2198ORDINANCE NO. 2198
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 $10,000.00; 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, JENSEN
LAWN SOLUTIONS, 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ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT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,
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 Jensen Lawn
Solutions, whereby the City agrees to sell the real estate described hereinabove for the sum of
$10,000.00 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repealed.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 25th day of January, 2011.
CITY OF BLAIR, NEBRASKA
JA E. REALPH, MAYOR
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
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 25th day
of January, 2011.
4m'�/ Z6
BRENDA R. WHEELER, CITY CLERK
AGREEMENT FOR SALE OF REAL ESTATE
THIS AGREEMENT made this 2s day of , 2011, by and between the
City of Blair, Nebraska, a Municipal Corporation, hereinafter r rred to as "Seller ", and Jensen
Lawn Solutions, hereinafter referred to as "Buyer ".
WITNES SETH:
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:
A PARCEL OF LAND BEING A PORTION OF VACATED 10th STREET, A PORTION OF THE
ABANDONED CHICAGO & NORTHWESTERN RAILROAD RIGHT -OF -WAY AND A PORTION OF
TAX LOT 63 ALL IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
12, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6th PRINCIPLE MERIDIAN, CITY OF BLAIR,
WASHINGTON COUNTY, NEBRASKA, BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER; THENCE ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER, SOUTH 00 DEGREES 15 _MINUTES 39 SECONDS EAST, 543.59 FEET
TO A POINT ON THE CENTERLINE OF SAID ABANDONED CHICAGO & NORTHWESTERN
RAILROAD RIGHT -OF -WAY; THENCE ALONG SAID CENTERLINE, SOUTH 43 DEGREES 50
MINUTES 37 SECONDS EAST, 86.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONT]NUING ALONG SAID CENTERLINE, SOUTH 43 DEGREES 50 MINUTES 37 SECONDS EAST,
351.09 FEET; THENCE SOUTH 51 DEGREES 14 MINUTES 24 SECONDS WEST, 50.20 FEET TO A
POINT ON THE SOUTH RIGHT -OF -WAY LINE OF SAID ABANDONED CHICAGO &
NORTHWESTERN RAILROAD; THENCE -ALONG SAID SOUTH RIGHT -OF -WAY LINE, SOUTH 43
DEGREES 51 MINUTES 34 SECONDS EAST, 9.17 FEET TO THE CENTERLINE OF SOUTH CREEK;
THENCE ALONG SAID CENTERLINE THE FOLLOWING 2 COURSES: 1) SOUTH 64 DEGREES 30
MINUTES 23 SECONDS WEST, 120.11 FEET; 2) SOUTH 45 DEGREES 42 MINUTES 14 SECONDS
WEST, 106.01 FEET; THENCE NORTH 51 DEGREES 45 MINUTES 07 SECONDS WEST, 17.02 FEET;
THENCE SOUTH 52 DEGREES 50 MINUTES 24 SECONDS WEST, 48.17 FEET TO A POINT ON THE _
EAST RIGHT -OF -WAY LINE OF SAID SOUTH 10th STREET; THENCE ALONG SAID EAST RIGHT -
OF -WAY LINE THE FOLLOWING 5 COURSES: 1) NORTH 06 DEGREES 36 MINUTES 29 SECONDS
WEST 31.13 FEET TO THE BEGINNING OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS
OF 395.00 FEET; 2) NORTHERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16
DEGREES 23 MINUTES 14 SECONDS, 112.97 FEET; 3)NORTH 09 DEGREES 46 MINUTES 45 SECONDS
EAST, 74.16 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS
OF 455.00 FEET; 4) NORTHERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01
DEGREE 57 MINUTES 144 SECONDS, 19.01 FEET; 5) NORTH 03 DEGREES 02 MINUTES 00
SECONDS EAST, 200.49 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS AN
AREA OF 58,615 SQUARE FEET (1.346 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 $10,000, 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.
CITY OF BLAIR, NEBRASKA
J M E. REALPH, MAYOR
ATTEST:
BRENDA R. WHEELER, CITY CLERK
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this 25 day of _ n0 , 2011, 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.
NOTARY PUBLIC
PURL
li
SEN dba JENSEN LAWN SOLUTIONS
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this ZS day of , 2011, before me, the undersigned a Notary
Public, duly commissioned and qualified for irt4aid county, personally came Chris Jensen dba Jensen
Lawn Solutions, 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. n