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LEGAL APPROVAL 05/03/95 11 09 FAX 1 407 471 1 CATALFUMO CO S 141 001 Polt.lr Fax Note To 76~ Dale Prom Co. Phol'Kl# Phone # PALM BEACH COUNTY ~ECORDING STATEMENT F~' RETURN TO J~.MES E. JACOBY, ESQUIRE CLERK OF THE CIRCUIT COURT P. O. BOX 4177 hEST PALM BEACH F1.. 33402 ---- ----------------------------------- PLE Sf RETAIN THIS RECEIPT , THANK YOU C ~ DOC-TYPE ORBK-PAGE AMOUNT 95- 4048 ES 8617-1214 $15.60 95- '049 ES 8617-1211 $15.bO 9~ 050" 8617-1220 $29427.60 95-0 51 AS 8617-1259 $5b.1D 95-0 4052 FS 8617-1271 $29.10 REC ROING DATE FEB-13-1995 TIME 12:01pm REGISTER: GLJ SENTEn BY:' JACOBY, JAMES E. ING $291.00 ASST T $3. 00 DOCUM NTARY STAMPS $21,000.00 INT ISLE TAX $8,250.00 ============== TOTAL FEES DUE $29,544.00 1228 $29.544 00 LEASES Al10UN TENDERED $29,544.00 ============== BAlA E $.00 JA'\1ES E JACOBY / P A 1510 LATHAM ROA~, SUITE 10 IWEST PALM BEACH, FLORIDA 33409 DATE Februarv 13. 1995 BANKATLANTIC/OU&~TUM I InstrLment DRAINAGE AEANDONMEKT OF EASEMENT $ 15 60 $ $ $ $ RElcord~:1g Fee Abstract Certified Copy Doc Stamps IIntang 'faxes I [Instrument IRecording Fee iAbstract lcertlfied Copy 'Doc 3t:amps :::ntang Taxes DRAINAGE EASEMENT $ 1.5 60 ~ $ $ $ IYlstrument MORTGAGE DEED & SECURITY jRecordin;r Fee Abstract \CErtif_ed Copy Doc Stamps jlntang Taxes l'r t t . ~ns rumen. 177 60 $ $ ~ $21,000 00 $ 8,250 00 ASSIGNMENT OF RENTS, AND DEPOSI~S $ $ $ $ $ 55 10 Recordlng Fee Abstract Cert_f~ed Copy Doc Stamps Irntang Taxes IInscrume~t UCC-l !Recording Fee $ ,Abstracc $ Certified Copy $ Lac Stamps · $ Intarg Taxes $ FIN&~CING STAT&~ENT 29 10 I CHECK NL"MBER REr'Ur-m , TOT_~ L $ $29,54.4 00 Fax!! OFFICIAL RECEIPT '11'.q-...'t-lq)~ "7' '7-"", M -' oJ,w i"'!A 7'=;-1.......' ..... """E:" ....... - - '-"~~b} oI!'ft. ~ 760 F3 t 8 :;6 - III ia. ",.,.111' 'II ii Iii tJ1it City of iBoynton iBeac.fi 100 'E. 'Boyfttmr. '&a&n. 'BouiefltUYi 'P.O. ~310 'Boyfttmr. 'Bead&, %1ritI4 33425-0310 City 1IDiL (<<J7) 375-6000 j"j1X (<<J7) 375.(j()9() ~,- CERTIFICATION ~/,t-J _ "OJ Y ~- I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached copy of Resolution # R95-81, consisting of one page plus a map, the original "Exhibit" A", and disclaimer, the total consisting of four (4)0 pages, was approved on May 16, 1995 at the City Commission meeting are true and correct copies of the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIOA, this 19th day of May, 1995. '~k~';:{~~~~~C/AAE CITY CLERK MAY 19, 1995 (SEAl) , t l WP-CERTIFY WPD ~trIlria s qauway to tfu qulfstrtam "'08 v!\ ' B..76np;1827 RESOLUTION NO R95-.8 I d I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A TWELVE (12') FOOT WIDE DRAINAGE EASEMENT, THE CENTER OF THE EASEMENT BEING LOCATED AT THE PROPERTY LINE OF QUANTUM PARK, LOTS 13 AND 14; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID UTILITY EASEMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE WHEREAS, the applicant, Jeff Lis, agent for Dan~el Catalfumo contract purchaser of Lots 12 - 14 within Quantum Park is request~ng abandonment of a twelve foot (12') wide dra~nage easement, the center of the easement being located at the property line of Quantum Park, Lots 13 and 14 in connection with the proposed development of Lots 12 14 due to encroachment of a future building over a portion of the easement, and WHEREAS, comments have been solicited from the appro~riate City Departments; and WHBREAS, public hearings have been held before the City'S I Planning and Zoning Board and the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said easement no longer serves any useful purpose NOW, THEREFORE, BB IT RESOLVED BY THB CITY COMMISSION OF THB CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton I Beach, Florida by and through its City Commission does hereby I, abandon a twelve (12 ') foot wide drainage easement, the center Ii of the easement being located at the property line of Quantum !! Park, Lots 13 and 14, in the City of Boynton Beach, Florida and ! more particularly described in Exhibit "A" attached hereto Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached D~scla~mer and cause the same to be filed in the Public Records of Palm Beach County, Florida Sect~on 3. That this Resolution shall become effect~ve imrned~ately upon passage PASSED AND ADOPTED th~s /~ day of May, 1995 ATTEST CITY OF BOYNTON BEACH, FLORIDA //~ ,.?~I ~I/ Mayor '" I -~ - --- ~ " ~i Mayor _,_ '- ,/'7JL,- c= M or Pro Tem \...-/,<--... ~ l '--' J-4..;< ~ _ _ ComrnissioJer L J -J~ O/c ~.o.! Cit Clerk ( Seal) Commiss~oner / ( -1. c<-(~ l_ -i..J. f. ~ ] Comrn~ssIoner ]RB e~ iO r'3 1828 EXHIBIT "A" A strip of land 12 feet 1n width being a portion of Lots 13 and 14, accord1ng to the Plat of Quantum Park at Boynton Beach, P I D , Plat No 2, as recorded in Plat Book 57, Pages 184 and 185, Pub11c Records of Palm Beach County, Florida, lying 6 00 feet on each s1de of the follow1ng descr1bed centerline Beginn1ng at the southeast corner of said Lot 13, thence north 71 degrees 00'00" West along the South line or said Lot 13 a d1stance of 22 62 feet; thence departing said South line North 01 degrees 16 degrees 01" East a distance of 170 61 feet, thence North 75 degrees 20' 02" West a d1stance of 310 33 feet to a point lY1ng on the Westerly l1ne of said Lot 13 and the westerly terminus of this descript10n Subject to easements, rights-of-way and other matters of record \ ,.....; '-"/ 0RB DOROiHY H. ;:;;-760 Ps 18.29 ~ "tN, CLER~ PEr :OCiNT., q DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a munic1pal corporat1on, under the laws of the State of Florida, does hereby abandon and d1sclaim an approx1mate 12 foot dra1nage easement, with the center be1ng located at the property line of Quantum Park, Lots 13 and 14, sltuated and located in Palm Beach County, Florida, attached hereto as Exhibit "A" IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set the1r hands and affixed the seal of the City this ____ day of May, 1995 ATTEST ~~/. ~a~J il Su anne Kruse, City Clerk [f If I CITY OF BOYNTON BEACH, FLORID~ ~~~~ ~ J Ta or, or STATE OF FLORIDA II COUNTY GF PALM BEACH ) )ss ) BEFORE ME, the unders1gned authority, personally appeared JERRY TAYLOR and SUZANNE KRUSE, Mayor and C1ty Clerk respect1vely, of the C1ty of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be the1r Ii free hand and deed as such officers, for the uses and purposes ment10ned therein; that they aff1xed thereto the official seal of said corporat1on, and that sa1d 1nstrument 1S the act and deed of said corporat1on WITNESS my hand and official seal 1n the said State and County th1S /<1 day of May, 1995 My Cornrniss1on Exp1res j~' - -. J;..r~ET 1.4 PRi-',!N:70 ~~v cn~,\ s.3.iJt ~ ~C ~5 47 I ....yu:~t'; 7 i :,.,13. : ~ ?"'r:~: fl.-.'1.~/ :.. 1,......;:3 ,t -...:..~:c...._ :o-~;.;:.;;;:~...~.,;~~ of Florida 05 03/95 11 10 FAX 1 407 471 1 CATALFUMO CO S III 002 ~ ,". I.., Prepared by and Return to I JAMES E. JACOBY, P.A. 1510 LATHA.\1 ROAD SUITE 10 WEST PALM BEACH, FLORIDA 33409 FEB-13-1995 12:0OPIIl 95-044049 ORB 8617 pg 1217 ...11.......- - DRAINAGE EASEMENT This Easement is made this.i.JL day of February, 1995, by DANIEL S. CATALFUMO, as Trustee, under F.S 689071 CCatalfumo"), in favor of QUANTUM COMMUNITY DEVELOP~ENT DISTRICT ("CDD") BACKGROUND A. Catalfumo is the owner of certain property described on Exhibit "AI' (the "Property") B Catalfumo desires to convey to the CDD an easement for drainage purposes over the Propeny NOW THEREFORE, 10 consideration of the sum of $10 00 and other good and valuable consideration, the receipt of which is acknowledged, Catalfumo hereby grants unto the CDD, its successors and assigns, a perpetual easement and right-of-way for drainage purposes, over, under, through and across the Property, to have and to hold the same unto the COD, its successors and assigns forever IN WITNESS WHEREOF Catalfumo has executed this easement as of the day first above wri tten WITNESSES c DANIEL S CATAL UNDER F.S 689. ~~ . AS TRUSTEE STAlE OF FLORIDA COU1'llY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authonzed 10 the State aforesaid and in the Cdunty aforesaid to take acknow edgments, the foregoing instrument was acknowledge before me this j~ day of , 1995. by DANIEL S CATALF 1 0, AS TRUSTEE"liNDER F S 689071, and _ has produced _ he is personally known to me, OR did/_ did not take an oath. My Commission Expires. 05 03/95 FAX 1 407 471 )1 CATALFL~O CO S ..~, ORB 8617 P9 1218 11 11 EXHIBIT to:lleu \ \ \ \ , ("0 \ .... \ " \ 'i:, \ ~ I ,.. I ~ \ \ \ / , \ // I lIUlElt.Y llllE tDT II \ / i '\ '.~EsnRLY lERMmus"\..,... ~ .... / I \ _"'-~I \ _--......Jr-.!.---- III \ _--------- II ~ \1 1\1 =. \\\ \ II' ~ I I \ I I - 1\ \ l\ I ~ I I \ \ I \1 ~ ~ \\\ \ I , II \ i I' ~ ~ ~ \1 ~ I! ~ 'ii't I \ ~~ \ \1 ~ r; Sl IIII?~ \ '\' -\ ~ I e".) ~ I , 0 ~ 1\\ ~~ 1\ I W. ~};\ \ IU '; ~!~cl~ ~ \ 1\ ~ ~, \\\ ,.::r"\_ID$_ 111 i I r- ~:~:~:z I I ~ 1'1 a Q~;.,~~-t III CI ~\ : l!~il~ ~,I~ . ,\\ .t.. "",3\~~:D 1\1 \', ... "-I(~w ;!J;lli;..- ~ :z: " 11\ ~~~-~- ~N ,h ^'\.~ JI \ ;'''';i!l~X ~!'l II' ....Q". ---1 ,/ J ~~~:;~ q~ II ~"1 ()~'\ .....~.:-..... ........ I::~~z. 00 - 1\1 '\1....,:%;::::....._ ...,/..... lj\~:icn~~ '1'11\ .....~-"........ ...--- ~o .,.. ........-,...," -- ::tftl.ll'1 ./ . I ~.....;- ---~~p-~ / _ _, _ _ _ -::. - - - '-.::-,5' U1\\.11 ../..... ---- - ~-- , I ___---- GUANTUt.\ BLVO \ - -- - ----~ ------------ , Cl -\ r a -I A I )> (" ~~ ." ~ \ \ \ \ \ \ \ \ \ \ ./ \ /'" ~ ". OEseR I PT I ON SKETCH 60' 3cJ rJ 60' FOR: CATALFUMO MANAGEMENT AND INVESTMENT INC. ~ I TH I S 1 S NOT A SURVEY GRA ~6~l~iA~E. ~NlEe:T ~Q' J~/,.r 1iYV1rI1!"1> n~EN~Nr 11;30"4 RI!VISE SKETCH Tt4T l~ '!'V1!..nH~ dilt. LIDBERG LAND -"" SURVEYING. INC I 675 WeSI Irda..uown P.nd, S.h~ 200, ., "tcr, Rorid. ll4.sa 407.'46"'4-'4 no lOa Qlf.6J8 Fa, '0, NJ14 no. M.D 'lATE I {- !~...qlf OWl>. ACfIf.!i/!3 RW nil. D.C,L UF r:;I!I'!., <f75 ."UOT I n. ~003 I ], ~l Ij wi aa i"1 8 w c;: 05/03/95 11.~F~X 1~~7 '01 CATALFU.lO CO S 141 004 " N"Ot " .. ORB 8617 pg 1219 DOROTHY H. WILKEN, CLERK PB COUNTY FL DESCRIPTION 12 FOOT DRAINAGE EASEMENT A strip of land 12 feet in width being a portion of Lots 13 and 14 according to the Plat of Quantum Park at Boynton Beach. P I D Plat No 2, as recorded in Plat Book 57, Pages 184 and 185. Public Records of Palm Beach County, Florida, lying 6 00 feet on each side: of the following described centerline Beginning at the southeast corner of said Lot 13, thence North 71000'00" West along the South line of said Lot 13 a dIstance of 22 62 feet, thence departing said South lme North 01016001 H East a distance of 170 61 feet. thence North 75020'02" West a dIstance of 310 33 feet to a pomt Iymg on the Westerly line of said Lot 13 and the westerly terminus of thIS description, Subject to easements, rights-of-way and other matters of record Q12DRAIN LGL 11i 15194 KMH REVISED 11/30/94 KMH REV1SED 2/6/95 KMH II I ti'i\ LIDBERG LAND -"" SURVEYING. INC. I '71 W.., l"di.nt.w. R..d. 5<li,c IDO, Juphcr. FIDrid. lJUI 401-7"-8U. nu. /01 94-513 n. pc. KH "" M B D KH C "", DeL ""1'1; 11-15-94 "wt;, A94-S13 .iT D94-475 !SIIHT 2 lit' 2 Prepared by and Return to j JAMES E. JACOBY, P.A. 1510 LATHAM ROAD SUITE 10 WEST PALM BEACH. FLORIDA 33409 (407)471-0338 FEB-13-1995 12:00PII 95-044048 ORB 8617 pg 1214 ...11_._'.. ..._ ABANDONMENT OF DRAINAGE EASEMENT This Abandonment is executed this q~ day of February, 1995. by QUANTUM COMMUNITY DEVELOPMENT DISTRICT ("CDD"), joined by DANIEL S. CATALFUMO. as Trustee under F.S. 689071 ("Catalfumo") BACKGROUND A. A 12' wide drainage easement (the "Drainage Easementlt) in favor of the Quantum Park Property Owners AssociatIon. Inc. ("PDA") ilS successors and assigns, was created along the cammon boundary of lots 13 and 14 Quantum Park at Boynton Beach, P.I.D., Plat No.2, as recorded in Plat Book 57, pages 184 and 185, Public Records of Palm Beach County, Florida ("Plat") B The POA assigned its rights to the Drainage Easement to the CDD pursuant to certall1 Assignment of Reservations recorded 10 Official Record Book 8158, Page 1324. Public Records of Palm Beach County. Florida. c. The CDD has agreed to abandon the Drainage Easement in consideration of the agreement of Catalfumo to the grant to COD a replacement drainage easement, relocatmg the Drainage Easement to an acceptable l~ation to provide the dramage previously provided by the Drainage Easement. o Catalfumo has agreed to grant the relocated drainage easement to the CDD NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows 1 Easement. CDn on behalf of itself, its successors and assigns, hereby abandons the Dramage ~ 2. In consideration of the CDD's abandonment of the Drainage Easement, Catalfumo agrees to grant to the ,COD a relocated drainage easement on form and substance acceptable to the COD within six (6) months unless otherwise agreed to IN WITNESS WHEREOF. the parties have executed this Agreement as of the day and year first above written. WITNESSES QUANTUM COMMUNITY DEVELOPMENT DISTRICT BY BY 1 ORB 8617 P9 1215 ST ATE OF FLORIDA COUNT) OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County afor~aid to take aCknOWledgments~ foreJring instrument was acknowledged before me this q ~ day of February, 1995, by ~,[mJ[j(..,R,'RJ, as ~\ RatA-.ll of QUANTUM COMMUNITY DEVELOPMENT DISTRICT, a_ corporation, freely and voluntarily under authonty duly vested in hun/her by said co~ration and that the seal afflxed thereto is the true corporate seal of said corporation, and ~~he is personally known to me, OR _ has produced as identIfication, and _ did! ~ not take n oath. .' / ') I ,/ .~~ *~~1}~ ~:~'4~1l..dI' ~'fOfaljll" My Commission ,Expires: STATE OF FLORIDA COUN1Y OF PALM BEACH I HEREBY CERTIFY that on thIS day. before me, an officer duly authorized in the State aforesaid and In the County afor~d to take a owledgments, the foregomg instrument was acknowledged before me this~aay ofF ruary. 1995, by DANIEL S. CATALFUMO AS TRUSTEE UNDER F.S 689 071, and he/she is personally known to me. OR has produced as ldenAd _ did! did Dot lake an 0 My Commission Expires .':'...:"~~! -, iiOjipReY s. MOM8ACH ~:'~ Ice 104861 "t'~ "' ~ EXl'II\fS: Apd/ S 101lS 'II!: . ." BllIldId llItu ~"Y ~ U1lllrNll18ra 2 11\'11.&1,1 Ui. \L..II..IV..."" ""...11 ...~., ...\J .,;)u.L.ij~""... ..... ,. ...~ Mdr...: ORB 8617 P9 1216 DOROTHY HI WILKEN, CLERK PB COUNTY, FL Property AppraiUl'S PareelldenlllcaUOO (FoIoI Number(S): EXlilBIT I , I I I I I I I I I I I I \ \ \ \, \ , \ , ~), ~\ '\ ~.~\ ~\ \ ~7~e\ ~\ \ ~-. ~\ \ i\ \ \ \ """\ \ \ C'\ \ \ ~\ \ ;s:J' I l. ~\ 'I ~ I -4, I ~~ ~I I 1. 3 :-::,..... I ~ ~~~ , /- ~l.~tI1'ILI1)ootr........l:::?' I / I -:::::: i_ J)4D/1' ~ I r / I .....-.....;~~, / 1!'fR .-......::......'- I / rl'.l.lN/~tlliE -:::::::::::"'_ I IISI Lo'1t .... _ / :: /7 /' , I i 4 · '/~ I I : / ,; , / , ,; i'1~" / I 'oJ 11" , .. '/ i? /f I t.:.." L / / -----j/ -- / / '/ I , , / I " / I I I /j / " / I I j I I / ______ // I -----L/ / 12 SI3' 10' llU' ~ l1G. lit' ~i .:~ ~Cf """, ..' '-' 15 I I / #7 ~ DESCIIIPTION: A 9:r1)1 or l.rod 12 feat '1n width, ~dn8 the South' 00 het of Lor 13 end thl Nortb ~ va flit of Lot l~. .acard1nl to the not of IILl.ntum Pnrk ar loynton Baaeh P 1. D Plat No, 2 as rlcoldld 11\ Plot 110010 H, Piles LB4 and 185, p..~lh Rocorda of ?BlII B..eh County Har1de .j ~ THIS IS NOT A SURVEY I .. LIDBERG LAND -~IJI SURVEYING. INC. I e.I' Wn~ hUU..luwn R.u_d, .5"'''i oWD.. JUI,ller. I=II1,h.. 3J4'. HII, 1111 94-479 fI,_ 4UI.74..~4~~ '(i. ""Tf' llIV"IO/lS 41,.. H.U.11. l'KU, D,C \, TlA'II! 11-1-94 REF D9~-4H PWU, A94-4H !lII IT 1 0' .:11 "-"~ ~.. ..11 U iii'll r nlIQI r- o -l J>" '0...........'" -,:2 ~......,.5iO ;~~~~ % 2~ ~~-i i~~il ~ ::: flI ~~ iii a:J .~.C!i;... ~ ~:wa-5 ~. ;;,;_llZ ~ ~ ~; 1;' ::z:: ~~)!B % ~'Z...! en ~R~i ~o \ \ \ <' \ ~ \ ~ \ ~ \ 'V \ / \ / \ lIltTI\ll.Y Lilli lot Il \".. / / \ \""- ~/ \ _\ - - - .... ~~ \ -----rif- --- ,iI \ - - - - \ \ I ~ \\\ \ '\1 , \ ' \ , I _ I, \ 1\ I ". '\' I I ~ :::t " ' \ II, "" . ,I' 2; \ III >- - \' ;;.J 11\ ~ ~ ' " ~~ \ 1\1 ~ I g I ,?N \ III ::: ~ ~i \\\' ~~ \ 'I CI __ ".~ 1\' ~ w ,I \ -= \ '\1 > ~ \t-kJ \ I " ~ ~ '\' \ '\' g 'i1, , I I\! 9 ~ IJI \ I ~ I \,/\,\1 \ ---I\~ I I \ I I I I 'I' ,I' \, I I l' .- ~ II I . ~1. '+- '! ),/ ~.... 1\1 ~.?,.a:t9:/] ........J...) ;' ~....... '\1 ~ \1t. ,~~.... I I ........:;-., 1\' ......;-.::;:; I' /~/.... ...._ I ~;::.... _---- 't---::..---- __ I i I I \ \ , u.. I "> I o -1 ,... t:.. )> ----- ---- <'0 ;...\ ~ ~ IJ r- o ~ --- QUAtHUM BL VO ~..- -- --'" -- ......../ ... ----- ----- ----- -- 60' 3d d 60' 12.0' DESCRIPTION SKETCH ~ I I' FOR: CATALFUMO MANAGEMENT AND INVESTMENT. INC. GRAPHIC SCA~E IN fEET TH I S IS NOT A SURVEY SCALE. I'. 60 IIATR Rtvnl()N' I lit LIDBERG LAND -"If' SURVEYING. INC 613 ~'" (lIdi.n"'"" lIo.d, Suill 200. i,"" Fl.';... UU' 407.746-.454 np. '''. 'N-SI8 Fl. rG. "" M,O. IIATI//,I.6..L/q. owt;.mif~5/!3 CKIl, D,C.L .~, D'llf. 15 .nET 1 OF Z MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 regulations that would apply to anything not addressed by this agreement. Paragraph 18 provides that all of the required construction Improvements and landscaplr'1g need to be bonded They need to provide 110 percent surety for all of those improvements, and they will be completed within a period of 21 months There was a prevIous nght-of-way licensing agreement which the parties are reratifylng. There was an error In the legal descnptlon A paragraph is Included In this agreement stating that the parties wll I correct that error In the legal description Paragraph 20 provides for enforcement and provides that the terms of the agreement are binding not only on Iv1r Scharlin, but on anyone who acquires any of the property Attorney Cherof advised that this agreement has his recommendation for approval as to legal content with respect to the development related zoning and planning Issues It represents a good compromise which IS In the best Interest of the City, the property owner, and the citizens in the area. Motion Mayor Pro Tem Matson moved to approve the Tradewinds settlement. Vice Mayor Bradley seconded the motion Commissioner Jaskiewicz said there are prohibited uses contained in the agreement which were not part of the onginal agreement. She will not support this agreement. The motion carried 4-1 (Commissioner Jaskiewicz cast the dissenting vote) Attorney Cherof advised that this was Proposed Resolution No R95-65 2 Proposed Resolution No. R95-81 Re: Abandonment of a 12' Wide drainage easement - Quantum Lots 13, 14 Attorney Cherof read Proposed Resolution No R95-81 by title only Motion Mayor Pro Tem Matson moved to approve Proposed Resolution No R95-81 Vice Mayor Bradlev seconded the motion which carned unanimously 3 Proposed Resolution No. R95-82 Re' Supporting and endorSing the 40 MINUTES - REGUlAR CITY C IISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 15, 1994 Tambri Heyden, Planning and Zoning Director, made e presentation. She advised that this application was submitted in connect' with a major site plan. The existing building is an office building and portion of the building will be used by a church. Because of a change i cupancy, the parking facility must meet current standards. The existing veway on Old Dixie Highway is for feet (401) less than the required st ard of 1801 This is a request relief from that requirement. The Planning and Development variance. rd unanimously recommended this SPEAK AT THE PUBLIC HEARING. Mayor Harmening pain overly burdened wit particular area. out that this portion of Old ie Highway has not been traffic and our requirement for. 80' is antiquated in this Motion Vice Mayor tson moved to approve the requ for relief from Article X - Parking Lo ,Section 5-142 (h) (3) - Dist ce from an intersection to a drive- way, lac ion Gulfstream Professiona Bui ing, southeast corner of Gulfstream Boulev and Old Dixie Highway. ro Tern Bradley seconded the motion, which arried unanimously. B. Project Name Agent Owner Location Description Quantum Lots 12, 13 and 14 Jeff Lis (Catalfumo) Quantum Associates West side of Quantum Boulevard, approximately 950 feet north of Gateway Boulevard ABANDONMENT: Request for abandonment of a twelve foot (12') wide drainage easement with the center being located at the property line of Quantum Park, Lots 13 and 14. Tambri Heyden, Planning and Zoning Director, made the presentation. The handout distributed this evening is a letter from the Quantum Property Owners' Associa- tion, Inc., dated November 14, 1994, confirming that they have no objection to the abandonment and relocation of the drainage easement running between Lots 13 and 14 in Quantum Park. Staff recommends approval of this request subject to installation of a new ease- ment for drainage. THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC HEARING. Motion Vice Mayor Matson moved to approve the request for abandonment of a twelve foot (12') wide drainage easement with the center being located at the property line of Quantum Park, Lots 13 and 14, project name Quantum Lots 12, 13 and 14, west side of Quantum Boulevard, approximately 950 feet north of Gateway Boulevard. Commissioner Katz seconded the motion, which carried unanimously. - 9 -