R12-070 1 1 RESOLUTION NO. R12- 070
21
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING THE
5 MAYOR AND CITY CLERK TO EXECUTE A
6 DECLARATION OF RELEASE OF CORRECTIVE
7 UNITY OF TITLE FOR HOME DEPOT USA, INC; AND
8 PROVIDING AN EFFECTIVE DATE.
9
10 WHEREAS, the City has approved the unified development of multiple parcels
11 under unified control under the master plan as the Shoppes of Woolbright; and
12 WHEREAS, this will release the Corrective Unity of Title but the Home Depot Expo
13 parcel will continue to be part of the retail center under the existing Unity of Control
14 documents which require the owners of all parcels to operate and maintain the Planned
15 Commercial Development under unified control consistent with the approved master plan,
16 including provisions involving cross - access and cross - parking.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19 Section 1. Each Whereas clause set forth above is true and correct and incorporated
20 herein by this reference.
21 Section 2. The Mayor and City Clerk are hereby authorized and directed to execute
22 the Declaration of Release of Corrective Unity of Title for Home Depot USA, Inc., (Shoppes
23 of Woolbright), a copy of which attached hereto as Exhibit "A ".
24 Section 3. This Resolution shall become effective immediately upon passage.
II '
+h
1 PASSED AND ADOPTED this 7 day of August, 2012.
2
3 CITY O) BOYNTON BEACH, FLORIDA
i '
4 i , 1
6 Mayor — i I,. :w L.
9 Vice Mayor — Mack McCray
10
11
12 Commissioner -
13
14
15 , ■ -- -• ss err- Steve . Holzman
16 /
17 .�` /1--
18 C • missioner — Marlene Ross
19 ATTEST:
20
21 1
22
23 WE • igt:iii)
2'41 . et M. Prainito, MMC
25 rty Clerk
i
26 27 4
28 w'n , or .
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C:' C 1111111111111111111111li
CFN 20120402532
OR BK 25513 PG 1926
RECORDED 18/09/2812 16 :39:03
Pala Beach County, Florida
Sharon R. Bock, CLERK h COMPTROLLER
Pgs 1926 - 1931; (6pgn )
CORRECTIVE DECLARATION OF RELEASE OF CORRECTIVE UNITY OF CI'I'LE
This Corrective Declaration of Release of Corrective Unity of Title is made this Sday
of.Se9i-e by the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal
corporation ( "City ") and is given for the purpose of correcting the Exhibits "A" and '`B" as
attached to the original Declaration of Release of Corrective Unity of Title dated August 23,
2012 and recorded in Official Records Book 25445, Page 294, of the Public Records of Palm
Beach County, Florida.
WITNESSETH
WHEREAS, HOME DEPOT U.S.A., INC., a Delaware corporation ( "HD "), executed a
Corrective Unity of Title in favor of the City, dated June 1, 1999, and recorded June 23, 1999, in
Official Records Book 11189, Page 1278, of the Public Records of Palm Beach County, Florida
( "Unity of Title "), with respect to certain real property located within the City, as more
particularly described as follows ( "Property "):
SEE E XHiBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
WHEREAS, the Property is included within the overall legal description of the Shoppes
of Woolbrrght PCD ( "PCD "), and is subject to unified control in accordance with the terms of
the PCD and that certain Agreement Regarding Further Development, dated March 31, 1998, and
recorded on April 3, 1998, in Official Records Book 10320, Page 1609, of the Public Records of
Palm Beach County, Florida ( "Development Agreement "); and
WHEREAS, HD has proposed to sell a portion of the Property as more particularly
described in Exhibit "B" ( "Expo Parcel ") and has requested that the City release the Unity of
Title, which approval is required by the terms of the Unity of Title; and
WHEREAS, the administrative head of the City Department of Development has
determined that the Unity of Title is no longer required in order to assure compliance with the
PCD and has no objection to the Unity of Title being released, and
WHEREAS, the release of the Unity of Title also requires ratification by the City
Commission.
NOW THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the City
Commis9iriQie'idby''2gijetici 6 release the Property from the restrictions in the Unity of Title.
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.
IN WITNESS WHEREOF, the undersigned has executed this Declaration of Release of
Corrective Unity of Title as approved by the City Commission at its meeting of day of
, 2012.
1
0,, . C.(.% CITY OF BOYNTON BEACH, FLORIDA
Witness
1C.4-M `> r2,.iCG`Cl
BY: ./(
( t Na e) \ Woodrow L. Hay, Mayor
i
c________ _ th---i' "'"JQt../
Witness Attest:
h t.. . 41.4.44 a )
l Jl"fi �' -•
(Print Name) �� � ; D Prainito, MMC, City Clerk
STATE OF FLORIDA )
)ss: ti
COUNTY OF PALM BEACH ) v
BEFORE ME, the undersigned authority, personally appeared Woodrow L. Hay, Mayor,
as authorized representative of the City of Boynton Beach, Florida, who is persona y nownj
me or has produced as identification and who(did not) take an
oath, and he acknowledged to and before me that he executed the foregoing instrument for the
purposes therein expressed, pursuant to due authority.
WITNESS, my hand and official seal this "Sday of{'vl 2 _, 2012.
, ` L EANA E CARUSO NOTARY PUBLIC
c'; " A . 1 MY COMMISSION # EE157439 My Commission Expires:
• �4..`: EXPIRES January 05, 2016
(40113401153 flondsNofxp5evloS.00m
S \CA \FORMS \CORR} C'1 IVI 01 0 ARA I ION Of RI I I ASI OF C'ORRI CfIVI_ UM r 01 111 LI. doc
09/27/99 MON 14:13 FAX 156124? MORTON GROUP @1008
ORb 1 I. 189 Pg 1280
EXHIBIT A
Legal Description
Tract "D" and Tract "F ", SHOPPES OF WOOLBRIGHT P.C.D., Part of WOOLBRIGHT
PLACE, P.U.D., being a replat of a portion of LAKE BOYNTON ESTATES PLAT 3, situate in
Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County,
Florida, according to the Plat thereof recorded in Plat Book 65, Pages 137 and 138, Public
Records of Palm Beach County, Florida, more particularly described as follows:
Commencing at the Southeast corner of said Section 29, thence along the East line of said
Section 29 North 01 degrees, 34'16" West, a distance of 189.66 feet; thence departing said East
line and perpendicular to the preceding course South 88 degrees, 25'44" West, a distance of
100.00 feet to the Point of Beginning.
From the Point of Beginning; thence South 89 degrees, 50'25" West, a distance of 451.98 feet;
thence South 77 degrees, 30'21" West, a distance of 324.66 feet; thence North 00 degrees, 09'35"
West, a distance of 550.35 feet; thence South 89 degrees, 50'25" West, a distance of 177.64 feet
to the beginning of a non - tangent curve having a radius of 1851.74 feet, from which a radial line
bears South 84 degrees, 19'01" West, thence Northwesterly along the arc of said curve,
subtending a central angle of 00 degrees, 57'52" a distance of 31.17 feet to the beginning of a
non - tangent line; thence North 89 degrees, 50'25" East, a distance of 519.23 feet; thence North
00 degrees, 09'35" West, a distance of 33.00 feet; thence North 89 degrees, 50'25" East, a
distance of 467.41 feet; thence South 01 degrees, 34'16" East, a distance of 292.95 feet; thence
South 88 degrees, 25'44" West, a distance of 50.00 feet; thence South 01 degrees, 34'16" East a
distance of 250.98 feet to the Point of Beginning.
LESS:
A portion of Tract D, SHOPPES OF WOOLBRIGHT P.C.D., according to the Plat thereof as
recorded in Plat Book 65, Pages 137 and 138 of the Public Records of Palm Beach County,
Florida, more particularly described as follows:
BEGINNING at the Northwest comer of said Tract C, said point also being the Southwest corner
of said Tract D and a point on the arc of a curve concave to the west (a radial line to said point
bears N84 °19'00 "E); thence northwesterly along the west boundary of said Tract D and along the
arc of said curve, having a radius of 1851.74 feet and a central angle of 00 °44'48 ", a distance of
24.13 feet to a point of intersection with a line 24.00 feet north of and parallel with the North
boundary of said Tract C; thence N89 °50'25 "E, along said parallel tine, 180.12 feet to a point of
intersection with the northerly extension of the east line of said Tract C; thence S00 °09'35 "E,
along said northerly extension line, 24.00 feet to the northeast corner of Tract C; thence
S89 °50'25 "W, along the north boundary of said Tract C, 177.64 feet to the POINT OF
BEGINNING.
H. \a MG\s MG\ 1 4585.02 \UNITY -3.LLG
09/27/99 MON 14 :14 FAX 156124 P
MORTON GROUP 009
ORA, 1 1 18'9 Pg last
•
The above described property contains 0.64 acres (27,716 square feet) and is shown as a portion
of Tract C and a portion of Tract D on a Boundary and Topgraphic Survey for Home Depot
U.S.A., Inc. and First American Title Insurance Company prepared by Avirom & Associates,
Inc. (Michael D. Avirom, Professional Land Surveyor No. 3268) dated April 3, 1996, last revised
on March 19, 1998, which plat of survey is incorporated herein and by this reference made a part
hereof.
RESERVING THEREFROM:
An easement to use the driveway adjacent to the northerly boundary of the above described
property until such time as such driveway has been relocated from the property described above
to property to the north by Grantor pursuant to the terms of that certain Agreement Regarding
Further Development dated March 31, 1998 by and between Grantor and Howard R. Scharlin to
be recorded in the Palm Beach County, Florida real estate records. This easement shall terminate
and be of no further force nor effect at such time as such driveway has been relocated.
TOGETHER WITH:
A parcel of land lying with Tract "B ", according to said Plat more particularly described as
follows:
Begin at the Southeast corner of said Tract "E"; thence South 88 °25'44" West, a distance of
50.00 feet; thence North 01°34'16" West, a distance of 2.95 feet; thence South 89 °50'25" West
along a South line of said Tract "E ", a distance of 467.41 feet; thence North 00 °09'35" West, a
distance of 47.67 feet; thence North 89 °50'25" East along a line 47.67 feet North of (as
measured at right angles) and parallel with the South line of said Tract "E", a distance of 516.25
feet; thence South 01°34'16" East, a distance of 49.40 feet to the Point of Beginning.
TOGETHER WITH:
A portion of Tract "E ", SHOPPES OF WOOLBRIGHT P.C.D., Part of WOOLBRIGHT
PLACE, P.U.D., being a replat of a portion of LAKE BOYNTON ESTATES PLAT 3, situate in
Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County,
Florida, according to the Plat thereof recorded in Plat Book 65, Pages 137 and 138, and a portion
of Tract "A ", WoolbTight Place Plat 1, recorded in Plat Book 67, Page 47, Public Records of
Palm Beach County, Florida, more particularly described as follows:
BEGINNING at the southwest comer of Tract "E" being on the arc of a curve, concave to the
southwest (radial line to said point bears N83 °2] '08 "E); thence northwesterly along the east line
of said Tract "E" and the are of said curve, having a radius of 1851.74 feet, a central angle of
00 °36'41" and an arc distance of 19.76 feet; thence N89 °50'25 "E, 255.62 feet; thence
H.\BMG\BMG \145$5.02\UNITY -3.LEG -2-
09/27/99 MON 14 :14 FAX 1561241 MORTON GROUP 010
ORS t 1 189 Pg 3.282
00;211rHY H. WILKEN, CLERK PB COUNTY, FL
-
N00 °09'35 "W, 10.00 feet; thence N89 °50'25 "E, 31.94 feet; thence N00 °09'35 "W, 3.50 feet;
thence N89 °50'25 "E, 217.01 feet; thence N00 °09'35 "W, 47:55 feet; thence N89 °50'25 "E, 3.15
feet; thence N00 °09'35 "W, 40.00 feet; thence N89 °50'25 "E, 61.25 feet; thence S00 °09'35 "E,
8.50 fect; thenceN89 °50'25 "E, 302.71 feet; thence N00 °09'35"W; 125.24 feet; thence
S89 °50'25 "W, 36.00 feet; thence N00 °09'35"W, 5.00 feet; thence S89 °50'25 "W, 301.75 feet;
thence S00 °09'35 "E, 41.17 feet; thence S89 °50'25 "W, 239.55 feet; thence S00 °09'35 "E, 69.11
feet; thence S89 °50'25 "W, 52.14 feet; thence N00 °09'35 "W, 481.73 feet to point on a line 30.00
feet north of and parallel with the north line of said Tract "E"; thence N88''26' 13 "E, along said
parallel line, 782.21 feet to a point on the northerly extension of the east line of said Tract "E ";
thence SO1 °34 "E, along said northerly extension and said,east line, 552.51 feet; thence
S89 °50'25 "W, 516.25 fect; thence S00 °09'35 "E, 80.67 feet to a point on the south line of said
Tract "E"; thence S89 °50'25 "W, along said south line, 519.23 feet to the POINT OF
BEGINNING. Containing 8.463 acres (368,653 square feet).
t y .
HABMG\BM0114585- 02WN1TY -3.LEG -3- '
EXHIBIT B
LEGAL DESCRIPTION OF EXPO PARCEL
A PORTION OF TRACT "E" SHOPPES OF WOOLBRIGHT P.C.D., PART OF WOOLBRIGHT
PLACE, P.U.D., BEING A REPLAT OF A PORTION OF LAKE BOYNTON ESTATES PLAT 3,
SITUATE IN SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON
BEACH, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 65, PAGES 137 AND 138, AND A PORTION OF TRACT "A ",
WOOLBRIGHT PLACE PLAT 1, RECORDED IN PLAT BOOK 67, PAGE 47, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH WEST CORNER OF TRACT "E" BEING ON THE ARC OF A
CURVE, CONCAVE TO THE SOUTHWEST (RADIAL LINE TO SAID POINT BEARS NORTH
83 °21'08" EAST); THENCE NORTHWESTERLY ALONG THE WEST LINE OF TRACT "E" AND
THE ARC OF SAID CURVE, HAVING A RADIUS OF 1851.74 FEET, A CENTRAL ANGLE OF
00 °36'41" AND AN ARC DISTANCE OF 19.76 FEET; THENCE NORTH 89 °50'25" EAST, 255.62
FEET; THENCE NORTH 00 °09'35" WEST, 10.00 FEET; THENCE NORTH 89 °50'25" EAST, 31 94
FEET; THENCE NORTH 00 °09'35" WEST, 3.50 FEET; THENCE NORTH 89 °50'25" EAST, 217.01
FEET; THENCE NORTH 00 °09'35" WEST, 47.55 FEET; THENCE NORTH 89 °50'25" EAST, 3.15
FEET; THENCE NORTH 00 °09'35" WEST, 40.00 FEET; THENCE NORTH 89 °50'25" EAST, 61.25
FEET; THENCE SOUTH 00 °09'35" EAST, 8.50 FEET; THENCE 89 °50'25" EAST, 302.71 FEET;
THENCE NORTH 00 °09'35" WEST, 125 24 FEET; THENCE SOUTH 89 °50'25" WEST, 36.00 FEET;
THENCE NORTH 00 °09'35" WEST, 5 00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
89 °50'25" WEST, 301.75 FEET; THENCE SOUTH 00 °09'35" EAST, 41.17 FEET, THENCE SOUTH
89 °50'25" WEST, 239.55 FEET, THENCE SOUTH 00 °09'35" EAST, 69 11 FEET; THENCE SOUTH
89 °50'25" WEST, 52.14 FEET; THENCE NORTH 00 °09'35" WEST, 481 73 FEET TO A POINT ON A
LINE 30 00 FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF SAID TRACT "E ";
THENCE NORTH 88°26'13" EAST, ALONG SAID PARALLEL LINE, 782.21 FEET TO A POINT
ON THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID TRACT "E ", THENCE SOUTH
01°34'16" EAST, ALONG SAID NORTHERLY EXTENSION AND SAID EAST LINE, 390.72 FEET,
THENCE SOUTH 89 °50'25" WEST, 198.13 FEET TO THE POINT OF BEGINNING. SAID
PROPERTY CONTAINING 7.2423 ACRES MORE OR LESS.
TOGETHER WITH NON - EXCLUSIVE EASEMENT RIGHTS FOR INGRESS, EGRESS, UTILITIES,
DRAINAGE AND SIGNAGE, AS CONTAINED, CREATED AND DESCRIBED IN THAT CERTAIN
RECIPROCAL EASEMENT AND OPERATION AGREEMENT BY AND BETWEEN HOWARD R.
SCHARLIN, AS TRUSTEE, AND HOME DEPOT U.S.A., INC., A DELAWARE CORPORATION,
RECORDED IN O.R. BOOK 6378, PAGE 1953, AND AS SUBSEQUENTLY AMENDED OR
AFFECTED BY AMENDMENT TO RECIPROCAL EASEMENT AND OPERATION AGREEMENT
RECORDED IN O.R. BOOK 7850, PAGE 1577 AND BY AGREEMENT RECORDED IN O.R. BOOK
9625, PAGE 979, PUBLIC RECORDS.
TOGETHER WITH NON - EXCLUSIVE EASEMENT RIGHTS FOR DRAINAGE CONTAINED IN
THAT CERTAIN DRAINAGE EASEMENT, MAINTENANCE AND CONTRIBUTION
AGREEMENT BY AND BETWEEN WOOLBRIGHT PLACE MASTER ASSOCIATION, INC., A
FLORIDA NOT - FOR - PROFIT CORPORATION, AND HOME DEPOT U.S.A., INC., A DELAWARE
CORPORATION, RECORDED IN O.R. BOOK 103620, PAGE 1594, PUBLIC RECORDS
2446657 -1 1635 2528602
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DECLARATION OF RELEASE OF CORRECTIVE UNITY OF TITLE z
9,3 KJ
This DECLARATION OF RELEASE OF CORRECTIVE UNITY OF TITLE x ▪ ^
0
( "Release ") is made this day of a `k,t _ ,
2012 by the CITY OF m 2 .1
BOYNTON BEACH, FLORIDA, a Florida municipal corporation ("City").
oo 0
0 w
WITNESSETH: 37, 0
WHEREAS, HOME DEPOT U.S.A., INC., a Delaware corporation ( "HD "), executed a p- 0
m m
Corrective Unity of Title in favor of the City, dated June 1, 1999, and recorded on June 23, 1999,
in Official Records Book 11189, Page 1278, of the Public Records of Palm Beach County, r,
rs
Florida ( "Unity of Title "), with respect to certain real property located within the City, as more
co
particularly described as follows
( "Property "):
ciF
co
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
n.r
WHEREAS, the Property is included within the overall legal description of the Shoppes
a
of Woolbright PCD ( "PCD "), and is subject to unified control in accordance with the terms of
the PCD and that certain Agreement Regarding Further Development, dated March 31, 1998, and
f
recorded on April 3, 1998, in Official Records Book 10320, Page 1609, of the Public Records of cif
ru
Palm Beach County, Florida ( "Development Agreement "); and
WHEREAS, HD has proposed to sell a portion of the Property as more particularly
co
described in Exhibit "B" ( "Expo Parcel ") and has requested that the City release the Unity of
Title, which approval is required by the terms of the Unity of Title; and
WHEREAS, the administrative head of the City Department of Development has
determined that the Unity of Title is no longer required in order to assure compliance with the
PCD and has no objection to the Unity of Title being released; and
WHEREAS, the release of the Unity of Title also requires ratification by the City
Commission. (�
O Q : 7 i,,i t ,�� )
NOW THEREFORE, in consideration of the foregoing, and for other good and valuable
considerations, the receipt and sufficiency of which is hereby acknowledged, the City
Commission hereby agrees to release the Property from the restrictions in the Unity of Title.
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.
IN WITNESS WHEREOF, the undersigned has executed this Declaration of Release of
Corrective Unity of Title as approved by the City Commission at its meeting of 1 day of
, 2012.
/7digr iz_ 4111 / � a CITY OF BOYNTON BEACH, FLORIDA
Witness
-T0.M BY: Z/
(Print Name) C Woodrow L. Hay, Mayor
XI? Witness Attest:
(Print Name)
t M. Prainito, MMC, City Clerk
STATE OF FLORIDA ) xi ` N
) ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Woodrow L. Hay,
Mayor, as authorized representative of the City of Boynton Beach, Florida, who is personally
known to me or has produced N / /J as identification and who did (did.
not) take an oath, and he acknowledged to and before me that he executed the foregoing
instrument for the purposes therein expressed, pursuant to due authority.
WITNESS , my hand and official seal this: day of August, 2012.
`,:
a o , ..., . / CATHERINE CHERRY-CUBERMAN NOTARY PUBLIC
* , c * MY COMMISSION A EE 207630 My Commission Expires: j(11 I G` I to
T ° - EXPIRES: June 12, 2016 Y p
n ° 44 Q o ecr Bonded Thru Budget Notxy Services
APPROVED AS TO FORM:
: CITY ATTORNEY
EXIHIBIT "A" - SITE LOCATION MAP
SHOPPES OF WOOLBRIGHT PCD
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PUD
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HOME DEPOT EXPO
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P0D z OME o EP OT
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LOWE'S
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220 110 0 220 440 660 880
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MASTRIANA & CHRISTIANSEN PA
ATTORNEYS AT LAW
1500 North Federal Highway, Suite 200
Fort Lauderdale, Florida 33304
www. m -c -law, com
Broward: (954) 618 -6911 e)s®n- c- law.com (Edwin J.Stacker)
(Wrher's direct dial) Mike(®n- c- law.com (Mike Christiansen)
Fax: (954) 566 -1592 Ron®m- c- law.com (Ron Mastriana)
July 16, 2012
Ed Breese, Principal Planner
Planning and Zoning Dept
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
RE: Request by Home Depot U.S.A., Inc. ( "Home Depot ") for Declaration of Release of Corrective
Unity of Title, relating to a portion of the Shoppes of Woolbright P.C.D.
Dear Mr. Breese,
As a follow -up to our recent conversations, in my capacity as local Florida counsel to Home
Depot, this letter is being written to request that the City Staff and the City Commission take formal
action to release and terminate that certain Corrective Unity of Title executed by Home Depot on June 1,
1999, and recorded in OR Bk. 11189, Pg. 1278, of the Public Records of Palm Beach County, Florida, a
copy of which is attached for your convenience ( "Unity of Title ").
As you are well aware, that portion of the Shoppes of Woolbright P.C.D. under Home Depot
ownership, was developed to include both the existing Home Depot and an Expo Design Center, which
facility has since closed. Home Depot has recently entered into a contract to sell that portion of its overall
ownership to a third party, and, thus, a condition of the closing is the release of the Unity of Title.
We believe that the release of the Unity of Title is mutually beneficial to both Home Depot and
the City, inasmuch as the sale will ultimately result in the redevelopment of the former Expo Design
Center parcel, while the P.G.D. will assure the continuation of the overall regulatory control of the
commercial development.
In order to facilitate the closing on this parcel, we are requesting that you schedule consideration
of this matter on your City Commission Agenda for August 7, 2012.
We thank you in advance for your cooperation in this matter, and please do not hesitate to contact
me to provide any necessary clarifications or assistance in finalizing Home Depot's request.
VERY TRULY YOURS,
MASTRIA . HRISTIANSEN, P.A.
BY: ,i
EDWIN J. STACKER, ESQ.
FOR THE FIRM
CC: James Cherof, Esq.
MASTRIANA & CHR1 STIANSEN PA
ATTORNEYS AT LAW
1500 North Federal Highway, Suite 200
Fort Lauderdale, Florida 33304
www.m -c -law com
Broward: (954) 618-6911 ejs@m- c- law.corn (Edwin J.Stacker)
(Writer's direct dial) Mikea rn- c- law.com (Mike Christiansen)
Fax: (954) 566 -1592 Ron@rn- c- law.com (Ron Mastriana)
July 16, 2012
Ed Breese, Principal Planner
Planning and Zoning Dept
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
RE: Request by Home Depot U.S.A., lnc. ( "Home Depot ") for Declaration of Release of Corrective
Unity of Title, relating to a portion of the Shoppes of Woolbright P.C.D.
Dear Mr. Breese,
As a follow -up to our recent conversations, in my capacity as local Florida counsel to Home
Depot, this letter is being written to request that the City Staff and the City Commission take formal
action to release and terminate that certain Corrective Unity of Title executed by Home Depot on June 1,
1999, and recorded in OR Bk. 11189, Pg. 1278, of the Public Records of Palm Beach County, Florida, a
copy of which is attached for your convenience ( "Unity of Title ").
As you are well aware, that portion of the Shoppes of Woolbright P.C.D. under Home Depot
ownership, was developed to include both the existing Home Depot and an Expo Design Center, which
facility has since closed. Home Depot has recently entered into a contract to sell that portion of its overall
ownership to a third party, and, thus, a condition of the closing is the release of the Unity of Title.
We believe that the release of the Unity of Title is mutually beneficial to both Home Depot and
the City, Inasmuch as the sale will ultimately result in the redevelopment of the former Expo Design
Center parcel, while the P.C.D. will assure the continuation of the overall regulatory control of the
commercial development.
In order to facilitate the closing on this parcel, we are requesting that you schedule consideration
of this matter on your City Commission Agenda for August 7, 2012.
We thank you in advance for your cooperation in this matter, and please do not hesitate to contact
me to provide any necessary clarifications or assistance in finalizing Home Depot's request.
VERY TRULY YOURS,
MASTRIA ; HRISTIANSEN, P.A.
A . ' .. c. g . „ ......
BY: -
EDWIN J. STACKER, ESQ.
FOR THE FIRM
CC: James Cherof, Esq.