Placement: Consent Agenda
Action Requested: Motion / Vote
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Motion: Termination of Restrictive Covenant Executed by William McBreen and Cynthia G. McBreen with Respect to Lots 1 and 2, Block 1087, Port St. Lucie Section Eight, and Recorded on November 21, 2001, in Official Records Book 1458, at Page 129, 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 Termination of Restrictive Covenant and provide staff direction.
Background: On July 6, 2001, a Restrictive Covenant was executed by William McBreen and Cynthia G. McBreen (the “Former Owners”) relative to Lots 1 and 2, Block 1087, Port St. Lucie Section Eight. The Restrictive Covenant encumbers Lots 1 and 2, so that they would be assessed as a single residential unit.
Issues/Analysis: Julio Javier Utreras Diaz and Yiwis A. Gonzalez (the “Current Owners”) wish to convey, devise, or develop Lot 2 independently of Lot 1. The administrative fee 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 as administrative fees. Payment in full was made on March 31, 2022, 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 2, Block 1087, Port St. Lucie Section Eight.
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: 7091
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.