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
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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
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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
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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
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Pre3iden1:
ATTEST
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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,