2088ORDINANCE NO. Z0 SS
AN ORDINANCE APPROVING THE SALE OF EXCESS RIGHT -OF -WAY ON 13
AVENUE; BEGINNING AT THE NORTHWEST CORNER OF TAX LOT 213 OF SECTION
13, TOWNSHIP 18 NORTH RANGE 11 EAST OF THE 6 P.M.; THENCE EASTERLY
ALONG THE NORTH LOT LINE OF SAID TAX LOT 213 TO A POINT 50 FEET WEST OF
THE SOUTHWEST LOT CORNER OF TAX LOT 224 OF SAID SECTION 13; THENCE
NORTHERLY 50 FEET ALONG A LINE 50 FEET WEST OF AND PARALLEL TO SAID
TAX LOT 224; THENCE WESTERLY ALONG A LINE 50 FEET SOUTH OF AND
PARALLEL TO THE SOUTH LOT LINE OF TAX LOT 223 OF SAID SECTION 13 TO A
POINT ON THE EAST LOT LINE OF TAX LOT 79 OF SAID SECTION 13, THIS POINT
ALSO BEING 50 FEET SOUTH OF THE SOUTHWEST LOT CORNER OF TAX LOT 223
OF SAID SECTION 13; THENCE SOUTHERLY ALONG THE WEST LOT LINE OF SAID
TAX LOT 79 TO THE NORTHWEST LOT CORNER OF SAID TAX LOT 213 AND THE
POINT OF BEGINNING; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN
FULL FORCE AND EFFECT.
SECTION 1. That the Mayor is hereby authorized to execute and deliver a
Agreement(s) For Sale of Real Estate, a copy of which is attached hereto, marked Exhibit "A"
and incorporated by this reference herein which sets forth the terms and provisions of the sale of
the real estate from the City of Blair, Nebraska.
SECTION 2. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3. 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 7th day of September, 2006.
CITY OF BLAIR, NEBRASKA
( 1/2J--\
JME'. E. REALPH, MAYOR
ATTEST:
/ ./7
BRENDA �f
BRENDA R. WHEELER, City Clerk
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified, acting
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 the City of Blair,
Nebraska, held on the 7th day of September, 2006.
BRENDA R. WHEELER
wit:
AGREEMENT FOR SALE OF REAL ESTATE
THIS AGREEMENT made this 15th day of September, 2006, by and between the City of
Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and Lester E. and
Sharon K. Johnsen, husband and wife, 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:
Beginning at the northwest comer of Tax Lot 213 of Section 13, Township 18 North Range 11 East
of the 6 P.M.; thence easterly along the north lot line of said Tax Lot 213 to a point 50 feet west of
the southwest lot comer of Tax Lot 224 of said Section 13; thence northerly 50 feet along a line 50
feet west of and parallel to said Tax Lot 224; thence westerly along a line 50 feet south of and
parallel to the south lot line of Tax Lot 223 of said Section 13 to a point on the east lot line of Tax
Lot 79 of said Section 13, this point also being 50 feet south of the southwest lot corner of Tax Lot
223 of said Section 13; thence southerly along the west lot line of said Tax Lot 79 to the northwest
lot comer of said Tax Lot 213 and the point of beginning.
The said Buyer agrees to purchase said property on the following teens and conditions, to-
The purchase price therefore is agreed to be the sum of $4,000.00, 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 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.
ATTEST:
A'd /6
BRENDA R. WHEELER, CITY CLERK
CITY OF BLAIR, NEBRASKA
yS E. REALPH, MAYOR
PURCHASERS:
By
.sj
Y
LESTER E. JOHN
:f
9
SHARON K. JOHNkON
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this/ day of r- Z , L7 2 006, before me, the undersigned a Notary Public,
duly commissioned and qualified tpr in said county, personally came James E. Realph, Mayor of the
City of Blair, Nebraska, Seller, tof 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.
KATHERINE D.
My Comm. June 1
m 205
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this /day of 47a , 2006, before me, the undersigned a Notary
Public, duly commissioned and ' alified for in said county, personally came Lester and Sharon
Johnson, Buyers, to me known t(6 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
GENERAL NOTARY - State of Nebraska
CHARLES E. GJERDE
My Comm. Exp. Feb. 2, 2008