151-88 ORDINANCE NO. 151-88
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE
ZONING CLASSIFICATION FOR A PARCEL OF LAND
LYING AND BEING IN SECTION 21, TOWNSHIP i4S
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, FROM RM-15 {MULTIPLE FAMILY
DWELLING] DISTRICT TO SC (SPECIALIZED
COMMERCIAL) DISTRICT; SAID LAND IS LOCATED ON
THE EAST SIDE OF U.S. HIGHWAY NO. 1 (S.E0 6TH
AVENUE), BETWEEN S.E. 5TH STREET AND S.E. 6TH
STREET, IF EXTENDED EASTWARD: AND CORRECTING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1983":
PROVIDING A GENERAL REPEALER CLAUSE:
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the subject property is shown as being zoned
RM-15 (Multiple Family Dwelling) District on the Zoning District
Map of the City of Delray Beach, Florida, dated April 12, 1983:
and,
WHEREAS. a review of City records indicates that such
zoning classification was inadvertently applied to said property:
and,
WHEREAS, Leonard L. Surles· and Mina E. Surles, his
wife, and Doris Surles, a single woman, as the fee-simple owners
of the subject property, have requested that the Zoning District
Map of the City of Delray Beach. Florida, dated April 12, 1983,
be corrected to reflect the previous zoning classification of SC
(Specialized Commercial) District: and.
WHEREAS, this matter was considered by the City Commis-
sion at a Public Hearing and it was determined that the RM-15
(Multiple Family Dwelling) District zoning classification was. in
fact, inadvertently applied to the subject property,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
$_act ~L_ That the Zoning District Map of the City of
Delray Beach, Florida, dated April 12, 1983, be, and the same is
hereby corrected to reflect a zoning classification of SC (Spe-
cialized Commercial) District for the following described proper-
ty:
The West 303.23 feet of the North 75 feet of
Lot 12, Block 1, less the West five (5) feet
thereof. OSCEOLA PARK, a subdivision of the
City of Delray Beach, Florida, as recorded in
Plat Book 3, Page 2, of the Public Records of
Palm Beach County, Florida.
~ That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Section 1 hereof.
?~_%i~.~ That all ordinances or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
~ That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of compe%ent Jurisdiction to be
invalid, such decision shall not affec% the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
~ That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the 13th day of December 1988.
MAYOR
ATTEST:
First Reading November 22L~_~-
Second Reading December 13, 1988
- 2 Ord. No. 151-88
O, ,uoPm 89-i 55
ORB 6032 457
RESTRICTIVE COVENANT
THIS RESTRICTIVE COVENANT (the "Agreement") is hereby
declared by ~ONARD L. SURLES, MINA E. SURLES and DORIS SURLES as
of this 3~~ day of ,~,.~_/'./'A 198 ~ .
W I TNES SETH :
WHEREAS, the City of Delray inadvertenly indicated
zoning of the lands described in Exhibit A on the land use map of
the City of Delray as "RM-15"; and
W~EREAS, by Ordinance No. 151-88 the City desired to
correct the zoning to "SC", said ordinance having a first reading
on November 22, 1988 and a second reading on December 13, 1988;
and
WHEREAS, the City has requested as a condition precedent
to adoption of said Ordinance this restrictive covenant as to the
lands described in Exhibit "A" (and hereinafter referred to as
the "Property").
WHEREAS, the owners of the Property have represented and
assured the City Commission of the City of Delray Beach that they
plan on developing the Property for certain office uses or other
uses permitted under the specialized commercial zoning district,
but they shall not be using the Property for automotive purposes,
and further that they desire to bind their heirs, executors,
administrators, personal representatives, successors and assigns,
and any future grantees of title to the Property to not use the
Property for any automotive purposes as described herein or in
the applicable provisions of the City of Delray Beach Code of
Ordinances.
In reliance thereon, Leonard L. Surles, Mina E. Surles
and Doris Surles (and hereinafter referred to collectively as the
"Owners") declare as follows with respect to the Property:
1. That the Owners, their heirs, executors,
administrators, personal representatives, successors and assigns
shall not permit the Property to be used for an automotive
purpose, which by way of example includes storage of automobiles
for later sale, an automotive dealership or automotive parts
store.
Michael S.'Weiner & Assoc., PA
1177 NE 8th Street
Delray Beach, Florida 3344&
(305) 265-2666
ORB 6032
2. That the restrictive covenant contained herein shall
attach to and run with the land, and shall be binding upon all
successive future owners of the Property.
3. That the laws of the State of Florida shall govern
the validity, performance and enforcement of this Agreement.
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the day and year first above written.
MINK E. SURLES--
DORIS SURLES
OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally
appeared, LEONARD L. SURLES, to me well known and known to be the
individual described in and who executed the foregoing instrument
and acknowledged before me that he executed the same for the
purposes therein expressed.
h~nd official seal at the County and
WITNESS my
State aforesaid this y of~ , 19~
~~ of Florida
My Commission Expires:
NOTARY
pUB'.~C.
-2-
· - · ~.:t .'~-' ,' ', ~
· ... ,.
OR8 6C
STATE OF FLORIDA* )
) SS:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally
appeared, MINA E. SURLES, to me well known and known to
individual described in and who executed the foregoing in
and acknowledged before me that she executed the same fox
purposes therein expressed.
WITNESS my hand and official seal at the County
State aforesaid this~.~ day of ._/~.~ ~ , 19~.~f
Notary Public, Stye o~
My Co.lesion Expires: ~,u~uc. ~7~ o~
~Y CO~1~SS~ON EXPIRES: SEPT. ~,
STATE OF FLORIDA )
) SS:
COU~Y OF PALM BEACH )
BEFORE ME, the undersigned authority, personall5
appeared, DORIS SURLES, to me well known and known to be
individual described in and who executed the foregoing
and acknowledged before me that she executed the same fo]
purposes therein expressed.
WIT~SS my~han~ and off~ial.~eal at the County
State aforesaid thi:~day of~~ , 19~.~
Notary Public, Static
My Co.lesion Expires: MY co~.:~.~iss{oN ~xeiR~s: s~T.
-3-
0~8 60J2 ~.~ 460
The West 303.23 feet of the North 75 feet of Lot
12, Block 1, Less the West 5 feet thereof, OSCEOLA
PARK, a subdivision of the City of Delray Beach,
Florida, as recorded in Plat Book 3, Page 2, of the
Public Records of Palm Beach County, Florida.
EXHIBIT "A"