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HomeMy WebLinkAboutProperty_Title_05/15/1998 � 4 � ��t...l...�{: ����,�E��..�./ � � � �� � � � /t- , C,� S' /`7�G-�"�.� G��'v.. �.-� �� � �-_��`�, :,�� `f--`� f . �� 3c l � j THIS INSTRUMENT PREPARED BY: - - __ -_ _-, �RS 1 ��+3��Pq. 194� � ;�ill 11 IIIiI 111 II I111181 II 11111 III II III il 111 II Iil I IIII UNITY OF TITLE AGREEMENT THIS UNITY OF TITLE AGREEMENT ("Agreement") is made and entered into as of this /5 � day of °f'I , 1998, by and between MEDITRUST � COMPANY LLC, a Delaware limited liability company, successor by merger to MEDITRUST OF FLORIDA, INC., a New York corporation ("Owner") and the VILLAGE OF TEQUESTA, a municipal corporation existing under the laws of the State of Florida ("V illage"). RECITALS WHEREAS, Owner is the fee simple title holder of the following described property situated, lying and being in the Village of Tequesta, Palm Beach County, Florida ("Property"): SEE EXHIBIT "A" ANNEX�D HERETO AND INCORPORATED HEREIN BY REFERENCE. PARCEL IDENTIFICATION NUMBER: 60-43-40-30-00-000-3070 AND PORTION OF 60-43-40-30-00-002-0010 WHEREAS, Owner is seeking a Certificate of Occupancy for an assisted living facility on the Phase II Property more particularly described in Exhibit "A" annexed hereto and incorporated herein by reference; and WHEREAS, in order to satisfy certain zoning, set back and site plan requirements imposed by Village, it is necessary to record this Unity of Title Agreement rebarding the Phase II property with the Phase I property previously developed as an assisted living facility and described in Exhibit "A" annexed hereto and incorporated herein by reference as the Phase I Property (the "Phase I Property"); and WHEREAS, it is the desire of the Owner, in consideration for the receipt of said Certificate of Occupancy, to enter into this Unity of Title Agreement, unifying the Phase I Property and the Phase II Property into one single lot so that the legal requirements of the Village will be met. NOW THEREFORE, in consideration of Ten and 00/100 ($10.00) Dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and the Village agree as follows: 1. All of the above described Phase I and the Phase II Property (hereinafter called the "Property") shall be considered as a single parcel of land. 2. The Village agrees and acknowledges that following recordation of this Agreement and issuance of the Certificate of Occupancy for Phase II, the Property and all improvements constructed on it are in compliance with applicable zoning and site plan requirements of Village. 3. No portion of said single parcel of land shall be sold, transferred, devised, leased or assigned separately from the whole of the Property, except upon prior approval of the V illage. 4. This Agreement shall be a covenant running with the Property and shall be binding upon the Owner, its successors and assigns, and shall constitute notice to all persons � whomsoever of the terms and provisions herein set forth. 4. This Agreement shall be recorded in the public records of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date set forth above. Witnesses: OWNER: MEDITRUST COMPANY LLC, a Delaware limited liability mp y, successor by merger � ' ' \' to MEDITRU O LORI INC., a New �- �`� �- � T York co ion Print Name. �> �, � � . '�,,� ° , . � By• -- -- `' Name: MICH . ENJAMiN, ESQ. Print ame: •�, Title: SENIO !CE PRESIDENT i 2 ► . _ 1 .. lf h(i� �. � � ,� � F' CI 1 �� °=� '-� VILLAGE: VILI.AGE F TEQU STA � ��2�� By �y��G �p' Print Name: %Lt� u u f�E" N e• �L� z�t �� ra-. sc�++�uc: 2 • _ Title: �ayot�. n t Nam : Yy, �(/ �c�ih zza (SEAL) Attest: • ��. _°�- - � � � e; 'SOi4wlN Mqni RN 1 �: (.LU Title: v���a�-� ����« STATE OF (/►'1�,�„��� A: , !� COLJNTY OF (�„' , �� The foregoing instnunent was acknowledged before me thi�� day of � �� +� , 1998, by �` ` " as Vice President of MEDITRUST COIViPANY LLC, a Delaware limited liability c' mpany (successor by merger to MEDITRUST OF FLORIDA, INC., a New York corporation), on behalf of the corporation. Said person (check one) �personally known to me, ❑ produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, o❑ produced other identification, to wit: . Print Name: Notary Public, State of C�mmission No._ My Commission Expires: �melia C. Gentry STATE OF FLORIDA Notary Public NI�� Commission Expires August 9, 2Q02 COUNTY OF PALM BEACH • The foregoing instrument was acknowledged before me this�S,�siay of , 1998, by ��qn�--� � S�*Pr� , as M � of the VILLAGE OF TE ESTA, FLORIDA. Said person (check one) is personally known to me, ❑ produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or ❑ produced other identification, to wit: �..�., - ,.... O� . Print ame: Notary Public, State of Florida Commission No.: My Commission Expires: G:\RE�ENC�14566�27261\unity-Olb.wpd �S�PY '>��. JOANN MANGANIELLO [TEQUESTA-I I] : i° •"•"""�� : _.: .- MY COMMISSION N CC 507143 �.'• :o; EXPIRES: December 22,1999 '''�.�,,�oF,�°`P BondBd Thru NOt3ry PubliC Undervaiters 3 �r�� 1 ��+��1 r; :L ��-� DOROTHY H. WILKEN. CLERK PB COUNTY� FL EXHII3IT ~.a- LEGAL DESCRlPT10N PHASE I - A PATtCEL OF I.AND LYING IN TF-� NORTF�IWES7' QUAILTER OF SECTION 30, TOWNSE-� 40 SOUT�i, I�lNGE 43 EAST, PALM BEACX COUNI'Y. FLOFZID,�I, BEING MOKE PARTICULARI,Y DESCRII3ED AS FOL�OWS: COMiv1L-NCL• AT "I��iL• SOUTI COFtNER OF Tf-iE I�IORT!-fV,�ST QUART�R OF THE NORTf�WL•ST QUARTL-R OF SAID SECT[O1� J0, 7'HENCE IIEAR NORTH.89°57'OS' WEST. ' ALONG TI SOUTH LINL• OF SAID NORT�-[WEST QUARTER OF THE NORTHWEST QUAFLT� A DISTANG� OF 26.19 �`I'; THF:I�ICE SOUI� I7° 17`07" EAST, �.L.ONG A LINE PAI�I.I,I.EL WITH THE WESTCRLY RIGHT-OF-��/AY LINE OF U.S. HIGF�l�AY N0. f, AS SHOWN ON'I�iLFLORIDA DLPARTMENI' Q�TR,ANSPORTATION RIGHT-OF-WAY M,qP SECTION 93440-2503, I3F,II`iG TH�.' �3F�RL'�IQ:[3r1SE FORT�-iIS DESCF�'TIOt�I, A DISTANCE OF 153.99 FELT TO TI� POINT OF BEGWNIf�G; TI-i�NCE CO?�ITINtJ�� SOUTH 17° 17'p7" EAST A DISTANCE OF 192.16 FEET TO Tl-iE IPITERSECTION WITH THE 1�ESTEIZLY EXTENSION OF'I��E NORTH LTNE OF A P�+:CEL OF LAND DESCRII3ED IN JEED BOOK 1097. PAGL 379, PAL.M IIEAGH COLTNIY, IZOFZID.�, PUBLIC RECOIZDS: Tf-�NCL- SOUTH 89°4372" L•AST, AI,ONG.SAID EX'I"ENSION, A, DIS:I"ANCE OF 37.87 �ET; T}-�NCE SOUTH 17°1T07" EAST A DISTANCE OF 251.98 FEL•T 7'O T� IM W IT�� Tf-iL- NORTH IZIGHT-OF-Wr�Y LT?v� OF �TLLAGE FC?L�I.E�✓1l.tZL�, �iEING A CLZVE CONLA�'E TC TE-� �rJUTF�IST, H.4`.mtr= A r�DI�i� C�F 7:.S.00 Ir�E�' f„vL Wi-fOSE �LT�rTctZ LLiuZ� �vVTN 0?°53'�8" EinST; TI�t=.ivC� SOiJTFil�$TEi�1.Y, ALONG SAID �,iJRVE. TF-�.c?OUGH A CCM'FL�1L ANGI.,�E OF ZI°15'21", A DISTANCE OF 2G8.9G FEET; THL-NCE t�ORTI-i 17° 17'07" VJEST A DIST�INCE OF �542.56 FEET: THL-NCL NORTH 72°42'S3" �AST A DISTANC� OF 231.00 F1:LT TO THE I'OINT Or BLGINNWG ' Pi:ASE II A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTIOII 30, TOS�TNSHIP 40 SOUTH, RAAIGE 43 EAST, PALid BEACH COUNTY, FLORIDA, BEING MORE PARTICUL�ZLY DESCRZBED AS FOLLOWS: COI�'IENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST QIIARTER OF THE NORTH5�7EST QUARTER OF SAID SECTZON 30; THENCE BEAR NORTH 89 DEGREES, 57 t•fIDTLiES, 08 SECONDS t•IEST, ALONG THE SOUTH LINE OF SAID NORTHP7EST QUARTER OF THE rIORTH�•tEST QUARTER, A DZSTANCE OP 26.19 FEET TO THE POI27T OF BEGZ272iING; THENCE SOUTH 17 DEGREES, 17 i•tZNLT: S, 07 SECO.'DS EAST, AI,OIIG A LINE PARALLEL S•7ITH THE WESTERLY RIGHT-OF-F7At LIN� OF U.S. HIGiit•iAY iv0. l, AS SHOS•7N ON THE FLORZDA DEPiiRT1•IEI'1T'OF TRANSPORTATION P.IGHT-Or-i•IA'I I•ir�P SECTION 93040-2503, BEING TH: IIEA32ZNG IIASE FOR THIS DESCRIPTION, A DISTA2dCE OF 153 . 99 : r.c.T; _ri ;tiCE RUN SOUTH 72 DEGREES, 42 I•1ZNUTES, 53 SECONDS P7EST A DZSTANCE Or 231. 00 FE�T; THEIIC : RtTN SOLTI'H 17 DEGREES, 17 bIINVI'E5, 07 SECONDS YIEST A DISTAIJCE OF 72.56 FEET; T�ENCT' RUN SOUTH 72 DEGREES, 42 I�fINiJTES, 53 SECONDS FlEST A DISTAt�ICE OF 120.00 rEET; THENCE RUN NORTH 17 DEGREES, 17 I•1Z2�J'I'ES, 07 SECONDS EAST A DISTT�.NCE OF 336 _ 09 FEET TO A POINT ON THE SOUTH LZNE OF SAZD NORTHP7EST QUARTER OF THE NOP.THFIEST QUARTER; THENCE RUN SOUT'rI 89 DEGREES, 57 I•iI27UTES, 08 SECO2dDS EAST, ALONG THE SAID SOUTH LINE OF SAID NORTHj•7EST QUr�RTER OF THE 2dORTHWEST QUARTER, A DISTANCE OF 367.70 FEET TO THE POI:7T OF BEGI2i2d12iG. 1