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2022-020 - Waive Principal and Interest on Dangerous Strucutre & Nuisance Abatement Liens on Block 98 Lot 1-A - 5 in 5 Housing infill DevelopmentRESOLUTION NO. 2022-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, TO WAIVE PRINCIPAL AND INTEREST ON A DANGEROUS STRUCTURE AND NUISANCE ABATEMENT LIENS ON PROPERTY DESCRIBED AS CITY OF PARIS BLOCK 98, LOT 1-A TO FACILITATE DEVELOPMENT OF SAID PROPERTY UNDER THE CITY'S 5 IN 5 HOUSING INFILL DEVELOPMENT PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Enns Ventures, LLC (the "Developer") is acquiring certain real property (the "Property") described as City of Paris Block 98, Lot 1-A (LCAD# 15470) for the purposes of constructing five (5) duplexes for a total of (10) dwelling units (the "Project") pursuant to the city's 5 in 5 Housing Infill Development Program (the "Program"); and WHEREAS, said Property is subject to a Dangerous Structure Abatement Lien dated December 8, 2009 (the "Structure Lien") in the principal amount of $76,942.00, which principal has accumulated interest in the approximate amount of $164,534.96 (See Exhibit A attached hereto and incorporated herein by reference); and WHEREAS, the Property is also subject to a Nuisance Abatement Lien dated December 17, 2008 (the "Nuisance Lien") in the principal amount of $360.00, which principal has accumulated interest in the approximate amount of $882.82 (See Exhibit B, attached hereto and incorporated herein by reference); and WHEREAS, the Developer has requested that the City waive said Structure and Nuisance Liens to facilitate its purchase of the Property and development of the Project; and WHEREAS, in consideration for said waiver, Developer has agreed to enter into an Economic Development and Tax Abatement Agreement pursuant to the Program to construct the Project; and WHEREAS, in further consideration for said waiver, Developer has agreed to post Thirty Thousand and No/100 Dollars ($30,000.00) into escrow with the City as security to ensure its performance of the requirements set forth herein and in the Development Agreement; and WHEREAS, the City Council believes that it would be in the best interest of the city and its residents to waive the repayment of principal and interest related to the Structure and Nuisance Liens so as to facilitate the development of the Project and to further the objectives of the Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. The City Council hereby waives and forgives repayment of principal and interest on the Structure Lien attached hereto as Exhibit A in the total approximate amount of $241,476.96 and hereby waives and forgives repayment of the principal and interest on the Nuisance Lien attached hereto as Exhibit B in the approximate amount of $1,242.82 in order to facilitate the development of the Property and the Project and to further the objectives of the 5 in 5 Housing Infill Development Program. Section 3. The city attorney is directed to prepare and cause releases for said liens. Section 4. This Resolution shall take effect immediately after its passage in accordance with the provisions of law. PASSED AND APPROVED this 14th day of March, 2022. * l►►,'"�f®® Paula Portugal, Mayor ATTEST: r � � Awa �£�Fdpige 9 lice Ellis, City Clerk APP�OVED AS TO FORM: zN Stepl' anie H. Hareis, City Attorney DANGEROUS STRUCTURE ABATEMENT AFFIDAVIT OF LIEN STATE OF TEXAS ) COUNTY OF LAMAR j KNOW ALL MEN BY THESE PRESENTS: That, the CITY OF PARIS, Paris, Texas, ISO let Street S.E., Paris, Texas, by and through Its, Building and Standards Commission, after having given written notice of at least thirty (30) days (or after having given notice by publication) for the owner to repair, remove, or demolish a structure or structures from the following described lot or lots: NW 7TH, CITY BLOCK 98, LOT 1 A and the said OWNER of said lot, THE METS GROUP, failed (or refused) within the time so ordered to complete said repairs, removal or demolition after notice addressed to such owner was deposited in the Post Office (or after such publication if said owllefs address was not known), the City of Paris did, on MAY 5, 2009, cause the following work to be done and paid $76,926.00 for the same: DEMOLISHIREMOVE STRUCTURES, plus $16.00 filing fee. In accordance with V. T.C.A. Health and Safety Code, Chapter342, and Article III, Cha Code of Ordinances of the City of Paris, Paris, Texas, this statement executed by ROBERT TAL Code Inspector for the City of Paris, is filed with the CountLEY,y Clerk of Lamar County for the purpose of fixing a privileged lien upon the above described property, which lien is second only to tax liens and liens for street improvements, said lien being fixed for the purpose of securing the above described expenditure in the amount of $76,942.00, which amount shall bear interest at the rate of ten percent (10%) per annum from the 1st day of DECEMBER, 2008, that being the day of such expenditure. For any such expenditures and interest as aforesaid, suit may be instituted and foreclosure had In the name of the City of Paris. Signed on DECEMBER 8, 2009. A y ROBERT TALLEY r Code Officer STATE OF TEXAS COUNTY OF LAMAR ) this date certifyPersonally my seal of office on appeared ROBERT TALLEY Code aOfiicer LL 1 VIE 1� � 1� 20 � � I � v ' � that on personals a for the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and signed the foregoing Instrument In writing before me and upon his/her oath stated and swore before me that the facts stated therein are true and correct. RETURN TO: Robert Talley P. O. Box 9037 Paris, TX 75461.9037 Nota P b Wry Ile, State of Texas KAY ROBIN NORWOOO NOTARY PUBLIC STATE OF TEXAS RhV Commlolon E*rn 01-2D.2013 S w d �► s •ym Y� rtS „viae &cc �Me w N Oro hN 4 mV4-jx= 4� --,,STATE OF TEXAS i,,,r7 v Fidquiring Me y the following described lot or 1, 2iteeP the same free from weeds, rubbish, brush, and any M11ever mato- N # A v y "'' r; ` 3; rte, �, , �; 1 1 ` MOWED AND TRIMMED LOT, plus $220.00 admlnIstrgativ---,,,.,,.� 1 certify under n y goal Of Office on this day of personally appeared ROBERT TALLEY,Ccde Inspector of the pity of Paris, knownr20 to the ato n his slate name Is subscribed to the foregoing to signedhis oath stated and swore before me that the facts stated therein are true and correa i Z271 N11 fi CC 9q4��""v" ��4�1� V kA 3 M IT OF TE �'S min 16 -2009 Signature --.J�ETURN To.- Community Development P. Jf: Box ,9037 P2r!B,'rX 76461-9037 i