R16-1361
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RESOLUTION NO. R16-136
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE DECLARATION OF
RESTRICTIVE COVENANT FOR THE PROJECT
KNOWN AS STOR-ALL LUXURY RV AND BOAT
STORAGE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on May 17, 2016, the City Commission approved the Stor-All Luxury
RV & Boat Storage site plan application (NWSP 15-002) for the property located south of
Boynton Beach Boulevard between the FEC Railroad and the I-95 rights-of-way; and
WHEREAS, as part of the Development Order, the City Commission _ placed a
condition of approval for the developer to submit a restrictive covenant for review by staff and
approval by the City Commission; and
WHEREAS, the City Commission upon recommendation of staff, deems it
appropriate to approve the Declaration of Restrictive Covenant for the project known as
STOR-ALL LUXURY RV AND BOAT STORAGE to be recorded with the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby approve the Declaration of Restrictive Covenant for the project known as STOR-ALL
LUXURY RV AND BOAT STORAGE, a copy of which is attached hereto as Exhibit "A".
Section 3. That the Declaration of Restrictive Covenant will be recorded by the
C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.IE5\SATNOEVN\Stor-
All Declaration of Restrictive Covenant - Reso.doc
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City Clerk in the Public Records of Palm Beach County, Florida.
Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this day of �i%I/Pii9 6a'' , 2016.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Judith A. Pyle, CMC
City' lerk
(Corporate Seal)
YES NO
Mayor — Steven B. Grant
Vice Mayor — Mack McCray
Commissioner — Justin Katz
Commissioner — Christina L. Romelus
Commissioner — Joe Casello
VOTE
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All Declaration of Restrictive Covenant - Reso.doe
.� �t ��1��`t
Prepared by and return to: 1 1T ��;1,' t�
James A. Cherof, City Attorney
! 6 DEC 30
c/o City of Boynton Beach, Florida
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
CFN 20160
OR le, 28764 PG 1600
RECORDED 12/13/2016 13:32 :4
Palm Beach Cczunt9 p Florida
Sharon R. BockyCLERK & comp
Pss 1600 - 1602; (3p9s)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenant ( "Declaration ") is made this day of k)Z v
2016, by STOR -ALL LUXURY RV AND BOAT STORAGE, LLC a Florida limited liability
company ( "Owner /Declarant "). The legal description of said property is attached hereto as
Exhibit A ( "property").
RECITALS
WHEREAS, Owner is developing a certain parcel of land ( "Property") located in Palm Beach
County, Florida, more fully described in Exhibit "A" attached hereto and made a part hereof and
WHEREAS, Owner agreed in conjunction with and as a condition of City of Boynton Beach
development approval to restrict uses of the Property and to formalize those restrictions in a
Declaration of Restrictive Covenants.
WHEREAS, it is the purpose of this Declaration and it is Owner's intent, to place the following
use restrictions, covenants and conditions on the Property.
1) Only the following uses and activities are permitted on the Property:
i) Storage of luxury self - propelled Class "A, B, or C" motor homes.
ii) Storage of motor boats on trailers.
2) The following uses and activities are prohibited on the Property:
i) Mechanical repairs of recreational motor homes and /or boats.
ii) Storage of commercial vehicles.
iii) Flushing of boat engines.
iv) Overnight occupancy in motor homes or boats.
v) Sales of recreational motor homes or boats.
3) A stored motor home shall be in operable condition.
4. A "motor home," is a vehicular unit which does not exceed the length, height, and width limitations
provided in s. 316.515, is a self - propelled motor vehicle, and is primarily designed to provide temporary
Iiving quarters for recreational, camping, or travel use. Fla. Stat. Ann. § 320.01 (West)
{00156978.3 306 - 9001821)
4) Hours of operation on the Property are limited from 9:30 am to 6:00 pm daily for the
business office.
5) Recreational motor homes and boats may have ingress or egress to the Property only between
6:00 am to 10:00 pm daily.
6) This Declaration may be amended or canceled in a properly executed and recorded
document, with mutual consent of the parties to this Declaration or by their successors in
interest. Amendment may occur only after approval by the City Commission following
public notice and public hearing in the same manner as a major site plan modification.
7) This Declaration shall be and constitute an obligation on the property of the Owner, running
with and binding on the Parcel regardless of the title or ownership thereof, and regardless of
any change which may take place herein.
8) These restrictive covenants run in favor of and are therefore enforceable by the City of
Boynton Beach.
9) These restrictive covenants are conditions of the approved site plan for the Property and are
enforceable by code enforcement action, revocation of the site plan, revocation of the
business tax receipt and/or certification of use for the Property, or injunction in a Court of
competent jurisdiction.
10) The terms of this Declaration shall be effective on the date of recording, and shall be binding
upon and shall inure to all successors in interest to the parties to the Declaration, and shall
run with the Owner's land.
11) Within fourteen (14) days after the parties have approved and executed this Declaration, the
City shall record this Declaration with the Clerk of the Court, Palm Beach County, Florida.
IN WITNESS WHEHREOF, the Owner has executed this Declaration the day and year
first above written.
WITNESSES 1 OWNER .,'
Type or Print Name Type or Print Name
Type or Print Name �-
STATE OF FLORIDA:
COUNTY OF BROWARD:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and the County aforesaid to take acknowledgments, personally appeared
100156978.3 306- 9001821)
P :5 ), , IEANS , the person who subscribed to the foregoing instrument, as
the tl) jQ q ?)( (title), of STOR -ALL LUXURY RV AND BOAT STORAGE,
LLC, a Florida limited liability company, and acknowledged that he executed the same on behalf
of said limited liability company and that he was duly authorized to do so. He is personally
known to me or- p roduced a ,,, „_
driver's license as identification.
IN WITNESS WHEREOF, j hereunto set my hand and official seal.
Print Name
My Commission Expires:
SHARON ESTOK
*: ,: MY COMMISSION w FF 535069
-a` EXPIRES: December 22, 2015
i
c Bonded Thor WM Pu16c LW'mihR
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{001569783 306 - 90018215