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RESOLUTION NO R91-6~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ABANDONING A PORTION OF THE OLD BOYNTON
ROAD RIGHT-OF-WAY, RESERVING UNTO THE
CITY A UTILITY EASEMENT; THE
RIGHT-OF-WAY BEING LOCATED ON BOYNTON
BEACH BOULEVARD AT OLD BOYlWON ROAD,
NORTHEAST CORNER AND BEING MORE
PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING THE MAYOR AND CITY CLERK TO
. _' '" - . - I
EXECUTE A DISCL^TMER FOR SAID ROAD
RIGI:IT-OF-WAY; PROVIDING THAT THE
ATTACHED DISCLAIMER BE RECORDED IN THE
PUBLIC RECORDS OF PALM 9EACH COUNTY,
FLORIDA; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, Rayinond J. posgay, Esq;., as agent for the
owners of Parcel I, Florida Power & Light Company has
requested the abandonment of the hereinafter described road
right-of-way; and
WHEREAS ,
comments .have been solicited from the
appropriate City Departments; and
WHEREAS, public hearings have been held before the
City's Planning and Zoning Board and the City Commission on
the proposed abandonment; and
WHEREAS, based on the foregoing information, the said
right-of-way no longer serves any useful purpose
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1:
The City of Boynton Beach, Florida, by
and through its City Commission, does hereby abandon a
certain right-of-way subject to the reservation of a 10 foot
utility easement along the southernmost 10' of the proposed
parcel in favor of this City, located in the City of Boynton
Beach, Florida, attached hereto as Exhibit "A".
Section 2
The Mayor and City Clerk are hereby
authorized and directed to execute and deliver the attached
Disclaimer and cause the same to be filed in the Public
Records of Palm Beach County, Florida
Section 3:
This Resolution shall become effective
when a 10 foot utility easement has been granted to the
City.
Section 4.
The owners of Parcell, Florida Power &
Light Company are responsible for all costs associated with
moving any existing utility facilities located in the above
described right of way.
PASSED AND ADOPTED THIS c71
day of
/l,.a~ /L-.
,
1991.
CITY OF BOYNTON BEACH, FLORIDA
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'>C7ssioner
Co
Commissioner
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. Abandon\doc
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EXHIBIT "A"
Tha t part 0 f Section 20, Township 45
South, Range 43 East, Palm Beach County,
Florida, described as follows:
I
Commence at the Southeast Corner of said
Section 20; thence S. 88002'21"W., along
the South Line of said Section 20,
1631.39 feet to the easterly right of
way line. of a forty foot road as shown
on plat of Subdivision of said Section
20, as recorded in Plat Book 7, page 20
of the Public Records of Palm Beach
County, Florida; thence N. 0049'09"E.,
along said easterly right of way line,
312.74 feet to line 50 feet
southwesterly of and parallel with the
centerline of Old Boynton Road and the
Point of Beginning; thence S.
41047'42"E., along said parallel line,
225.01 feet to a point of curvature of a
curve concave northeasterly with a
radius of 527.47 feet and a central
angle of 3013'44"; thence southeasterly,
along the arc of said curve, 29.73 feet;
thence S. OOOO'07W., 37.43 feet; thence
S. 85002'51"E., 140.34 feet to a line of
53.00 feet north of and parallel with
the centerline of State Road 804 as
shown on the right of way map recorded
in Road-' Plat Book 2, page 220 of the
Public Records of Palm Beach County,
Florida; thence S. 89059'53"E., along
said parallel line, 45.67 feet to a
point on a curve concave to the
northeast with a radius of 368.97 feet,
a central angle of 23041'37" and a chord
bearing N. 53038'30"W,; thence
northwesterly, along the arc of said
curve, 152.58 feet to a point of
tangency; thence N. 41047'42"W., 110.00
feet; thence S. 480l2'18"W.,.10.00 feet
to a line 15.00 feet northeasterly. of
and parallel with the centerline of Old
Boynton Road; thence N. 4l047'42"W.,
along said parallel line, 227.66 feet to
the intersection of the northerly
prolongation of the said easterly right
of way line of the forty foot road;
thence S. 0049'09"W., along said
prolongation, 96.00 feet to the said
Point of Beginning.
Containing 28,537 square feet~ or 0.655
acre, more or less.
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the
CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING on
Tuesday, February 12, 1991 at 7:30 P.M. at City Hall in the
Commission Chambers, lOO East Boynton Beach Boulevard, Boynton
Beach to consider an application to ABANDON a portion of the Old
Boynton Road right-of-way more particularly described as follows:
That part of Section 20, Township 45 South, Range 43 East,
Palm Beach County, Florida, described as follows:
comm8nce at the Southeast Corner of said Section 20; thence
S.88 02121"W., along the South Line of said Section 20,
163l.39 feet to the easterly right of way line of a forty
foot road as shown on plat of Subdivision of said Section
20, as recorded in Plat Book 7, page 20 of the pU8lic
Records of Palm Beach County, Florida; thence N.O 49I09"E.,
along said easterly right of way line, 312.74 feet to line
50 feet southwesterly of and parallel with the centerline of
Old ~oynton Road and the Point of Beginning; thence
S.41 47142"E., along said parallel line, 225.01 feet to a
point of curvature of a curve concave northeasserly with a
radius of 527.47 feet and a central angle of 3 13'44";
thence southeast8rly, along the arc of said curve'o29.73
feet; thence S.O 00'07"W., 37.43 feet; thence S.85 02'5l"E.,
140.34 feet to a line of 53.00 feet north of and parallel
with the centerline of State Road 804 as shown on the right
of way map recorded in Road Plat Book 2, page 220 of the
Publbc Records of Palm Beach County, Florida; thence
S.89 59153"E., along said parallel line, 45.67 feet to a
point on a curve concave to the nogtheast with a radius of
368.97 feet, a central angle of 23 41'37" and a chord
bearing N.53038'30"W.; thence northwesterly, along the arc
of sgid curve, 152.58 feet to a point ob tangency; thence
N.41 47142"W., 110.00 feet; thence S.48 l2Il8"W., lO.OO feet
to a line 15.00 feet northeasterly of and pgrallel with the
centerline of Old Boynton Road; thence N.41 47'42I/W., along
said parallel line, 227.66 feet to the intersection of the
northerly prolongation of the said east8rly right of way
line of the forty foot road; thence S.O 49I09"W., along said
prolongation, 96.00 feet to the said Point of Beginning.
Containing 28,537 square feet or 0.655 acre, more or less.
In addition, a PUBLIC HEARING will be held by the City Commission
of the City of Boynton Beach on the above request on Tuesday,
February 19, 1991 at 6:00 P.M. at City Hall in the Commission
Chambers, lOO East Boynton Beach Boulevard, Boynton Beach, or as
soon thereafter as the agenda permits.
All interested parties are notified to appear at said hearings in
person or by attorney and be heard. Any person who decides to
appeal any decision of the Planning & Zoning Board or City
Commission with respect to any matter considered at these
meetings will need a record of the proceedings and for such
purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
SUZANNE M. KRUSE
CITY CLERK
CITY OF BOYNTON BEACH
REQUEST FOR PUBLISHING
LEGAL ~vJ.'ICES AND/OR LEGAL ADVERTIL--AENTS
A completed copy of this routing slip must accompany any request
to have a Legal Notice or Legal Advertisement Published and must
be submtited to the Office of the City Attorney 8 working days
prior to the first publishing date requested below.
ORIGINATING DEPARTMENT:
Planning
PREPARED BY: TAMERI J. HEYDEN
DATE PREPARED:
l2-l1-90
BRIEF DESCRIPTION OF NOTICE OR AD:
Abandonment of a portion of Old Boynton Road R-O-W
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
None
SEND COPIES OF AD TO:
Abounding and abutting property owners,
planning
NEWSPAPER(S) TO PUBLISH:
DATE(s) TO--BE
PUBLISHED:
To be determined by City Clerk
I
To be determined bv City Clerk
APPROVED BY:
(1) rl_:-J:" l
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( 2 )
(City Attorney)
. (Da te )
( 3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
PLANNING AREA 7--BOYNTON BEACH BOULEVARD CORRIDOR, BETWEEN
INTERSTATE 95 AND lAWRENCE ROAD
7.a. Residential Parcels in Vicinity of Old boynton Road and Boynton Beach Boulevard.
Between Congress Avenue and Interstate 95
Due to the increased traffic which will be drawn to the Boynton Beach Mall, there will be
pressure to rezone the parcels in this area from residential to commercial use. Other than
minor adjustments to the existing zoning district boundaries, commercial zoning should not
be allowed to extend westward along Old Boynton Road and Boynton Beach Boulevard.
Extending commercial zoning along these thoroughfares would cause serious traffic
congestion and degrade the residential environment in the adjacent neighborhoods. In
particular, commercial zoning should not be permitted on the residential lots and small
parcels which lie along Old Boynton Road to the northwest of the Florida Power and Light
substation, and should not be permitted on the 3.87 acre outparcellying along the east side
of Palm Beach Leisureville. One addition to the commercial zoning district is desirable,
however: It is recommended that land use on the southern 300 feet of the R-2 zoned
property owned by Florida Power and Light Co., at the northeast comer of Boynton Beach
Boulevard and Old Boynton Road be changed to Local Retail Commercial, and the zoning
changed to C-2 Neighborhood upon its being combined with the vacated right-o(-way for Old
Boynton Road, and the small triangular-shaped parcel at this intersection, and the rezoning
of the combined parcels to a planned commercial development. The northern 330 feet of
the FPL property should be changed from medium Density Residential land use and R-2
zoning to Low Density Residential land use and R-IA zoning. This land use/zoning change
would prevent duplex dwellings from being placed immediately next to a single-family side
of Palm Beach Leisureville should be limited to either single-family residential use, with a
maximum density comparable to the adjacent portion of Leisureville, or to a low-intensity
institutional use.
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the
CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING on
Tuesday, February 12, 1991, at 7:30 P.M., at City Hall in the
Commission Chambers, 100 East Boynton Beach Boulevard, Boynton
Beach, to consider an application to ABANDON a portion of the Old
Boynton Road right-of-way submitted by Raymond J. posgay, attorney
for owners of Parcel I, Florida Power and Light Company, more
particularly described as follows:
That part of section 20, Township 45 South, Range 43 East,
Palm Beach County, Florida, described as follows:
Comm5nce at the Southeast Corner of said Section 20; thence
S.88 02'21"W., along the South Line of said Section 20,
163l.39 feet to the easterly right of way line of a forty
foot road as shown on plat of Subdivision of said Section
20, as recorded in Plat Book 7, page 20 of the puglic
Records of Palm Beach County, Florida; thence N.O 49I09"E.,
along said easterly right of way line, 3l2.74 feet to line
50 feet southwesterly of and parallel with the centerline of
Old ~oynton Road and the Point of Beginning; thence
S.41 47142"E., along said parallel line, 225.01 feet to a
point of curvature of a curve concave northeasserly with a
radius of 527.47 feet and a central angle of 3 13144";
thence southeast5rly, along the arc of said curve'029.73
_feet; thence S.O 00107"W., 37.43 feet; thence S.85 02151"E.,
140.34 feet to a line of 53.00 feet north of and parallel
with the centerline of State Road 804 as shown on the right
of way map recorded in Road Plat Book 2, page 220 of the
Publbc Records of Palm Beach County, Florida; thence -
S.89 59153"E.,' along said parallel line, 45.67 feet to a
point on a curve concave to the nobtheast with a radius of
368.97 feet, a central angle of 23 4113711 and a chord
bearing N.53038130"W.; thence northwesterly, along the arc
of s8id curve, 152.58 feet to a point ob tangency; then~e
N.41 47142I1W., 110.00 feet; thence S.48 12118I1W., 10.00 feet
to a line 15.00 feet northeasterly of and P8rallel with the
centerline of Old Boynton Road; thence N.41 47142"W., along
said parallel line, 227.66 feet to the intersection of the
northerly prolongation of the said east5rly right of way
line of the forty foot road; thence S.O 49I09"W., along said
prolongation, 96.00 feet to the said Point of Beginning.
Containing 28,537 square feet or 0.655 acre, more or less.
In addition, a PUBLIC HEARING will be held by the City Commission-
of the City of Boynton Beach on the above request on Tuesday,
February 19, 1991 at 6:00 P.M. at City Hall in the Commission
Chambers, lOO East Boynton Beach Boulevard, Boynton Beach, or as
soon thereafter as the agenda permits.
All interested parties are notified to appear at said hearings in
person or by attorney and be heard. Any person who decides to
appeal any decision of the Planning & Zoning Board or City
Commission with respect to any matter considered at these
meetings will need a record of the proceedings and for such
purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
SUZANNE M. KRUSE
CITY CLERK
CITY OF BOYNTON BEACH
PUBLISH: BOYNTON BEACH NEWS
JANUARY 28 AND FEBRUARY 4, 1991
CC:
CITY MANAGER CC:
CITY COMMISSION
CITY ATTORNEY
APPLICANT FILE
PROOF OF PUBLICATION FILE
THE BOYNTON BEACH NEWS FILE
RAYMOND J. POSGAY, ESQ. (APPLICANT)
ABUTTING PROPERTY OWNERS (3)
CITY MANAGER'S SECRETARY
(FOR AGENDA)
RECORDING SECRETARY
CHRIS CUTRO, PLANNING DIRECTOR
BOYNTON BEACH NEWS
PRESS BOX
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OFFICE OF THE CITY CLERK
MEMORANDUM
TO:
Chris Cutro, Planning Director
FROM:
Sue Kruse, City Clerk
SUBJECT:
Planning & Zoning Board Meeting - February 12, 1991
DATE:
January 25, 1991
Attached please find a copy of the following notice of a public hearing
which has been scheduled for the Tuesday, February 12, 1991, Planning &
Zoning Board meeting:
Applicant: Raymond J. Posgay
Request:
Abandonment of Portion of R-O-W, Old Boynton Road
This notice was mailed to the applicant and will be advertised in the
Boynton Beach News on Monday, January 28, 1991, and Monday, February 4,
1991.
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Sue Kruse, City Clerk
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City Manager