R15-139 1 RESOLUTION R15- D 3
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING A PARTIAL RELEASE OF PROPERTY
5 UNDER DECLARATION OF UNITY OF TITLE AND
6 AUTHORIZING THE MAYOR TO SIGN THE PARTIAL
7 RELEASE; AND PROVIDING AN EFFECTIVE DATE.
8
9
10 WHEREAS, a Declaration of Unity of Title recorded in the Public Records of Palm
11 Beach County, Florida for property owned by Boos - Seacrest, LLC., agreed to a restriction
12 imposed on the premises more particularly described therein which provides that no portion of
13 the Real Property shall be sold, assigned, transferred, conveyed or devised separately except in
14 its entirety as one plot or parcel until such time as same may be released in writing under the
15 Director of Development Services of the City of Boynton Beach; and
16 WHEREAS, the owner has requested that the City release a portion of the Real
17 Property from the aforementioned restriction contained in said Unity of Title; and
18 WHEREAS, the partial release is necessary to facilitate partial transfer of property to
19 Palm Beach County as part of their right of way for future expansion of road infrastructure.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25 Section 2. The City Commission of the City of Boynton Beach, Florida does
26 hereby approve a Partial Release of Property Under Declaration of Unity of Title for property
27 owned by Boos - Seacrest, LLC, a copy of which is attached hereto and made a part hereof as
28 Exhibit "A ".
S: \CA \RESO \Partial Release of Property under Declaration of Unity of Title.doc
1
29 Section 3. The Mayor is authorized to sign the Partial Release of Property Under
30 Declaration of Unity of Title.
31 Section 4. This Resolution will become effective immediately upon passage.
32 PASSED AND ADOPTED this a° day of Ocro gER , 2015.
33 CITY OF BOYNTON BEACH, FLORIDA
34 YES NO
35
36 Mayor — Jerry Taylor
37
38 Vice Mayor — Joe Casello
39
40 Commissioner — David T. Merker
41
42 Commissioner — Mack McCray
43
44 Commissioner — Michael M. Fitzpatrick
45
46 VOTE 5 —O
47 ATTEST:
48
49 .
51 Jan-,' M. Prainito, MMC
52 - 1 Clerk
55 r,
56 (Co V eraal) �
57 ' ' i
Jx.
S: \CA \RESO \Partial Release of Property under Declaration of Unity of Title.doc
2
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
Bryan J. Stanley, Esquire
Bryan J. Stanley, P.A.
209 Turner Street
Clearwater, Florida 33756
PARTIAL RELEASE OF PROPERTY UNDER DECLARATION OF UNITY OF TITLE
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, BOOS - SEACREST, LLC, a Florida limited liability company ( "Owner "), by that
certain Declaration of Unity of Title recorded in Official Records Book 27634, Page 292, of the Public
Records of the County of Palm Beach, State of Florida, ( "Unity of Title ") agreed to a restriction
imposed on the premises more particularly described therein ( "Real Property "), which provides that no
portion of the Real Property shall be sold, assigned, transferred, conveyed or devised separately except
in its entirety as one plot or parcel until such time as same may be released in writing under the under
of the Director of Development Services of the City of Boynton Beach, Florida ( "City "); and
WHEREAS, Owner has requested that the City release a portion of the Real Property, as
hereinafter described, from the aforementioned restriction contained in said Unity of Title; provided,
however, that this Partial Release shall in no way affect the restriction contained in the Unity of Title as
to the remaining unreleased portion of the Real Property, which shall remain encumbered by such
Unity of Title.
WHEREAS, The partial release is necessary to facilitate partial transfer of property to Palm
Beach County as part of their right of way for future expansion of road infrastructure.
NOW, THEREFORE, KNOW YE, that the City in consideration of the sum of Ten and No /100
Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, to it in hand paid by the said Owner at the time of the execution hereof, does
hereby remise, release, quit - claim, exonerate and discharge from the restriction and operation of said
Unity of Title, all that piece, parcel or tract of land, described upon Exhibit "A" attached hereto and
made a part hereof by this reference that is situated within the Real Property ( "Release Parcel "):
TO HAVE AND TO HOLD the Release Parcel, with the appurtenances to such Release Parcel,
unto the said Owner, its successors and assigns forever, freed, exonerated and discharged of and from
the restriction of said Unity of Title and every part thereof; provided always, nevertheless, that nothing
herein contained shall in any way impair, alter or diminish the effect, restriction or encumbrance of the
Unity of Title on the remaining part of said Real Property not hereby released therefrom.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
IN WITNESS WHEREOF, City has hereunto set its hand and seal this day of October,
2015.
Signed, sealed and delivered CITY
in our presence:
(J,in tn sss Signature) ` By:
Name: i ¢
4
(Witness Signature)
Print Name:
STATE OF �1
COUNTY OF ..,
:
CITY OF BOYNTON BEACH, FLORIDA
The foregoing instrument was acknowledged before me this � day of October, 2015, by JERRY
'TAYLOR, as Mayor of CITY OF BOYNTON BEACH, FLORIDA, who is ( ) personally known to
me, or ( ) produced a __....... ...... as identification.
�P TAARMY L STANZIONE
MY COMMISSION it FF213683'
'�ad� EXPIRES March 25. 2019
Id07 i 3.98 -0' 53
no+ldrNo:x ry3arvica, curs
Notary Publ ignature)
Print Name: ti.. „ .
My Commission Expires
2
The City of ! ! Be
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
FAX: (561) 742 -6090
e -mail: prainitoj @bbfl.us
www.boynton- beach.org
October 27, 2015
Victor H. Rodriguez
Development Project Manager, South Florida
BOOS DEVELOPMENT GROUP, INC
5789 NW 151 Street, Suite B
Miami Lakes, FL 33014
Re: Partial Release of Property Under Declaration of Unity of Title
Dear Mr. Rodriguez:
Attached for your information and files is a fully executed original of the document
mentioned above and a copy of Resolution R15 -139.
If I can be of any additional service, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
J et M. Prainito, MMC *4`1- w) . OLQ-"
City Clerk
Attachments
S: \CC \WP \AFTER COMMISSION \Other Transmittai Letters After Commisslon \2015 \1115 -139 Partial RElease of Property Under Declaration of Unity of
Ttle - Boos Development - Famlly Dollar.doc
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