Loading...
R19-0111 2 3 4 C, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. R19- 011 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING RELEASE OF A UNITY OF TITLE RELATED TO LOTS 4 & 5 IN THE QUANTUM PARK AT BOYNTON BEACH PID PLAT NO.2 AKA 2600 QUANTUM BOULEVARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, 2600 Quantum Blvd., LLC, the owner of the property located at 2600 Quantum Boulevard has requested the termination and release of the Unity of Title that affects such property and adjacent property; and WHEREAS, the owner of the property is agreeable to recording a Declaration of Restrictive Covenants that extends the required setback to the adjacent property by twelve (12) feet; and WHEREAS, the City Staff has reviewed the request and recommends release the Property from the operation and effect of the Unity of Title encumbering the Property recorded in Official Records Book 6099, Page 871, Public Records of Palm Beach County, Florida subject to the conditions hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OP' THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated by this reference. Section 2. The City Manager is hereby authorized and directed to sign the Release f Unity of Title, a copy of which is attached hereto as Exhibit "A". The City Attorney is to retain possession and to delay recording of the Release until such time as: 1 27 28 29 30 31 32 33 34 35 36 37 38 W A. The Property Owner has submitted to the Development Department a parking analysis/opinion from professional third party planner or engineer that the parking provided on the lots on which the property owners building is located satisfies the required parking pursuant to the City Land Development and parking regulations; and B. The City Development Director or his designee provides the City Attorney that the analysis/opinion referred to above is acceptable to the Development Deportment and is in accord with City Land Development and parking regulations. C. The City Attorney is provided with a copy of the Declaration of Restrictive Covenants attached as Exhibit `B" following recordation by the property owner. Section 3. This Resolution shall become effective immediately upon passage but will automatically be rescinded if the conditions stated in Section 2 A and B above are not completed by April 15, 2019. 2 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 PASSED AND ADOPTED THIS DAY OF JAA/q�, 2019. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Stephen B. Grant Vice Mayor — Christina L. Romelus _ Commissioner — Mack McCray _ Commissioner — Justin Katz Commissioner — Aimee Kelley _ VOTE 5� ATTEST IPJ Pyle, CMC, Ciq Clerk (Corporate Seal) 3 09 —O 1 ( CFN 20190039466 OR BK 30398 PG 536 RECORDED 02/04/2019 15:30:09 Palm Beach County, Florida AMT Sharon R. Bock Record and return to: CLERK&COMPTROLLER Pgs 0536-0540; (5Pgs) David B. Norris,Esq. Cohen,Norris,et al. 712 U.S.Highway One,Suite 400 North Palm Beach,Florida 33408 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration") is entered into this day of 2018 2018 by 2600 QUANTUM BLVD, LLC, a Florida Limited Liability Company, whose addr s is 2600 Quantum Boulevard, Boynton Beach, Florida 33426 ("Declarant"). RECITALS A. Declarant is the fee simple owner of certain real property located in Palm Beach County, Florida, as more particularly described in Exhibit "A" attached hereto and made part hereof(the"Property"). This Property is vacant. B. Declarant also owns the real property next to the Property as described in Exhibit "B" attached hereto ("Property B"). The improvements located on Property B are seven (7) feet from the property line between Property B and the Property. C. The required setback for each of these properties is twenty(20) feet. D. Declarant is interested in possibly selling the Property or developing the same. E. In order to be able to sell and/or develop the Property,Declarant deems it desirable and in the best interests of all present and future owners of the Property that the Property be held subject to the restrictions as set forth herein. NOW, THEREFORE, for good and valuable consideration, the mutual receipt and sufficiency of which is hereby acknowledged by each of the undersigned parties, Declarant agrees as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Declarant hereby imposes on the Property the following restriction: a. So long as the improvements on Property B continue to be located seven (7) feet from the property line between Property B and the Property, the required setback for the Property from such property line shall be thirty-three (33) feet. At such time as the improvements on Property B are removed or relocated to at least twenty (20) feet from the property line between Property B and the Property,this restriction shall terminate. I CFN 20190039466 BOOK 30398 PAGE 537 2 OF 5 3. It is the intention of Declarant that the restrictions contained in this Declaration shall touch and concern the Property, run with the land and with the title to the Property, and shall apply to and be binding upon and in inure to the benefit of the successors and assigns of Declarant and to the City of Boynton Beach, its successors and assigns,and to any and all parties hereafter having any right title or interest in the Property or any part thereof. The City of Boynton Beach, its successors or assigns may enforce the terms and conditions of this Declaration by injunctive relief and other appropriate available legal remedies. Any forbearance on behalf of the City of Boynton Beach to exercise its right in the event of a failure of Declarant, its successors or assigns to comply with the provisions of this Declaration shall not be deemed or construed to be a waiver of the City of Boynton Beach's rights hereunder. This Declaration shall continue in perpetuity, unless modified in writing by Declarant, its successors or assigns and the City of Boynton Beach, its successors and assigns as provided in Paragraph 4 hereof. These restrictions may also be enforced in a court of competent jurisdiction by any other person, firm, corporation or government agency that is substantially benefited by this restriction. 4. This Declaration is binding until a release of covenant is executed by the City of Boynton Beach and Declarant as owner of the Property, or its successors or assigns and is recorded in the public records of Palm Beach County, Florida. This Declaration may be modified in writing only. Any subsequent amendment must be executed by both Declarant as owner of the Property, its successors or assigns and the City of Boynton Beach, its successors or assigns and be recorded by Declarant, its successors or assigns as an amendment hereto. 5. If any provision of this Declaration is held to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of any other provisions thereof.All such other provisions shall continue unimpaired in full force and effect. 6. Declarant covenants and represents that on the day of execution of this Declaration that Declarant is seized of the Property in fee simple and has good right to create, establish and impose this restrictive covenant on the use of the Property. [END OF PAGE; CONTINUED WITH SIGNATURES ON THE NEXT PAGE] 2 CFN 20190039466 BOOK 30398 PAGE 538 3 OF 5 YA IN WITNESS WHEREOF,Declarant has executed this instrument,this a"S day of uac� , 2019. 2600 QUANTUM BLVD,LLC,a Florida limite.°liability company 1 WITNESSES: By: Bo Deni'Holmes, Manager Na et-1 f / §Fle(74:0 1-6 . $0.64 ash Name: � STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Denis Holmes as Manager of 2600 Quantum Blvd, LLC, a Florida limited liability company, to me known to be the person described herein and o executed the foregoing and acknowledged before me that he executed same. He is [ personally known to me or [ ] has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this o-- day of \12 vLu � ,2019. otary , State of Florida (SEAL) My Commission Expires: O 1 Notary Public State of Florida st• Megan Pastore +xc My Commission GG 138390 alp pd Expires 09/15/2021 3 C:\Program Files(X86)1Neevia.Com\Docconverterpro\Temp\NVDC\100FD04C-D2CB-440A-BC9F-9997F5FEA9E91Boynton Beach.14398.1.Doc_Of Restrictivc_Covenant (2600_Quantum).Docx U CFN 20190039466 BOOK 30398 PAGE 539 4 OF 5 EXHIBIT"A" Lots 4, 4A and 4B, Quantum Park at Boynton Beach, P.I.D. Plat No. 2, according to the Plat thereof, recorded in Plat Book 57, Page(s) 184 and 185, of the Public Records of Palm Beach County,Florida. 4 CFN 20190039466 BOOK 30398 PAGE 540 5 OF 5 EXHIBIT"B" Lots 5 and 5A, Quantum Park at Boynton Beach, P.I.D. Plat No. 2, according to the Plat thereof, recorded in Plat Book 57, Page(s) 184 and 185, of the Public Records of Palm Beach County, Florida. 5 ' _ \\ 1 11111111111 1111111111 1111111111 1101 1111 1111 CF N 20190032194 CI Y OF r3i. IN 1 UN BEACH CITY CLERK'S OFFICE OR BK 30464 PG 0262 RECORDED 03/08/2019 12:02:26 Instrument Prepared By and Rett1R Palm Beach Counts, Florida All 1' b Sharon R. BockgCLERK & COMPTROLLER James A. Cherof, Esquire P9s 0262 - 263; (2ass) Goren, Cherof, Doody& Ezrol, P.A. 3099 E. Commercial Blvd., S-200 Fort Lauderdale, FL 33308 Parcel Tax Identification Numbers: RELEASE OF UNITY OF TITLE THIS RELEASE OF UNITY OF TITLE (the "Release") is made and entered into on the \\. day of F ., 2019, by the City of Boynton Beach, a Florida municipal corporation (the "City"). WITNESSETH: WHEREAS, the following described property(the "Property") Lots 4, 4-A, 4-B, 5 and 5-A, of Quantum Park at Boynton Beach, P.I.D. Plat No. 2, according to the Plat thereof recorded in Plat Book 57, Pages 184 of the Public Records of Palm Beach County, Florida. is subject to a Unity of Title recorded June 15, 1989; and WHEREAS, in order to facilitate the additional development of the Property, the City has agreed to release the Property from the operation and effect of the Unity of Title encumbering the Property recorded in Official Records Book 6099, Page 871, Public Records of Palm Beach County, Florida(the "Unity of Title"). NOW THEREFORE, the City hereby releases the Property from the Unity of Title and declares the Property free and clear of the operation and effect of same. 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. [SIGNATURES AND ACKNOWLEDGEMENT ON THE FOLLOWING PAGE] {00274368.1 306-9001821} Release of Unity of Title—2600 Quantum IN WITNESS WHEREOF, the undersigned has executed this Release of Unity of Title as approved by the City Commission of the City of Boynton Beach at its meeting of fS day of Sc, c-, , 2019. Signed sealed and delivered in the presence of: CITY OF BOYNTON BEACH, a Florida - municipal corporation /171ktarf Printed Name: SHAYLA ELLIS By: n,,,,r Name: Lori LaVerriere, City Manager Witness#2 Queenester Nieves Printed Name: ATTESTED BY: • By: yK Judith yle, City C/4--k o.6 �Q APPROVED AS TO LEGAL FORM: By: James A. Ch of, City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this\a day of e_\z, , 2019, by Lori LaVerriere, as City Manager of the City of Boynton Beach, on behalf of the City, who ] is personally known to me OR ] 1 has produced a Florida driver's license as identification. [Notary Seal] I I/JO 93 ) A Notary Public W Printed Name: Tammy L. Stanzione My commission expires: ,P TAMMY L STANZIONE *. MY COMMISSION#FF213683 e, EXPIRES March 25,2019 407p398-0'53 rlaidalloaySavice.cotn (00274368.1306-9001821) 2 Release of Unity of Title—2600 Quantum