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R21-056 1 RESOLUTION NO. R21-056 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE RELEASE OF THE 5 DECLARATION OF UNITY OF TITLE FOR PROPERTIES, 6 LOCATED AT THE NW CORNER OF SOUTH FEDERAL 7 HIGHWAY AND SE 23RD AVENUE AND AUTHORIZING 8 THE MAYOR TO SIGN THE RELEASE; AND PROVIDING 9 AN EFFECTIVE DATE. 10 WHEREAS, Attorney Les H. Stevens,on behalf of Knuckles LLC,is requesting the City 11 release the Unity of Title which is currently tying five (5) lots together and two(2) new Unity of 12 Titles will take the place of the one requested to be released; and 13 WHEREAS, Lots 1 and 2 have recently been developed with a fast food restaurant(Taco 14 Bell) and require a Unity of Title, while Knuckles, LLC is planning to sell Lots 3, 4 and 5, lying 15 immediately to the west of the restaurant,to another party; and 16 WHEREAS, These remaining three (3) lots must be unified to meet the minimum lot 17 standards of the zoning district;and 18 WHEREAS, the City Staff has reviewed the request and recommends approving the 19 Release of the Declaration of Unity of Title for the properties located at the NW corner of South 20 Federal Highway and SE 23rd Avenue. 21 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE 22 CITY OF BOYNTON BEACH,FLORIDA,THAT: 23 Section 1. Each Whereas clause set forth above is true and correct and incorporated 24 herein by this reference. 25 Section 2. The City Commission approves the Release of the Declaration of Unity of 26 Title for properties located at the NW corner of South Federal Highway and SE 23rd Avenue and 2 7 authorizes the Mayor to sign the Release of Unity of Title and any related documents to effectuate 2 8 the release,a copy of which is attached hereto as Exhibit"A". 2 9 Section 3. This Resolution shall become effective immediately upon passage. 3 0 PASSED AND ADOPTED this 15th day of June, 2021 31 CITY OF BOYNTON BEACH,FLORIDA 3 2 YES NO 3 3 Mayor—Steven B. Grant / 34 3 5 Vice-Mayor—Woodrow L. Hay 36 3 7 Commissioner—Justin Katz ✓ 38 3 9 Commissioner—Christina L. Romelus 40 41 Commissioner—Ty Penserga 42 4 3 VOTE S-0 4 4 ATTEST: 45 46 4 7 /4/4 �, . �✓�p L 4 8 C stal Gibson, MMC 4 9 City Clerk 50 51 52 (Corporate Seal) 53 I111111 OH 11111 11111Ili1i111111111111111111 CFN R71=' O29874n OR. BK. 32623 PG 0,1547 RECORDED 06/25/2021 15:26:51 Palm Beach Counts► Florida Instrument Prepared By and Return To: Joseph AbruzzorC:lerl; City Attorney's Office F'ss 11547. - .54 tapas City of Boynton Beach E f':si'itby may mat $ ova PO Box 310 cettiet aft S :fte eel* leThe Boynton Beach, FL 33425 *tete Otty of Bomb. n 41. , 80,000 'l7. REL S I F UNITY OF TITLE __. THIS RELEASE OF UNITY OF TITLE (the"Release") is made and entered into on the f't'day of J v,_J E::_. , 2021, by the City of Boynton Beach, Florida, a Florida municipal corporation ("City"). WITNESSETH: WHEREAS,a Unity of Title was recorded in the public records of Palm Beach County in Official Records Book 23512,Page 652 on October 26,2009("Unity of Title")against the following property(the "Property"): Lot 1,less the existing right-of-way for U.S.Highway No. 1 (State Road 5),and Lots 2,3,4 and 5,of ROBINSON'S ADDITION,according to the Plat thereof, as recording in Plat Book 23, Page 144 of the Public Records of Palm Beach County,Florida. WHEREAS, City desires to release the Unity of Title so that two (2) additional separate unity of titles may be recorded on the Property; and WHEREAS, the administrative head of the Boynton Beach Department of Development, has approved this Release; and WHEREAS,the Boynton Beach City Commission has approved this Release. NOW THEREFORE, for a valuable consideration,the sufficiency of which is acknowledged by the execution and acceptance of this Release, the City of Boynton Beach 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] 1-.1 O 1 BEACH CITY TY CLERK (00451177.2306-9001821) 1 JUL 15 '21 10::27AM IN WITNESS WHEREOF, the undersigned has executed this Release of Unity of Title as approved by the City Commission as its meeting of day of s_.)0 ..1�� , 2021. Signed, sealed and delivered in the presence of: CITY OF BOYNTON BEACH,FLORIDA, a political subdivision of the State of Florida /)--se./(27" Witness #1 Tammy�S�nziOn@ Printed Name: By: Name: Steven B. Grant Title: Mayor Printed Name: nrt-P.rt, )4.-VICAY✓J A. 9i d a to F EST:/ Az C stat Gibson, M C, City Clerk City Attorney's Office r STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me (N(, ) in person or ( ) by online notarization, this \rIt rlday of J __y—.412. , 2021 by Steven B. Grant, as Mayor of the City of Boynton Beach. He is personally known to me or produced as identification. Notary Public, State of Florida My commission expires: [Notarial Seal] ��r PUBS SHAYLA S.ELLIS � �' Commission HH 001281 � * * Expires September 19,2024 oir Wei ThruIONoWYSalvias {00451177.2306-9001821) 2 R21-056 Instrument Prepared By and Return To: City Attorney's Office City of Boynton Beach PO Box 310 Boynton Beach, FL 33425 RELEASE OF UNITY OF TITLE THIS RELEASE OF UNITY OF TITLE (the"Release") is made and entered into on the day of , 2021, by the City of Boynton Beach, Florida, a Florida municipal corporation ("City"). WITNESSETH: WHEREAS,a Unity of Title was recorded in the public records of Palm Beach County in Official Records Book 23512,Page 652 on October 26,2009("Unity of Title")against the following property(the "Property"): Lot 1,less the existing right-of-way for U.S.Highway No. 1 (State Road 5),and Lots 2,3,4 and 5,of ROBINSON'S ADDITION,according to the Plat thereof, as recording in Plat Book 23, Page 144 of the Public Records of Palm Beach County,Florida. WHEREAS, City desires to release the Unity of Title so that two (2) additional separate unity of titles may be recorded on the Property; and WHEREAS, the administrative head of the Boynton Beach Department of Development, has approved this Release; and WHEREAS,the Boynton Beach City Commission has approved this Release. NOW THEREFORE, for a valuable consideration,the sufficiency of which is acknowledged by the execution and acceptance of this Release, the City of Boynton Beach 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] (00451177.2306.9001821( 1 IN WITNESS WHEREOF, the undersigned has executed this Release of Unity of Title as approved by the City Commission as its meeting of day of ,2021. Signed, sealed and delivered in the presence of: CITY OF BOYNTON BEACH,FLORIDA, a political subdivision of the State of Florida Witness#1 Printed Name: By: Name: Steven B. Grant Title: Mayor Witness #2 Printed Name: Approved as to Form: ATTEST: Crystal Gibson,MMC, City Clerk City Attorney's Office STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me ( ) in person or ( ) by online notarization, this day of , 2021 by Steven B. Grant, as Mayor of the City of Boynton Beach. He is personally known to me or produced as identification. Notary Public, State of Florida My commission expires: [Notarial Seal] {00451177.2306-9001821) 2 R21-056 LAW OFFICES LES H. STEVENS, P.A. 5301 NORTH FEDERAL HIGHWAY SUITE 130 BOCA RATON, FLORIDA 33487 Telephone: (561)989-9797 Facsimile:(561)989-8484 E-Mail: lesstevens@earthlink.net April 16, 2021 Via FedEx City of Boynton Beach Planning & Zoning Department Attn: Amanda Basili-Ratigan 100 East Ocean Avenue Boynton Beach, Florida 33435 RE: Release of Unity of Title Our File No. 21-138 Dear Ms. Basili-Ratigan: As we discussed in our telephone conversation earlier this week, this office represents Knuckles, LLC, the owner of that certain property located at 2319 South Federal Highway, Boynton Beach, consisting of Lots 1-5 (less U.S. 1) of Robinson's Addition (PB 23, Page 144, Public Record of Palm Beach County, Florida). In 2009, a Unity of Title was required as part of the intended development of these lots as a townhouse community, and recorded in Official Records Book 23512, Page 652, of the Public Records of Palm Beach County, Florida ("Original Unity of Title"). Consistent with the Unity requirement, the prior owners recorded a Declaration of Covenants and Restrictions. This development was never commenced, and my client, as current owner, terminated the Declaration in the Public Records. Recently, my client has leased Lots 1 and 2 for the Taco Bell that was currently built. At the time of construction of same, the City required a Unity of Title for Lots 3, 4 and 5, which was recorded in Official Records Book 31309, Page 58, of the Public Records of Palm Beach County, Florida; however, the Original Unity of Title was not released. My client is now under contract to sell Lots 3, 4 and 5, and a formal termination of the Original Unity of Title is hereby required. In furtherance of this request, enclosed are the following: 1. Original Unity of Title recorded in Official Records Book 23512, Page 652, of the Public Records of Palm Beach County, Florida, which is the subject of this release request; 2. Declaration of Unity of Title for Lots 3, 4 and 5 recorded in Official Records Book 31309, Page 58, of the Public Records of Palm Beach County, Florida, which shall remain in full force and effect; Ms. Amanda Basili-Ratigan City of Boynton Beach P&Z April 16, 2021 Page 2 3. A copy of the as-built survey on Lots 1 and 2 (Taco Bell); and 4. A copy of a survey of Lots 1-5 (a new survey for Lots 3, 4 and 5 is pending completion of due diligence by the proposed purchaser of said Lots). 5. This office's check in the sum of $150.00, which represents the application fee for the Release of the Unity of Title. Request is hereby made for the Release of the Unity of Title recorded in OR 23512, Page 652, of the Public Records of Palm Beach County, as provided in said Unity document. As time is of the essence in my client's proposed sale, your immediate assistance is greatly appreciated. Should you have any questions, or require to speak further on this matter, please, do not hesitate to contact me. Very truly y..rs, es H. Ste °sir LHS/ns enclosures (w/check) cc: Knuckles, LLC . IIIIId111111II111011IIIIIIIIIIIIII/I11111111 c',+� CF'N 20090372609 OR Bt{ 23512 PG 0652 RECORDED 10/26/2009 11:06:58 m� rr b Boynton Palm Beach County, 6 �' Ci of Bo ton Beach Florida tires B4 Building Division Sharon R. Bock,CLERK & COMPTROLLER `, 100 E.Boynton Beach Blvd. Pgs 0652 - 653; (2 ) Boynton Beach.FL 33435 pgs Record and Return QAndrew B.Blasi,Esquire Shapiro,Blasi,Wasserman&Cora,P.A. Ø 7777 Glades Road,Suite 400 s( Boca Raton,Florida 33434 . C (Space Above This Line For Recording Data) 0._--/..) DECLARATION OF UNITY OF TITLE NOW ALL II, Y THESE PRESENTS, that REALTY ACQUISITIONS INC, a Florida. orporation, pursuant to the ordinances of the City ofBBoynton Beach pertaining to the :`.uance of building permits and regulating building construction activities, the und:n4 ed, being the fee owners of the following described real property situated in the City >, •ynton Beach, County of Palm Beach and State of Florida to-wit: o Address.eC 2319 South Federal Highway Boynton Beach, Florida 33435 Legal descripu Pott 1, less the existing right-of-way for U.S. -'chway No. 1 (State Road 5), and Lots 2, 3, 4 and • •f ROBINSON'S ADDITION, according to the Plat t 0 of, as recorded in Plat Book 23, Page 144 of tbelic Records of Palm Beach County, Florida. does hereby make the following d -a2raiions of condition, limitation and restriction on said lands, hereinafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars: 1. That the aforesaid plot or combination of separate lots, plots, parcels, acreage or portions thereof, shall hereinafter be regarded and is hereby declared to be unified under one (1) title as an indivisible building site. 2. That the said property shall be henceforth be considered as one (1) plot or parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety as one plot or parcel of land. The undersigned further agree(s) that this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the undersigned, their hir , SUGGG000ro aria assigns, and 211 parties claiming undor tr,ct„ ut,til aunt, time. as the same may be released in writing by the authority of the administrative head of the Boynton Beach Department of Development and approved by the City Attorney and the Mayor upon submittal of request, applicable fees and 1 F:',DOCSRea,Estate\C:ients\\ale.Rotel\lhry of Title Fonn.aoc Book23512/Page652 Page 1 of 2 • evidence that the agreement is no longer required by law. The undersigned also agrees --at this instrument shall be placed of record in the office of the Clerk of the Circuit ,5 rt of Palm beach County, Florida. 1 °Signed, sealed, witnessed and acknowledged this2Oday of October, 2009. Witn;r;,. s: REALTY ACQUISITION & TRUST, INC., a orida corporation daidi• ' gnat o`er i -ss . R BERT J. VI LE, President As�'. I (aJ J Pr- -011'.. e of ,� :ss �/� , .....4,,, . . , / Signature of Witness D 7 EILEEN M. HA�gC> Printed Name of Witness �o STATE OF FLORIDA� e„,„ ,_ , COUNTY OPlarlI&'k'iC ) 0 I HEREBY CERTIFY that on tt ) Ll day of October, 2009, before me personally appeared ROBERT J. VITALE, .7 resident of Realty Acquisitions & Trust, Inc., a Florida corporation, on behalf . corporation to me known to be the persons described in and who executed t oing instrument and they acknowledged to me the execution thereof to be their ft and deed for the uses and purpose herein mentioned. Lt WITNESS my signature and official seal at-� afb(1 in the County and State aforesaid. ih..A i 1 • ! ' t)°\_, 6tary Pi State of Florida My Commission Expires: II ":R.'::> ABIGAIL COLON .f:' . MY COMMISSION#DD 570266 Goy of Hoy.,4o.. a.��F :.I, ,I EXPIMES.Auau i 7 2010 4,cel1N,,, witcsa Milli M]twy YUMi-uouev tcb 2 F.\JOCS\Real Estate\C er,ts'V tale.RooerhUray of Title Form.Coo Book23512/Page653 Page 2 of 2 '..riv GVGVV I VVI..) ../ OR BK 31309 PG 58 RECORDED 03/19/2020 11:57:13 Palm Beach County, Florida AMT Sharon R. Bock CLERK & COMPTROLLER Pgs 0058-0059; (2Pgs) This Instrument Prepared By: Record and Return To: Les H.Stevens, Esquire Les H, Stevens,P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 [ABOVE THIS LINE FOR RECORDING INFORMATION' DECLAJ ATfON OF UNITY OF TITLE KNOW ALL MEN BY THESE PRESENTS, that KNUCKLES, LLC, a Delaware limited liability company pursuant to the ordinances of the City of Boynton Beach, Florida pertaining to the issuance of building permits and regulation g building constructions activies.the undersigned,being the fee owner of the following described real property situated in the City of Boynton Beach, County of Palm Beach and State of Florida, to-wit: Lots 3,4 and 5, ROBINSON ADDITION. according to the map or plat thereof, as recorded in Plat Boal 23, Page 114, of the Public Records of Palm Beach County, Florida does hereby make the following declarations of conditions, limitations and restrictions on said lands, hereinafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, es to the following particulars: 1. That the aforesaid plat or combination of separate lots, plots, parcels, acreage or portions thereof, shall hereinafter be regarded and is hereby declared to be unified under one(1)title as an indivisible building site: 2. That the said property shall be henceforth be conisdered as one (1) plot or parcel of land. and that no portion thereof shall be sold,assigned, transferred, conveyed or devised separately except in its entirety es one pit or parcel of land. The undersigned further agrees that this Declaration of Unity of Title shall constitute a covenant to run with the land,as provided by law,and shall be binding upon the undersigned.their heirs,successors and assigns and all parties claiming under them until such time may be released in writing by the authority of the administrative head of the Boynton Beach De partment of Development and approved by the City Attorney and the Mayor upon submittal of reequest, applicable fees and evidence that the agreement is no longer required by law,The undersigned aslo agrees that this instrument shall be placed of record in the office of the Clerk of the Circuit Court of Palm Beach, County, Florida. Signed, led. itnessed and acknowledged this day of y{�a� " . 20 7-17 itn ' KNUCKLES, LLC, a Delaware limited lia8ilitsr core anv • Miff ' Int N , R e-f la»Ru er,President / 1• /• i� �• (J. e: t hia e: LAIN LULUU IUUUJJ BOOK 31309 PAGE 59 2 OF 2 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing insfr�ment was acknowledged before me by means of[ ] physical presence or[ I online notarization, this ► day of March, 2020, by Alan Rutner, s President of KNUCKLES, LLC, a Delaware limited liabiljty company, on behalf of the entity who Ni(VS ersonally known to me, o produced N + as identification, / ) has 19 Notary Public, State . Florio- Printed Notary Name My commission expires: CARMMAD A. CARRILLO s Notary Public •Stats W F orlda ,r�:` Commtssian•CF 989347 My Cam.EKRires Jun 26,2020 L. 6an4eti Ihrout tiabonal NOl1411 Assn. RECORD DRAWING .........14 g.„....r \ IL ,..t i i (AS-BUILT SURVEY) I , .• i i sr.. I tr if 9a26 .,. . I ... _. , . • !i 5?0. WI' :_I-1-r---"ii t! , •• 1 ',..4,1411%=. 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BLDG : • : i 1 „::, i SEE SHEET 1 012(C-OS) ,,, ....rio. i FOR SURVEYORS REPORT ot IC ,RI'El LIA/1 HO MI.Ma :1 AND CERTIFICATE SHEET 2 OF 2 . ”, -Nommememm, ALTA/ACSM LAND TITLE SURVEY 'orcoNTA/Ns: - --. --_- .._..._._.. ---.-- •N.SSISOLAREFEET OR 135AZIFES MORE OR TESS PROPERTY ADDRESS: c�nlnr,CL4NR1Fu,tTIOA- ` ITE i I OD1'H F`f Ra.HIGiA1,ar LEGAL DESCRIPTION: z BOYNTONBEACH.EL. 1f�TllE3-77EfidliNGR10M1OF WAY FOR US HIGHWAY NO.I(STATE ROADS).AND LOTS PER PALM MACHO:MiTV PROPERTY APPRAISERS WEER TE 1.J.4 ANDS.ROBWSON ADDITION ACCORDING TO THE RAT THEREOF.AS RECORDED IN PLAT AS PROVIDED ONNA,..ra pry fun AaPA Me..An BOOK 23,PAGE III.OF THE FV&iC RECORDS OF PALMBEACH COUNTY.FLORIDA -USE CODE 10.tl-VACED)CdJtlERC(Al ,` SURVEY NUMBER-246503 ZONEOA5:CS-COAINUVSY COMMERCIAL(OSAOYNTONBEACH) COMMUNITY NUMBER 120196 ` PANEL(003 SUFFIX C FLOOD ZONE.B EaZi:aT. .J-Ct OPERA:ICI-MRPUi ERIE... . .. t.�.-... 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RnLRa(1n.1 NAN. : a__.. ._l. -_--_b.'"'_- } e..'y' _R • _ -1- sLLRON urt Iaal Rlm wv___ nRu+<gXyyyy,,aL v.P _ __ –�___ _._ __ SR.'2Ra0'• alffL'w'R �__ ..� _,...4___, ___._ __-... _._YfJtaM- .__.SL.IgN S61LT&R5.vcti i d RT-_ .-- _ isa msza_ _ _ 2!NE 2505. -- _ - -- _ _. _ —� Y. _ _ _ E —r S.E. 23rd AVENUE (F) 5555) .9 - - ROBINSON SIHUI (P)._.. _____ . -_ Ing) 1 Pa IS 70 CERNEY11,1 LET(MIS MAP OR PLAT ANO THE SURVEY Oil MINCH ,., -._-...-.. IT IS OASES WERE MAUI-in ACCOROANCE✓ITH THE 2511A1 ME .50'R/W LAS..ALI) • STM'OARDDETAIL REOUWEATNTS FOR AL TNACSU LMOTTE SUR(EYS. ( ARV LY ES TASLISHEO AND MVP/ED EIV A(lAMONSPS.ANO MCIWES- - - ------�-�- ---- �--- -�---_- _-- ---- 14443ITEASF I.Z J.J.J.B.11IJ1_AND IB OF THE TABLE A(HEREOF TILE PARCELS AAE CONAGUOUS ARO CONTAIN 110 GORES,GAPS OR OVERLAPS I I 720E FIELD WORE WAS20$2 CgroIElEU ON OU16201G f _ALONG THEIR COMMON ROLMIOARES UNLESS OTHERWISE SHOWN l DATE OFAtAR 01,702016 `\ / --- \ SERVING ALL RONDACWNIES GI:NRAI._AOTAS LI.YlPA'U TARGET �A.WP,0000.0 00,..„M.�11 11.P,Hf..,110.1.I,N.A<.0rWOOE. ••. m ar ra .. L/�91[M.Aaf to rot/KTd rr.f ll..t nxo.mR nor rP H kro rPRCd6IMc1.t4npN155 Mr1AK..'0 BO ..Ga[srw,xJ.fiTx,�ttwrli✓ . T ... y.000.0401 T:,6F:�;ovN A. -sii.:v7..r \��/ SURVEYING.LLC `;•1:":Om..0.rL IS., j� H,. >. ••• yA/.1r6W1:-•ou.KVt SLO1rHZi WOOD - Lllp STATEWIDE NW.M1L.z�algl.E FACSWAE'N1IUR400 1EW ,avLf•IT.0 YAW a. , 0 �K1r +w 4 4WWWW.'1.1 F,01/001..Watl..vx. I.m11X a.m FA[S.NE ROOI1..-0SL{ At.(%aYl :t..: - MPA'.n..r�pNun.,1p.41 P.fxsrvt..ul conr.rp rral0..re idrenMro'r(t<Wifu[+cMflrawrgr.s Co :44:11.7 aw..r yr F. ..ro-Vow ror Woof. .I .`^�..Vr. x .wa �� y bib LES H. STEVENS, P.A. E& �: OPERATING ACCOUNT SUN UST ACH RT 061000104 5301 N. FEDERAL HWY.,STE 130 63-215/631 BOCA RATON, FL 33487 4/16/2021 PAY TO THE ORDER OF City of Boynton Beach $ **150.00 One Hundred Fifty and 00/100 DOLLARS City of Boynton Beach MEMO AUTl49RKED SIGNATURE Release of Unity of Tilte 000006 LE, 211 1:063 LO 2 Ls 21: 1000 /40569 2 LO"• LES H.STEVENS,P.A. 6162 City of Boynton Beach 4/16/2021 Client Cost Payment:Filing Fee Knuckles- Release of Unity of Title 150.00 Operating Account Release of Unity of Tilte 150.00 This Instrument Prepared By: Record and Return To: Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 [ABOVE THIS LINE FOR RECORDING INFORMATION] AMENDED AND RESTATED DECLARATION OF UNITY OF TITLE KNOW ALL MEN BY THESE PRESENTS, that KNUCKLES, LLC, a Delaware limited liability company pursuant to the ordinances of the City of Boynton Beach, Florida pertaining to the issuance of building permits and regulation g building constructions activities,the undersigned,being the fee owner of the following described real property situated in the City of Boynton Beach, County of Palm Beach and State of Florida; to-wit: Lots 3, 4 and 5, ROBINSON ADDITION, according to the map or plat thereof, as recorded in Plat Book 23, Page 114, of the Public Records of Palm Beach County, Florida LESS AND EXCEPT THAT PORTION OF LOTS 3, 4 AND 5, AS DESCRIBED IN THE WARRANTY DEED IN FAVOR OF PALM BEACH COUNTY FOR ADDITIONAL RIGHT OF WAY RECORDED IN O.R. BOOK 32095, PAGE 1119, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND FOR ADDITIONAL RIGHT OF WAY PURPOSES, LYING WITHIN LOTS 1,2, 3,4 AND 5 OF ROBINSON ADDITION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 144, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 28127,PAGE 293,OF SAID PALM BEACH PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 5 OF ROBINSON ADDITION; THENCE N 00°31'20" W, ALONG THE WEST LINE OF SAID LOT 5, FOR 2.00 FEET; THENCE N 89°28'40" E FOR 383.14 FEET TO THE WEST RIGHT OF WAY LINE OF STATE ROAD NO. 5 (PER SECTION 93010-2205);THENCE S 04°57'25"W ALONG SAID RIGHT OF WAY LINE FOR 2.01 FEET TO THE NORTH RIGHT OF WAY LINE OF S.E. 23RD AVENUE;THENCE S 89°28'40"W ALONG SAID RIGHT OF WAY LINE FOR 382.95 FEET TO THE POINT OF BEGINNING. does hereby make the following declarations of conditions, limitations and restrictions on said lands, hereinafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars: 1. That the aforesaid plat or combination of separate lots, plots, parcels, acreage or portions thereof, shall hereinafter be regarded and is hereby declared to be unified under one(1)title as an indivisible building site; 2. That the said property shall be henceforth be considered as one (1) plot or parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety as one plot or parcel of land. The undersigned further agrees that this Declaration of Unity of Title shall constitute a covenant to run with the land,as provided by law,and shall be binding upon the undersigned,their heirs,successors and assigns and all parties claiming under them until such time may be released in writing by the authority of the administrative head of the Boynton Beach Department of Development and approved by the City Attorney and the Mayor upon submittal of request, applicable fees and evidence that the agreement is no longer required by law. The undersigned also agrees that this instrument shall be placed of record in the office of the Clerk of the Circuit Court of Palm Beach, County, Florida. Upon recordation in the Public Records of Palm Beach County, Florida, the Unity of Title recorded in Official Records Book 31309, Page 58,of the Public Records of Palm Beach County, Florida shall be of no further force or effect. Signed, sealed, witnessed and acknowledged this day of , 20 Witnesses: KNUCKLES, LLC, a Delaware limited liability company By: Print Name: Alan Rutner, President Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of[ ] physical presence or[ ] online notarization,this day of ,2021, by Alan Rutner,as President of KNUCKLES, LLC, a Delaware limited liability company, on behalf of the entity who [ ] is personally known to me, or[ ] has produced as identification. Notary Public, State of Florida Printed Notary Name My commission expires: Consented to and approved by the City of Boynton Beach By: Approved as to form: By: , City Attorney Per Resolution , adopted , 2021. This Instrument Prepared By: Record and Return To: Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 North Federal Highway Suite 130 Boca Raton, Florida 33487 [ABOVE THIS LINE FOR RECORDING INFORMATION] DECLARATION OF UNITY OF TITLE KNOW ALL MEN BY THESE PRESENTS, that KNUCKLES, LLC, a Delaware limited liability company pursuant to the ordinances of the City of Boynton Beach, Florida pertaining to the issuance of building permits and regulation g building constructions activities,the undersigned,being the fee owner of the following described real property situated in the City of Boynton Beach, County of Palm Beach and State of Florida; to-wit: Lot 1 and 2,ROBINSON ADDITION,according to the map or plat thereof,as recorded in Plat Book 23, Page 114, of the Public Records of Palm Beach County, Florida LESS AND EXCEPT THAT PORTION OF LOTS 1 AND 2, AS DESCRIBED IN THE WARRANTY DEED IN FAVOR OF PALM BEACH COUNTY FOR ADDITIONAL RIGHT OF WAY RECORDED IN O.R. BOOK 32095, PAGE 1119, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND FOR ADDITIONAL RIGHT OF WAY PURPOSES, LYING WITHIN LOTS 1,2, 3,4 AND 5 OF ROBINSON ADDITION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 144, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 28127,PAGE 293,OF SAID PALM BEACH PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 5 OF ROBINSON ADDITION; THENCE N 00°31'20" W, ALONG THE WEST LINE OF SAID LOT 5, FOR 2.00 FEET; THENCE N 89°28'40" E FOR 383.14 FEET TO THE WEST RIGHT OF WAY LINE OF STATE ROAD NO. 5(PER SECTION 93010-2205);THENCE S 04°57'25"W ALONG SAID RIGHT OF WAY LINE FOR 2.01 FEET TO THE NORTH RIGHT OF WAY LINE OF S.E. 23RD AVENUE;THENCE S 89°28'40"W ALONG SAID RIGHT OF WAY LINE FOR 382.95 FEET TO THE POINT OF BEGINNING. does hereby make the following declarations of conditions, limitations and restrictions on said lands, hereinafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars: 1. That the aforesaid plat or combination of separate lots, plots, parcels, acreage or portions thereof, shall hereinafter be regarded and is hereby declared to be unified under one(1)title as an indivisible building site; 2. That the said property shall be henceforth be considered as one (1) plot or parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety as one plot or parcel of land. The undersigned further agrees that this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the undersigned,their heirs, successors and assigns and all parties claiming under them until such time may be released in writing by the authority of the administrative head of the Boynton Beach Department of Development and approved by the City Attorney and Mayor upon submittal of request, applicable fees and evidence that the agreement is no longer required by law. The undersigned also agrees that this instrument shall be placed of record in the office of the Clerk of the Circuit Court of Palm Beach, County, Florida. Signed, sealed, witnessed and acknowledged this day of , 20 . Witnesses: KNUCKLES, LLC, a Delaware limited liability company By: _ Print Name: Alan Rutner, President Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of[ ] physical presence or [ ] online notarization, this day of , 2021, by Alan Rutner, as President of KNUCKLES, LLC, a Delaware limited liability company, on behalf of the entity who [ ] is personally known to me, or [ ] has produced as identification. Notary Public, State of Florida Printed Notary Name My commission expires: This instrument prepared by: Record and Return to: Les H. Stevens,P.A. 5301 North Federal Highway Suite 130 Boca Raton,Florida 33487 EASEMENT THIS INDENTURE made this day of May, A.D., 2021, By KNUCKLE,LLC, a limited liability company existing under the laws of Delaware, and having its principal place of business at 5300 Broken Sound Boulevard,NW, Suite 110, Boca Raton, Florida 33487, first part,to the City of Boynton Beach, a political subdivision of the State of Florida, second party: (Wherever used herein,the terms,"first party"and"second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations,wherever the context so admits or requires) WITNESSETH Whereas, the first party is the owner of property situate in Palm Beach County, Florida, and described as follows: PCN 08-4345-33-06-000-0010 Legal Description: See attached Exhibit"A" and, WHEREAS,the second party desires an easement for water and sewer utiiitic5 and/or other appropriate purposes incidental thereto, on, over and across said Property, and, 1 WHEREAS, the first party is willing to grant such an easement, NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar and other good and valuable considerations,the first party does hereby grant unto the party of the second part, its successors and assigns, full and free right and authority to construct, maintain,repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement, on over and across the above described property for said purposes. IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized,the day and year first above written. Signed, sealed and delivered In the presence of: KNUCKLES, LLC,a Delaware limited liability company Signature BY Print Name Alan Rutner, President Signature Print Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of[x] physical presence or [ ] online notarization, this day of , 20 ,by Alan Rutner. as President of Knuckles. i.i.C_ a Delaware limited liability company. on behalf of tlic entity who [ ] is persoaally known to me. or [ 1 has produced as identification. Notary Public, State of Florida My commission expires: 2 SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA E. WOODRICHT RD. PARCE LOC TON S.W. 23RD AV . < ¢z Q I O U i G N Q W J ., h� y Q LL h• BOYNTON BEACH a I LOCATION MAP LEGAL DESCRIPTION: (NOT TO SCALE) A PORTION OF LOTS 3 AND 4 OF ROBINSON ADDITION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 144, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. COMMENCE AT THE SOUTHWEST CORNER OF LOT 2 OF SAID ROBINSON ADDITION; THENCE RUN N 00°31'20" W ALONG THE WEST BOUNDARY OF SAID LOT 2 OF ROBINSON ADDITION FOR 2.00 FEET; THENCE S 89°28'40" W FOR 9.29 FEET TO THE POINT OF BEGINNING; THENCE N 40°48'46" W FOR 32.62 FEET; THENCE N 00°31'20" W FOR 26.70 FEET; THENCE S 89°28'40" W FOR 20.00 FEET; THENCE S 00°31'20" E FOR 4.94 FEET; THENCE N 90°00'00" W FOR 9.86 FEET; THENCE S 00°05'46" W FOR 46.73 FEET; THENCE N 89°28'40" E FOR 10.00 FEET; THENCE N 00°05'46" E FOR 21.68 FEET; THENCE N 89°28'40" E FOR 9.82 FEET; THENCE S 40°48'46" E FOR 28.28 FEET; THENCE N 89°28'40" E FOR 13.11 FEET TO THE POINT OF BEGINNING. CONTAINS 1354.8 SQUARE FEET MORE OR LESS. SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT THE INFORMATION SHOWN HEREON IS A TRUE REPRESENTATION OF A SKETCH AND LEGAL DESCRIPTION, PREPARED UNDER MY DIRECT SUPERVISIOV �EETS THE INTENT OF THE STANDARDS OF PRACTICE AS SET FORTH IN CHAPTER, 1\ RAC ? , ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STAT S,---;,f, • ' * ,r . /7- OP 10 16-20 NO 4815 • L srATE of DATE •� • WILLIAM C. WARD NOT A �. ' t <440* EY PROFESSIONAL LAND SURVEYOR NO. 48151 • r.-r-ATG OF FLORIDA Legal DescriptIOTV'4.Aor,0mpany 3KeiCh LIFT STATION UTILITY EASEMENT BY: WNBJ TERRAMETRIX , LLC DDQARA N D BY: WCW SURVEYING - PLANNING - GEOMATICS DATE: 10- 16-20 Slate of Fiorda LB No.8168 FILE LOCATION: 20067 5353 Gulf Blvd. Suite 204A - Sl. Pete Beach, Florida 33706 727-289-2113 JOB NUMBER: 20067 J SHEET NO.: 1 OF 2 SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA I ROBINSON ADDITION PLAT BOOK 23, PAGE 144 0' 20' 40' LOT 2 SCALE 1" = 20' LOT 3 N S 003 O1'20" E � 4.94' TACO BELL SITE S 8928'40" W 14_0 N 90'00'00'' W .00' s 9.86' 20cc Q O Z o TANGENT TABLE o � 1354.8 m T01 N 00'31'20" W 2.00' Lor 4 S No F— w T03 N 8928'40" E 10.00' h 0 _T04 N 00'05'46" E 21.68' � ccS TO5 2 TO5 N 8928'40" E 9.82' o moo. POB T06 N 8928'40" E 13. 11' a � " cA_ c. ...(5‘ - r 'T6, N o ; o� a� (a NEW NORTH TO 1 T06 T02 - N R/W LINE T03 _ S.E 23RD AVENUE POC �, ROBINSON STREET BY PLAT SW CORNER OF LOT 2 0-1 50' R/W(P) - S 8928'40" W 1/4 SECTION LINE BEAR/NG BASIS NOT A BOUNDARY SURVEY Sketcri to Accompany Legal Description LIFT STATION UTILITY EASEMENT T E RRA M ET R I X , LLC DRAWN BY: BJ APPROVED 8Y: WCw SURVEYING - PLANNING - GEOMATICS DATE: 10- 16-20 State of Florida LB No.8168 FILE LOCATION: 20067 5353 Gulf Blvd. Suite 204A - St. Pete Beach,Florida 33706 727-289-2113 SOS NUMBER: 20067 SHEET NO.: 2 OF 2