City of Port St. Lucie header
File #: 2023-164    Version: 1 Name:
Type: Consent Status: Passed
File created: 2/1/2023 In control: City Council
On agenda: 2/13/2023 Final action: 2/13/2023
Title: Motion: Termination of Restrictive Covenant Executed by Dorothy G. McFadden and Frederick McFadden with Respect to Lots 21 and 22, Block 195, Port St. Lucie Section Four, and Recorded in Official Records Book 925, Page 1866, of St. Lucie County, Florida.
Attachments: 1. TRC 264 SW Todd Ave (Arellano) 9.13.22. MMC updated 2.1.pdf, 2. MAP cc 264 SW Todd

Placement: Consent Agenda                     

Action Requested: Motion / Vote                     

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Motion: Termination of Restrictive Covenant Executed by Dorothy G. McFadden and Frederick McFadden with Respect to Lots 21 and 22, Block 195, Port St. Lucie Section Four, and Recorded in Official Records Book 925, Page 1866, 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 23, 1994, Dorothy G. McFadden and Frederick McFadden (the “Former Owners”) executed a Restrictive Covenant relative to Lots 21 and 22, Block 195, Port St. Lucie Section Four. The Restrictive Covenant encumbers Lots 21 and 22, so that they would be assessed as a single residential unit.

 

Issues/Analysis: Mario Arellano, the current owner, wishes to convey, devise, or develop Lot 22 independently of Lot 21. 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 August 25, 2022 and was processed and approved by the City’s Finance Department.

 

Special Consideration: N/A

 

Location of Project: See location map of Lots 21 and 22, Block 195, Port St. Lucie Section 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: 8852

 

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.