2125ORDINANCE NO. 2125
AN ORDINANCE APPROVING THE SALE OF EXCESS CITY PROPERTY KNOWN AS A
TRACT OF LAND LOCATED IN THE SE1 /4 OF THE NE1 /4 OF SECTION 11, TOWNSHIP
18N, RANGE 11E OF THE 6 P.M., CITY OF BLAIR, WASHINGTON COUNTY,
NEBRASKA BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING
AT THE NORTHEAST CORNER OF LOT 1, BLOCK 10, SECOND ADDITION TO THE
CITY OF BLAIR; THENCE NORTH ON THE NORTHERLY EXTENSION OF THE EAST
LINE OF SAID LOT 1, 74.13 FT. TO THE SOUTHERLY RIGHT OF WAY LINE OF PARK
STREET; THENCE WEST 71.57 FEET ON SAID RIGHT OF WAY LINE TO THE
WESTERLY RIGHT OF WAY LINE OF THE ABANDONED C &NW RAILROAD; THENCE
SOUTHEASTERLY, 103.02 FEET ON SAID RAILROAD RIGHT OF WAY LINE TO THE
POINT OF BEGINNING, CONTAINING 0.06 ACRES MORE OR LESS; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
SECTION 1. That the Mayor is hereby authorized to execute and deliver a Agreement
For Sale of Real Estate, a copy of which is attached hereto, marked Exhibit "A" and incorporated
by this reference herein which sets forth the terms and provisions of the sale of the real estate
from the City of Blair, Nebraska.
SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 3. This ordinance shall be in full force and effect from and following the
passage and publication hereof as required by law.
Passed and approved this 23rd day of October, 2007.
CITY OF BLAIR, NEBRASKA
ATTEST:
(SEAL)
,
GU S
BRENDA R. WHEELER, City Clerk
By
JA1 E. REALPH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified, acting
Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly
passed and approved at a regular meeting of the Mayor and City Council of the City of Blair,
Nebraska, held on the 23rd day of October, 2007.
BRENDA R. WHEELER
AGREEMENT FOR SALE OF REAL ESTATE
THIS AGREEMENT made this day of (`') , 2007, by and between the
City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and Mark and
Julie Kuhr, husband and wife, hereinafter referred to as "Buyer ".
WITNESSETH:
Seller agrees to sell and convey to the Buyer by Quit Claim Deed, free and clear of all
encumbrances except easements and restrictions of record, the following described real estate, to -wit:
EXCESS CITY PROPERTY KNOWN AS A TRACT OF LAND LOCATED IN THE SE1 /4 OF
THE NE1 /4 OF SECTION 11, TOWNSHIP 18N, RANGE 11E OF THE 6 P.M., CITY OF
BLAIR, WASHINGTON COUNTY, NEBRASKA BEING MORE PARTICULARILY
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1,
BLOCK 10, SECOND ADDITION TO THE CITY OF BLAIR; THENCE NORTH ON THE
NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 1, 74.13 FT. TO THE
SOUTHERLY RIGHT OF WAY LINE OF PARK STREET; THENCE WEST 71.57 FEET ON
SAID RIGHT OF WAY LINE TO THE WESTERLY RIGHT OF WAY LINE OF THE
ABANDONED C &NW RAILROAD; THENCE SOUTHEASTERLY, 103.02 FEET ON SAID
RAILROAD RIGHT OF WAY LINE TO THE POINT OF BEGINNING, CONTAINING 0.06
ACRES MORE OR LESS
the said Buyer agrees to purchase said property on the following terms and conditions, to -wit:
The purchase price therefore is agreed to be the sum of $250.00, which shall be paid in cash
at the time of closing. Closing of the transaction shall be on or before forty-five (45) days following
passage of an ordinance by the City of Blair approving the sale herein.
It is understood and agreed by and between the parties hereto that Buyer shall receive
possession of the premises upon closing.
The City of Blair hereby specifically reserves an easement over and across said right of way
for a storm sewer and any other utilities on said real estate. The Buyer shall have the right to move
and reconstruct said storm sewer or other utilities to any location on said real estate provided same is
at the Buyer's sole expense and pursuant to Seller's specifications. The Buyer shall be responsible
for any sidewalk or other assessments which may be made and which are attributable to the real
estate.
Seller shall not be responsible for payment of any real estate taxes assessed against the
premises. The Buyer shall be responsible for and shall pay any and all taxes assessed against the
premises including but not limited to any assessments made for any year or partial year during which
the City owned the premises, but which are levied as a result of this transaction.
The Seller shall not have any obligation or liability to provide a survey of the premises.
In the event the Buyer requests, Seller shall provide to the Buyer a title insurance
commitment to said premises showing good and marketable fee simple title in it for conveyance to
said Buyer. The cost of such title insurance shall be split equally between the parties.
The Seller specifically makes no warranties or representations as to the condition of the
premises nor their usability as may be intended by the Buyer. The Buyer is purchasing the premises
"as is ". The Buyer has made an inspection of the property and is familiar with the condition thereof
and is not relying upon any representations made with reference thereto by the Seller except those set
forth herein.
This Agreement shall be subject to the filing of any remonstrance pursuant to Nebraska
Statutes against the exchange of this property by Blair wherein such remonstrance would be deemed
to be valid and which would prohibit, pursuant to the statutes of the State of Nebraska, the
conveyance of the property by the City of Blair. In the event of such remonstrance, the purchase
price shall be returned to the Buyer. Under no other circumstance shall the Buyer be entitled to a
refund of the purchase price.
This Agreement executed the date first aforesaid shall be binding upon the assigns and
successors of all parties hereto.
ATTEST:
B NDA R. WHEELER, CITY CLERK
CITY OF BLAIR, NEBRASKA
B
JIE`\ E. REALP!I, MAYOR
PURCHASERS:
By ~ Mlrlu
Mark Kuhr
By c�/
lie Kuhr
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this 23 day of l.,'lArt�� , 2007, before me, the undersigned a Notary Public,
duly commissioned and qualified for in said county, personally came James E. Realph, Mayor of the
City of Blair, Nebraska, Seller, to me known to be the identical person whose name is affixed to the
foregoing agreement and acknowledged the execution thereof to be his voluntary act and deed.
WITNESS my hand and Notarial Seal the day and year last above written.
GENERAL NOTARY - State of Nebraska
KATHERINE D. LOUDNER
My Comm. Exp. June 17, 20D
OOLLWA Utt. LeltriAL/t-
NOTARY PUBLIC
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this ),,J day of 00 V , 2007, before me, the undersigned a Notary
Public, duly commissioned and qualified for in said county, personally came Mark and Julie Kuhr,
Buyers, to me known to be the identical person whose name is affixed to the foregoing agreement
and acknowledged the execution thereof to be his /her voluntary act and deed.
WITNESS my hand and Notarial Seal the day and year last above written.
kakUi lit 1 LEV 6
State of ..,, ..... ..
NOTARY - Nebraska
KATHERINE D. LOUDNE
My Comm. Exp. June 17, 2
NOTARY PUBLIC
S:\ 0604231 \LDD - 0604231 \dwg \Survey \Topo \0604231su.dwg
' DEC -04 -2006 12:26:21 cwm
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A TRACT OF LAND LOCATED IN THE SE1 /4 OF THE NE1 /4 OF SECT /ON 11, T18N R11E, OF THE 6TH P.M. /WASHINGTON
COUNTY, NEBRASKA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF
LOT 1, BLOCK 10, SECOND ADDITION TO THE CITY OF BLAIR; THENCE NORTH ON THE NORTHERLY EXTENSION OF THE
EAST LINE OF SAID LOT 1, 74.13 FT. TO THE SOUTHERLY RIGHT OF WAY LINE OF PARK STREET, THENCE WEST 71.57
FT. ON SAID RIGHT OF WAY LINE TO THE WESTERLY RIGHT OF WAY LINE OF THE ABANDONED C &NW RAILROAD; THENCE
SOUTHEASTERLY, 103.02 FT ON SAID RAILROAD RIGHT OF WAY LINE TO THE POINT OF BEGINNING, CONTAINING 0.06
ACRES MORE OR LESS.
LEGAL DESCRIPTION
SURVEYOR'S STATEMENT
THIS SURVEY WAS DONE AT THE REQUEST OF THE CITY OF BLAIR.
_ 239.98'41 240.00'P
168.41'M
3%4 " P.T.P. 3/4" P.T.P.
LEGEND
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MONUMENT SET
0 (5/8'x30" REBAR W/
PLASTIC SURVEY CAP)
FOUND MONUMENT
M MEASURED THIS SURVEY
P PLATTED DISTANCE
R RECORDED DISTANCE
X CALCULATED POINT
T, CHAD W. MARSH, A REGISTERED LAND SURVEYOR IN THE STATE OF NEBRASKA, HEREBY STATE THAT THIS SURVEY WAS
DONE BY ME OR UNDER MY DIR . r' N AND IS TRUE AND CORRECT IC THE BEST OF MY KNOWLEDGE AND
BELIEF ' S
STE 9
CHAD W MARSH, L.S. /560
JUNE 8, 2006
REVISED: DECEMBER 4, 200
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