2280ORDINANCE NO. 2280
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF REAL ESTATE KNOWN AS LOT 86,
DEERFIELD ADDITION, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA;
PROVIDING FOR NOTICE OF SUCH SALE TO BE PUBLISHED FOR THREE
CONSECUTIVE WEEKS IMMEDIATELY AFTER THE PASSAGE OF THIS ORDINANCE;
AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT WITH THE
BUYER, BLAIR PUBLIC LIBRARY FOUNDATION, A NON - PROFIT CORPORATION,
BLAIR, NEBRASKA 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HEREWITH TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE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 Blair Public Library
Foundation, whereby the City agrees to sell the real estate described pursuant to the terms and
provisions of the Purchase Agreement 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repealed.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 12th day of May, 2015.
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
CITY OF BLAIR, NEBRASKA
B
J E. REALPH, MAYOR
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 12th day
of May, 2015.
e �4j"
BRENDA R. WHEELER, CITY CLERK
AGREEMENT FOR SALE OF REAL ESTATE
THIS AGREEMENT made this / Z day of 'A CL , 2015 by and
between the City of Blair, Nebraska, a Municipal Corporation, gereipafter referred to as
"Seller ", and Blair Public Library Foundation, a Non - profit Corporation, hereinafter
referred to as "Buyer ".
WITNESSETH:
Seller agrees to sell and convey to the Buyer by Warranty Deed, free and clear of
all encumbrances, except easements and restrictions of record, the following described
real estate, to -wit:
LEGAL DESCRIPTION
Lot 86, Deerfield Addition, City of Blair, Washington County, Nebraska
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 two hundred and fifty
thousand dollars ($250,000.00), 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 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
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 the City of 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 A
JA 6 E. REALPH, MAYOR
ATTEST:
�WYI�I
BRENDA R. WHEELER, CITY CLERK
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this 12 day of Z G 1 , 2015 before me, the undersigned a Notary
Public, duly commissioned and qualif ed 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.
NOTARY PUBLIC
2.