City of Port St. Lucie header
File #: 2023-909    Version: 1 Name:
Type: Consent Status: Passed
File created: 9/21/2023 In control: City Council
On agenda: 10/9/2023 Final action: 10/9/2023
Title: Motion: Termination of Restrictive Covenant Executed by Frank L. Roberts and Patricia A. Roberts with Respect to Lots 1 and 44, Block 427, Port St. Lucie Section Three, and Recorded in Official Records Book 0925, Page 1898, of the Public Records of St. Lucie County, Florida.
Attachments: 1. 9.21.23 TRC 1297 SE Floresta, 2. CC Map Lots 1 & 44

Placement: Consent Agenda                     

Action Requested: Motion / Vote                     

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Motion: Termination of Restrictive Covenant Executed by Frank L. Roberts and Patricia A. Roberts with Respect to Lots 1 and 44, Block 427, Port St. Lucie Section Three, and Recorded in Official Records Book 0925, Page 1898, 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 August 24, 1994, Frank L. Roberts and Patricia A. Roberts (the “Former Owners”) executed a Restrictive Covenant relative Lots 1 and 44, Block 427, Port St. Lucie Section Three. The Restrictive Covenant encumbers Lots 1 and 44, so that the lots would be assessed as a single residential unit.

 

Issues/Analysis: Anthony Ascanio and Joseph Ascanio (“Lot 1 Owners”) and Synergy Homes LLC, a Florida limited liability company, (“Lot 44 Owner”), now wish to convey, devise, or develop Lot 44 independently of Lot 1. The total amount of assessments 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 the applicable administrative fees.  Payment in full was made on ---------August 21, 2023, and was processed and approved by the City’s Finance Department.

 

Special Consideration: N/A

 

Location of Project: See location map of Lots 1 and 44, Block 427, Port St. Lucie Section Three.

 

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: 23228-07

 

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