Placement: Consent Agenda
Action Requested: Motion / Vote
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Motion: Termination of Restrictive Covenants Executed by Anthony Damiani and Dawn M. Damiani with Respect to Lots 10 and the Easterly half of Lot 11, Block 3197, Port St. Lucie Section Forty-Seven, and Recorded in Official Records Book 4141, Page 918, of the Public Records of St. Lucie County, Florida; and, Lots 12 and the Westerly half of Lot 11, Block 3197, Port St. Lucie Section Forty-Seven, and Recorded in Official Records Book 4141, Page 915, 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 Covenants 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 Covenants.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the requested Termination of Restrictive Covenants.
2. Move that the Council deny the recommendation and provide staff direction.
Background: On June 4, 2018, Anthony Damiani and Dawn M. Damiani (the “Former Owners”) executed a Restrictive Covenant relative Lots 10 and the Easterly half of Lot 11, Block 3197, Port St. Lucie Section Forty-Seven and Lots 12 and the Westerly half of Lot 11, Block 3197, Port St. Lucie Section Forty-Seven. The Restrictive Covenants encumber Lots 10, 11 and 12, so that the lots 10 and the Easterly half of Lot 11 would be assessed as a single residential unit and so that Lot 12 and the Westly half of Lot 11 would be assess as a single residential unit.
Issues/Analysis: Monna Homes, LLC, the current owner of Lots 10, 11 and 12, now wishes to convey, devise, or develop Lot 10, 11 and 12 independently of each other. The total amount of assessments owed to the City has been paid in full. The Restrictive Covenants may now be released, satisfied, and discharged in their entirety, and a Termination of Restrictive Covenants 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 May 12, 2023, and was processed and approved by the City’s Finance Department.
Special Consideration: N/A
Location of Project: See location map of Lots 10, 11 and 12, Block 3197, Port St. Lucie Section Forty-Seven.
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: 10066
Legal Sufficiency Review:
Reviewed by Margaret M. Carland, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.