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City of Port St. Lucie header
File #: 2024-300    Version: 1 Name:
Type: Consent Status: Passed
File created: 3/14/2024 In control: City Council
On agenda: 3/25/2024 Final action: 3/25/2024
Title: Motion: Termination of Restrictive Covenant Executed by Joseph T. Zelenak and Carol A. Durey-Zelenak with Respect to Lots 9, 10 and 11, Block 1185, Port St. Lucie Section Eight, and Recorded in Official Records Book 1458, Page 210, of the Public Records of St. Lucie County, Florida.
Attachments: 1. 3.14.24 TRC 1510, 1518 and 1526 SW Apache, 2. MAP TRC 1510, 1518 & 1526 SW Apache final

Placement: Consent Agenda                     

Action Requested: Motion / Vote                     

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Motion: Termination of Restrictive Covenant Executed by Joseph T. Zelenak and Carol A. Durey-Zelenak with Respect to Lots 9, 10 and 11, Block 1185, Port St. Lucie Section Eight, and Recorded in Official Records Book 1458, Page 210, of the Public Records of St. Lucie County, Florida. 

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Submitted By: Margaret Carland, Senior 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 properties may be conveyed, devised, or developed independently.

 

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 June 22, 2001, Joseph T. Zelenak and Carol A. Duprey-Zelenak (the “Previous Owners”) executed a Restrictive Covenant relative Lots 9, 10 and 11, Block 1185, Port St. Lucie Section Eight. The Restrictive Covenant encumbers Lots 9, 10 and 11, so that the lots would be assessed as a single residential unit.

 

Issues/Analysis: The current owner, Carol A. Zelenak, now wishes to convey, devise, or develop Lot 9 independently of Lots 10 and 11. The total amount of administrative charges owed to the City have 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 the applicable administrative fees.  Payment in full was made on March 1, 2024, was processed, and approved by the City’s Finance Department.

 

Special Consideration: N/A.

 

Location of Project: See location map of Lots 9, 10 and 11, Block 1185, Port St. Lucie Section Eight.

 

Attachments:

1.                     Termination of Restrictive Covenant,

2.                     Location Map.

 

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: 24053-03.

 

Legal Sufficiency Review: 

Reviewed by Margaret M. Carland, Senior Deputy City Attorney.  Approved as to legal form and sufficiency by Rich Barrios, Interim City Attorney.