LEGAL APPROVAL
ThIS Instrument Prepared By
Record and Return to
Mark M. Hansen
1062 Coral RIdge Dnve
Coral Spnngs, FL 33071
INTERIM INGRESS / EGRESS EASEMENT
-n+- THIS INTERIM INGRESS / EGRESS EASEMENT made and entered mto thIs
{3 day of NOJQVf(g1- , 20..elL by QUANTUM PARK AND VILLAGE,
LLC, eXlstmg under the laws of the State of Flonda and havmg ItS pnnclpal place of bus mess at
2500 Quantum Lakes Dnve, SUIte 101, Boynton Beach, FL 33426, (heremafter called
"GRANTOR") to VILLAS AT QUANTUM LAKE, INC., a Flonda corporatIon and havmg
ItS pnnclpal place of bus mess at 1062 Coral RIdge Dnve, Coral Spnngs, FL 33071 (heremafter
called "GRANTEE")
WITNESSETH
THAT FOR AND IN CONSIDERATION of the sum of $10 00 and other good and
valuable consIderatIOn, the receIpt of whIch IS hereby acknowledged, the GRANTOR hereby
grants unto the GRANTEE, ItS successors and assIgns, a non-excluSIve Easement for access,
mgress and egress on, over and across that certam real property to WIt:
(See sketch of the southerly fifty (50) feet of Lot 62 and Lot 66 Quantum Park at Boynton
Beach Plat no 6, P.B 57, pgs 191-193 attached hereto as Exhibit "I" and made part
hereofby reference as If fully set forth hereat.)
SUBJECT TO easements, restnctlOns, covenants, condItIOns, lImItatIOns and
reservatIons of record, If any; and subject to replacement by comparable easement upon
finalIzatIOn of development plans for Lot 62 and Lot 66 Quantum Park at Boynton Beach, Plat
no 6, or Uruty of TItle.
TO HAVE AND TO HOLD the Easement hereby granted unto saId GRANTEE, ItS
successors and assIgns.
IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed m ItS
name and ItS corporate seal to be hereto affixed by ItS proper officers thereunto duly authonzed,
all as of the day and year first above wntten.
..
M
SIgned, sealed and dehvered
GRANTOR. QUANTUM PARK & VILLAGE, LLC.
In the presence of:
wItness
( /UiA-i FL/JUJ
By"
)., t..;l;_---'~,L"jA./'--~ >
Dou~as MacDonald /
Na'7aC/t/1CJ PClI'~
TItle. (V J
pnntname
clufl ~ Finch
wItness
00tU- ij~cO"w
Attest:
pnnt name ;She i ~ eeN dOl)
M,41.J\.)I-6\~6 :PH-'Te-,~'l-
TItle
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
.l-~ "f.
The foregOIng Instrument was ac1mo\\- led ed be ore me thIS ~ day of I\JD (~r ,
20JlL, by Douglas MacDonald, I I d Mark M. Hansen, ('f)t;PLm,l-/cUlSR/)
respectIvely, of QUANTUM PARK V LAGE LLC., a Flonda corporatIOn, on behalf of
the corporatIOn, who are personally known to me and who dId not take an oath.
.,0\........,. I<II3ERLYK. YAlES
!..~~.~..:\ MY COMMISSION tce 921172
: : . . EXPIRES: Man:I121, 2004
~.Rl!. . Bondod Thou NolIly NlIlc UIldIlWIIn
My ComnnssIOn ExpIres
..
U '\sHEILA \QUANTUM\Easement - Ingress Egress,doc
~
LAND DESCRIPTION
50' ACCESS EASEMENT
QUANTUM PARK AT BOYNTON BEACH
A PORTION OF LOT 62, QUANTUM PARK AT BOYNTON BEACH P I.D PLAT NO 6, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 57, PAGES 191 THROUGH 193 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA TOGETHER WITH A PORTION OF LOT 66,
QUANTUM PARK AT BOYNTON BEACH, PI D NO 9 ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 57, PAGES 32 THROUGH 33 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWED-
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 62;
THENCE NORTH 74000'03" WEST ALONG THE SOUTH LINE OF SAID LOT 62, A DISTANCE OF 150 00
FEET,
THENCE NORTH 15059'57" EAST, 50 FEET
THENCE SOUTH 74000'03" EAST, 382.34 FEET,
THENCE NORTH 86018'57" EAST, 183.97 FEET TO A POINT ON THE ARC OF A NON-TANGENT
CURVE CONCAVE TO THE NORTHEAST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH
87021'36" EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE)
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 60 00 FEET
A CENTRAL ANGLE OF 55038'02", AN ARC DISTANCE OF 58.27 FEET TO A POINT ON THE SOUTH
LINE OF SAID LOT 66,
THENCE SOUTH 86018'57" WEST ALONG THE SOUTH LINE OF SAID LOT 66, A DISTANCE OF 217 87
FEET,
THENCE NORTH 74000'03" WEST 241 01 FEET TO THE POINT OF BEGINNING
SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY FLORIDA
CONTAINING 0.669 ACRES (29118 SQUARE FEET), MORE OR LESS
Land Description Prepared By.
SHAH, DROTOS & ASSOCIATES
1835 S. PERIMETER ROAD, SUITE 190
FORT LAUDERDALE, FLORIDA 33309
PREPARED BY RD
CHECKED BY MDR
PROJECT NO 01-0552A
FILE. C'\MY FILES\0552ACCESS WPD
OCTOBER 18, 2001
..
SHEET 1 OF 2 SHEETS
N 15 59'57"E
-CO 00'
...... .......
61 ;:t~:: ~
(p :~~7, if ~~S -ri ~j1-1!~~II~~~'~1
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~:...::.----.; )~,r-'...
~ '=--f' 1',,--- " '.
'- .JZ '" -
i ,-----, ~_ ................. "~',
-------r- ..........,
1''''", ........
SKETLrl OF C'ESCRIPTIC,~
50' ACCESS EASEMENT
VILLAS AT QUANTUM LAKES
A PORTION OF QUANTUM PARK AT BOYNTON BEACH, P I D NO 6
(P B 57, PAGES 191-193 P B C R), TOGETHER WITH
A PORTION OF QUANTUM PARK AT BOYNTON BEACH P I D NO
(P B 60, PAGES 32-33 P B C R )
LEGEND
9 SCALE 1" =
100
b
!
I
~ r,
-~
L
f"
J"
I'
L
I
[
~
62
(P B 57,
PBCR =
PB
PGS =
R
D =
L
PALM BEACH
PLAT BOOK
PAGES
RADIUS
DELTA
ARC
COUNTY RECORDS
PGS
191-193)
POINT OF
BEGINNING
N W CORNER LOT 71
(P B 60, PGS 32-33)
S E. CORNER LOT 62
(P B 57 PGS 191-193)
k..........n-;.
'.............0 v
......, - I"'")
f,. 0
; "--- 0 N
, , co
C........... 'v, I"'")
::>' '/'.
? ' Cf)
i-1!.c- , ',J
!=l 0" '" '
o '~,
~ :;:'-" -
VN'
,.........! " '-
Z ~'''':~> (p B 60, PGS 32-33)
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, "
NOTES
66
THIS IS NOT A BOUNDARY SURVEY
2, LANDS SHOWN HEREON WERE NOT
ABSTRACTED FOR RIGHTS-OF -WAY EASEMENTS,
OWNERSHIP OR OTHER INSTRUMENTS OF RECORD.
3. BEARINGS SHOWN HEREON ARE BASED ON
THE SOUTH LINE OF LOT 62 ACCORDING TO THE
PLAT OF QUAN1UM PARK AT BOYNTON BEACH
P.I.D. PLAT NO.6. AS RECORDED IN PLAT BOOK
57 PAGES 191-193, OF THE PUBLIC RECORDS
OF PALM BEACH COUNlY FLORIDA, SAID LINE
BEARS SOUTH 74'00'03- EAST
4 UNLESS IT BEARS THE SIGNATURE AND THE
ORIGINAL RAISED SEAl OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. THIS MAP IS FOR
INFORMATIONAL PURPOSES ONLY AND IS NOT
VALID.
71
(P B 60, PGS 32-33)
~................. '",-
, "'..........'
"- .......... '"
r::. ~ \>":~ -z.
,'...... '...........' 01
I-- I-- U) .......... -" \ 01.
g g \~.''''''''~\~.
w w ~\-""""""'~\~
Z Z -1\01_...... .;' ~
-1-1 ~~ ~~
ZCf) -\...z."~~
~~~
\/
5. THE 20' DRAINAGE AND UTILITY EASEMENT
ALONG THE SOUTH LINE OF LOT 66 IS NOT
SHOWN FOR CLARIlY REASON.
68-A
(P B 60, PGS 32-33)
PROJECT NO: 01-0552
D=55'38'02"
R=60 01'
L=58 27'
N8T21 36"E
(RADIAL)
BY
SKETCH OF DESCRIPTION
REVISIONS
RD 10/17/01
DWN DATE FB/PG
MDR
CHKD
MI AEL D ROSE
PRO ESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO 3998
SHAH ENGINEERING
DROTOS SURYEYlNG -
& ASSOCIATES PlANNING
CERTIFICATE OF AUTHORIZATION NO. L8 6-456
1835 S. Perlmmr Road. Suite 190. R. Lauderdale. n. 33309
PH: 954-n6-7604 . rAX: 9S4-n6-7608
~
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
March 5, 2002
Motion
Commissioner Ferguson moved to approve Resolution No. 02-044 Motion seconded by
Commissioner Fisher and unanimously carried
Mayor Broening asked Mr Suss to take the podium since he had presented a card on
Items G and H Mr Suss did not answer and as a result, Mayor Broening called for
approval of these two items.
VII. G.
Approve the transfer of $4,000 from the City Commission's
Community Investment Fund to the Library's Donation Account
($1,000 each from the Community Investment Funds of Vice Mayor
Weiland, Commissioners Ferguson, Fisher and McCray)
Motion
Commissioner Ferguson moved to approve Item VII.G
Commissioner Fisher and unanimously carried
Motion seconded by
VII. H
Approve the transfer of $12,500 of the City Commission's
Community Investment Fund to the Library's Donation Account
(from Mayor Broening's Community Investment Funds)
Motion
Commissioner Ferguson moved to approve Item VII. H
Commissioner McCray and unanimously carried
Motion seconded by
VII. I.
Approval of Plat #6, Replat #1 of Quantum Park PID (Quantum
Lakes Drive
Enrico Rossi, 625 Whispering Pines Road, Boynton Beach, said that he did the
original engineering for Quantum Park and is familiar with what goes into the design of
the Park. Mr Rossi said that he looked at the plat today and was informed by the City
that it had only been submitted 36 hours ago. He took issue why the City puts things
on fast track for Quantum Park. The plat shows the abandonment of Quantum Drive
and that Quantum Park is asking that 50' of the lake be filled in This amounts to
approximately one acre of land Mr Rossi said that the filling in of the lake should
require a drainage study and asked to look at the study Mr Rossi was informed that
the City was not furnished with a drainage study Mr Rossi wanted to know where the
sewer lines and easements would be placed. Secondly, Mr Rossi wanted to know why
the dedication of the land was not shown on the plat. Mr Rossi pointed out the area
that he was referring to on the plat. Mr Rossi requested that the Commission take no
action tonight until these questions are answered
16
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
March 5, 2002
Attorney John Gary, 701 U.S. 1, N Palm Beach, Florida, representing the Willows
at Quantum Lakes, agreed with Mr Rossi's comments. Mr Gary pointed out that this
plat is part of the DRI and a few months ago the Commission approved NOPC# 12,
which approved taking part of Quantum Lakes Drive to make lots 100 and 101 He
asserted that NOPC# 12 did not ask the Commission to approve any change to Water
Management Tract Q The proposed plat being presented shows the taking of
Quantum Lakes Drive and approximately one acre from Water Management Tract Q
Mr Gary said that they have filed for a temporary restraining order in Circuit Court
because the developer asserted that they filed a Water Management Plan and that the
CDD needs to purchase lot 34C from the developer, which is designated replat, for $16
million. The developer and the CDD have signed a contract. He went on to explain
that the CDD is an entity created by the City and that the City needs to watch what is
going on He questioned the reasoning of the petition for a replat that eliminates an
acre of the drainage area, while at the same time claiming they need to purchase
another piece of property for $1 6 million.
Attorney Gary requested that the item be continued to afford the owners of Quantum
Park, as well as the Commission, an opportunity to study it.
Attorney David Norris, representing Quantum Limited Partners, stated that Mr
Gary was present tonight because there is a dispute pending between Mr Gary's client
and Quantum Limited Partners and the lawsuit has no bearing on tonight's item Mr
Norris pointed out that if the Commission approved the replat, Mr Gary's client will
have to purchase the property and they are using the Commission as an excuse not to
have to pay them Attorney Norris said that this is an issue that the courts should
decide. Mr Norris also pointed out that Mr Gary's client supported the replat and
obtained a site plan approval for this same property
Attorney Norris stated that the property was dealt with in NOPC#12 that was part of
the approval process and included tract Q He stated that the application for the plat
was originally submitted in October They have been working with staff since that time
and have gone through the TRC process. Attorney Norris assumed that they had
worked everything out with staff Staff only had some issues dealing with easements
that the City would like to see in place immediately after the plat is filed. Attorney
Norris felt these were site plan issues and not platting issues. Attorney Norris stated
that they were agreeable to move forward with the plat and agreed to condition the
approval to provide that the easements be recorded immediately after the plat.
Attorney Norris requested that the Commission move forward with approving the plat
and not to become involved in the dispute
Mr Livergood, Public Works Director, said that the Department of Engineering received
the plat for review on Friday, March 1st with a request to place the item on the agenda
for tonight's meeting. Mr Livergood and the City Engineer, Dave Kelly, have not signed
17
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
March 5, 2002
the plat because they have some reservations and have discussed them with Quantum
Staff has concerns about easement locations for utilities, which have not been properly
addressed on plat. Staff questioned the ownership of the property and whether
Quantum Limited Partners or the COD were the owners, which is relevant to the
process. Staff is not prepared to sign off on the plat.
Commissioner Fisher inquired if the item could be approved with conditions. Attorney
Cherof said that the Commission could condition the approval, but it would not be very
much of an approval, because the actual work will occur after the meeting
Motion
Vice Mayor Weiland moved to table until the conditions can be worked out. Motion
seconded by Commissioner McCray The motion failed 3-2 (Mayor Broening,
Commissioner Ferguson and Commissioner Fisher dissenting).
Mayor Broening inquired if it has been determined that the Property Owner's
Association (POA) was involved Attorney Norris stated that Mr Gary's client felt the
POA had title to tract Q, which it does not. Mr Norris stated that the COD had title to
tract Q
Attorney Norris requested that the Commission approve the plat conditioned upon
resolution of the issues because he felt these were site plan issues.
Commissioner Fisher did not feel that the Commission should become involved in the
dispute between the parties. Commissioner Fisher asked staff to state why this should
not be considered a site plan issue and how it differs from NOPC#12.
Mr Livergood responded that they are asking staff to approve and sign a plat and to
testify that staff has reviewed it and that the easements noted are correct. This is not
the case Staff would like to review it in depth to ensure that it is correct, which they
have not had the opportunity to do
Mayor Broening asked how the plat presented tonight differs from NOPC#12 Mr
Rumpf responded that this is the first time he has heard of the issue and has not had
an opportunity to research the relationship of the land use involved and NOPC#12. If
It is not part of NOPC#12, converting the land use from a water management tract,
would be putting the "cart before the horse"
Commissioner Fisher would like to approve the item making it conditional upon
resolving the issues. If staff did not approve the conditions, it would make the plat
approval null and void This method would keep the process moving along rather than
requiring the applicant to have to come back to the Commission
18
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
March 5, 2002
Mr Bressner inquired about the urgency of the issue and noted that by taking this
approach, the Commission would be giving staff veto authority over the plat. Mr
Bressner did not think this action would be appropriate.
Mayor Broening inquired how tabling the item would affect Quantum Mr Norris stated
that there are contracts pending based upon the plat approval and the contract with
Olen requires them to pay Quantum. Therefore, the delay certainly would not be
beneficial to Quantum.
Eugene Gerlica, a member of the Quantum Community Development District, stated
the issues discussed with staff yesterday were the result of staff's questions regarding
utility easements for the existing utilities within the roadway Quantum assured staff
that the separate utility easement documents would be prepared and recorded after the
plat is recorded Mr Gerlica would like the plat being presented tonight to be recorded
exactly as submitted They want the three easement areas where there are existing
utilities to be encumbered by a separate instrument so that they can be abandoned
later pursuant to the Olen site plan and Quantum Village plan
Mayor Broening asked what the impact of approving the plat has on Olen Attorney
Gary responded that any approval with conditions would serve as approving the plat.
Mr Gary responded that the party requesting approval of the plat is a different party
from Olen that already has the villas approved Attorney Gary pointed out that City staff
is questioning the abandonment of the property He doubted the legality of the plat
and whether it was included in the NOPe. Attorney Gary said that he read the
resolution approving the NOPC and did not see where the Water Management tract was
vacated A new NOPC needs to be done and a drainage study should be undertaken
Attorney Gary requested that the item be postponed until the next meeting.
Mr Gerlica stated that he submitted to Mr Rumpf in October the revised plat pursuant
to the NOPC#12 approval and this has been under review by his department and the
Engineering Department since then. Mr Rumpf responded with two sets of comments
and they have been addressed Mr Gerlica noted that the submittal of the plat on
Thursday was only after Quantum received word from the Engineering Department that
the plat was technically correct. Mr Gerlica questioned why Mr Rumpf hadn't
determined that the land and the two lots were not included in NOPC#12 since it was
submitted in October
Further, Mr Gerlica said that when they submitted NOPC# 12, staff made 42 comments;
he objected to 41 of the 42 comments in writing, the original of which is attached to the
minutes. One of the comments made by staff was to be provided with an area
summary calculation showing how much of tract D and tract Q would be included in
Lots 100 and 101 This table was provided to staff and the acreages shown on the
master plan came from that table. Mr Gerlica pointed out that Olen submitted a site
plan and a letter in favor of NOPC#12, which was approved by the City
19
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
March 5, 2002
Mr Gerlica was requested to point out the location of Lot 34C on the plat. Lot 34C
fronts on Miner Road and is located in the extreme northern part of the Park. Originally
this was designated industrial, which was objected to by the City and Treasure Coast
Planning Therefore this lot was put in a "reserved" category and is not encumbered
for any drainage purposes.
Attorney Gary stated that he read the resolution and the only thing that he saw relating
to Lot 34C was that it was reserved. Mr Gerlica read into the record a portion of
Condition #4 to the NOPC approval, the second paragraph under the
Forester/Environmentalist Comment:
"It is acknowledged that 34C is not encumbered by any easement,
reservation, dedication or permit requirement by the City, any regulatory
agency or special district, including the Quantum Community Development
District regarding the use of 34C for drainage purposes, except the
drainage requirements associated with the development of lot 34C."
Vice Mayor Weiland asked staff if any of their questions have been cleared up. Mr
Rumpf stated that his position has not changed Vice Mayor Weiland would like to have
these issues cleared up before the Commission votes on the item
Attorney Norris said they would agree to have the resolution of the three easements as
a condition of approval, as well as verification that a portion of tract Q was part of
NOPC#12 approval
Attorney Gary disagreed with Attorney Norris and stated it was the Commission's
responsibility to determine this and not staff
Motion
Commissioner Fisher moved to recess for 10 minutes to allow staff to confer with the
various parties to determine if any of the issues can be cleared up
The meeting recessed at 9:20 p.m. and reconvened at 9:30 p.m.
Mr Rumpf stated that staff was asked to review the document placed on the Recording
Secretary's table to determine if tract Q was included in the Nope #12 application and
that cannot be discerned from that document.
Attorney Norris reiterated that they would be amenable to having the plat approved
subject to the conditions he previously mentioned
20
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
March 5, 2002
After listening to all the testimony tonight, Mayor Broening stated that the Commission
is faced with determining whether it wants to grant the request with conditions.
Motion
Commissioner Ferguson moved to approve Plat #6, Replat # 1, conditioned on
resolution of the site plan issues, including the easements and tract Q, and any other
issues that may arise.
Attorney Cherof requested that a condition of approval be the certification of the plat
documents by Mr Kelly and Mr Livergood.
Commissioner Ferguson amended his motion to include a condition of approval be the
certification of the plat documents by Mr Kelly and Mr Livergood Motion seconded by
Commissioner Fisher and unanimously carried
VIII. CITY MANAGER'S REPORT
A. Update on Utilities Reserve Funds
Dom Desiderio, 2755 S. Federal Highway, Boynton Beach, pointed out that the
financial statements showed that there was $92 million in the storm water reserve fund
and if all projects were completed, there would be an excess remaining in the fund Mr
Desiderio stated he is paying $1,700 per year to storm water utilities fund and asked for
relief Mr Desiderio asked if Pond B came in $1 million under budget and was this
savings was put into the redevelopment fund
Mayor Broening responded that $1 million was saved when Pond B was built, but it was
not in dollars.
Mr Bressner reported on the balances in the Utility Fund and staff was requested to
evaluate the reduction of the storm water fees. Staff looked at the money in the
reserve, the anticipated money that would be coming in, and the position of the Fund
at September 30, 2002. Staff determined that $5 6 million from the Water and Sewer
Revenue Fund could be freed up. Staff believes that there are sufficient reserves in the
Utility Fund to operate it and to meet the capital projects without jeopardizing the
Utility Mr Bressner stated that the storm water utility fee could be reduced by 17% for
every dollar paid. This would mean if the Commission authorized the reduction of the
storm water fee from $6 to $5, this would result in a 17% reduction
Mr Bressner pointed out that the Commission needs to keep in mind that there might
be certain projects that may need funding, such as canal maintenance and staff is
assessing this. Mr Bressner presented various scenarios and the costs for each of them
This matter will be coming back to the Commission in April Another issue that the
21