Martin County

File #: 21-0889   
Type: Consent Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 6/22/2021 Final action:
Title: REQUEST BY CHRIST FELLOWSHIP CHURCH, INC. TO RELEASE A UNITY OF TITLE
Attachments: 1. Christ Fellowship - Release of Unity of Title.pdf, 2. Christ Fellowship - Unity of Title (prior approval).pdf, 3. Christ Fellowship Resolution UOTRelease.pdf

PLACEMENT: Consent

TITLE:

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REQUEST BY CHRIST FELLOWSHIP CHURCH, INC. TO RELEASE A UNITY OF TITLE

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EXECUTIVE SUMMARY:

executive summary

Christ Fellowship Church, Inc. requests the release of an existing unity of title in order to replace it with the unity of title required as part of the approval for the Highpointe Planned Unit Development. 

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DEPARTMENT: County Attorney                     

PREPARED BY:                      Name: Krista A. Storey                     

                     Title:                     Senior Assistant County Attorney                      

REQUESTED BY: Tyson J. Waters, Esquire on behalf of Christ Fellowship Church, Inc.                                           

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

One of the required exhibits to the recently approved Highpointe Planned Unit Development Zoning Agreement is a unity of title. In the course of completing the post approval process for the project, the applicant’s representatives became aware of an existing recorded unity of title.  That unity of title was required for the approval of the Christ Fellowship Church final site plan in 2013.  Recordation of a second unity of title in 2021 could cause a title issue.  Accordingly, Christ Fellowship Church, Inc. has requested that the unity of title recorded in 2013 be released.  The request is set forth in the attached email from Mr. Waters.    

 

ISSUES:

 

None

 

LEGAL SUFFICIENCY REVIEW:

 

This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.

 

RECOMMENDED ACTION:

 

RECOMMENDATION

Move that the Board approve the Resolution releasing the existing unity of title.

 

ALTERNATIVE RECOMMENDATIONS

Pull this item from the Consent Agenda and direct staff accordingly.

 

FISCAL IMPACT:

 

RECOMMENDATION

None

                     

ALTERNATIVE RECOMMENDATIONS

None

 

DOCUMENT(S) REQUIRING ACTION:

Budget Transfer / Amendment                      Chair Letter                                                               Contract / Agreement

Grant / Application                                          Notice          Ordinance                     Resolution

Other:     

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