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HomeMy WebLinkAboutRES.2695.06-18-2012BILL NO. 12-69 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN FOR PROPERTY LOCATED AT 745 SOUTH ELLIS STREET UNDER THE RENTAL REHABILITATION PROGRAM, IN THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the City of Cape Girardeau previously entered into an Agreement dated September 7, 1994, with Otto R. Goehman and Rebecca L. Goehman, for the grant of funds to make repairs to the residence at 745 South Ellis Street - Lots 4 and 5, Block 7, Giboney Houck's Third Subdivision to the City of Cape Girardeau, Missouri, all pursuant to the Rental Rehabilitation Program, and WHEREAS, that grant agreement was recorded in the land records of Cape Girardeau County in Book 806, Page 207, and Otto R. Goehman and Rebecca L. Goehman have fulfilled the terms of the program, and WHEREAS, it is the desire of the City of Cape Girardeau, Missouri, to release the lien created by the agreement dated September 7, 1994. 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 September 7, 1994, and recorded in Book 806, Page 207 of the land records of Cape Girardeau County, Missouri. PASSED AND ADOPTED THIS 1621A DAY OF , 20 RELEASE OF LIEN WHEREAS, Otto R. Goehman and Rebecca L. Goehman 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: 745 South Ellis Street —Lots 4 and 5, Block 7, Giboney Houck's Third Subdivision to 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 Forgivable Deed of Trust for the grant of money for repair was made in writing dated September 7, 1994, and recorded in Book 806, Page 207 of the land records of Cape Girardeau County, Missouri; and WHEREAS, said Forgivable Deed of Trust constituted a lien against the above described property; and WHEREAS, the time has expired on said grant; and WHEREAS, it is the desire and intention of the City of Cape Girardeau, Missouri, to release the lien. 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 June 18, 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. CITY OF CAPE GIRARDEAU, MISSOURI Scott A. Meyer, City Manager ATTEST: Gayle L. Conrad, City Clerk STATE OF MISSOURI ) SS. COUNTY OF CAPE GIRARDEAU) On this -- day of June 2012, 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