2238ORDINANCE NO. 223 8
COUNCIL MEMBER RYAN INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF LOTS 54, 55, 69 AND 72 IN
DEERFIELD REPLAT 2 ADDITION AND LOT 76, DEERFIELD ADDITION, AN
ADDITION TO THE CITY OF BLAIR, AS SURVEYED, PLATTED AND
RECORDED IN WASHINGTON COUNTY, NEBRASKA; SOLD COLLECTIVELY
FOR THE SUM OF SEVENTY THOUSAND DOLLARS ($70,000.00); PROVIDING
FOR NOTICE OF SUCH SALE TO BE PUBLISHED. FOR THREE (3)
CONSECUTIVE WEEKS IMMEDIATELY AFTER THE PASSAGE OF THIS
ORDINANCE; AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE
AGREEMENT WITH THE BUYER, MCCAIG CONSTRUCTION, 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TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN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
McCaig Construction, Inc., whereby the City agrees to sell the real estate described
hereinabove for the sum of seventy thousand dollars ($70,000.00) and pursuant to the
terms and provisions of the Purchase Agreements attached hereto and marked Exhibit
«
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hereby repealed.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 12th day of February, 2013.
CITY OF BLAIR, NEBRASKA
*ME. REALPH, MAYOR
ATTEST:
H
13ftM5A 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 12th day of February, 2013.
BkE DA R. WHEELER, CITY CLE
THIS AGREEMENT made this 31" day of January, 2013, by and between the City of Blair,
Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and McCaig Construction,
Inc. and or assignee, 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:
Lot 54, 55, 69 and 72, Deerfield Replat 2 Addition, and Lot 76, Deerfield Addition, City of
Blair, Washington County, Nebraska
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 Seventy Thousand, ($70,000.00),
which shall be paid in cash at the time of closing. Closing of the transaction shall be on a date
agreed to between Seller and Buyer, but in no case shall the closing be on a date less than 30 days
from the date of the publication of the Ordinance Authorizing the sale nor more than 60 days from
date of said publication date.
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 all easements over and across said right of way
for a storm sewer and any other utilities on said real estate as they exist on the date of this agreement
and as may have been contemplated in the platting of the Subdivision. 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 on or after the date of this
agreement and which are attributable to the real estate.
Upon the signing of this agreement for the sale of this real estate, the buyer shall make a
down payment deposit of One Thousand Dollars and no cents ($1,000.00) per lot, which shall be
non - refundable unless seller is unable to deliver marketable title, but shall be credited toward the
purchase price at the time of closing.
Seller shall be responsible for payment of any real estate taxes assessed against the premises
for the 2012 tax year and prior. 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 tax year or
partial year after the date of this sale.
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 paid by the buyer.
The Seller specifically makes no warranties or representations as to the condition of the
property or the 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 down
payment deposit shall be returned to the Buyer.
In any event, the Buyer remedy shall be limited to a refund of the down payment deposit.
The City of Blair shall not be liable for consequential damages including but not limited to lost
profits.
The use of the property may be subject to existing covenants which may be enforced by the
owners of other properties. Seller has no duty to enforce any applicable covenants. The City of Blair
will review all items delegated to the Architectural Control Committee in the existing covenants for .
new homes and certain other improvements.
This Agreement executed the date first aforesaid shall be binding upon the assigns and
successors of all parties hereto.
CITY OF BLAIR, NEBRASKA
.,4
B
J E E. REALPH, MAYOR
ATTET:
BRENDA R. 'M HEELER, CITY CLERK
PURCHASERS:
By �- J//�12� � AcK_�rtr.
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this 31 day of January, 2013, 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.
9
C ERAL NOTARY - State of Nebraska BRENDA R WHEELER ,
My Comm. Up. June 20 2 NOTARY PUBLIC
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this 31 day of January, 2013, before me, the undersigned a Notary Public, duly
commissioned and qualified for in said county, personally came Dan McCaig, managing member for
McCaig Construction, Inc., to me known to be the identical person(s) whose name(s) is /are 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.
GENERAL NOTARY - State of Nebrask tAV
III BRENDA R WHEELER NO ARY PUBLIC
•° °•• My Comm. Exp. June 20, 2016
McCaig Construction
1070 James Drive
Blair, NE. •1lfi
City of Blair
1. McCaigConst. respectfully • • • of 1 1 1 1 for
the purchase of 5 lots in the Deerfield Subdivision in Blair.
2. The 5 lots are: Lot 69 Deerfield Replat 2, Lot - Deerfield
Replat 2, Lot 54 Deerfield Replat 2, Lot 55 Deerfield replat 2,
• Lot Deerfield.
deposit check in the amount 111 is submitted with
this • •:.
City of Blair Deerfield Lots
Subdivision and Lot Number
Rounded Cost Per Lot to Break Even
McCaig Offer
DEERFIELD ADDITION
LOT 76
DEERFIELD REPLAT 2
LOT 54
LOT 55
LOT 69
LOT 72
$15,000
$13,000
$13,000
$13,000
$13,000
Total Lots: 71 $67,000 $70,000