City of Port St. Lucie header
File #: 2020-989    Version: 1 Name:
Type: Consent Status: Passed
File created: 12/2/2020 In control: City Council
On agenda: 12/14/2020 Final action: 12/14/2020
Title: Motion: Termination of Restrictive Covenant #358 Executed by Dominick Barone and Dolores Barone with respect to [Property Description Redacted in Accordance with Section 119.071(4)(d)2.a., F.S.], and Recorded in Official Records Book [Property Description Redacted in Accordance with Section 119.071(4)(d)2.a., F.S.], Public Records of St. Lucie County.
Attachments: 1. 12.2.20 TRC 358 NOT FOR PRR - FINAL_REDACTED PER 119, 2. MAP for City Council Pkt 11.13.20_Redacted

Placement: Consent Agenda                     

Action Requested: Motion / Vote                     

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Motion: Termination of Restrictive Covenant #358 Executed by Dominick Barone and Dolores Barone with respect to [Property Description Redacted in Accordance with Section 119.071(4)(d)2.a., F.S.], and Recorded in Official Records Book [Property Description Redacted in Accordance with Section 119.071(4)(d)2.a., F.S.],  Public Records of St. Lucie County. 

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Submitted By: Margaret Carland, Deputy City Attorney

 

Strategic Plan Link: The City’s Mission to be responsive to our community.

 

Executive Summary (General Business): Termination of Restrictive Covenant so that the subject property may be conveyed, devised, or developed independently.  Please note, the current owners are covered by a statutory exemption pursuant to Chapter 119, Florida Statutes, and their personal information is exempt from disclosure.  As such, the personal identifying information has been redacted in accordance with Section 119.071(4)(d)2.a., F.S.

 

Presentation Information: N/A

 

Staff Recommendation: Move that the Council approve the requested Termination of Restrictive Covenant.

 

Alternate Recommendations:

1.                     Move that the Council amend the recommendation and approve the requested Termination of Restrictive Covenant.

2.                     Move that the Council deny the recommendation and provide staff direction.

 

Background: On July 10, 2001, Dominick Barone and Dolores Barone executed a Restrictive Covenant relative to [Property Description Redacted in Accordance with Section 119.071(4)(d)2.a., F.S.]. The Restrictive Covenant encumbered [Property Description Redacted in Accordance with Section 119.071(4)(d)2.a., F.S.] so that they would be assessed as a single residential unit.

 

Issues/Analysis: The current owners wish to convey, devise or develop Lots [Property Description Redacted in Accordance with Section 119.071(4)(d)2.a., F.S.] independently of Lot [Property Description Redacted in Accordance with Section 119.071(4)(d)2.a., F.S.]. The total amount owed to the City has been paid in full.  The Restrictive Covenant may now be released, satisfied and discharged in its entirety, and a Termination of Restrictive Covenant shall be recorded with the St. Lucie County Clerk.

                     

Financial Information: The sum of $200.00 was owed to the City of Port St. Lucie for Special Assessment principal and all applicable administrative fees.  Payment in full was made on November 6, 2020 and has been processed and approved by the City’s Finance Department.

 

Special Consideration: The current owners are covered by a statutory exemption pursuant to Chapter 119, Florida Statutes, and their personal information is exempt from disclosure.  As such, the personal identifying information has been redacted in accordance with Section 119.071(4)(d)2.a., F.S

 

Location of Project: See attached map of [Property Description Redacted in Accordance with Section 119.071(4)(d)2.a., F.S.].

 

Attachments:

1.                     Termination of Restrictive Covenant; and

2.                     Map (Property Description Redacted in Accordance with Section 119.071(4)(d)2.a., F.S.). 

 

NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.

 

Internal Reference Number: 5541

 

Legal Sufficiency Review: 

Reviewed by Margaret M. Carland, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.