2006-22COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, a Purchase Agreement between the Patricia Joiner as Seller, and the City of
Blair, as Buyer, has been prepared and presented to the City Council providing for the terms and
provisions of the purchase by the City of Blair for Lot 30 less 188.50 sq. ft. of right of way, Blair
City (1302 Lincoln Street), Washington County, Nebraska, a copy of which Purchase Agreement
is attached hereto, marked Exhibit "A" and by this reference made a part hereof, and
WHEREAS, the terms and conditions of the Purchase Agreement is acceptable to the
municipality.
NOW, THEREFORE, BE IT RESOLVED that the Purchase Agreement referred to
hereinabove is hereby adopted and accepted by the City of Blair and the Mayor is hereby
authorized and directed to execute same on behalf of the municipality.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL,
FANOELE, MCMANIGAL, ABBOTT AND WOLFF VOTING "AYE ", AND COUNCIL
MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND ADOPTED THIS 23RD DAY OF MAY, 2006.
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
RESOLUTION NO. 2006 - 22
CITY OF BLAIR, NEBRASKA
BY
E. REALPH, MAYOR`,.
) :ss:
WASHINGTON COUNTY )
STATE OF NEBRASKA
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 Resolution
was passed and adopted at a regular meeting of the Mayor and City Council of said city held on
the 23rd day of May, 2006.
BRENDA R. WHEELER, CITY CLERK
This Purchase Agreement made and entered into by and between Patricia Joiner,
hereinafter referred to as "Seller ", and the City of Blair, Nebraska, hereinafter referred to as
"Buyer ".
PURCHASE AGREEMENT— Real Estate
May, 2006
Now, therefore, in consideration of the mutual covenants contained herein and for other
good and valuable consideration, the parties hereby agree as follows:
1. Sale. The Seller hereby agrees to sell, and the Buyer hereby agrees to purchase, at the
price and on the terms hereinafter set forth, the following described property, including but
limited to all fixtures, improvements, structures, buildings, etc., located thereon and legally
described as follows:
(a) Legal Description of Real Estate.
Lot 30 less 188.50 sq. ft. of right of way, Block 49, Blair City, Washington County
Nebraska (1302 Lincoln Street)
2. Purchase Price and Terms of Payment. The purchase price for the aforesaid real and
personal property being purchased by the Buyer is in the sum of an amount equal to the sum of
Eighteen Thousand Dollars ($18,000.00) cash.
3. CIosinu Date. The closing date for the transaction shall be on or before
2006. Closing shall occur at the office of Johnson and Mock, 1904 South Street, #101, Blair,
Nebraska or some other agreed upon location.
4. Title Insurance. Title insurance shall be used in the conveyance in lieu of an abstract
of title. Seller shall provide Buyer with a commitment for title insurance, showing good and
marketable title in Seller, and the policy of title insurance shall be issued by said title insurance
company on its standard form, with such printed exceptions as appear on the form and any
further exceptions and encumbrances as are acceptable to Buyer. Written notice of any such
defects, including any easements, restrictions or other matters affecting title to the property
contained in the updated commitment that is unacceptable to Buyer or its counsel shall be
delivered to Sellers within Fourteen (14) days of receipt of the commitment of title insurance.
Seller has no obligation to cure any defects. If Seller is unable or unwilling to cure such defects
to the reasonable satisfaction of Buyer within a reasonable time thereafter, and if said defects are
not so cured within a reasonable amount of time, then either party may terminate this Agreement.
Seller and Buyer agree to equally divide the total cost of the title insurance premium.
5. Warranty Deed. Upon payment by the Buyer to Seller of the purchase price of the real
estate purchased, Seller shall cause to be conveyed to Buyer marketable fee simple title in and to
said real estate described hereinabove, by proper Warranty Deed, subject to the following:
(a) General Real Estate Taxes. Real estate taxes due and payable
as provided in Paragraph 6 of this Purchase Agreement.
6. General Real Estate Taxes. Real estate taxes for 2006 and all prior years shall be
paid by Seller. Real estate taxes for 2006 shall be prorated to the date of possession. (Basis for
the proration shall be the most recent real estate tax statement.) The Buyers shall pay all general
real estate taxes from the closing date, and all subsequent taxes. The Seller shall pay all real
estate taxes, if any, owing for prior calendar years.
7. Possession. Seller shall have exclusive possession of the property until date of
closing. Any risk of loss to the property shall be borne by Seller until title has been conveyed to
Buyer. In the event prior to closing the structures on said real estate are materially damaged by
fire, explosion or any other cause, Buyer shall have the right to rescind this Agreement.
Buyer shall assume all risk of loss from and after date of closing.
1
8. Snecific Performance, It is understood and agreed that both parties retain their right to
bring action for a specific performance of the terms of this Agreement in the event the other
party is in default in carrying out their obligations under this Agreement.
9. Time is of the Essence. Time shall be of the essence in this Agreement for all times
(dates) specified hereinabove both before and after the closing date.
10. Conveyance of Title. It is understood and agreed that this Agreement shall in no
manner be construed to convey title to said property or to give any right to take possession
thereof.
ATTEST:
11. Other Terms of Agreement.
(c) That all items removed from the property which remain within the zoning
jurisdiction of the City of Blair, will be properly stored within a garage or other
storage unit until utilized elsewhere.
(e)
(f)
(g)
Brenda Wheeler, City Clerk
(a) That the Buyer, City of Blair, hereby agree to allow the Seller and/or its
agent to come on to the subject property to remove items of interest from the
property up to three weeks following the approval of the purchase agreement by
the City Council.
(b) That the Seller and/or its agents shall assume all risk of injuries associated
with the removal of such items which might occur in the ordinary course of
removing such items as indicated above.
(d) That the Seller and/or its agents shall assume all expenses incurred with
the removal of such items.
Seller shall pay all documentary stamps as a result of the sale, if any
Buyer agrees to pay for the cost of the Purchase Agreement and the cost
of escrow closing shall be equally split between the parties.
This Agreement contains the entire understanding among the parties and
supersedes any prior understanding among the parties and agreements
between them respecting the within subject matter. There are no
representatives, agreements, arrangements or understandings oral or
written between or among the parties hereto relating to the subject matter
of this agreement which are not fully expressed herein.
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PATRICIA JOINER
B J ct l� A o r At_ i
Patricia Joiner
James Ralph, Mayor
CITY OF BLAIR, NEBRASKA, Buyer
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me on the 7 - 3 day of
U
STATE OF NEBRASKA
, 2006, by Patricia Joiner.
) :ss:
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me on the 23 day of
, 2006, by James Realph, Mayor.
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Notary Public
Notary Public