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2013-03-21 WardellORDINANCE 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 1OR, 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OF THE RIGHT OF REMONSTRANCE; PROVIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FOLLOWING PASSAGE AND PUBLICATION AS REQUIRED BY LAW AND ORDERING THE ORDINANCE PUBLISHED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. 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 22nd day of January, 2013. BRENDA R. WHEELER, CITY CLERK el—� Real Estate r S tatement FORM Nebraska Department of -To be filed with the Register of Deeds. REVENUE • Read instructions on reverse side. - rut= nm=nwn i NnT RF RFrORDED UNLESSTHIS STATEMENT IS SIGNED AND ITEMS 1 -25 ARE ACCURATELY COMPLET 1 County Name 2 County Number I FOR DEPT. USE ONLY 3 Date of Sale 4 Date of Deed 03 19 2013 1 q Mo. 01 Day 2013 Mo. Day Yr, 5 Grantor's Name, Address, and Telephone (Please Print) 6 Grantee's Name, Address, and Telephone (Please Print) Grantor's Name (Seller) Grantee's Name (Buyer) City of Blair, Nebraska Richard M. Wardell Wor Linda J Wardell JTWROS Street or Other Mailing Address Street or Other Mailing Address 218 S. 16th St 420 S 32nd St City State Zip Code City State Zip Code Blair NE 68008 Blair NE 68008 Telephone Number Telephone Number (402) 426 -4191 (402) 426 -5010 7 PROPERTY CLASSIFICATION NUMBER. Check one box in categories A and B. Check C if property is also a mobile home. (A) Status (B) Property Type (C) (1) ❑Improved (1)© Single Family (4)❑ Industrial (7) ❑ Mineral Interests- Nonproducing (9) ❑State Assessed (1) [:J Mobile Home (2)Z Unimproved (2) ❑ Multi - Family (5) ❑ Agricultural (8) ❑ Mineral Interests - Producing 10) F] Exempt (3)[:] IOLL (3) ❑ Commercial (6) ❑ Recreational 8 Type of Deed ❑ Corrective ❑ Land Contract ❑ Personal Rep. ❑ Bill of Sale 9 IRC § 1031 Exchange? ❑Yes ✓❑ No ❑ Warranty ❑ Sheriff ❑ Executor ❑ Mineral ❑ Cemetery (Was the transfer an IRS like -kind exchange ?) Q Quit Claim ❑ Conservator ❑ Partition ❑ Trust ❑ Other iu iypeoriransrer Uaaie Uam L_J1 11 ­ [ _ J ­­­­ ,,—, u ,._, _._ ❑Auction ❑ Exchange ❑ Life Estate ❑ Irrevocable Trust ❑ Partition ❑ Other (Explain.) 11 Was ownership transferred in full? (If No, explain the division.) 12 Was real estate purchased for same use? (If No, state the intended use.) © YES ❑ NO ❑✓ YES ❑ NO 13 Was the transfer between relatives, or if to a trustee, are the trustor and beneficiary relatives? (if Yes, check the appropriate box.) ❑ YES ❑✓ NO ❑ Spouse ❑ Parents and Child ❑ Family Corporation, Partnership or LLC ❑ Grandparents and Grandchild ❑ Brothers and Sisters ❑ Au or Uncle to Niece or Nephew ❑ Other 14 What is the current market value of the real property? 15 Was the mortgage assumed? (If Yes, state the amount and interest rate.) ❑YES ❑✓ NO $ 16 Does this conveyance divide a current parcel of land? 17 Was transfer through a real estate agent? (If Yes, include the name of the agent.) ❑YES QNO ❑YES I3 NO 18 Address of Property 19 Name and Address of Person to Whom Tax Statement Should be Sent 20 Legal Description A parcel of land know as Lot 1 OR, Deerfield Replat 1 Addition, City of Blair, Washington County, Nebraska 21 If agricultural, list total number of acres 22 Total purchase price, including any liabilities assumed .............................................. 23 Was nonreal property included in the purchase? ❑ YES © NO (If Yes, enter amount and attach itemized list.) . . 24 Adjusted purchase price paid for real estate (line 22 minus line 23) ........................................ 0 25 If this transfer is exempt from the documentary stamp tax list the exemption number Under penalties of law, I declare that I have examined this statement and that it is, to the best of my knowledge and belief, true, complete, and correct, and that I am duly authorized to sign this statement. ® Print orType, ame f Grantee or A Si n hprp Signature of Grantee or Authorized ieiepnone rvumuer Title Uate REGISTER OF DEEDS' USE ONLY I FOR DEPT. USE ONLY 26 Date Deed Recorded Mo. Day Yr. 27 Value of Stamp or Exempt Number 28 Deed Book 29 Deed Page 30 Nebraska Department of Revenue �,� o , Form No. 96- 269 -2008 Rev. 8.2011 Supersedes 96- 269 -2008 GRANTEE — Please retain a copy of this document for your records. Duplicate Affidavits of this Publication have been filed in the office of County Clerk ❑ Clerk of Dist. Court❑ County Clerk ❑ Sec. State ❑ 1 9 1 1 ` ' 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 e Subscribed in my presence, and sworn to before me This 1" day of February, 2013. GENERAL NOTARY 7 of Nebraska TRACY A Notary Public My Comm. t, 10, 2 013 -- Printers Fee For Publishing This Notice $ 17.67 Preparation of Affidavit and Billing $ Notary Fees $ Copy $ 25% discount for minutes $ TOTAL $ 17.67 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 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 A the City of Blair, Nebraska, at their r ular meet - ina held on January 22, 2011 passed and Associate Publisher Signature Subscribed in my presence, and sworn to before me 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, Lot lOR,DeerfieldReplat l,anadditionto the City of Blair, as surveyed, platted, and recorded in Washington County ,Nebraska, . e ..,.,.,.BotAUvntat7 `an This 5 day of February, 2013. platted, and recorded in Washington County, Nebraska,'' ' Lx"' `"` � — The above- described real estate is being L NERAL NOTARY - State of Nebraska Notary Public sold to Dustin Wolfe, Chad Scebold, TRACY A. PRETTYMAN PJR LLC, Richard Wardell and Diamond My Comm. Exp LL . Sept. 10, 2013 Homes, C 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 $ pu blication of such Ordinance No. 2237, Copy $ remonstrance is filed with the Blair City Clerk against such sale, signed by 25% discount for minutes $ registered voters equal innumbertothirty percent (30 %) of the registered voters of TOTAL $ 33.15 the City voting at the last regular election: BRENDAR. WHEELER, CITY CLERK ZNEZ Published in the Pi1ot- Tribune Tuesday; January 29 and February 5, 2013. 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 Richard M. Wardell, 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 l OR, Deerfield Replat 1 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 B S E. REALPH, MAYOR ATTEST: � BRENDA R. WHEELER, CITY CLERK PURCHASERS: STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) -� B 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, 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. J NOTARY • State of Nebraska BRENDA R WHEELER My Comm. Exp. June 20, 2016 STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) NOTARY PUBLIC On this 10 day of January, 2013, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came Richard M. Wardell, 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. tuA NOTARY PUBLIC GENERAL NOTARY - state of Nebraska K ATHERINEd D LOUDNER My Comm, Exp. June 17, 2016 City o f B l a ir, .._...... . 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. 5. 6. 7 s 9. N W 12. I _ Buyer's Receipt for.Funds and Seller Acknowledgement of Sale Property Information Deerfield Lot Legal Description: High Bid Amount: $ Down Payment Amount: $ 1,000.00 t Method of Payment of Down Payment Amount: (Mark all that apply) d Cash GM ersonal Check (Check Number ) � ® Cashier's Check/Money Order (Check Number ) 4 Bu er(s) Information: l Buyer(s) �.�. Name(s): Name for Deed A r U" -- Pq — 'fferent than above: W"C `rte won, Street Address: yZ® 3 z City: State: Zip Code: 6920 Home Phone Number: 5 - 0 Cell Phone Number: Seller: Date: l0 / Date: Buyer: �� /G Deerfield Subdivision Lots for Sale and Sold 1 31 '.4 --FiddrrPst T)r I N. N 70\ 7 Hickory i 2 1 4 It �7 71 'ap P 46 SP 71 1OR 7' 7 3 4 J 74' 48 51 5 or IV N , Lot has been sol 37 Subdivision Key: Deerfield Deerfield Replat 1 Deerfield First Addition Deerfield Replat Z. a � N N o ° o O ° �a 00� I H U H C'7 I I C/] P4 U n M O N U O ° ° 0 03 0 U tp bo w o o m .. 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