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HomeMy WebLinkAboutRes.3389.03-15-2021 BILL NO. 21-32 RESOLUTION NO. 33,0 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN FOR PROPERTY LOCATED AT 1825 NEW MADRID STREET, UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM, IN THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the City of Cape Girardeau, Missouri, previously entered into an Agreement dated April 27, 2012, with Michael P. & Katrina L. Toeniskoetter, for the grant of funds to make repairs to property located at 1825 New Madrid Street - All of Lot Numbered Eight (8) and all of Lot Numbered Seven (7) , except the west 10 feet, all in Block one (1) of Foster-Cobble' s First Subdivision in the City of Cape Girardeau, Missouri, all pursuant to the Neighborhood Stabilization Program; and WHEREAS, said Agreement was recorded in the land records of Cape Girardeau County, Missouri, in Document Number 2012-05766; and WHEREAS, Michael P. & Katrina L . Toeniskoetter have fulfilled the terms of said Agreement, and it is the desire of the City of Cape Girardeau, Missouri, to release the lien created by said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : SECTION 1 . The City Manager is authorized to execute a Release of Lien and to cause said Release to be recorded in the land records of Cape Girardeau County, Missouri, so that the above described property may be free of any lien or claim by the City of Cape Girardeau, Missouri, by reason of the Agreement dated April 27, 2012, and recorded in Document Number 2012-05766 of the land records of Cape Girardeau County, Missouri . PASSED AND ADOPTED THIS V51 DAY OF VNO) 2021 . -441 Bob ox, ayo =C ATTEST. �r %Ok /vi y. Are ).0`4:1 . truce Tay • , Deputy City Clerk of \* .rgfE ' IoN �►��'£ Gayle L. Conrad, City Clerk STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) On this day of March 2021, before me appeared Scott A. Meyer to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that said instrument was signed and sealed on behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. Notary Public RECORDER OF DEEDS COVER PAGE � I8II0III4 II�I0I9I3I� DOCUMENT # 2012-05766 SCOTT R CLARK RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MO RECORDED ON 05/09/2012 2:12 PM REC FEE: 33.00 PAGES: 4 Title of Document: Neighborhood Stabilization Program Grant Agreement Date of Document: April 27, 2012 Grantor(s) Name & Address: City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 Grantee(s) Name & Address: Michael P, & Katrina L. Toeniskoetter 1825 New Madrid Street Cape Girardeau, MO 63701 Legal Description: All of Lot Numbered Eight (8) and all of Lot Numbered Seven (7), except the west 10 feet, all in Block one (1) of Foster-Cobble's First Subdivision in the City and County of Cape Girardeau, Missouri Reference Book & Page, if Required: Plat Book 4 at Page 54 TEN (10) YEAR GRANTAGREEMENT NEIGHBORHOOD STABILIZATION PROGRAM GRANT AGREEMENT WHEREAS, the undersigned are the owners of a dwelling unit located on the following described real estate in the City of Cape Girardeau, Cape Girardeau County, Missouri, more particularly described as follows, to -wit: 1825 New Madrid Legal Description: All of Lot Numbered Eight (8) and all of Lot Numbered Seven (7), except the west 10 feet all in Block one (1) of Foster-Cobble's First Subdivision in the City and County of Cape Girardeau, Missouri, as shown by Plat recorded In Plat Book #4, at page #54. Whereas, the City of Cape Girardeau, has been authorized to make grants for the down payment and closing cost under the Neighborhood Stabilization Program to assist in the purchase of a house, and Whereas, it is the intention of the City of Cape Girardeau to benefit only owner -occupants that meet'the income eligibility requirements of program, completed eight (8) hours of housing counseling and are credit ready, and Whereas, the owners of the above described real estate will receive a grant for down payment and closing costs from the City of Cape Girardeau, Missouri, in the amount of Fifteen Thousand Five Hundred Forty-nine Dollars and 56 Cents ($15,549.56) to assist in the purchase of a house in the Neighborhood Stabilization Program, and Whereas, said grant is to be repaid to the City of Cape Girardeau, under certain conditions. Now therefore, it is agreed by the undersigned owners of the above described premises, in consideration of Fifteen Thousand Five Hundred Forty-nine Dollars and 56 Cents ($15,549.56), a grant for down payment and closing cost of the above described premises from the City of Cape Girardeau, Missouri: This Agreement and safe restrictions specified herein, shall commence on the date the Owner and City execute this Agreement (the "Commencement Date"), and shall automatically terminate on the tenth (10TH) anniversary of the Commencement Date. If the ownership or occupancy of the above described property by the grant recipient ceases within ten years from the date of this agreement, the entire grant or a percentage thereof shall be repaid to the City of Cape Girardeau, Missouri. Repayments of the rehabilitation grant shall be based on a 10% reduction of the amount to be repaid per year after five years, according to the following schedule, Less than 5 year ------------ full amount Less than 6 years ------------ 40% repayment Less than 7 years ------------ 30% repayment Less than 8 years ------------ 20% repayment Less than 9 Years------------ 10% repayment Over 10 years --------------- no repayment The repayment shall be made to the City of Cape Girardeau, Missouri, and shall be due and payable at the time of the sale or discontinuation of occupancy of the property. This agreement shall be a lien on the above described property. If the grant is not repaid in the manner and within the above said time, payment may be enforced by suit and the property sold by order of any court of competent jurisdiction. This agreement and lien applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, administrators, executors, successors, and assigns. In Witness Whereof, this agreement has been duly executed by the owners this day of C , 2012, OWNER: 1825 New Madrid, Cape Girardeau, MO 63701 Michael P. To 'skoetter Katrina L. Toeniskoetter 4. Al A, �' d rI ("DI, 0, a. Gayle U Conrad, City Clerk STATE OF MISSOURI ) )ss. COUNTY OF CAPE GIRARDEAU ) CITY PnAf E GIRARDEAU, MISSOURI Scott A. leer, Citi Manager On this day of l/ , 2012, before me personally appeared Michael P. and Katrina L. Toeniskoetter to me known to be the persons described in and who executed the foregoing Instrument, and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office the day and year first above written. c+ My Commission E plrL. �a's "NOTARY' My Commission Expires: `*' SEAL �� Au9018,2012 Cape Girardeau Coun ' M�,t`�'�' Commission80052g680 Notary Public STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this �� "'. day of hril , 2012, before me appeared Scott A, Meyer, to me personal) known, who, being b me dui sworn, Y � g y y n, did say that he Is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My Commission Expires: 111110159IM70'AMR110 - E