R19-0111
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RESOLUTION NO. R19- 011
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING RELEASE OF A UNITY OF
TITLE RELATED TO LOTS 4 & 5 IN THE QUANTUM
PARK AT BOYNTON BEACH PID PLAT NO.2 AKA 2600
QUANTUM BOULEVARD; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, 2600 Quantum Blvd., LLC, the owner of the property located at 2600
Quantum Boulevard has requested the termination and release of the Unity of Title that affects
such property and adjacent property; and
WHEREAS, the owner of the property is agreeable to recording a Declaration of
Restrictive Covenants that extends the required setback to the adjacent property by twelve (12)
feet; and
WHEREAS, the City Staff has reviewed the request and recommends release the
Property from the operation and effect of the Unity of Title encumbering the Property recorded
in Official Records Book 6099, Page 871, Public Records of Palm Beach County, Florida
subject to the conditions hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OP'
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and incorporated
by this reference.
Section 2. The City Manager is hereby authorized and directed to sign the Release
f Unity of Title, a copy of which is attached hereto as Exhibit "A". The City Attorney is
to retain possession and to delay recording of the Release until such time as:
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A. The Property Owner has submitted to the Development Department a parking
analysis/opinion from professional third party planner or engineer that the parking
provided on the lots on which the property owners building is located satisfies the
required parking pursuant to the City Land Development and parking regulations; and
B. The City Development Director or his designee provides the City Attorney that the
analysis/opinion referred to above is acceptable to the Development Deportment and is
in accord with City Land Development and parking regulations.
C. The City Attorney is provided with a copy of the Declaration of Restrictive Covenants
attached as Exhibit `B" following recordation by the property owner.
Section 3. This Resolution shall become effective immediately upon passage but
will automatically be rescinded if the conditions stated in Section 2 A and B above are not
completed by April 15, 2019.
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PASSED AND ADOPTED THIS DAY OF JAA/q�, 2019.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Stephen B. Grant
Vice Mayor — Christina L. Romelus _
Commissioner — Mack McCray _
Commissioner — Justin Katz
Commissioner — Aimee Kelley _
VOTE 5�
ATTEST
IPJ
Pyle, CMC, Ciq Clerk
(Corporate Seal)
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09 —O 1 (
CFN 20190039466
OR BK 30398 PG 536
RECORDED 02/04/2019 15:30:09
Palm Beach County, Florida
AMT
Sharon R. Bock
Record and return to: CLERK&COMPTROLLER
Pgs 0536-0540; (5Pgs)
David B. Norris,Esq.
Cohen,Norris,et al.
712 U.S.Highway One,Suite 400
North Palm Beach,Florida 33408
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration") is
entered into this day of 2018
2018 by 2600 QUANTUM BLVD, LLC, a Florida
Limited Liability Company, whose addr s is 2600 Quantum Boulevard, Boynton Beach, Florida
33426 ("Declarant").
RECITALS
A. Declarant is the fee simple owner of certain real property located in Palm Beach
County, Florida, as more particularly described in Exhibit "A" attached hereto and made part
hereof(the"Property"). This Property is vacant.
B. Declarant also owns the real property next to the Property as described in Exhibit
"B" attached hereto ("Property B"). The improvements located on Property B are seven (7) feet
from the property line between Property B and the Property.
C. The required setback for each of these properties is twenty(20) feet.
D. Declarant is interested in possibly selling the Property or developing the same.
E. In order to be able to sell and/or develop the Property,Declarant deems it desirable
and in the best interests of all present and future owners of the Property that the Property be held
subject to the restrictions as set forth herein.
NOW, THEREFORE, for good and valuable consideration, the mutual receipt and
sufficiency of which is hereby acknowledged by each of the undersigned parties, Declarant
agrees as follows:
1. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. Declarant hereby imposes on the Property the following restriction:
a. So long as the improvements on Property B continue to be located seven (7)
feet from the property line between Property B and the Property, the required setback for the
Property from such property line shall be thirty-three (33) feet. At such time as the
improvements on Property B are removed or relocated to at least twenty (20) feet from the
property line between Property B and the Property,this restriction shall terminate.
I
CFN 20190039466
BOOK 30398 PAGE 537
2 OF 5
3. It is the intention of Declarant that the restrictions contained in this Declaration
shall touch and concern the Property, run with the land and with the title to the Property, and
shall apply to and be binding upon and in inure to the benefit of the successors and assigns of
Declarant and to the City of Boynton Beach, its successors and assigns,and to any and all parties
hereafter having any right title or interest in the Property or any part thereof. The City of
Boynton Beach, its successors or assigns may enforce the terms and conditions of this
Declaration by injunctive relief and other appropriate available legal remedies. Any forbearance
on behalf of the City of Boynton Beach to exercise its right in the event of a failure of Declarant,
its successors or assigns to comply with the provisions of this Declaration shall not be deemed or
construed to be a waiver of the City of Boynton Beach's rights hereunder. This Declaration shall
continue in perpetuity, unless modified in writing by Declarant, its successors or assigns and the
City of Boynton Beach, its successors and assigns as provided in Paragraph 4 hereof. These
restrictions may also be enforced in a court of competent jurisdiction by any other person, firm,
corporation or government agency that is substantially benefited by this restriction.
4. This Declaration is binding until a release of covenant is executed by the City of
Boynton Beach and Declarant as owner of the Property, or its successors or assigns and is
recorded in the public records of Palm Beach County, Florida. This Declaration may be modified
in writing only. Any subsequent amendment must be executed by both Declarant as owner of the
Property, its successors or assigns and the City of Boynton Beach, its successors or assigns and
be recorded by Declarant, its successors or assigns as an amendment hereto.
5. If any provision of this Declaration is held to be invalid by any court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of any other provisions
thereof.All such other provisions shall continue unimpaired in full force and effect.
6. Declarant covenants and represents that on the day of execution of this Declaration
that Declarant is seized of the Property in fee simple and has good right to create, establish and
impose this restrictive covenant on the use of the Property.
[END OF PAGE; CONTINUED WITH SIGNATURES ON THE NEXT PAGE]
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CFN 20190039466
BOOK 30398 PAGE 538
3 OF 5
YA
IN WITNESS WHEREOF,Declarant has executed this instrument,this a"S day of
uac� , 2019.
2600 QUANTUM BLVD,LLC,a Florida
limite.°liability company
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WITNESSES: By: Bo
Deni'Holmes, Manager
Na et-1 f / §Fle(74:0
1-6 . $0.64 ash
Name: �
STATE OF FLORIDA
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, personally appeared Denis
Holmes as Manager of 2600 Quantum Blvd, LLC, a Florida limited liability company, to me
known to be the person described herein and o executed the foregoing and acknowledged before
me that he executed same. He is [ personally known to me or [ ] has produced
as identification.
WITNESS my hand and official seal in the County and State last aforesaid this o--
day of \12 vLu � ,2019.
otary , State of Florida
(SEAL) My Commission Expires: O 1
Notary Public State of Florida
st•
Megan Pastore
+xc My Commission GG 138390
alp pd Expires 09/15/2021
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C:\Program Files(X86)1Neevia.Com\Docconverterpro\Temp\NVDC\100FD04C-D2CB-440A-BC9F-9997F5FEA9E91Boynton
Beach.14398.1.Doc_Of Restrictivc_Covenant (2600_Quantum).Docx
U
CFN 20190039466
BOOK 30398 PAGE 539
4 OF 5
EXHIBIT"A"
Lots 4, 4A and 4B, Quantum Park at Boynton Beach, P.I.D. Plat No. 2, according to the Plat
thereof, recorded in Plat Book 57, Page(s) 184 and 185, of the Public Records of Palm Beach
County,Florida.
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CFN 20190039466
BOOK 30398 PAGE 540
5 OF 5
EXHIBIT"B"
Lots 5 and 5A, Quantum Park at Boynton Beach, P.I.D. Plat No. 2, according to the Plat thereof,
recorded in Plat Book 57, Page(s) 184 and 185, of the Public Records of Palm Beach County,
Florida.
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' _ \\ 1 11111111111 1111111111 1111111111 1101 1111 1111
CF N 20190032194
CI Y OF r3i. IN 1 UN BEACH
CITY CLERK'S OFFICE OR BK 30464 PG 0262
RECORDED 03/08/2019 12:02:26
Instrument Prepared By and Rett1R Palm Beach Counts, Florida
All 1' b Sharon R. BockgCLERK & COMPTROLLER
James A. Cherof, Esquire P9s 0262 - 263; (2ass)
Goren, Cherof, Doody& Ezrol, P.A.
3099 E. Commercial Blvd., S-200
Fort Lauderdale, FL 33308
Parcel Tax Identification Numbers:
RELEASE OF UNITY OF TITLE
THIS RELEASE OF UNITY OF TITLE (the "Release") is made and entered into on the \\. day
of F ., 2019, by the City of Boynton Beach, a Florida municipal corporation (the "City").
WITNESSETH:
WHEREAS, the following described property(the "Property")
Lots 4, 4-A, 4-B, 5 and 5-A, of Quantum Park at Boynton Beach, P.I.D.
Plat No. 2, according to the Plat thereof recorded in Plat Book 57, Pages
184 of the Public Records of Palm Beach County, Florida.
is subject to a Unity of Title recorded June 15, 1989; and
WHEREAS, in order to facilitate the additional development of the Property, the City has
agreed to release the Property from the operation and effect of the Unity of Title encumbering the
Property recorded in Official Records Book 6099, Page 871, Public Records of Palm Beach County,
Florida(the "Unity of Title").
NOW THEREFORE, the City 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 ACKNOWLEDGEMENT ON THE FOLLOWING PAGE]
{00274368.1 306-9001821}
Release of Unity of Title—2600 Quantum
IN WITNESS WHEREOF, the undersigned has executed this Release of Unity of Title as
approved by the City Commission of the City of Boynton Beach at its meeting of fS day of
Sc, c-, , 2019.
Signed sealed and delivered in the presence of: CITY OF BOYNTON BEACH, a Florida
- municipal corporation
/171ktarf
Printed Name: SHAYLA ELLIS By: n,,,,r
Name: Lori LaVerriere, City Manager
Witness#2 Queenester Nieves
Printed Name:
ATTESTED BY:
•
By: yK
Judith yle, City C/4--k
o.6 �Q APPROVED AS TO LEGAL FORM:
By:
James A. Ch of, City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this\a day of e_\z, , 2019, by
Lori LaVerriere, as City Manager of the City of Boynton Beach, on behalf of the City, who ] is
personally known to me OR ] 1 has produced a Florida driver's license as identification.
[Notary Seal] I I/JO 93 ) A
Notary Public W
Printed Name: Tammy L. Stanzione
My commission expires:
,P TAMMY L STANZIONE
*. MY COMMISSION#FF213683
e, EXPIRES March 25,2019
407p398-0'53 rlaidalloaySavice.cotn
(00274368.1306-9001821) 2
Release of Unity of Title—2600 Quantum