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HomeMy WebLinkAboutAgreement_General_12/22/1998 RECORD AND RETURN TO: Dec -30 -1998 04:21pe 98-511942 JOHN C. RANDOLPH, ESQUIRE ORB 1X846 Rg G, 1 • POST OFFICE BOX 3475 I INI 1111111111 III II111 N 11111 NI 1111111111111111111111 WPB, FL 33402 -3475 WILL CALL #85 DECLARATION OF USE AGREEMENT THIS DECLARATION OF USE AGREEMENT is made and entered into as of thisaa_�day of di Q, tei , 1998, by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation, Post Office Box 3273, Tequesta Florida 33469 - 0273 (hereinafter called the "VILLAGE "); and ALS -CLARE BRIDGE, INC., a Delaware corporation, 450 North Sunnyslope Road, Suite 300, Brookfield, Wisconsin 53005 (hereinafter called "OWNER "), which terms VILLAGE and OWNER will include and bind the successors and assigns of the parties, wherever the context so requires or admits. WITNES SET H: WHEREAS, the Land described in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Land ") is located within the municipal limits of the VILLAGE; WHEREAS, a portion of the Land (the "STERLING HOUSE FACILITY ") is currently owned by MEDITRUST COMPANY, LLC (formerly Meditrust of Florida, Inc.), and leased to ASSISTED LIVING PROPERTIES, INC., ( "ALP "), a wholly -owned subsidiary of ALTERNATIVE LIVING SERVICES, INC. ( "ALS "), and the balance of the Land (The "ALS PARCEL ") is under contract to purchase by OWNER from First Union National Bank of Florida, as Trustee. The STERLING HOUSE FACILITY is more particularly described in Exhibit "B" attached hereto and made a part hereof. The STERLING HOUSE FACILITY is developed and currently provides extended care options to residents. The ALS PARCEL is more particularly described in Exhibit "C" attached hereto and made a part hereof. OWNER has proposed to develop an extended care facility for memory impaired residents (to be known as CLARE BRIDGE OF TEQUESTA), as well as an independent living facility to be known as "THE CROSSINGS" on the ALS PARCEL. OWNER is a wholly -owned subsidiary of ALS; WHEREAS, it is intended that the owners of the STERLING HOUSE FACILITY and the ALS PARCEL shall construct and operate their respective facilities on their respective properties on the integrated campus -like layout contemplated by the plat referred to in Article IV hereof; WHEREAS, the VILLAGE COUNCIL approved on September /0" 1998 a special exception ( "Special Exception ") and a Site Plan ( "Site Plan ") for assisted living uses on the ALS PARCEL subject to the conditions set forth herein and the approval of this Agreement, and on the basis of the specific finding of the VILLAGE COUNCIL that the approval of the Special Exception, in compliance with said conditions, will not be adverse to the public interest and upon a finding of the VILLAGE COUNCIL that the applicable provisions of the VILLAGE CODE governing the use of the Land have been met; ORB 10846 Pg 613 WHEREAS, the VILLAGE COUNCIL approved on September 10, 1998 the Site Plan for the Land which includes the STERLING HOUSE FACILITY and the ALS PARCEL subject to the conditions set forth herein and the approval of this Agreement, and on the basis of the specific finding of the VILLAGE COUNCIL that the approval of the Site Plan, in compliance with said conditions, will not be adverse to the public interest, and upon a finding by the VILLAGE COUNCIL that the applicable provisions of the VILLAGE CODE governing the use of the Land have been met; WHEREAS, in approving the Special Exception and Site Plan, the conditions of approval reflected herein are imposed upon the ALS PARCEL in order to regulate the use, mitigate any adverse impacts of the use, as well as to insure that said use shall not be adverse to the public interest; and WHEREAS, all of the representations made herein are true and accurate and the granting of the Special Exceptions and Site Plan approval are conditioned upon the representations made herein and all of the conditions herein imposed. NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed as follows: ARTICLE I RECITALS The recitals set forth above are true and correct and are incorporated herein and made a part hereof. ARTICLE II REPRESENTATION OF OWNERSHIP Owner has full right to enter into this Agreement and to bind the ALS PARCEL and its interest in the ALS PARCEL and itself to the terms hereof. There are no covenants, restrictions or reservations of record that will prevent the use of the ALS PARCEL in accordance with the terms and conditions of this Agreement. No consent to execution, delivery and performance hereunder is required from any person, partner, limited partner, creditor, investor, judicial or administrative body, governmental authority or other party other than any such consent which already has been unconditionally given or referenced herein. Neither the execution of this Agreement nor the consummation of the transactions contemplated hereby will violate any restriction, court order or agreement to which Owner or the ALS PARCEL are subj ect. Page 2 of 10 ORB 10046 Pg &1-4 The VILLAGE and OWNER acknowledge, stipulate and agree that OWNER, ALP and ALS do not hold fee simple title to the STERLING HOUSE FACILITY, that the STERLING HOUSE FACILITY is owned by MEDITRUST COMPANY LLC ( "MEDITRUST "), that MEDITRUST is not a party to this Agreement, that neither this Agreement nor the covenants, restrictions or obligations contained herein will be binding upon or run with the STERLING HOUSE FACILITY and that this Agreement will not be binding upon MEDITRUST or any successor in title to the STERLING HOUSE FACILITY; provided, however, that the facilities located on the STERLING HOUSE FACILITY and the ALS PARCEL shall be constructed and operated on the integrated campus -like layout contemplated by the plat referred to in Article IV hereof. ARTICLE III ALTERNATIVE LIVING USES The use of the ALS PARCEL shall be for independent and extended care living uses by residents in compliance with all of the information and exhibits included in the application, not inconsistent with the terms and conditions set forth herein, set forth in the application submitted to the VILLAGE FOR Site Plan Review l xxxxxx with Special Exception, as amended and approved by VILLAGE COUNCIL on September 10, 1998 (hereinafter referred to as the "APPROVAL "). Any additional uses of the ALS PARCEL shall be subject to approval by the applicable governmental authority including but not limited to the VILLAGE COUNCIL, the Community Board Appearance of the VILLAGE, the State of Florida, the United States Government, and /or any agencies under any of the foregoing governmental authorities. ARTICLE IV CONDITIONS 1. Prior to issuance of any Certificate of Occupancy pertaining to the ALS PARCEL, ALS -CLARE BRIDGE, INC. joined by MEDITRUST COMPANY, LLC, shall record a plat, which includes the STERLING HOUSE FACILITY and the ALS PARCEL as separate lots. The Plat shall state, on its face, that nothing contained therein shall be construed to cause this Agreement to be binding upon or run with the STERLING HOUSE FACILITY or to bind MEDITRUST or any successor in title to the STERLING HOUSE FACILITY to the covenants, restrictions and obligations contained in this Agreement. 2. ALS CLARE BRIDGE, INC. hereby certifies and agrees that following completion of THE CROSSINGS, at all times a sufficient portion of the air - Page 3 of 10 ORB 10846 Pg 615 conditioned square feet of floor space in developed buildings on the ALS PARCEL shall be dedicated to independent living facilities so that at all times not less than fifty -nine percent (59 %) of the air - conditioned square feet of floor space in developed buildings on the Land (including the STERLING HOUSE FACILITY, the Clare Bridge Facility of Tequesta and The Crossings) shall be dedicated to independent living apartments. For purposes of this determination of use, independent apartments be required to contain both washer and dryer units and full service kitchens, including ovens, in each apartment. The percentage of the square footage of floor space on the ALS PARCEL dedicated to such independent living facilities may not decline below an amount sufficient to satisfy such fifty -nine percent (59 %) requirement after taking into consideration the percentage square footage of floor space dedicated to independent living facilities on the STERLING HOUSE FACILITY from time to time, without the Approval of the VILLAGE COUNCIL. OWNER and the VILLAGE stipulate and agree that nothing contained herein shall prevent, limit, delay or otherwise impair any use to which MEDITRUST (or any successor in title to the STERLING HOUSE FACILITY) may put the STERLING HOUSE FACILITY or the issuance of any permits, licenses, authorizations, certificates of occupancy, certificates of completion, variances, special exceptions of similar approvals which MEDITRUST (or any successor in title to the STERLING HOUSE FACILITY) may now or hereafter request from the VILLAGE; subject, however, to compliance by MEDITRUST (or any successor in title to the STERLING HOUSE FACILITY) with the portions of the Site Plan and Plat affecting the STERLING HOUSE FACILITY and the then existing ordinances of general application of the Village. Further, OWNER and the VILLAGE stipulate and agree that any changes in use which are necessary to satisfy the foregoing requirements shall be made by OWNER (or any successor in title to the ALS PARCEL) on the ALS PARCEL. 3. ALS -CLARE BRIDGE, INC. hereby stipulates and agrees that the Certificate of Occupancy authorizing occupation of the Clare Bridge of Tequesta assisted living facility for the memory impaired may not be issued until and unless fifty percent (50 %) of THE CROSSINGS facility has been constructed, which fact shall be certified to the VILLAGE OF TEQUESTA by certificate of Donahue & Company, Inc., inspecting architect. 4. The facilities located on the STERLING HOUSE FACILITY and the ALS PARCEL shall be constructed and operated on the integrated campus -like layout contemplated by the Plat referred to in Article IV hereof. 5. The ALS PARCEL may not contain more than sixty (60) covered parking spaces. The Site Plan submitted to the Community Appearance Board shall reflect such limitation. Page 4 of 10 ORB 1 0846 Pg S 16 ARTICLE V Unity of Title The ALS PARCEL described herein, shall be considered as one (1) parcel and no portion thereof may be sold, transferred, devised or assigned, except in its entirety, either voluntarily or involuntarily, by operation of law or otherwise, unless said unity of title is released by the VILLAGE or otherwise modified by agreement between the Owner and the VILLAGE. This provision shall not preclude the dedication of right -of -way for road improvements required by a governmental authority, utility easements or other easements. ARTICLE VI Assignment OWNER may assign this Agreement as to its interests in the ALS PARCEL at its sole discretion. Prior to such assignment, OWNER shall notify VILLAGE in writing of the pending assignment. ARTICLE VII Voluntary greement The terms and conditions set forth in the Approval and this Agreement are agreed to voluntarily by OWNER, OWNER agrees to be bound by them, and OWNER waives any legal objection it might otherwise have to said terms and conditions or parts thereof. ARTICLE VIII Remedies for Violation The VILLAGE and OWNER have all remedies available at law and equity in order to enforce the terms of this Agreement, including but not limited to: (a) the VILLAGE'S Code enforcement procedures in the Code of Ordinances through the Code Inspector, Code Enforcement Officer, and Code Enforcement Board; (b) the VILLAGE may initiate action to revoke the occupational license pursuant to applicable provisions of the VILLAGE CODE, (c) all remedies otherwise offered in the VILLAGE'S CODE OF ORDINANCES; and (d) injunction, specific performance, and any and all other equitable relief through the civil Page 5 of 10 ORB i 10846 Pg 617 courts in and for Palm Beach County or the State of Florida. In the event the VILLAGE is required to seek injunctive relief, it shall not be required to post bond, and it shall not be required to demonstrate irreparable harm or injury to secure an injunction to enforce the terms of this Agreement. Additionally, in the event of any breach, default or non performance of this Agreement, or any of its covenants, agreements, terms or conditions, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees either before or as a result of litigation, including appeals. Notwithstanding the foregoing or any condition, term or provision of the Agreement, Special Exception, Site Plan or Plat or the approvals therefore, the VILLAGE and OWNER stipulate and agree that in connection with a breach or the enforcement of this Agreement or those portions of the Special Exception, Site Plan and Plat affecting or relating to the ALS PARCEL, neither party shall have or be entitled to any claim against or any remedy against or from MEDITRUST (or any successor in title to the STERLING HOUSE FACILITY), the STERLING HOUSE FACILITY or the operator of the facilities located on the STERLING HOUSE FACILITY (regardless of whether such operator is the OWNER, ALP or ALS). Notwithstanding the foregoing, (i) nothing contained herein shall be constructed to prevent, limit, delay or otherwise impair any remedy available to the VILLAGE in connection with a violation by MEDITRUST (or any successor in title to the STERLING HOUSE FACILITY) or the STERLING HOUSE FACILITY of those portions of the Special Exception, Site Plan and Plat directly affecting or relating to the STERLING HOUSE FACILITY or limit the obligation of MEDITRUST (or any successor in title to the STERLING House Facility) or the STERLING HOUSE FACILITY to comply with those portions of the Special Exception, Site Plan and Plat directly affecting or relating to the STERLING HOUSE FACILITY and the ordinances of general application of the VILLAGE and (ii) the facilities located on the STERLING HOUSE FACILITY and the ALS PARCEL shall be constructed and operated on the integrated campus -like layout contemplated by the Plat referred to in Article IV hereof. The VILLAGE and OWNER stipulate and agree that MEDITRUST (and any successor in title to the STERLING HOUSE FACILITY) is an express intended third party beneficiary of the terms hereof, shall be entitled to enforce the terms and provisions hereof as if it were a party hereto and has given good and valuable consideration herefore by virtue of consent to OWNER entering into this Agreement and agreeing to join into the Plat. ARTICLE IX Provision to Run with Land /Recording This Agreement shall run with the ALS PARCEL and shall be binding upon the OWNER and their respective legal representatives, successors and assigns. This Agreement shall be recorded by VILLAGE in the Official Public Records of Palm Beach County, Florida upon full execution by the parties hereto. This Agreement shall be superior to any mortgages on the ALS PARCEL and shall be recorded prior to the recording of any such mortgages. Page 6 of 10 ORB 1 10846 Pg 618 ARTICLE X Entire Agreement This Agreement represents the entire agreement between the parties as to its subject matter and it may not be amended except by written agreement executed by both parties. ARTICLE XI Effective Date The Effective Date of this Agreement shall be the day upon which OWNER records in the Official Records of Palm Beach County, Florida, title in OWNER to all of the ALS PARCEL. ARTICLE XII Miscellaneous Wherever the word "laws" appears in this Agreement, it shall be deemed to include all ordinances, rules and regulations, as well as laws of the appropriate governmental authorities. This Agreement may not be amended except by written instrument signed by all parties hereto. Paragraph headings are inserted for convenience only and shall not be read to enlarge, construe, restrict or modify the provisions hereof. All references to numbered or lettered paragraphs, subparagraphs and exhibits refer (unless the context indicates otherwise) to paragraphs and subparagraphs of this Agreement and to exhibits attached hereto, which exhibits are by this reference made a part hereof. This Agreement shall be binding upon the parties hereto and upon their successors, assigns, heirs and personal representatives. In the event of the invalidity of any provision of this Agreement, same shall be deemed stricken herefrom and this Agreement shall continue in full force and effect as if such invalid provision were never a part hereof. Page 7 of 9 ORB 1 0046 Pg Er 19 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above. Signed, sealed and delivered in the presence of: VILLAG , OFT UESTA , Print e: B E z ee, Mayor Print Name: tip- Al. ALS -CLARE B DGE, INC. Print Name: By: �C �-Nam i a,� .e ice President rin: 1[rthy+,* (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this = day of �� , Q r— , 1998 by ELIZABETH A . SCHAUF Mayor of the VILLAGE OF TEQUESTA, a Florida municipal corporation, on behalf of the corporation. He is personally known to me and he did not take an oath. th Signature of Notary Public Lori Ann Montague NOTARY PUBLIC - S FG ©F7fDi LORI ANN M ON 7 A GUE Printed Name of Notary Public ON COMMISSION # C0609542 EXPIRES 12.22.2000 Commission No.: CC609542 SONDEDTHRU ASA I- M.NOTARYI Commission Expires: 12 -22 -200 Page 8 of 9 ORB IOaz+G pg 6a0 STATE OF KANSAS COUNTY OF 5 fgAr.� w 1 The foregoing instrument was acknowledged before me this day of D�rnbe►/ , 1998, by MjC ate( Fri , as Vice President of ALS CLARE BRIDGE, INC., a Delaware corporation, on be alf of the corporation. He is personally known to me and he did not take an oath. Si ature o otary Public jq Y cAcHARo juclv Cachard �eqv Printed Name of Notary Public Commission No.: Commission Expires: b- Ov ---p/ G:\RE\ENC\documents\29195-dxm-declarationuse.wpd Page 9 of 9 ORB 1 0846 Pg 6a 1 EXHIBIT "A" LEGAL DESCRIPTION THE LAND A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 LAST, PALM BEACN COUNTY, FLORIDA, 13E[NG MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONUvI NCI. AT TILE SOUTI•IL•AST CORNER OF THE NORTI QUARTEit OF THE NORTHWEST QUARTER OF SAID SECTION 30, THENCE DEAR NORT 1 89 - �TOS - WEST. ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF T1-1E NORTHWEST QUARTER, A DISTANCE OF 26.19 FEET; THENCE SOUTH 17° I T07" EAST, ALONG A LINE PARALLEL WITH THE 1VESTERLY RIGHT -OF -WAY LNE OF U.S. HIGHWAY NO. I. AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OI- -WAY MAP SECTION 93040 -2503, BEING THE I3EARIN(3.'BASL FOR THIS DESCId PTION, A DISTANCE OF 153.99 FP-P-T TO TI-1E POINT OF BEGINNING; THENCE CO?N'TFNUL- SOUTH 17'1 T07" EAST A DISTANCE OF 192.16 FEET TO Tl-iE INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH LINE OF A PAII;CEL OF LAND DESCRIBED M DEED BOOK 1097, PAGE 379, PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS: THENCE SOUTH 89 LAST,;LLONG,SAID EXTENSION, A,DISTANCE OF37.87 FEET; 7H -ENCE SOUTH l7 °17'07" LAST A DISTANCE OF 251.98 FEET TO THE INTERSECTION WITI-I TI-fE NORTH 1UGHT -OF - WAY LrNE OF VILLAGE BOULEUAM), BEING A CVZVE CONCAVE TC THE SOU IE,'1ST, I- I.1%'�IG A P DIUS OF 7 IFFEET /uti� WrIOSE CENTER LEA.RS SOUTH 03 1 52'08" EAST; TI-IENCE SOi THW%STERI.Y, ALONG SAID CURVE, TI-T.OUGH A CENTRAL ANGLE OF 21')15'21 A DISTANCE OF 268.96 FEET; THENCE NORTH 17° 17'07' WEST A DISTANCE OF 442.56 FEET: THENCE NORTH 72 °42'53" LAST A DISTANCE OF 231.00 n:ET TO IT LE POINT OF I3EGINNIN(i AND: A PARCEL OF LAND LYING IN THE NORTHIN ;EST QUARTER OF SECTION 30, TOI•;NS11IP 40 SOUTH, RANGE 43 LEAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOI- ;S: CO1'-II•1ENCE AT THE SOUTHEAST CORNER OF THE NOPTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE BEAR NORTH 89 DEGREES, 57 MINUTES, 08 SECONDS 1 - ,EST, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER, A DISTA1,CE OF 26.19 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 17 DEGREES, 17 MINUTES, 07 SE EAST, ALONG A LICE PARI�LLEL WITH THE WESTERLY FIGHT- OF -WAY LINE OF U.S. HIGH'r]A': I:0. 1, AS SHOT ?7 ON THE FLORIDA DEPARTMENT "OF TRANSPORTATION P.IGHT- OF -I• ;AY NEAP SECTION 930 -2503, BEING THE BEARING BASE FOR THIS DESCRIPTION, A DISTANCE OF 153.99 FEET; THIENCE RUN SOUTH 72 DEGPFES, 42 MINUTES, 53 SECONDS WEST A DISTANCE OF 231.00 FEET; THENCE RUN SOUTIH 17 DEGREES, 17 I- IIIv7Y-rES, 07 SECONDS WEST A DISTANCE OF 72.5G -..ET; THENCE RUN SOUTY 72 DEGREES, 42 MINUTES, 53 SECONDS NEST A DISTANCE OF 120.00 FEET; TaE'.CE RUN NORTH 17 DEGREES, 17 P�I "i INUES, 07 SECONDS EAST A DISTANCE OF 336.09 FEET TO A POII ;T ON THE SOUTH LINE OF SAID NORTHWEST QUARTER OF TiE NORTHWEST QUARTEP; THENCE RUN SOUTH 89 DEGREES, 57 IQINUTES , 08 SECONTDS EAST, ALTOING THE SAID SOUTH LINE OF SAID NOPTHP;E ST QUARTER OF THE NOP,THWEST QUARTER, A DISTANCE OF 367.70 FEET TO THE POINT OF BEGINNING. RECORDER'S MEMO; Legibility of document (Page I of 2) unsatisfactory when received. ORB 110846 Pig 62 EXHIBIT "A" LEGAL DESCRIPTION THE LAND A parcel of land lying in the Northwest Quarter of Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commence at the Southeast corner of the Northwest quarter of the Northwest quarter of said Section 30; thence bear North 89° 58'00" West along the South line of said Northwest quarter of the Northwest quarter a distance of 393.86 feet to the point of beginning; thence South 17° 17'07" East a distance of 335.99 feet; thence North 72 0 42'53" East a distance of 120.00 feet; thence' South 17 °17'07" East a distance of 370.00 feet to the Intersection with a curve concave to the Southeast, having a radius of 725.00 feet and whose radius point bears South 25 °07'29" East; thence Westerly along said curve, being the North right of way line of Village Boulevard, through a central angle of 6 °06'58 ", a distance of 77.39 feet to the point of reverse curvature of a curve concave to the Northwest, having a radius of 625.00 feet; thence Westerly, along said curve through a central angle of 23 °54'55 ", a distance of 260.88 feet to the point of reverse curvature of a curve concave to the Southeast, having a radius of 725.00 feet; thence, Westerly along said curve, through a central angle of 15 0 22'20" a distance of 194.52 feet to the Easterly right of way line of Old Dixie 1 as described in Official Record Book 5485, Page 1729, Palm Beach County, Florida public records; thence, North 22 °41'51" West, along said Easterly right of way line, a distance of 456.37 feet to the point of curvature of a curve concave to the Southwest, having a radius of 7679.44 feet; thence Northerly, along said curve, through a central angle of 3 °11'35 ", a distance of 427.98 feet to ttie intersection with said South line of the Northwest Quarter of the Northwest Quarter; thence, Soutli 89 °58'00" East, along said South line, a distance of 52.7.75 feet to the point of beginning. (Page 2 of 2) ORB 1 0846 Pg 6j23 EXHIBIT "B" LE GAL DESCRIPTION THE LAND A PARCEL OF LAND LYING IN THE NORTHWEST' QUARTER OF SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORID/\, I3ECNG MOILE PARTICULARLY DESCR 13ED AS FOLLOWS: CONQvU NCL3 AT TILE SOUTI CORNER OF THE NORTI - f - w ST QUARTER OF TKE NORTHWEST QUAILTL•R OF SAID SECTION 30. THENCE BEAM NORT11 89 °57 WEST. ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF TI-EE NORTHWEST QUARTL'R, A DISTANCE OF 26.19 FEET; THENCE SOUTH 17 EAST, ALONG A LINE PARALLEL WITH THE IVESTERLY RIGHT -OF -MAY LINE OF U.S. HIGHWAY NO. I, AS SHOWN ON TI 113- IZOMA DEPARTMENT OF TRANSPORTATION RIGHT -01- -WAY MAP SECTION 93040 - 2503, BEINGME',BEARING -BASE FORTIES DESCk-TTION, A DISTANCE OF 153.99 ' 'T TO THE POINT OF BEGINNING; THENCE CO.W NUL- SOUTH 17'17'07" EAST A DISTANCE OF 192.16 FEET TOME DITERSECTION WITH THE IVESTERLY EXTENSION OF TT IE NORTH LINE OF A PARCEL OF LAND DESCRM ED IN DEED BOOK 1097, PAGE 379, PALM BEACH COUNTY, FLUiUDA, PUBLIC RECORDS: THENCE SOUTH 89°43'22" EAST, ALONG.SALD EXTENSION, A, DISTANCE OF 37.87 FEET; THENCE SOUTH I7 1T07" EAST A DISTANCE OF 251.98 FEET TO THE INTERSECTION WIT]I TI-0 NORTH IUGH"T -OF -WAY LTNE OF VILLAGE BOULEUARE), BEING A CURVE CONCAVE TC THl SOMMAST, IlkVE IG A PADILU OF 7;5.00 FEET kN WHOSE CENTER LCi.RS Soul '.Li 03 °52'0 EAST; TH-ENCE SOiJTMVESTERJ.Y, ALONG SAID CURVE, TI- i.OUGH A CENTRAL ANGLE OF 21 1 ", A DISTANCE OF 268.96 FEET; TI C--NCE NORTH 17° 17'07' WEST A DISTANCE OF 442.56 FEET: THENCE NORTH 72 0 42'53" EAST A DISTANCE OF 231.00 Fl :ET TO THE POLNT OF I3EGJNNIN(; AND: A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST, PALM 13CACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOS•,S: M- U-',Et•ICE AT THE SOUTHEAST CORNER OF THE NOPTHWEST QUARTER OF THE NORTH QUARTER OF SAID SECTION 30; THENCE BEAR NORTH 89 DEGREES, 57 MINUTES, 08 SECONDS WEST, ALONG THE SOUTH LINE OF SAID NORTHI•iEST QUARTER OF THE NORTHWEST QUARTER, A DISTA-',CE OF 26.19 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 17 DEGREES, 17 MINUTES, 07 SECONDS EAST, ALONG A LINE PARALLEL WITH THE WESTERLY RIGHT -OF -PAY LINE OF U.S. HIGHr1A'Y NO. 1, AS SHOi ?J ON THE FLORIDA DEPARTMENT''OF TRANSPORTATION RIGHT -OF -WAY MIAP SECTION 93040 -2503, BEING THE BEARING EASE FOR THIS DESCRIPTION, A DISTANCE OF 153.99 FEET; - - - ..E::CE RUN SOUTH 72 DEGREES, 42 t'lII'IIITES, 53 SECONDS Vi- A DISTANCE OF 231.00 FEET; THENCE RUN SOUTH? 17 DEGREES, 17 r.IT,=ES, 07 SECOi.�S SiEST A DISTANCE OF 72 . S6 FEET; THENCE RUN SOUTH 72 DEGREES, 42 MINUTES, 53 SECONDS i'iEST A DISTANCE OF 120.00 FEET; Tf ?:NCE RUN NORTH: 17 DEGREES, 17 MINUTES, 07 SECONDS EAST A DISTANCE OF 336.09 FEET TO A P0I1 ON THE SOUTH LINE OF SAID NORTHWEST QUARTEP. OF THE NORTHWEST QUARTER; THENCE RUN SOUTH 89 DEGREES, 57 MINUTES, 08 SECONDS EAST, ALONG THE SAID SOUTH LINE OF SAID NOPTHP ;EST QUARTER OF THE NORTH4EST QUARTER, A DISTANCE OF 367.70 FEET TO THE POINT OF BEGIN_ ING. ORB 1084E pg G ;Rz DOROTHY H. WILKEN, CLERK PB COUNTY, FL EXHIBIT "C" LEGAL DESCRIPTION ALS PARCEL A parcel of land lying in the Northwest Quarter of Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commence at the Southeast corner of the Northwest quarter of the Northwest quarter of said Section 30; thence bear North 89° 58' 00" West along the South line of said Northwest quarter of the Northwest quarter a distance of 393.86 feet to the point of beginning; thence South 17° 17' 07" East a distance of 335.99 feet; thence North 72 °42'53" East a distance of 120.00 feet; thence' South 17 °17'07" East a distance of 370.00 feet to the Intersection with a curve concave to the Southeast, having a radius of 725.00 feet and whose radius point bears South 25 °07'29" East; thence Westerly along said curve, being the North right of way line of Village Boulevard, through a central angle of 6 0 06'58 ", a distance of 77.39 feet to the point of reverse curvature of a curve concave to the Northwest, having a radius of 625.00 feet; thence Westerly, along said curve through a central angle of 23 0 54'55 ", a distance of 260.88 feet to the point of reverse curvature of a curve concave to the Southeast, having a radius of 725.00 feet; thence, Westerly along said curve, through a central angle of 15 0 22'20" a distance of 194.52 feet to the Easterly right of way line of Old Dixie I- iighway as described in Official Record Book 5485, Page 1729, Palm Beach County, Florida public records; thence, North 22 °41'51" West, along said Easterly right of way line, a distance of 456.37 feet to the point of curvature of a curve concave to the Southwest, having a radius of 7679.44 feet; thence Northerly, along said curve, through a central angle of 3 °11'35 ", a distance of 427.98 feet to the intersection with said South line of the Northwest Quarter of the Northwest Quarter; thence, South 89 °58'00" East, along said South line, a distance of 527.75 feet to the point of beginning.