2008-08COUNCILMEMBER BIFFAR INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, a Purchase Agreement between the Kathleen A. Chapman, Seller, and the
City of Blair, as Buyer, has been prepared and presented to the City Council providing for the
terms and provisions of the purchase by the City of Blair for Lots 4, 5 & W 23.1' of Lot 3,
Block 45, Blair City, Washington County, Nebraska, a copy of which Purchase Agreement is
attached hereto, marked Exhibit "A" and by this reference made a part hereof, and
WHEREAS, the terms and conditions of the Purchase Agreement is acceptable to the
municipality.
NOW, THEREFORE, BE IT RESOLVED that the Purchase Agreement referred to
hereinabove is hereby adopted and accepted by the City of Blair and the Mayor is hereby
authorized and directed to execute same on behalf of the municipality.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL,
FANOELE, CHRISTIANSEN, WOLFF, ABBOTT AND BIFFAR VOTING "AYE ", AND
COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26TH DAY OF FEBRUARY,
2008.
ATTEST:
(SEAL)
BRENDA R. WHEELER, CITY CLERK
RESOLUTION NO. 2008 - 8
CITY OF BLAIR, NEBRASKA
. REALPH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
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 Resolution
was passed and adopted at a regular meeting of the Mayor and City Council of said city held on
the 26th day of February, 2008.
&//
BRENDA R. WHEELER, CITY CLERK
PURCHASE AGREEMENT— Real Estate
/ O /
/ /v , 2008
This Purchase Agreement made and entered into by and between / Kathleen A. Chapman,
a single person hereinafter referred to as "Seller ", and the City of Blair, Nebraska, hereinafter
referred to as "Buyer ".
Now, therefore, in consideration of the mutual covenants contained herein and for other
good and valuable consideration, the parties hereby agree as follows:
1. Sale. The Seller hereby agrees to sell, and the Buyer hereby agrees to purchase, at the
price and on the terms hereinafter set forth, the following described property, including but
limited to all fixtures, improvements, structures, buildings, etc., located thereon and legally
described as follows:
(a) Legal Description of Real Estate.
BC LOT 4 & W 23.1' LOT 3 BLK 45
BC LOT 5 BLK 45
2. Purchase Price and Terms of Payment. The purchase price paid to Seller for the
aforesaid real estate and personal property being purchased by the Buyer is Sixty Thousand
Dollars and No /100's ($60,000.00) cash.
3. Closing Date. The closing date for the transaction shall be on or before
, 2008. Closing shall occur at Blair Abstract & Title, 706 South 19 Street,
Blair, NE 68008. The cost of escrow closing shall be paid by the Buyer.
4. Title Insurance. Title insurance shall be used in the conveyance in lieu of an abstract
of title. Seller shall provide Buyer with a commitment for title insurance, showing good and
marketable title in Seller, and the policy of title insurance shall be issued by said title insurance
company on its standard form, with such printed exceptions as appear on the form and any
further exceptions and encumbrances as are acceptable to Buyer. Written notice of any such
defects, including any easements, restrictions or other matters affecting title to the property
contained in the updated commitment that is unacceptable to Buyer or its counsel shall be
delivered to Sellers within Fourteen (14) days of receipt of the commitment of title insurance.
Seller has no obligation to cure any defects. If Seller is unable or unwilling to cure such defects
to the reasonable satisfaction of Buyer within a reasonable time thereafter, and if said defects are
not so cured within a reasonable amount of time, then either party may terminate this Agreement.
Seller and Buyer agree to equally divide the total cost of the title insurance premium.
5. Warranty Deed. Upon payment by the Buyer to Seller of the purchase price of the real
estate purchased, Seller shall cause to be conveyed to Buyer conveying marketable fee simple
title in and to said real estate described hereinabove, by proper Warranty Deed, subject to the
following:
1
(a) General Real Estate Taxes. Real estate taxes due and payable
as provided in Paragraph 6 of this Purchase Agreement.
6. General Real Estate Taxes. Real estate taxes for all years prior up to the date of
closing shall be paid by Seller. Current real estate taxes shall be prorated as to the date of
possession. (Basis for the proration shall be the most recent real estate tax statement.) The
Seller shall pay all real estate taxes, if any, owing for prior calendar years.
7. Possession. Seller shall have exclusive possession of the property until the date of
closing. Any risk of loss to the property shall be borne by Seller until possession has been turned
over to Buyer.
Buyer shall assume all risk of loss from and after the date of closing.
8. Specific Performance. It is understood and agreed that both parties retain their right to
bring action for a specific performance of the terms of this Agreement in the event the other
party is in default in carrying out their obligations under this Agreement.
9. Time is of the Essence. Time shall be of the essence in this Agreement for all times
(dates) specified hereinabove both before and after the closing date.
10. Conveyance of Title. It is understood and agreed that this Agreement shall in no
manner be construed to convey title to said property or to give any right to take possession
thereof.
11. Hazardous Material: Seller hereby represents to the best of Seller's knowledge,
information and belief, that there are no conditions present or existing with respect to the
Property which may give rise to or create environmental hazards or liabilities and there are no
enforcement actions pending or threatening with respect thereof, and Seller hereby agrees to
indemnify and hold Buyer harmless from any such claims for liability and all expense that Buyer
may be required to incur as a result of Seller's use of the Property.
12. Other Terms of Agreement.
(a) Seller shall pay all documentary stamps as a result of the sale, if any;
(b) Buyer agrees to pay for the cost of the preparation of this Purchase Agreement;
(c) Buyer agrees to pay for moving costs within the Blair Metropolitan area to
Blair Moving Company up to $4,000.00.
(d) Legal description is subject to modification pursuant to final survey to be paid
for by Buyer.
(e)
This Agreement contains the entire understanding among the parties
and supercedes any prior understanding among the parties and
agreements between them respecting the within subject matter. There
are no representations, agreements, arrangements or understandings
2
1 0 ,
ATTEST:
oral or written between or among the parties hereto relating to the
subject matter of this agreement which are not fully expressed herein.
STATE OF NEBRASKA )
H - K R f SON' ) : s s :
COUNTY OF )
The foregoing instrument was acknowledged
Q , 2008, by Kathleen A. Chapm.
LORRAINE THOMAS
COMMISSION NUMBER 719044
My Commission Exp
October 15,
(4 2
City Clerk
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
GENERAL Nord„ - stale of 146 a
KATHERINE D. LOU DNER.
nn
_, C Gvn June 17. 20'
3
By i >! .0 —a e6-a lh
Kathleen A. Chapman, A Single Person,
SELLER
before
le person.
I r
4ptiblic
CITY OF BLAIR, NEBRASKA, Buyer
JME E. REALPH, Mayor
A The I foregoing instrument was acknowledged before me on this { I day of
f ,l
ffl I ,2008, by James E. Realph, Mayor of the City of Blair, Nebraska.
)1.(1)diu _a
Notary Public