2252ORDINANCE NO. 2252
COUNCIL MEMBER KEPHART INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF PART OF LOTS 1 AND 2,
BLOCK 84, THIRD ADDITION TO THE CITY OF BLAIR, WASHINGTON
COUNTY, NEBRASKA., AS SURVEYED, PLATTED AND RECORDED IN
WASHINGTON COUNTY, NEBRASKA; SOLD COLLECTIVELY FOR THE SUM
OF TWENTY FOUR THOUSAND DOLLARS ($24,000.00); 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, CHARLES DYAS, AND TO MAKE ALL "NOTIFICATIONS
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PARTS OF ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND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
Charles Dyas, whereby the City agrees to sell the real estate described hereinabove for
the sum of twenty four thousand dollars ($24,000.00) and pursuant to the terms and
provisions of the Purchase Agreements 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hereby repealed.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 27th day of August, 2013.
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 27th day of August, 2013.
&'d 'A � &k,
BRENDA R. WHEELER, CITY CLERK
THIS AGREEMENT made this 2-7 day of U S� , 2013 by and between
the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ', and
Charles Dyas, 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:
LEGAL DESCRIPTION
Part of Lots 1 and 2, Block 84, Third 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 3 in Block 84, Third Addition to the
City of Blair; thence S 89° 57'42" E (assumed bearing) along the Northerly Line of said Block
84 a distance of 60.01 feet to the Northwest Corner of Lot 2 in said Block 84 and the Point of
Beginning; thence continuing S 89° 57'42" E along said northerly lot line distance of 54.69 feet
to an iron found on the Westerly Right -of -Way Line of Tenth Street in said City of Blair as said
westerly right -of -way line was surveyed, platted and recorded at the Washington County
Recorder's Office in Book 455, pages 683 -684; thence southerly along said surveyed, platted and
recorded right -of -way line as follows: along a 35.00 foot radius curve to the right an arc distance
of 14.64 feet, said curve having a chord bearing of S 64° 52'14" E and a chord distance of 14.53
feet; thence S 37° 45'58" E a distance of 18.26 feet to a point on a 35.00 foot radius curve to the
right; thence along said 35.00 foot radius curve an arc distance of 9.19 feet said curve having a
chord bearing of S 15° 07'41" E and chord distance of 9.16 feet; thence S 07° 41'35" E a
distance of 20.97 feet to an iron found; thence along a 122.00 foot radius curve to the left and arc
distance of 41.37 feet said curve having a chord bearding of S 17° 16'57" E and a chord distance
of 41.17 feet to an iron found; thence S 26° 52'43" E a distance of 11.83 feet to an iron found,
said point lying on the Southerly Line of Lot 1 in said Block 84; thence departing said westerly
Tenth Street right -of -way line; N 89° 55'22" W along the Southerly Line of said Lots 1 and 2 a
distance of 102.05 feet to an iron found at the Southwest Corner of said Lot 2; thence N 00°
08'21" E along the Westerly Line of said Lot 2 a distance of 100.00 feet to the Point of
Beginning and containing 0.19 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 twenty four thousand dollars
($24,000.00), 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 the publication 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 property
to be sold for any and all utilities that exist on said real estate at time of sale.
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 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 shall be subject to the purchase by Buyer of Lot 3, Block 84 prior to, or
simultaneously with, the purchase of the lots subject to this Agreement.
This Agreement executed the date first aforesaid shall be binding upon the assigns and
successors of all parties hereto.
1)
CITY OF BLAIR, NEBRASKA
BY
J E. REALPH, MAYOR
ATTEST:
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this Z 7 day of AI( us. , 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.
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this - day of , 2013 before me, the undersigned a Notary Public, duly
commissioned and qualified for in said county, personally came Charles Dyas, 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.
GENERAL NOTARY - State of Nebraska
BRENDA R WHEELER
..... M Comm. Exp. June 20, 2016
-09
-4�6 -1 —AaAAL1—
NOTARY PUBLIC
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