Res 47-03RESOLUTION NO. 47-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DFJ.RAY
BEACH, FLORIDA, RF.I.EASING CERTAIN RESTRICTIONS AND
LIMITATIONS CONTAINED IN THAT DECLARATION OF
RESTRICTIONS RECORDED IN THE PUBLIC RECORDS ON THE
PROPERTY KNOWN AS THE JETTINGHOFF PROPERTY AND AS
LEGAIJ.Y DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property known as the Jettinghoff property has certain limitations and
restrictions contained within the Declaration of Restrictions that were imposed by the County; and
WHEREAS, pursuant to Ahchua County.. FL v. Florida Rock Industries, Inc., 28 F.LW. D
259 (Fla. 1 st DCA, 2003), the County's agreements and restrictions regarding land use become the
City's agreements as the successor in interest; and
WHEREAS, as the successor in interest, the City of Delray Beach desires to release and
remove the restrictions and limitations as herein provided.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DlqL_RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida hereby
releases, extinguishes, discharges, and removes those restrictions and limitations contained in that
certain Declaration of Restrictions recorded in the Official Record Book 3654, Page 1218 of the
Public Records of Palm Beach County to the property and restrictions and limitations set forth and
attached as Exhibit A hereto and incorporated herein.
Section 2.
County, Florida.
PASSED AND ADOPTED in regular session on thea~a~
ATI'EST:
This resolution shall be recorded in the Public Records of Palm Beach
day of _.~_~, ,2003.
City Clerk
[ITY OF DELRI:IY BEfl[H
CITY IITORNEY'S OFFICE ~oo mw ,~ ^v~m~. ~.,~^~ ~,C., ~'.O~,~^.~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
TO:
FROM:
SUBJECT:
MEMORANDUM
July 15, 2003
City Commission
David Harden, City Manager
Susan A. Ruby, City Attorney
Resolution No. 47-03 and 48-03
Wdter's Direct Line: 561/243-7091
The Triad and Jettinghoff properties are properties to be conveyed by the City to
D.R. Horton, Inc. for the Bexley Park project. The Triad and Jettinghoff properties
were subject to certain restrictive covenants imposed by Palm Beach County. The
City has annexed the property and in accordance with law, the City has the power
as the successor in interest to remove the restrictions. The resolutions release the
properties from any restrictions placed on them by Palm Beach County.
Please place Resolution No. 47-03 and Resolution No. 48-03 on the City
Commission agenda. Once approved, the resolutions need to be recorded in the
Public Records of Palm Beach County in order to facilitate the property transfer.
Attachments
Barbara Garito, City Clerk
Paul Dorling, Director of Planning and Zoning
Robert W. Federspiel, Esq.
· Prepared by and return to:
Susan A. Ruby, Esq.
200 N.W. 1st Avenue
Delray Beach, FL 33444
RESOLUTION NO. 48-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, RELEASING CERTAIN RESTRICTIONS AND
LIMITATIONS CONTAINED IN THAT AFFIDAVIT OF POTENTIALLY
BUILDABLE LOT RECORDED IN THE PUBLIC RECORDS ON THE PROPERTY
KNOWN AS THE TRIAD PROPERTY AND AS LEGALLY DESCRIBED
HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property known as the Triad property has certain limitations and restrictions
contained within the Affidavit of Potentially Buildable Lot that were imposed by the County; and
WHEREAS, pursuant to Alachua County, FL v. Florida Rock Industries, Inc., 28 F.L.W. D 259
(Fla. 1st DCA, 2003), the County's agreements and restrictions regarding land use become the City's
agreements as the successor in interest; and
WHEREAS, as the successor in interest, the City of Delray Beach desires to release and remove
the restrictions and limitations as herein provided.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida hereby releases,
extinguishes, discharges, and removes those restrictions and limitations contained in that certain
Affidavit of Potentially Buildable Lot recorded in the Official Record Book 9232, Page 348 of the
Public Records of Palm Beach County to the property and restrictions and limitations set forth and
attached as Exhibit A hereto and incorporated herein.
.Section 2.
Florida.
This resolution shall be recorded in the Public Records of Palm Beach County,
PASSED AND ADOPTED in regular session on the ~
day of ,2003.
ATTEST:
MAYOR
City Clerk
Prepared by and return to:
Susan A. Ruby, Esq.
200 N.W. 1st Avenue
Delray Beach, FL
RESOLUTION NO. 47-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, RELEASING CERTAIN RESTRICTIONS AND
LIMITATIONS CONTAINED IN THAT DECLARATION OF RESTRICTIONS
RECORDED IN THE PUBLIC RECORDS ON THE PROPERTY KNOWN AS THE
JETTINGHOFF PROPERTY AND AS LEGALLY DESCRIBED HEREIN;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property known as the Jettinghoff property has certain limitations and
restrictions contained within the Declaration of Restrictions that were imposed by the County; and
WI-IEREAS, pursuant to Alachua County, FL v. Florida Rock Industries, Inc., 28 F.L.W. D 259
(Fla. 1st DCA, 2003), the County's agreements and restrictions regarding land use become the City's
agreements as the successor in interest; and
WHEREAS, as the successor in interest, the City of Delray Beach desires to release and remove
the restrictions and limitations as herein provided.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida hereby releases,
extinguishes, discharges, and removes those restrictions and limitations contained in that certain
Declaration of Restrictions recorded in the Official Record Book 3654, Page 1218 of the Public Records
of Palm Beach County to the property and restrictions and limitations set forth and attached as Exhibit A
hereto and incorporated herein.
Section 2.
Florida.
This resolution shall be recorded in the Public Records of Palm Beach County,
PASSED AND ADOPTED in regular session on the __
dayof .,2~3.
ATTEST:
MAYOR
City Clerk
Itetum.to:
NOWLIN & lk'ELLS, P,A.
i0 S.E. 4tll Ave.
Dell'ay haoh, FL 33483
Exhibit A to
Res. No. 48-03
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Res. No. 47-03