Friday, April 1, 2011

LETTER FROM COUNTY ATTORNEY BANKS TO PAULETTE BURDICK STAFF

Tue 2/22/2011 5:01 PM

FROM: Robert P. Banks

TO: Peyton McArthur

CC: Barbara Alterman; Leonard W. Berger; Jon MacGillis

SUBJECT: FW: Turtle Bay Golf Course at Century Village

Peyton:

Attached is the 1973 zoning resolution (R-73-815) approving the zoning for a portion of Century Village and documents which were referenced in the resolution as “special conditions”. I have also attached a copy of a letter I sent to one of the property owners on Sept. 25, 2008 summarizing the “special conditions” in the 1973 resolution as they relate to the golf course.

The plat of the Century Village Golf Course contains a restriction limiting use of the property for golf course purposes as follows: (PB 30 PP 156-157) “The area shown as Tract #36 is hereby restricted in perpetuity for golf course purposes only and is the perpetual maintenance obligation of Century Village, Inc. , A Florida Corporation, its Successors and Assigns.”
County staff has previously determined that the restriction on the plat can only be lifted if the conditions of approval in the original PUD relating to the golf course are amended.

Give me a call if you have any additional questions.
Bob Banks

Assistant County Attorney

Palm Beach County Attorney's Office

301 N. Olive Avenue, Suite 601

West Palm Beach, FL 33401

Phone - (561) 355-4190

Fax - (561) 355-6461

rbanks@pbcgov.org

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