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HomeMy WebLinkAboutRES.2678.02-21-2012r� BILL NO. 12-23 RESOLUTION NO. 2& 7E A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN IN FAVOR OF BILLY WARREN, DECEASED, FOR JEFFERSON/BLOOMFIELD NEIGHBORHOOD RESTORATION PROGRAM WHEREAS, the City of Cape Girardeau previously entered into an Agreement dated April 4, 2008, for the grant of funds to make repairs to property located at 412 South Benton Street and described as All of Lot Numbered Eight (8) of Yount, Ellis and Popp's Subdivision in the City of Cape Girardeau, Missouri, as shown by plat of which will be found of record in Land Records of Cape Girardeau County, Missouri, all pursuant to the Jefferson/Bloomfield Neighborhood Restoration Program; and WHEREAS, that grant agreement was recorded in the land records of Cape Girardeau County in Document Number 2008-06168, and Billy Warren is now deceased; and WHEREAS, it is the desire of the City of Cape Girardeau, Missouri, to release the lien created by the Agreement dated April 4, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 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 4, 2008, and recorded in Document Number 2008-06168 of the land records of Cape Girardeau County, Missouri. PASSED AND APPROVED THIS a/`$4 DAY OF 2012. ry E. Redfcfer, Mayor R RELEASE OF LIEN WHEREAS, Billy Warren is the owner 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: 412 South Benton Street, All of Lot Numbered Eight (8) of Yount, Ellis and Popp's Subdivision in the City of Cape Girardeau, Missouri. WHEREAS, the City of Cape Girardeau, Missouri, previously authorized a grant of money for the repair, rehabilitation and improvement of this dwelling; and WHEREAS, this Agreement for the grant of moneys for repair was made in writing dated April 04, 2008, and recorded at 2008-06168 in the land records of Cape Girardeau County, Missouri; and WHEREAS, said Agreement constituted a lien against the above described property; and WHEREAS, said lien could be released only in the event that the money was repaid by the owner or in the event of the death of the owner: and WHEREAS, Billy Warren is now deceased and by the terms of the Agreement the above lien is canceled by the death of Billy Warren. NOW, THEREFORE, comes the City Manager of the City of Cape Girardeau, Missouri, pursuant to Resolution Number 'adopted by the City Council of Cape Girardeau, Missouri, on February 21, 2012, authorizing the City Manager to execute this Release and the City Manager, pursuant to said authorization of the City Council, does hereby remise, release and forever quit claim its lien against the above described property on account of the hereinabove described agreement. Further, the City of Cape Girardeau, Missouri, its successors and assigns shall be forever excluded and barred from enforcing said lien. ATTEST: Gayle L. Conrad, City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Scott A. Meyer, City Manager State of Missouri ) ss County of Cape Girardeau ) On this 21" day of February, 2012, before me, the undersigned notary public, personally 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 the 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 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 My Commission Expires: