2143ORDINANCE NO. 2143
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF REAL ESTATE ATTACHED HERETO
AND MARKED EXHIBIT "A" FOR THE SUM OF $400.00; PROVIDING FOR NOTICE OF
SUCH SALE TO BE PUBLISHED FOR THREE CONSECUTIVE WEEKS IMMEDIATELY
AFTER THE PASSAGE OF THIS ORDINANCE; AUTHORIZING THE MAYOR TO ENTER
INTO A PURCHASE AGREEMENT WITH THE BUYER, CRYSTAL M. VOGT, A SINGLE
PERSON, AND TO MAKE ALL NOTIFICATIONS REQUIRED UNDER NEB. REV. STAT.
§ 16 -202, INCLUDING NOTIFICATION OF THE RIGHT OF REMONSTRANCE;
PROVIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE
IN FULL FORCE AND EFFECT FOLLOWING PASSAGE AND PUBLICATION AS
REQUIRED BY LAW.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. The City of Blair authorizes the Mayor and City Clerk to execute and
deliver a Purchase Agreement by and between the City of Blair, Nebraska, and Crystal M. Vogt, a
single person, whereby the City agrees to sell the real estate described hereinabove for the sum of
$400.00 and pursuant to the terms and provisions of the Purchase Agreement attached hereto and
marked Exhibit `B ".
SECTION 2. The Mayor and City Clerk of the City of Blair, Nebraska hereby authorized
and directed to make all notifications required under Neb. Rev. Stat. §16 -202, et.seq., including
but not limited to notice of the sale and the terms thereof, and, after the required remonstrance
period has lapsed and City has not received a remonstrance against such sale signed by registered
voters of the City equal in number to Thirty Percent (30 %) of the registered voters of the voters
voting at the last regular municipal election held therein, then, the Mayor and City Clerk are
authorized to execute and deliver any and all documents, deeds or other instruments necessary to
effectuate such conveyance of real estate.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4. 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 26th day of August, 2008.
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
CITY OF BLAIR, NEBRASKA
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified, and
acting City 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 said City held on
the 26th day of August, 2008.
REALPH, MAYOR
BRENDA R. WHEELER, CITY CLERK
LEGAL DESCRIPTION:
Tract B: (Vogt)
Exhibit "A"
Part of the NE1 /4 of the NE1 /4 of Section 11, Township 18 North, Range 11 East of the
6th Principal Meridian, Washington County, Nebraska and more particularly described as
follows:
From the Southeast Corner of Tax Lot 206 lying in Section 11, Township 18 North,
Range 11 East, said point being 90.00 feet north and 240.00 feet east of the Southwest
Corner of the NE1 /4 of the NE1 /4 of said Section 11 and on the Northerly Right -of -Way
Line of Jackson Street as said street is platted and recorded in the City of Blair, Nebraska
and assuming said northerly street right -of -way line to bear
N 89 °58'33" W ; thence S 89 °58'33" E along said northerly street right -of -way line a
distance of 5.00 feet to the Point of Beginning; thence N 00 °02'50" W a distance of
150.03 feet to a point on the easterly projection of the Northerly Line of said Tax Lot 206;
thence N 89 °59'43" E along said easterly projected line a distance of 5.00 feet to the
Northwest Corner of Tax Lot 376 in said Section 11; thence S 00 °02'50" E along the
Westerly Line of said Tax Lot 376 a distance of 150.03 feet to the Southwest Corner of
said Tax Lot 376, said point lying on the Northerly Right -of -Way Line of said Jackson
Street; thence N 89 °58'33" W along said northerly street right -of -way line a distance of
5.00 feet to the Point of Beginning and containing 750 square feet, more or less.
THIS AGREEMENT made this 2.19 day of A-C(9 03 , 2008, by and between the
City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and Crystal M.
Vogt, hereinafter referred to as "Buyer ".
WITNES SETH:
AGREEMENT FOR SALE OF REAL ESTATE
Exhibit "B"
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:
Part of the NE1 /4 of the NE1 /4 of Section 11, Township 18 North, Range 11 East of the 6th
Principal Meridian, Washington County, Nebraska and more particularly described as follows: From
the Southeast Corner of Tax Lot 206 lying in Section 11, Township 18 North, Range 11 East, said
point being 90.00 feet north and 240.00 feet east of the Southwest Corner of the NE 1/4 of the NEl /4
of said Section 11 and on the Northerly Right -of -Way Line of Jackson Street as said street is platted
and recorded in the City of Blair, Nebraska and assuming said northerly street right -of -way line to
bear
N 89 °58'33" W ; thence S 89 °58'33" E along said northerly street right -of -way line a distance of 5.00
feet to the Point of Beginning; thence N 00 °02'50" W a distance of 150.03 feet to a point on the
easterly projection of the Northerly Line of said Tax Lot 206; thence N 89 °59'43" E along said
easterly projected line a distance of 5.00 feet to the Northwest Corner of Tax Lot 376 in said Section
11; thence S 00 °02'50" E along the Westerly Line of said Tax Lot 376 a distance of 150.03 feet to the
Southwest Corner of said Tax Lot 376, said point lying on the Northerly Right -of -Way Line of said
Jackson Street; thence N 89 °58'33" W along said northerly street right -of -way line a distance of 5.00
feet to the Point of Beginning and containing 750 square feet, 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 $400.00, 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:
Sge_46/ zA)
BRENDA R. WHEELER, CITY CLERK
CITY OF BLAIR, NEBRASKA
PURCHASER:
S E. REALPH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this 41 day of S , 2008, before me, the undersigned allotary Public,
duly commissioned and qualified for ii aid county, personally came James E. Realph, Mayor ofthe
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.
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this 34 day of -, 2008, before me, the undersigned a Notary Public, duly
commissioned and qualified for in said county, personally came Crystal M. Vogt, Buyer, 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.
WITNESS my hand and Notarial Seal the day and year last above written.
GENERAL NOTARY - State of Nebraska
LISA M. ANDERSEN
My Comm. Ezo, Am 23.2009
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NOTARY PUBLIC U
NOTARY PUBLIC