R26-004 RESOLUTION NO. R26-004
1
2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
3 BEACH, FLORIDA, APPROVING THE RELEASE OF UNITY OF TITLE FOR
4 JOSIE'S RESTAURANT LOCATED AT 3047 N. FEDERAL HIGHWAY,
5 ALLOWING THE PREVIOUSLY UNIFIED PARCELS TO BE RELEASED IN
6 ORDER TO PROCEED WITH A REPLAT AND ASSOCIATED
7 DEVELOPMENT APPROVALS; AND FOR ALL OTHER PURPOSES.
8
9 WHEREAS,Josie's Restaurant, located at 3047 N. Federal Highway, Boynton Beach, Florida
10 ("Property"), consists of multiple parcels that were previously unified under a recorded Declaration
> > of Unity of Title to allow the parcels to function as a single development site under prior
12 development assumptions; and
13 WHEREAS, the Unity of Title was recorded in the Public Records of Palm Beach County,
14 Florida, on May 12, 2025, in Official Records Book 35740, Page 507; and
15 WHEREAS, Urban Design Studio ("Applicant") submitted a request to release the Unity of
lo Title to allow the property to be re-platted into several parcels, which is necessary to implement
17 the current development approvals, including the companion Future Land Use Map Amendment,
18 Rezoning, and New Major Site Plan applications associated with the proposed Josie's Restaurant
19 project; and
20 WHEREAS, approval of the Release of Unity of Title removes the legal restriction requiring
21 the parcels to remain unified and allows the property to proceed with the re-platting process, with
22 any future development of the resulting parcels remaining subject to separate review and
23 approval in accordance with the City's Land Development Regulations and applicable codes; and
2.1 WHEREAS, the City of Boynton Beach ("City") desires to release the Unity of Title from the
25 Property, and City Staff has reviewed the request and finds that the Unity of Title is no longer
26 required to meet City development regulations; and
27 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
28 best interests of the City's citizens and residents to authorize the Mayor to execute the Release of
29 Unity of Title, and have the Release recorded in the Public Records of Palm Beach County, Florida.
30
31
32
RESOLUTION NO. R26-004
33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
34 BEACH, FLORIDA, THAT:
35 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
36 being true and correct and are hereby made a specific part of this Resolution upon adoption.
37 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
38 approve the Release of Unity of Title, in form and substance similar to that attached as Exhibit A.
39 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby
400 authorize the Mayor to execute the Release of Unity of Title. The Mayor is further authorized to
41 execute any ancillary documents as may be necessary to accomplish the purpose of this
42 Resolution.
43 SECTION 4. Upon execution of the Release of Unity of Title, the City Clerk shall record
44 the Release of Unity of Title in the Public Records of Palm Beach County. The City Clerk shall
45 provide a copy of the recorded Release of Unity of Title to John Stout.
46 SECTION 5. This Resolution shall take effect in accordance with the law.
47
48 [signatures on the following page]
RESOLUTION
NO. R26-00449 PASSED AND ADOPTED this � - day of 2026.
50 CITY OF BOYNTON BEACH, FLORIDA
51 YES NO
52 Mayor— Rebecca Shelton ', 1
53 ,✓
54 Vice Mayor—Woodrow L. Hay
55 ✓
56 Commissioner—Angela Cruz
57
58 Commissioner—Thomas Turkin
59
60 Commissioner—Aimee Kelley
61
62 VOTE _5__ )'
63 ATTE :
64
65 1 f... it I !,
y_
66 Maylee D• J- s, MPA, C •ebecca Shelton
67 City Clerk 4. Mayor
68
69 =%OYNTON`\\� APPROVED AS TO FORM:
70 (Corporate Seal) ;' ��•c,cAVO'ilp�.•.•y,,,
71 SEAL •= s6
72 i ;INCORPORATED: 0 -S:A Vr2i I r4&)•
73 ,G. 6. 1920 •• %
4 � •
Shawna G. Lamb
t
.• ••• :
74 I. •••••••••
City Attorney
`". FLORID'
THIS INSTRUMENT BE
SHOULD BE RETURNED TO:
Christina Bilenk,Esq.
Miskel Backman,LLP
14 SE 4ih Street,Suite 36
Boca Raton,Florida 33432
(561)405-23241
RELEASE OF UNITY OF TITLE
.147
THIS RELEASE OF UNITY OF TITLE(the"Release")is made and entered into on the 0day
of 2026,by the City of Boynton Beach,Florida,a Florida municipal corporation("City").
WITNESSETH:
WHEREAS, a Unity of Title was recorded in the Public Records of Palm Beach County, Florida
on May 12,2025, in Official Records Book 35740, Page 507,a copy of which is attached on Exhibit"A"
hereto ("Unity of Title"), against the real property described on Exhibit "B", attached hereto (the
"Property");
WHEREAS,the City desires to release the Unity of Title from the Property;
WHEREAS, the administrative head of the Boynton Beach Department of Development has
approved this Release;and
WHEREAS,the Boynton Beach City Commission has approved this Release.
NOW THEREFORE, for a valuable consideration, the sufficiency of which is acknowledged by
the execution and acceptance of this Release,the City of Boynton Beach hereby releases the Property from
the Unity of Title and declares the Property free and clear of the operation and effect of same.Accordingly,
the Unity of Title is hereby deemed released, cancelled, terminated, and shall be of no further force or
effect with respect to the Property.
[SIGNATURES AND ACKNOWLEDGEMENTS APPEAR ON THE FOLLOWING PAGE]
IN WITNESS WHEREOF, the undersigned has executed this,Release of Unity of Title, as approved by
the Boynton Beach City Commission at its meeting on the r�U" day of , 2026.
Signed, sealed, and delivered CITY OF BOYNTON BEACH, FLORIDA,
the presence of:
tfrJjwL(3
a Floridamunicipal corporation
. � �
(Signature of First WiJtr,est By:
Cianna Figueroa Name: 5V,e.ltn,r.
(Printed Name of First Witness Title: Rotor-'
J
5
( ddress of First Witne
6D1T1JMAQ-
(Sign re of Second Witness)
eysiera Delorme
(Printed Name of Second Witness)
100 E Ocean Ave,Boytnnn BParh FL 33435
(Address of Second Witness)
A E T: ., 1 le � Appro as to form:
_ , afx./
Maylee lii__,sus, City Cle City Attorney's Office
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of[4physical presence or [ ] online
notarization this D a day of—co," , 2026, by l keeew.Sb.g ,, as'na..c4Q< of the City of
Boynton Beach, Florida, who [ 64 is personally known to me or [ 1 ] has produced
as identification.
..oomiumm440„
+O1 /0' I i,/&_'. 0,1 driaz &NIL
(Seal) - Notary Publ. , State of Flori.1911P
IF I
MY COMMISSION
EXPIRES 3-25-2027
% i OF f -� ,.
„,,7,9/,'...........1:„MBS ��
EXHIBIT"A"
Copy of Unity of Title
• • CFN 20250171571 •
OR BK 35740 PG 507
• RECORDED 511 21202 5 1:25 PM
Palm Beach County,Florida
Joseph Abrurt.o,Clerk
Pgs:507-510:(4p8s)
(Bosco Above This Ina Fa Roxedng Dao)
DECLARATION OF UNITY OF TITLE
NOW ALL MEN BY THESE PRESENTS, that SSRS VENTURES LLC (name
of Owner), pursuant to the ordinances of the City of Boynton Beach pertaining to the
issuance of building permits and regulating building construction activities, the
undersigned, being the fee owner of the following described real property situated in the
City of Boynton Beach, County of Palm Beach and State of Florida to-wit:
Addresses (if applicable) :
Received on 3047 N Federal Highway
' N Federal HighwayNAY
Planning&Zoning Legal descriptions and PCN: See Exhibit"A"attached hereto.
does hereby make the following declarations of condition, limitation and restriction 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 aforesaid plot or combination of separate lots, plots, parcels, acreage or
portions thereof, shall hereinafter be regarded and is hereby declared to be
unified under one (1)title as an indivisible building site.
2. That the said property shall be henceforth be considered as one (1) plot or
parcel of land, and that no portion thereof shall be sold, assigned, transferred,
conveyed or devised separately except in its entirety as one plot or parcel of
land.
The undersigned further agree(s) that this Declaration of Unity of Title shall
constitute a covenant to run with the land, as provided by law, and shall be binding
upon the undersigned, their heirs, successors and assigns, and all parties daiming
under them until such time as the same may be released in writing by the authority of
the administrative head of the Boynton Beach Department of Development and
approved by the City Attorney and the Mayor upon submittal of request, applicable fees
and evidence that the agreement is no longer required by law.
CFN 20250171571
OR BK 35740 PG 508
Pg:2 of 4
The undersigned also agrees that this instrument shall be placed of record in the office
of the Clerk of the Circuit Court of Palm Beach County, Florida.
Signed, sealed, witnessed and acknowledged this_ day of 111 ,r t^
,
20 J
es es:
•
14.WAYU
Signature 'f fitness Owner's Signature
rt ►�` . ) CSNINPrinted .me of Witness Print Name and Title
30-3 c 0 ►J- { At- 4i
Zj n '1A (Y / 33/ r
W/ e ddress
7gnature of Witness Own. Signatur
SCA J C 0C4 S'\ � c 1 1
Printed Name of Witness Print Name and Title tfiL N
C x" 00)04 9I
33-y3'�
�s Address
STATE OF '� ) ,^ )
f O l
COUNTY O )
I HEREBY CERTIFY that on thisS day of t71/\., , 20 4efore
e, by means of hysical presence or D online notarizatio-i, personally appeared
p r�Q,h( 'f`E t (' Uterhe known to be the persons described in and who
executed the foregoing instrument and they acknowledged to me the execution thereof
to be their free act and deed for the uses and purpose herein ment ned.
WITNESS my signature and official seal at= Yv in t e County and State
aforesaid. - - - �
DANIELLE DUTILY
( 1-1+4Notary Pub1 State o!Florida
•44ComraYssfo+ P HN 586061
o.ti: My Comm.Expires Oct 1,I028
Bondrd through National Notary Assn. -- — —
Notary Public
My Commission Expires:
. i a�a�
CFN 20250171571
OR BK 35740 PG 509
Pg:3 of 4
Received on
EXHIBIT"A" MAY 7 2025
LEGAL DESCRIPTION Planning'& Zoning
All that part of Lot C, of King's Subdivision, in Section 4,Township 46 South, Range 43 East,
Palm Beach County, Florida, as per plat recorded in Plat Book 20, Page 47, Palm Beach
County Records except the following part thereof:
Beginning at the Southwest (SW) corner of said Lot C, and running thence North along the
West tine thereof a distance of eighty (80) feet thence Easterly in a straight line to the
Southeast (SE) corner of said Lot C; thence running West along the South line of said Lot C
to the Point of Beginning and also less the Westerly 17 feet of said Lots.
Together with:
Lot 1 and Lot 1A of King's Subdivision, in Section 4,Township 46 South, Range 43 East, Palm
Beach County, Florida,as per plat recorded in Plat Book 20, Page 47, Public Records of Palm
Beach County, Florida; Less the Westerly 17 feet of said lots.
Parcel Identification Number: 08-43-46-04-12-000-0140; 04-43-46-04-12-000-0160; 08-43-
46-04-12-000-0150
Containing 58,486.17 Square feet or 1.34 Acres more or less.
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EXHIBIT"B"
Legal Description of Property
All the part of Lot C,of King's Subdivision,in Section 4,Township 46 South,Range 43 East,Palm Beach
County, Florida, as per plat recorded in Plat Book 20, Page 47, Palm Beach County Records, except the
following part thereof:
Beginning at the Southwest(SW)corner of said Lot C,and running thence North along the West line thereof
a distance of eighty(80) feet thence Easterly in a straight line to the Southeast (SE) corner of said Lot C;
thence running West along the South line of said Lot C to the Point of Beginning and also less the Westerly
17 feet of said Lots.
Together with:
Lot 1 and Lot 1 A of King's Subdivision, in Section 4, Township 46 South, Range 43 East, Palm Beach
County, Florida, as per plat recorded in Plat Book 20, Page 47, Public Records of Palm Beach County,
Florida; Less the Westerly 17 feet of said lots.
Parcel Identification Number:08-43-46-04-12-000-0140;04-43-46-04-12-000-0160;08-43-46-04-12-000-
0150
Containing 58,486.17 Square feet or 1.34 Acres more or less.
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