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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OF THE RIGHT OF REMONSTRANCE; PROVIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FOLLOWING PASSAGE AND PUBLICATION AS REQUIRED BY LAW.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 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 P rP 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 Y 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