Placement: Consent Agenda
Action Requested: Motion / Vote
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Termination of Restrictive Covenant Executed by Richard D. Kelly and Nancy P. Kelly with Respect to Lots 16 and 36, Block 1293, Port St. Lucie Section Twelve, and Recorded in Official Records Book 1458, Page 2613, of the Public Records of St. Lucie County, Florida.
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Submitted By: Margaret M. Carland, Senior Deputy City Attorney
Strategic Plan Link: The City’s Mission to provide exceptional services.
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 July 12, 2001, Richard P. Kelly and Nancy P. Kelly (the “Former Owners”) executed a Restrictive Covenant relative Lots 16 and 36, Block 1293, Port St. Lucie Section Twelve. The Restrictive Covenant encumbers Lots 16 and 36, so that the lots would be assessed as a single residential unit.
Issues/Analysis: the Estate of Nancy P. Kelly, the current owner of Lot 16, wishes to convey, devise, or develop Lot 36 independently of Lot 16. The total amount of administrative charges 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 November 13, 2024, was processed, and approved by the City’s Finance Department.
Special Consideration: N/A
Location of Project: See location map of Lots 16 and 36, Block 1293, Port St. Lucie Section Twelve.
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: 24312-04
Legal Sufficiency Review:
Reviewed by Margaret M. Carland, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.