R23-030 1 RESOLUTION NO. R23-030
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA
4 APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
5 ALL CLOSING DOCUMENTS IN CONNECTION WITH THE
6 SALE OF THE PARCEL OF LAND SE 21ST AVENUE TO
7 NICHOLAS MAUNOSKY,AS PREVIOUSLY APPROVED BY THE
8 CITY COMMISSION ON NOVEMBER 14, 2022; AND
9 PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, on September 22, 2022 the City Commission deemed the vacant parcel
13 located at SE 21st Avenue as surplus and directed staff to prepare a Purchase and Sale
14 Agreement; and
15
16 WHEREAS, on November 14, 2022, the City Commission approved the Purchase and
17 Sale Agreement between the City of Boynton Beach and Nicholas Malinosky for a vacant parcel
18 of land which, by itself, is unbuildable; and
19
20 WHEREAS, the title company for the purchaser is requiring that the City Commission
21 authorize the Mayor to execute the closing documents necessary to complete the transaction
22 and convey the property; and
23
24 WHEREAS, the City Commission, upon recommendation of staff, approves and
25 authorizes the Mayor to execute all closing documents in connection with the sale of the parcel
26 of land SE 21st Avenue to Nicholas Malinosky, as previously approved by the City Commission
27 on November 14, 2022.
28
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
30 BOYNTON BEACH, FLORIDA AS FOLLOWS:
31
32 Section 1: Each Whereas clause set forth above is true and correct and
33 incorporated herein by this reference.
34
35 Section 2: The City Commission of the City of Boynton Beach does hereby approve
36 and authorize the Mayor to execute all closing documents in connection with the sale of the
37 parcel of land SE 21st Avenue to Nicholas Malinosky, as previously approved by the City
38 Commission on November 14, 2022.
39
40 Section 3. This Resolution shall become effective immediately upon passage.
41
42
43
S:\CA\RESO\Closing documents Malinosky-Reso.docx
44 PASSED AND ADOPTED this 9th day of March, 2023.
45 CITY OF BOYNTON BEACH, FLORIDA
46
47 YES NO
48 /
49 Mayor-Ty Penserga
50 /
51 Vice Mayor-Angela Cruz C/
52 t/
53 Commissioner-Woodrow L. Hay
54 t,
55 Commissioner-Thomas Turkin
56 L/
57 Commissioner-Aimee Kelley
58
59 VOTE c-0
60
61
6 A T:
6
64 li i 'la Allr
65 Mayle- - -sus, MPA, MC T1-111-"Ca
66 City CI:
Mayo
Y
67
68 A'''RO D AS T FOR/
69 (Corporate Seal) o�g0' N TON`‘‘
70
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SEAL
72 i •. INCORPORATED! % Michael D. Cirullo, Jr.
73 Ito • 1920 ; City Attorney
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1 •........• /
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S.\CA\RESO\Closing documents Malinosky-Reso.docx
This Instrument Prepared By and Return To:
Sean M.Swartz,Esquire
uire
GOREN,CHEROF,DOODY&EZROL,P.A.
3099 East Commercial Boulevard,Suite 200
Fort Lauderdale,Florida 33308
Consideration: $2,500.00
PIN:08-43-45-33-03-000-0122
SPECIAL WARRANTY DEED
THIS INDENTURE, made this day of 1 1 c,, ,h , 2023 by and
between the City of Boynton Beach, a Florida municipal corporation, hereinafter
collectively referred to as"Grantor" and Nicholas P. Malinosky, a married man,hereinafter
collectively referred to as "Grantee" whose post office address is 67 Spanish River Drive,
Ocean Ridge,Florida 33435.
WITNES SETH:
That said Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS,
and other good and valuable considerations to Grantor in hand paid by Grantee, the receipt
whereof is hereby acknowledged,has granted,bargained and sold to the Grantee,and Grantee's
successors and assigns forever,the following described land,situate,lying and being in PALM
BEACH County,Florida,to wit:
The North 6 feet of the South 64 feet of Lot 12, Crest View, according to the Plat
thereof recorded in Plat Book 23, Page(s) 154, of the Public Records of Palm Beach
County, Florida.
SUBJECT TO: Taxes for 2023 and subsequent years, zoning and/or restrictions and
prohibitions imposed by governmental authorities, and easements and restrictions and other
matters appearing on the plat and/or common to the subdivision.
Together with: All the tenements,hereditaments and appurtenances thereto belonging
or in anywise appertaining.
To Have and To Hold,the same in fee simple forever.
And the Grantor hereby covenants with said Grantee that Grantor is lawfully seized of
said land in fee simple;that Grantor has good right and lawful authority to sell and convey said
land; that Grantor hereby fully warrants the title to said land and will defend the same against
the lawful claims of all persons claiming by,through,or under Grantor,but none other;and that
said land is free of all encumbrances.
100551709.3 306-9905658)
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hands the day and year
first above written.
Signed, sealed and delivered CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida
in our presence:
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Ta y L. Stanzion- Ty Penser
(Print or Type Name)
inn , \ veA9 __
\ON BEA �t
(Print or Type Name) :;� ,,,!...
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A '. T: f •" j `7� i
II•✓•• r ) •„Zr
Mayle D• esus,City ' erk '••••'F�O�
STATE OF FLORIDA
COUNTY OF PALM BEACH /
The foregoing instrument was acknowledged before me by means of 1E physical
presence or 0 online notarization, this/ day of-71), , 2023 by Ty Penserga, as
Mayor of the City of Boynton Beach, who are personally known to me or have produced
as identification.
n
"tA da Q
NOTA' PU :
;00551709.3 306-9905658) 2