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Agenda Item # 13.b.
City Commission Regular Meeting - 6:00 pm
Meeting Date:
10/04/2021
Re
Right of Reverter for Property Located at Sun Citrus Blvd.
Submitted For:
Tanya Earley

SUBJECT:

Resolution No. 21-R54 authorizing the execution of a quitclaim deed releasing a right of reverter and mineral rights for the property located at Sun Citrus Blvd. and formerly known as the Hammond Road Landfill. 

SUMMARY:

On April 16, 1990, the City Commission approved the bid and sale of property formerly known as the Hammond Road Landfill. The subject property is located at Sun Citrus Blvd., in St. Lucie County. The parties executed a warranty deed, which contained a right of reverter allowing the City to retake possession in the event the buyer failed to comply with certain environmental regulations. The is no evidence that the buyer failed to comply with said regulations and buyer now seeks release of the reverter to facilitate sale of the subject property to a third party. State law generally limits reversionary interests to twenty-one (21) years. More than 21 years have passed since the deed was recorded and the City has not exercised the right of reverter. Inasmuch as the enforceability of the reverter clause is doubtful, approval is recommended. 

RECOMMENDATION:

Approval of the proposed resolution. 

ALTERNATIVES:

Approve the proposed resolution with changes or disapprove the proposed resolution. 

RESPONSIBLE STAFF:

Tanya Earley, City Attorney's Office 

COORDINATED WITH:

Nicholas Mimms, City Manager

Fiscal Impact

Budgeted Y/N:
N
Fiscal Year:
2022
Account:
N/A
Amount:
N/A

OTHER INFORMATION:

The expected fiscal impact would be $0.

Attachments

Form Review

Inbox Reviewed By Date
City Manager Nick Mimms 09/26/2021 10:06 AM
Form Started By:
tearley
Started On:
09/22/2021 09:27 AM
Final Approval Date:
09/26/2021