City of Port St. Lucie header
File #: 2020-985    Version: 1 Name:
Type: Consent Status: Passed
File created: 12/2/2020 In control: City Council
On agenda: 12/14/2020 Final action: 12/14/2020
Title: Motion: Termination of Restrictive Covenant #357 Executed by Martin J. Reilly and Elaine C. Reilly with respect to Lots 4 and 5, Block 1115, Port St. Lucie Section Nine, and Recorded in Official Records Book 1458, Page 688, Public Records of St. Lucie County.
Attachments: 1. 12.2.20 TRC 357 Draft Termination of RC Lots 4 & 5 Blk 1115, 2. MAP Council

Placement: Consent Agenda                     

Action Requested: Motion / Vote                     

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Motion: Termination of Restrictive Covenant #357 Executed by Martin J. Reilly and Elaine C. Reilly with respect to Lots 4 and 5, Block 1115, Port St. Lucie Section Nine, and Recorded in Official Records Book 1458, Page 688, Public Records of St. Lucie County. 

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Submitted By: Margaret Carland, 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 property 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 July 11, 2001, Martin J. Reilly and Elaine C. Reilly executed a Restrictive Covenant relative to Lots 4 and 5, Block 1115, Port St. Lucie Section Nine. The Restrictive Covenant encumbered Lots 4 and 5 so that they would be assessed as a single residential unit.

 

Issues/Analysis: The current owner wishes to convey, devise or develop Lot 4 independently of Lot 5. The total amount 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 Special Assessment principal and all applicable administrative fees. Payment in full was made on November 6, 2020 and has been processed and approved by the City’s Finance Department.

 

Special Consideration: N/A

 

Location of Project: See attached map of Lots 4 and 5, Block 1115, Port St. Lucie Section Nine.

 

Attachments:

1.                     Termination of Restrictive Covenant; and

2.                     Map (Lots 4 and 5, Block 1115, Port St. Lucie Section Nine).

 

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: 5545

 

LEGAL SUFFICIENCY REVIEW: 

Reviewed by Margaret M. Carland, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.