2292ORDINANCE NO. 2292
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF LOT 26 IN SOUTHERN RIDGE
ADDITION, AN ADDITION TO THE CITY OF BLAIR, AS SURVEYED, PLATTED
AND RECORDED IN WASHINGTON COUNTY, NEBRASKA; SOLD
COLLECTIVELY FOR THE SUM OF TWENTY -FOUR THOUSAND DOLLARS
($24,000.00); 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 THE BUYER, 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REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL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 Lyle
and Lois Christensen, whereby the City agrees to sell the real estate described
hereinabove for the sum of twenty -four thousand dollars ($24,000.00) and pursuant to the
terms and provisions of the Purchase Agreements attached hereto and marked Exhibit
«
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hereby repealed.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 September, 2015.
CITY OF BLAIR, NEBRASKA
. . r- kq--,
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 September, 2015.
BRENDA R. WHEELER, CITY CLERK
AGREEMENT FOR SALE OF REAL ESTATE
THIS AGREEMENT made this a2 401- day of 20/ by and between the
City of Pair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and
LU1 I LoVs A CArS-1-w , hereinafter referred to as "Buyer ".
WITNESSETH:
Seller agrees to sell and convey to the Buyer by Quitclaim Deed, free and clear of all
encumbrances except easements and restrictions of record, the following described real estate, to -wit:
Lot J_ (P , Southern Ridge Subdivision, City of Blair, Blair, Nebraska
said Buyer agrees to purchase said property on the following terms and conditions, to -wit:
The pu hase price therefore is agreed to be the sum of
I� A r,� ou SamA , ($ 2-�, Gp0. o ) , which shall be paid in cash at the
time o 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 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 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.
This Agreement executed the date first aforesaid shall be binding upon the assigns and
successors of all parties hereto.
CITY OF BLAIR, NEBRASKA
B :r_ f 1---
REALPH, MAYOR
ATTEST:
&,,,4 12 (,jkJ,
BRENDA R. WHEELER, CITY CLERK
PURCHASERS:
BY
Bye�I'� � •lid
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this 22. day of 5 - Cp� 6er , 20 [,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.
GENERAL NOTARY - State of Nebraska
III M R OMD Exp June 20 20 6
&/L� /�
NOTARY PUBLIC
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this � day of S'e e ^ bow , 20 /before me, the undersigned a Notary
Public, duly commissioned and qualified for in said county, personally came
Ly I� (2 , 4 Lois Al . 6 4 15 1 16' 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 ear last above written.
I'Wn L NO TARY - State of Nebraska ARY PUBLIC
My Comm. Exp. June 20, 2016