R26-120 RESOLUTION NO. R26-120
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
3 EXECUTE A DECLARATION OF RESTRICTIVE COVENANTS FOR THE
4 BOYNTON FOREST PROPERTY TO PRESERVE AND PROTECT THE
5 PROPERTY FOR CONSERVATION AND NATURAL HABITAT PURPOSES;
6 AUTHORIZING THE CITY CLERK TO RECORD THE DECLARATION IN
7 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
8 PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
9
10 WHEREAS, the City of Boynton Beach ("City") is the fee simple title owner of that certain
11 real property known as Boynton Forest, comprised of four (4) parcels located in Palm Beach
12 County, Florida, bearing Palm Beach County Folio Nos. 00-43-45-19-04-006-0260 (approximately
13 5.71 acres), 00-43-45-19-03-006-0080 (approximately 6.85 acres), 00 43 45 19 00 000-3010
14 (approximately 1.66 acres), and 00-43-45-19-04-008-0200 (approximately 0.81 acres), totaling
15 approximately 15.03 acres, more or less, and more particularly described in Exhibit "A" to the
16 Declaration of Restrictive Covenants attached hereto (collectively, the "Property"); and
17 WHEREAS, the City Commission finds that preserving the Property in its existing, natural,
18 vegetative, hydrologic, and ecological condition serves a compelling public interest and is
19 consistent with the City's long-term conservation and open space goals; and
20 WHEREAS, the City Attorney's Office has prepared a Declaration of Restrictive Covenants
21 (the "Declaration") that, upon execution and recordation in the Public Records of Palm Beach
22 County, Florida, will restrict the use of the Property to conservation and natural habitat
23 preservation purposes; and
24 WHEREAS, the Declaration includes a specific reservation under Section 4 that preserves
25 the City's right to construct, install, and maintain a sanitary sewer lift station and associated utility
26 infrastructure within a defined corridor of the Property in proximity to Quentin Boulevard or
27 Nickels Boulevard, subject to prior City Commission approval and applicable permitting
28 requirements, for the purpose of providing sanitary sewer service to the surrounding community
29 in the future; and
30 WHEREAS, the City Commission has reviewed the Declaration and finds that its approval
31 is in the best interests of the City and the public,
32
RESOLUTION NO. R26-120
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 hereby approves the Declaration of Restrictive
38 Covenants for the Boynton Forest Property in substantially the form attached hereto as Exhibit A
39 and incorporated herein by this reference.
40 SECTION 3. The Mayor is hereby authorized and directed to execute the Declaration of
41 Restrictive Covenants on behalf of the City of Boynton Beach.
42 SECTION 4. The City Clerk is hereby authorized and directed to submit the fully
43 executed Declaration of Restrictive Covenants to the Clerk of the Circuit Court of the Fifteenth
44 Judicial Circuit for recordation in the Public Records of Palm Beach County, Florida, and to retain
45 a conformed copy in the official records of the City.
46 SECTION 5. This Resolution shall take effect in accordance with the law.
47 [SIGNATURES ON THE FOLLOWING PAGE]
48
RESOLUTION NO. R26-120
49 PASSED AND ADOPTED this 1 day of 2026.
50 CITY OF BOYNTON BEACH, FLORIDA
51 YES NO
52 Mayor– Rebecca Shelton ✓
53
54 Vice-Mayor–Thomas Turkin ./
55
56 Commissioner–Angela Cruz ✓
57
58 Commissioner– Mack McCray •�
59
60 Commissioner–Aimee Kelley ✓
61
62 VOTE 5-
63 ATTEST:
64 Cg
65 �
66 Tammy Stan one, CMC L-9 Rebecca Shelton
67 Interim City Clerk Mayor
68 'of BOy7N
69 V��y •••coRPo TO,k11 APPROVED AS TO FORM:
70 (Corporate Seal) ; ••� 9�. W
71 I /NCL
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72 �'c :•49, r4.0 s. Q,�f//7! arl76
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73
D
Shawna G. Lamb
74 `�� R'/DA := City Attorney
This instrument prepared by and return to:
Stacey R. Weinger, Esq.
Office of the City Attorney,City of Boynton Beach
100 East Ocean Avenue, Boynton Beach, Florida 33435
Folio Nos.:
00-43-45-19-04-006-0260 (5.71 Acres, more or less)
00-43-45-19-03-006-0080 (6.85 Acres, more or less)
00-43-45-19-00-000-3010 (1.66 Acres, more or less)
00-43-45-19-04-008-0200 (0.81 Acres, more or less)
DECLARATION OF RESTRICTIVE COVENANTS
BOYNTON FOREST
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration") made this 7 day of .7u1H ,
2026 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, commonly known as the Boynton Forest, and legally described in Exhibit "A", attached
hereto and incorporated herein (hereinafter referred to as the "Property"); and
WHEREAS, CITY intends to use the Property for the purposes as outlined herein; and
WHEREAS,it is the intent of the CITY to preserve the Property in its natural,vegetative,hydrologic,
scenic, open, and wooded condition as habitat for native plants and wildlife, and to restrict its use
accordingly; and
WHEREAS, it is the intent of the CITY that this Declaration,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, 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 set forth above are true and correct and are incorporated into this Declaration.
2. EXHIBITS.
Any exhibits referenced herein are incorporated into and made a specific part hereof, whether or not
physically attached hereto.
3. RESTRICTIONS/REQUIREMENTS FOR THE PROPERTY.
CITY hereby declares that the Property shall be solely used to retain the areas in their existing, natural,
vegetative, hydrologic, scenic, open, or wooded condition and to retain such areas as a suitable
habitat for plants, and/or wildlife. The following activities are expressly prohibited at or on the
Property:
a. Construction or placing of buildings, roads, signs, billboards, or other advertising, utilities, or
other structures on or above the ground, except as expressly reserved in Section 4 of this
Declaration;
b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of
trash,waste, or unsightly or offensive materials;
c. Removing, destroying, or trimming trees, shrubs, or other vegetation, except:
I. The removal of dead trees and shrubs is authorized;
II. The removal of noxious or exotic invasive plant species as listed on the most
recent Florida Exotic Pest Plant Council's List of Invasive Species is authorized;
and
III. Activities conducted in accordance with a wildfire mitigation plan approved by
the CITY.
d. Excavation,dredging,or removal of loam, peat,gravel, soil, rock,or other material substance
in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to remain in its natural or
restored/enhanced/created condition;
f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil
conservation, or fish and wildlife habitat preservation, including, but not limited to, ditching,
diking, clearing, and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or water areas; and
h. Acts or uses which are detrimental to the preservation of the structural integrity or physical
appearance of sites or properties having historical, archaeological, or cultural significance.
4. UTILITY INFRASTRUCTURE EXCEPTION.
Notwithstanding the restrictions set forth in Section 3 of this Declaration,the CITY reserves the right
to construct, install, operate, maintain, repair, replace, and remove a sanitary sewer lift station and
associated appurtenances, force main piping, electrical service, and utility infrastructure on that
portion of the Property located in proximity to Quentin Boulevard or Nickels Boulevard, as may be
further defined or described in a future easement or recorded instrument(the"Utility Corridor").The
exercise of rights under this Section shall be subject to: (a) prior approval by the City Commission of
the City of Boynton Beach; (b) all applicable local, state, and federal permits and approvals; and (c)
limitation of the installation footprint to the minimum area reasonably necessary for the construction,
operation, and maintenance of the lift station. Any installation authorized under this Section shall be
designed and constructed to minimize disturbance to the surrounding natural areas of the Property,
and the exercise of rights under this Section shall not expand or otherwise modify the restrictions
applicable to the remainder of the Property under Section 3 of this Declaration. Following any
construction or maintenance activity under this Section,the CITY shall restore all disturbed areas lying
outside the permanent installation footprint to their pre-disturbance natural condition to the extent
reasonably practicable.
5. MODIFICATION AND TERMINATION.
No revisions,amendments,modifications,or termination of this Declaration shall be permitted unless
specifically approved by the unanimous vote of the City Commission of the City of Boynton Beach.
6. COVENANT RUNNING WITH THE LAND.
This Declaration of Restrictive Covenant shall constitute a covenant running with the Property for the
benefit of the CITY, and shall be binding upon the CITY and any subsequent owner of the Property,
together with their respective successors and assigns.
7. ENFORCEMENT.
The CITY may enforce the provisions of this Declaration of 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 in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County,
Florida,or,where jurisdiction is proper,the County Court in and for Palm Beach County, Florida. If any
action at law or in equity is necessary to enforce or interpret the terms of this Declaration of
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.
8. WAIVER.
Failure of the CITY to enforce this Declaration of Restrictive Covenant shall not be deemed a waiver
of the right to do so thereafter.
9. INVALIDATION.
This Declaration of Restrictive Covenant shall be recorded in the public records of Palm Beach County,
Florida, and shall become binding upon recordation. Invalidation of any one of these restrictive
covenants by judgment or court order shall in no way affect any other conditions which remain in full
force and effect.
10. EFFECTIVE DATE.
This Declaration shall become effective and enforceable upon recordation in the Public Records of
Palm Beach County, Florida.
11. TIME IS OF THE ESSENCE.
Time is of the essence regarding every obligation or restriction of this Declaration.
12. RELEASES AND AMENDMENTS.
Any release or amendment not approved with the required formalities as specified herein shall be
null and void.
[Space is Intentionally Blank]
IN WITNESS WHEREOF,the CITY has caused this Declaration to be executed by its duly authorized officers
this r% day of 3v14 , 2026.
CITY OF BOYNTON BEACH,a Florida municipal corporation
100 East cean Avenue, Boynton Beach, Florida 33435
By:
Rebecda Shelton, Mayor
N.
ATTEST: ��l OFGo O oNTp� %�
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Tammy Stanziolfe, Interim ity lerk �NCO/�p`�I, i
19OR4tz •
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Appr�!�ed as to For ;/Legal Sufficiency: "��?!DA•••
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Office of the City Attorney
STATE OF FLORIDA )
)SS
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me by means of 63'physical presence or O online
notarization this kh day of IUlU , 2026, by Rebecca Shelton, as Mayor of the City of Boynton
Beach, a Florida municipal corporation, on behalf of the municipal corporation, who is personally known
to me or who has produced as identification.
4414.14440..-
Notary
Public,State of Florida
Print Name:CC—Iv cou f- a =e, " CIMINAA.FIGUEROA
1 4t~, 24317 % `:s MY COMMISSION aCHH799179
My Commission Expires:
•�`' EXPIRES:May 4,2030
Commission No.:441 1 gY74
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
(All parcels located in Palm Beach County, Florida)
Parcel 1 Nickels Blvd.
Folio No.:00-43-45-19-04-006-0260
Legal Description: WEST BOYNTON PLAT 2C LTS 26 THRU 49 BLK 6, ABND NOREEN AVE LYG N OF & ADJ
TO&ABND OBERON AVE LYG S OF&ADJ TO, LTS 26 THRU 49 BLK 7,ABND PANDORA AVE LYG S OF&ADJ
TO, LTS 26 THRU 49 BLK 8& LTS 26 THRU 37 BLK 9
Approximate Area: 5.71 Acres, more or less
Parcel 2 Nickels Blvd.
Folio No.:00-43-45-19-03-006-0080
Legal Description: WEST BOYNTON PLAT 2B LTS 8 TO 31 INC BLK 6, LTS 8 TO 31 INC BLK 7, LTS 8 TO 31 INC
BLK 8, LTS 8 TO 31 INC BLK 9, LTS 8 TO 31 INC BLK 10
Approximate Area: 6.85 Acres, more or less
Parcel 3 Javert Street
Folio No.: 00-43-45-19-00-000-3010
Legal Description: WEST BOYNTON PLAT 2B ABND PT OF GENEVRA AVE, HARLOWE AVE, IVANHOE AVE,
KITELY AVE,LOTHAIR AVE&MARLOW AVE LYG W OF NICKELS BLVD&ADJ TO BLKS 6,7,8,9,&10 THERETO
Approximate Area: 1.66 Acres, more or less
Parcel 4 Pandora Ave.
Folio No.: 00-43-45-19-04-008-0200
Legal Description: WEST BOYNTON PLAT 2-C LTS 20 THRU 25 & 50 THRU 56 BLK 8 & S 20 FT ABND
PANDORA AVE LYG N OF&ADJ TO
Approximate Area:0.81 Acres, more or less
Total Approximate Area: 15.03 Acres, more or less