R23-021 1 RESOLUTION NO. R23-021
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE
4 DECLARATION OF RESTRICTIVE COVENANTS RESTRICTING THE
5 FUTURE PARK SITE IN THE LEISUREVILLE SUBDIVISION TO USE AS A
6 PASSIVE PUBLIC PARK;AND PROVIDING AN EFFECTIVE DATE.
7 WHEREAS, it is the intent of City of Boynton Beach that this 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 solely for passive public park purposes and not
10 developed beyond its current natural environment, with no parking and no signage except
11 trespass and loitering permitted; and
12 WHEREAS,additionally no revisions,amendments, modifications, or termination of the
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 restricting the future
18 park site in the Leisureville subdivision to use as a passive public park.
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\Leisureville 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 restricting
25 the future park site in the Leisureville subdivision to use as a passive public park. A copy of the
26 Declaration of 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 21st day of February, 2023.
29 CITY OF BOYNTON BEACH, FLORIDA
30 YES NO
31 /
32 Mayor—Ty Penserga
33
34 Vice Mayor—Angela Cruz V
35
36 Commissioner—Woodrow L. Hay
37
38 Commissioner—Thomas Turkin /
39 ✓
40 Commissioner—Aimee Kelley
41
42 VOTE S
43
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fS:\CA\RESO\Agreements\Leisureville Declaration Of Restrictive Covenant-Reso.Docx
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3. RESTRICTIONS/REQUIREMENTS FOR THE PROPERTY.
CITY hereby declares that the Property shall be only used as a passive public park and not
developed beyond its current natural environment as of the date of this Declaration to serve as a
public park and accessory or related purposes for use by the general public, and for no other
purpose. Specifically, no signage other than prohibiting trespassing and loitering shall be erected
on the Property. No parking shall be permitted on the Property. Planting of trees and
maintenance of landscaping and environment on the Property by the CITY is not prohibited by
this paragraph. Construction and maintenance of a paved access road and/or cul-de-sac by the
City is permitted on the Property to allow solely for the safe movement of CITY vehicles such as
garbage and fire trucks at the terminus of the following City streets: SW 151 Avenue, SW 1st Court,
West Ocean Avenue, and NW 15'Avenue.
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
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.
{00553562 1 306-9001821}
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.
IN WITNE SWHEREOF, /,0i the a has hereunto set its authorized hand
thiso day of k,�.es , 2023.
CITY: City of Boynton Beach, a Florida
municipal corporation
WITNESSES:
1\P
f\c3 e a C tvZ By: / r11111�
Print Name T erg- a•
Exec -d thi , day of iE Q , 2023.
Pri t Name
STATE OF FLORIDA
)SS
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me by means of •2"physical presence
or online notarization, this07a day of 1-4Z' ,,242i, by Ty Penserga as Mayor of Boynton
Beach who is personally known to me or has produced as identificati•n.
SWORN TO AND SUBSCRIBED BEFORE ME this ,> ` day of i 645/6452/2
2023.
,7ARY PUB IC
. COMMISSIONMY N� f y Commission xpires:
ta. EXPIRES:November 17,2025
:,:+o►n?': Bonded „ (stets Serial Number, if any:
{00553562 1 306-9001821
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
A, parcel of land lying in Section 29, Township 45 South, Range 43 East, Palm Beach County.
Florida, being more particularly described as follows:
Commencing at the Northeast corner of Lot 41, Block 2, of the Plat "Replat of First Section Palm
Beach Leisureville", as recorded in Plat Book 28, Pages 201, 202, and 203, of the Public Records
of Palm Beach County, Florida; Thence South 01°12'55" East along the East line of Lots 34-41,
Block 2 of said "Replat of First Section Palm Beach Leisureville", a distance of 520.34 feet to the
Point of Beginning; Thence continue South 01°12'55" East along the East line of Lots 22- 34 of-
said Block 2, a distance of 672.12 feet to the Southeast corner of Lot 22. of said Block 2; Thence
North 87°59'27" East along the North line of lots 7-12 of said Block 2, a distance of. 330,70 feet
to the Northeast corner of Lot 7 of said Block 2; Thence North 01°16'09"West along the West line
of Lots 4 and 5. of said Block 2, a distance of 170.33 feet to a point of intersection with the South
line of that 25.00 foot wide Right-of-Way for "Jasmine Street" as shown on said "Replat of First
Section Palm Beach Leisureville"; Thence South 88°24'30"West along said South line, a distance
of 126.90 feet to a point of intersection with the Southerly projection of the West line of the Plat of
"Lake Boynton Estates Plat 4-A", as recorded in Plat Book 14. Page 69, of the Public Records of
Palm Beach County, Florida; Thence North 01°35'00" West along said projection line and the
West line thereof, a distance of 499.34 feet; Thence South 88°24'52" West, a distance of 200.39
feet to the Point of Beginning.
Said Lands situate in the City of Boynton Beach, Palm Beach County, Florida.
Containing 157,578 Square feet/ 3.6175 Acres, more or less.
Folio No. 08-43-45-29-00-000-1040
{00553562 1 306-9001821}
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