2201ORDINANCE NO. 2201
COUNCIL MEMBER JENSEN INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF REAL ESTATE ATTACHED HERETO
AND MARKED EXHIBIT "A" FOR THE SUM OF $7,500.00; 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, DAVID J. HEER, 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HEREWITH TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE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 David J. Heer,
whereby the City agrees to sell the real estate described in "Exhibit A" for the sum of $7,500.00
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repealed.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 22nd day of February, 2011.
CITY OF BLAIR, NEBRASKA
ATTEST:
(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 22nd day
of February, 2011.
BRENDA R. WHEELER, CITY CLERK
AGREEMENT FOR SALE OF REAL ESTATE
THIS AGREEMENT made this 22nd day of February, 2011, by and between the City of
Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and David J. Heer,
hereinafter referred to as "Buyer ".
WITNESSETH:
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 PORTION OF LOTS 1, 2 AND 3, BLOCK 70, ORIGINAL TOWNSITE, CITY OF BLAIR,
WASHINGTON COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE S 02'25'41" E,
13 9.76 FT. ON THE EAST LINE OF SAID LOT TO THE SOUTHEAST CORNER THEREOF; THENCE S
87'35'20" W, 27.67 FT. ON THE SOUTH LINE OF SAID LOT TO THE WESTERLY RIGHT OF WAY
LINE OF THE ABANDONED C &NW RAILROAD RIGHT OF WAY; THENCE 46'22'26" W, 194.3 5 FT.
ON SAID RIGHT OF WAY LINE TO THE NORTH LINE OF SAID LOT 3; THENCE N 87'3 8'09" E,
162.54 FT. ON THE NORTH LINE OF SAID LOTS TO THE POINT OF BEGINNING, CONTAINING
0.31 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 $7,500, 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
B
M S E. REALPH, MAYOR
ATTEST:
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this t,_- day of %�„ !.� , 2011, before me, the undersigned allotary Public,
duly commissioned and qualified for in said 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.
WITNESS my hand and Notarial Seal the day and year last above written.
PURCHASER:
BY
DAVID J. HEER
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this - of 2011, before me, the undersigned a Notary
Public, duly commissioned and qualified for i d. coup personally Pub y q county, p Y came David J. Heer, 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.
C ERpiL NOTARY - Se of Nebr�"!
NOTARY PUBLIC
®RENDA R. WHEE- 2
My Comm. Exp. June 20, 2012