1951.08.15_TC_Minutes X inuteso ' Highland Beach. Town: Commission. August 15, 1951.
A n meeting called by general agreement of the four
com�.ssioners signing below to consider an urgentt matter of
zoning as related to lot 4,15 an. Fe rn cliff Sub - division.'
Tale meeting was called to order by Mayor T6tterdale at 7 P. M.
Present were Comm. T bendorff , Smith,' Totterdale & Hert�ig .
Cow.. elect Marmon was absent, being out of town.
Mr. F. W. Keeton presented a letter of this date from the Palm
Beach Abstract & Title Company stating in substance that deeds
to th southerly one hundred feet of lot #15 in the Fernellff
Subdivision did not in any way restrict that parcel of land
to the use of single family dwellings. Uhe letter referred to
comprises pages 2 and 3 of these minutes.}
The plot in question is the southerly 100 feet of the Residence
District as set forth in the town Zgning Ordinance #106. When
Zoning Ordinance #106 was dram it was the definite police and
intention of the Town Commission to restrict as a Residence Bis-
trict only such lands as were. so restricted by former deeds and
the southerly 100 feet of Lot x;15 (Ferneliff Sub - division.) was
included in the Town Residence District only because it was un-
derstood and bele ved to have been so restricted along with the
lots to the north.
pir. Keeton stated that he represented the owners of the lot above
under discussion:, and that the owners considered their rights
were infringed if the Torn insisted on keeping the plot within
the Residence 8istrict
There was considerable discussion of the question from all angles:`
The Comffiissioners were unanimous in stating that the Residence Dis-
trict was intended to include only such property as was truly re-
stricted by deed to that category. It was decided to investigate
fully into the matter and to amend the Zoning Ordinance ;106 so
as to exclude the Residence District the plot of land under
consideration, if investigation confirms the facts as stated in
the above mentioned letter of Pala reach = abstract `= Title Company.
Accordingly' Resolution 42 mas, drawn and submitted to the meeting
Smith seconded by Comm• Dubendo9f
and approved on motion of Comm• ,
and affirmative votes of all four Commissioners present.
Resolution 9 20 a ppears in full on page 4 of these minutes.
(minutes continued on page 2) If :r
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(page 2, minutes; Highland Beach Town Commission. $/15/51)
PAN RAR A � 1l1« RPM
123 DATURA STREET
WEST PALM BEACH, FLORIDA
TELEPHONE 3.4436
P. I. HOPKINS, JR. P. O. BOX 673
Q
VICE- PRESIDENT August 15, 1 9 51 .
AND MANAGER
Mayor and Town Council of the
Town of Highland Beach, Florida,
Highland Beach, Florida.
Gentlemen:
I wish to advise that we have examined the title to the
following described premises:
A tract of land in Palm Beach County, Florida, des-
cribed as follows: That part of the South 200 feet
of North 3550 feet of Section 4, Township 47 South,
Range 43 East, lying East of State Road No. 140.
In our examination of this property we,have determined
that the only restrictive covenants affecting this prop-
erty are contained in two deeds from Bessemer Properties,
Inc., recorded in Deed Book 714, page 128, and Deed Book
711, page 100, of the Palm Beach County records. These
restrictions are the same in both deeds, one deed cover-
ing the North 100 feet of the above described property
and the other deed covering the South 100 feet of the
property. For your consideration, I wish to advise that
the restrictions contained in these two deeds are as fol-
lows:
The Grantee Covenants:
1. That no building or buildings shall be constructed,
erected, placed or permitted to be on the premises except:
a. Single detached dwelling houses, (with the
usual outbuildings for use in connection
therewith each for the use and occupancy
of one family only.)
b. Apartment houses and hotels. An apartment house
is hereby defined as a building arranged, ia-
tended or designed to be occupied by two or, more
families living independently of each other-and
doing their own cooking upon the premises, or
by two or more individuals or groups of individ-
uals living independently as aforesaid.
2. That no building or structure shall be constructed,'
(minutes continued on page 3)
(page 3, minutes; Highland Beach Town Commission. 8A5/5I)
-2-
erected, placed or permitted to be on the premises until the
plans and specifications therefor and the plan for the arrange -
ment thereof on.the ground shall have been approved in writing
by an officer or duly authorized agent of Bessemer Properties,
Incorporated. This restriction shall terminate on December
31st, 1945, or on the dissolution of said corporation prior to
that date.
3. That no wall fence, or hedge, more than six feet in
height shall be constructed, erected, or grown on the premises
within ten feet of the north or south boundary of the premises.
This restriction may be waived by the adjoining property owner
insofar as it refers to the common boundary of their respective
properties.
4. That no use shall be made of the premises except the
construction of buildings thereon of the type and kind herein
provided and the use and occupancy thereof for the purposes for
which they were designed.
Yours very truly
j
3
P . PKINS
PIH:mel Vice- eside
(Minutes continued on page 1,)
Ur 44
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(page 5, Minutes; Highland Beach Tovrn Commission. $/`15/51
Following passage of Resolution #20, Comma Hertwig moved that
the meeting adjourn. Comm. Smith seconded the motion and It was
passed by affirmative votes of all four Commissioners present,
( end of minutes 8/15 151 Approved
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