R95-029RESOLUTION NO. R95-~$~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ACCEPTING PROPERTY LOCATED AT NE 10TH
AVENUE, IN THE CITY OF BOYNTON BEACH,
FROM PALM BEACH COUNTY; AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A DECLARATION OF RESTRICTIONS AND
ACKNOWLEDGEMENT FOR SAID PROPERTY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach, upon recommendation of
staff, has deemed it to be in the best interests of the citizens
and residents of the City to accept property located at NE 10th
Avenue, in the City of Boynton Beach, Florida from Palm Beach
County, according to the terms and conditions set forth in the
Declaration of Restrictions and Acknowledgment, attached hereto as
Composite Exhibit "A" and made a part hereof;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT=
~ The City Commission of the City of Boynton
Beach, Florida, hereby accepts property located at NE 10th Avenue
in the City of Boynton Beach, from Palm Beach County according to
the terms and conditions set forth in the Declaration of
Restrictions and Acknowledgement attached hereto as Composite
Exhibit "A" and authorizes and directs the Mayor and City Clerk to
execute said Declaration of Restrictions and Acknowledgement.
upon passage.
This Resolution shall take effect immediately
PASSED AND ADOPTED this ~/ day of February, 1995.
CI OF
BEACH, FLORIDA
Mayor
Vici for
Mayor Pro
Commissi
ATTEST:
(Corporate Seal)
Authsig. Res.
NE10thAve. Property
2114/95
This document was prepared by
Tammy Fields, Asst. County
Attorney, Palm Beach County,
301 N. Olive Ave., WPB, FL
33401
DECLARATIONS OF RESTRICTIONS
The undersigned, City of Boynton Beach, a municipality
duly organized and existing by virtue of the laws of the State
of Florida having its principal office at 100 E. Boynton
Beach Boulevard, Boynton Beach, Florida 33425 hereinafter
referred to as "Declarant", for the below described property,
and in consideration of the receipt of the below described
property from the Palm Beach County Board of County Commis-
sioners (the"County") does hereby grant to the County the
following restrictions against the property described as fol-
lows:
PARCEL A: Lot Nine (9) in Block (5), of Palm Beach Country
Club Estates in Palm Beach County. Florida, accord-
ing to the plat thereof on file in the Office. of the
Clerk of the Circuit Court of said County, in Plat
Book 11, Page 43.
PARCEL B: Lots 10 to 13 inclusive, Block 5 Palm Beach Country
Club Estates, an addition to the City of Boynton
Beach, Florida according to the Plat thereof on file
in the Public Records of Palm Beach County, Florida,
in Plat Book 11, Page 43.
PARCEL C: South 100 feet of the west 5 feet of lot 20 and
lots. 21 & 22 of Robert Wells Subdivision of the City
of Boynton Beach, Florida as per plat thereof on
file in the office of the Clerk of the Circuit
Court, Palm Beach County, Florida.
Less the north 10 feet for road right-of-way purpos-
These restrictions shall be deemed a covenant running
with the land and are binding upon the undersigned,
their heirs, executors, successors, and assigns until
the time at which these restrictions shall automatically
terminate. The restrictions can only be terminated or
released prior to February 21, 2005, by the Palm Beach
County Board of County Commissioners, and executed with
the same formalities as this document.
o
In consideration of the County's land grant as provided
in a deed, the Declarant hereby covenants and agrees to
use the subject property for a minimum period of 10
years commencing with the date hereof and ending Febru-
ary 21, 2005, as a facility to undertake activities that
are consistent with representations made by the
Declarant in its request for the conveyance of the land
from the County, and that are in compliance with HUD
regulations governing the Community Development Block
Grant Program.
In the event the Declarant ceases to use the property
for the purposes set forth in the County's agreement and
this Declarantion of Restrictions, the Declarant
shall upon demand from the County and at the County's
option a) repay the full market value of the land de-
scribed herein, which value shall be determined through
an independent appraisal process acceptable to the Coun-
ty, or b) convey by Warranty Deed all of the
Declarant's right, title and interest in the land to
the County or to another government or not-for-profit
agency as may be directed by the Palm Beach County Board
of County Commissioners.
APR-tT-b.- 5_ t2.0 m 95--t t 7494
ORB 8704 Ps 611
A~~~
T~IS ACKNOWLEDGEMENT is made this
day of .x~~
199/.by the City of Boynton Beach ("Buyer") to PALM BEACH COUNTY, FLORIDA, a
political subdivision of the State of Florida ("Seller").
WITNESSETH:
W,E~EAS, the Buyer has agreed to purchase, for the sum of ten dollars
($10.00), surplus land more particularly described as follows:
PARCEL A: Lot Nine (9) in Block (5), of Palm Beach Country Club Estates
in Palm Beach County, Florida, according to the plat thereof on
file in the Office of the Clerk of the Circuit Court of said
County, in Plat Book 11, Page 43.
PARCEL B: Lots 10 to 13 inclusive, Block 5 Palm Beach Country Club Estates,
an addition to the City of Boynton Beach, Florida according to the
Plat thereof on file in the Public Records of Palm Beach County,
Florida, in Plat Book 11, Page 43.
PARCEL C: South 100 feet of the west 5 feet of lot 20 and lots 21 & 22 of
Robert Wells Subdivision of the City of Boynton Beach, Florida as
per plat thereof on file in the Office of the Clerk of the Circuit
Court, Palm Beach County, Florida.
Less the north 10 feet for road right-of-way purposes.
WHEREAS, The Buyer shall accept a fully executed County Deed from the
Seller conveying the Property and any improvements in an "AS IS CONOITION,"
without warranties and/or representations.
NOW, THEREFORE, in consideration of the conveyance of the Property, the
Buyer hereby acknowledges to the Seller as follows:
1. The facts as set forth above are true and correct.
2. The Buyer acknowledges that it has inspected the Property and agrees
to accept the Property in its "AS IS CONDITION". The Buyer further
acknowledges that the Seller has made no warranties or representations
whatsoever with respect to Seller's title to the Property, the physical
condition of the Property, any improvements located thereon, or any intended
use of the Property.
3. Without in any way limiting the generality of the preceding
paragraph, the Buyer specifically acknowledges and agrees that upon Seller's
conveyance of the Property to Buyer, the Buyer waives, releases and
dischQ~ges any claim it has, might have had or may have against the Seller
with respect to the Seller's title to the Property and to the physical
?nd!ti~nOf the Property, either patent or latent.
':~-~4'.:f~' This- Acknowledgement will survive delivery and recording of the
County. De6d and possession of the Property by the Buyer.
IN,WI. TNESS WHEREOF, the Buyer has caused this Acknowledgement to be
executedon theday and year first aforesaid.
Signedj~ sea]ed and delivered
~::nl £h~.'presenCe of:
Wit~ess' Name: '
Wit~ess NamelY.
Buyer(s): ×
E. F. Harmening, Mayor
City of Boynton Beach
BB.AKN/CE
ORB 870z, Pe f:,1~
DOROTHY H. WILKEN, CLERK PB C~JN?~,
In the event of any proposed sale, conveyance or trans-
fer ~f the subject pr6perty, the Declarant must obtain
approval of the County, through its Housing and
Community Development Department. Any approved sale or
conveyance of the subject property by the Declarant will
be contingent upon the receipt of the payment by the
County in accordance with the provisions of 3a above, or
the receipt of a commitment, executed by a subsequent
owner acceptable to the County, confirming its accep-
tance of the restrictions' and conditions provided herein
for the remaining duration of this Declaration.
The Declarant agrees to notify the County of any liens,
judgements or pending foreclosure on the subject proper-
ty within five (5) working days of the receipt of said
notice by the Declarant.
Declarant shall submit to the County once each year a
report detailing the Declarant's compliance with the
terms of this Declaration of Restrictions.
Declarant relinquishes all rights to alter, amend, modi-
fy, of release these covenants prior to February
21, 2005.
Executed this ~ day of
///#~g// , 19 ?~-
Signed, sealed and delivered
in the presence of:
City of Boynton Beach
m~NESS
STATE OF FLORIDA
COUNTY OF PALM BEACH
By
The forego%ng instrument was acknowledged before me this
~ day of ~, 19~- , by F-gW,ab ~ ~=~,~ , who
is personally known to me or has produced 3 as
identification and who did (did not) take an oath.
·
(Print or type name)
Notary Public State of Florida
at Large
.?
Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box310
Boynton Beozh, Florida 33425-0310
Ci~ HaK: (407) 375-6000
F~c: (4o7) 375-609o
CERTIFICATION
I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that the attached Resolution #R95-28
consisting of one (1) page, Exhibit "A" consisting of one (1) page
and Disclaimer consisting of one (1) page, are true and correct
copies as they~appear in the records of the City of Boynton
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA this 2nd day of March, 1995.
'SUZ~NNE M. KRUSE,~- CMC/AAE
CITY CLERK
March 2, 1995
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