2301ORDINANCE NO. 2301
COUNCIL MEMBER ANDERSEN INTRODUCED THE FOLLOWING:
AN ORDINANCE APPROVING THE PURCHASE OF TAX LOT 600, SECTION 11,
TOWNSHIP 18, RANGE 11 IN THE CITY OF BLAIR, WASHINGTON COUNTY,
NEBRASKA, FROM CHARLES C. AND VICKY L. BARR, HUSBAND AND WIFE;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE
AND EFFECT; AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN
PAMPHLET FORM.
SECTION 1. Whereas, Charles C. and Vicky L. Barr, husband and wife, 8593
Tranquility Lp, Fort Calhoun, Nebraska, desires to voluntarily sell, transfer and convey
unto the City of Blair, Nebraska Tax Lot 600, Section 11, Township 18, Range 11 in the
City of Blair, Washington County, Nebraska.
SECTION 2. That the Mayor is hereby authorized to execute and deliver a
Purchase Agreement, 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
purchase of the real estate from Charles C. and Vicky L. Barr, husband and wife.
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hereby repealed.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 12t" day of January, 2016.
CITY OF BLAIR, NEBRASKA
By
J E REALPH, M YOR
ATTEST:
BRENDA R. WHEELER, City Cleric
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNT )
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 12th day of January, X016.
BRENDA R. WHEELER, CITY CLERK.
PURCHASE AGREEMENT— REAL ESTATE
-1Gln�, 2016
This Purchase Agreement made and entered into by and between Charles C. Bair and
Vicki L. Barr, husband and wife, 8593 Tranquility Lp, Fort Calhoun, Nebraska, 68023,
hereinafter referred to as "Seller", and the City of Blair, Nebraska, hereinafter referred to as
"Buyer".
Now, therefore, in consideration of the mutual covenants contained herein and for other
good and valuable consideration, the parties hereby agree as follows:
1. Sale. The Seller hereby agrees to sell, and the Buyer hereby agrees to purchase, at the
price and on the terms hereinafter set forth, the following described property, including but
limited to all fixtures, improvements, structures, buildings, etc., located thereon and legally
described as follows:
(a) Legal Description of Real Estate.
Tax Lot 600 Section 11, Township 18, Range 11 City of Blair, Washington
County, Nebraska containing approximately 1.27 acres (58,505.45 sq. ft. +/-).
2. Purchase Price and Terms of Patent. The purchase price for the aforesaid real and
personal property being purchased by the Buyer is in the sum of an amount equal to the sum of
One Hundred Sixty Thousand Dollars ($160,000.00) cash.
3. Closing Date. The closing date for the transaction shall be on or before March 1,
2016. Closing shall occur at the office of the City Clerk for the City of Blair, Nebraska.
4. Title Insurance. Title insurance shall be used in the conveyance in lieu of an abstract
of title. Seller shall provide Buyer with a commitment for title insurance, showing good and
marketable title in Seller, and the policy of title insurance shall be issued by said title insurance
company on its standard form, with such printed exceptions as appear on the form and any
further exceptions and encumbrances as are acceptable to Buyer. Written notice of any such
defects, including any easements, restrictions or other matters affecting title to the property
contained in the updated commitment that is unacceptable to Buyer or its counsel shall be
delivered to Sellers within Fourteen (14) days of receipt of the commitment of title insurance.
Seller has no obligation to cure any defects. If Seller is unable or unwilling to cure such defects
to the reasonable satisfaction of Buyer within a reasonable time thereafter, and if said defects are
not so cured within a reasonable amount of time, then either party may terminate this Agreement.
Buyer agrees to pay the total cost of the title insurance premium.
5. Warranty Deed. Upon payment by the Buyer to Seller of the purchase price of the real
estate purchased, Seller shall cause to be conveyed to Buyer marketable fee simple title in and to
said real estate described hereinabove, by proper Warranty Deed, subject to the following:
(a) General Real Estate Taxes. Real estate taxes due and payable
as provided in Paragraph 6 of this Purchase Agreement.
6. General Real Estate Taxes. Real estate taxes for 2015 and all prior years shall be
paid by Seller. Real estate taxes for 2016 shall be prorated to the date of possession. (Basis for
the proration shall be the most recent real estate tax statement.) The Buyers shall pay all general
real estate taxes from the closing date, and all subsequent taxes. The Seller shall pay all real
estate taxes, if any, owing for prior calendar years.
7. Possession. Seller's tenant shall have exclusive possession of the property until date
of closing. Any risk of loss to the property shall be borne by Seller's tenant until title has been
conveyed to Buyer. In the event prior to closing the structures on said real estate are materially
damaged by fire, explosion or any other cause, Buyer shall have the right to rescind this
Agreement.
Buyer shall assume all risk of loss from and after date of closing.
8. Specific Performance. It is understood and agreed that both parties retain their right to
bring action for a specific performance of the terms of this Agreement in the event the other
party is in default in carrying out their obligations under this Agreement.
9. Time is of the Essence. Time shall be of the essence in this Agreement for all times
(dates) specified hereinabove both before and after the closing date.
10. Conveyance of Title. It is understood and agreed that this Agreement shall in no
manner be construed to convey title to said property or to give any right to take possession
thereof.
11. Other Terms of Agreement.
(a) Seller shall pay all documentary stamps as a result of the sale, if any
(b) Buyer agrees to pay for the cost of the Purchase Agreement and the cost
Of escrow closing shall be equally split between the parties.
(c) This Agreement contains the entire understanding among the parties
and supercedes any prior understanding among the parties and
agreements between them respecting the within subject matter. There
are no representations, agreements, arrangements or understandings
oral or written between or among the parties hereto relating to the
subject matter of this agreement which are not fully expressed herein.
Charles C. Barr, Seller
Vicki L. Barr, Seller
CITY OF BLAIR, NEBRASKA, Buyer
By a�
J& s 2ealph, Mayor
IXIlifW"
Brenda Wheeler, City Clerk
STATE OF NEBRASKA )
): ss:
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me on J0,n U arU I , 2016, by
Charles C. Barr and Vick L. Barr.
Notary Public
STATE OF NEBRASKA )
): ss:
COUNTY OF WASHINGTON)
The foregoing instrument was acknowledged before me on w�ntjcc�L�, 2016, by
James Realph, Mayor.
GENERAL NOTARY- State of Nebraska
BRENDA R WHEELER _
e My Comm. Exp, June 20, 2016 Notary Public