City of Port St. Lucie header
File #: 2023-054    Version: 1 Name:
Type: Consent Status: Passed
File created: 1/3/2023 In control: City Council
On agenda: 1/23/2023 Final action: 1/23/2023
Title: Motion: Termination of Restrictive Covenant Executed by George C. Horn and Anna Marie Horn with Respect to Lots 18 and 19, Block 2382, Port St. Lucie Section Thirty-Four, and Recorded in Official Records Book 1459, Page 380, of the Public Records of St. Lucie County, Florida.
Attachments: 1. TRC 368 & 370 SW Kestor 1.3.pdf, 2. MAP 368 & 370 SW Kestor Dr

Placement: Consent Agenda                     

Action Requested: Motion / Vote                     

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Motion: Termination of Restrictive Covenant Executed by George C. Horn and Anna Marie Horn with Respect to Lots 18 and 19, Block 2382, Port St. Lucie Section Thirty-Four, and Recorded in Official Records Book 1459, Page 380, 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 31, 2001, George C. Horn and Anne Marie Horn (the “Owners”) executed a Restrictive Covenant relative to Lots 18 and 19, Block 2382, Port St. Lucie Section Thirty-Four. The Restrictive Covenant encumbers Lots 18 and 19, so that they would be assessed as a single residential unit.

 

Issues/Analysis: Justin T. Neill Edwards, the current owner of Lot 19, wishes to convey, devise, or develop Lot 19 independently of Lot 18 which is owned by George C. Horn and Anne Marie Horn. 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 for the applicable administrative fees.  Payment in full was made on December 6, 2022 and was processed and approved by the City’s Finance Department.

 

Special Consideration: N/A

 

Location of Project: See location map of Lots 18 and 19, Block 2382, Port St. Lucie Section Thirty-Four.

 

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: 9369

 

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.