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
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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
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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
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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
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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.
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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
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iiOjipReY s. MOM8ACH
~:'~ Ice 104861
"t'~ "' ~ EXl'II\fS: Apd/ S 101lS
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ORB 8617 P9 1216
DOROTHY HI WILKEN, CLERK PB COUNTY, FL
Property AppraiUl'S PareelldenlllcaUOO (FoIoI Number(S):
EXlilBIT
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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
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THIS IS NOT A SURVEY
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.. LIDBERG LAND
-~IJI SURVEYING. INC.
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e.I' Wn~ hUU..luwn R.u_d, .5"'''i oWD.. JUI,ller. I=II1,h.. 3J4'.
HII, 1111 94-479 fI,_
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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
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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.
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