City of Port St. Lucie header
File #: 2022-574    Version: 1 Name:
Type: Consent Status: Passed
File created: 6/29/2022 In control: City Council
On agenda: 7/11/2022 Final action: 7/11/2022
Title: Motion: Termination of Restrictive Covenant Executed by Michael S. Beath and Deborah M. Beath and Subsequently Recorded on November 21, 2001, in Official Records Book 1458, Page 277, of the Public Records of St. Lucie County, Florida.
Attachments: 1. 6.29.22 TRC 1337 SW Gastador, 2. MAP Agenda 6.28.22

Placement: Consent Agenda                     

Action Requested: Motion / Vote                     

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Motion: Termination of Restrictive Covenant Executed by Michael S. Beath and Deborah M. Beath and Subsequently Recorded on November 21, 2001, in Official Records Book 1458, Page 277, 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 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 September 11, 2001, Michael S. Beath and Deborah M. Beath executed a Restrictive Covenant relative to Lots 45 and 46, Block 1222, Port St. Lucie Section Eight. The Restrictive Covenant encumbers Lots 45 and 46 so that they would be assessed as a single residential unit.

 

Issues/Analysis: ReBecca Nicholson and Kyle Nicholson, the current owners of Lots 45 and 46, wish to convey, devise or develop Lot 45 independently of Lot 46. The total amount of assessments owed to the City have 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 applicable administrative fees.  Payment in full was made on June 21, 2022 and was processed and approved by the City’s Finance Department.

 

Special Consideration: N/A

 

Location of Project: See location map of Lots 45 and 46, Block 1222, 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: 8518

 

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.