Placement: Consent Agenda
Action Requested: Motion / Vote
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Motion: Termination of Restrictive Covenant #325 Executed by Robin Curby with respect to Lots 26 and 27, Block 1323, Port St. Lucie Section Eleven, and Recorded in Official Records Book 1458, Page 1414, of the Public Records of St. Lucie County.
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Submitted By: Kimberly Sala, J.D., Law Office Administrator
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 guidance.
Background: On August 10, 2001, Robin Curby executed a Restrictive Covenant relative to Lots 26 and 27, Block 1323, Port St. Lucie Section Eleven. The Restrictive Covenant encumbers Lots 26 and 27 so they would be assessed as a single residential unit for the water/sewer extension project, thereby reducing the assessments.
Issues/Analysis: The current owner wishes to convey, devise or develop Lot 26 independently of Lot 27. 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 $8,138.23 was owed to the City of Port St. Lucie for Special Assessment principal, interest, and all applicable administrative fees. A partial payment of $4,000.00 was made on March 1, 2018, leaving a balance of $4,138.23, which balance has been paid, processed and approved by the City’s Finance Department.
Special Consideration: N/A
Location of Project: Lots 26 and 27, Block 1323, Port St. Lucie Section Eleven
Attachments:
1. Map (Lots 26 and 27, Block 1323, Port St. Lucie Section Eleven); and
2. Termination of Restrictive Covenant.
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.
Legal Sufficiency Review:
Approved as to Legal form and sufficiency by James D. Stokes, City Attorney. (Reference Legistar database for authorizing City Attorney representative.)