R22-004I RESOLUTION NO. R22- 004
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AUTHORIZING THE MAYOR TO SIGN A SPECIAL WARRANTY DEED AND
5 ANY AND ALL OTHER TRANSACTION DOCUMENTS NECESSARY TO
6 EFFECTUATE THE SALE OF SAID PROPERTY TO THE PURCHASER IN THE
7 BOYNTON VILLAGE PARK CONVEYANCE; AND PROVIDING AN
8 EFFECTIVE DATE.
9
10 WHEREAS, on November 16, 2021, the City Commission approved resolution R21-157
11 to enter into a purchase and sale agreement between the City of Boynton Beach and Lutheran
12 Services Florida, Inc. for the City owned parcel located at the northeast corner of NE 3rd Street
13 and NE 9th Avenue; and
14 WHEREAS, at the November meeting the City Commission instructed staff to draft a
15 restrictive covenant to be recorded with the special warranty deed restricting the property to
16 be used in perpetuity only for civic or non-profit corporation purposes and no other purposes
17 WHEREAS, the Commission upon recommendation of staff, has deemed it to be in the
18 best interests of the citizens and residents of the City to approve the Special Warranty Deed
19 and authorize the Mayor, on behalf of the City of Boynton Beach, to sign, execute and deliver
20 a Special Warranty Deed and any and all other transaction documents necessary to effectuate
21 the sale of said Property to the Purchaser.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
23 BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption.
26 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
S:\CA\RESO\Real Estate\Special Warranty Deed Lutheran Services - Reso.docx
27 approve the Special Warranty Deed and authorize the Mayor, on behalf of the City of Boynton
28 Beach, to sign, execute and deliver a Special Warranty Deed and any and all other transaction
29 documents necessary to effectuate the sale of said Property to the Purchaser. A copy of the
30 Special Warranty Deed is attached hereto as Exhibit "A".
31 Section 3. This Resolution shall become effective immediately upon passage.
32 PASSED AND ADOPTED this 4th day of January, 2022.
33
CITY OF BOYNTON BEACH, FLORIDA
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Mayor — Steven B. Grant
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Vice Mayor - Woodrow L. Hay
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Commissioner -Justin Katz
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Commissioner - Christina L. Romelus
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44 Commissioner — Ty Penserga
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46 VOTE
47 ATTEST:
48 ^
49
f- Crystal Gibs n, MMC
City Clerk
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53
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55 (Corporate Seal) 0 '$qA.
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56 INCORPORaiEO
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S:\CA\RESO\Real Estate\Special Warranty Deed Lutheran Services - Reso.docx
YES NO
THIS INSTRUMENT PREPARED BY:
Sean M. Swartz,Esq.
GOREN,CHEROF,DOODY&EZROL,P.A.
3099 E.Commercial Blvd.,Suite 200
Fort Lauderdale,Florida 33308
Folio No.: 08-43-45-21-18-000-1510
0843-45-21-18-000-1540
SPACE ABOVE THIS LINE RESERVED FOR RECORDING DATA-------------
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, is made this I day of n , 2022 by the
City of Boynton Beach, a Florida municipal corporation("Grantor"), whose post ffice address is
100 E Ocean Ave,Boynton Beach,FL 33435,to Lutheran Services Florida, Inc., a Florida not-for-
profit corporation("Grantee"),whose post office address is 3627 West Waters Ave.,Tampa,FL 33614.
WITNESSETH:
Grantor, in consideration of the sum of Ten Dollars ($10.00), and other good and valuable
consideration paid by Grantee,the receipt and sufficiency of which are hereby acknowledged,has granted,
bargained and sold,and by these presents does grant,bargain and sell,to Grantee,Grantee's successors and
assigns,as appropriate, forever,the following land situated in Palm Beach County,Florida,to-wit:
See Exhibit A attached hereto and made a part hereof.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining(collectively,along with said land,hereinafter referred to as"Property").
THIS CONVEYANCE is subject to taxes and assessments for the year 2022 and all years
subsequent thereto, zoning ordinances, restrictions, prohibitions and other requirements imposed by
governmental authorities,conditions,reservations,restrictions,limitations and easements and other matters
of record, none of which are hereby reimposed, and the Restrictive Covenant set forth on Exhibit B,
attached hereto and made a part hereof.
TO HAVE AND TO HOLD, the same in fee simple subject to the Restrictive Covenant in
Exhibit B forever.
AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said
land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and
hereby specially warrants the title to said Property and will defend the same against the lawful claims of all
persons claiming by,through or under the said Grantor,but against none other.
[Signature on Following Page]
IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the day and
year first above written.
Signed, sealed and delivered
in the presence of: GRANTOR:
WITNESSES: CITY OF BOYNTON BEACH,a Florida
municipal corporation
Al r
1 I • , I i By: A a
Print Name: eirlairdnatIESMNam'teven B. Grant
• Title: Mayor
Print; ame: Tct.Ott- csaytcL,e?
ti
APPROVEIITO FIR ,
A 1" EST: /
}:G I _ CITY ATTORNEY
C stal Gibson, City Clerk
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me, by means of(physical presence or 0
online notarization,this_l_L day ofc\LAAt-ccam� by Steven B. Grant, as Mayor of the City of
Boynton Beach, Florida, on behalf of the City. He i ersnnally known to me or has produced
as identification.
[NOTARIAL SEAL] /
I!dz�/L/%. %0.4ii. /A i
o��Y'�B� TAMMY L STANZIONE NOTARY P :L Iv, STAT 0 FL')RIDA
x Commission#GG 306158 ammy L. Stanzione
tlr Expires March 25,2023
�Of f<0�o Baled 7Nv Budget Notary Services
Print Notary Public's Name
My Commission Expires: 3 - � a5
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EXHIBIT A TO SPECIAL WARRANTY DEED
LEGAL DESCRIPTION
Parcel 1:
LOT 151,ARDEN PARK ADDITION TO BOYNTON,FLORIDA,ACCORDING
TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE
96,PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
LESS AND EXCEPT THAT PORTION OF LOT 151 DEDICATED IN OFFICIAL
RECORD BOOK 32295 AT PAGE 1417 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA DESCRIBED BELOW:
BEGIN AT THE SOUTHEAST CORNER OF LOT 151 OF THE SAID PLAT OF
ARDEN PARK ADDITION TO BOYNTON FLA,THENCE RUN S89°54'02-W
ALONG THE NORTH RIGHT OF WAY LINE OF SPRUCE STREET,BEING A
40 FOOT WIDE RIGHT OF WAY PER SAID PLAT (ALSO KNOWN AS
NORTHEAST 9TH AVENUE), SAID LINE BEING THE BASIS OF BEARINGS,
FOR A DISTANCE OF 142.15 FEET TO A POINT ON THE CENTERLINE OF
THAT 10.20 FOOT WIDE ALLEY ABANDONED AS PER OFFICIAL RECORDS
BOOK 30227,PAGE 0308; THENCE RUN N07°53'34"E ALONG THE
CENTERLINE OF SAID ALLEY FOR A DISTANCE OF 10.10 FEET TO A
POINT; THENCE RUN N89°54'02"E,ALONG A LINE 10 FEET NORTH OF
AND PARALLEL TO THE NORTH RIGHT OF WAY LINE OF SPRUCE
STREET,BEING A 40 FOOT WIDE RIGHT OF WAY PER SAID PLAT (ALSO
KNOWN AS NORTHEAST 9TH AVENUE), FOR A DISTANCE OF 142.15 FEET
TO A POINT ON THE WEST RIGHT OF WAY LINE OF RAILROAD AVENUE,
BEING A 40 FOOT RIGHT OF WAY PER SAID PLAT; THENCE RUN
S07°53'34"W ALONG SAID WEST RIGHT OF WAY LINE OF RAILROAD
AVENUE FOR A DISTANCE OF 10.10 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING AND BEING IN PALM BEACH COUNTY,FLORIDA,
AND CONTAINING 0.033 ACRES,MORE OR LESS.
Folio No.: 08-43-45-21-18-000-1510
Parcel 2:
LOTS 154, 155,AND 156,ARDEN PARK ADDITION TO BOYNTON,FLA,
ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT
BOOK 2,PAGE 96, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
LESS AND EXCEPT THAT PORTION OF LOT 156 DEDICATED IN OFFICIAL
RECORD BOOK 32295 AT PAGE 1417 OF THE PUBLIC RECORDS OF PALM
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BEACH COUNTY, FLORIDA DESCRIBED BELOW:
BEGIN AT THE SOUTHWEST CORNER OF LOT 156 OF THE SAID PLAT OF
ARDEN PARK ADDITION TO BOYNTON FLA,THENCE RUN N00°36'53"E,
ALONG THE WEST LINE OF THAT PORTION OF AUSTRALIAN
BOULEVARD RIGHT OF WAY ABANDONED AS PER OFFICIAL RECORDS
BOOK 30698, PAGE 0774,FOR A DISTANCE OF 10.00 FEET TO A POINT;
THENCE RUN N89°54'02"E,ALONG A LINE 10 FEET NORTH OF AND
PARALLEL TO THE NORTH RIGHT OF WAY LINE OF SPRUCE STREET,
BEING A 40 FOOT WIDE RIGHT OF WAY PER SAID PLAT (ALSO KNOWN
AS NORTHEAST 9TH AVENUE), FOR A DISTANCE OF 156.43 FEET TO A
POINT ON THE CENTERLINE OF THAT 10.20 FOOT WIDE ALLEY
ABANDONED AS PER OFFICIAL RECORDS BOOK 30227,PAGE 0308;
THENCE RUN S07°53'34"W ALONG THE CENTERLINE OF SAID ALLEY,
FOR A DISTANCE OF 10.10 FEET TO A POINT ON THE NORTH RIGHT OF
WAY LINE OF SPRUCE STREET,BEING A 40 FOOT WIDE RIGHT OF WAY
PER SAID PLAT
(ALSO KNOWN AS NORTHEAST 9TH AVENUE); THENCE RUN S89°54'02"W
ALONG SAID NORTH RIGHT OF WAY LINE {SAID LINE BEING THE BASIS
OF BEARINGS} FOR A DISTANCE OF 155.15 FEET TO THE POINT OF
BEGINNING.
Folio No.: 08-43-45-21-18-000-1540
ADDING THOSE PORTIONS OF THE VACATED STREET AND ALLEYWAY
ACOUIRED BY LOTS 151. 154. 155.AND 156,AND AS DESCRIBED BELOW:
A PORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY(ALSO
KNOWN AS NORTHEAST 3RD STREET),OF THE PLAT OF ARDEN PARK
ADDITION TO BOYNTON FLA,AS RECORDED IN PLAT BOOK 02, PAGE 96,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
PURSUANT TO THE VACATION OF THE RIGHT OF WAY IN ORDINANCE
NO. 19-029 OF THE CITY OF BOYNTON BEACH, FLORIDA, MORE
PARTICULARLY DESCRIBED AS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 156 OF THE SAID PLAT OF
ARDEN PARK ADDITION TO BOYNTON FLA,THENCE RUN N00°36'53"E A
DISTANCE OF 147.57 FEET,TO THE SOUTHWEST CORNER OF LOT 4 OF
THE PLAT OF ROBERT WELLS' SUBDIVISION,AS RECORDED IN PLAT
BOOK 11, PAGE 66;THENCE RUN ALONG THE SOUTH LINE OF SAID LOT 4
S90°00'00"E FOR A DISTANCE OF 18.87 FEET TO A POINT AT THE
INTERSECTION OF THE SAID SOUTH LINE OF LOT 4 AND THE EAST
RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD (ALSO KNOWN AS
NORTHEAST 3RD STREET); THENCE RUN ALONG THE SAID EASTERLY
RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD S07°53'54"W A
DISTANCE OF 148.98 FEET TO THE POINT OF BEGINNING;
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SAID LANDS LYING AND BEING IN PALM BEACH COUNTY,FLORIDA,
AND CONTAINING 0.032 ACRES,MORE OR LESS
AND
THOSE PORTIONS ACQUIRED BY LOTS 151, 154, 155,AND 156 PURSUANT
TO THE VACATION OF THE ALLEYWAY IN ORDINANCE NO. 18-027 OF
THE CITY OF BOYNTON BEACH, FLORIDA,ALL LYING IN ARDEN PARK
ADDITION TO BOYNTON,FLORIDA ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 96, PUBLIC RECORDS
OF PALM BEACH COUNTY,FLORIDA.
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EXHIBIT B TO SPECIAL WARRANTY DEED
Restrictive Covenant
In consideration of the conveyance made in this Special Warranty Deed, to which this
restrictive covenant(the"Restrictive Covenant")is attached,Grantor hereby establishes,declares
and prescribes that the Property shall be owned, held, transferred and conveyed subject to this
Restrictive Covenant, which shall apply to and be a covenant running with the land. By its
acceptance of this Special Warranty Deed, Grantee, its successors and assignees, as owners of the
Property or any part thereof, including any mortgagee and any purchaser at a judicial sale (by
acceptance of a deed therefor,whether or not it shall be so expressed in such deed of conveyance)
hereby covenants and agrees to comply as follows: The Property shall be used in perpetuity
only for civic or non-profit corporation purposes and no other purposes. In the event the
Property is not used for civic or non-profit corporation purposes,the Grantor shall have the
right to enter the Property and terminate this estate hereby conveyed. "Civic or non-profit
corporation purposes" shall be defined as educational activities designed to improve the
public or social benefit of the local community, as opposed to those activities designed to
generate a profit for the owners.
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