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R15-139 1 RESOLUTION R15- D 3 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING A PARTIAL RELEASE OF PROPERTY 5 UNDER DECLARATION OF UNITY OF TITLE AND 6 AUTHORIZING THE MAYOR TO SIGN THE PARTIAL 7 RELEASE; AND PROVIDING AN EFFECTIVE DATE. 8 9 10 WHEREAS, a Declaration of Unity of Title recorded in the Public Records of Palm 11 Beach County, Florida for property owned by Boos - Seacrest, LLC., agreed to a restriction 12 imposed on the premises more particularly described therein which provides that no portion of 13 the Real Property shall be sold, assigned, transferred, conveyed or devised separately except in 14 its entirety as one plot or parcel until such time as same may be released in writing under the 15 Director of Development Services of the City of Boynton Beach; and 16 WHEREAS, the owner has requested that the City release a portion of the Real 17 Property from the aforementioned restriction contained in said Unity of Title; and 18 WHEREAS, the partial release is necessary to facilitate partial transfer of property to 19 Palm Beach County as part of their right of way for future expansion of road infrastructure. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission of the City of Boynton Beach, Florida does 26 hereby approve a Partial Release of Property Under Declaration of Unity of Title for property 27 owned by Boos - Seacrest, LLC, a copy of which is attached hereto and made a part hereof as 28 Exhibit "A ". S: \CA \RESO \Partial Release of Property under Declaration of Unity of Title.doc 1 29 Section 3. The Mayor is authorized to sign the Partial Release of Property Under 30 Declaration of Unity of Title. 31 Section 4. This Resolution will become effective immediately upon passage. 32 PASSED AND ADOPTED this a° day of Ocro gER , 2015. 33 CITY OF BOYNTON BEACH, FLORIDA 34 YES NO 35 36 Mayor — Jerry Taylor 37 38 Vice Mayor — Joe Casello 39 40 Commissioner — David T. Merker 41 42 Commissioner — Mack McCray 43 44 Commissioner — Michael M. Fitzpatrick 45 46 VOTE 5 —O 47 ATTEST: 48 49 . 51 Jan-,' M. Prainito, MMC 52 - 1 Clerk 55 r, 56 (Co V eraal) � 57 ' ' i Jx. S: \CA \RESO \Partial Release of Property under Declaration of Unity of Title.doc 2 THIS INSTRUMENT PREPARED BY AND RETURN TO: Bryan J. Stanley, Esquire Bryan J. Stanley, P.A. 209 Turner Street Clearwater, Florida 33756 PARTIAL RELEASE OF PROPERTY UNDER DECLARATION OF UNITY OF TITLE KNOW ALL MEN BY THESE PRESENTS: WHEREAS, BOOS - SEACREST, LLC, a Florida limited liability company ( "Owner "), by that certain Declaration of Unity of Title recorded in Official Records Book 27634, Page 292, of the Public Records of the County of Palm Beach, State of Florida, ( "Unity of Title ") agreed to a restriction imposed on the premises more particularly described therein ( "Real Property "), which provides that no portion of the Real Property shall be sold, assigned, transferred, conveyed or devised separately except in its entirety as one plot or parcel until such time as same may be released in writing under the under of the Director of Development Services of the City of Boynton Beach, Florida ( "City "); and WHEREAS, Owner has requested that the City release a portion of the Real Property, as hereinafter described, from the aforementioned restriction contained in said Unity of Title; provided, however, that this Partial Release shall in no way affect the restriction contained in the Unity of Title as to the remaining unreleased portion of the Real Property, which shall remain encumbered by such Unity of Title. WHEREAS, The partial release is necessary to facilitate partial transfer of property to Palm Beach County as part of their right of way for future expansion of road infrastructure. NOW, THEREFORE, KNOW YE, that the City in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, to it in hand paid by the said Owner at the time of the execution hereof, does hereby remise, release, quit - claim, exonerate and discharge from the restriction and operation of said Unity of Title, all that piece, parcel or tract of land, described upon Exhibit "A" attached hereto and made a part hereof by this reference that is situated within the Real Property ( "Release Parcel "): TO HAVE AND TO HOLD the Release Parcel, with the appurtenances to such Release Parcel, unto the said Owner, its successors and assigns forever, freed, exonerated and discharged of and from the restriction of said Unity of Title and every part thereof; provided always, nevertheless, that nothing herein contained shall in any way impair, alter or diminish the effect, restriction or encumbrance of the Unity of Title on the remaining part of said Real Property not hereby released therefrom. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, City has hereunto set its hand and seal this day of October, 2015. Signed, sealed and delivered CITY in our presence: (J,in tn sss Signature) ` By: Name: i ¢ 4 (Witness Signature) Print Name: STATE OF �1 COUNTY OF .., : CITY OF BOYNTON BEACH, FLORIDA The foregoing instrument was acknowledged before me this � day of October, 2015, by JERRY 'TAYLOR, as Mayor of CITY OF BOYNTON BEACH, FLORIDA, who is ( ) personally known to me, or ( ) produced a __....... ...... as identification. �P TAARMY L STANZIONE MY COMMISSION it FF213683' '�ad� EXPIRES March 25. 2019 Id07 i 3.98 -0' 53 no+ldrNo:x ry3arvica, curs Notary Publ ignature) Print Name: ti.. „ . My Commission Expires 2 The City of ! ! Be City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742 -6060 FAX: (561) 742 -6090 e -mail: prainitoj @bbfl.us www.boynton- beach.org October 27, 2015 Victor H. Rodriguez Development Project Manager, South Florida BOOS DEVELOPMENT GROUP, INC 5789 NW 151 Street, Suite B Miami Lakes, FL 33014 Re: Partial Release of Property Under Declaration of Unity of Title Dear Mr. Rodriguez: Attached for your information and files is a fully executed original of the document mentioned above and a copy of Resolution R15 -139. If I can be of any additional service, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH J et M. Prainito, MMC *4`1- w) . OLQ-" City Clerk Attachments S: \CC \WP \AFTER COMMISSION \Other Transmittai Letters After Commisslon \2015 \1115 -139 Partial RElease of Property Under Declaration of Unity of Ttle - Boos Development - Famlly Dollar.doc America's Gateway to the Gulfstream