R23-009 1 RESOLUTION NO. R23-009
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE
4 DECLARATION OF RESTRICTIVE COVENANT DESIGNATING THE
5 FUTURE PARK SITE IN THE MEADOWS SUBDIVISION AS GREEN
6 SPACE; AND PROVIDING AN EFFECTIVE DATE.
7 WHEREAS, it is the intent of City of Boynton Beach that the declaration, once recorded
8 in the public records of Palm Beach County,shall serve to impose requirements on the property
9 and that the property shall be solely used to retain the areas in their existing, natural,
10 vegetative, hydrologic, scenic, open or wooded condition and to retain such areas as a suitable
11 habitat for plants, and/or wildlife; and
12 WHEREAS, additionally no revisions,amendments, modifications,or termination of this
13 declaration shall be permitted unless specifically approved by the unanimous vote of the City
14 Commission of the City of Boynton Beach; and
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
16 recommendation of staff, deems it to be in the best interests of the City residents to approve
17 and authorize the Mayor to sign the Declaration of Restrictive Covenant designating the future
18 park site in the Meadows subdivision as green space.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
20 BOYNTON BEACH, FLORIDA, THAT:
21 Section 1. Each Whereas clause set forth above is true and correct and
22 incorporated herein by this reference.
S:\CA\RESO\Agreements\Meadows Park Declaration Of Restrictive Covenant-Reso.Docx
23 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
24 approve and authorize the Mayor to sign the Declaration of Restrictive Covenant designating
25 the future park site in the Meadows subdivision as green space. A copy of the Declaration of
26 Restrictive Covenant is attached hereto and incorporated herein as Exhibit "A".
27 Section 3. That this Resolution shall become effective immediately upon passage.
28 PASSED AND ADOPTED this 3rd day of January, 2023.
29 CITY OF BOYNTON BEACH, FLORIDA
30 YES NO
31 /
32 Mayor—Ty Penserga ✓
33 ✓
34 Vice Mayor—Angela Cruz
35
(//-
36
36 Commissioner—Woodrow L. Hay
37
38 Commissioner—Thomas Turkin
39
40 Commissioner—Aimee Kelley ✓
41
42 VOTE S-0
43
44 ATT• .
45
46 i 4 01110;
47 Maylee i)e -.las, MPA, MC Ty Pense ;.
48 City Cler r Mayor
49
50 O�NTON g' APP•i.7ASST* FO'• :
51 (Corporate Seal) f� •QORA're••F-9011
53 �_ 5Y Michael D. Cirullo, Jr.
54 U: ORPORP S
• ; City Attorney
14 A-D
..•
•• FLO
. RA=
S:\CA\RESO\Agreements Meadows Park Declaration Of Restrictive Covenant-Reso.Docx
CITY hereby declares that the Property shall be solely used to retain the areas in their existing,
natural, vegetative, hydrologic, scenic, open or wooded condition and to retain such areas as a
suitable habitat for plants, and/or wildlife. The following activities are expressly prohibited at or on
the Property:
a. Construction or placing of buildings, roads, signs, billboards or other advertising,
utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or dumping or
placing of trash, waste, or unsightly or offensive materials;
c. Removing, destroying, or trimming trees, shrubs, or other vegetation, except:
i. The removal of dead trees and shrubs is authorized;
ii. The removal of noxious or exotic invasive plant species as listed on the most recent
Florida Exotic Pest Plant Council's List of Invasive Species is authorized; and
iii.. Activities conducted in accordance with a wildfire mitigation plan
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material
substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to remain in its
natural or restored/enhanced/created condition;
f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil
conservation, or fish and wildlife habitat preservation including, but not limited to,
ditching, diking, clearing, and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or water areas; and
h. Acts or uses which are detrimental to the preservation of the structural integrity or
physical appearance of sites or properties having historical, archaeological, or cultural
significance.
4. MODIFICATION AND TERMINATION.
No revisions, amendments, modifications, or termination of this Declaration shall be permitted
unless specifically approved by the unanimous vote of the City Commission of the City of Boynton
Beach.
5. COVENANT RUNNING WITH THE LAND.
This Declaration of Restrictive Covenant shall constitute a covenant running with the Property for
the benefit of the CITY, and shall be binding upon the heirs, beneficiaries, personal
representatives, successor and assigns of the CITY.
6. ENFORCEMENT.
The CITY may enforce the provisions of this Declaration of Restrictive Covenant by action at law
or in equity against any owner, or their successors and assigns). This includes Code Enforcement
actions against any successor for violation of this Declaration. The trial venue for any litigation
concerning this Declaration shall be in the Palm Beach County Court, as appropriate. If any action
at law or in equity is necessary to enforce or interpret the terms of this Declaration of Restrictive
Covenant, the prevailing party shall be entitled to reasonable attorneys'fees, costs and necessary
disbursements in addition to any other relief to which such party may be entitled.
7. WAIVER.
Failure of the CITY to enforce this Declaration of Restrictive Covenant shall not be deemed a
(00547804 1 306-9001821♦
waiver of the right to do so thereafter.
8. INVALIDATION.
This Declaration of Restrictive Covenant shall be recorded in the public records of Palm Beach
County, Florida, and shall become binding upon recordation. Invalidation of any one of these
restrictive covenants by judgement or court order shall in no way affect any other conditions which
remain in full force and effect.
9. EFFECTIVE DATE.
This Declaration shall become effective and enforceable upon execution and recordation in the
Public Records of Palm Beach County, Florida.
10. TIME IS OF THE ESSENCE.
Time is of the essence regarding every obligation or restriction of this Declaration.
11. RELEASES AND AMENDMENTS.
Any release or amendment not approved with the required formalities as specified herein shall be
null and void.
[ Space is Intentionally Blank]
(00547804.1 306-9001821)
ISI WITNESS WHEREOF, the ,41 D . has hereunto set its authorized hand
this day ofJ 'V , 2023.
CITY: City of Boynton Beach, a Florida
municipal corporation
WITNESSES:
Print Name Ty Penserga, 'ayor"
Execute./thist day of..7;9/Z/ , 2023.
Oikn o62.--Wet t�S
Print Name
STATE OF FLORIDA
)SS
COUNTY OF PALM BEACH ) /
The foregoing instrument was acknowledged before me by means of C physical presence
or ❑ online notarization, this6 day of , 074.6 by Ty Penserga as Mayor of Boynton
Beach who is personally known to me or haspro ed 3,s i•entifica 'on.
SWORN TO AND SUBSCRIBED BEFORE ME tr'- It day of -./ '
2023.
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0 A' PU:LIC
ommissio. pit : LYNN IA.SWANSON
MY •... . HH 155706
Serial Number ;o oPP, EXPIRES:November 17 2025
B0"°e°11wu Notary public Unde
nwiters
(00647804.1 306-9001821)
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
MEADOWS 300 PL NO 3 IN PB48 P196 PUBLIC PARK
Folio No. 08-43-45-07-04-000-0010
(00547804.1 306-9001821)