R02-133RESOLUTION NO. R02- JS~.~
A RESOLUTION OF THE CITY COMMISSION OF THE
C~Y OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A RELEASE OF UNITY OF TITLE FOR WAL-
MART AT BOYNTON BEACH; AND PROVIDING AN
EFFECTIVE DATE.
WItEREAS, the City has approved the site plan for Wal-Mart at Boynton Beach and
is recorded on a record plat in the Public Records of Palm Beach County, Florida; and
WHEREAS, this will release the Unity of Title encumbered to all of the out-parcels
and allow each of them to develop independently.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are true and correct and are now ratified
and confirmed by the City Commission.
Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a
[ ]Release of Unity of Title for Wal-Mart at Boynton Beach, and is attached hereto as Exhibit
Section 2. This Resolution shall become effective immediately upon passage.
Prepared by/return to:
James A.Cherof, City Attorney
City of Boynton Beach
P.O. Box 310
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
RELEASE OF UNITY OF TITLE
08/15/2002 12:48:49 ~00~0428790
OR BK 14038 PG 1701
g'alm Beach County, Flo'rida
THIS RELEASE is made and entered into on the day of August, 2002, by il/e
City of Boynton Beach, Florida, a political subdivision of the State of Florida.
WITNESSETH:
WHEREAS, Wal-Mart Stores East, Inc., a Florida limited liability company,
owns the following described parcel of real property (the "Property"):
Lots 2-5, WAL'MART at BOYNTON BEACH, according to
the Plat thereof on file in the office of the clerk of court of
Palm Beach County, Florida, in Plat Book 94, Pages 140 and
141.
WHEREAS, the City of Boynton Beach has approved a site plan for the
development of a restaurant on the Property and, as a part of said approval,
agreed to release the Property from the operation ad effect of the Unity of Title
encumbering the entire Wal-Mart Shopping Center site recorded in Official
Records Book 11757, Page 798, as amended in Official Records Book 11463,
Page 1510, public records of Palm Beach County, Florida (the "Unity of Title").
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.
BOOK ! z~38 ~ 17~.
Dorot;h¥ H. IQilken, Clerk
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals the day and year below written.
ATTEST:
STATE OF FLORIDA
COUNTY OF PALM BEACH:
THE CITY OF BOYNTON BEACH, a political
Subdivision~f the Stmte of Florida
G/erald F. Broening, Mayor
Janet M. Prainito, City ~-
..,,,,,,,,,,,.....
The foregoing~nstrument was acknowledged before me this ~2 ~ day
ofAugust, 2002, byZC';J££,t/~/ ~ ~cr'r~,)~as the Mayor of the City of
Boynton Beach, FloOr'a, who did not take an~b'hth.
Notary Public
,,?,~,,,, ~arbara M. Madd~
~. ~ .
Commission No.
(Not~y Seal) My Commission Expires:
PASSED AND ADOPTED this ~ ~
day of August, 2002.
CITY~j,OF ~OYNTON.BEAC. ,H,~,FLORIDA ~-.
May~r ~'~
~' Ci "~lmlSsloner ,
Commissioner