2013-01-10 WolfeORDINANCE NO. 2237
COUNCIL MEMBER SHEPARD INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF LOTS 129 AND 131, DEERFIELD
FIRST ADDITION, AN ADDITION TO THE CITY OF BLAIR, AS SURVEYED,
PLATTED AND RECORDED IN WASHINGTON COUNTY, NEBRASKA; LOT l OR,
DEERFIELD REPLAT 1, AN ADDITION TO THE CITY OF BLAIR, AS
SURVEYED, PLATTED AND RECORDED IN WASHINGTON COUNTY,
NEBRASKA.; LOTS 6, 15, 43 AND 44, DEERFIELD REPLAT 2, AN ADDITION TO
THE CITY OF BLAIR, AS SURVEYED, PLATTED AND RECORDED IN
WASHINGTON COUNTY, NEBRASKA, EACH SEPERATELY FOR THE SUM OF
SIXTEEN THOUSAND DOLLARS ($16,000.00); 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 EACH OF
THE BUYERS, DUSTIN WOLFE, CHAD SCEBOLD, PJR LLC, RICHARD
WARDELL AND DIAMOND HOMES, LLC, 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REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL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, Dustin
Wolfe, Chad Scebold, PJR, LLC, Richard Wardell and Diamond Homes, LLC, whereby
the City agrees to sell the real estate described hereinabove for the sum of sixteen
thousand dollars ($16,000.00) 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 22nd day of January, 2013.
CITY OF BLAIR, NEBRASKA
. REALPH, MAYOR
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
COUNTY OF WAS,HR�TGTON )
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 22nd day of January, 2013.
n
BRENDA R. WHEELER, CITY CLERK
Duplicate Affidavits of this Publication have been filed in the office of
County Clerk ❑ Clerk of Dist.Court ❑ County Clerk ❑ Sec. State ❑
04 IN SDI
STATE OF NEBRASKA
WASHINGTON COUNTY
Chris Rhoades, Being by me first duly sworn, deposes and says that he is the Associate Publisher of THE
PILOT - TRIBUNE, a legal weekly newspaper printed and published at Blair, in Washington County, Nebraska
and of general circulation in said County and State: that said newspaper has a bona fide circulation of more than
300 copies weekly, in said County: and has been published in said County for more than 52 successive weeks
prior to the first publication of the attached notice, that the attached notice was published in said newspaper for
2consecutive week(s) being the issues of.
Legal Notice
January 29 2013
NOTICE OF PROPOSED SALE
February 5 2013 The Mayor and City Counci of the City
of Blair, Nebraska, at their r ular meet -.
ing held on January 22, 201 passed and
approved OrdinanceNo. 22 7.providing
for the sale of the �followi. g described
real estate;
Lots 129 and 131, Deerfield ;First Ad
dition, an addition to the City of Blair,
as surveyed, platted, and recorded in
�® Washington County, Nebraska,
. _., T,oe.•nat tRP.nlatl.anadditionto
Associate Publisher Signature the � cit g he City of Blair, as surveyed, platted, and
recorded in Washington County,Nebragka,
Subscribed in my presence, and sworn to before me Lots6,15 43and44DeerfieldRP
e lat2,ari
,..
addition to the City of Blair, as surveyed,
This 5 day of February, 2013 platted, and recorded in Washington
County, Nebraska,
_ p A C
The above - described real estate is being
GENERAL NOTARY -State of Nebraska Notary Public sold to Dustin Wolfe, Chad Scebold,
TRACY A. PRETTYMAN PJR LLCRichard Wardell and Diamond
My Comm. Exp. Sept. 10, 2013 Homes, HC pursuant to the terms and
conditions of Ordinance No. 2237 and
each lot will be sold for the purchase price
Printers Fee For Publishing This Notice $ 33.15 of sixteen thousand dollars ($16,000.00). !
Preparation of Affidavit and Billing $ The sales will be consummated unless,
within thirty (30) days of the passage and
Notary Fees $ publication of such Ordinance No. 2237,
Copy $ remonstrance is filed with the Blair
City Clerk against such sales, signed by
25% discount for minutes $ registered voters equal in number to thirty
(30 %a) of the registered voters of
TOTAL $ 33.15 percent
the City voting at the last regular election.
BRENDAR. WHEELER, CITY CLERK
ZNEZ
Publishedin thepilot•TribuneTuesday,
January 29 and February 5, 20.13.
Duplicate Affidavits of this Publication have been filed in the office of
County Clerk ❑ Clerk of Dist. Court❑ County Clerk ❑ Sec. State ❑
STATE OF NEBRASKA
WASHINGTON COUNTY
Chris Rhoades Being by me first duly sworn, deposes and says that he is the Associate Publisher of THE
ENTERPRISE, a legal weekly newspaper printed and published at Blair, in Washington County, Nebraska and
of general circulation in said County and State: that said newspaper has a bona fide circulation of more than 300
copies weekly, in said County: and has been published in said County for more than 52 successive weeks prior
to the first publication of the attached notice, that the attached notice was published in said newspaper for 1
consecutive week(s) being the issues of.
February 1, 2013
Associate Publis er Signature
Subscribed in my presence, and sworn to before me
This 1" day of February, 2013.
',
GENERAL NOTARY - State of Nebraska U
Q R.
Notary Public
�� TRACY A. PRETTYMAN
1 My Comm. Exp. Sept 10, 2013
Printers Fee For Publishing This Notice
$ 17.67
Preparation of Affidavit and Billing
$
Notary Fees
$
Copy
$
25% discount for minutes $
TOTAL $ 17.67
AGREEMENT FOR SALE OF REAL ESTATE
THIS AGREEMENT made this 10 day of January, 2013, by and between the City of Blair,
Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and Dustin Wolfe, 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, t6 -wit:
Lot 129, Deerfield First Addition, City of Blair, Blair, 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 Sixteen Thousand, ($16,000.00),
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), 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
BYS �— fi
J ME E REALPH, �
OR
ATTEST:
BRENDA R. WHEELER, CITY CLERK
PU"r'uACnrzc
C
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
C
On this 10 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, tome 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.
°a a1
NOTARY PUBLIC
X G E NERAL NOTARY State of Nebraska
KATHERINE D LOUDNER
My Comm. Exp. June 17, 2016
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this 10 day of January, 2013, before me, the undersigned a Notary Public, duly
commissioned and qualified for in said county, personally came Dustin Wolfe, 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.
Li�u J1 ( , L&J
NOTARY PUBLIC
W ERAL NOTARY - State of Nebraska
KATHERINE D LOUDNER
My Comm. Exp. June 17, 2016
City o f B l a i r , N ebras k a
Silent 1 F Deerfield
January 10, 2013
Auction Open from 10:00 a.m. to 1:00 P.M.
Legal Description:
Lot 129, Deerfield First Addition, City of Blair, Nebraska
Minimum bid step increase: $100.00
By entering a bid below, you acknowledge that you have read and understand the Sale Terms and
Conditions, including the requirement to pay a $1,000 down payment and sign a Purchase
Agreement by 4:30 p.m. today. Failure to meet this requirement will automatically void your bid
and allow the City of Blair to sell the above mentioned lot to the next highest bidder.
91
9.
10.
11.
12.
B fo F d
�eller Acknowledgement of Prope 1 .; 1
Deerfield Lot Legal Description:
L 129
High Bid Amount: $
Down Payment Amount: $ 1,000.00
Method of Payment of Down Payment Amount: (Mark all that apply)
® Cash
A /
Personal Check (Check Number )
O Cashier's Check/Money Order (Check Number
Buyer(s) Information:
Name(s): �IAA W I t2.
Name for Deed, if different than above:
Street Address: j q 2
City: O, ; r
State: O E -
Zip Code:
Home Phone Number:
Cell Phone Number:
Seller:
Buyer:
Date: I !o
Date: f fQ
Deerfield Subdivision Lots for Sale and Sold
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