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R16-048 RESOLUTION R16 -048 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING A QUIT -CLAIM DEED FROM THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR 1204 NW 1 STREET AND A PORTION OF 133 W. MLK JR., BLVD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the CRA previously acquired the property located at 1204 NW 1 Street 1 II from the Palm Beach County School Board; and 1 WHEREAS, the CRA is now offering to convey the property to the City but in order to 1 do that the CRA had to obtain the consent from the Palm Beach County School Board, which 1 ; has been accomplished; and 1 WHEREAS, the purpose of acquiring the property is to provide for access from NW 1 11 Avenue to NW 1 Street; and 1;. WHEREAS, this will provide better access and traffic circulation to Poinciana 1 ' Elementary School and acceptance of the deed from the CRA will permit the City to make the 13 necessary improvements to allow for access from NW 11 Avenue to NW 1 Street. 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2' being true and correct and are hereby made a specific part of this Resolution upon adoption 2; hereof. 2 Section 2. The City Commission hereby accepts the Quit -Claim Deed from the 2 Boynton Beach Community Redevelopment Agency for 1204 NW 1 Street and a portion of 2. 133 W. MLK Jr., Blvd., a copy of which is attached hereto as Exhibit "A ". 2 ' Section 3. That this Resolution shall become effective immediately upon passage. S: \CC \WP\Resolutions\2016 \R16 -048 Accept_QCD_from_CRA_for 1204_NW_lst_St_and_133_MLK_Jr Blvd.docx 2; PASSED AND ADOPTED this lay of March, 2016. 2 CITY OF BOYNTON BEACH, FLORIDA 31) 3 YES NO 3, 3 ; Mayor — Jerry Taylor 3 3') Vice Mayor — Joe Casello 3 ;b 3 ' Commissioner — Justin Katz 3;; 3'I Commissioner — Mack McCray 40 4 Co mmissioner — Michael M. Fitzpatrick 4' 4; 4 VOTE 4 ,, 4;) ATTEST: 4 ' 50 �_ dith- A. Pyle, CM 51 /nterim City Clerk 5 � cwt 5'� (Corporate Seal).9 ,1 °R< S: \CC \WP\Resolutions \2016\R16 -048 Accept_QCD_from_CRA for _ 1204_ NW_ 1st_St_and_133_MLK_Jr_Blvd.docx Prepared by and to be Returned to: Kenneth W. Dodge,'Esquire Lewis, Longman & Walker, P.A. 515 North Flag ler Drive, Suite 1500 West Palm Beach, Florida 33401 Telephone: (561) 640 -0820 QUITCLAIM DEED THIS QUITCLAIM DEED made the day of , 2015, by BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes, whose address is 710 N. Federal Highway, Boynton Beach, Florida 33435 (hereinafter called the "Grantor "), to THE CITY OF BOYNTON BEACH, a Florida municipal corporation, whose address is 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435 (hereinafter called the "Grantee "): WITNESSETH, that said Grantor, for and in consideration of the sum of TEN and NO /100 ($10.00) DOLLARS, in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece of parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to wit: See Exhibit "A" TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use and benefit of the said Grantee forever. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in BOYNTON BEACH COMMUNITY the presence of: REDEVELOPMENT AGENCY Witness By: Printed Name of Witness Its: Witness Printed Name of Witness STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2015, by of Boynton Beach Community Redevelopment Agency, who is [ 1 personally known to me or [ 1 has produced as identification. NOTARY PUBLIC 00576777.1 - Exhibit "A" Parcel 1: Lot 5, Block 3, Plat of Poinciana Heights, according to the map or plat thereof as recorded in Plat Book 26, Page 183, Public Records of Palm Beach County, Florida. AND Parcel 2: The South 10 feet of Lots 20 and 21, Block 1, The Frank Webber Addition according to the map or plat thereof as recorded in Plat Book 9, Page 3, Public Records of Palm Beach County, Florida. 00576377.1 CONSENT TO CONVEYANCE WHEREAS, the School Board of Palm Beach County, Florida, (`School Board ") conveyed certain property more particularly described as Lot 5, Block 3, Poinciana Heights, according to the Plat thereof, as recorded in Plat Book 26, Page 183, of the Public Records of Palm Beach County, Florida, (the "Property") to the City of Boynton Beach Community Redevelopment Agency ( "CRA ") by Special Warranty Deed recorded in Official Record Book 27745, Page 511, Public Records of Palm Beach County, Florida (the "Deed "); and WHEREAS, the Deed contains a reverter provision that .states in relevant part: "should Grantee attempt to convey the Property to any third -party or should the Property not be used by Grantee for a public purpose for a period of twelve consecutive months, the Property shall automatically revert to Grantor." WHEREAS, the CRA wishes to convey the Property to the City of Boynton Beach (the "City "), and the City has agreed to take title to the Property subject to the reverter provision in favor of the School Board; and WHEREAS, the City and CRA have requested that the School Board execute this Consent to Conveyance memorializing that the School Board has consented to the . conveyance of the Property by the CRA to the City, subject to the reverter provision in favor of the School Board 'being applicable to the City, and that upon such conditions, the School Board does not consider such conveyance to be a trigger to the reverter provision in the Deed; and NOW THEREFORE, in consideration of the City's acknowledgment and acceptance of title to the Property subject to the reverter provision in favor of the School Board and, its continued applicability to the City, the School Board does hereby consent to the conveyance by the CRA to the City. THE SCHOOL O \ "D OF PALM BEACH. • COUNTY, FL j DA . CORPORATE SEAL BY ,a Chuck S , h., it an BY s? Board Approval Date: t Lit Cy [IS' Robert M. Avossa, Ed.D., S perintendent REVIEWED AND APPROVED AS TO LEGAL FORM /!4 Digitally signed by Blair Littielohn Date: 2015.11.23 1111:39 - 05'00' School Board Attorney STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by Chuck Shaw and Robert M. Avossa, as Chairman and Superintendent, respectively, of The School Board of Palm Beach County, Florida, a corporate body politic, freely and voluntarily on behalf of said corporate body politic. They are personally known to me. WITNESS my hand and official seal in the Coung and State last aforesaid this PI day of b.ec.-e -f 14-tA, , 2015. / • � 1a l 'LL44-L_ public My Commission Expires: /) c ! . SWt Y' w Nancy J. ViIfarreai Pint Name c 7, Commission #EE851207 , 'y' Ex Jan. 08 2017 F tl �Q� BONDED THRU `'„ MA NOTARY A SURETY BONDS