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AMENDED UNITY OF TITLE MEMORANDUM 4 April 1988 TO: Peter L. Cheney, City Manager FROM: Carmen S. Annunziato, Planning Director RE: Bethesda Memorial Hospital: PUD Master Plan Modification - Jones and Foster - March 2, 1988 The document which accompanies your memo is not correct (see paragraph 2). The Planning Department took steps to correct this problem (see Amended Unity of Title). This Amended Unity of Title meets the conditions imposed through the approval process. [7~~ Carmen S. Annu ato Inks M E M 0 RAN DUM March 30, 1988 TO: FROM: SUBJECT: Canmen S. Annunziato, Planning Director Peter L. Cheney, City Manager Bethesda Memorial Hospital: PUD Master Plan Modification - Jones and Foster - March 2, 1988 You have received a copy of the material to which reference is made in Charles B. Koval's letter. Please confinm for the record that this material meets the requirements that the City had placed on this property. By a copy of this memorandum I am sending the documents referred to in the March 2, 1988 letter to the City Clerk's Office for filing. //) / / 7 //- /./L } c,iry/ Peter-/L. Cheney City Manager PLC:lat cc: City Clerk ltECElVED MAR .3J. _ l?i:JM~!~iUiJlG 00Pr.. .' COUNSEL WILLIAM A FOSTER LARRV a. ALEXANDER DANIEL M BACHI GEORGE H. BAiLEY KEVIN C. SEUTTENWULLEA MINDY R BLUME~TH"L JAMES I' COLE MARGARET L COOPER STEVEN ELLISON ALAN C ESPY L. MARTIN FLANAGAN HAYWARD 0 GAY MARJORIE GAOAR'A.N GRAHAM THADDEUS D HARTMAfI.!N SCOTT G. HAWKINS NEIL J HAYES THORNTON M. HE',RY PETER S HOLTON MARK B KLEINFEL:J CHARLES B KOVAt.. MICHAEL T KRANZ DIANA LEWIS JOHN B MARION ,v JONES & FOSTER, P.A. ATTORNEYS AND COUNSELORS 551 S,E, 8th STREET SUITE 101 DELRAY BEACH, FL 33444 (305) 278-9400 JOHN BLAIR McCRACKEN DANIEL C METHE JAMES M MUNSEY T RENEE MUSSETTER WILLIAM A. NORTON PATRICIA J. O'OORAN RICHARD J. OLACK BRUCE M. RAMSEY ~NDREW R ROSS STEVEN J. ROTHMAN PETER A. SACHS SUSAN M SEIGLE ROBERT L. SELLARS CAROLJ STEPHENSON JOEL T STRAWN SIDNEY A STUBBS, JR GEORGE P SUPRAN ALLEN I' TOMLINSON JOHN S TRIMPEI' MICHAEL P WALSH MONTY R. WARREN C CALVIN WARRINER III TIMOTHY L. WHALEN PAUL C WOLFE OTHER LOCATION 505 S. FLAGLER DRIVE PO DRAWER E WEST PALM BEACH, FL 33402-3475 March 2, 1988 Mr. Peter L. Cheney City Manager City of Boynton Beach 459 West Boynton Beach Blvd. Boynton Beach, FL 33435 RE: Bethesda Memorial Hospital: PUD Master Plan Modification Dear .Mr. Cheney: Pursuant to the requirements set forth in a memorandum to you from Carmen Annunziato dated November 17, 1987, enclosed you will find a copy of the recorded Unity of Title pertaining to the Medical Office Building and the required off-site parking area. It is my understanding that all necessary votes including that of the City Commissioners, have been conducted, and all were consistent with a finding of no substantial change in the PUD master plan for Bethesda Hospital. Please do not hesitate to contact me should you have any questions or require any further documentation. Very truly yours, CBK:elr JONES & FOSTER, P.A. ~~6'~ Charles B. Koval n "'T:' /,"'"'l'lr'07",:,,~~ H"~\...:~,:~ ~ -1, ~ .'1 '-~ t.] :~ _. -~_.' - -- - '- .,-.\..,..</ cc: Mr. James Schiller Mr. Carmen Annunziato "JILl ,/ ;.:. :>,,/' J98P c:: ~~-....~ ... "; .~ .... ,. ~ -............... "1'"M_ , I ,-. I ; WI I.. Prepared By/Record & Return TO: Charles B. Koval, Esq. Jones & Foster, P.A. Suite 101 551 S.E. 8th Street Delray Beach, Florida 33444 FE'B-10-198B 11:22am AA-035993 ORB 1:}570 pg t t 4 t UNITY OF TITIE In consideration of the issuance of a Permit to BETHESDA MEMORIAL HOSPITAL, INC. for the construction of a parking lot in Palm Beach County, Florida, and for other good and valuable considerations, the undersigned hereby agree to restrict the use of property being otherwise described on attached Exhibit "A" in the following manner: 1. 'That said property shall be considered as one plot and parcel of land, and that no portion of said plot and parcel of land shall be sold, transferred, devisecJ, or assigned separately except in its entirety as one plot or parcel of land. 2. 'The undersigned further agrees that this condition, restriction and limitation shall be deemed a covenant running with the land, and shall remain in full force and effect, and be binding upon the undersigned, their heirs and assigns until such time as the same may be released in writing by the Palm Beach County Zoning Commission or the Executive Officer of such Commission, or, in the absence of such Commission or Executive Officer, by the Board of County Commissioners. 3. The undersigned further agrees that this instrument may be recorded in the Public Records of Palm Beach County. Signed, sealed, f -- o /'L/):t~.:-,/~/ZS' I executed, and acknowledged on this , 1988, at Bol~ton Beach, Florida. ,:;J /1<.- ~L: day WI'lNESSES: , ( IJf'L,/~" :) - i:"..>' ~/ ../j ::2 ~ /~~_~Z/C- U -k?-ey ~f t3, /htSFALl (SEAL) (SEAL) STATE OF FLORIDA ) ): SS COUNTY' OF PALM BEACH ) I HEREBY CERTIFY that on this tI..~ da~ of ~, A.D., 191- before me personally appeared 4/ffA!T ---;J: ~..t..~ and , to me knCMn to be the person(s) described in and who executed the foregoing instrument, and they acknowledged to me the execution thereof to be their free act and deed for the purposes therein mentioned. WI'lNESS my signature and official seal at ~~~<<~( and State aforesaid, the day and year last aforesaid. in the County b <<?~~2f NOI'ARY PUBLIC r:OTM\.Y.~U~LlC. STATE OF FLORIDA tolY CO"lidS::.lorl [;(PJnES FEO 6 1990 evNU~o Tlln:.J t.<JT""l\Y f'UlJL.IC U~D1:;~WFUTE:~1i ORB 5570 pg 1142 EXHffiIT -A- PARCEL A That part of the Plat of B.M.H. PROPERTY according to the Plat thereof recorded in Plat Book 49, pages 43 and 44 of the Public Records of Palm Beach County, Florida, described as follows: Commence at the Northwest Corner of said Plat of B.M.H. PROPERTY thence S.89059'13"E., along the North Line of said Plat, 268.0 feet; thence S. 0044' 30"E. , 100.0 feet to the mINT OF BEGINNING; thence continue S.0044'30"E., 265.0 feet; thence N.8015130"E., 190.0 feet; thence N.0044'30"W., 265.0 feet; thence S.890l5'30"W., 190.0 feet to the said POINT OF BEGINNING. Containing 1.16 Acres, more or less. PARCEL B The Easterly 200 feet, as measured at right angles to the West right of way line of Seacrest Boulevard, of the following described parcel of land in Section 33, TOwnship 45 South, Range 43 East, Palm Beach County, Florida, to wit: Beginning at the intersection of the Westerly right of way line of Seacrest Boulevard with the North line of Tract 14 of the subdivision of said Section 33, as recorded in Plat Book 1, on page 4, Public Records of Palm Beach County, Florida; thence Southwesterly along said right of way line a distance of 272.39 feet; thence Northwesterly, at right angles to the preceding course, a distance of 419.69 feet; thence Easterly along the said North line of Tract 14, a distance of 500.29 feet to the point of beginning. ~SS AND NOT INCLUDING, the North 20 feet of the parcel herein described. AND ~1'H1ili WITH: Lots 8 and 9, PINE CREST RIDGE, Boynton Beach, Florida, according to the Plat thereof recorded in Plat Book 24, Page 153, of the Public Records of Palm Beach County, Florida, AND 'IDGE"lHER WI'lll: Lots 5, 6, and 7, PINE CREST RIDGE, Boynton Beach, according to the Plat thereof recorded in Plat Book 24, page 153, of the Public Records of Palm Beach County, Florida, AND 'IDGE"lHER WI'lH: The Westerly 219.69 feet and the North 20 feet of the easterly 230 feet of that portion of Lot 14 lying West of Seacrest Boulevard and North of Pine Crest Ridge, Boynton Beach, Palm Beach County, Florida, said plat being recorded in Plat Book 24, Page 153, Palm Beach County, Florida. AND 'IDGE"lHER WI'lll: That part of Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida, described as follows: Begin at the northwest corner of Lot 5, Pine Crest Ridge, according to the plat thereof recorded in Plat Book 24 at page 153 of the Public Records of Palm Beach County, Florida; thence south (assumed), along the west line of said Lot 5, 63.56 feet to a point of curvature of a curve concave easterly with a radius of 25.00 feet and a central angle of 56004'11"; thence southerly, along the arc of said curve, 24.46 feet; thence S.56004'00"E., along the southwesterly line of Lots 6, 7, 8 and 9 of said plat of Pine Crest Ridge, 432.65 feet to a point of curvature of a curve concave northerly with a -2- BMH S-Z/BMH-UT ORB 5570 pg 1 :I 43 radius of 25.00 feet and a central angle of 90000' 00"; thence easterly along the arc of said curve, 39.27 feet to the westerly right of way line of Seacrest Boulevard; thence S.33056'00"W, along said westerly right of way line, 100.00 feet to a point on a curve concave westerly with a radius of 25.00 feet, a central angle of 90000' 00", and chord bearing N.ll 004' OO"W; thence northerly, along the arc of said curve, 39.27 feet; thence N.56004'OO"W., along the northeasterly line of Lots 1,2,3 and 4 of said plat of Pine Crest Ridge, 412.32 feet to the west line of said Lot 4; thence south, along said west line, 12.87 feet; thence N.89003'00IlW., and parallel with the north line of L:Jt 5 of said plat of Pine Crest Ridge, 50.01 feet to a line 50.00 feet west of and parallel with the west line of said Lots 4 and 5; thence north, along said parallel line, 150.00 feet to the intersection with the westerly extension of the north line of said Lot 5, thence S.89003'00"E., along said westerly extension, 50.01 feet to the said point of beginning. -3- ~t:CORO V'ERlfl€D PALM BEACH COUNTY. FtA JOHN fl. DUNKLE CLERK CIRCUIT COURT B~1H S- Z/BMH -UT COUNSEL WILLIAM A. FOSTER LARRY B. ALEXANDER DANIEL M. BACHI GEORGE H BAILEY KEVIN C. BEUTTENMULLER MINDY R. BLUMENTHAL JAMES R COLE MARGARET L. COOPER STEVEN ELLISON ALAN C. ESPY L MARTIN FLANAGAN HAYWARD D GAY THADDEUS D. HARTMANN SCOTT G. HAWKINS NEIL J. HAYES THORNTON M. HENRY PETER S. HOLTON MARK B. KLEINFElD CHARLES 8. KOVAL MICHAEL T KRANZ DIANA LEWIS JOHN 8. MARION IV JOHN BLAIR McCAACKEN DANIEL C. METHE JONES & FOSTER, P.A. ATTORNEYS AND COUNSELORS 551 S,E, 8th STREET SUITE 101 DELRAY BEACH, FL 33444 (305) 278-9400 TIMOTHY E MONAGHAN JAMES M. MUNSEY T RENEE MUSSETTER WILLIAM A. NORTON RICHARD J. OLACK BRUCE M. RAMSEY ANDREW R. ROSS STEVEN J ROTHMAN PETER A. SACHS SUSAN M SEIGLE ROBERT L. SELLARS CAROL J. STEPHENSON JOEl T. STRAWN SI DNEY A. STUBBS, JR GEORGE P SUPRAN ALLEN R. TOMLINSON JOHN S. TRIMPER MICHAEL P WALSH MONTY R. WARREN C. CALVIN WARRINER III TIMOTHY L WHALEN WILLIAM S. WILLIAMS PAUL C. WOLFE OTHER LOCATION 505 S. FLAGLER DRIVE P.O. DRAWER E WEST PALM BEACH. FL 33402-3475 March 25, 1988 Mr. James Golden The City of Boynton Beach Boynton Beach, FL 33435 RE: Bethesda Medical Office Building/Unity of Title Dear Mr. Golden: Enclosed is a copy of the executed Atoonded Unity of Title regarding the parking area for the rredical office building on the carrpus of Bethesda Mem:>rial Hospital. I would appreciate it if you would take a IIlOIIEIlt to review this form to be sure that it satisfies the City's criteria before we record the document. Please do not hesitate to contact rre if you have any questions or concerns. If I have not heard from you within two weeks fran the date of this letter I will ass'llIIe the dOCUIIEnt meets with your approval. CBK:elr Enclosure Very truly yours, JONES & FOSTER, P.A. ~~/f~ Char les B. Koval {' It- 13l3-I )v - - ~ '.ir-;::: ,('. r= Iv::! S ,'.=-}-) ! {-.. I. <; ..J---" , ,. _ '_ -, l- It. "1 , cc: Mr. Robert Hill Ii AI;- ry /) i~ r T. /L' I::: lil ,Ii </, .''i ~fo.--' I. < L T, /1/-:.' L ~/ (,... ,t:- _, c/,,..... i (." t" L ~ IT / ,:: (,..-- C J.- ,'1 (~ ; ( ~ F /v <.:; It; .f~F ..[ T l r-- I L. ! v ~L ,,:,-' /- I" .....l'- _/ l v'/::: Prepared By/Record & Return TO: Charles B. Koval, Esq. Jones & Foster, P.A. Suite 101 551 S.E. 8th Street Delray Beach, Florida 33444 AMEtDED WI'IY OF TITLE In consideration of the issuance of a Permit to BETHES~ MEMORIAL HOSPITAL, INC. for the construction of a parking lot in Palm Beach County, Florida, and for other good and valuable considerations, the undersigned hereby agree to restrict the use of property being otherwise described on attached Exhibit "A" in the following manner: 1. '!hat said property shall be considered as one plot and parcel of land, and that no portion of said plot and parcel of land shall be sold, transferred, devised, or assigned separately except in its entirety as one plot or parcel of land. 2. 'Ihe undersigned further agrees that this condition, restriction and limitation shall be deemed a covenant running with the land, and shall remain in full force and effect, and be binding upon the undersigned, their heirs and assigns until such ttme as the same may be released in wr i ting by the Planning and Zoning Board of the Ci ty of Boynton Beach or the Executive Officer of such Board, or, in the absence of such Board or Executive Officer, by the Board of Commissioners of the City of Boynton Beach. 3. 'Ihe undersigned further agrees that this instrument rray be recorded in the Public Records of Palm Beach County. 4. 'Ihis Amended Unity of Title is intended to correct scrivener's errors in paragraph 2 of the Unity of Title recorded February 10, 1988 in Official Record Book 5570, page 1141, Public Records of Palm Beach County which improperly referred to release by the Palm Beach County Zoning Commission and the Palm Beach County Board of Commissioners. executed, and acknowledged on this , 1988, at Boynton Beach, Florida. 24th day Signed, sealed, of March WI'INESSES: ~~~/4J7 , - - , ( ktL IJMJ f ;/ttL(SFALJ ROBERT B. HILL (SEAL) (SEAL) PRESIDENT srATE OF FLORIDA ) ): SS COUNTY OF PALM BEACH ) I HEREBY CERI'IFY that on this Jh~ day of "",-f\(C(J-l personally appeared \<I)~r~ H \ L L-- and me knONn to be the person(s) described in and who instrument, and they acknowledged to me the execution act and deed for the purposes therein mentioned. , A.D., 19~before me , to executed the foregoing thereof to be their free WI'INESS my signature and official seal at~ES\f\ ('l\~~\R\ \~~\!. the County and State aforesaid, the day and year last aforesaid. I /' ~ ~,>- ) \0\ ',<Ot ~ ~ P IC ['0.", t. ~. .~_ ;: ,..... ! ,., " ~" .; ~ n:..~ ,;;) f.. - ~. ~::,:', !(.~91 ,.:-,~ ;, \,- BMH S-Z/BMH-UT EXHIBIT -A. PARCEL A That part of the Plat of B.M.H. PROPERTY according to the Plat thereof recorded in Plat Book 49, pages 43 and 44 of the Public Records of Palm Beach County, Florida, described as follows: Commence at the Northwest Corner of said Plat of B.M.H. PROPERTY thence S.89059'13"E., along the North Line of said Plat, 268.0 feet; thence S. 0044' 30"E. , 100.0 feet to the mINI' OF BEGINNING; thence continue S.0044'30"E., 265.0 feet; thence N.8015'30"E., 190.0 feet; thence N.o044'30"W., 265.0 feet; thence S.89015'30"W., 190.0 feet to the said POIN!' OF BEGINNING. Containing 1.16 Acres, more or less. PARCEL B The Easterly 200 feet, as measured at right angles to the West right of way line of Seacrest Boulevard, of the following described parcel of land in Section 33, TOwnship 45 South, Range 43 East, Palm Beach County, Florida, to wit: Beginning at the intersection of the Westerly right of way line of Seacrest Boulevard with the North line of Tract 14 of the subdivision of said Section 33, as recocded in Plat Book 1, on page 4, Public Recocds of Palm Beach County, Florida; thence Southwesterly along said right of way line a distance of 272.39 feet; thence Nocthwestecly, at right angles to the preceding course, a distance of 419.69 feet; thence Easterly along the said North line of Tract 14, a distance of 500.29 feet to the point of beginning. LESS AND NOT INCLUDING, the North 20 feet of the paccel hecein described. AND 'IOGE'IHER WI'lH: Lots 8 and 9, PINE CREST RIDGE, Boynton Beach, Flocida, according to the Plat thereof recorded in Plat Book 24, Page 153, of the Public Records of Palm Beach County, Florida, AND 'roGE'IflER WI'lH: Lots 5, 6, and 7, PINE CREST RIDGE, Boynton Beach, accocding to the Plat thereof recorded in Plat Book 24, page 153, of the Public Recocds of Palm Beach County, Florida, AND 'lOGETHER WI'lH: The Westerly 219.69 feet and the North 20 feet of the easterly 230 feet of that paction of Lot 14 lying West of Seacrest Boulevard and North of Pine Crest Ridge, Boynton Beach, Palm Beach County, Florida, said plat being recorded in Plat Book 24, Page 153, Palm Beach County, Florida. AND 'lOOE'IHER WIlli: That part of Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida, described as follows: Begin at the northwest corner of Lot 5, Pine Crest Ridge, according to the plat thereof recorded in Plat Book 24 at page 153 of the Public Records of Palm Beach County, Florida; thence south (assumed), along the west line of said Lot 5, 63.56 feet to a point of curvatuce of a curve concave easterly with a radius of 25.00 feet and a central angle of 56004'11"; thence southerly, along the arc of said curve, 24.46 feet; thence S.56004'OO"E., along the southwesterly line of Lots 6, 7, 8 and 9 of said plat of Pine Crest Ridge, 432.65 feet to a point of curvature of a curve concave northerly with a -2- BMH S-ZjBMH-UT radius of 25.00 feet and a central angle of 90000'00"; thence easterly along the arc of said curve, 39.27 feet to the westerly right of way line of Seacrest Boulevard: thence S.33056'00"W, along said westerly right of way line, 100.00 feet to a point on a curve concave westerly with a radius of 25.00 feet, a central angle of 90000'00", and chord bearing N.llo04'00"W; thence northerly, along the arc of said curve, 39.27 feet; thence N.56004'00"W., along the northeasterly line of Lots 1,2,3 and 4 of said plat of Pine Crest Ridge, 412.32 feet to the west line of said Lot 4; thence south, along said west line, 12.87 feet; thence N.89003'00"W., and parallel with the north line of let 5 of said plat of Pine Crest Ridge, 50.01 feet to a line 50.00 feet west of and parallel with the west line of said Lots 4 and 5; thence north, along said parallel line, 150.00 feet to the intersection with the westerly extension of the north line of said let 5, thence S.89003'00"E., along said westerly extension, 50.01 feet to the said point of beginning. -3- BMH S-Z/BMH-UT