Placement: Consent Agenda
Action Requested: Motion / Vote
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Partial Release and Modification of Amended Restrictive Covenant Executed by Daniel C. Melichar and Jan Melichar with Respect to Lots 14, 15, and 16, Block 1244, Port St. Lucie Section Twenty, and Recorded in Official Records Book 1951, Page 916, of the Public Records of St. Lucie County, Florida.
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Submitted By: Margaret Carland, Senior Deputy City Attorney.
Executive Summary (General Business): This Partial Release and Modification of Amended Restrictive Covenant is being submitted 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 Partial Release and Modification of Amended Restrictive Covenant.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the requested Partial Release and Modification of Amended Restrictive Covenant.
2. Move that the Council deny the recommendation and provide staff direction.
Background: On June 28,2001, Daniel C. Melichar and Jan Melichar (the “Owners”) executed a Restrictive Covenant relative to Lots 14, 15, 16, 17, and 18, Block 1244, Port St. Lucie Section Twenty. The Restrictive Covenant encumbered Lots 14, 15, 16, 17, and 18 so that they would be assessed as a single residential unit. On April 2, 2004, a Termination of Restrictive Covenant was executed by the Owners, and recorded in Official Records Book 1938, Page 1799, of the Public Records of St. Lucie County, Florida. The stated purpose of the Termination of Restrictive Covenant was to separate Lots 17 and 18 from Lots 14, 15 and 16 so that Lots 14, 15 and 16 would be assessed by the City of Port St. Lucie as a single residential unit. On April 12, 2004, an Amended Restrictive Covenant relative to Lots 14, 15 and 16 was executed by the Owners and recorded in Official Records Book 1951, Page 916, of the Public Records of St. Lucie County, Florida. The Amended Restrictive Covenant was created for the purpose of combining Lots 14, 15 and 16, so they would be assessed by the City of Port St. Lucie as a single residential unit.
Issues/Analysis: The Owner, Jan Melichar, now wishes to separate Lot 14 from Lots 15 and 16, and further wishes to occupy Lots 15 and 16 as one single residential unit. The administrative fee owed to the city has been paid in full. The Partial Release and Modification of Amended Restrictive may now be executed and 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 an administrative fee. Payment in full was made on January 19, 2022, and was processed and approved by the City’s Finance Department.
Special Consideration: N/A
Location of Project: See attached map of Lots 14, 15 and 16, Block 1244, Port St. Lucie Section Twenty.
Attachments:
1. Partial Release and Modification 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: 7772
Legal Sufficiency Review:
Reviewed by Margaret M. Carland, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.