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HomeMy WebLinkAboutRes.3586.11-06-2023 BILL NO. 23-165 RESOLUTION NO. 358(a A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN FOR PROPERTY LOCATED AT 241 O' CONNELL DRIVE, UNDER THE NEIGHBORHOOD STABILIZATION GRANT PROGRAM, IN THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Carolyn E. Dyce is the owner of a dwelling unit located on the following-described real estate in the City of Cape Girardeau, Missouri, more particularly described as follows, to-wit: 241 O' Connell Drive - A Parcel of Land Being Part of Lot #11 Of O'Connell Gardens Subdivision in the City of Cape Girardeau, Missouri, As shown by plat recorded in Plat Book Number 6 at Page Number 49 of the Land Records in Cape Girardeau County Missouri; and WHEREAS, the City of Cape Girardeau, Missouri, previously authorized a grant of money for down payment and closing costs under the Neighborhood Stabilization Program to assist in the purchase of said dwelling unit; and WHEREAS, Carolyn E. Dyce entered into a Grant Agreement with the City of Cape Girardeau, Missouri, for said grant of money on November 16, 2011, said Grant Agreement being recorded in Document Number 2011-14425 in the land records of Cape Girardeau County, Missouri; and WHEREAS, said Grant Agreement constitutes a lien against the above-described property; and WHEREAS, it is the desire and intention of the City of Cape Girardeau, Missouri, to release said lien. 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 Grant Agreement dated November 16, 2011, and recorded in Document Number 2011-14425 of the land records of Cape Girardeau County, Missouri . 1 PASSED AND ADOPTED THIS — _ DAY 0F7,© o , 2023. s'-s----P Stacy Kin r, lyor ATTEST: iB uce Taylo Deputy City Clerk �.,' � `IRAo ® ; .'`12 THE U'NXON 4 2 RELEASE OF LIEN WHEREAS, Carolyn E. Dyce a.k.a. Carolyn Dyce is the owner of a dwelling unit located on the following-described real estate in the City and County of Cape Girardeau, Missouri, more particularly described as follows, to-wit: 241 O'Connell Drive — A Parcel of Land Being Part of Lot #11 Of O'Connell Gardens Subdivision in the City of Cape Girardeau, Missouri, As shown by plat recorded in Plat Book Number 6 at Page Number 49 of the Land Records in Cape Girardeau County Missouri; and WHEREAS, the City of Cape Girardeau, Missouri, previously authorized a grant of money for down payment and closing costs under the Neighborhood Stabilization Program to assist in the purchase of said dwelling unit; and WHEREAS, a Neighborhood Stabilization Program Grant Agreement for said grant of money was executed by said owner on November 16, 2011 and recorded in Document Number 2011-14425 in the land records of Cape Girardeau County, Missouri; and WHEREAS, said Grant Agreement constitutes a lien against the above-described property; and WHEREAS, said lien can only be released upon the automatic termination of said Grant Agreement as specified therein, or upon repayment of the pro rata share of the grant of money as specified therein, or upon the death of the owner prior to the automatic termination of said Grant Agreement; and WHEREAS, said Grant Agreement automatically terminated on November 16, 2021. NOW, THEREFORE, comes the ity Manager of the City of Cape Girardeau, Missouri, who, pursuant to Resolution Number ?j� 't.Q , adopted by the City Council of the City of Cape Girardeau, Missouri on \J , 2023, does hereby remise, release, and forever quit claim said lien against the above-described property on account of the above- described Grant Agreement. Furthermore, the City of Cape Girardeau, Missouri, and its successors and assigns, shall be forever excluded and barred from enforcing said lien. 8\-h IN WI ESS WHEREOF, this Release of Lien has been executed on this day of , 2023. (Signatures on following page) 1 -i ` ,_G4, A ._ _1,4, CITY OF CAPE GIRARDEAU, MISSOURI Jo Iroll f:),:iT 1to i O; Dr. Kennet Haskin, City Manager.4‘ ::0 ...._..._ A ..?4,. 47/ SE,".c,*T s VN1 I ti_ /''''1 j,..1� •l _ *_ STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, that on this °May day of ME , 2023, before me, the undersigned notary public, personally appeared Dr. Kenneth Haskin, who, being by me duly sworn, did state 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. r.aeraymemaAki it.41)i i 0.46.!vir., 4 '41( "FrAIIIIPAirit imp- Notar "-+'...„,,.� My Commission Expires: __, �._ .A,,,,,,o,, Anda L.McKinney SIATE OF MISSOURI l issioned for Cape'ClirWu M'iif-Commission Expires:3/3/2p 6 :ID'#14.5_8%21• 2 3 • 1111111111111II'IIIIIllhII 8037847 Tx:4025094 r 4PcoRDER p�!1o+�, DOCUMENT # O o� 2011-14425 � _� i. O0 SCOTT R CLARK j �\.a j RECORDER OF DEEDS q\,. CAPE GIRARDEAU COUNTY, MO O% RECORDED ON /:/, ��11 894 � 12/29/2011 3:45 PM ditl,e_ O ��`L Ph) d ' ����FSU COU�',Z4" REC FEE: 33.00 ����� PAGES: 4 . , , IRECORDER OF DEEDS j COVER PAGE 1 Title of Document: Grant Agreement Date of Document: November 16, 2011 Grantor(s) Name &Address: City of Cape Girardeau i 401 Independence Street Cape Girardeau, MO 63703 Grantee(s) Name &Address: Carolyn Dyce 241 O'Connell Street Cape Girardeau, MO 63701 Legal Description: A parcel of land being part of Lot #11 of O'Connell Gardens • Subdivision in the City of Cape Girardeau, Missouri • . Reference Book & Page, if Required: Plat Book Number 6 at Page Number 49 I 1 . • t 1 NEIGHBORHOOD STABILIZATION PROGRAM I 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: I i 1241 O'Connell Street Legal Description: A Parcel of Land Being Part of Lot#11 Of O'Connell Gardens Subdivision in the City of Cape Girardeau, Missouri, As shown by plat recorded in Plat Book I Number 6 at Page Number 49 of the Land Records • in Cape Girardeau County Missouri. 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 1 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 y (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 Ipayment and closing costs from the City of Cape Girardeau, Missouri, in the amount of 4 Eighteen Thousand Six Hundred Nineteen Dollars and ninety cents($18,619.90)to assist in the purchase of a house in the Neighborhood Stabilization Program, and _ F Whereas, said grant is to be repaid to the City of Cape Girardeau, under certain conditions. I 1 Now therefore, it is agreed by the undersigned owners of the above described premises, in consideration of Eighteen Thousand Six Hundred Nineteen Dollars and ninety 1 cents ($18,619.90), a grant for down payment and closing cost of the above described r premises from the City of Cape Girardeau, Missouri: 1 This Agreement and sale restrictions specified herein, shall commence on the date a the Owner and City execute this Agreement (the "Commencement Date"), and shall automatically terminate on the tenth (10TH) anniversary of the Commencement Date. g i If the ownership or occupancy of the above described property by the grant 5 i recipient ceases within ten years from the date of this agreement, the entire grant or a ti percentage thereof shall be repaid to the City of Cape Girardeau,Missouri. Repayments of 1 the rehabilitation grant shall be based on a 10% reduction of the amount to be repaid per p year after five years, according to the following schedule. 1 1 i Less than 5 year full amount I Less than 6 years 40% repayment 1 Less than 7 years — 30% repayment Less than 8 years 20% repayment 1 Less than 9 Years 10% repayment Over 10 years no repayment 1 i i 1 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. lIn Witness Whereof, this agreement has been duly executed by the owners this /V day of /90-2p) Ae g , 2011. OWNER: 241 O'Connell Street, Cape Girardeau, MO 63701 l .0<0 Carol Dyce > r /#e"----- 1R4 .,,, i ii:', CITY • ' CAP- GIRARDEAU, MISSOURI • r,Vita ; Eii -. ', -f04-1�` to:; co A!.. eyer City M:Hager T E U1VI 1 " AlLket , GaywConrad, City Clerk 5 I STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this6day of Nt �' ,2011,before me personally appeared arolyn Dyce,to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and 1 deed. I a 2 3 i i IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office the day and year first above written. ,,l, ll/ ,o,�, ;P��%, DEBORAH L,B • z: Ci; My Commission Ex fres NOTARY'; August f8,2012 My Commission Expires: = r • = s ► , , `%c••SEAL•'g= Cann,Girardeau Coun• E `;;t0Mi'W CommissionNO8524880 Notary Public h11 N� 595 fl STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this j(A'day of (V01/6t'Y1. - ,2011, 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 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 C.ape Girardeau, Missouri, the day and year first above written. eAhAL ) Notary Public My Commission Expires: CAROLap�s b'�?iq):�G;, nmm Cfaslon Wires „Ip?gpv * November 17,2012 SEM." Cap Grardoau County •y•A" Romrniudort4109e8A121 1 1 3 3 3