2169ORDINANCE NO. 2169
COUNCIL MEMBER CHRISTIANSEN INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF REAL ESTATE ATTACHED HERETO
AND MARKED EXHIBIT "A" FOR THE SUM OF $30,000.00; 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, NIELSEN
CONSTRUCTION COMPANY, BLAIR, NEBRASKA 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REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL FORCE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 Nielsen
Construction Company, whereby the City agrees to sell the real estate described hereinabove for
the sum of $30,000.00 and pursuant to the terms and provisions of the Purchase Agreement
attached hereto and marked Exhibit "A ".
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repealed.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 14th day of July, 2009.
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
CITY OF BLAIR, NEBRASKA
B
JA 4 E. REALPH, MAYOR
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 14th day
of July, 2009.
, A
BRENDA R. WHEELER, CITY CLERK
THIS AGREEMENT made thisAa day of /r "e/ , 2009, by and between the
City of Blair, Nebraska, a Municipal Corporation, hereinaft er referred to as "Seller", and Nielsen
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Construction Company, hereinafter referred to as "Buyer ".
WITNES SETH:
AGREEMENT FOR SALE OF REAL ESTATE
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:
Lot 11, Block 81, Third Addition, Blair, Washington County, Nebraska
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 $30,000.00, 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 assessments which may be made and which are attributable to the real estate.
Seller shall pay in full and hold Buyer harmless from all assessments pertaining to SID #73,
Water Extension District #50, and Gap Paving District #192.
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. The
Seller shall not have any obligation or liability to provide a survey of the premises.
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 circumstances 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:
STATE OF NEBRASKA
STATE OF NEBRASKA
BRENDA R. WHEELER, CITY CLERK
u ERAL NOTARY -
KATHERINE D.
My Comm Exp. June 17, 101
CITY OF BLAIR, NEBRAKSA
BY ,
REALPH, MAYOR
PURCHASERS:
BY
JAY NIELN,4Tielsen Construction Company
) :s
WASHINGTON COUNTY
^^O�IW
On this /1 day of (�S , 2009, before me, the undersigned a Notary Public, duly
commissioned and qualified for in aid 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.
NOTARY PUBLIC
) :ss:
mmub,1- -k164110-
WASHINGTON COUNTY
On thi d ay of Na l,(,) , 2009, before me, the undersigned a Notary Public, duly
commissioned and qualified for ins said county, personally came Jay Nielsen on behalf of Nielsen
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Construction Company, 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 voluntary act and deed.
WITNESS my hand and Notarial Seal the day and year last above written.
, KQ41(.a nutQ,. ItaIC'.,NA.
NOTARY PUBLIC