City of Port St. Lucie header
File #: 2024-803    Version: 1 Name:
Type: Consent Status: Passed
File created: 8/7/2024 In control: City Council
On agenda: 8/26/2024 Final action: 8/26/2024
Title: Termination, Partial Release and Modification of Restrictive Covenants Executed by Daniel W. Burris and Lorraine D. Burris with Respect to Lots 9 and 10, Block 1320, Port St. Lucie Section Twelve, and Recorded in Official Records Book 1408, Page 2126, of the Public Records of St. Lucie County, Florida, and with Respect to Lots 9, 10, 25 and 26, Block 1320, Port St. Lucie Section Twelve, and Recorded in Official Records Book 1458, Page 2693, of the Public Records of St. Lucie County, Florida.
Attachments: 1. Termination Partial Release and Mod of RC 2212 SW Nightingale v.2, 2. CC Map DTRC & TRC Mod 2212 SW Nightingale

Placement: Consent Agenda                     

Action Requested: Motion / Vote                     

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Termination, Partial Release and Modification of Restrictive Covenants Executed by Daniel W. Burris and Lorraine D. Burris with Respect to Lots 9 and 10, Block 1320, Port St. Lucie Section Twelve, and Recorded in Official Records Book 1408, Page 2126, of the Public Records of St. Lucie County, Florida, and with Respect to Lots 9, 10, 25 and 26, Block 1320, Port St. Lucie Section Twelve, and Recorded in Official Records Book 1458, Page 2693, of the Public Records 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, Partial Release and Modification of Restrictive Covenants so that Lot 9 may be conveyed, devised, or developed independently of Lots 10, 25 and 26.

 

Presentation Information: N/A

 

Staff Recommendation: Move that the Council approve the requested Termination, Partial Release and Modification of Restrictive Covenants.

 

Alternate Recommendations:

1.                     Move that the Council amend the recommendation and approve the requested Termination, Partial Release and Modification of Restrictive Covenants.

2.                     Move that the Council deny the recommendation and provide staff direction.

 

Background: On June 25, 2001, Daniel W. Burris and Lorraine D. Burris (the “Owners”) executed a Declaration of Restrictive Covenant relative to Lots 9 and 10, Block 1320, Port St. Lucie Section Twelve. The Declaration of Restrictive Covenant encumbers Lots 9 and 10, so that the lots would be assessed as a single residential unit.

 

Additionally, on July 18, 2001, the Owners executed a Restrictive Covenant relative to Lots 9, 10, 25 and 26, Block 1320, Port St. Lucie Section Twelve.  The Restrictive Covenant encumbers Lots 9, 10, 25 and 26, so that the lots be assessed as a single residential unit.

 

Issues/Analysis: The Owners now wish to convey, devise, or develop Lot 9 independently of Lots 10, 25 and 26. The total amount of administrative charges owed to the City have been paid in full. The Termination, Partial Release and Modification of Restrictive Covenants 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 June 5, 2024, was processed, and approved by the City’s Finance Department.

 

Special Consideration: N/A

 

Location of Project: See location map of Lots 9, 10, 25 and 26, Block 1320, Port St. Lucie Section Twelve.

 

Attachments:

1.                     Termination, Partial Release and Modification of Restrictive Covenants.

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: 24155-01

 

Legal Sufficiency Review: 

Reviewed by Margaret M. Carland, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.