LEGAL APPROVAL
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ORDINANCE NO, 095-~8
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF THE SCHOOL
BOARD OF PALM BEACH COUNTY (POINCIANA
ELEMENTARY ,SCHOOL) AMENDING ORDINANCE
91-70 OF SAID CITY BY REZONING A CERTAIN
TRACT OF LAND MORE PARTICULARLY DESCRIBED
HEREIN, FROM R-2 (SINGLE AND TWO FAMILY
DWELLING DISTRICT) TO PU (PUBLIC USAGE);
AMENDING THE REVISED ZONING MAP
ACCORDINGLY; PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE,
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I Beach, Florida has adopted Ordinance No, 91-70,
:1 Revised Zoning Map was adopted for said City; and
WHEREAS,
the City Commission of the City of Boynton
in which a
WHEREAS, Jan C, Hansen, agent for the
owners of the
property more particularly described hereinafter, has
heretofore filed a Petition, pursuant to Part III of the Land
Development Regulations, Chapter 2, Zoning of the City of
Boynton Beach, Florida, for the purpose of rezoning a certain
tract of land,
said land being more particularly described
hereinafter, from R-2 (Single and Two Family Dwelling
District) to PU (Public Usage) which requests that the said
tract be removed from the boundaries of the R-2 zone to allow
for the processing of the rezoning application; and
WHEREAS, the City Commission deems it in the best
interests of the inhabitants of said City to amend the
aforesaid Revised Zoning Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The following described land, located in the
City of Boynton Beach, Florida, as set forth in Exhibit "A"
attached hereto and made a part hereof, be and the same is
hereby rezoned from R-2 (Single and Double Family Dwelling
District) to PU (Public Usage), A location map ~s attached
hereto as Exhibit "B" and made a part of ' this Ordinance by
reference,
Section 2: That the aforesaid Revised Zoning Map of the
City shall be amended accordingly,
Sect ion 3:
All ordinances or parts of ordinances ~n
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conflict herewith are hereby repealed,
Section 4:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance,
Section 5: This ordinance shall become effective thirty-
one (31) days following adoption of the Ordinance, pursuant to
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i Florida Statutes,
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FIRST READING this
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day of 3~l3.e1:(
, 1995,
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SECOND, FINAL READING and PASSAGE this
r1IR!Am~ , 1995,
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day of
CITY OF BOYNTON BEACH, FLORIDA
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Mayor /
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Commissioner
ATTEST:
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11130/95
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PO\NC\ANA SCHOOL
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EXHIBIT "A"
South half of Lots 42, 43, 44 and 45,
and south half of the W, 30,85' of Lot 1
of the subdivision of Lot 3, Lanehart's
Subdivision according to Plat Book 10,
page 39 of the Palm Beach County public
records.
And together with",
Lots 2 thru 10, Block 6, and W. 9,05' of,
Lot 1, Block 6 of the Happy Horne Heights
Subdivision according to Plat Book 11,
Page 30 of the Palm Beach County public
records,
MINUTES
PLANNING at DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 12, 1995
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old survey for the entire PUD. (Mr. Haag agreed this is '
acceptable. )
4. Condition #24 deals with the 25 foot recreation setback rather than the
3 1 foot setback.
5. Condition #31 is acceptable as long as it does not delay this process.
Mr. Kilday added one additional comment which he had not addressed earlier. He advised
that he has already discussed the following comment with staff .
6. Comment #32 refers to nine (9) gallon shrubs. Discussions have been
held with staff to advise them that the shrubs are available in seven (7)
and ten ( 10) gallons. Staff agreed to change the requirement so that the
hedge must be 36" high at the time of planting. Mr. Haag agreed with
this comment.
Chairman Dube polled the vote. The motion carried unanimously.
Mr. Kilday commended the Planning & Zoning Department for the new procedure of outlining
staff comments. It provides a clearer understanding and he appreciates this recent 0
modification. Chairman Dube agreed.
CHAIRMAN DUBE ANNOUNCED THAT THE AGENDA WOULD REVERT BACK
TO ITEM #5 . COMMUNICATIONS at ANNOUNCEMENTS.
5. COMMUNICATIONS at ANNOUNCEMENTS
A. Report from the Planning at Zoning Department
1 . Final Disposition of Last Month r s Agenda Items
Ms. Heyden reported that there were only three items the City Commission addressed which
had also been addressed by the Planning & Development Board. They are:
Hills of Lake Eden - The applicant requested postponement of this application
until January.
Poinciana Elementary School was approved. The Ordinances have also been
approved.
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ORDINANCE NO, 095-~1
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF THE SCHOOL
BOARD OF PALM BEACH COUNTY (POINCIANA
EL~TARY. SCHOO~ - LOTS 13, 14, 15 AND
--
16, HAPPY HOME HEIGHTS) AMENDING
ORDINANCE 91-70 OF SAID CITY BY REZONING
A CERTAIN TRACT OF LAND MORE PARTICULARLY
DESCRIBED HEREIN, FROM R-l-A (SINGLE
FAMILY RESIDENTIAL) TO PU (PUBLIC USAGE);
AMENDING THE REVISED ZONING MAP
ACCORDINGLY; PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE,
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has adopted Ordinance No, 91-70, in which a
Revised zoning Map was adopted for said City; and
WHEREAS, Jan C, Hansen, agent for the
owners of the
property more particularly described hereinafter, has
heretofore filed a Petition, pursuant to Part III of the Land
Development Regulations, Chapter 2, Zoning of the City of
Boynton Beach, Florida, for the purpose of rezoning a certain
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tract of land,
said land being more particularly described
hereinafter,
from R-1-A
(Single Family Residential)
to PU
(Public Usage)
which requests that the said tract be removed
from the boundaries of
the R-l-A zone to allow for the
processing of the rezoning application; and
WHEREAS, the City Commission deems it in the best
, interests of the inhabitants of said City to amend the
I aforesaid Revised Zoning Map as hereinafter set forth,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The following described land, located in the
City of Boynton Beach, Florida, as set forth in Exhibit "A"
attached hereto and made a part hereof, be and the same is
hereby rezoned from R-1-A (Single Family Residential) to PU
(Public Usage). A location map is attached hereto as Exhibit
liB" and made a part of this Ordinance by reference.
Section 2: That the aforesaid Revised zoning Map of the
City shall be amended accordingly,
Section 3:
All ordinances or parts of ordinances 1n
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,.,.
conflict herewith are hereby repealed,
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Section 4:
Should any section
or provision
of this
I Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance,
Section 5: This ordinance shall become effective thirty-
one (31) days following adoption of the Ordinance, pursuant to
Florida Statutes,
FIRST READING this ~
day of ~~~
, 1995,
SECOND, FINAL READING and PASSAGE this
: <J)€/7~nJ~, 1995,
/9'
day 0 f
CITY OF BOYNTON BEACH, FLORIDA
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Mayor
vice Mayor
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-Cornrnissio er
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CornrnisS'ioner
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ATTEST:
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Cit Clerk
(Corporate Seal)
poincianalR1A to PU}
11130/95
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EXHIBIT IIAII
Lots 13, 14, 15 AND 16, Block 6 of the
Happy Home Heights Subdivision according
to Plat Book 11, Page 30 of the Palm
Beach County Public Records,
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MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
NOVEMBER 21, 1995
C. Resolutions
1. Proposed Resolution No. R95-189 Re: Authorize execution of
agreement between the City of Boynton Beach and the School Board of
Palm Beach County reference drainage at the Poinciana School project
An amended agreement was before the Commission. City Manager Parker advised that the
School Board and City staff have been working desperately to try to get all the issues worked
out on this matter. Unfortunately, even though there is an amended agreement, there are still
a couple of outstanding issues, Michael Murgio of the School Board was present. City
Manager Parker asked him if it would be a problem if we table this item to December 5 to try
resolve these issues.
Mr, Murgio stated that the only issue the School Board has a slight problem with is eight
parking spaces at the Community Center, but he believes this can be worked out, He would
like the Commission to move on this so that if that is worked out, it can be brought'back as an
administrative procedure for the Mayor's signature.
City Manager Parker asked the Commission if they would have any problems putting this on
the Consent Agenda on December 5 if we have unanimous staff support on this agreement.
The Commission had n~ problem with this,
Motion
Vice Mayor Bradley moved to table this item until December 5, Mayor Pro Tern Matson
seconded the motion, which carried 5-0.
D. Other
1. Code Enforcement Lien Reduction for Carmen Virgil, et al
Scott Blasie, Code Enforcement Administrator, advised that this was a violation of the
ordinance regarding the requirements for alarm operating decals, There seemed to have been
a lot of misunderstanding, and the violator had a lot of other problems with the alarm
company, This case was originally cited on June 10, 1994. On July 20, 1994, the Code
Enforcement Board ordered compliance by August 5, 1994 or a fine in the amount of $100 per
day may be imposed. This case complied on September 15, 1995 due largely to the fact that
29
SENT BY:
11- 7-95
17:21 ;JOSIAS & GOREN. P.A.~
BoynTon Bch fax;# 1/11
JOSIAS & GOREN, P.A.
3099 East Commeroial Boulevard
Suite 200
Fort Lauderdale, Florida 33308
(305) 771-4500
Facsimile No. (305) 771-4923
FACSIMILE TRANSMISSION
DATE:
November 7, 1995
RECIPIENT'S FACSIMILE NO.
407-375-G090
TO:
ROiiCiillnaria, City
Attorney's Office
Esq .@
~ page(s) including this cover.
FROM:
Kerry L. Ezrol,
Thi5 trans~i~5ion contains
FILE NO.:
950225
FILE REFERENCE: BOynton Beach/McCloud
COMMENTS: pursuant to your conver~ation with Cyndie at our
office, the City of Boynton Beach owns all parcels
involved in the eminent domain proceeding. I am
enclosing the following documents:
1. order of Taking dated March 30, 1995;
2. Notice of Deposit dated April 18, 1995: and
3. Order Granting Petitioner's Motion for Writ of
Possession dated April 24, 1995.
PleasQ contact ma should you need to discuss.
fhie inform..thn eonteit"led in H';$ h=iml11r 1IC&&898and tt-.e pelge$ fOllowIng a..e llttDrney prtvHeged and
con~idential information Intended only far the u~e of th~ i~ivid~al Qr entity n~mod ~bov.. f~ the re&dor of
this messaee is not the intended recipient, you are hereblnotifitd that any diasemination. distribution or co~y
of this cOlllllUnieatioh i$ strictly prohibited, rf you have received this t:onm.mic8tion in e....or. pleese
illlllOdietely notify u:!' by t'9lephone and retum ~"e or1gfnal lI'It8Bage to U6 at tnc ;:Jbovc address via the U,S,
Postal Service. Thank you.
If any problems occur in receiving this message, please call this
office at (305) 771-4500. Thank you.
k:\940225\roaemarie,fax
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SENT BY:
11- 7-95
17:21 :JOSIAS & GORE~. P.A.~
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Boynton Bch fax;# 2/11
IN THE CIRCUIT COURT or THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM REACH comny, FIDR:IDA
THE CITY OF BOVNTON BEACH,
a Florida municipal corporation,
CASE NO. CL 95 15~3 AN
Paroel. Number 1, 3, ., and 5
Pe'tit.ioner,
va.
HELEN SLOAN, NCNI5 NATIONAL 8AN:K 01"
FLORIDA, HOAZIE WINN a/KIa HOZlE L.
WINN, HUBERT KING, PAIl( BEACH COUNTY,
ERNESTINE McCLOUD, MONTGOMERY WARD
, CO., OTIS PAYNE and DOROTHY PAYNE.
Defendants.
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ORDER OF TAKING
THIS CAUSE cominq on to be heard by the Court on March 30,
1995, and it app$a~in9 that. proper notice was first qivan to all
t.he Defendants, and all persona havfnq or claiming any oquity,
(
lien, title, or other interest in or to the real property described
in ~h. Petition that the Pe~ition$r would apply to 'this Court on
the 30th day of March, 1995, for an Order of ~akinq, and the Court
being fully advised in ~he premises, upon consideration, it Is,
therefore,
ORDERED,
1. That the Court has jurisdiction over the subject matter
hereof and the parties to this cause.
2. That the pleadinqs in this cause are sufficient, and the
Petitioner is properly QXQrcisinq its dQleqated authority.
3. That the Estiaate(s) of value filed in this cause by the
Pe~i~ionQr wero ~3dA in good fai~h and based upon a valid
appraisal.
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SENT BY:
11- 7-95
17:21 ;JOSIAS & GOREN. P,A.~
Boynton Bch iax;# 3/11
4. Tha~ the Petitioner, CITY OF BOYNTON BEACH, is entitled
to the titlo intQrests sPQcified herein for the following described
property prior to the entry of a Final Judgment or if not, then
possession upon deposit of funda with tho Clerk of the Circuit
Court, to wit;
SENT BY:
11- 7-95
17:22 ;JOS1AS & GOREN, P.A,~
Boyn:on Bch fax;# 4/11
PARCEL NO. 1
LOTS 13 , 14, BLOCK 6, HAPPY HOME HEIGHTS, AS RECORDED IN
PLAT BoolC 11, PAGE 30, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORI:DA
OWNED BY:
SUBJECT TO:
HOAZIE L. WINN a/k/a R02IE L. WINN
LIEN OF INTERNAL ~VE.NUE SERVICE/UNITED STATES OP
AKERICA- DISCLAIMED.
FEE SIMPLE ABSOLUTE TITLE
GOOD FAITH ESTIMATE IN THE AMOUNT OF $38,000.00
SENT BY:
11- 7-95
17:22 ;JOSIAS & GOREN. P.A....
Boynton Beh fax:# 5/11
PARCEL NO. 3
LOTS 1, 2 , AND :) , BLOCK 6 ~ HAPPY HOMES HEIGHTS. AS
RECORDED IN pLAT BOOK 11, PACE 30, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, LESS THAT PORTION 0' lDTS 1 AND 2
CONVEYED FOR ROAD RIGHT-OF-WAY FOR SEACRES'l' BOULEVARD
OWNED BY: HELEN SLOAN
SUBJECT TO: MORTGAGE IN FAVOR OF NCNB NATIONAL BANK OF FLORIDA
FEE SIMPLE ABSOLUTE TITLE
COOD FAITH ESTIMATE IN THE AMOUNT OF $30,000.00
SENT BY:
11- 7-95
17:22 ;JOSIAS & GOREN. P.A,~
Boynton Bch fax;# 6/11
PARCEL NO. 4
THE SOUTH HALF OP LOT 44. SUBDIVISION OF LOT 3 OF
LANEHARTIS SUBDIVISION, AS RECORDED IN PLAT BOOK 10,
PAGS 39, PUBLI:C RECORDS OF PAUl BEACH COUNTY, FLORIDA,
LESS THE EAST 10 I FEET TH:eREOF j AND LESS THAT PORTION OF
ROAD RIGHT-OF-WAY ACCORDING TO DEED DOOK 541, PAGE 888,
OF SAID PUBLIC RECORDS.
OWNED BY: HUBERT KING
SUBJEC'r TOs NONE
FEE SIMPLE ABSOLUTE TITLE
GOOD FAITH ESTIMATE IN THE AMOUNT OF $3.100.00
SENT BY:
11- 7-B5
17:23 :JOSIAS & GOREN. P.A,~
Boyn:on Bch fax;# 7/11
PARCEL NO. 5
The south half (S.~) of Lo~ 42, Subdivision of
1,oi:. 5 LANEHARTS SUBDIVISION, as recorded in
Plat Book 1,0, Page 59, Public Recorde of Palm
Beach County, Florida., 10s=- t.hat portion of
road r1qht-or-way according to Deed Book 541,
Page 599, of said pUblic records.
ERNESTINE McCLOUD
FINAL JUDGMENT IN FAVOR OF MONTGOMERY WARD' co.,
INC.
INTEREST OF OTIS PAYNE AND DOROTHY PAYNE, IF ANY
FEE SIMPLE ABSOLUTE TITLE
GOOD FAITH ESTIMATE IN THE AMOUNT OF $4,100.00
OWNED BY:
SUBJECT TO:
SENT BY:
11- 7-95
17:23 ;JOSIAS & GOREN. P,A.~
Boyn:on Bch fax;# 8/11
upon payment into the Reqistry ot this Court of the deposit
hereafter specified, that the petitioner upon making ~aid payment,
the title interest specified in the petition in this cau~e for each
Parcel described herein shall vest in the Petitioner, and that said
deposit of money will fully secure and tully compensate the persons
lawfully entitlad to co.pensation as will be ultimately determined
by Final Judqmen~ of the Court, includin; but not limited to real
property taxea, which said sum of money to be deposited is in no
instance le~G than the value of each Parcel of said property as
fixed by the estimate of value ~Gt by tho potitioner.
PROVIDED, further, that the said sum of ~oney in the total
amount of seventy-rive Thousand TwO Hunc1red and no/lOa ($75,200.00)
DOLLARS shall be deposited in the Registry of this Court wi~hin
twenty (20) days after the date of this order, and upon makinq such
deposit, the Petitioners 6hal1 notify in writlnq all attorneys or
record and those Defendants not represented by counsel tha~ the
deposit has been made, and the petitioner shall be entitled to
iJlUlediate poss9ssion of Parcel Hos. 4 and 5 described herein
wit-hout furthor Notice or Order of this court..
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PROVIDED, fur~her, that this Court shall retain jurisdiction
to enter such further orders as are required including but not:
limited to Writs of Possession for Parcel Nos. 1 and J and to
apportion tbe qood ~aith deposit.
ORDERED in Chambers at the Palm Beach County Courthouse, West
Palm Beach, Florida, this
day ot March, 1995.
"1,11
CIRCUIT COURT
MAR 3 0 1995
Jld...... :,..t;;.o.,;,,', (i~I',;'I€T
SIGNEO AND OATe.O A TRUE COpy
SENT BY:
11- 7-95
17:24 ;JOSIAS & GOREN. P.A.~
Boynton Bch fax:# 9/11
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THI CITY OF BOYNTON BEACH,
a Florida ~unicipal corporation,
IN THE: CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CASE NO. CL 95 1593 AN
Parcels Number 1 and 3
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PCl~itionQr,
VB.
HELEN SLOAN, NCNB NATIONAL BANlt OF
FLORIDA, HOAZIE'WINN a/k/a HOZIE L.
WINN, HUBERT KINO, JOHN ~. CLARK,
TAX CO LLBCTOR, ERNE5TINE McCLOUD,
MONTGOMERY W~D & CO., OTIS PAYNE
end DOROTHY PAYNE.
oetenc1ants.
ORDER ORk,,{'I'nH~
PETITIONER'S MOTION
tOR WRIT OF POSSESSION
/
THIS CAUSE having come on to be heard on Petitioner's, THE
CITY OF BOYNTON BEACH'S Motion tor writ ot possession t ana tns
Court having heard argument of counsel, and beinq otherwise advised
in the premises, it is hereupon,
ORDBRED AND ACu-UOGED that:
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1. Petitioner's Motion is granted.
2. Petitioner shall recover possession of the premises known
a8: Parcel No.1:
LOTS 13 , 14, BLOC:I< 6, HAPPY HOME HEIGHTS, AS
RECORDED IN PLAT BOOK 11, PAGB 30, puetIc
RECORDS OF PALK BEACH COUNTY, FLORrOA
a/k/a 144 N.W. 12th Avenue, Boynton Beach, FL 33435
'Owned by: Hoa~i. L. winn, A/k/D Hozie L. Winn
Parcel No.3:
LOTS 1 , 2 , ANP J , BLOCK 6, HAPPY HOMES
HEIGHTS, AS RECOR05D IN PLAT BOOK 11, PAGE 30,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
LESS THAT PORTION OF LOTS 1 AND 2 CONVEYED FOR
ROAD RIGHT-OF-WA~ FOR SEACREST BOULEVARD
a/k/a 108 N.W. 12th Avenue, Boynton Beach, FL 33435
OWnea by: Helen Sloan
, 0'
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SENT BY:
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11- 7-95
17:24 ;JOSIAS & GOREN. P.A.~
Boynton Bch fax;#10/11
twenty-four (24) hours after notice has been conspicuously posted
on the premises. ~e Clerk is directed on or after July 19. 1995. \4.!4!\
to issue a writ of possession to the Sheriff directing him to put \,,",
Plaintiff in PossQ~sion of the premises identifi.ed above. Title to
the li:1.lbj.Q't property shall not transfer or ot:harviSi:Q ves:t in th.e
Petitioner, regardless of tho Petitioner-a ogood faith depoait into
t.he Court Regi.st.ry, unle~s and until t.he De.fendants vaoate the
premi5ea or the sheriff levies d writ of poasession.
DONE AND ORDERED, in Chambers, at We~t PQ1~ Beach, Palm 5each
county, FlorIda, this
~ay of April, 1995.
APR ,;..~, 19~
rMXiI RIDtMO I. WIliJIlm'
CIRCUIT JUDGE~~" rII.1ID.A ,.. QII>l'
copies furnished to:
Kerry L. Ezrol, Esq., Josias & Goren, P,A., 3099 E. Commercial
Blvd., '200, Fort Lauderdale, FL 33308
Michael D. Brown, Esquire, 2655 North Ocean Drive, suite 200,
Singer Island. Rivier~ Beach, FL
k;\~\f\tmfndOM\bb\order
SENT BY:
11- 7-95
17 :25 ;JOSIAS & GOREl\'. P. .L:-<
Boynton Bch fax;#11/11
IN THB CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
POR PALM BBACH COUNTY, FLORIDA
THE CITY OF BOYNTON BEACH,
a Florida municipal corpQratlon,
petitioner,
CASE NO. CL 95 1593 AN
Pa~ce15 NUKwer 1, 3, 4, ~nd 5
VlI.
HELEN SLOAN, NCNB NATIONAL BANK OF
FLORIDA, HOAZIE WINN a/k/a HOZIE L.
WINN, HUBERT RING, JOHN K. CLARK,
TAX COLLECTOR, ERNESTINE McCLOUD,
MONTGOMERY WARD & CO., OTIS PAYNE
and DOROTHY PAYNE.
Defendants.
~9T~CB OY DEPOSIT
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Plaintiff, THE CITY OF BOYNTON BEACH, by and through
undersigned counsel, qives notice that it deposited into the Court
Registry, Fifteenth Judicial Circuit, on April lS, 1995, ~hQ amoun~
of $15,200.00, pursuant to the Order of Taking dated March 30,
1995.
I HEREBY eERTIFY ~hat on this ~ d~y of April, 1995, a true
and correct copy of the foregoinq document was furnished via U,S.
Mail to; Kichael D. B~OWD, B.quire, 26~5 North Ocean Orive, suite
200, Sinqer I~land, Riviera Beach, FL 33404 and Barry 5. >>almuth,
Bsqu1re, Assistant couny Attorney, post Office Box 1989, West Palm
Beach, FL 33402.
1
JOSIAS , GOREN, P.A.
3099 East Commercial Boulevard
suite 200
Fort Lauderdale, Florida 33308
(305) 771-4500
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615900
k:\w\f\emfndOm\bb\depOllt.not
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REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to
have a Legal Notice or Legal Advertisement published and must be
submitted to the Office of the city Attorney eight (8) working days
prior to the first publishing date requested below.
ORIGINATING DEPARTMENT: P1annina and Zonina Department
PREPARED BY: Michael Rumpf
DATE PREPARED: Oct, 16. 1995
BRIEF DESCRIPTION OF NOTICE OR AD: Rec1assifYinq and rezoninq
property west of Seacrest Blvd,. between NW 13th Avenue and NW
11th Avenue, which is beinq processed as Poinciana. Elementary
School, For hearinq dates see attached advertisement,
"'? ...)\)
SPECIAL INSTRUCTIONS AND REQUIREMENTS: {Size of Headline, Type
Size, Section Placement, Black Border, etc,}
as required by Florida Statutes
SEND COPIES OF AD TO: Newspaper, P1anninq Department
\'
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NEWSPAPER(S) TO PUBLISH: The News
DATE(S) TO BE PUBLISHED: To be determined by City Clerk
APPROVED~: ,
( 1 ) d ~Lt'- 2/'1,/ ,t<-..-
(Department ead)
(Date)
( 2 )
(City Attorney)
(Date)
( 3 )
(city Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
a:POINC.AD
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the planning and Development Board of
the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:00 P.M., or as
soon thereafter as the agenda permits, on Tuesday, November 14,
1995, at City Hall Commission Chambers, 100 East Boynton Beach
Blvd" Boynton Beach, to consider an application for REZONING
covering the parcel of land described below, Also, a PUBLIC
HEARING will be held by the City Commission of the City of Boynton
Beach on the request below on November 21, 1995 at 7:00 P,M, at the
Commission Chambers, or as soon thereafter as the agenda permits,
APPLICANT: The School Board of Palm Beach County
AGENT: Jan C, Hansen
LEGAL DESCRIPTION: South half of Lots 42, 43, 44, and 45,
and south half of the W 30,85' of Lot 1
of the subdivision of Lot 3, Lanehart's
subdivision according to Plat Book 10,
page 39 of the Palm Beach County publiC
records,
And together with , ,
Lots 2 thru 10, Block 6, and W 9,05' of
Lot 1, Block 6 of the Happy Horne Heights
Subdivision according to plat Book 11,
page 30 of the Palm Beach County public
records,
And together with . , ,
Lots 13, 14, 15, and 16 Block 6 of the
Happy Home Heights Subdivision according
to Plat Book 11, page 30 of the Palm
Beach County public records,
.
PROJECT NAME:
Poinciana Elementary School
PROPOSED USE:
Expansion of existing school campus
LOCATION:
Multiple parcels totaling 1,50 acres
located on the west side of Seacrest
Blvd" between NW 11th Avenue and NW
13th Avenue,
REQUEST:
Reclassify from MeDR (Medium Density
Residential) to PPGI (Public & Private
Governmental/Institutional),
REQUEST:
Rezone from R-1-A (Single Family
Residential) and R-2 (Sing1e- and Two-
Family Dwelling District) to PU (Public
Usage) .
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 and Development Board or the
City Commission with respect to any matter considered at this
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. please call (407) 375-6260 if there are
any questions on this information,
MISCX,POINCNEW,AV
THE SCHOOL BOARD
OF PALM BEACH COUNTY, FLORIDA
DR. C. MONICA UHLHORN
SUPERINTENDENT
OF SCHOOlS
PLANNING, CONSTRUCTION & REAL ESTATE
3320 FOREST HILL BOULEVARD, SUITE C-331
WEST PALM BEACH, FL 33406-5813
(407) 434-8020 FAX (407) 434-8187
Ms. Carrie Parker, City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
PO Box 310
Boynton Beach, Fl 33425-0310
July 14, 1995
Re: Poinciana Elementary School - N. W. 12th Avenue Roadway Abandonment Application
Dear Ms. Parker:
Please find attached to assist the City staff three (3) copies of the Abandonment Application for
the above referenced school site with the following attachments:
1. Exhibit "A" - Legal description of parcels for abandonment
2. Exhibit "B" - Plat Dedication for each parcel to be abandoned
3. Exhibit "C" - The fully executed Site Expansion Interlocal Agreement between
School Board of Palm Beach County and the City of Boynton Beach for Poinciana
Elementary School site
Pursuant to the provisions of the Interlocal Agreement between the Boynton Beach City Council
and the Palm Beach County School Board the District has acquired and owns properties on both
sides of N.W. 12th Avenue, from Seacrest Boulevard to 1st Street, as shown on the attached
property map.
The site plan for the new Poinciana requires abandonment of this street. We hope that the
Interlocal Agreement approval by our respective boards and the application information attached
will enable the City and staff to administratively handle our abandonment request.
e (:l
Plann Specialist (Educa
Planning and Real Estate
AAH:cd
Attachments
H :\data\wp51 \doc\es.poe
Wilford Hawkins
'm.o ~BtesIfi-Wj- ........'....: ,
! 1::1
JUL 1 8 1995 : l~Y
xc: Michael J. Murgio/p&RE File
Tambri Hayden
~
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,1'r6lPP.
LEGAL DESCRIPTION
OF
PARCELS FOR ABANDONMENT FOR
POINCIANA ELEMENTARY SCHOOL
BOYNTON BEACH, FLORIDA
PARCEL 1:
Being all of that portion of the street right-of-way lying south of Lots 41 through 52,
SUBDIVISION OF LOT 3 OF LANEHART'S SUBDIVISION OF THE SOUTH HALF (S 1/2) OF
NORTHEAST QUARTER (NE 1/4), SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
as recorded in Plat Book 10, Page 39, Public Records of Palm Beach County, Florida, and
all that portion delineated as "Washington Ave" lying north of Block 5, HAPPY HOME
HEIGHTS as recorded in Plat Book 11, Page 30, Public Records of Palm Beach County,
Florida, all lying west of the westerly right-of-way line of Seacrest Boulevard, and said portion
being more particularly described as follows:
BEGINNING at the northwest corner of Lot 16, Block 5, of said HAPPY HOME HEIGHTS;
thence South 89035'28" East along the north line of Lots 2 through 16, Block 5, a distance of
619.04 feet to the westerly right-of-way line of Seacrest Boulevard as delineated on the Palm
Beach County Engineering Right-of-Way Map No. 3-76-374 R/W, Sheet 5 of 5, dated August
18, 1976; thence North 01043'38" West along said right-of-way line, 35.02 feet to the south
line of said Lot 41, SUBDIVISION OF LOT 3 OF LANEHART'S SUBDIVISION; thence North
89035'28" West along the south line of said Lots 41 through 52, SUBDIVISION OF LOT 3 OF
LANEHART'S SUBDIVISION, 618.75 feet to the southwest corner of said Lot 52; thence
South 01015'57" East along the west line of said SUBDIVISION OF LOT 3 and the west line
of HAPPY HOME HEIGHTS, 35.02 feet to the POINT OF BEGINNING.
Above described parcel contains 21,661 square feet (0.497 acres), more or less.
PARCEL 2:
Being all of that portion delineated as "Uncoln Avenue" lying between Blocks 5 and 6, HAPPY
HOME HEIGHTS, as recorded in Plat Book 11, Page 30, Public Records of Palm Beach
County, Florida, and lying west of the westerly right-of-way line of Seacrest Boulevard, and
extended westerly into the northwest quarter of Section 21, Township 45 South, Range 43
East, said portion being more particularly described as follows:
BEGINNING at the northwest corner of Lot 16, Block 6, HAPPY HOME HEIGHTS; thence
South 89035'52" East along the north line of Block 6, a distance of 608.73 feet to the westerly
right-of-way line of Seacrest Boulevard as delineated on the Palm Beach County Engineering
Right-of-Way Map No. 3-76-374 R/W, Sheet 5 of 5, dated August 18,1976, being a point of
curvature; thence southeasterly along an arc of a curve concave to the southwest having a
radius of 20.00 feet, a central angle of 86000'17", an arc distance of 30.02 feet to a tangent
LS 6830
Sheet 1 of 6
EXHIBIT "A"
point of cusp; thence North 03035'35" West along said westerly right-of-way line of Seacrest
Boulevard, 80.19 feet to a tangent point of cusp; thence southwesterly along an arc of a curve
concave to the northwest having a radius of 20.00 feet, a central angle of 93059'43", an arc
distance of 32.81 feet to the south line of Block 5 and a point of tangency; thence North
89035'52" West along the south line of Block 5, a distance of 604.31 feet to the southwest
corner of Lot 17, Block 5; thence continuing North 89035'52" West along the westerly
extension of the south line of Block 5, a distance of 93.46 feet to the southerly extension of
the west line of Lot 508, CHERRY HILLS, as recorded in Plat Book 4, Page 58, Public
Records of Palm Beach County; thence South 01014'57" East along said southerly extension
of the west line of Lot 508( being the same as the southerly extension of the east line of Baker
Street according to said plat of CHERRY HILLS), 40.02 feet to the westerly extension of the
north line of said Block 6, HAPPY HOME HEIGHTS; thence South 89035'52" East along said
westerly extension, 93.47 feet to the POINT OF BEGINNING.
Above described parcel contains 28,975 square feet (0.665 acres), more or less.
PARCEL 3:
Being all of that portion delineated "5' Reservation" lying north of Lot 10, MEEK & ANDREWS
ADDITION as recorded in Plat Book 12, Page 46, Public Records of Palm Beach County,
Florida, and lying west of the westerly right-of-way line of Seacrest Boulevard, said portion
being more particularly described as follows:
BEGINNING at the northwest corner of said Lot 10; thence South 89035'52" East along the
north line of Lot 10, a distance of 69.44 feet to the westerly right-of-way line of Seacrest
Boulevard as delineated on the Palm Beach County Engineering Right-of-Way Map No. 3-76-
374 R/W, Sheet 5 of 5, dated August 18, 1976; thence North 03035'35" West along said
westerly right-of-way line, 5.01 feet to the south line of Block 6, HAPPY HOME HEIGHTS, as
recorded in Plat Book 11, Page 30, of said Public Records; thence North 89035'52" West
along said south line of Block 6, a distance of 69.23 feet to the northerly extension of the west
line of said Lot 10, MEEKS & ANDREWS ADDITION; thence South 01015'57" East along said
extension, 5.00 feet to the POINT OF BEGINNING.
Above described parcel contains 347 square feet (0.008 acres), more or less.
PARCEL 4:
Being that portion delineated as "6' Easement for Public Utilities" lying in the easterly six feet
(6') of Lots 508 through 517, CHERRY HILLS, as recorded in Plat Book 4, Page 58, Public
records of Palm Beach County, Florida.
The Seacrest Boulevard base line as shown on said Palm Beach County Engineering Right-of-
Way Map No. 3-76-374 R/W bears North 01016'27" West, and all other bearings referred to
herein are relative thereto.
LS 6830
Sheet 2 of 6
%e City of
'Boynton 'Beacli
100 'E. 'Boynton 'Beam 'Boukvanl
P.O. 'Bo;c310
'Boynton 'Beadi., %mtIa 33425-0310
City:JfaJl: (407) 375-6()()()
:FAX: (407) 375-6090
Fax Number (407) 434-8187
June 30, 1995
Agustin A. Hernandez
Government Liaison Coordinator
3320 Forest Hill Boulevard, Suite C-331
West Palm Beach, Florida 33406-5813
Re: Poinciana Elementary School - major site plan modification
(courtesy review)
Dear Mr. Hernandez:
Please find attached the Technical Review Committee courtesy
comments regarding the review of the above-referenced project.
If I can be of further assistance, please contact me at (407) 375-
6260.
Very truly yours,
~Lt?E 40
.' Mic ael E. Haag
'~l ning and Zoning Administrator
MEH:dim
Attachments
cc: Wilfred Hawkins
Central File
.:ElellSchool.ltr
.:;Imema s (jateway to tfie (julfstream
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-317
TO:
FROM:
Tambri J. Heyden
Planning and zonin~ ~irector
Michael E. Ha~E.~
Site and Zoning ~lopment Administrator
June 30, 1995
DATE:
SUBJECT:
Poinciana Elementary School - courtesy site plan review
Courtesy review of Poinciana Elementary School - Palm Beach County
School and a complete review will be performed upon formal
submittal for site plan review. It is recommended that the
applicant obtain the city's land development regulations. The
following comments are from a cursory review of the plans:
1. The property shall be rezoned to Public Usage (PU) prior
to development approval of the school. The school
property and new school building are located within the
PU, R-1-A and R-2 zoning districts. Note: The maximum
structure height allowed in the R-1-A and R-2 residential
zQning districts is 25 feet. The height of the school is
28 feet. Schools located in residential zoning districts
require conditional use approval.
2. Approval of right-of-way and easement abandonment is
required prior to construction of the new school
building.
3. I recommend that the school property be platted.
4. Site plan review is required to develop the property when
the land has been rezoned to Public Usage.
5. Install sidewalks meeting city's standards adjacent to
all city streets. Install a city's standard cul-de-sac
at the west dead-end of N.W. 11th Avenue.
6. It is recommended that all city streets that abut the
school site remain independent of the school property.
7 . Add to the required parking computations, one (1) parking
for each three hundred (300) square feet of gross floor
area for the detached (existing) administrative office
building. [Chapter 2 - Zoning, Section 11. H. 9. and
Section 11. H. 16 . ( 20 .) of the City's Land Development
Regulations. ] Show on the plans no less than the
required number of parking spaces. It is recommended
that one (1) parking space for each teacher's aide be
added to the number of required spaces for the school
site.
8. The following comments will consist of pages from the
city's land development regulations that have a symbol
identifying the section of the code wherein the plan is
deficient:
NOTE: The numbers at the bottom of the page refer-
ence chapter and page within the city's land devel-
opment regulations. The number at the top of the
page either references the section or article
within the chapter.
MEH:dim
xc: Central File
.:BleSchool.lIem
BUILDING DIVISION
MEMORANDUM NO. 95-218
~~~W8E~1D
June 30, 1995
To:
Tambri J. Heyden, Planning & Zoning Director
From:
Al Newbold, Deputy Building Official
TRC COMMENTS - SITE PLAN REVIEW
POINCIANA ELEMENTARY SCHOOL
Re:
Per your request, the Building Division has reviewed the plans
for the above project and has no comments.
Al~~#
AN:SD
cc: William V. Hukill, P.E., Building Official
A:TRC.PRM
MEMORANDUM
Utilities #95-215
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PLANNING AND ..s'
ZONING DEPT.
TO:
Tambri 1. Heyden,
Planning & Zo .
FROM: John A. Guidry,
Director of Utilities:
DATE: June 30, 1995
SUBJECT: Poinciana Elementary School - First Review
Staff has reviewed the above referenced project and offers the following comments:
1. Palm Beach Health Department permit will be required for water main,
(Sec.26.12).
2. Inspection on removal or abandonment of existing water and sewer utilities is to be
coordinated through the City of Boynton Beach Utility Department.
3. Proposed 12 foot utility easements shall be shown on the site plan, (Sec. 26.33[aD.
4. Dual (parallel) backflow preventors are requested on your proposed domestic
water meter, (Sec. 26.107).
5. Please provide a 611 sanitary sewer cleanout approximately one foot inside property
per Utility Department Standards, (Sec. 26.33[bD.
6. All utilities construction shall be in accordance with City of Boynton Beach
approved criteria, (Sec. 26-32).
It is our recommendation that the plan proceed through the review process.
If you have any questions regarding this subject, please contact Skip Milor at 375-6407 or Peter
Mazzella at 375-6404.
19b
xc: Clyde IISkip" Milor
Peter Mazzella ~
File
TO:
FROM:
DATE:
REF:
BOYNTON BEACH POLICE DEPARTMENT
TRAFFIC UNIT
T AMBRI HEYDEN, PLANNING & ZONING DIRECTOR
SGT. MARLON HARRIS, POLICE DEPARTMENT
26 JUNE 95
POINCIANA ELEMENTARY SCHOOL MEMO #0147
I have reviewed the site plan for the abov~:::1f'Sted:::~t~::a:a'd find"no immediate problems or
concern s. .:;::::;:::::::;::;:;~::::;~:;:::.;::;::..:....:::::.:. f.......t .:::":::;:i:~::':/::;:i:;::::;.::::::::.
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MEMORANDUM
TO: 14 /11t{3t\" Ilitb~{,,.,) I f LA;II ~uV-C t ~ D-v',",c ~ h/R.ecrOt~
FROM: -S ol-/iV \,J ~ t..- bj'\l~~, fMk.) S \ApT' JA I
DATE: ~/~fl'j.5 fir-'
N~vJ
RE: Site Plan Review - New Site Plan - AmQRg~d Plans
proj ect: (JOl/VC-.. AN" F Lfi,h ~# 1A~ S c..-t-l" :)
After reviewing the
referenced project
Department recommends
the Planning and
consideration.
amended 'plans for the abo'i.e
the f{e,c; If.t-A ,ie.,J Ii- f~ k U~t::r
that the project be forwarded to
Development Board for their
This department will not be required to sign-off the
permit documents associated with the subject project.
C:AMEND1.ALD
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Utilities #95-215
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PLANNING AND
ZONING DfPT.
TO:
Tambri J. Heyden,
Planning &. Zo"ector
John A. Guidrv, \ \
Director oruiilities\
U
::00
,I.
.
!
FROM:
DATE:
June 30, 1995
SUBJECT: Poinda:na Elemental)' Scbool- Fint Review
-'
Staff has reviewed the above referenced project and offers the followin8 comments:
1. Palm Beach Healtb Department permit will be required for water main,
(Sec,26.12),
2. Inspection on removal or abandonment of existing water and sewer utilities is to hI:'
coordinated through the City of Boynton Beach Utility Department.
3. Proposed 12 foot utility casements :thall be shown on the lite plan, (See 26.33[a]),
4. Dual (parallel) backflow preventors are requested on your proposed domestic
water meter, (Sec. 26.107).
5. Please provide a (5" sanitary sewer c1ea.nout a.pproximately one foot inside property
per Utility Department Standards, (Sec. 26.33[b]).
6. All utilities construction ihall be in ac.cordance with City of Boynton Beach
approved Gritcria. {Sec. 26-32}
It is our recommendation that the plan proceed through the review process,
If you ha.ve any questions regarding this subject., please contact Skip Milor at 375.6407 or Peter
Mazzella at 375-6404.
19b
xc: Clyde "Skip" :Milor
Peter M~lli e,;..
File
I"I'OIft
Post-If' Fax Note 7e11
To ,-;-. I
.'t;:i
CO.lDept' ;~j{, ,,; ::),. ,J..
F'tlone /I.
0111.
Co.
1"..1/ .3 7)"' ~t.J.'ii
TO:
FROM:
DATE:
RE:
FIRE PREVENTION MEMORANDUM NO. 95-287 BB
Planning Department
Fire Department
June 29, 1995
Poinciana Elementary School
We have no comments at this time.
~/~?lbf
Bob Borden, FPO I
\.
."
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KfJ~9'/
This Instrument Prepared by:
Agustin A. Hernandez with Robert A. Rosillo
and should be returned to:
Robert A. Rooillo. Associate Counsel
The School Board of Palm Beach County
3318 Forest Hill Boulevard
West Palm Beach. Florida 33406-5813
SITE EXPANSION INTERLOCAL AGREEMENT BETWEEN THE
SCHOOL BOARD OF PALM BEACH COUNTY AND THE CITY
OF BOYNTON BEACH FOR POINCIANA ELEMENTARY SCHOOL SITE
TInS AGREEMENT, between the School Board of Palm Beach County and the City of
Boynton Beach, Florida, entered into this _ day of
,19_, between the SCHOOL
BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution
of the State of Florida (hereinafter referred to as "SCHOOL BOARD") and the CITY OF BOYNTON
BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as "CITY").
WIT N E SSE T H:
__ II
WHEREAS, it is the intent of the Local Government Comprehensive Planning and Plan
Development Regulations Act, Section 163.3161(4), Florida Statutes, to encourage and ensure
cooperation between and among the local governmental entities to provide for the coordination of
development activities of ~nits of local government; and
L'
WHEREAS, the SCHOOL BOARD is the controlling body of the Public Schools of Palm
Beach County, Florida, and does own and operate public schools in the City of Boynton Beach; and
WHEREAS, this Agreement is entered into under the authority of Section 163.01, Florida
Statutes, Local Government Comprehensive Planning and Plan Development Regulations Act; and
WHEREAS, the SCHOOL BOARD and the CITY recognize the recommendation within the
Resolution No. R-92-209 from the City of Boynton Beach attached hereto and incorporated by reference
as Exhibit "1", which encourages the City and School Board to publicly and jointly pursue acquisition
of adjacent parcels of properties in and around the campus of Poinciana Elementary School as shown on
Exhibit "2" attached hereto and incorporated by reference and,
H:\data\~p50\doc\agreem\\inlerloc.poe _ __
AAH:bf 6\11\93
Exhibit "C"
WHEREAS. the SCHOOL BOARD and CITY believe that ajoint use educational/recreational
facility adjacent to the existing Poinciana Elementary School boundaries will be mutually advantageous
for the community and students; and
NOW, THEREFORE, for and in consideration of the covenants herein contained, the parties
agree as follows:
1. The SCHOOL BOARD shall present sale and purchase contracts to the property owners
of properties to be acquired by the Board and by the City shown on exhibit "2" within 45 days of
approval of this agreement.
Contracts for sale and purchase of properties for SCHOOL BOARD use will be
administered by the SCHOOL BOARD Real Estate Department.
Contracts for sale and purchase of property for City use will be administered by the
School Board Real Estate Department and coordinated with the City Managers office.
. "
Cost associated with the acquisition and due diligence for the acquisition of parcels shall
be included in the total cost of each parcel. ie. Appraisals, Surveys, Environmental Studies. Title
Research, and demolition cost of existing structures.
The Total cost of property acquisitions shall be split on a equal basis between the School
Board and the City, not to exceed $500.000 for each party, unless circumstances warrant that this cap
be raised. in such event the School Board and the City must mutually agree to do so.
2. The SCHOOL BOARD is to acquire properties as shown on Exhibit "2". with the
procedures outlined in paragraph 1 written above. However, in an event of an uncooperative seller, the
...
CITY shall exercise its power of eminent domain. Upon written notification from the School Board the
City shall proceed with a quick taking within 60 days of notice. In the event of an eminent domain
proceeding, the City will be solely responsible for the relocation cost if any, and legal fees associated
with any quick take procedings, subject to the provisions and limitations of Chapter 73 and 74. Florida
Statues. Costs associated with acquisition and due diligence shall be split on an equal basis between the --
City and School Board as described in Paragraph one.
~- - .
H: \data\wp50\doc\agrcemt\interloc.poe
2
AAH:bf 6\11\93
3. All properties are of equal importance for the success of the project and acquisition of
properties shall be handled expeditiously, however all properties must be acquired or under contract for
purchase prior to May IS, 1994.
4. In the event the CITY and the SCHOOL BOARD are unable or are unsuccessful in
acquiring title to the properties described in Exhibit "2" prior to May IS, 1994 either party may cancel
this Agreement. The time for performance may be extended by mutual agreement by both parties. Both
parties shall be relieved of all duties and responsibilities hereunder by providing 10 days prior written
notice, however all costs incurred to date, except those identified elsewhere in this agreement as being
the sole responsibility of the City, will be split on a equal basis by the parties.
5. Upon the acquisition of properties on the south side of N.W. 12th Avenue by the School
Board, the CITY shall abandon to the School Board N.W. 12th Avenue between Seacrest Blvd and 1st
Street.
". 0
6. Following the acquisition of properties on the west side of N.W. 1st Street the CITY
shall abandon to N.W. 1st Street between N.W. 13th Avenue and the end of N.W. 12th Avenue. All of
the above shall be abandoned no later than 60 days after all of the properties listed in exhibit 2 are
.
acquired.
':"~
7. Notice shall be given by the School Board to all utility providers. Any public utilities
such as electric, gas, telephone, and cable T. V. shall be removed at the utility owners expense and the
party shall endeavor to remove said utilities within a reasonable time from date of notice.
The CITY shall relocate city utilities such as water, and sewer, from the abandoned
...
rights-of-ways, at the CITY's cost only as necessary to improve the school campus, as determined by the
School Board project architect.
8. The CITY shall retain title to all properties currently held by the City located west of
N. W. 1st Street. Titles to properties acquired under the terms of this agreement which are located west
of N.W. 1st Street and shown on exhibit "2" shall be retained by the City. Such properties shall be used -
in accordance with the provisions of a Joint Use Agreement, between the City and The School Board.
H: 'w.lata\ wp50\doc\agreeml\ i nterloc. poe
3
AAH:bf 6\11\93
Titles to all other properties acquired under the terms of this agreement shall be retained by the School
Board.
9. The joint use recreational property which includes the Wilson Center and the City pool
property shall be improved to meet the criteria of the American Disabilities Act and Florida
Administrative Code Chapter 6-A2 standards. The City shall construct, implement and maintain facilities
located at the Wilson Center at the City's sole expense.
10. Contemporaneously with the execution of this agreement the parties shall execute a Joint
Use Interlocal Agreement for the perpetual use of facilities located at the Wilson Center and the Poinciana
Elementary Campus. The Joint Use Interlocal Agreement shall permit the use of the Poinciana
Elementary School Facility by the City and the School Board the use of the adjacent City facility known
as Wilson Center.
11. The SCHOOL BOARD shall construct and make improvements to the Poinciana
Elementary School as may be necessary to implement the proposed Math Science Technology Magnet
~. 0
Program as described in the Magnet School Assistant Program Grant Application for the 93-94 federal
funding cycle.
12. In the event that litigation between the City and School Board shall be necessary for the
enforcement of this Agreement on behalf of either party, then each party shall bear its own attorneys' fees
and costs incurred in said litigation.
13. If any tenn or provision of this Agreement shall, to any extent, be deemed invalid or
unenforceable prior to January 1, 1994, the remainder of this Agreement should be canceled as herein
provided by law.
14. Amendments to this agreement must be made in writing and, can be made by the mutual
consent and consign by both the CITY and the SCHOOL BOARD.
15.
This agreement will not be construed against the party who drafted the same , both
parties have had experts of their choosing to review this Amendment.
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I HEREBY CERTIFY that on this date before me, an officer duly'authorized in the State and
County named above to take acknowledgements, personally, appeared Gail Bjork, Chainnan and C.
Monica Uhlhorn, Superintendent of the School Board of Palm Beach County, Florida, and they
acknowledge before me that they had executed the foregoing instrument as said officers and that they also
affixed thereto the official seal of the School Board.
SWORN to and subscribed before me this ~ day ~. 1993.
SCHOOL BOARD OF
PALM ACH COUNTY
Signed in Presence of:
~~~
ST ATE OF FLORIDA
COUNTY OF PALM BEACH
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MY C,)I--'!v'lI:.::J ;)1'; ('''" . !,I)~" ':>';, ,,'9~ J
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I HEREBY CERTIFY that on this date before me, an officer duly authorized i~e State and County
e-
named above to take acknowledgements, personally appeared Jose Aguila as ayor, and Sue Kruse
as City Clerk of the City of Boynton Beach, Florida, and they acknowledged before me that they had
executed the foregoing instrument as said officers and that they also affixed thereto the official seal of
the City, .
o 'r(
SWORN TO and subscribed before me this
lie day of r' 1993.
Signed in Presence of:
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Approved as to form aRd l~al f)1:lff\\X.R~Y ~:
Approved:
City Attorney
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RESOLUTION R92--fd~ -'
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A RESOLUTION OF THE CITY COMMISSION or
THE CITY OF BOYNTON BEACH. FLORIDA;
URGING THE PALM BEACH COUNTY SCHOOL BOAM
NOT TO CLOSE POINCIAlfA ELEMENTARV SCHOOL
AND KEEP SAID SCKOOr. OPEN AS ";, PRE-
KINDERGARTEN THROUGH GRADE 5 MAGNET
SCKOOL; AND PROVIDING AIf EFFECTIVE DATE.
,'y
WHEREAS, In order. t.o maInt.aln the vlabllity at our
t coastal schools and to Insure t.he continuity at neighborhood
:i schooh; and
.J WHEJU:AS, t.he 1lI4gnet .chool concept. 1. a proven ..e4n. to
;i ass1st 1n achieving racial balance and enhancing the quality
. 0 f edueatlon; and
"
"i WHEREAS, the City CO:M1issIon of the City of Boynton
~I' Beach, Flor1da deelllS 1 t to be in the beat inter.ata of the
citizens and residents of the City of Boynton Beach to urge
rl the Pallll Beach County School Board to )t.ep Poinciana
:j f:lelllentary School open; and
'I WHERUS, the City COllllRlas1on of the C1ty of Boynton
I Beach, Flor1da urge. the Pallll Beach County School Board to
I apply the neceasary resource. to .stablish a a4gnet- progralll
l. (lIontenorl preterred) at said School, which wll1 benefit the
Ii st\lCSents frolll an educatIonal standpoint aa well as allow them
~i to attend 8chool in the nelghborhood 1n wh1ch they 11.,..
;1 NOW, 't'HEIlEFOIlE, BE IT RJ:SOLVE1) BY THE CITY COKKISSIOH OF
:l THE CITY' OF BOYNTON BEACH, FLORIDA, THAT' -
il Section 1. The CUyrCollllda.lon of the CIt.y of Boynton
/1 Beach, Flor1da doe. hereby' urge the Pal. Beach County School
Board to k.ep Poinc1.n,s Elementary School open .s a pre-
i kindergarten to 5th grade fac11ity And e.tabl1ah a a&gnst
il p~ogram a~ the school.
!! Section 2. The City COlllllllss10n of the Clty of Boynton
'I Beach, rlorid. hereby directs the Clty Clerk to provide a copy
i of thI. Re.olutlon, upon pas.ag.,. to the Pal. Beach County
:j School Board. (' .,
. II
,. Section 3. Thill Resolut10n wll1 become' effective
. ,I Immediately upon passage.
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PASSED AND ADOPTED this ~ day of December, 1992.
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Commissioner
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DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM NO.
TO:
Tambri J. Heyden, Planning & Zoning
~iam Hukill, P.E., City Engineer
June 23, 1995
FROM:
DATE:
RE:
POINCIANA ELEMENTARY SCHOOL
I met several weeks ago with the architect's representative on this
project and we both agreed to extend 11th Avenue straight west to
NW 1st Street. Please have the School Board provide corrected site
plan to reflect that agreement.
Please also notice that NW 11th Avenue is depicted as a two-way
street to the west end of the building, and then becomes one-way,
thus creating an impossible condition. It should be one-way
westbound.
The traffic where buses exit the property onto Seacrest is also
virtually impossible because parents will use that exit to utilize
the east drive and thus left turn in front of buses. Additionally,
the mix of staff vehicles and buses at the north entrance doesn't
work nearly as well as placing a two-way separate entrance into the
staff parking lot from NE 13th Avenue.
The site appears to be about 8~ acres. Until recently the School
Board required 20 acres for new elementary schools, each of which
was designed for 700~ students. Now they have increased the size
of their prototype school about one third (to 950I) and reduced
required sites by something like 50%, to 10 acres. The proposed
plan shows what happens when you try to accomplish too much with
too little. The only open spaces on the plan are a soft ball field
with 175 foot foul lines, and a 170' x 104' paved play area. An
oblong (70 x 300I) area along seacrest has no use because it is a
water retention area. The rest of the site is covered by pavement
or building. Total available for kids activities, including both
grassy and paved is a little over an acre.
The issue of school size does not appear to have been addressed.
The proposed capacity of 820 is substantially greater than the
number I was given by the City Manager's office.
The off-site acreage indicated in the notes on drawing G-I does not
show up on any of the drawings, unless perhaps it is the shaded
area along the canal shown on G-l which has a length to width ratio
greater than 30 to 1, thus rendering it unusable for student
activities.
Development Dept., Engineering Div. Memo No. 95-204
Re: poinciana Elementary School
June 23, 1995
Page #2
The zoning is depicted as PU, which in part is true. Parts of the
site are R-I-A, however, as is the neighborhood, which allows a
maximum of 40% lot coverage, as compared to a proposed 61%
coverage.
Everything reported herein is tempered by the fact that the School
Board claims immunity from local (municipal) requirements, and
probably legitimately so. But the bottom line is the school is too
big, the site is too small, and the traffic plan on-site doesn't
function as well as it could. All of these things affect all of
our citizens.
We have addressed only those issues outlined herein, as we feel
they should be resolved prior to full review.
By copy of this memo I am recommending that City Manager Parker
demand that at a minimum, the size of the school be reduced.
School Board members should welcome the smaller budget associated
with a smaller school, and if so informed likely would reduce the
size.
WVH/ck
C:POINCIAN.COM
xc:
Carrie Parker, City Manager
TO:
Tambri Heyden, Planning & Zoning Director U
Kevin 1. Hallahan, ForesterlEnvironmentalist ~ p
Poinciana Elementary School
FROM:
RE:
DATE:
June 29, 1995
I have no comments on this particular project. The project should continue on the normal review
process.
KH:ad
TRANSMITTAL
LETTER THE SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA
Planning and Real Estate
3320 Forest Hill Blvd., C-331
West Palm Beach, Florida 33406-5813
PROJECT: Poinciana Elementary School
(name, address)
PROJECT NO:
DATE: August 18, 1995
TO: City of Boynton Beach
Planning & Zoning
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
A TTN: Tambri Heyden
If enclosures are not as noted, please inform us
immediately.
If checked below, please:
Kl Acknowledge receipt of enclosures.
o Return enclosures to us.
WE TRANSMIT:
o Herewith 0 Under separate cover via
Kl In accordance with your request ON AUGUST 17, 1995
FOR YOUR:
o Approval
o Review & Comment
Kl Use
THE FOLLOWING:
o Drawings
o Specifications
o Change Order
o Distribution to parties
o Record
o
DInformation
DShop Drawing Prints
DShop Drawing Reproducibles
Kl SURVEY
o Samples
o Product Literature
,
REV. ACtION
COPIES DATE NO. DESCRlP'UON COllE
2 9/21/94 Special Purpose Survey for Poinciana Elementary School, B
W.O. 94067 A
ACTION A. Action indicated on item transmitted
CODE B. No action required
C. For signature and return to this office
D. For signature and forwarding as noted below under REMARKS
E. See REMARKS below
REMARKS:
COPIES TO:
Agustin A. Hernandez
(with enclosures)
o
o
o
o
o
Michael L. Kirk
Plan Review Specialist
Planning and Real Estate
rt;tJ::
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Received by:
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