2278ORDINANCE NO. 2278
COUNCIL MEMBER SHEPARD INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF REAL ESTATE KNOWN AS
SOUTH STREET WEST OF THE RIGHT OF WAY OF 25 STREET, TO THE CITY
OF BLAIR, WASHINGTON COUNTY, NEBRASKA, AS SURVEYED, PLATTED
AND RECORDED IN WASHINGTON COUNTY, NEBRASKA; SOLD
COLLECTIVELY FOR THE SUM OF FIVE THOUSAND DOLLARS ($5000.00);
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, DENNIS P. AND CAROL L. PENRY, 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TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN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, and
Dennis P. and Carol L. Penry, whereby the City agrees to sell the real estate described
hereinabove for the sum of five thousand dollars ($5000.00) 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hereby repealed.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 28 day of April, 2015.
CITY OF BLAIR, NEBRASKA
S 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 28 day of April, 2015.
�/j
BRENDA R. WHEELER, CITY CLERK
AGREEMENT FOR SALE OF REAL ESTATE
THIS AGREEMENT made this day of 43 r , I , 2015 by and between
the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and
Dennis P. and Carol L. Penry, 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
South Street west of the right of way of 25 Street, to the City of Blair, Washington
County, Nebraska
to -wit:
The said Buyer agrees to purchase said property on the following terms and conditions,
The purchase price therefore is agreed to be the sum of five thousand dollars ($5000.00),
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 be responsible for payment of any real estate taxes assessed against the
premises for the 2014 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 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 the construction of any sidewalk or other assessments
which may be made and which are attributable to the real estate.
The Buyers agree to replat the N60' Lot 4, Peaceful Valley Addition, the vacated right of
way of South Street west of the right of way of 25 Street, and Lots 2 - 3, Peaceful Valley
Addition, in order to meet all existing setback requirements for the structures which exist as of
the date of this agreement. The application for such replatting must be submitted no later than
September 22, 2015. The Seller shall not have any obligation or liability to pay for any of the
cost of surveying and replatting these lots.
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 �
ES E. REALPH, MAY 6R
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
:ss:
WASHINGTON COUNTY )
On this day of (t , 2015 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.
2
WITNESS my hand and Notarial Seal the day and year last above written.
!`MvR omm Exp. Jun OTARY PUBLIC
PURCHASER:
BY
Ill
Dennis P. Penry
BY
Carol L. Penry
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this day of cA)® , 2015 before me, the undersigned a Notary Public, duly
commissioned and qualified fd in said county, personally came Dennis P. and Carol L. Penry,
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.
AL NOTARY - State
1 NER
BREND A R W =R�
My Comm. Exp. Jun
NOTARY PUBLIC
3
March 13, 2015
To the City of Blair,
Dennis P. and Carol L. Penry would like you to consider our offer to acquire the adjacent property on the
north side of our residence at 501 S. 25 St. Blair. As you are aware we have shown interest in this
property for a while. Our property line is currently too close to our home and needs to be adjusted to
meet regulations.
We would like to acquire the entire city property on the north side of our property, please consider our
offer of $5,000. As of this morning we have discussed this with our neighbor to the north, Luann
Lierman, who is in agreement with this plan.
Your prompt response would be greatly appreciated. If you have any questions or concerns please
contact Dennis Penry at 402 -278 -1856. - --