Placement: Consent Agenda
Action Requested: Motion / Vote
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Motion: Termination of Restrictive Covenant Executed by Armand A. Neri and Shelly A. Neri with Respect to Lots 4 and 5, Block 1293, Port St. Lucie Section Twelve, and Recorded on November 27, 2001, in Official Records Book 1458 at Page 2605, 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 Termination of Restrictive Covenant and provide staff direction.
Background: On August 10, 2001, Armand A. Neri and Shelly A. Neri (“Former Owners”) executed a Restrictive Covenant relative to Lots 4 and 5, Block 1293, Port St. Lucie Section Twelve. The Restrictive Covenant encumbers Lots 4 and 5, so that they would be assessed as a single residential unit.
Issues/Analysis: The Shelly Ann Neri Revocable Trust, dated November 8, 2021 (“Current Owner”), wishes to convey, devise, or develop Lot 5 independently of Lot 4. The total amount of assessments 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 as an administrative fee for terminating the Restrictive Covenant. Payment in full was made on March 31, 2022 and was processed and approved by the City’s Finance Department.
Special Consideration: N/A
Location of Project: See location map of Lots 4 and 5, Block 1293, Port St. Lucie Section Twelve.
Attachments:
1. Termination of Restrictive Covenant Location
2. 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: 8050
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.