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R26-007 RESOLUTION NO. R26-007 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING A DECLARATION OF RESTRICTIVE 3 COVENANTS FOR 670 OAK STREET; AND FOR ALL OTHER PURPOSES. 4 5 WHEREAS, the City is under contract to purchase that certain real property located at 670 6 Oak Street, Boynton Beach, Florida 33435; and 7 WHEREAS, as a condition of the sale, the seller requires the City to record a Restrictive s Covenant that would preserve certain characteristics of the Property while maintaining the City's () residential development rights; and 10 WHEREAS, once the Restrictive Covenant is recorded in the Public Records of Palm Beach I I County, it will impose requirements on the Property; and 12 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 13 best interests of the City's citizens and residents to approve a Declaration of Restrictive Covenants 14 for 670 Oak Street and proceed with the purchase of the Property. 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON IT BEACH, FLORIDA, THAT: 18 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Resolution upon adoption. 20 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 21 approve a Declaration of Restrictive Covenants for 670 Oak Street (the "Restrictive Covenant"), in 22 form and substance similar to that attached as Exhibit A. 23 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 24 authorizes the Mayor to execute the Restrictive Covenant. The Mayor is further authorized to 25 execute any ancillary documents as may be necessary to accomplish the purpose of this 26 Resolution. 27 SECTION 4. Upon execution of the Restrictive Covenant by the City, the City Clerk shall 2s record the Restrictive Covenant in the Public Records of Palm Beach County. The City Clerk shall 29 provide a copy of the recorded Restrictive Covenant to Gail Mootz. 30 SECTION 5. This Resolution shall take effect in accordance with the law. RESOLUTION NO. R26-007 31 32 PASSED AND ADOPTED this ©141 day of c'lrltita ii 2026. 33 CITY OF BOYNTON BEACH, FLORIDA 34 YES ES NO 35 Mayor— Rebecca Shelton 36 37 Vice Mayor—Woodrow L. Hay l' 38 39 Commissioner—Angela Cruz 40 41 Commissioner—Thomas Turkin L./ 42 43 Commissioner—Aimee Kelley 44 45 VOTE 0 46 A T: 47 48 1.A.'1 0 — -Y 49 Mayl=- rig- esus, MP', MMC Rebecca Shelton 50 City Cle Mayor 51 52d.F gOYNTpti�� APPROVED AS TO FORM: 53 (Corporate Seal) ; .0 oRPOR• 1% 541 SEAL : /M' V/Z 55 : INCORPORATED: i 56 �GI 1920 I. Shawna G. Lamb 57 14 City Attorney �`�.F�ORIDP Document prepared by and return to: Stacey R.Weinger, Esq. City Attorney's Office PO Box 310 Boynton Beach,Florida 33425 PCN No. 08-43-45-15-06-002-0620 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Restrictive Covenant") made this ' day of JGrL&ct 2026 by the City of Boynton Beach, a Florida municipal corporation (hereinafter referred to as "C ty")for itself and its successors and assigns. WITNESSETH WHEREAS, City is the fee simple title owner of that certain real property located at 670 Oak Street, Boynton Beach, Florida 33435, and legally described in Exhibit "A," attached hereto and incorporated herein (hereinafter referred to as the "Property"); and WHEREAS, the City intends to preserve certain characteristics of the Property while maintaining its residential development rights; and WHEREAS, the City intends 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 5 3. RESTRICTIONS/REQUIREMENTS FOR THE PROPERTY. City hereby declares that the Property shall be subject to the following restrictions: a. Height Restriction. Any structure or building constructed on the Property shall not exceed a maximum height of thirty-six feet (36') and two (2) habitable stories. Height shall be measured from the finished floor of the building to the highest point of the roof for flat roof, to the deck line for parapet roofs, and to the midpoint between the eaves and ridge for a gable, hip, or mansard roof, excluding chimneys, antennas, stairwells, elevator house, decorative architectural features, and similar appurtenances. b. Structured Parking and Dry Stack Prohibition. No structured parking facilities, including but not limited to, multi-level parking garages, parking decks, or above-ground parking structures, shall be constructed on the Property. This prohibition also includes dry stack boat storage. This prohibition does not preclude surface parking lots, carports, understory parking, or ground-level garages that are accessory to structures. c. Development Rights Preservation. Nothing in this Restrictive Covenant shall be construed to preclude or limit the development of the Property in accordance with the residential development rights permitted under the current zoning designation (R3—R3 Multi Family, 11 DU/AC), as may be amended from time to time, or any subsequent zoning that may apply to the Property, subject to the restrictions set forth in this Declaration. With the exception of the restrictions set forth in this section, the Property shall be used for any of the allowable uses within the REC zoning district, with minimum setbacks of 25' and a maximum building square footage of 32,500 shall apply specially to the 670 Oak Street property (Containing 1.24 acres, more or less) and adjacent right of way of Oak Street if abandoned. 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 land and shall be binding upon the Property, and all current and future owners of the Property, including their heirs, beneficiaries, personal representatives, successors, and assigns. The City of Boynton Beach, and its successors and assigns, shall be the beneficiary of this Restrictive Covenant and shall have the right to enforce all provisions herein against any owner of the Property or their 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, Page 2 of 5 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. 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 5 IN WITNESS WHER OF, the CityJ of Boynton Beach, through its Mayor, has hereunto set its authorized hand this �T day of , )cinua 2026. CITY: City of Boynton Beach, a Florida municipal corporation WITNESSES: J Cianna Figueroa By: Print Name Rebecca Shelton, Mayor 100 E Ocean Ave,Boytnon Beach FL 33435 CITY ATTORNEY'S F E Address Approvi1 as to form a f 11 '4):-Q11/0 UtlitYYC ByJCJ'►/ th i Executed thisfay of,_� 2026. eysiera Delorme Print Name 100 E Ocean Ave,Boytnon Beach FL 33435 Address STATE OF FLORIDA )SS COUNTY OF PALM BEACH ) The foregoing instrument was ackn wledged before me by means of physical presence or online notarization, this-9Q day ofj-tfluun 2026, by Rebecca Shelton as Mayor of Boynton Beach who is personally known to me.,.,�r has produced as identification. SWORN TO AND SUBSCRIBED BEFORE M his • 2026. l` NOT•R�'UBLIC P B(CS My Commission Expires: • MM`SS�ON Serial Number, if any: GO4X \RS222029 co 9TE of � �`, SSS 6NN11M6........ m Page 4 of 5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Parcel Control No. 08-43-45-15-06-002-0620 Address: 670 Oak Street, Boynton Beach, FL 33435 Legally Described As: That tract of land marked on W.S. Shepard's Plat of the Subdivision of Sam Brown Jr.'s Subdivision of the South 1/2 of fractional Section 15, Township 45 South, Range 43 East, said Plat being on record in Palm Beach County, Florida, in Plat Book 8, Page 8, and the land being marked on said Plat"Reserve" lying east of Lot 1, Block 2, and extending to Lake Worth and being 146.7 feet North and South and 400 feet East and West, more or less, extending to Lake Worth, and all riparian rights, less the West 25 feet thereof. Also, that certain tract of land lying between the North and South Boundary lines of the aforesaid parcels of land referred to herein as "Reserve," said land being described and dedicated as Palm Way on the aforementioned W.S. Shepard's Plat. Said Lands are situated in the City of Boynton Beach, Palm Beach County, Florida. Containing 1.24 Acres, more or less. Page 5 of 5