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LEGAL APPROVAL .. t J MEMORANDUM NO 174 November 21, 1990 RE Tambri Heyden, Assistant City Planner Jim Cherof, City Attorne~~ Quantum Park - Termination of City Easements as to Old High Ridge Road TO FROM Attached is a copy of the recorded Termination of Easements by the City of Boynton beach, which was recorded in 0 R B 6610, page 1863, in the Public Records of Palm Beach County for your information JAC/ras Encs ltbCElVED liOV 26 19I) PLANNING DEPT. - - LAW OF"F"ICES MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P.A. THOMAS M BEASON PETER L. BRETON ROBERT BRODY GREGORY C. COOK E. COL..E FITZGERALD. II[ .JOHN F' F"L........IGAN .......CREw F"UI...TON. Dr MVRA GENOEL. ""A.NCY MALLEY GR.AH,4,'" WINSLOW O. MAWKES, m LYNN G. HAWKINS MARTIN V KATZ WIL.LIAM So KING RONA~O K. KO~'NS STEVEN 1/1... MAYA.NS BARNETT CENTRE 9T" F"LOOR 625 NORTH F"LAGLER DR'VE POST OF"F"ICE BOX 3888 WEST PALM BEACH, FLORIDA 33402 TE~EPHONE (407) 659 7500 F"ACStMILE (407) 659 1789 TALLAHASSEE OF"neE TELEPHONE (904) 681 3828 F"ACS'M'LE (904) 681 8788 LlNO.. R. McCANN ANOREW ..J. ....C.....AHON \..ISA. A. ....IL\.ER ..JON C. MOYL.E ..JODY H. OLIVER DAVIO S. PRESSLY PATRICK E. OUINLAN ""'ARK E. RAYMOND THOMAS A. SHEEHAN,.m DONNA H. STINSON MARTA M. SUAREZ MURIAS SAMUEL A. THOM....S WILTON L.. WHITE THOMAS L. YOSET ..JOEL H. YUOENF'"REUND STUART OF"F"ICE TELEPHONE (407) 288 1144 F"ACS'M'LE (407) 288 '499 October 26, 1990 Steven W Deutsch, Esquire Deutsch/Ireland Properties Quantum Corporate Park The 110 Tower - 21st Floor 110 Southeast Sixth Street Ft Lauderdale, Florida 33301-3415 Re Quantum Park Termination of City Easements as to Old High Ridge Road Dear Steve Enclosed please Easements by the City Book 6610, Page 1863, find a copy of the recorded Termination of Boynton Beach, which was recorded in 0 in the Public Records of Palm Beach County of R Sincerely, ~ David S Pressly DSP/car Enclosure cc James A Cherof, Esquire with copy of enclosure 9818Z RETURN TO MOYLE, FLANIGAN, KATZ, / FITZGERALD & SHEEHAN, P A ~ DAVID S PRESSLY, ESQ POBOX 3888 WEST PALM BEACH, FL 33402 OCT-15-1990 03:56pm 90-295~51 ORE 6610 Ps 1863 PREPARED BY 110YLE, FLANGIAN, KATZ, FITZGERALD & SHEEHAN, P A DAVID S PRESSLY, ESQ POBOX 3888 WEST PALM BEACH, FL 33402 [Space above this line for recording data.l 073090-3 3156P TERMINATION OF EASEMENTS THIS TERMINATION OF EASEMENTS is made this /tJT/t day of tJe(7)13&L 1990, by the CITY OF BOYNTON BEACH, FLORIDA, a Florida Municipal Corporation (the "City") WHEREAS, that certain temporary easement ("Easement-I") was entered into the 26th day of March, 1987 between Quantum Associates and the City, recorded in Official Records Book 5238, Page 1491, in the Public Records of Palm Beach County, for purposes of maintaining an existing roadway for access, ingress and egress as a public thoroughfare over and upon the property described in Exhibit "A" annexed hereto, and, WHEREAS, that certain temporary easement ("Easement-2") was entered into the 26th day of March, 1987 between Quantum Associates and the City, recorded in Official Records Book 5238, Page 1496, in the Public Records of Palm Beach County, for purposes of maintaining an existing roadway for access, ingress and egress as a public thoroughfare over and upon the property described in Exhibit "B" annexed hereto, and, WHEREAS, Easement-1 and collectively referred to as the Easement-2 "Easements", shall and, hereinafter be WHEREAS, the Easements are to be terminated and released upon certain events being accomplished, and which events have In fact been accomplished NOW THEREFOR, for good and valuable considerations, receipt of which is hereby acknowledged, the City hereby terminates and releases the Easements, and said Easements shall have no further force or effect IN WITNESS WHEREOF, the Ci ty has hereunto set its hand and ORB 6610?g 1 e..64 seal as of the day and year first above written Signed, sealed and delivered in the presence of CITY OF Florida , FLORIDA, a orporation ~~ By , tl lilt I I ",,\ ,'" ~ ",'. ~'ATTE~..'r..... .j I' ~r ~.=... il.:/."l~~ :: I .. . ",<I. .. : '/XAC.~~. : o~IT g.ERK? \--'. = \,..' . 0 "U-,_: = _0 ~. o.:.;J_ ~ :::J ~ SEA c :.'): ~' ~ ":.-:7- "."'C:::., -:. ~- .. '> " .:' -:.. -. \)'"".,.,.- <::) ... '" _. ._ _, lilt ,~ .. ., .. ~ ..' "II f~'t! -=\ ~ ....... ~~~ Or~X~ORIDA ) coq,N H~F PALM BEACH ) " ~ot'ary",,-S.ea 1) , . - .:- ( . ~ c; ..... ......~~---. t~:r"- . -- -; ~ ~:: ...O'Y r\'-; ".\4. ~ = i...:.J: "\. ::: =~: = .. -~:: C ..' r\. - ~ !\ w PU3'-' ..,,;: ~..... (J)\ I, ... ," r_ .f '1,.. '~..l'l \ 0 "....... (F.. C - c: V' ,- II ... J i~ \\\" )1 \\ ",\ The foregoing instrument was acknowledged before me this 10th day of OCTOBER , 1990, by GENE MOORE , as Mayor of the Ci ty of Boynton Beach, Florida, a Florida Municipal g~~~oration, on behalf of the CitY~iSSion~~:~;; :he ~b:(iC My Commission Expires - - No"TY Public. State of Florida My Co~mi.::"n [xr:ir~ JI:"& 28, 1994 Ionded Th,1oI Troy ~oin IMlirontt In/;. \\ It II -2- 3l56P ORe 661 0 pg 186 c::;: 073090-3 3156P/3 EXHIBIT "A" TO TERMINATION OF EASEMENTS The West 40 feet of the Southwest One Quarter (SW 1/4) of the Northwest One Quarter (NW 1/4) of Section 16, Township 45 South, Range 43 East, Palm Beach County, Florida, LESS the right-of-way for NW 22nd Avenue TOGETHER with that part of said Southwest One Quarter (SW 1/4) of the Northwest One Quarter (NW 1/4) of Section 16, lying Southwest of the chord of a curve having a radius of 25 feet, said curve being tangent on the West to a line 40 feet East of, as measured at right angles to and parallel to the West line of the Northwest One Quarter (NW 1/4) of said Section 16, and tangent on the South to the North right-of-way line of NW 22nd Avenue The East 40 feet of that part of Government Lot I lying in Southeast One Quarter of the Northeast One Quarter of Section 17, Township 45 South, Range 43 East, Palm Beach County, Florida, less the right of way of NW 22nd Avenue and also the right of way of 1-95 TOGETHER WITH that part of said Government Lot 1 lying Southeast of the chord of a curve having a radius of 25 feet, said curve being tangent on the East to a line 40 feet West of, as measured at right angles to and parallel with the East line of said Government Lot 1, and tangent on the South to the North right of way line of NW 22nd Avenue OP.P 6610 P9 1866 073090-3 3l56P/4 EXHIBIT "B" TO TERMINATION OF EASEMENTS All of High Ridge Road lying South of NW 22nd Avenue as depicted in Road Plat Book 6, Pages 151 through 154 of the Public Records of Palm Beach County, Florida RECORD VERIFIED PALM BEACH COUNTY FLA. JOHN 9 DUNKLE CLERK CIRCUIT COURT PLANNING DEPT MEMORANDUM NO. 90-315 TO. Jim Cherof, City Attorney FROM Tambri J Heyden, Interim Planning Director DATE October 18, 1990 SUBJECT: Quantum Park - Termination of City's Temporary Easement In response to your Memorandum No. 127, dated October 5, 1990, concerning the above-referenced subject, I have no comments. TJH frb C:PM90-31S \ # , ~ MEMORANDUM NO 127 October 5, 1990 TO Tambri Hayden, Assistant city Planner FROM Jim Cherof, City Attorney RE Quantum Park - Termination of City's Temporary Easement Attached is a letter I received from David Pressly, attorney for Quantum Park, enclosing a Termination of Easements and two Ingress/Egress Easement Agreements Would you please review the same at your earliest opportunity and let me have your comments JAC/r Enc ..L... '-. --.J' ,< \,'1 ..~ '7' LAW OFFICES MOYLE, FLANIGAN, KA.TZ, FITZGERALD & SHEEHAN, P.A. THOMAS M BEASON PETER L. BRETON ROBERT BRODY GREGORy 0 COOK E- COLE FITZGERALD. m .JOHN F" F'LANIG,AN ANDREW FULTON,Dr MYRA GENOEL NANCY MALLEY GRAHAM WINSLOW D. HAWKES..m LYNN G. HAWKINS MARTIN V KATZ WILLIAM B. KING RONALD K. KOLlNS STEVEN A. MAYAN5 BARNETT CENTRE 9T~ FLOOR 625 NORTH FLAGLER DRIVE POST OFFICE BOX 3888 WEST PALM BEACH, FLORIDA 33402 TELEPHONE (407) 659 7500 FACSIMILE (407) 659 1789 STUART OFFICE TELEPHONE (407) 288 1144 FACSIMILE (407) 288 1499 LINDA R. McANN ANDREW .,J. MCMAHON LISA A. MILLER ..JON C- MOYLE .;00"1" H OLIVER DAVID S PRESSLY PATRICK E. OUINLAN MARK E. RAYMOND THOMAS A. SHEEHAN..II( DONNA H STINSON MAFlTA M SUAFlEZ MUFlIAS SAMUEL A. THOMAS WILTON L. WHITE THOMAS L. YOSET .JOEL H. YUDENFFlEUND TALLAHASSEE OFFICE TELEPHONE (904) 681 3828 FACSIMILE (904) 681 8788 September 12, 199~EC '.n' .......11 ~ James A Cherof, Esquire 100 East Boynton Beach Blvd Boynton Beach, Florida 33435 SEP 14 1990 CIN ATTORNi;Y ~ J J V Re Quantum Park - Termination of City's Temporary Easements Dear Mr Cherof Please be advised that I represent the interests of Quantum Associates in regards to Quantum Park at Boynton Beach This letter pertains to the City's temporary easements over the "old" High Ridge Road, which are recorded in 0 R Book 5238, Page 1491 and 0 R Book 5238, Page 1496, in the Public Records of Palm Beach County (copies enclosed) As you will note in your review of the enclosed Easements, the subject Easements were to be temporary easemen ts for the Ci ty un t i 1 such time as constr uct ion of the "new" High Ridge Road was completed At this point in time, construction of the "new" High Ridge Road has been completed, and, accordingly, I have enclosed a proposed Termination of Easements to be executed by the City I would appreciate it if you would review the enclosed Termination ..; of Easements, and let me know if it is acceptable If so, please return the original, fully executed Termination of Easements to me for recording in the Public Records of Palm Beach County As an aside, you will note that one of the Easements requires that alternate legal access for ingress and egress be provided with respect to those properties requiring such access For purposes of satisfying this requirement, Quantum Associates 1 K~ : (~\; - \.; :\ -..>>- .U ... ,J.... "t;"'" J \, ~'-- ..y'" ~ v<.,y"..i"~ ~ I "_~ ,,- f \. ./ ~ -'"' - '-.y''- s..;. James A Cherof, Esquire september 12, 1990 Page -2- (through the POA operating Quantum Ingress/Egress Easement to Curt G Harriet Gould, respectively Such enclosed, have been approved by the Thank you for your c operation J ....j..- 7 \.1'" i /'1, \. l III ,,' \t ( "' j . +."1 I f\~) DSP/car Enclosures J [\ t\"'-o t ,J ,c ,~ l- cc Steven W Deutsch, Esquire 3552P Park) is prepared to provide an Joa, Inc , and to George J and Easements, copies of which are respective parties thereto Sincerely, ')>~7~ David S Pressly RETURN TO MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P A DAVID S PRESSLY, ESQ POBOX 3888 WEST PALM BEACH, FL 33402 PREPARED BY MOYLE, FLANGIAN, KATZ, FITZGERALD & SHEEHAN, P A DAVID S PRESSLY, ESQ POBOX 3888 WEST PALM BEACH, FL 33402 rSpace above this line for recording data.l 073090-3 3156P TERMINATION OF EASEMENTS THIS TERMINATION OF EASEMENTS is made this day of 1990, by the CITY OF BOYNTON BEACH, FLORIDA, a Florida Municipal Corporation (the "City") WHEREAS, that certain temporary easement ("Easement-I") was entered into the 26th day of March, 1987 between Quantum Associates and the City, recorded in Official Records Book 5238, Page 1491, in the Public Records of Palm Beach County, for purposes of maintaining an existing roadway for access, ingress and egress as a public thoroughfare over and upon the property described in Exhibit "A" annexed hereto, and, WHEREAS, that certain temporary easement ("Easement-2") was entered into the 26th day of March, 1987 between Quantum Associates and the City, recorded in Official Records Book 5238, Page 1496, in the Public Records of Palm Beach County, for purposes of maintaining an existing roadway for access, ingress and egress as a public thoroughfare over and upon the property described in Exhibit "B" annexed hereto, and, WHEREAS, Easement-l and Easement-2 shall hereinafter be collectively referred to as the "Easements", and, WHEREAS, the Easements are to be terminated and released upon certain events being accomplished, and which events have in fact been accomplished NOW THEREFOR, for good and valuable considerations, receipt of which is hereby acknowledged, the City hereby terminates and releases the Easements, and said Easements shall have no further force or effect IN WITNESS WHEREOF, the Ci ty has hereunto set its hand and seal as of the day and year first above written Signed, sealed and delivered in the presence of CITY OF BOYNTON BEACH, FLORIDA, a Florida Municipal Corporation By ITS CITY COMMISSION By Its Mayor ATTEST CITY CLERK (SEAL) STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 1990, by , as Mayor of the City of Boynton Beach, Florida, a Florida Municipal Corporation, on behalf of the City Commission and on behalf of the City Notary Public My Commission Expires (Notary Seal) -2- 3l56P 073090-3 3156P/3 EXHIBIT "A" TO TERMINATION OF EASEMENTS The West 40 feet of the Southwest One Quarter (SW 1/4) of the Northwest One Quarter (NW 1/4) of Section 16, Township 45 South, Range 43 East, Palm Beach County, Florida, LESS the right-of-way for NW 22nd Avenue TOGETHER with that part of said Southwest One Quarter (SW 1/4) of the Northwest One Quarter (NW 1/4) of Section 16, lying Southwest of the chord of a curve having a radius of 25 feet, said curve being tangent on the West to a line 40 feet East of, as measured at right angles to and parallel to the West line of the Northwest One Quarter (NW 1/4) of said Section 16, and tangent on the South to the North right-of-way line of NW 22nd Avenue The East 40 feet of that part of Government Lot 1 lying in Southeast One Quarter of the Northeast One Quarter of Section 17, Township 45 South, Range 43 East, Palm Beach County, Florida, less the right of way of NW 22nd Avenue and also the right of way of 1-95 TOGETHER WITH that part of said Government Lot 1 lying Southeast of the chord of a curve having a radius of 25 feet, said curve being tangent on the East to a line 40 feet West of, as measured at right angles to and parallel with the East line of said Government Lot 1, and tangent on the South to the North right of way line of NW 22nd Avenue 073090-3 3l56P/4 EXHIBIT "B" TO TERMINATION OF EASEMENTS All of High Ridge Road lying South of NW 22nd Avenue as depicted in Road Plat Book 6, Pages 151 through 154 of the Public Records of Palm Beach County, Florida RETURN TO Moyle, Flanigan, Katz, FitzGerald & Sheehan, P A David S Pressly, Esg POBox 3888 West Palm Beach, FL 33402 PREPARED BY Moyle, Flanigan, Katz, FitzGerald & Sheehan, P A David S Pressly, Esg POBox 3888 West Palm Beach, FL 33402 ~~ ~"- .- - I' -JP.,. ~~/ [Space above this line for recording data.l 082490-6 3l91P INGRESS/EGRESS EASEMENT AGREEMENT THIS INGRESS/EGRESS EASEMENT AGREEMENT is made this day of 1990, by and between QUANTUM PARK PROPERTY OWNERS' ASSOCIATION, INC , a Florida Non-Profit Corporation ("Grantor"), and GEORGE J GOULD and HARRIET GOULD, his wife, (co llect i vely "Grantee"), whose address 1 s 11488 Victor i a Ci rcle, Boynton Beach, Florida 33437 WITNESSETH WHEREAS, Grantor is the fee simple owner of that certain property described in Exhibit "A" annexed hereto ("Easement Property"), and, WHEREAS, Grantee is the fee simple owner of that certain property described in Exhibit "B" annexed hereto ("Grantee's Property"), and, WHEREAS, Grantee has requested an easement for ingress and egress over and upon the Easement Property NOW THEREFORE, for good and valuable consideration paid by Grantee to Grantor, receipt of which is hereby acknowledged, Grantor hereby grants and conveys to Grantee, their heirs and assigns forever, a perpetual, non-exclusive easement for ingress and egress over and upon the Easement Property This easement shall run with the Easement Property and the Grantee's Property, shall be binding upon the owner of the Easement Property, and its successors and assigns, and shall inure to the benefit of the owner of the Grantee's Property, and their heirs and assigns The Easement Property consists solely of certain existing roadways running through that certain development known as Quantum Park at Boynton Beach Grantor expressly reserves the right, in its sole and absolute discretion, to reallign, modify, and/or close said roadways from time to time, provided that Grantee shall at all times have access to and from N W 22d Avenue In the event that Grantor realligns, modifies, and/or closes said roadways, Grantee (their heirs and assigns) expressly agrees to join in any amendment to this instrument deemed neccessary by Grantor for purposes of revising the description of the Easement Property, provided that Grantee shall at all times have access to and from N W 22d Avenue IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly signed and sealed in the manner set forth below QUANTUM PARK PROPERTY OWNERS' ASSOCIATION, INC , a Florida Non-Profit Corporation WITNESSES By As to Quantum Park Property Owners' Association, Inc Its President (Corporate Seal) As to both George J Gould and Harriet Gould GEORGE J GOULD As to both George J Gould and Harriet Gould HARRIET GOULD STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this day of 1990, by Edward B Deutsch, as President of Quantum Park Property Owners' Association, Inc, a Florida Non-Profit Corporation, on behalf of the Corporation Notary Public (NOTARY SEAL) My Commission Expires -2- 3191P STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this ____ day of , 1990, by GEORGE J GOULD and HARRIET GOULD Notary Public (NOTARY SEAL) My Commission Expires -3- 3191P 082490-6 3191P/4 EXHIBIT "A" TO INGRESS/EGRESS EASEMENT AGREEMENT Easement Property Tract "G" (High Ridge Tr act "F" (pa rk Ridge Beach, P I 0 Plat No in Plat Book 57, Pages Palm Beach County Road), Tract "Y" (High Ridge Road), and Boulevard), of Quantum Park at Boynton 4, according to the Plat thereof recorded 186 through 188, in the Public Records of and Tract "C" (High Ridge Road), P I 0 Plat No 5, according Book 57, Pages 189 and 190, County of Quantum Park at Boynton Beach, to the Plat thereof recorded in Plat in the Public Records of Palm Beach and Tract "C" (High Ridge Road), of Quantum Park at Boynton Beach, P I 0 Plat No 6, according to the Plat thereof recorded in Plat Book 57, Pages 191 through 193, in the Public Records of Palm Beach County and A parcel of land lying in Section 21, Township 45 South, Range 43 East, County of Palm Beach, State of Florida, being more particularly described as follows The West 40 00 feet of the Northwest one-quarter (NW 1/4) of said Section 21, bounded as follows On the North By a line 567 37' (as measured at right angles to) and parallel with the existing north right-of-way line of the Boynton Canal, C-16, as said right-of-way line is described in Deed recorded in Official Records Book 1064, page 45 of the Public Record of said County, On the South By a line 421 37' North of angles to) and parallel with the North Boynton Canal, C-16, (as measured at right-of-way of right said On the East By a line 40 00' East of angles to) and parallel with the West one-quarter (NW 1/4) of said Section 21 (as line measured of the at right Northwest It is intended that the North line, the East line and the South line of this parcel be a common line respectively to 1 The Westerly extension of the South line of that certain parcel quit claimed as Parcel "A" to Quantum Associates and described in Deed recorded in 0 R B 5139, page 147 and 2 The West line and the Westerly extension of the South line of that certain parcel conveyed to Nat Gould and described in Deed recorded in 0 R B 2850, page 1598 and A parcel of land lying in Section 21, Township 45 South, Range 43 East, County of Palm Beach, State of Florida, being more particularly described as follows PAGE 1 OF 2 082490-6 3191P/5 The West 40 00 feet of the Northwest one-quarter (NW 1/4) of said Section 21, bounded as follows On the North By a line 421 37' (as measured at right angles to) and parallel with the existing North right-of-way line of the Boynton Canal, C-16, as said right-of-way line is described in Deed recorded in Official Records Book 1064, page 45 of the Public Record of said County, On the South By a line 367 49' North of angles to) and parallel with the North Boynton Canal, C-16, (as measured at right right-of-way of said On the East By a line 40 00' East of (as measured at right angles to) and parallel with the West line of the Northwest one- quarter (NW 1/4) of said Section 21 It is intended that the North line, the East line and the South line of this parcel be a common line respectively to The Westerly extension of the North line, the West Line, and the Westerly extension of the South line of that certain parcel conveyed to George J and Harriet Gould and described as Parcel "B" in Deed recorded in Official Record Book 5139, page 0153 and A Parcel of land lying in Section 21, Township 45 South, Range 43 East, County of Palm Beach, State of Florida and more particularly described as follows The West 40 00 feet of the Northwest one-quarter (NW 1/4) of said Section 21, lying north of the North right-of-way line of the Boynton Canal (a perpetual easement) acquired by the Central and Southern Flood Control District as recorded in Official Records Book 1064, Page 45 of the Public Records of said County, and South of a 1 ine 367 49 feet North of (as measured at right ang les to) the said North right-of-way line, said line also being the North line of that certain parcel conveyed to Curt G Joa-Inc as described in a Deed recorded in Official Records Book 1711, Page 371 of the Public Records of said County PAGE 2 OF 2 082490-6 3191P/6 EXHIBIT "B" TO INGRESS/EGRESS EASEMENT AGREEMENT Grantee's Property The Grantee's Property consists of the following 2 parcels 1 A Parcel of land being a portion of the NW 1/4 of the NW 1/4 of Section 21, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows Begin at a point 40 00 feet East of the West line of said Section 21, the same being on the East right-of-way line of High Ridge Road and 422 00 feet North, measured at right angles to the North right-of-way line of Boynton Canal C-16, said point being 898 18 feet South of the North line of said Section 21, measured along said East right-of-way line of High Ridge Road, thence S 88050' 04" E along a lien parallel to the said North right-of-way line of Boynton Canal C-16 for 218 00 feet, thence N 0049'21" W along a line parallel to the said West line of Section 21 for 200 00 feet, thence N 88050'04" W for 218 00 feet, thence S 0049'21" E along the said East right-of-way line of High Ridge Road for 200 00 feet to the Point of Beginning, LESS AND EXCEPT a parcel of land lying in Section 21, Township 45 South, Range 43 East, County of Palm Beach, State of Florida, being more particularly described as follows The West 40 00 feet of the Northwest one-quarter (NW 1/4) of said Section 21, bounded as follows On the North By a line 567 37' (as measured at right angles to) and parallel with the existing north right-of-way line of the Boynton Canal, C-16, as said right-of-way line is described in Deed recorded in Official Records Book 1064, page 45 of the Public Record of said County, On the South By a line 421 37' North of angles to) and parallel with the North Boynton Canal, C-16, (as measured at right right-of-way of said On the East By a line 40 00' East of angles to) and parallel with the West one-quarter (NW 1/4) of said Section 21 (as line measured of the at right Northwest It is intended that the North line, the East line and the South line of this excepted parcel be a common line respectively to a The Westerly extension of the South line of that certain parcel qui t claimed as Parcel "A" to Quantum Associates and described in Deed recorded in 0 R B 5139, page 147 and b The West line and the Westerly extension of the South line of that certain parcel conveyed to Nat Gould and described in Deed recorded in 0 R B 2850, page 1598 AND 2 A parcel of land lying in Section 21, Township 45 South, Range 43 East, County of Palm Beach, State of Florida and more particularly described as follows Commencing at the Northwest corner of said Section 21, thence, South 00048'02" East along the West line of said Section 21 a distance of 951 71 feet to a point on the North line of that certain parcel conveyed to Curt G Joa, Inc , as described in deed recorded in Official Record Book 1711, Page 371 of the Public Records of said county dated the 24th day of March, PAGE 1 OF 2 082490-6 3l91P/7 1969, thence, South 88049' 08" East along said North line a distance of 40 02 feet to the East right-of-way line of High Ridge Road and the Point of Beginning, thence, continuing along said North line South 88049'08" East a distance of 218 00 feet, thence, North 00048' 02" West a distance of 53 91 feet to the South line of that certain parcel conveyed to Nat Gould and Libby Gould as described in deed recorded 1n Official Record Book 2850, Page 1598 of the Public Records of said county and dated the 28th day of April, 1978, thence, North 88049'08" West along said South line a distance of 218 00 feet to said East right-of-way line, thence, South 00048'02" East along said East right-of-way line a distance of 53 91 feet to the Point of Beginning, LESS AND EXCEPT a parcel of land lying in Section 21, Township 45 South, Range 43 East, County of Palm Beach, State of Florida, being more particularly described as follows The West 40 00 feet of the Northwest one-quarter (NW 1/4) of said Section 21, bounded as follows On the North By a line 421 37' (as measured at right angles to) and parallel with the existing North right-of-way line of the Boynton Canal, C-16, as said right-of-way line is described in Deed recorded in Official Records Book 1064, page 45 of the Public Record of said County, On the South By a line 367 49' North of angles to) and parallel with the North Boynton Canal, C-16, (as measured at right right-of-way of said On the East By a line 40 00' East of (as measured at right angles to) and parallel with the West line of the Northwest one- quarter (NW 1/4) of said Section 21 It is intended that the North line, the East line and the South line of this excepted parcel be a common line respectively to The Westerly extension of the North line, the West Line, and the Westerly extension of the South line of that certain parcel conveyed to George J and Harriet Gould and described as Parcel "B" in Deed recorded in Official Record Book 5139, page 0153 PAGE 2 OF 2 RETURN TO Moyle, Flanigan, Katz, FitzGerald & Sheehan, P A David S Pressly, Esq POBox 3888 West Palm Beach, FL 33402 PREPARED BY Moyle, Flanigan, Katz, FitzGerald & Sheehan, P A David S Pressly, Esq POBox 3888 West Palm Beach, FL 33402 ~~ ~"-.- - /' -))7' ~~/ rSpace above this line for recording data.l 082490-6 319lP INGRESS/EGRESS EASEMENT AGREEMENT THIS INGRESS/EGRESS EASEMENT AGREEMENT is made this day of 1990, by and between QUANTUM PARK PROPERTY OWNERS' ASSOCIATION, INC , a Florida Non-Profit Corporation ("Grantor"), and GEORGE J GOULD and HARRIET GOULD, his wife, (collectively "Grantee"), whose address is 11488 Victoria Circle, Boynton Beach, Florida 33437 WITNESSETH WHEREAS, Grantor is the fee simple owner of that certain property described In Exhibi t "A" annexed hereto ("Easement Property"), and, WHEREAS, Grantee is the fee simple owner of that certain property described in Exhibit "B" annexed hereto ("Grantee's Property"), and, WHEREAS, Grantee has requested an easement for ingress and egress over and upon the Easement Property NOW THEREFORE, for good and valuable consideration paid by Grantee to Grantor, receipt of which is hereby acknowledged, Grantor hereby grants and conveys to Grantee, their heirs and assigns forever, a perpetual, non-exclusive easement for ingress and egress over and upon the Easement Property This easement shall run with the Easement Property and the Grantee's Property, shall be binding upon the owner of the Easement Property, and its successors and ass igns, and sha 11 inure to the benefit of the owner of the Grantee's Property, and their heirs and assigns The Easement Property consists solely of certain existing roadways running through that certain development known as Quantum Park at Boynton Beach Grantor expressly reserves the right, in its sole and absolute discretion, to reallign, modify, and/or close said roadways from time to time, provided that Grantee shall at all times have access to and from N W 22d Avenue In the event that Grantor realligns, modifies, and/or closes said roadways, Grantee (thelr heirs and assigns) expressly agrees to join in any amendment to this instrument deemed neccessary by Grantor for purposes of revising the description of the Easement Property, provided that Grantee shall at all times have access to and from N W 22d Avenue IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly signed and sealed in the manner set forth below WITNESSES QUANTUM PARK PROPERTY OWNERS' ASSOCIATION, INC , a Florida Non-Profit Corporation By As to Quantum Park Property Owners' Association, Inc Its President (Corporate Seal) As to both George J Gould and Harriet Gould GEORGE J GOULD As to both George J Gould and Harriet Gould HARRIET GOULD STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this day of 1990, by Edward B Deutsch, as President of Quantum Park Property Owners' Association, Inc, a Florida Non-Profit Corporation, on behalf of the Corporation Notary Public (NOTARY SEAL) My Commission Expires -2- 3191P STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this ---- day of , 1990, by GEORGE J GOULD and HARRIET GOULD Notary Public (NOTARY SEAL) My Commission Expires -3- 3l91P 082490-6 3191P/4 EXHIBIT "A" TO INGRESS/EGRESS EASEMENT AGREEMENT Easement Property Tract "G" (High Ridge Tract "F" (Park Ridge Beach, P I 0 Plat No in Plat Book 57, Pages Palm Beach County Road), Tract "Y" (High Ridge Road), and Boulevard), of Quantum Park at Boynton 4, according to the Plat thereof recorded 186 through 188, in the Public Records of and Tract "C" (High Ridge Road), of Quantum Park at Boynton Beach, P I 0 Plat No 5, according to the Plat thereof recorded in Plat Book 57, Pages 189 and 190, in the Public Records of Palm Beach County and Tract "C" (High Ridge Road), of Quantum Park at Boynton Beach, P I D Plat No 6, according to the Plat thereof recorded ln Plat Book 57, Pages 191 through 193, in the Public Records of Palm Beach County and A parcel of land lying in Section 21, Township 45 South, Range 43 East, County of Palm Beach, State of Florida, being more particularly described as follows The West 40 00 feet of the Northwest one-quarter (NW 1/4) of said Section 21, bounded as follows On the North By a line 56737' (as measured at right angles to) and parallel with the existing north right-of-way line of the Boynton Canal, C-16, as said right-of-way line is described in Deed recorded in Official Records Book 1064, page 45 of the PubllC Record of said County, On the South By a line 421 37' North of angles to) and parallel with the North Boynton Canal, C-16, (as measured at right right-of-way of sald On the East By a line 40 00' East of angles to) and parallel with the West one-quarter (NW 1/4) of said Section 21 (as line measured of the at right Northwest It is intended that the North line, the East line and the South line of this parcel be a common line respectively to 1 The Westerly extension of the South line of that certain parcel quit claimed as Parcel "A" to Quantum Associates and described in Deed recorded in 0 R B 5139, page 147 and 2 The West line and the Westerly extension of the South line of that certain parcel conveyed to Nat Gould and described in Deed recorded in 0 R B 2850, page 1598 and A parcel of land lying in Section 21, Township 45 South, Range 43 East, County of Palm Beach, State of Florida, being more particularly described as follows PAGE 1 OF 2 082490-6 3191P/5 The West 40 00 feet of the Northwest one-quarter (NW 1/4) of said Section 21, bounded as follows On the North By a line 421 37' (as measured at right angles to) and parallel with the existing North right-of-way line of the Boynton Canal, C-16, as said right-of-way line is described in Deed recorded in Official Records Book 1064, page 45 of the Public Record of said County, On the South By a line 367 49' North of angles to) and parallel with the North Boynton Canal, C-16, (as measured at right right-of-way of said On the East By a line 40 00' East of (as measured at right angles to) and parallel wi th the West line of the Northwest one- quarter (NW 1/4) of said Section 21 It is intended that the North line, the East line and the South line of this parcel be a common line respectively to The Westerly extension of the North line, the West Line, and the Westerly extension of the South line of that certain parcel conveyed to George J and Harriet Gould and described as Parcel "B" in Deed recorded in Official Record Book 5139, page 0153 and A Parcel of land lying in Section 21, Township 45 South, Range 43 East, County of Palm Beach, State of Florida and more particularly described as follows The West 40 00 feet of the Northwest one-quarter (NW 1/4) of said Section 21, lying north of the North right-of-way line of the Boynton Canal (a perpetual easement) acquired by the Central and Southern Flood Control District as recorded in Official Records Book 1064, Page 45 of the Public Records of said County, and South of a line 367 49 feet North of (as measured at right angles to) the said North right-of-way line, said line also being the North line of that certain parcel conveyed to Curt G Joa-Inc as described in a Deed recorded in Official Records Book 1711, Page 371 of the Public Records of said County PAGE 2 OF 2 082490-6 3191P/6 EXHIBIT "B" TO INGRESS/EGRESS EASEMENT AGREEMENT Grantee's Pro?erty The Grantee's Property consists of the following 2 parcels 1 A Parcel of land being a portion of the NW 1/4 of the NW 1/4 of Section 21, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows Begin at a point 40 00 feet East of the West line of said Section 21, the same being on the East right-of-way line of High Ridge Road and 422 00 feet North, measured at right angles to the North right-of-way line of Boynton Canal C-16, said point being 898 18 feet South of the North line of said Section 21, measured along said East right-of-way line of High Ridge Road, thence S 88050'04" E along a lien parallel to the said North right-of-way line of Boynton Canal C-16 for 218 00 feet, thence N 0049'21" W along a line parallel to the said West line of Section 21 for 200 00 feet, thence N 88050'04" W for 218 00 feet, thence S 0049'21" E along the said East right-of-way line of High Ridge Road for 200 00 feet to the Point of Beginning, LESS AND EXCEPT a parcel of land lying in Section 21, Township 45 South, Range 43 East, County of Palm Beach, State of Florida, being more particularly described as follows The West 40 00 feet of the Northwest one-quarter (NW 1/4) of sald Section 21, bounded as follows On the North By a line 567 37' (as measured at right angles to) and parallel with the existing north right-of-way line of the Boynton Canal, C-16, as said right-of-way line is described in Deed recorded in Official Records Book 1064, page 45 of the Public Record of said County, On the South By a line 421 37' North of angles to) and parallel with the North Boynton Canal, C-16, (as measured at right right-of-way of said On the East By a line 40 00' East of angles to) and parallel with the West one-quarter (NW 1/4) of said Section 21 (as line measured of the at right Northwest It is intended that the North line, the East line and the South line of this excepted parcel be a common line respectively to a The Westerly extension of the South line of that certain parcel quit claimed as Parcel "A" to Quantum Associates and described in Deed recorded in 0 R B 5139, page 147 and b The West line and the Westerly extension of the South line of that certain parcel conveyed to Nat Gould and described in Deed recorded in 0 R B 2850, page 1598 AND 2 A parcel of land lying in Section 21, Township 45 South, Range 43 East, County of Palm Beach, State of Florida and more particularly described as follows Commencing at the Northwest corner of said Section 21, thence, South 00048'02" East along the West line of said Section 21 a distance of 951 71 feet to a point on the North line of that certain parcel conveyed to Curt G Joa, Inc , as described in deed recorded in Official Record Book 1711, Page 371 of the Public Records of said county dated the 24th day of March, PAGE 1 OF 2 082490-6 3191P/7 1969, thence, South 88049' 08" East along said North line a distance of 40 02 feet to the East right-of-way line of High Ridge Road and the Point of Beginning, thence, continuing along said North line South 88049'08" East a distance of 218 00 feet, thence, North 00048'02" West a distance of 53 91 feet to the South line of that certain parcel conveyed to Nat Gould and Libby Gould as described in deed recorded in Official Record Book 2850, Page 1598 of the Public Records of said county and dated the 28th day of April, 1978, thence, North 88049'08" West along said South line a distance of 218 00 feet to said East right-of-way line, thence, South 00048'02" East along said East right-of-way line a distance of 53 91 feet to the Point of Beginning, LESS AND EXCEPT a parcel of land lying in Section 21, Township 45 South, Range 43 East, County of Palm Beach, State of Florida, being more particularly described as follows The West 40 00 feet of the Northwest one-quarter (NW 1/4) of said Section 21, bounded as follows On the North By a line 421 37' (as measured at right angles to) and parallel with the existing North right-of-way line of the Boynton Canal, C-16, as said right-of-way line is described in Deed recorded in Official Records Book 1064, page 45 of the Public Record of said County, On the South By a line 367 49' North of (as measured at right angles to) and parallel with the North right-of-way of said Boynton Canal, C-16, On the East By a line 40 00' East of (as measured at right angles to) and parallel with the West line of the Northwest one- quarter (NW 1/4) of said Section 21 It is intended that the North line, the East line and the South line of this excepted parcel be a common line respectively to The Westerly extension of the North line, the West Line, and the Westerly extension of the South line of that certain parcel conveyed to George J and Harriet Gould and described as Parcel "B" in Deed recorded in Official Record Book 5139, page 0153 PAGE 2 OF 2 " R ,...,C........TT. T-.;--o~ ~ ~ f t',~' \..' _ _ ,) ~..l>L/ .~ .__ f ~. - -'-"" I (~UANTUrvl PARK OCT {',~ 1987 October 27, 1987 PLAlx i" " Mr Wi 1 1 iam Zabel Ryan Incorporated Eastern 726 S Mil itary Trail Deerfield Beach, Florida 33442 Re Clearing and grading of the High Ridge Road right-of-way D ea r B ill As YOU know, we have put off the clearing and grading of the High Ridge Road right-of-way until now so that we can be certain of our mitigation options with respect to recent questions that have arisen concerning the Sand Pine Preserve At this time, we have reviewed ali of our options with respect to near-ly 100 acres of sand pine scrub that exists outside of the High Ridge Road right-of-way, and have concluded that construction of the new High Ridge Road wi I I in no way compromise our abil ities to deal with any questions concerning the Sand Pine Preserve However, this conclusion has been reached with the understanding that you and your people must take the utmost care in al I of your construction activities in the area You must be absolutely certain that no equipment runs anywhere outside of the right-of-way I ines for High Ridge Road Furthermore, al I activities must be coordinated with the City so that they are aware of what you are doing and the timeframes for the various activities If any damage is done to any vegetation beyond the right-of-way 1 ines as described on the drawings and specifications, we will hold the Rvan/Jackson Joint Venture responsible This letter is your authorization to begin work irrmediately If you foresee any difficulties whatsoever in performing the work as I have indicated, or if there is any danger of impacting the sand pine scrub areas on the site, please . / . let me know immediately Thank you for y6uP' cooperation in this matter V~~ y yours; >7 ' / / .~/ ~---<------- (/::;tr. RCi~ W / Z I MM~ RMAN i ~ Vice 'Prisident of De*elopment I ' ( ! ) GWZ CC a Ern ~r Edward B Deutsch Mr Steven W Deutsch ~Ir Peter F 10tz Mr Carmen Annunziato Mr Kevin Hallahan Jon C Moyle, Esq David 5 Pressly, Esq Mr Michael Jones 2455 EAST SUi'iRISE BOULEVARD . SUITE 1106 . FORT LAUDERDALE FLORIDA 33304 BROW". RC \305) 564 5114 . PALM BEACH 305 j 734 3555 t ') I' MEMORANDUM RECEr'-;:lED J~ 1 1986 CITY MAI'.lAGER'S OfFI~ May 28, 1986 '10: Cannen Annunziato, City Planner LTan Clcirk~ City' Engineer RE: High Ridge Road south of 2200 Avenue Attached is a copy of a letter from the FDOT indicating that High Ridge Road south of 22m Avenue was formally transferred to the City of Boynton Beach on May 9, 1986 with the right-of-way maps being sent to the Clerk of the Circuit Cburt for filing. I am requesting that Tom Clark take steps to obtain copies of these right-of-way maps so that Cj ty records will show this transfer has been ffi3.de. ;P --d flc.~ Peter L. O1eney city Manager PLC:jc cc: Central File Mayor & city council MEMO REPLY July 9, 1986 f H' h Ridge Road (south of N W. A copy Qf the recorded map or 19 d d J' 3 1986 in 22nd Avenue) has been received Recor e on une , Plat Book No.6, Pages 151, 152~~15~~ ~~ Tom Clark TAC:ck cc: Carmen Annunziato Cen.tral File , Department of Transportation BOB GRAHAM GOVERNOR THOMAS E. DRAWDY SECRETARY 780 S W 24 Street Fort Lauderdale, Florida 33315-2696 Telephone (305) 524-8621 May 1 5, 1986 Mr Peter L Cheney City Manager City of Boynton Beach 120 N E Second Avenue Post Office Box 310 Boynton Beach, Florida 33435-0310 Dear Mr Cheney High Ridge Road south of 22nd Avenue was formally trans- ferred to the City of Boynton Beach on May 9, 1986 The Right-of- Way Maps have been sent to the Clerk of the Circuit Court for filing Si ncerelY., / . U~ck~r- Donald E Henderson, P E District Planning Engineer DEH wr RE C 1D ~ + ':;::;n- 1,1.. '. ..... -J '_ . ~ MAY ~ 1986 CllY MANAGER'S rGFFICE \