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AUTHORIZATION FOR THE MAYOR TO EXECUTE A RELEASE OF COVENANT RUNNING WITH THE LAND FOR THE PROPERTY LOCATED AT 12333 66TH STREET NORTH, UPON PAYMENT OF ANY REMAINING TRANSPORTATION IMPACT FEES AS DETERMINED BY THE CITY TO BE PAID TO THE CITY, AND TO AUTHORIZE RECORDATION OF SUCH RELEASE OF COVENANT RUNNING WITH THE LAND
FIRST AND FINAL READING
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NOTE: On November 5, 2007, Shirley A. Jeup, as the owner at that time of the Waterin’ Trough property, filed and recorded a Covenant Running With the Land concerning that property. That Covenant designated that the property could only be used as a “tavern”, and that the operation of any business on that property could only be conducted between six o’clock p.m. and two o’clock a.m. (6:00 p.m. - 2:00 a.m.). The Covenant was entered in order to lower the amount of transportation impact fees that would otherwise have been required at that time, and the Covenant could only be released by the consent of the City upon payment of the remaining appropriate transportation impact fees as determined by the City.
The current owner of the property, First Florida Management Services, LLLP has applied to the City for a release of that Covenant. The current owner is redeveloping the property and will pay the remaining transportation impact fees that are determined by the City based upon the redevelopment and the new use of the property.
The attached Release of Covenant Running With the Land was prepared by the City Attorney’s Office for approval by the City Council. The action item will authorize the Mayor to execute the Release of Covenant Running With the Land, upon payment of any remaining transportation impact fees as determined by the City, so that the development by the current owner can proceed.
Recommendation
ACTION: (Approve - Deny) Authorization for the Mayor to execute a Release of Covenant Running with the Land for the property located at 12333 66th Street North.