R24-236 1 RESOLUTION NO. R24-236
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A DECLARATION OF RESTRICTIVE
5 COVENANTS FOR HARVEY E. OYER, JR. PARK; AND FOR ALL OTHER
6 PURPOSES.
7
8 WHEREAS, City is the fee simple title owner of that certain real property located in Palm
9 Beach County, Florida, generally known as Harvey E. Oyer, Jr. Park; and
10 WHEREAS, the City intends to use the Property as a public park for use by the general
11 public and to provide perpetual public access to the waterfront and public boat ramps; and
12 WHEREAS, it is the intent of the City that this Restrictive Covenant, once recorded in the
13 Public Records of Palm Beach County, shall serve to impose requirements on the Property and the
14 fee simple title owner to the Property; and
15 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
16 best interests of the city's citizens and residents to approve a Declaration of Restrictive Covenants
17 for Harvey E. Oyer, Jr. Park.
18
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
20 BEACH, FLORIDA, THAT:
21 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption.
23 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
24 approve a Declaration of Restrictive Covenants for Harvey E. Oyer, Jr. Park (the "Restrictive
25 Covenant"), in form and substance similar to that attached as "Exhibit A."
26 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
27 authorizes the Mayor to execute the Restrictive Covenant. The Mayor is further authorized to
28 execute any ancillary documents necessary to accomplish the purposes of this Resolution.
29 SECTION 4. Upon execution of the Restrictive Covenant by the City, the City Clerk shall
30 record the Restrictive Covenant in the Public Records of Palm Beach County. The City Clerk shall
31 provide a copy of the recorded Restrictive Covenant to Gail Mootz.
32 SECTION 5. This Resolution shall take effect in accordance with law.
33
34 PASSED AND ADOPTED this day of De 6):::itc- 2024.
35 CITY OF BOYNTON BEACH, FLORIDA
36 YES f- NO
37 Mayor—Ty Penserga
38 f
39 Vice Mayor—Aimee Kelley
40
41 Commissioner—Angela Cruz
42
L.-----
43
/43 Commissioner—Woodrow L. Hay
44
45 Commissioner—Thomas Turkin
46
47 VOTE S D
48 Aii: a
49I
50 l�. . �0'° t. /cal
51 Maylee DA-sus, MPA, C Ty - a
52 City Cl- k May.
53
54 ----ON SEq`��` APPROVED AS TO FORM:
55 (Corporate Seal) 76k..INTE ..:i I
56 1 m 4.Z.° Xfre57 • 0• ___-Nc) <z-Ps . Adiafia L.J.
58 ,• v \�G0 v Shawna G. Lamb
° ' City Attorney
i1 ••••....•••(-<z::.
59 I
l• \
CEN 20240 54055
OR BK 3532£ P G 227
Document prepared by and return to: RE ORD El) 1i i111120 1w:.' PM
Stacey R.Weinger,Esq. County
City Attorney's Office J,.,::Th Abru _,,
PO Box 310
Boynton Beach,Florida 33425 P `• 2;(1- 2 2.!`' ' =•!
Folio No. 08-43-45-15-03-000-0102
DECLARATION OF RESTRICTIVE COVENANTS
THIS pECLARATION OF RESTRICTIVE COVENANTS (the "Restrictive Covenant")
made this 1 day of cJD e►r-, 2024 by the City of Boynton Beach, a Florida municipal
corporation (hereinafter referred to as "City")for itself and its successors and assigns.
WITNESSETH
WHEREAS, City is the fee simple title owner of that certain real property located in Palm
Beach County, Florida, generally known as Harvey E. Oyer, Jr. Park and legally described in
Exhibit "A," attached hereto and incorporated herein (hereinafter referred to as the "Property");
and
WHEREAS, the City intends to use the Property as a public park for use by the general
public and to provide perpetual public access to the waterfront, public boat ramps, and such other
purposes as outlined herein; and
WHEREAS, it is the intent of the City that this Restrictive Covenant, once recorded in the
Public Records of Palm Beach County, shall serve to impose requirements on the Property and
the fee simple title owner to the Property, as provided herein; and
NOW, THEREFORE, the City hereby declares that the Property shall only be developed,
held, maintained, transferred, sold, conveyed, and owned subject to the following requirements
and restrictive covenants:
1. RECITALS.
The recitals above are true and correct and incorporated into this Restrictive Covenant.
2. EXHIBITS.
Any exhibits referenced herein are incorporated into and made a specific part hereof, whether
physically attached.
Page 1 of 6
Document prepared by and return to:
Stacey R.Weinger,Esq.
City Attorney's Office
PO Box 310
Boynton Beach, Florida 33425
Folio No. 08-43-45-15-03-000-0102
DECLARATION OF RESTRICTIVE COVENANTS
THIS pECLARATION OF RESTRICTIVE COVENANTS (the "Restrictive Covenant")
made this I day of WO6er, 2024 by the City of Boynton Beach, a Florida municipal
corporation (hereinafter referred to as "City")for itself and its successors and assigns.
WITNESSETH
WHEREAS, City is the fee simple title owner of that certain real property located in Palm
Beach County, Florida, generally known as Harvey E. Oyer, Jr. Park and legally described in
Exhibit "A," attached hereto and incorporated herein (hereinafter referred to as the "Property");
and
WHEREAS, the City intends to use the Property as a public park for use by the general
public and to provide perpetual public access to the waterfront, public boat ramps, and such other
purposes as outlined herein; and
WHEREAS, it is the intent of the City that this Restrictive Covenant, once recorded in the
Public Records of Palm Beach County, shall serve to impose requirements on the Property and
the fee simple title owner to the Property, as provided herein; and
NOW, THEREFORE, the City hereby declares that the Property shall only be developed,
held, maintained, transferred, sold, conveyed, and owned subject to the following requirements
and restrictive covenants:
1. RECITALS.
The recitals above are true and correct and incorporated into this Restrictive Covenant.
2. EXHIBITS.
Any exhibits referenced herein are incorporated into and made a specific part hereof, whether
physically attached.
Page 1 of 6
3. RESTRICTIONS/REQUIREMENTS FOR THE PROPERTY.
City hereby declares that the Property shall be solely used for the following purposes:
a. As a public park for use by the general public.
b. To provide perpetual public access to the waterfront
c. To provide public access to the boat ramps.
d. Public Safety Marine Complex/Fire Station and dock with lifts for the Boynton Beach Fire
Department Fire Boat and Boynton Beach Police Department response vessel.
e. For Coast Guard Auxiliary activities that are performed onsite for boat inspection programs
and boating safety courses.
f. City-approved special events and programming.
g. For ancillary uses or purposes related to the above-permitted uses, including public
parking, restrooms, concessions, defined as drinks, bait and tackle, pre-packaged foods,
and ice, marina industry-related retail, commercial and recreational fishing, charters, and
recreational rentals such as kayaks, boats, and canoes, as otherwise permitted by the City
Code.
The following activities are expressly prohibited at or on the Property:
a. All residential uses shall be prohibited on the Property.
b. All hotel or lodging uses shall be prohibited on the Property.
c. No restaurant use shall be permitted on the Property; however, this paragraph does not
prohibit the sale of concessions, defined as drinks, bait and tackle, pre-packaged foods,
and ice.
4. MODIFICATION AND TERMINATION.
No revisions, amendments, modifications, or termination of these Restrictive Covenants shall be
permitted unless specifically approved by the unanimous vote of the City Commission of the City
of Boynton Beach.
5. COVENANT RUNNING WITH THE LAND.
This Restrictive Covenant shall constitute a covenant running with the Property for the benefit of
the City and shall be binding upon the City's heirs, beneficiaries, personal representatives,
successors, and assigns.
6. ENFORCEMENT.
The City may enforce the provisions of this Restrictive Covenant by action at law or in equity
against any owner or their successors and assigns. This includes Code Enforcement actions
against any successor for violation of this Declaration. The trial venue for any litigation concerning
this Declaration shall be exclusively in the courts located in Palm Beach County, Florida. If any
action at law or in equity is necessary to enforce or interpret the terms of this Restrictive Covenant,
the prevailing party shall be entitled to reasonable attorneys' fees, costs, and necessary
disbursements in addition to any other relief to which such party may be entitled.
Page 2 of 6
7. WAIVER.
Failure of the City to enforce this Restrictive Covenant shall not be deemed a waiver of the right
to do so thereafter.
8. INVALIDATION.
Invalidation of any of these restrictive covenants by judgment or court order shall in no way affect
any other conditions that remain in full force and effect.
9. EFFECTIVE DATE.
This Restrictive Covenant shall become effective and enforceable upon execution and recording
in the Public Records of Palm Beach County, Florida.
10. TIME IS OF THE ESSENCE.
Time is of the essence regarding every obligation or restriction of this Restrictive Covenant.
11. RELEASES AND AMENDMENTS.
Any release or amendment not approved with the required formalities specified herein shall be
null and void.
(Signatures on the following page)
Page 3 of 6
IN WITNESS WHEREOF, the City of Boynton Beach, through its Mayor, has hereunto set
its authorized hand this 1 day of? j by r2024.
CITY: City of Boynton Beach, a Florida
municipal corporation
WITNESSES:
Ta my L. Sta '•ne
By: 1111510111W,- Za
Print Name Ty Penser. - ,,-.24117r"--
i DO
,<1DO C
Address C\c " a,o- --Y-.\35
Executed this day of '2024.
Pie II°pct (lave I
Print Name
Ivc� £ (k QC , f p-6i [itch rC3393S—
Address
3rAddress
STATE OF FLORIDA )
)SS
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me by means of E p ysical presence
or El online notarization, this /s}day of De_AT2024, by Ty Penserga as Mayor of Boynton
Beach who is personally known to mor has produced as identification.
SWORN TO AND SUBSCRIBED BEFORE M s /S day
2024. /
, auuuunuuiii � I
JESUS
UB(/�'' NOT ,�UBLIC
• � 02106.
:"_° \SS�oN = My Comission Expires:
Ms((.00 ,,22 _ Htf 6(151S
0-C) � a= Serial Number, if any:
,c.STATE OF �
SSION Nv
Page 4 of 6
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Harvey E. Oyer, Jr. Park
Parcel Control No. 08-43-45-15-03-000-0102
Address: 2010 N Federal Hwy, Boynton Beach, FL 33435
Legally Described As:
Lots 11 and 12, Sam Brown Jr.'s Subdivision, according to the plat thereof, recorded in Plat Book
1, Page fil., Public Records of Palm Beach County, Florida.
Together with a portion of Lot 10, Sam Brown Jr.'s Subdivision, according to the plat thereof,
recorded in Plat Book 1, Page 81, Public Records of Palm Beach County, Florida, more
particularly described as follows:
Beginning at the Southwest corner of Lot 10 of SAM BROWN JR. 'S HYPOLUXO SUBDIVISION,
according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm
Beach County, recorded in Plat Book 1, Page 81; thence Easterly along the South line of said Lot
10 a distance of 153.67 feet; thence Northerly at right angles to the preceding course a distance
of 50.95 feet; thence Westerly parallel to the South line of said Lot 10 a distance of 53.95 feet;
thence Northerly at right angles to the preceding course a distance of 7 .9 feet; thence Westerly
parallel to the South line of said Lot 10, a distance of 91.94 feet to the point in the West line of
said Lot 1 0; thence Southerly along the West line of said Lott 10, a distance of 59 .30 feet to the
Point of Beginning
Together with:
'Homesite'Tract,W.S. Shepard's Subdivision, according to the plat thereof, recorded in Plat Book
Page 8, Public Records of Palm Beach County, Florida.
Together with:
A parcel of submerged land in Lake Worth lying west of the City bulkhead line of the City of
Boynton Beach, Florida, and East of Lot 13 SAM BROWN JR.'S S/D in Section 15, Township 45
South, Range 43 East, as recorded in Plat-Book 1, Page 8, and as shown on W. S. SHEPARD'S
Plat of the SID of Lots 13, 14, and 15 of said SAM BROWN JR'S SID, being recorded in Plat Book
8, Page 8, Palm Beach County, Florida; being specifically described as follows:
From the Northwest Comer of the SW/4 of said Section 15, bear South 89° 13' 55" East along the
north line of said SW/4, a distance of 785.0 feet to the East right of way line of the Florida East
Coast Railway; thence South 8° 12' 00" West a distance of 1622.4 feet to the north line of said
Lot 13; thence South 89° 22' 00" East along the north line of said Lot 13, a distance of 1117. 7
feet to the shore of Lake Worth and the point of beginning; thence continue South 89° 22' 00"
East, a distance of 290.6 feet to said City bulkhead line; thence South 3 ° 21' 41" West, along
said bulkhead line, a distance of 151.97 feet to the south line of "Homesite" of Lot 13; thence
North 89° 22' 00" West along said lot line a distance of 283.5 feet to a point south of the point of
beginning; thence North along the former "Shoreline" to the Point of Beginning.
Page 5 of 6
Said Lands are situated in the City of Boynton Beach, Palm Beach County, Florida.
Containing 8.7860 Acres, more or less.
Page 6 of 6