PULLED AT THE REQUEST OF THE APPLICANT.  Request for Release of Right of Reverter by Quit Claim Deed - Parcel ID No.: 1430-231-0001-000-1.

The current owner of property formerly known as the Hammondville Road Landfill, on Sun Citrus Boulevard in Fort Pierce, is requesting that the City of Fort Pierce release it right of reverter by quit claim deed. The property, which is next to the St. Lucie Airport and is directly south and west of the western approach to the main runway, is currently owned by Frank DiMaria, individually and as  Trustee under the Revocable Living Trust Agreement. The parcel ID is 1430-231-0001-000-1. Mr. DiMaria purchased the property from the City of Fort Pierce via Special Warranty Deed in January of 1991. 

Mr. DiMaria is under contract to sell the property, but the prospective buyer has objected based on the reverter language in the Special Warranty Deed. Mr. DiMaria's attorney requests the City to execute a quit claim deed to remove the reverter language. The attorney has not requested removal of any of the other language in the Special Warranty Deed. 

If the language is removed and the current or future owners of the property fail to comply with any mandates related to environmental concerns, it is possible the City of Fort Pierce will be responsible for remediation but will not be able to reclaim the property. The reverter is designed to make all current or future owners of the property continuously comply with all environmental remediation rules or mandates, because otherwise the property will revert back to the City of Fort Pierce.  

Do not approve a Quit Claim Deed removing the reverter language.

Approve a Quit Claim Deed removing the reverter language.

Peter J. Sweeney, City Attorney

Nicholas C. Mimms, City Manager
Jack Andrews, City Engineer