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2012-05-04 Land adjacent from 637 N 20th AveORDINANCE NO. 2220 COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE AUTHORIZING THE SALE OF REAL ESTATE ATTACHED HERETO AND MARKED EXHIBIT "A "; 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, ADAM LIPPINCOTT, 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OF THE RIGHT OF REMONSTRANCE; PROVIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FOLLOWING PASSAGE AND PUBLICATION AS REQUIRED BY LAW AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM. 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 Adam Lippincott, whereby the City agrees to sell the real estate described 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 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 24th day of April, 2012. CITY OF BLAIR, NEBRASKA J 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 24th day of April, 2012. 4 � BRENDA R. WHEELER, CITY CLE AGREEMENT FOR SALE OF REAL ESTATE THIS AGREEMENT made this day of , 2012, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinaftei referred to as "Seller ", and Adam Lippincott, 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: The North 8' of the South 35' of Lot 10, Block 1, Neff s 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 $450, 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 8' to be sold for utilities on said 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 premise. 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 will be paid by the Buyer. 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 City of Blair hereby specifically reserves a perpetual easement over and across all of said 8' for repair of water lines, sewer lines and any other municipal utilities required for said real 19 0 STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) 4/ On this day of , 2012, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came Adam Lippincott, 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. NOTARY PUBLIC GByERAL, I�TAR1f - She ar Nebrasic� OMWDA C R. W estate. Further, the Buyers will not be able to place any type of permanent structure (ex: fence, etc.) and /or apply for a building permit to construct any type of structure on or across said 8' easement. The Buyers shall be responsible for any sidewalk or other assessments which may be made and which are attributable to the real estate. 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 JA ES E. REALPH, MAYOR ATTEST: BRENDA R. WHEELER, CITY CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) f On this � day of a , 2012, before me, the undersigned a Notary Public, duly commissioned and qualified for in1said 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. _ 11 ,-1 M 'Ir - -M NOTARY PUBLIC - - ®R yi ' el3 t � # r. 20 t Ave aa' - I C eb a co y co 0 g Mf G ,. ® rl": �Y a y § c_ `CL co CD 3 C M t r Y L ti Ul co t1 QD t7 n- �I — g Mf G ,. ® rl": �Y a Real Estate Transfer Statement FORM Nebraska Department of 5 REVENUE REVENUE - To b = filed with the Register of Deeds. 1 2 L • Read instructions on reverse .side. G n = =nurn i NAT Gar✓ Ps=i- nrinFn Ilal t= CCTt-IIC CTATFrXFMT IIC� SIt '.11IFn AKin ITFm.q 1 -2-t; ARE Ar - CURATELY COMPLETED 1 County Name 2 County Number ❑ Auction ❑ Exchange ❑ Life Estate 3 Date of Sale 4 Cate of Decd 29 Deed Page WASHINGTON - 89 ❑ YES ✓❑ NO 8' were s old from city right of way through Mo. 05 Day 4 Yr. 2012 M 01 Day 22 y 2013 5 Grantor's Name, Address, and Telephone (Please Print) 6 Grantee's Name, Address, and Telephone (Please Print) Grantor's Name (Seller) ❑ Grandparents and Grandchild Grantee's Name (Buyer) City of Blair 15 Was the mortgage assumed? (if Yes, state the amount and interest rate.) Adam Lippincott Street or Other Mailing Address 16 Does this conveyance divide a current parcel of land? Street or Other Mailing Address 218 S. 16th St. ❑ YES ❑ NO 14721 Highway 75 City State Zip Code City State Zip Code Blair NE 68008 Blair NE 68008 Telephone Number Telephone Number (402) 426 -4191 (402) 426 -4835 7 PROPERTY CLASSIFICATION NUMBER. Check one box in categories A and B. Check C if property is also a mobil home. (A) Status (B) Property Type (C) (1)❑ improved (1)❑ Single Family (4) ❑ Indusirial (7) ❑ mineral Interests -Non producing (9) ❑State Assessed (1) ❑ Mobile Home (2)❑✓ Unimproved (2) ❑ Multi- Family (5) ❑ Agricultural 1 (3)o (8) ❑ Mineral Interests - Producing 10) ✓❑ Exempt (3)❑ IGLL Commercial (6) ❑ Recreational 8 Type of Deed ❑ Corrective ❑ Land Contract ❑ Personal Rep. ❑ Bill of Sale 9 IRC § 1031 Exchange? ❑Yes ❑ No F] Warranty ❑Sheriff ❑ Executor ❑ Mineral ❑ Cemetery (Was the transfer an !RS like -kind exchange ?) ❑ Ouit Claim ❑ Conservator ❑ Partition ❑ Trust ❑ Other 10 Type of Transfer IVI Sale U Uttt L_j roreclosure L__1 rsevocaoie trust U t1vur t uecr ee U Jauaracucn I ul I_.ui icla� t ❑ Auction ❑ Exchange ❑ Life Estate ❑ Irrevocable Trust ❑ Partition ❑ Other (Explain.) 11 Was ownership transferred in full? (If No, explain the division.) 29 Deed Page 12 Was real estate purchased for same use? (It No, state the intended use.) ❑ YES ✓❑ NO 8' were s old from city right of way through a rer)lat El YES ® N Residential 13 Was the transfer between relatives, or if to a trustee, are the trustor and beneficiary relatives? (If Yes, check the appropriate box.) ❑ YES ❑✓ NO ❑ Spouse ❑ Parents and Child ❑ Family Corporation, Partnership or LLC ❑ Grandparents and Grandchild ❑ Brothers and Sisters ❑ Aunt or Uncle to Niece or Nephew ❑ Other 14 What is the current market value of the real property? 15 Was the mortgage assumed? (if Yes, state the amount and interest rate.) ❑ YES d NO $ % 16 Does this conveyance divide a current parcel of land? 17 Was transfer through a real estate agent? (If Yes, include the name of the agent.) ❑ YES ❑ NO ❑ YES ® NO 18 Address of Property 19 Name and Address of Person to Whom Tax Statement Should be Sent N/A 20 Legal Description Part of Lot 10, Block 1, Neffs Addition to the City of Blair, Washington County, Nebraska 21 If agricultural, list total number of acres 22 Total purchase price, including any liabilities assumed ............ I., .... .. . . . ............. . ....... . . 23 Was nonreal property included in the purchase? ❑ YES ❑ NO (If Yes, enter amount and attach itemized list.) . . 24 Adjusted purchase price paid for real estate (line 22 minus line 23) .............. . . .................... . . . . 450'.00 O 45400 25 If this transfer is exempt from the documentary stamp tax list the exemption number Under penalties of law, 1 declare that I have examined this statement and that it is, to the best of my knowledge and belief, true, complete, and correct, and that I am duly authorized to sign this statement. City of Blair, Nebraska (402) 426 -4191 Print orTyp�_- of Grantee or Authorized Rep�sentative Telephone Number sign L ���� Brenda Wheeler, City Clerk 01/22/2013 h 8re Signature of Grantee or Authorized Representative Title Date REGISTER OF DEEDS' USE ONLY FOR DEPT. USE ONLY 26 Date Deed Recorded Mo. — Day Yr. 27 Value of Stamp or Exempt Number 28 Deed Book 29 Deed Page 30 Nebraska Department of Revenue """''U' "G" "y Form No. 96 -269 -2008 Rev. 8 -2011 supersedes 96- 269 -2008 GRANTEE— Please retain a copy of this document for your records. t_ OT NEBRASKA DOC UMENTARY ��TTA M P TAX Date , _.r 4��,._ -.. w_�..._ ... -. E i By - r�h'7R i.Wu gdu nsrn +' ,A1 � fr a}, l rte ' i -t ,'e. Ic��� :�-�' EE r,n, MARGIN ABOVE RESERVED FOR RECORDING INFORMATION ATE OF INSTRUMENT: January 23, 2013 RETURN ADDRESS: City of Blair 218 S. 16 St. Blair, NE 68008 CITY OF BLAIR, NEBRASKA, Grantor, whether one or more, in consideration of Four B:undred Fifty Dollars ($450.00), receipt is hereby acknowledged, quitclaims and conveys to Adam Lippincott, Grantee, the following described real estate (as defined in Neb. Rev. Stat 67- 201) in Washington County, Nebraska: Part of Lot 10, Block 1, Neffs Addition to the City of Blair, Washington County, Nebraska and more particularly described as follows: From an iron found at the Northwest Corner of Lot 9, Block 1, Neff s Addition to the city of Blair, Washington County, Nebraska; thence S 89 °5622" E (assumed bearing) along the Northerly Line of said Lot 9 a distance of 120.16 to the Northeast Corner of said Lot 9; thence S 00'09'14'E along the Easterly Line of Lots 9 and 10 in said Block 1, a distance of 134.51 feet to an iron found at the Southeast Corner of the Northerly 25.00 feet of said Lot 10 and the Point of Beginning; thence continuing S 00 °09'14" E along the Easterly Line of said Lot 10 a distance of 8.00 feet; thence S 89 °55'16" W parallel to and 8.00 feet southerly of the Southerly Line of the North 25.00 feet of said Lot 10 a distance of 120.54 feet to the Westerly Line of said Lot 10; thence N 00 °00'00" W along said westerly lot line a distance of 8.00 feet to an iron found at the Southwest Corner of the Northerly 25,00 feet of said Lot 10; thence N 89 °55'16" E along said Southerly Line a distance of 120.52 feet to the Point of Beginning and containing 0.02 acres, more or less. The City of Blair hereby specifically reserves a perpetual easement over and across all of said 8' for repair of water lines, sewer lines and any other municipal utilities required for said real estate. Further, the Buyers will not be able to place any type of permanent structure (ex: fence, etc.) and /or apply for a building permit to construct any type of structure on or across said 8' easement. This easement shall run with the land and shall be binding upon the heirs, personal representatives, successors, and assigns of the Owner. The Buyers shall be responsible for any sidewalk or other assessments which may be made and which are attributable to the real estate. CITY OF BLAIR, NEBRASKA, A Municipal Corporation By 7� �Iaes Realph, Mayor STATE OF NEBRASKA COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me on January 23, 2013 by James Realph, Mayor for the City of Blair, Nebraska. GENERAL NOTARY - Stat �1� BRCom� E p. J ne 20, 201 ,..... MY Notary Public