HomeMy WebLinkAboutR26-133 RESOLUTION NO. R26-133
1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, APPROVING THE WAIVER OF RIGHT OF FIRST
3 REFUSAL FOR THE PROPERTY LOCATED AT 1295 N. RAILROAD
4 AVENUE, BOYNTON BEACH, FL 33435, OWNED BY LACRETIA BIVINS;
5 AND FOR ALL OTHER PURPOSES.
6
7 WHEREAS, the property is located at 1295 N. Railroad Avenue, Boynton Beach, FL 33435,
8 is owned by Lacretia Bivins, and was purchased with assistance from the State Housing Initiatives
9 Partnership (SHIP) Program. $24,700.00 of the SHIP Program was secured by a thirty (30) year
10 interest-free deferred loan (third mortgage and promissory note), and an Agreement for Right of
11 First Refusal. This deferred payment loan was issued on June 29, 2010,; and
12 WHEREAS,the City has no interest in purchasing the property;therefore,the City has been
13 requested to waive the Right of First Refusal so the property can be sold; and
14 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
15 best interests of the City's citizens and residents to approve the Waiver of Right of First Refusal
16 for the property located at 1295 N. Railroad Avenue, Boynton Beach, FL 33435, owned by Lacretia
17 Bivins.
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 Waiver of Right of First Refusal for the property located at 1295 N. Railroad Avenue,
25 Boynton Beach, FL 33435, owned by Lacretia Bivins (the "Waiver"), in form and substance similar
26 to that attached as Exhibit A.
27 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
28 authorizes the Mayor to execute the Waiver. The Mayor is further authorized to execute any
29 ancillary documents necessary to accomplish the purposes of this Resolution.
30 SECTION 4. Upon execution of the Waiver by the City, the City Clerk shall provide the
31 Waiver to RJ Ramirez to forward to the Title Company.
RESOLUTION NO. R26-133
32 SECTION 5. This Resolution shall take effect in accordance with the law.
33 [SIGNATURES ON THE FOLLOWING PAGE]
34
RESOLUTION NO. R26-133
35 PASSED AND ADOPTED this n day of �c,� c.. g �- 2026.
36 CITY OF BOYNTON BEACH, FLORIDA
37 YES NO
38 Mayor- Rebecca Shelton �L
39
40 Vice-Mayor-Thomas Turkin 0.-b
41
42 Commissioner-Angela Cruz
43
44 Commissioner- Mack McCray
45
46 Commissioner-Aimee Kelley
47
48 VOTE 'd
49 ATTEST:
50
34//-
51 .#_ d4.# , 00-t.J CIt.�-
52 Tammy Stanzi-�ne, CMC � Rebecca Shelton
53 City Clerk Mayor
54
55 _="gOYNTQ"%�� APPROVED AS TO FORM:
56 (Corporate Se.;�:�oPLiRaT•.•6c70,
57 i ' � �
SEAL ��� )
U• '_ G�Gl/a dm.
58 : INCORPORATED:
59 .41 1 920 ; Shawna G. Lamb
60 I'� City Attorney
����ECORIDI\
This instrument prepared by:
Ian Gregorchik,Office of the City Attorney
City of Boynton Beach, Post Office Box 310
Boynton Beach, Florida 33425-0310
Return to:
City Attorney
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33425-0310
WAIVER OF RIGHT OF FIRST REFUSAL
The CITY OF BOYNTON BEACH, FLORIDA (the "CITY"), a Florida municipal corporation, being the
owner, holder,and beneficiary of a right of first refusal recorded in Official Records Book 23930, Page 288,
of the Public Records of Palm Beach County, Florida, on any sale or resale or transfer of the real property
located at 1295 N. Railroad Avenue, Boynton Beach, FL 33435, hereby acknowledges that it has been
offered the following described land pursuant to its right of first refusal, and the CITY hereby waives its
right to exercise such right of first refusal to purchase the property for the following described transaction:
Owner: Lacrecia Bivins
Recipient: The property is being sold to Open Property Trust I (buyer),for the sum
of$358,600.00.
PROPERTY DESCRIPTION: Lot 2, Block 10, Happy Home Heights, according to the Plat
thereof, as recorded in Plat Book 11, Page 30, of the Public
Records of Palm Beach County, Florida. Together with: The
West 15.0 feet of that portion of the 65.0 foot right-of-way for
Dixie Highway (now Railroad Avenue) lying East of and
adjacent to Lot 2, Block 10,Happy Home Heights,according to
the plat thereof as recorded in Plat Book 11, Page 30, Public
Records of Palm Beach County, Florida, bounded as follows:
on the North by the Easterly extension of the North line of said
Lot 2 and on the South by the Easterly extension of the South
line of said Lot 2.
If the above referenced transaction does not close,then the City's right of first refusal shall be reinstated
and shall be fully applicable to any successive transactions.
[SIGNATURE PAGE FOLLOWS]
CITY OF BOYNT���:EACH, FLORIDA Approved as to form by
By: Offi of the Cityr��/f'Jy
Rebecca Shelton, Mayor
'o(Nro
ATTEST: j CLQ— �'�g • .... N�1 11
Tammy Stanzion , City Clerk O:C,pE�PORgT4'•••• 11
_I_: SEAL .=11
t U•
I
STATE OF FLORIDA ) �� INCORPORATED;
ss: 111 • 1920 •/ 0.
11
COUNTY OF PALM BEACH ) w� % FLORVOP.'
`l‘' . .,-
The foregoing instru ent was acknowledged before me by means of�ysical presence or ❑
online notarization, this 5day of & S+ , 2026 , by Rebecca Shelton, as Mayor and
authorized representative of the City of Boynton Beach, Florida,who issonally known to me or who
has ❑ produced as identification. ���"
Q�,1�1.11 CO
NOTA Y PUBLIC
,.,Yp„., KEYSIERA DELORME
o'j.�*:Notary Public-State of Florida
�� _ Commission#HH 320719 rinteNae:
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