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REVIEW COMMENTS DEVELOPMENT DEPARTMENT MEMORANDUM NO PZ 00-299 TO. Chairman and Members Planmng and Development Board ;fJ f.v /' Michael W Rumpf It- Planning and Zoning Director THRU FROM. Jose R Alfaro Planner DATE. October 12, 2000 SUBJECT Grotto Bay ABAN 00-004 NATURE OF REQUEST Joni Brickman, AICP, of Winston Lee & Associates, Inc , agent for Quantum Park & Village, L L C , has filed this application to abandon a utility easement dedicated to the CIty by the plat of Quantum Park at Boynton Beach P I D , Plat No 6, as reconied in Plat Book 57, Pages 191-193, PublIc Records of Palm Beach County, Florida. The attached Exhibit "A" shows the location of the applicant's property, and includes a diagram of the speCIfic easement to be abandoned BACKGROUND In February, 2000, the Quantum Park DR! Development Order Amendment #10 changed the land use designations for parcels 59 - 67C to allow "Mixed Use" that permIts office, commercial and residential uses The subject site represents a multI-family residt.ntial component of a conceptual Master Plan described as Quantum Village, now known as Quantum Grotto Bay at Bermuda Place The developer proposes the construction of eighteen (18), two-story bUIldings containing 272 rental apartment units on Quantum Park Plat 6 lots 59 - 61 located on the east side of Quantum Lakes Drive Two of the proposed buildings would be constructed on portions of a 20-foot utility easement dedicated by plat to the City of Boynton Beach (see Exhibit "B" - Proposed SIte Plan) The developer is requesting the abandonment of the above-referenced 20-foot dedicated utility easement located at either side and along the dividing parcel line between lots 60 and 61, to faCIlitate the development of the proJect. ANALYSIS According to the applicant, the subject easement is currently not being utilized by any agency and/or city, and is not of interest for future use by any local public or private utility company Furthermore, the City departments involved in the review of all requests for abandonment, and the utility companies notified of the request are identified belo\\< PublIc notice was given to the property owners that abut the easement and it has been advertised in the newspaper The responses by the utility companies and city departments are as follows Page 2 Memorandum No PZ 00-299 ABAN 00-004 CITY DEPARTMENTS Engineenng UtilItIes Planning and Zoning No objection. No objection. No objection PUBLIC UTILITY COMPANIES Flonda Power and Light Bell South Florida Public UtilIties Company Cable Company (Adelphia) Cable Company (Comcast) No objection. No objection. No objection. No objection. No objection. The followmg is a description of the zoning districts and land uses of the properties that surround the subject request (see Exhibit "A" - Location Map) North South East Lot 62 Quantum Park, vacant, zoned PID, part of Quantum Village Lot 58 Quantum Park, zoned PID, being developed for office use Quantum Lakes Drive right-of-way and farther west, Water Management Tract "P" and Tract "Q" Quantum Park. Water Management Tract "M" Quantum Park and the Sand Pine Preserve in Quantum Park West RECOMMENDATION Staff recommends that the subject abandonment request be approved No conditions of approval are recommended, however, any conditions of approval recommended by the Planning and Development Board or required by the City Commission will be placed in EX.libit "C" - ConditIOns of Approval xc Central File S:IPlanningISHAREDlWPIPROJECTSIQuantum Park -GrolW Bay @ Bennuda PlacelGrotlo Bay AbanlStaff Repon 00-004. doc 6.A.4 GROTTO BAY @ BERMUDA PLACE ABANDONMENT DEPARTMENT OF ENGINEERING MEMORANDUM NO 00-165 TO ~ ~ael W Rumpf, DIrector of Planmng and Zomng THRU ~ A. Guidry, Intenm DIrector of Engmeenng FROM. H. DavId Kelley, Jr , PE/PSM, UtIlIty/CIvil Engmeel ~ I.~rm &]L(l(G'iI ,O/ll1f; 'I] , ~In" -, , ' DATE October 31, 2000 RE Abandonment Application for Planning & Development Board Meeting Utility Easement between Lots 60 & 61, Quantum Park at Boynton Beach, P.I.D. Grotto Bay @ Bermuda Place The department IS m receIpt of the abandonment applIcatIOn request for the above noted locatIOn submItted on September 29, 2000 The subJect request IS to abandon a utIlIty easement located between Lots 60 & 61, Plat of Quantum Park at Boynton Beach, P.I.D, Plat No 6, as recorded m Plat Book 57, Pages 191 through 193, PublIc Records of Palm Beach County, specIfically' All of the 20 00 feet WIde utilIty easement m favor of the CIty of Boynton Beach, lymg 10 00 feet on each SIde of the north lIne of the aforementIOned Lot 60 The legal descnptIon agrees WIth the Boundary Survey attached to the applIcatIOn. The ongmal utIlIty easement was mtended to be for stormwater dramage from Quantum Lakes Dnve to a water retentIon tract. However, the re-desIgn of the tracts for Grotto Bay have rerouted a major portIOn of the 12-foot Dramage Easement and the eXIstmg 54-mch CMP dramage condUIt to accommodate the proposed SIte plan. To thIS end, the re-routmg should be approved by the CIty as a portIOn of the eXIstmg easement reflects proposed bUIldmg(s) on same as well as the proposed clubhouse. Perhaps a replat should be conSIdered to IdentIfy all of the new and/or relocated easements that WIll be gIven to the CIty Therefore, havmg stated the above, thIS department recommends approval of the applicatIOn for easement abandonment, subject to the proVISO that all new utilIty easements be defined to reflect theIr mtended use. If you have any questIOns, please contact the sender JAG:HDK/ck xc Sue Kruse, CIty Clerk Mark Law, Deputy UtilIty DIrector Jose Alfaro, P & Z Planner FIle C:\My Documents\Abandonment Application U,E. between Lots 60 & 61 Quantum (Grotto Bay @BennudaP1ace),doc DEPARTMENT OF DEVELOPMENT MEMORANDUM NO PZ 00-039 FROM Sue Kruse City Clerk ~r \ Michael W Rumpf'-/' \ .{cl-- Director of Planni g Zomng November 7 2000 TO DATE RE Grotto Bay @ Bermuda Place (Quantum Park) ABAN 00-004 Accompanying this memorandum you will find one (1) copy of the application and related documents for the re-advertisment of the above-referenced abandonment application The $500 00 application fee for staff processing and review has been forwarded to the Finance Department. A legal advertisement for same has been prepared for the November 28, 2000, Planning and Development Board meeting and the December 5, 2000 Commission meeting and will be forwarded to your office after review by the City Attorney MWR.blw J;ISHROATAIPLANNINGISHAREDIWPIPROJECTSIQUANTUM PARK -GROTTO BAY @ BERMUDA PLACEIGROTTO BAY ABANILEGALNOT-ABANDOC REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below ORIGINATOR. Planninq and ZoninQ Division PREPARED BY Michael Rumpf DATE PREPARED November 7.2000 BRIEF DESCRIPTION OF NOTICE OR AD Request for abandonment of a special purpose easement. SPECIAL INSTRUCTIONS AND REQUIREMENTS (Size of Headline Type Size, Section Placement, Black Border etc.) Standard Leqal Ad for the Planninq and Development Board meetinQ on November 28, 2000, and the December 5. 2000. Commission meetinQ. SEND COPIES OF AD TO Newspaper, adioininq property owners. applicant and Planninq and ZoninQ ManaQer. NEWSPAPER(S) TO PUBLISH The Post DATE(S) TO BE PUBLISHED November 13. 2000 LAST DATE TO FAX TO NEWSPAPER. November 8.2000 APPROVED BY CW1~" Jf~ ~ (Originator) /I j..AI k[ /Zi.JtflF /1- l:{-uo (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK. COMPLETED REVIEW COMMENTS (MEMOS) AND DATA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Development Board will conduct a PUBLIC HEARING at the LIBRARY PROGRAM ROOM, BOYNTON BEACH LIBRARY, 208 S SEACREST BLVD., on Tuesday November 28, 2000 The City Commission of the CITY OF BOYNTON BEACH, FLORIDA, will also hold a public hearing at CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA, on Tuesday, December 5, 2000 Both meetings at 7'00 p m to consider an abandonment request submitted by Quantum Park & Village LLC for a special purpose easement more particularly described as follows BEING A PORTION OF LOTS 60 AND 61 OF PLAT OF QUANTUM PARK AT BOYNTON BEACH, Pol 0 PLAT NO 6, PLAT BOOK 57, PAGES 191 THROUGH 193 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS ALL OF THE 20 00 FEET WIDE UTILITY EASEMENT IN FAVOR OF THE CITY OF BOYNTON BEACH, LYING 10 00 FEET ON EACH SIDE OF THE NORTH LINE OF THE AFOREMENTIONED LOT 60 CONTAINING 9508.05 SQUARE FEET, 0.22 ACRES, MORE OR LESS All interested parties are notified to appear at said hearings in person or by attorney and be heard Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH The Post November 13, 2000 IICHIMAINISHROATAIPlanningISHAREO\WPIPROJECTSIQuantum Park -Grotto Bay @ Bermuda PlacelGrotto Bay AbanlRe-advertisment of aban, for Grotto.doc DEPARTMENT OF DEVELOPMENT MEMORANDUM NO PZ 00-277 TO Sue Kruse City Clerk FROM /7 v IC- Michael W Rumpf Director of Planning & Zoning DATE September 20 2000 RE Grotto Bay @ Bermuda Place (Quantum Park) ABAN 00-004 Accompanying this memorandum you will find one (1) copy of the application and related documents for the above-referenced abandonment application The $500 00 application fee for staff processing and review has been forwarded to the Finance Department. A legal advertisement for same has been prepared for the October 24, 2000, Planning and Development Board meeting and the November 8, 2000 Commission meeting and will be forwarded to your office after review by the City Attorney MWR.blw J;ISHRDATAIPLANNINGISHAREOIWPIPROJECTSIQUANTUM PARK -GROTTO BAY@ BERMUDA PLACEIGROTTO BAY ABANILEGALNOT.ABANDOC NOTICE OF PUBLIC HEARING NOTICE 15 HEREBY GIVEN that the Planning and Development Board will conduct a PUBLIC HEARING at the LIBRARY PROGRAM ROOM, BOYNTON BEACH LIBRARY, 208 S SEACREST BLVD., on Tuesday October 24, 2000 The City Commission of the CITY OF BOYNTON BEACH, FLORIDA, will also hold a public hearing at CITY HALL COMMISSION CHAMBERS, 100 E BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA, on Tuesday November 8, 2000 Both meetings at 7 00 P m to consider an abandonment request submitted by Quantum Park & Village LLC for a special purpose easement more particularly described as follows BEING A PORTION OF LOTS 60 AND 61 OF PLAT OF QUANTUM PARK AT BOYNTON BEACH, PI D PLAT NO 6, PLAT BOOK 57, PAGES 191 THROUGH 193 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS ALL OF THE 20 00 FEET WIDE UTILITY EASEMENT IN FAVOR OF THE CITY OF BOYNTON BEACH, LYING 1000 FEET ON EACH SIDE OF THE NORTH LINE OF THE AFOREMENTIONED LOT 60 CONTAINING 9508 05 SQUARE FEET, 0.22 ACRES, MORE OR LESS All interested parties are notified to appear at said hearings in person or by attorney and be heard Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH The Post October 9, 2000 \\CHIMAINISHROATAIPlannlng\SHAREDlWP\PROJECTSIQuantum Park -Grotto Bay @ Bermuda Place\Grotto Bay AbanILEGALNOT-aban.doc quo.nsk02,dwg 9-11-00 10127102 pM EST LEGAL DESCRIPTION BEING A PORTION OF LOTS 60 AND 61 PLAT OF QUANTUM PARK AT BOYNTON BEACH P I D PLAT NO 6 PLAT BOOK 57 PAGES 191 THROUGH 193 PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA DESCRIBED AS FOLLOWS ALL OF THE 20 00 FEET WIDE UTILITY EASEMENT IN FAVOR OF THE CITY OF BOYNTON BEACH LYING 10 00 FEET ON EACH SIDE OF THE NORTH LINE OF THE AFOREMENTIONED LOT 60 CONTAINING 9508 05 SQUARE FEET 0 22 ACRES MORE OR LESS SURVEYOR'S NOTES BEARINGS SHOWN HERON ARE REFERENCED TO THE PLAT OF QUANTUM PARK AT BOYNTON BEACH, P I D PLAT NO 6 AS RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193 PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA RESULTING IN A BEARING OF SOUTH 58 03 17 EAST ALONG THE NORTH LINE OF LOT 60, AS SAME IS SHOWN ON SAID PLAT THIS SKETCH OF LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF PROFESSIONAL SURVEYOR AND MAPPER TIMOTHY M SMITH FLORIDA CERTIFICATE NO 4676 TI~SM FLORIDA CERTIFICATE NO 4676 TIMOTHY M. SMITH LAND SURVEYING, INC. 103 SUNFLOWER STREET ROYAL PALM BEACH, FL 33411 (561) 792-9157 LB #6865 SKETCH OF LEGAL DESCRIPTION RELEASE OF EASEMENT PREPARED FOR QUANTUM PARK AND VILLAGE, LLC SHEET 1 OF 2 SCALE N/A DA TE SEPTEMBER 2000 DIRECTORY QUANQUAN FIELD BOOK N/A DWG NO QUANSK02 quo.nsk02,o/wg 9-11-00 10,27,02 pM EST f- W w- l.J....O o :z ~ - II / / / 15' UTILITY ~EASEMENT / PLAT BOOK 57 191-193 f:;:i~ 6g w~ ---l <( W U ---l C/l<( U U C/l / o Lf') ::r:: D.... ~ ~ /~ :---. ~" ^J / Q "1/ ,!?J/ o ~/ ..! ~p ,!?J / ~ "'oJ ~ 0/ " .~ ~ / ~ lb 10..... Q,~ S .... CJ ~ ~ ~t;- :"( .(J "= & /~ ~ ~ ~ro .::- ,,0 N q(! I Q, 61 o / o 0 .... .... tr$ /j~ ,,"" / /.ff "f{) ./. C!) lOre /re "//0.; ~> ,,(;j 'v <(! / '/' , s.., " ~S&.S/S " ..."....0.). O,c- 11\1<0 ..... ~ 1>" S~ ,t:- U "'C Aflt'/ -i/;-O?-I(, ,,~~Q SO,..~ 0/ l',.. ,,~ )'01\1 ;ltf-is~~ " '_ I ~-iCCI)'~I\I)' ,,~ Jyr.......... ", O,t:- ~ " POINT OF TANGENCY 60 QUANTUM PARK AT BOYNTON BEACH, P I D PLAT NO 6 PLAT BOOK 57 PAGES 191-193 TIMOTHY M. SMITH LAND SURVEYING, INC. 103 SUNFLOWER STREET ROYAL PALM BEACH, Fl 33411 (561) 792-9157 lB #6865 SKETCH OF LEGAL DESCRIPTION RELEASE OF EASEMENT PREPARED FOR QUANTUM PARK AND VillAGE, LLC SHEET 2 OF 2 SCALE 1 "=100' DA TE SEPTEMBER 2000 DIRECTORY QUANQUAN FIELD BOOK N/A DWG NO QUANSK02 ~3 53pm From-CO~~ NORR'~ SCHERER WEINBERGER GfJ('J1 t;:'u oy dllU I"\t:H I V 56184241~ T-g23 P 02/07 F-878 - -......, ~ ...I . IIlLoI Con .f 705,4~0.00 Doc 102,938.50 I 111111111 111111111111111111111111111111 U 1111111111111 David B Norris, Esquire Cohen, Norris, Scherer Weinberger & Wormer 712 U S Highway One North Palm Beach. Florida 33408 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made the I rr-( day of APRIL, 2000, by QUANTUM L.IMITED PARTNERS, L. TO , a Florida Limited Partnership, hereinafter called the Grantor, to QUANTUM PARK & VILLAGE, LLC, a Limited Liability Company, having an address at 1401 Forum Way, Suite 101, West Palm Beach, Florida 33401, hereinafter called the Grantee (Wherever used herein, the terms "Grantor" and flGrantee" Include all the parties to this instrument and the heirs, legal representatives and assigns of mdividuals, and the successors and assigns of corporations and partnerships) WITNESSETH That the Grantor, for and in consideration of the sum of $1000 and other good and valuable consideration, receipt and sufficiency whereof are hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all those certain parcels of land situated in PALM BEACH County, Florida, and more particularly described as follows See EXHIBIT "AU attached hereto and by reference made a part hereof TOGETHER with all the tenements. hereditaments and appurtenances thereto belongmg or in anywise appertaining, including all right, title and interest of the Grantor in and to adjacent streets, roads, alleys and rights of way; SUBJECT TO those matters set forth on EXHIBIT "S" attached hereto and made a part hereof, without hereby reimposing the same, TO HAVE AND TO HOLD, the same in fee simple forever; AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple, that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor and none other . J.-ll-00 03 53pm From-COH~ NOR~I~ SCHERER WEINBERGER 56184241lU- T-923 P 03/07 F-878 IN WITNESS WHEREOF, the said Grantor has hereunto set its hand and seal the day and year first above written Signed, sealed and delivered in the presence of' Witnesses QUANTUM LIMITED PARTNERS, L TO a Florida limited Partnership BY MFI DEVELOPMENT. INC , a FlorIda Corporation, as Gen ral:\;rtner _ -. -~>""'''-.L)....;n cDonaJd, President Address A01 Forum Way, #101 West Palm Beach, Florida 33480 5T ATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 11..."'}\~ay of April, 2000, by Douglas MacQonald as PresIdent of MFT Development, lnc, a Florida CorporatIon and General Partner of Quantum Limited Partne~ Ltd , a Florida Limited PartnershIp, on behalf of the Partnership He IS personfillY', known to me or has produced - as identificationj I ~. \~.~-- (Notary ignature --- Printed Notary Sign ture My commission expl S o DONNA M ROY Naf ARY PliBUC sr AT! OF FLO~IO^ COMMlSSION NO. cC87S668 MY COMMISSION EXP. NE 8 . .,-11-00 03 54pm From-COH~ NORRI~ SCHERER WEINBERGER 5618424 I~-'- T-923 P 04/07 F-878 EXHIBIT "AfT LOTS 59, 60, LESS THE LIFT STATION SITE, 61, 62 AND 63. QUANTUM PARK AT BOYNTON BEACH, P.I.D., PLAT NO 6, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA RECORDED IN PLAT BOOK 57, PAGE 191, AND LOT 64, 65-A, 66, 67-A, 67-B, 57-C. QUANTUM PARK AT BOYNiON BEACH PI D , PLAT NO 9, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA RECORDED IN PLAT BOOK 60, PAGE 32, AND LOTS 83, 84, 85. 86, 87 AND 88, QUANTUM PARK AT BOYNTON BEACH PI D . PLAT NO 8, IN PLAT BOOK 5;7, PAGES 196 AND 197. OF niE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORiDA. AND LOT 65-B, QUANTUM PARK AT BOYNTON BEACH P 1.0 PLAT NO 9 ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FlORIDA RECORDED IN PLAT BOOK 60, PAGE 32, lESS AND EXCEPT THAT PORTION OF LOT S5B DESCRISED IN THAT CERTAIN SPECIAL WARRANTY OE~D RECORDED IN 0 R BOOK 11318, PAGE 1698, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. . __II~\I nvl....__ l ,.-11-00 03 54pm From-COH~ ~ORRIS SCHERER WEINBERGER 56184241 T-g23 P Q5/0T F-8T8 EXHIBIT "8" TO SPECIAL WARRANTY DEED "Permitted Exceptions" as listed below' 1 Restrictions, covenants, conditions and easements as contained on the Plat of Quantum Park at Boynton Beach, P I 0 , Plat No 6. recorded in Plat Book 57, Page 191, as affected by AffidavIts in 0 R. Book 5486, Page 263 and 0 R. Book 5510, Page 200, of the Public Records of Palm Beach County. Florida. 2 Terms, conditions, easements and other matters as shown on the Plat of Quantum Park at Boynton Beach, P I D Plat No 8 recorded in Plat Book 57, Page 196, of the Public Records of Palm Beach County, Florida 3 Terms, conditions, easements and othermatters as shown on the Plat of Quantum Park at Boynton Beach P I D Plat No 9 recorded in Plat Book 60, Page 32, of the Public Records of Palm Beach County, Florida 4 Terms, conditIons, covenants, restrictions and easements contamed in the Declaration dated October 14. 1987 and recorded in Official Records Book 5450, Page 1105, together with the Amendment as recorded in Official Records Book 6393, Page 218, and ASSignment of Rights of Declarant Appointment and Approval in Official iRecords Book 10540 Page 61, Amendment to Assignment recorded in Official Records Book 10582, Page 1256. Public Records of Palm Beach County Florida 5 Assignment of ReservatIons contained in instrument dated March 1, 1994 and recorded March 9. 1994 in Official Records Book 8158, Page 1324. Public Records of Palm Beach County, Flonda 6 Adoption of Development Order contained In instrument recorded May 2. 1985 in Official Records Book 4534, Page 1728. as modified In Official Records Book 4965. Page 619 Official Records Book 5090, Page 510, Official Records Book 5584, Page 1273, Official Records Book 9679, Page 532 and Official Records Book 10072, Page 1926 and OffiCIal Records Book 11378, Page 1831, Public Records of Palm Beach County, Florida 7 Reaf Estate Taxes and assessments for the year 2000 and all subsequent years 8 Memorandum of Restrictive Covenants recorded August 17, 1998 in Official Records Book 10582, Page 1102, as amended in Official Records Book 11077, Page 1486, Public Records of Palm Beach County, Florida . Au,-ll-OO 03 54pm From-CO~~' NOR~I~ SCHERER WEINBERGER 'R" , 5518424' - T-923 P 06/07 F-878 .; 9 Oil, gas and mineral reservations in favor of Trustees of the Internal Improvement Fund, as contained in Deed dated August 20, 1954 and recorded September 14, 1954 in Deed Book 1065, Page 421 of the Public Records of Palm Beach County, Flonda The right of entry for mmmg and exploration in said reservations has been released by Section 270 11 F S 10 Easement as set out and reserved in instrument dated August 29, 1961 and recorded August 30,1961 in Official Records Book 672, Page 38, Public Records of Palm Beach County, Flonda 11 Easement as set out and reserved In instrument dated August 29, 1961 and recorded August 30,1961 in Official Records Book 672, Page 40 Public Records of Palm Beach County, Flonda 12 Easement as set out and reserved in instrument dated April 8, 1970 and recorded April 23, 1970 in Official Records Book 1804, Page 71, as modified by Official Records Book 5848, Page 1201, Public Records of Palm Beach County, Florida 13 Easement as set out and reseNed In Order of Taking dated October 12, 1973 in Official Records B90k 2226, Page 1037, Public Records of Palm Beach County Florida : 14 Easement as set out and reserved in instrument dated March 19, 1984 recorded August 6 1984 in Official Records Book 4315, Page 1279, Public Records of Palm Beach County Florida 15 Easement as set out and reserved in instrument dated May 9, 1988 and recorded June 15, 1988 In Official Records Book 5703, Page 1248, Public Records of Palm Beach County, Flonda 16 Easement as set out and reserved in instrument dated May 9, 1988, recorded June 15, 1988 In OffiCial Records Book 5703, Page 1254, Public Records of Palm Beach County, Florida 17 Affidavit by the Lake Worth Drainage District relative to the required Rights-of- Way for dramage control and irrigation contained in instrument recOrded in OffiCial Records Book 1732, Page 612, Public Records of Palm Beach County, Florida 18 Terms, conditions and restrrctlons as set forth in that certam mstrument recorded in Official Records Book 11103, Page 239, Public Records of Palm Beach County Florida . Au,-ll-OO 03 54pm FrQm-cr'~~ NORg'~ SCHERER WEINBERGER 561942 T-Q23 P 07/07 F-878 I - 19 Any assessments, lien, imposition, right, title or interest, whether now existing or hereafter created or imposed by the Quantum Community Development District, specifically relating to any bond assessment or lien created by virtue of the issue of $20,000.000 00 in Speci~' Assessment Bonds, Series, 1994 20 Assessments or liens which may be Imposed by the Quantum Community Development District relating to the maintenance of the Infrastructure owned or maintained by the Quantum Community Development District created under Chapters 170 and 190 F S 21 Easement Agreement by and between Quantum limited Partners, Ltd , a Florida Limited Partnership. and Mobil Oil Corporation, recorded October 4, 1999 in Official Records Book 11378. Page 1717, Public Records of Palm Beach County, Florida 22 Terms conditions, covenants and other matters contained in Memorandum of Restrictive Covenants recorded October 4, 1999 in Official Records Book 11378, Page 1711 Public Records of Palm Beach County, Florida . . POLICY NUMBER 5332 - 1 1 3 3 2 9 Owner's Policy of Title Insurance Fidelity National Title Insurance Company OF NEW YORK A Stock Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM cov- ERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, a New York corporatIOn, herem called the Company, msures, as of Date of Pohcy shown m Schedule A, agamst loss or damage, not exceeding the Amount of Insurance stated m Schedule A, sustamed or incurred by the msured by reason of 1 Title to the estate or mterest described m Schedule A bemg vested other than as stated herem, 2 Any defect m or hen or encumbrance on the title, 3 UnmarketabIhty of the title, 4 Lack of a nght of access to and from the land The Company will also pay the costs, attorneys' fees and expenses mcurred m defense of the title, as msured, but only to the extent provIded m the CondItions and StipulatIOns ThiS policy shall not be vahd or bmdmg until Schedule A has been countersIgned by either a duly authonzed agent or representatIve of the Company and Schedule B has been attached hereto IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK has caused thiS policy to be signed and sealed by its duly authoTlzed officers as of Date of Policy shown In Schedule A Fidelity National Title Insurance Company of New York COHEN, NORRIS, SCHERER, WEINBERGER & WOlMER 712 U S. HWY 1, SUITE 400 NORTH PALM BEACH, FL 33408 " /iki/!ff ( Pre3iden1: ATTEST ~ I-J w~ Seer.tary FORM 5332 (8/94) Reprinted (5/97) ALTA OWNER'S POLICY (10-17-92) with Florida Modifications Fidelity National Title INSURANCE COMPANY OF NEW YORK POLICY NO 5332-113329 SCHEDULE A Date of Policy APRIL 20, 2000 @ 3:22PM Amount of Insurance $14,705,420 00 File No 94418088 1 Name of Insured, QUANTUM PARK & VILLAGE, LLC, A LIMITED LIABILITY COMPANY 2. The estate or interest in the land described herein and which is covered by this policy is FEE SIMPLE 3, The estate or interest referred to herein is at date of policy vested in' QUANTUM PARK & VILLAGE, LLC, A LIMITED LIABILITY COMPANY 4 The land referred to in this policy is situated in the County of PALM BEAC H State of Florida and is described as follows. SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Countersigned and Validated Cohen, Norris, Scherer, Weinberger & Wolmer BY AUTHORIZED REPRESENTATIVE Form T.643 (A) (2/83) ALTA Owner'. Policy Form A (Amended '0/17/70) Fidelity National Title INSURANCE COMPANY OF NEW YORK POLICY NO 5332 113329 SCHEDULE B This policy does not insure against loss or damage by reason of the following: 1 The lien of all taxes for the year 2000 and thereafter 2. Any lien, or right to a lien for services labor or material heretofore or hereafter furnished imposed by law and not shown by the public records, 3. Any encroachments, easements, measurements, variations in area or content, party walls or other facts which a correct survey of the premises would show 4 Rights or claims of parties in possession, 5, Roads ways, streams or easements, if any not shown of record, riparian rights and the title to any filled-in lands Items Numbered 2-5 above are hereby deleted 6. Terms, conditions, easements and other matters as shown on the Plat of Quantum Park at Boynton Beach P I.D Plat No.6 recorded in Plat Book 57 Page 191 as affected by Affidavits in O,R, Book 5486 Page 263 and O.R. Book 5510 Page 200, of the Public Records of PALM BEACH County Florida, 7 Terms, conditions, easements and other matters as shown on the Plat of Quantum Park at Boynton Beach P I D Plat No 8 recorded in Plat Book 57 Page 196, of the Public Records of PALM BEACH County Florida. 8. Terms, conditions, easements and other matters as shown on the Plat of Quantum Park at Boynton Beach P.I D Plat No.9 recorded in Plat Book 60 Page 32, of the Public Records of PALM BEACH County Florida, 9 Terms, conditions, covenants restrictions and easements contained in Declaration dated October 14 1987 and recorded October 15, 1987 recorded in Official Records Book 5450 Page 1105, together with the Amendment as recorded in O,R. Book 6393, Page 218; and Assignment of Rights of Declarant Appointment and Approval in O,R. Book 10540 Page 61 Amendment to Assignment recorded in O.R. Book 10582, Page 1256 of the Public Records of PALM BEACH County Florida. 10 Assignment of Reservations contained in Instrument dated March 1 1994 and recorded March 9 1994 in O,R, Book 8158, page 1324 Public Records of Palm Beach County Florida. 11 Adoption of Development Order contained in instrument recorded May 2, 1985 in O.R, Book 4534 Page 1728 as modified in O.R. Book 4965, Page 619; O.R, Book 5090 Page 510' O,A. Book 5584 Page 1273 O,R, Book 9679 Page 532; O.A. Book 10072, Page 1926 and OR Book 11378, Page 1831 Public Records of Palm Beach County Florida, 12, Oil, gas and mineral reservations in favor of Trustees of the Internal Improvement Fund as contained in Deed dated August 20, 1954 and recorded September 14 1954 in Deed Book 1065, Page 421 of the Public Records of Palm Beach County Florida. The right of entry for mining and exploration in said reservations has been released by Section 270 11 F.S, 13. Easement as set out and reserved in instrument dated August 29 1961 and recorded August 30 1961 in OR Book 672, Page 38, Public Records of Palm Beach County Florida, 14 Easement as set out and reserved in instrument dated August 29 1961 and recorded August 30 1961 in O,A. Book 672, page 40 Public Records of Palm Beach County Florida, Fidelity National Title INSURANCE COMPANY Commitment No File Number' 94418088 SCHEDULE 8 II (Continued) 15. Easement as set out and reserved in instrument dated April 8, 1970 and recorded April 23 1970 in O.R. Book 1804 Page 71 as modified by O.R. Book 5848, Page 1201 Public Records of Palm Beach County Florida, 16, Easement as set out and reserved in Order of Taking dated October 12, 1973 in O.R. Book 2226 Page 1037 Public Records of Palm Beach County Florida. 17 Easement as set out and reserved in instrument dated March 19 1984 recorded August 6, 1984 in O.R. Book 4315, Page 1279 Public Records of Palm Beach County Florida. 18, Easement as set out and reserved in instrument dated May 9 1988 and recorded June 15 1988 in O.R, Book 5703 Page 1248, Public Records of Palm Beach County Florida, 19, Easement as set out and reserved in instrument dated May 9, 1988, recorded June 15, 1988 in O,R, Book 5703 Page 1254 Public Records of Palm Beach County Florida, 20. Affidavit by the Lake Worth Drainage District relative to the required Rights-of-Way for drainage control and irrigation contained in instrument recorded in OR Book 1732, Page 612, Public Records of Palm Beach County Florida, 21 Memorandum of Restrictive Covenants by Quantum Limited Partners LId and Boynton Industrial Realty Corporation recorded August 17 1998 in OR Book 10582, Page 1102; as amended in OR Book 11077 Page 1486 Public Records of Palm Beach County Florida. 22. Terms, conditions and restrictions as set forth in that certain instrument recorded in OR Book 11103, Page 239 Public Records of Palm Beach County Florida. 23. Any assessments, lien imposition, right, title or interest, whether now existing or hereafter created or imposed by the Quantum Community Development District, specifically relating to any bond assessment or lien created by virtue of the issue of $20,000,000.00 in Special Assessment Bonds Series 1994 24 Assessments or liens which may be imposed by the Quantum Community development District relating to the maintenance of the infrastructure owned or maintained by the Quantum Community development District created under Chapters 170 and 190 F,S. 25 Easement Agreement by and between Quantum Limited Partners LId a Florida limited partnership and Mobil Oil Corporation recorded October 4, 1999 in O.R. Book 11378, Page 1717 Public Records of Palm Beach County Florida. 26. Terms, conditions, covenants and other matters contained in Memorandum of Restrictive Covenants recorded October 4 1999 in O.R. Book 11378, Page 1711 Public Records of palm Beach County Florida. NOTE This Policy consists of insert pages labeled Schedules A and B This Policy is of no force and effect unless both pages are included along with any added pages incorporated by reference,