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HomeMy WebLinkAboutRES.12-17-1969.Restrictive Agreement . ,�• � ., _ . ., . ' �. A RESOLUTION APPROVING THE FORM OF NOTICE OF RESTRICTIVE AGREEMENT WITH AUTHORITY FOR THE MAYOR TO EXECUTE WHEREA5, the City of Cape Girardeau purchased land by Warranty Deed which is recorded in the land records of the County of Cape Girardeau, and WHEREAS, this purchase was pursuant to Contract No. Mo. OSA-51 (G) between the City of Cape Girardeau and the United 5tates of America, Department of Housing and Urban Development dated October 29 , 1969 , and WHEREAS, the City of Cape Girardeau agreed that this land or any interest therein may not be sold, leased, or other�aise transferred without the prior written approval of the Secretary of Housing and Urban Development, his designee or any successor thereto, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MIS50UR2: 1. That the NOTICE OF RESTRICTIVE AGREEMENT, which is attached hereto and marked as "Exhibit A" is approved in form. 2. That the Mayor of the City of Cape Girardeau is hereby authorized and directed to execute this NOTICE OF RESTRICTIVE AGREEMENT on behalf of the City of Cape Girardeau, Missouri. � PA5SED AND APPROVED THIS / � lAY OF ��b!y , 1969 . , � j YOR ! �. ATTEST: . ..L�.l.c.�e,.,, . CITY CLE ��� ��� ��, 1 w .�-.. . . . . , , . , , � ;��,, ;. , ,�f,�r.3� NOTICE OF RESTRICTIVE AGREEMENT The City of Cape Girardeau purcfi.ased land by Warranty Deed which is recorded in Book 274 at Page 688, all pursuant to an Option to Purchase whicl-i is recorded in Book 271 at Page 460 , in the land records of the County of Cape Girardeau which is more particularly described as follows: Al1 that part of the West one-half of the Northwest quarter, and the Northwest quarter o£ the Southwest quarter of Section 30 , in Township 31 North, Range 14 East, in the City and County of Cape Girardeau, Missouri, lying north and west of Cape Rock Drive, and north and east of Perryville Road in such City, except the following: 6. 352 acres conveyed by deed dated May l, 1961 and recorded in Book 206 at Page 196 in the Recorder's Office at Jackson, Missouri; and except 14. 39 acres conveyed May 8, 1965 in Book 242 at Page 115 in the Recorder's Office at Jackson, Missouri; and except 8.9 acres conveyed by four deeds, each dated October 17, 1966, the first of �rhich is recorded in Book 254 at page 485, the second of which is recorded in Book 254 at Page 487, the thi:rd of wYiich is recorded in Book 254 at page 489 , and the last of which is recorded .in Book 254, at Page 491 in the Recorder's Office at Jackson, Missouri; and except 1.046 acres conveyed by deed dated February 3, 1966 and recorded in Book 249 at page 32 in the Recorder's Office at Jackson, Missouri. Subject to easements of record. Containing 53. 74 acres, more or less . Pursuant to Contract No. Mo. OSA-51 (G) between the City of Cape Girardeau and the United States of America, Department of Housing and Urban Development dated October 29 , 1969 , the City of Cape Girardeau agreed that the above described land or any interest therein may not be sold, leased, or otherwise transferred without the prior written approval of the Secretary of Housing and Urban Development, his designee or any successor thereto. The City of Cape Girardeau hereby covenants that it will not sell, lease or transfer any interest in the above described land without the prior written approval of the Secretary of Housing and Urban Development, his designee or any successor thereto. IN WITNESS WHEREOF, the Mayor of th.e City of Cape Girardeau has hereunto set his hand this /'�� day of �61M�y 1969 . ,���,����� 7�r�,f `*�, ,'` r `--� �,. c._--.__.�... ., ' �� `�' '' �^ , ' MA.YOR ATTE5T; � ` +��' ' �. � A � � �': •�� �, �� � � ��� -'� T CLERK . .:�-r . � . _ . , . -. � , - 2 - 5TATE OF MI550URI ) ) ss . R��_��,� COUNTY OF CAPE GIRA.RDEAU ) � ��x �' �Dec�,6.r� " On this �� day of ldz�r, 1969 , before me appeared � '.,,`�,.�4 Ivan L. Trvin, to me personally known, who, being by me duly r�-��� �°4 sworn, did say that he is the Mayor of the City of Cape Girardeau, a Municipal Corporation of the 5tate of Missouri, and that the seal affixed to the foregoing instrument is th.e corporate seal of said Municipal Corporation and that the said instrument was signed and sealed in behalf of said Municipal Corporation by authority of its City Council and acknowledged said instrument to be the free act and deed of said Municipal Corporation. TN TESTrMONY 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 My Commission Expires : � �q� ,«�����:,;;,, �`•,';�.� �� � '�'�� . _ . �J` '� � .,, � Q ; =-y'= %. �� �� s� ��, .T . �.) t � F- :-- ::,, c e� - � l`� � �4� •,`Q4 �.\; �� .._... •'y:� , r ,-`;, '�;�. `� ��; �''� �n��' . � � . , . . " ''' . � r.i ,,,�,r �'.� �'�l� ;_; ;.i. ._. � r �-+ �; \ " �� C7 p �" � °c � �i (� � � c � � py��Y`�+ r ' �C'S O C N1� O � � aN 1=� \ I— i M ,Q � � ' �� �..� � � Dn��.,~ � � � Z �' � � � � � �� � � �� � � � STATE OF MISSOURI, � SS In the Recorder's Office County of Cape Girardeau, I, L. J. SCHUMACHER, Recorder of said County, do hereby certify that the within instrument of writing was, at ......�.,�.8..;.. o'clock and ......08........ minutes .....A�.........M., on the .�Oth................................... , , day ofr�.�::..........Dece��er A D. 19..69... duly filed for record in my office, and is recorded in the ;�a,, • �. � , � ......., . , rec�s 16f this office;,ir� �ook .......�7.8............. at page .....3.93................ . t� :�� �� : _ ���. �� . �It'i Witn�srWh�reof, I have hereunto set my hand and affixed my official seal at Jackson, Mo., •, , - � �'"��� �his �"" �'30th...... day of ..........Decembe r , 9...69... ,� ........�..y.. ... .......•.,..��...............�.�... B ... .. ................................ ., Deputy ............................................. ...............�!.., Recorder y .........