HomeMy WebLinkAboutDeclaration Of Unity Of TittleThis instrument was prepared under the direction of:
City of Port St. Lucie City Attorney's Office
Prepared by:
CITY OF PORT ST. LUCIE
Public Works Department
121 S.W. Port St. Lucie Boulevard
Port St. Lucie, Florida 34984
(Space above this line reserved for recording office use only)
DECLARATION OF UNITY OF TITLE
KNOW ALL MEN BY THESE PRESENTS that the undersigned, Kings Commercial Center, LLC,
a Florida limited liability company, is the fee simple owner of the following described real property situated
and being in the City of Port St. Lucie, Florida (the "Property"):
Lots 1 and 2, Block B, King's Highway Industrial Park Unit One, according to the plat thereof, as
recorded in Plat Book 26, at Page 16, of the Public Records of St. Lucie County, Florida.
WHEREAS, in consideration of the issuance of permit(s) for the Property and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned does
hereby make the following declarations of conditions, limitations and restrictions on said lands, hereinafter to be
known and referred to as a Declaration of Unity of Title, as to the following particulars:
1. That the said Property shall be considered as one plot or parcel .of land, and that no portion thereof
shall be sold, assigned, transferred, conveyed, devised, or mortgaged separately except in its entirety,
as one plot or parcel of land.
2. That this condition, restriction and limitation is intended and shall constitute a restrictive covenant
concerning the use, enjoyment and title to the Property described above, and shall be deemed a
covenant running with the land, as provided by law, and shall remain in full force and effect, and be
binding upon the undersigned, and the heirs, successors and assigns of the undersigned until such time
as the same may be released in writing by the City of Port St. Lucie, or its successor, in accordance
with the applicable rules, codes or ordinances of said City then in effect. The Unity of Title granted by
the City is subject to revocation upon written notice to the property owner of record, as listed in the
public tax records at the time the written notice is issued. Furthermore, this Unity of Title neither
conveys any right, title or interest in or to any of the legal or equitable easement rights of the City nor
serves as City's abandonment of its rights in and to any easement.
3. Should the City exercise its rights to revoke this Unity of Title, as outlined in paragraph 2 above, the
undersigned and/or any successors, assigns or future holders of interest in the Property shall be
responsible for the removal of the encroachment(s), obstruction(s), or structure(s) and the restoration
of the terrain, at the owner's sole cost and expense, within thirty (30) days of the owner of record's
receipt of the City's notice of revocation unless the urgency of the situation requires the removal of
the encroachment to be accomplished in a shorter period of time. Said written notice of
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City's revocation of this Unity of Title shall be made by certified mail, return receipt requested,
hand -delivery, or personal service. In the event that the removal of the encroachment(s) and
restoration are not accomplished within thirty (30) days of the owner of record's receipt of the City's
notice of revocation, the City shall be hereby authorized to remove the encroachment(s). The
undersigned hereby agrees to immediately reimburse City for any and all costs incurred for said
removal and restoration. The City shall have the right to levy an assessment against the real property
and collect the costs of removal and restoration in the same manner as general taxes are collected
under state and local laws.
4. The undersigned also agrees that this Declaration of Unity of Title shall be recorded in the Public
Records of St. Lucie County, Florida.
NOW, THEREFORE, for good and valuable consideration, the undersigned does hereby declare that
the undersigned will not convey or cause to be conveyed the title to the above -described Property without
requiring the successor in title to abide by all terms and conditions set forth herein.
FURTHER, the undersigned agrees to indemnify, defend, and hold harmless the City of Port St. Lucie,
its officials, officers, attorneys, consultants, agents and employees from and against all claims, damages, losses,
and expenses, direct, indirect or consequential (including but not limited to fees and charges of attorneys and
other professionals and court and/or arbitration costs) arising out of or resulting, in whole or in part, from the
execution of this Declaration of Unity of Title. Moreover, the undersigned agrees that nothing in this
indemnification and hold harmless provision shall be considered to increase or otherwise waive any limits of
liability, or to waive any immunity, as established by Florida Statutes, case law, or any other source of applicable
governing law afforded to the City of Port St. Lucie.
NO PRECEDENT ESTABLISHED. This Unity of Title is issued with the understanding that any
action herein is not to be considered as establishing a precedent, as to the utility or the acceptability, of any permit
to any other or future situation. Each approval of a Declaration of Unity of Title will be determined on a case -by -
case basis using the policy guidelines established and approved by the City Council of the City of Port St. Lucie.
IN WITNESS WHEREOF, the undersigned have caused his hand and seal to be affixed hereto on this
day of October, 2021.
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Signed, sealed and delivered
in the presence of-
12
of Witness
STATE OF FLORIDA
OWNER(S)
Signature of OwAer
Print Name: 'ir f`-
NOTARIZATION AS TO OWNER(S)' EXECUTION
)ss
COUNTY OF ILM(prAi .00&e
The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online
notarization, this 28 day of 006 b er , 20 U , by W og ux j R. ti ni e n ea�
who is [ ] personally known to me, or who has [ ] produced the following identification:
Notary Public State of Florida
Barbara L Alvarez
0 a My Commission GG 943007
ka Expires 02/15/2024
NOTARY SEAL/STAMP
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Signature of Notary Public
bard arA L. Alyalre;?,
Print Name of Notary Public
Notary Public, State of Florida
My Commission expires O sxl 1S % 20 ay