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2007-10-23 KuhrORDINANCE NO. 2125 AN ORDINANCE APPROVING THE SALE OF EXCESS CITY PROPERTY KNOWN AS A TRACT OF LAND LOCATED IN THE SE1 /4 OF THE NE1 /4 OF SECTION 11, TOWNSHIP 18N, RANGE 11E OF THE 6 TH P.M., CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 10, SECOND ADDITION TO THE CITY OF BLAIR; THENCE NORTH ON THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 1, 74.13 FT. TO THE SOUTHERLY RIGHT OF WAY LINE OF PARK STREET; THENCE WEST 71.57 FEET ON SAID RIGHT OF WAY LINE TO THE WESTERLY RIGHT OF WAY LINE OF THE ABANDONED C &NW RAILROAD; THENCE SOUTHEASTERLY, 103.02 FEET ON SAID RAILROAD RIGHT OF WAY LINE TO THE POINT OF BEGINNING, CONTAINING 0.06 ACRES MORE OR LESS; 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 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 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 23rd day of October, 2007. CITY OF BLAIR, NEBRASKA B J' JAkfhS ' REALPH, MAYOR ATTEST: 1 B NDA 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 23rd day of October, 2007. 2 A, F WAN���� ' _�_ _ . I8 _ AGREEMENT FOR SALE OF REAL ESTATE THIS AGREEMENT made this .3 day of , 2007, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and Mark and Julie Kuhr, husband and wife, 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: EXCESS CITY PROPERTY KNOWN AS A TRACT OF LAND LOCATED IN THE SETA OF THE NEIA OF SECTION 11, TOWNSHIP 18N, RANGE 11E OF THE 6 TH P.M., CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 10, SECOND ADDITION TO THE CITY OF BLAIR; THENCE NORTH ON THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 1, 74.13 FT. TO THE SOUTHERLY RIGHT OF WAY LINE OF PARK STREET; THENCE WEST 71.57 FEET ON SAID RIGHT OF WAY LINE TO THE WESTERLY RIGHT OF WAY LINE OF THE ABANDONED C &NW RAILROAD; THENCE SOUTHEASTERLY, 103.02 FEET ON SAID RAILROAD RIGHT OF WAY LINE TO THE POINT OF BEGINNING, CONTAINING 0.06 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 $250.00, 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. CITY OF BLAIR, NEBRASKA B _ M S E. REALPH, MAYOR ATTEST: F . BRENDA R. WHEELER, CITY CLERK PURCHASERS: By_ Mark Kuhr By ulie Kuhr STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this V day of 0 C he k' , 2007, 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. KATHERINE D. LOUDNE M. My Comm. Exp. June 17, 2 id ua 6, Ln NOTARY PUBLIC STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) 0') On this , day of 2007, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came Mark and Julie Kuhr, Buyers, 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. n "' �, NOTARY - Sta9s NOTARY PUBLIC , ttATNERINE D. LOUD R 1 r1 l ' November November (' November 16,2007 W e ] , M , 3 The Mayor and City Council of the City of Blair, Nebraska, at their regular meeting held on October 23, 2007, passed and approved Ordinance No. 2125 providing for the sale of the following described real estate: Tract of land located in the SE 1/4 of the NE 1/4 of Section 11, Township 18N, Range 11E of the 6 th p.m., City of Blair, Washington County, Nebraska being more particularly described as follows: beginning at the northeast corner of Lot 1, Block 10, Second Addition to the City of Blair; thence north on the northerly extension of the east line of said Lot 1, 74.13 ft. to the southerly right of way line of Park street; thence west 71.57 feet on said right of way line to the westerly right of way line of the abandoned C &NW railroad; thence southeasterly, 103.02 feet on said railroad right of way line to the point of beginning, containing 0.06 acres more or less The above - described real estate is being sold to Mark and Julie Kuhr, husband and wife, pursuant to the terms and conditions of the real estate agreement between Mark and Julie Kuhr, husband and wife and the City of Blair, Nebraska.. The purchase price for the above - described real estate is Two Hundred Fifty Dollars (250.00). The sale will be consummated unless, within thirty (30) days of the passage and publication of such Ordinance No. 2125, a remonstrance is filed with the Blair City Clerk against such sale, signed by registered voters equal in number to thirty percent (30 %) of the registered voters of the City voting at the last regular election. 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 ❑ STATE OF NEBRASKA WASHINGTON COUNTY 1VIark 12hoades Being by me first duly sworn, deposes and says that he is the 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 3 consecutive week(s) being the issues of. -- November 2, 2007 November 9 2007 November 16, 2007 „® Signature Subscribed in my presence, and sworn to before me This 16' day of November, 2007. GtNERisI NOl�RY State of Nebras a otary Public Ma Icderealestareaheeermsandc ndia' PLGGY L, HIPNM and Julie 1{ g ement My Comm. Exp. Nov. 20, 2010 Uur� city of u�r' husband �!nlw�en Printers Fee For Publishing This Notice $ 59.42 unless, W a sale wjjj ��ifty ,tioj Preparation of Affidavit and Billing $ X6 .212 5 9L an Fubli ati n o0 day of ru ated Notary Fees $ Blair c ' a l s () rd . Pas Copy $ by registered a gainstsuchs l lkiththe 25% discount for minutes $ ers of t he c a (30%)ofhe en um o TOTAL $ 59.4 electio y votin at the I st eg filar �NDA R. 1YFr _ <UU7, ••- 11 • Storm City of Blair, NE :11 Dear Mr. Storm, I am inquiring about the city owned property located at the corner of 16" Street and Park Street. I am interested in building an addition on to Since the property is too small for city use, I am submitting a bid of $250.00 in order to build the addition on to my home. Mark 0. Kuhr Street 441 North 16' Blair, NE 68008 ORDINANCE NO. 2125 AN ORDINANCE APPROVING THE SALE OF EXCESS CITY PROPERTY KNOWN AS A TRACT OF LAND LOCATED IN THE SE1/4 OF THE NEl/4 OF SECTION 11, TOWNSHIP 18N, RANGE 11E OF THE 6TH P.M., CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 10, SECOND ADDITION TO THE CITY OF BLAIR; THENCE NORTH ON THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 1, 74.13 FT. TO THE SOUTHERLY RIGHT OF WAY LINE OF PARK STREET; THENCE WEST 71.57 FEET ON SAID RIGHT OF WAY LINE TO THE WESTERLY RIGHT OF WAY LINE OF THE ABANDONED C&NW RAILROAD; THENCE SOUTHEASTERLY, 103.02 FEET ON SAID RAILROAD RIGHT OF WAY LINE TO THE POINT OF BEGINNING, CONTAINING 0.0E ACRES MORE OR LESS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES 1N 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 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 23rd day of October, 2007. CITY OF BLAIR, NEBRASKA Ey J E. REALPH, MAYOR ATTEST: 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 23rd day of October, 2007. BRENDA R. WHEELER AGREEMENT FOR SALE OF REAL ESTATE THIS AGREEMENT made this ~ day of ~~ '~' , 2007, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller", and Mark and Julie Kuhr, husband and wife, 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: EXCESS CITY PROPERTY KNOWN AS A TRACT OF LAND LOCATED IN THE SE1/4 OF THE NE1/4 OF SECTION 11, TOWNSHIP 18N, RANGE 11E OF THE bTH P.M., CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 10, SECOND ADDITION TO THE CITY OF BLAIR; THENCE NORTH ON THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 1, 74.13 FT. TO THE SOUTHERLY RIGHT OF WAY LINE OF PARK STREET; THENCE WEST 71.57 FEET ON SAID RIGHT OF WAY LINE TO THE WESTERLY RIGHT OF WAY LINE OF THE ABANDONED C&NW RAILROAD; THENCE SOUTHEASTERLY, 103.02 FEET ON SAID RAILROAD RIGHT OF WAY LINE TO THE POINT OF BEGINNING, CONTAINING 0.06 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 $250.00, 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. CITY OF BLAIR, NEBRASKA B J E E. REALP ,MAYOR ATTEST: B NDA R. WHEELER, CITY CLERK PURCHASERS: By ~ Mark Kuhr By . J lie Kuhr STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) ~~, day of ~, ~~} 2007, before me the undersi ned a Nota Public On thi s ~ ~" ~ g rY 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. ~, GENERALNOTARY -State of Netuaska ~~` KATHERINE D. LOUDNER ........ ....... My Comm. Erb. June 17, 20D NOTARY PUBLIC STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) _~ ~ On this' day of ~~ ~ ~ , 2007, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came Mark and Julie Kuhr, Buyers, 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. S:\0604231\LDD-0604231 Topo\0604231su.dwg THIS SURVEY WAS DONE AT THE REQUEST OF THE C/TY O~ BL4/R. PARK STREET ~4" P.T.f g 0 0 0 ____,_.._.--239.98 M 240.00 P---- 71 5A ~M-~ ' ----`"! 168.41 M 3/4" P.TP. 3/4" P.T.P. ~ W ~° o ",? ~ ~ ~ ~ ~ ABANOONEO C NW R4/LR' AD r~ RIGHT OF WA ~J 4" P.T.P. ~ N .LEGEND MONUMENT SET O (5/8'X30" REBAR W/ i PLASTIC SURVEY CAP) ~ i FOUND MONUMENT II M MEASURED THIS SURVEY P PLATTED DISTANCE ~ R RECORDED DISTANCE X CALCULATED POINT 0 30' 60' 120' SCALE 7 " = 60' °~ LEGAL DESCR/PTION `~, ~ G ~ A TRACT OF LAND LOCATED IN THE SE1/4 OF THE NEl/4 OF SECTION 11, T1B Ri lE, OF THE 6TH P.M.,~WASHINGTON COUNTY, NEBRASKA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.• BEG/NNl GAT THE NORTHEAST CORNER OF LOT 1, BLOCK 10, SECOND ADDITION TO THE CITY OF BLAIR,• THENCE NORTH ON THE NORTHERLY EXTENSION OF THE EAST LINE OF SA/D LOT 1, 74.13 FT. TO THE SOUTHERLY RIGHT OF WAY LINE O PARK STREET,• THENCE WEST 71.57 FT. ON SAID RIGHT OF WAY LINE TO THE WESTERLY RIGHT OF WAY LINE OF THE BANDONEO C&NW RAILRDAD,• THENCE SOUTHEASTERLY, 103.02 FT. ON SAID RAILROAD RIGHT OF WAY LINE TO THE POl T OF BEGINNING, CONTAINING 0.06 ACRES MORE OR LESS. SURVEYOR'S STATEMENT I J, CHAD W. MARSH, A REGISTERED LAND SURI/EYOR IN THE STATE OF NEBRASKA, HEREBY STATE THAT THIS SURVEY WAS NAND lS TRUE AND CORRECT T DONE BY ME OR UNDER MY D/RE THE BEST OF MY KNOWLEDGE AND A S BELIEF. 6~ ~ n ~~1'~!CSTFi; ~'9 CHAD W. MARSH, L.S #560 LS-560 JUNE 8, 2006 °:~y'G ~p~: REVISED.• DECEMBER 4, 200 ~' ~ SUR~~'°~ tig0°W. MP~~ sNEer ~' BLOCK 10, JORGENSEN'S2NDADDITION "~°"° _ RAILROAD RIGHT OF WAY ACQUISITION wasNmcroNCauNrc I m I ...~ I o~3 I I _ NEBRASKA BWR NEBRASKA C3~M October 11, 2008 Mr. Rod Storm City Administrator City of Blair Blair, NE 68008 Dear Mr. Storm, I am inquiring about the city owned property located at the corner' of 16t" Street and Park Street. I am interested in building an addition on to my home located at 441 North 16th Street and this property isadjacent to the lot my home is located on. Since the property is too small for city use, I am submitting a bid of $250.00 in order to build the addition on to my home. sincerely, Mark O. Kuhr 441 North 16t" Street Blair, NE 68008 426-5'112