PLACEMENT: Consent
TITLE:
title
REQUEST TO RELEASE A UNITY OF TITLE FOR LOTS 1 AND 2 OF THE JANUARY 1988 NORTON’S LANDING PLAT
end
EXECUTIVE SUMMARY:
executive summary
Fox McCluskey Bush Robison, PLLC, on behalf of Mr. Robert Stancavich, has requested the release of Unity of Title affecting the subject property described as Lots 1 and 2, Plat of Norton’s Landing, Plat Book 11, Page 7 of the Public Records of Martin County, Florida.
body
DEPARTMENT: Growth Management
PREPARED BY: Name: John Sinnott
Title: Senior Planner
REQUESTED BY: Fox McCluskey Bush Robison, PLLC, on behalf of Mr. Robert Stancavich
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Fox McCluskey Bush Robison, PLLC, on behalf of Mr. Robert Stancavich, has requested the release of Unity of Title affecting the subject property described as Lots 1 and 2, Plat of Norton’s Landing, Plat Book 11, Page 7 of the Public Records of Martin County, Florida. The subject property is located at 1251 Southwest Norton’s Lane within the municipal boundaries of the City of Stuart. See the attached request from Tyson Waters, Esquire.
The subject property was originally part of the Plat of Indian Groves, Plat Book 1, Page 37. The Plat of Norton’s Landing, recorded in January 1988, was a replat of Lots 13 and 24, and portions of Lots 10, 11, 12, 14 and 23, Block 3, of the Plat of Indian Groves.
A Unity of Title was recorded through the City of Stuart in 1989 for the purposes of constructing a multi-family development on Lots 13 and 24, and portions of Lots 10, 11, 12, 14 and 23 of the Plat of Indian Groves. The real property described in the 1989 Unity of Title is one and the same as Lots 1, 2, and 3 of the Plat of Norton’s Landing.
In 1991, a second Unity of Title covering the same lots as the first Unity of Title was recorded through the City of Stuart. The 1991 Unity of Title was similarly for a multi-family development. The 1991 Unity of Title provides that it “supersede(s), in all respects, that Unity of Title previously recorded.” The multi-family development referenced in the 1989 and 1991 Unity of Titles was never constructed and these Unity of Titles have not been released by the City of Stuart.
In 2003, the then owners of the subject property entered into a Unity of Title encompassing only Lots 1 and 2 of the Plat of Norton’s Landing for the purposes of constructing a single-family residence. The 2003 Unity of Title was recorded in favor of Martin County. Given that the subject property is located within the municipal boundaries of the City of Stuart, and not in the unincorporated Martin County, it appears that the execution of this Unity of Title in favor of Martin County was done in error. The applicant is requesting the release of the 2003 Unity of Title affecting Lots 1 and 2 of the Plat of Norton’s Landing so that each lot may have a separate single-family residence. Once Martin County has released the 2003 Unity of Title, the applicant intends to file similar requests with the City of Stuart to release the first two Unities of Title affecting the subject property.
The following supporting materials are attached to this Agenda item: Application for releasing the Unity of Title and Resolution releasing the Unity of Title.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with the applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt a Resolution releasing the Unity of Title.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and direct staff.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: