REVIEW COMMENTS
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO, 95-503
Agenda Memorandum for
September 19, 1995 City commission Meeting
TO: Carrie Parker
City Manager
FROM: Tambri J, Heyden 7<j-~
Planning and Zoning Director
DATE: September 14, 1995
SUBJECT: N,W, 12th Avenue (Lincoln Avenue) - ABAN 95-007
Right-of-way abandonment
Please place the above-referenced request on the September 19, 1995
City Commission agenda under Public Hearing,
DESCRIPTION: Agustin Hernandez, agent for the Palm Beach county
school District, is requesting abandonMent of a portion of N.W,
12th Avenue, also known as Lincoln Avenue, a 40 foot wide public
right-of-way in connection with expansion of Poinciana Elementary,
The improved right-of-way is located within the Happy Home Heights
subdivision and extends approximately 702 feet west of Seacrest
Boulevard,
RECOMMENDATION: The Planning and Development Board, with a 7-0
vote, recommended approval of this request subject to the applicant
dedicating an easement as requested by the Florida Public Utilities
Company, prior to adoption of the resolution finalizing the
abandonment, (All utility company responses have now been
received,) Also, at the Planning and Development Board Meeting, in
response to the Engineering Department's comment, the applicant
stated that they have revised their site plan in a way which does
not utilize the entire width of the requested abandonment, just the
portion they would acquire through abandonment, Therefore, in
3.ddi tion to providing verification of the easement dedication,
copies of this site plan will need to be provided to Engineering
and Planning and Zoning prior to preparation of the resolution,
TJH:dim
Attachment
. ,CCAgenNW. 12 th
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1.,0, Box 3)95
West Pall'n Belich
Florida lJ402-J:l9:;
Scptcm bl.:l' 14. 1995
Ms, Tambri J. Heyden
Plnnning & ZOl1inl,1: Director
City 01" Boynton Bcuch
1 00 E, Boynton BCE\ch Boulevard
Boynton Bench, PI, jj425.03 I ()
RE: AbllRdonm~nt#95.006, N,W. 12th ^",cnut.
Dear Ms. Heyden:
,
P]C~ISC he advilo;cd lhat Floriili. PuhliL: lllililic.:~ ('lllllJ1:II1} has l.~xiSliJlg g,ls Iltdlitics within n.:f~rc1lt:l~d
pmposl.:d anandonml;nt un.:a, We !lIlI:;I. !!t\.:rdim:. oh.il.,<:t to ~;:Ijd ahundollllllJllrunl..::;s thL' li.lllowing
indic~ltcd cOltditions arc met:
x ^- ^Il rr.:latcd rdo':'::ltioll L:XI)L:II:,L'~ \\ill hI.' p:lid by rhe p~lrty I'cqllcstill~. Ihl' ;lh:lIldoIlIlIClIl
hy the dute :Ipccifi.:d hy Fhlridu P"hlil,: I :Iililics ('t1lllpuny.
....X- It t\ separate ~aSCl11l.:nt IIm.;1 k ~1.r;llItl\! 1,' FI(\l'i,!:i I)uhlic I Jlililic~ ('ompany wilhinllw
rcfCrCllCl.:d ar':~L ^" n:bk'd :::ISL'111L'1l1 '::\Jl~'ll',l'\ \Vjlll~ paid hy rhl.' parI)' rcqlll'stilll.!
uhuIldonmC1H hy tI... ,.b... ;;l',"l:ili,.,( 1,,) 11"rid~1 I'uhli<.' {JlililiL'~ ("'ll1pall~
_. (', ^b,\Il(.I(HlIl1~l1t l)rCXislil1g 1:ll'ili,il."; \\ilhilllh.. rdi.~rl'nccd arca i:, rossihk' prnvidl'd all
r~hltl.!d aOandOl1llll:nl rosh \\ill k p;lid hy llli' party r~q\lcsling ah:lIldollllll'1l1 h)' 11ll"
dtlte specified by FJoriJu PlIhli<.: lltilili....l' ('olllpany,
I r YOll have any qllcsti()n~ or i r 1l.';1I1 he' () r ;\11) l'urll!l'r a,>:.;i:;l:lIlCI.', please,.' ront,lct ilK' :II X1X-17~'l
Sinl.:crdy. ...
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David 10:, 1\:lIico
I >ivil'liUl1 J ~nginl..'Cr
cc: Mr. M. L. Schncidermanll
SEP 13 ' 95 04: 01pr1 COMCAST CABLE WPB _"
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COlllcast C4l>levislon
qf We.! '181m le8~h, loe:,
1401 NOflllpolnt F'artcway
Wet' Palm leach, Florida ~3407
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September 1, 1995
Tambri 1 Heyden
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
REP: ABAN #95-006, #95-007, #95-008
NW 12th Ave and Washington Ave right-of-way abandonments and Lots 508-517 of
Cherry Hills Plat utility easement abandonment
Dear Tambri.
Corneast Cable has no objections in the right of way abandonment. We have also
removed all of our utilites in that area.
If you have any que:stiolU, please contact me at (407) 478-5866 ext. 519.
Thank you, t) ~
Dominique Aumais
Construction Coordinator
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BELLSOUTH
TELECOAfAfUNICAnONS @
Room 801
326 Fern Street
West Palm Beach, Florida 33401
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ZONING nE~iD Ut'
September 5, 1995
Ms. Tambri J. Heyden
City of Boynton Beach
100 Tambri E. Boynton Beach Boulevard
Boynton Beach, FL 33425.0310
Re: ABAN #95-006, #95-007, #95-008
NW 12th Avenue and Washington Avenue right-oC.way abandonments and Lots
508-517 Cherry Hills Plat utility easement abandonment,
Dear Ms. Heyden:
BellSouth Telecommunications has no objection to the above referenced abandonment
requests.
If you have any questions or need further assistance, please feel free to contact me at
(407) 582.5184. ,
Sincerely,
~~~
Specialist.OSPE
BellSouth Telecommunications, Inc.
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Florida Power & Light Colllp.ny, P. 0, Box 2401. D.I"" B'lch. FL 33447.2409
September 12, 1995
Tnt:ll1 J. Heyden
Planning and Zoning DIreCtor
CIty of Boynton Beach
PO BoK 310
Boynton Boech, fL S3425-Q310
Re: AbandOnmem 1ss.006,OO1,OO8
NW 12 Ave & Washington Ave Right of WIr/ Abandonment
loti 500.517 of Cherry Hill PI. utility Easement Abandonment
Dear Ms. Heydon:
FPl has no Objection to the ebandonments as outlined In your letter dated August '7.
, 995. provided that a ten foot wide utUIty ..ement Is provided on the north ten feet of _
Parcel 1 (Waahlngton Ave,) 88 shown on Sh..t 3 of 6. - -
If you require any additional '"'fOrmation, please call me ~ (401) 266-3104.
Sincerely.
~/~
A. (!, Russlto, Jr.
Major Account Manager
,
a.. FPL Gnt.p C8111'.'"
7,A,3
N.W, 12TH AVENUE (LINCOLN AVENUE)
ABANDONMENT
PLANNING AND ZONING DEPARTMENT
MEMORANDUM 95-474
TO: Chairman and Members
Planning and Development Board
FROM: Tambri J, Heyden d~vt,{"9' 1kf}Av
Planning and Zoning Director
DATE: September 1, 1995
SUBJECT: N,W, 12th Avenue (Lincoln Avenue) - ABAN 95-006
Right-of-way abandonment
NATURE OF REQUEST
Augustin Hernandez, agent for the Palm Beach County School
district, is requesting abandonment of N.W, 12th Avenue, also known
as Lincoln Avenue, a 40 foot wide public right-of-way, The right-
of-way is located within the Happy Home Heights subdivision and
extends approximately about 702 feet west of Seacrest Boulevard,
Attached is Exhibit "A" - location map and Exhibit "B" - legal
description and plat of proposed abandonment,
BACKGROUND
N.W, 12th
recordation
name of the
improved.
Avenue was dedicated to the public by the 1927
of the Happy Homes Heights Subdivision, The platted
right-of-way is Lincoln Avenue, The right-of-way is
ANALYSIS
The requested abandonment has been submitted in connection with
expansion of Poinciana Elementary School, The City is entering
into an interlocal agreement with the Palm Beach County School
Boal-d in support of this expansion (see attached Exhibit '.'C" - Site
Expansion Interlocal Agreement). The applicant I s reasons for
filing this abandonment and the grounds that support the request
are included in the attached Exhibit "D",
The city departments involved in review of a request for
abandonment and the utility companies notified of the request are
identified below, Public notice is given to the property owners
that abut the easement to be abandoned, The utility companies, and
the city department required responses to the abandonment request
are identified below and provided in attached Exhibit "E".
CITY DEPARTMENTS
Engineering Noobjection,providedagreement
with abutting property owner is received,
utilities
No objection
Planning and Zoning
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
No response received
Southern Bell
No response received
Florida Gas Company No obj ection, provided easement
is dedicated (a new letter is forthcoming which clarifies
this position).
Cable Company (Comcast)
No response received
. .
Page 2
Memorandum #95-381
ABAN 95-002
RECOMMENDATION
Staff recommends approval of the right-of-way abandonment, subject
to dedication of the easements requested by the utility companies
noted above and any conditions contained within forthcoming
responses from FPL, Southern Bell and Comcast. All conditions of
approval shall be satisfied prior to the city Commission's adoption
of the resolution finalizing the abandonment and recording same
with Palm Beach County,
TJH:dim
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TIlE UNDERSIGNED HEREBY CERTIFIES THAT THIS LEGAL DESCRIPTION AND SKETCH MEETS THE
TECHNICAL S','ANOARDS SET FORTH BY THE FLORIOA BOARD OF LAND SURVEYORS PURSUANT TO
SECTION 472.029, FLORIDA STATUTES,
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C'\ ADAIR & BRADY, INC.
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DENNIS PAINTER
REGISTERED LAND SURVEYOR, flORIDA CERTIFICATE NO. 3542
FOR THE FIRM
OY:
aDACAIR & BRAD~ INC.
CONSULTING ENGINEERS . LAND SURVEYORS · PLANNERS
1950 Soulh Congr.SI Av.nu., Wesl p.lm Ouch. Florid. 33406
Telephone: 1407) 964.1221
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PARCEL 2:
Being all of that portion delineated as "Lincoln Avenue" lying between Blocks 5 and &, HAPPY
HOME HEIGHTS as recorded in Plat Book 11, Page 30, Public Records of Palm Beach
County, Florida, ~nd 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 desalbed 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 ~est~rly
right-of-way line of Seacrest Boulevard as delineated on the Palm Beach Coun~ Englne~nng
Right-of-Way Map No, 3-76-374 R/W, Sheet 5 of 5, dated August 18, 1976, beIng a po~nt 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
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
?t, westerly extension, 93,47 feet to the POINT OF BEGINNING.
Above described parcel contains 28,975 square feet (0,665 acres), more or less,
E X H I BIT "C"
Iff..! J~?
This Instrument Prepared by:
Agustin A. Hernandez with Robert A. Rosillo
and should be returned to:
Robert A, Rosillo, 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
THIS 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:
_. n
WHEREAS, it is the intent of the Local Goverrunent Comprehensive Planning and Plan
Development Regulations Act, Section 163,3161(4), Florida Statutes, to encourage and ensure
cooperation between and among the local goverrunental entities to provide for the coordination of
development activities of units of local goverrunent; and
.;.1
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 Goverrunent Comprehensive PlalUling and Plan Development Regulations Act; and
Wli..I!;KE;AS, . 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" auached hereto and incorporated by reference and,
1I:\dala\wp50\doc\agreem\\interloc.poc _
AAH:br 6\11\93
Exhibit "C"
.-
WHEREAS, the SCHOOL BOARD and CITY believe that ajoinl 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 4S 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, Envirorunental 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
("TV ~h~.!l :"":::;-,,;'; ';;:,: .~':." - ,..~ AOT'I.n..!!~ 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.
II :\t1ala\wpSO\doc\agrccl1ll\illlcrloc, poc
2
^^":hf 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 A venue 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 .
I~~
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-way~ lilt th,. rTTV'~ ...~:'! ':'0'\1" ~" "I"r,.~~ltry to i~prove 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.
II: ~ala\wp50\doc\agreenll\inlerloc. roc
J
AAII:hf 6\t1\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 (he 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 pennit 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
., n
Elementary School as may be necessary to implement the proposed Math Science Technology Magnet
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 I, 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.
It: kdala\wp50\doc\agrecml\imcrloc. poc
4
AAII:bf 6\11\93
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
fd day~. 1993.
SCHOOL BOARD OF
PALM ACH COUNTY
Signed in Presence of:
~~7'h.
Monica Uhlhorn, Superintendent
STATE OF FLORIDA
COUNTY OF PALM BEACH
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p)Mr;'!~;,:;y:)", !:':-. 0::':::::::':7 1-
MY C(J~Mi..,$I',)i'; E2~:::~'l~~~J
--;J~ -I ~
Notary
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, ..
SWORN TO and subscribed before me this I~ day of r' 1993,
,
Signed in Presence of:
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Notary
Approved as to fonn aftd kg!1 6~f6c'AS;' "r:
Approved:
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Approved: "
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^AIl:ht (,\11\93 ..
-
RESOLI!TION Rt2 --I'd' -'
E,"{I".t,/- 1.
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A RESOWT10N or THE CITY COMMISSION or
THE CITY OF nOYNTOH BEACU. FLORIDA;
URGING THE PAU1 BEACH COUHTY SCHOOL BOARD
HOT TO CLOSE POINCIANA ELEMENTARY SCHOOL
ANO xtE' suo SCHOOL OPEN AS'A PRE-
KINDERGARTEN THROUGH caADE 5 MACNET
SCHOOL: AND PROVIDING AN EFFECTIVE DATE.
i
I
. 'y
WHEREAS, 1n order, t.o Ill4Int.ain t.he viabU 1 t.y at: our
I cOAstal schools And t.o 1nsure t.he contLnulty ot: neIghborhood
:j schoah: And
., WEI'EAS, t.he IIlAgnet school coacept. la a proven _en. to
.j anist in .chtevInll racial balance and enhancing t.he quaUt.y
. of educatlon; and
"
.'i
WHEREAS, t.he City CO:MIlssloa of the Clty of Boynton
Seach, Florld. deems it to be in the b.at. lnter..t. of th.
citizens .nd resldents at th. Clty of Boynton Beach to \lrqe
the Palm Beach County School laard t.o keep POl.clana
El.mentary School open, and
'.
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II
:,
il WHEREAS, the City COllllllladon of the CUy of Boynton
I Seach, Florida urqe. the '.1. B..ch County SchOol Board to
II apply the n.c....ry r.sourC.. to ..ubllah a lUgn.~- proC)u.
, (Donte.sorl pr.terred) .t .ald School, whlch w111 benaflt. the
I, .tu.dents fro. an ed\lcatlonal atandpoint .. ".11 a. Allow th..
I. to attend .choal in the nelghborhood 1ft which they l1va.
:\
;; THE CITY or BOYHTOH BEACH, fLORIDA, 'ftIA'l'1 '
'I Sect Lon 1. 'l'he C1.ty.Collud..lon ot the City of Boynton
'I aeach, ,101:1d. doe. hereby'urge the 'ala B.ach CO\lnty SChoo1
Board to k..p 'olnelanll Elem.nta~ School open a. . pre-
i lcineS.rqarten to 5th grad. facUlty &nd ..tabUah . ..,net
il pr,ogrAlll at t.he school.
I! Section 2. The City CO/lllll1.aslon ot th. Clty ot Boynton
'\ Beach, ,lorlda h.reby cl1nct.s foh. Cny Clerk to provide a copy
I ot this R..olut.lon, upon p.s.ag." to the 'ala Beach County
~i School Board. 1.1" .
. II
.. Section J. Thl.
-, 11l11l1edlate1y upon passage.
,.
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HOW, THEREFORE, BE 1'1' JU:SOLVED BY THE CITY COHKlSSlOH OF
Resolut10n w1l1 become 'effectLve
"
"
PASSED AND ADOPTED this ~ day of December, 1"1.
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6. That the following grounds and reasons are submitted in
support of this application:
The abpve referenced abandonments are necessary to be able to
construct a new Elementary School on the properties owned by the School
District. The abandonments were agreed to by the City of. Boynton Be4ch
and the School District in the attached interlocal agreement (Exhibit "C"),
DATED a
ADDRESS
Palm Beach County School District
3320 Forest Hill Boulevard, Suite 331
West Palm Beach, Florida 33406
STATE OF FLORIDA
COUNTY OF PALM BEACH
The above named applicant(s) being first duly sworn by me the
day and year above indicated, deposed and stated that __he__
.../is the applicant(s) in the foregoing Application to Abandon/.
Vacate I that they have read the same and that the facts therein
set forth are true and correct to the best of their knowledge.
~~~ fJ. S-~e;
NOTARY PUBLIC, state of Florida
My Commission Expires:
""tUff,
I~~' ~\ UNDA J, SAVIllE
{;( }.J MY COMMISSION' CC432695 EXPIRES
"~:r.'''''' ,,~ JanuaJy 16. 1999
'Rr..ll\ .' IIOtCJED TIfIU TIIOY FAIIIINStJIlANCf, II<<:.
6-19-87
EXHIBIT "E"
.-
DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM NO. 95-326
DATE:
Sue Kruse
City Clerk
IhllLm Hukill,
f/fJ~Engineer
August 28, 1995
P,E.
TO:
FROM:
RE:
PROPOSED ABANDONMENT - N.W. 12TH AVENUE
We have reviewed the material forwarded to us regarding subject
abandonment. Please acknowledge that the westernmost 93.47 feet
(south half) will revert to Ms, Annie M, Miller, not the School
Board, and the applicant should notify her of their proposal. They
also should include a copy of any agreement they have reached with
her since access to a driveway on her property is across NW 12th
Avenue.
The monologue appearing in paragraph No. 6 is meaningless with
respect to the second sentence, as no agreement was attached. The
first sentence is sufficient reason to precipitate abandonment.
Applicant should attach utility waivers.
WVH:ck
xc: Carrie Parker, City Manager
Mike Haag, Zoning/Site Administrator
C:NWI2T1I.AIIN
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SPEED LETTER
TO
~.
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'"
FAOM
Mr. John Guidry
Sue Kruse
~.... J
Director of Utilities
, _ , ' " ,.l_ "
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City Clerk
SUBJECT
City Commission Public Hearing - Sept. 19. 1995
- FOLD NO.9 or 10
MESSAGE
Attached is a copy of an application requesting the NW 12th Ave. and Washington Ave.
right-of-way abandonments and Lots 508-517 of Cherry Hills plat utility easement abandonment
The application was submitted by Agustin Hernandes as agent for Palm Beach County School
District. Please review and advise of your recommendations for approval or disapproval
in accordance with Land Development Reg~lations, Article 1.t Section 4a (1) of the code.
Please respond to this office with a copy to the Planning Dept. by Aug. 30, 1995,
DATE
8/22/95
SIGNED
d~~~/JI .J
REPLY
~ OR Wr.TIrn
DATE R l'ln Iq"
44-902 . Triplicate
44-904 . Quadruplicl
- FOLD FOR NO 9
- FOLD FOR NO 10
SIGNED J
. WllsonJones.
SENDER: DETACH AND RETAIN YELLOW COPY, SEND WHITE AND PINK COPIES. RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY.
\
f
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.
,
'----
TO
FROM
Tambri Heyden
Sue
Planning & Zoning Director
SUBJECT
City Commission Public Hearing - Sept. 19. 1995
FOLD NO. . or .0
MESSAGE
Attached is a copy of an application requesting the NW 12th Ave. and Washington Ave.
right-of-way abandonments and Lots 508-517 of Cherry Hills plat utility easement abandonment
The application was submitted by Agustin Hernandes as agent Lor Palul Beach County School
District. Please review and advise of your recommendations ~or approval or disapproval
in accordanc~ with Land Development Regu~lations, Article it! Section 4a (1) of the code.
Please respond to this office with a copy to the Planning Dept. by Aug. 30, 1995.
..
.,
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iii
9
DATE
8/22/95
SIGNEDd~, ~ ".r?~ ../
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REPLY
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FOlO fOR NO 9
II WlIsonJones.
DATE
.........., ....
5' SIGNED..--:)' ~~~ (
fOlD fOR NO 10
RECIPIENT: RETAIN WtllTE COpy, RETURN PINK COPY.
,.
PUBLIC
1~~~_~IIf :~il
ULq
i( I
it () PLANNltJG AND
I, ZONING DEPT.
~ .
Ms, Tambri J, Heyden
Planning & Zoning Director
City of Boynton Beach
100 E, Boynton Beach Blvd,
P. O. Box 310
Boynton Beach, FL 33425-0310
p, 0, Box 3395
West Palm Beach,
Florida 33402-3395
August 24, 1995
RE: ABAN #95-006, 195-007, #95-008
NW 12th Ave, and Washington Ave R/W Abandonments and Lots 508-
517 of Cherry Bills Plat Utility Easement Abandonment
Dear Ms, Heyden:
Please be advised that Florida Public Utilities Company has existing
gas facilities within referenced proposed abandonment area, We
must, therefore, object to said abandonment unless the following
indicated. conditions are met:
X A, All related relocation expenses will be paid by the
party requesting the abandonment by the date specified
by Florida Public Utilities Company,
X B, A separate easement must be granted to Florida Public
Utilities Company within the referenced area, All
related easement expenses will be paid by the party
requesting abandonment by the date specified by
Florida Public Utilities Company,
C, Abandonment of existing facilities within the
referenced area is possible provided all related
_~~~~~~~ent costs will be paid by the party requesting
abandonment by the date specified by Florida Public
Utilities Company,
If you have any questions or if I can be of any further assistance,
please contact me at 838-1752,
-~
./
cc: Mr. M. L. Schneidermann
7 ,A, 3
N.W, 12TH AVENUE (LINCOLN AVENUE)
ABANDONMENT
PLANNING AND ZONING DEPARTMENT
MEMORANDUM 95-474
TO: Chairman and Members
Planning and Development Board
FROM: Tambri J. Heyden dlL-vtdvt1. "9' 1kf}de-rv
Planning and Zoning Director
DATE: September 1, 1995
SUBJECT: N,W, 12th Avenue (Lincoln Avenue) - ABAN 95-006
Right-of-way abandonment
NATURE OF REQUEST
Augustin Hernandez, agent for the Palm Beach County School
district, is requesting abandonment of N.W, 12th Avenue, also known
as Lincoln Avenue, a 40 foot wide public right-of-way. The right-
of-way is located within the Happy Home Heights subdivision and
extends approximately about 702 feet west of Seacrest Boulevard.
Attached is Exhibit "A" - location map and Exhibit "B" - legal
description and plat of proposed abandonment.
BACKGROUND
N.W. 12th
recordation
name of the
improved,
Avenue was dedicated to the public by the 1927
of the Happy Homes Heights Subdivision, The platted
right-of-way is Lincoln Avenue, The right-of-way is
ANALYSIS
The requested abandonment has been submitted in connection with
expansion of Poinciana Elementary School. The City is entering
into an interlocal agreement with the Palm Beach County School
Board in support of this expansion (see attached Exhibit "C" - Site
Expansion Interlocal Agreement). The applicant f s reasons for
filing this abandonment and the grounds that support the request
are included in the attached Exhibit "D".
The city departments involved in review of a request for
abandonment and the utility companies notified of the request are
identified below. Public notice is given to the property owners
that abut the easement to be abandoned, The utility companies, and
the city department required responses to the abandonment request
are identified below and provided in attached Exhibit "E".
CITY DEPARTMENTS
Engineering No obj ection, provided agreement
with abutting property owner is received.
utilities
No objection
Planning and Zoning
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
No response received
Southern Bell
No response received
Florida Gas Company No obj ection, provided easement
is dedicated (a new letter is forthcoming which clarifies
this pos i tion) .
Cable Company (Comcast)
No response received
Page 2
Memorandum #95-381
ABAN 95-002
RECOMMENDATION
Staff recommends approval of the right-of-way abandonment, sUbject
to dedication of the easements requested by the utility companies
noted above and any conditions contained within forthcoming
responses from FPL, Southern Bell and Comcast. All conditions of
approval shall be satisfied prior to the city Commission's adoption
of the resolution finalizing the abandonment and recording same
with Palm Beach County.
TJH:dim
Attachments
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THE UND~RSIGNED HEREBY CERTIFIES THAT THIS LEGAL DESCRIPTION AND SKETCH MEETS THE
TECHNICAl S~'ANDARDS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO
SECTION 472.029, FLORIDA STATUTES,
,
. 40,02'---
S,OloI4'57"E.
OY:
$:) ADAIR & BRADY, INC.
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DENNIS PAINTER
REGISTERED LAND SURVEYOR, flORIDA CERTIFICATE NO, 3542
FOR THE FIRM
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DRAWN AMG DATE 1-.' ::;;. r'.! M D
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F.B. SCAI 1__ __30
PG. N.l.S.
aDADAIR & BRAD~ INC.
CONSULTING ENGINEERS . LAND SURVEYORS · PLANNERS
'950 Soulh Congress Avenue, Wesl p.lm Buch, Florid. 33406
Telephone: (407) 964.1221
., " \'111 If) WIHfnll1 r ~ff1nr,,: r n ":1 ,n"rvnn'~ !'lEAl AFFIXED
PARCEL 2:
Being all of that portion delineated as "Uncoln Avenue" lying between Blocks 5 and 6, HAPP~
HOME HEIGHTS as recorded in Plat Book 11, Page 30, Public Records of Palm Bea
County Florida ~nd lying west of the westerly right-of-way line of Seacrest Boulevard, and
extend~d west~rly Into the northwest quarter of Section 21, T?wnship 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 ~est~rly
right-of-way line of Seacrest Boulevard as delineated on the Palm Beach Count;: Englne~nng
Right-of-Way Map No, 3-76-374 RfW, Sheet 5 of 5, dated August 18, 1976, being a po~nt 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 86000'1T', an arc distance of 30.02 feet to a tangent
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,
E X H I BIT "C"
k'9J ~P/
This Instrument Prepared by:
Agustin A. Hernandez with Robert A. Rosillo
and should be returned 10:
Robert A. Rosillo, 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
TillS 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 ~ t1
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 units of local government; and
-:.1
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 reconunendation 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,
1I:\data\wp50\doc\agreem\\inlerloc,poe _
AAH:bf 6\11\93
Exhibit "C"
WHEREAS, the SCHOOL BOARD and CITY believe that a joint 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:
I. 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 4S 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, EnviroIll11ental 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 I written above, However, in an event of an uncooperative seller, the
CITY shall exercise its power of eminent domain, Upon\vritten 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.
II: \t1ala\wp50\doc\agrccII11\illtc rloc. roc
2
AAII: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 15, 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 15, 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.
II: 'wJala\wp50\doc\agreeml\interloc. poe
3
AAH:hf 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
_, 0
Elementary School as may be necessary to implement the proposed Math Science Technology Magnet
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.
It : ~data \ wp50\doc \agreemt\interloc. poe
4
AAH:bf 6\11\93
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, Chairman 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
f.ci day ~. 1993.
SCHOOL BOARD OF
PALM ACH COUNTY
Signed in Presence of:
~~~
~
STATE OF FLORIDA
COUNTY OF PALM BEACH
--- - -=-1
.. . .~".. -.... \" ,...-!\.
C.l'L~.. ,I. i\....II.?\ :,!:..L
Pt:i':-:,('! 't F CC';':; .
NCTA"Y l'lJ"l ". ,."C.,......,. ",'; ~. ,..,,,'-. '.My Conun'lss'lon Exp'lres'
. h u.I\.....,.lt..d.'~..I.h"'"._ .
c(.)..t.", "".' , ""I 1";- ,..,-.:.'.. .... '1 '
~ I~. .......'....., .4rIo.... ............;1. ,
MY C()t~,!ML.,~I~i'; E2~:::~'2~;. ~.).1S'9~ J
--;J~-l ~
Notary
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. .
It ....
SWORN TO and subscribed before me this
lfa day of r' 1993.
Signed in Presence of:
~/?_--~:
~.
011t!ja..#~~4~
..thtv.'U1..C-Jv' lJu-,J?~ft
Notary
Approved as to fonn aRd Itgal s1:lfK"CR~~:
Approved:
../
Approved:"
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AA\l:hl 6\11\93 ..
-
RESOLtITION R92 -~cJf' -'
L,'{ 4, ,{" I- 1
't
" RESOLUTION OF THE CITY COMMISSION or
THE CITY OF BOYNTON UEACII. FLORIDA;
URGING THE PA.LM BE"CH COUNTY SCHOOL BOARD
~OT TO CLOSE POINCIANA ELEMENTARY SCHOOL
-'NO KEEP S^ID SCHOOL OPEN AS 'A PRr:-
KINDERG"RTEN THROUGH CRADE , MACNET
SCHOOL; AND PROVIDING AN EFFECTIVE DATE.
. ''r
WHEREAS, 1n order, t.o IIlAlnt.aln the VIAbill ty of our
I COAstal schools an~ to Insure the contlnulty of neighborhood
:j school., and
,I WHEREAS, the IIlAg-net .chool concept 1. A proven _ana to
.1 Asslst In achieving racial balance .n~ enhanclnq the quality
. at .ducatlon, and
"
"j
WHIP-EAS, the Clty CO:Nll1ssioa ot the Clty of Boynton
Beaeh, FloridA deems It to be ln the best lnter..ta of the
citizens and resldents of the Clty of Boynton Beach to urqe
the Pall1l Beach County School Board to keep POlRclanA
Elementary School open, and
,
'j
II
;/
il W'HXRDS, the Clty COllllalaslon of the CUy of Boynton
I Beach, Flor1da urqes the Pal. Beach County School Board to
.1 apply the neceallary resourcell to e.tabU..h a lIUlqnet:- pro9ram
I (montessorl preferred) at sald School, which will benefit the
'1 IItv.dents from an educational .tan~palnt a. well Aa Allow thell'
\, to attend achool 1n the neighborhood 1n which they live.
:1
;1 NOW, THEREFORE, DE IT RJ:SOLVED BY THE CITY COHKISSION OF
H THE CITY 07 BOYNTON BEACH, rr.oAlDA. 'ftCATI -
il Section 1. The c~y,1:ol1l1ll1ss1on of the City of Boynton
Ilseach. 11oz:1da ~oes hereby urqe the 'a1. Beach COllnty SChooL
B04r~ to Jc..p Poincl.njl E1elDentaq- School open .. & pre-
i klndergarten to 5th qrade facUity an~ eat.bUsh a _gnet
il pt:oqrlllll at the school.
I! Section 2. The City COIIIII.tsslon of the City of Boynton
'I aeach, Florida hereby directs the City Clerk to pz:oylde . copy
i of this R..olutlon, upon pall.Age., to the Pa1a Beach County
!j School Board. ''\ .
. II
.. SectIon J. Thls
.1 Illll1ledJ.ately upon pasaaq..
;.;
\',
Resolut1on will become' effective
\.~ -. -
PASSED AND ADOPTED this ~ dArO! December, 199%.
-
Commissioner
'.
I. _""' ./
^T';ES r;
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Cl~ C:erk "
(CorpOr4ta Seal)
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6. That the following grounds and reasons are submitted in
support of this application:
The a~pve referenced abandonments are necessary to be able to
construct a new Elementary School on the properties owned by the School
District. The abandonments were agreed to by the City of, Boynton Beach
and the School District in the attached interlocal agreement (Exhibit "C"),
DATED:
1ff1IPLEASE
dez
ADDRESS
Palm Beach County School District
3320 Forest Hill Boulevard, Suite 331
West Palm Beach, Florida 33406
STATE OF FLORIDA
COUNTY OF PALM BEACH
The above named applicant(s) being first duly sworn by me the
day and year above indicated, deposed and stated that __he___
.../is the applicant(s) in the foregoing Application to Abandon/.
Vacate, that they have read the same and that the facts therein
set forth are true and correct to the best of their knowledge.
~~ p. ~~~
NOTARY PUBLIC, state of Florida
My Commission Expires:
~\"Uf."
,'$.;if.\Y ~~ LINDA J. SAVILLE
~ i:~ MY COMMISSION' CC432695 EXPIRES
~lt.....~~ Janullly 16, 1999
. '.w'.tli... BONDED THAU TROY FAIN INSURANCE, INC.
6-19-87
EXHIBIT "E"
DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM NO, 95-326
TO:
Sue Kruse
City Clerk
lhllbm Hukill,
I/fJ~Engineer
August 28, 1995
P.E,
FROM:
DATE:
RE:
PROPOSED ABANDONMENT - N.W. 12TH AVENUE
We have reviewed the material forwarded to us regarding subject
abandonment. Please acknowledge that the westernmost 93,47 feet
(south half) will revert to Ms. Annie M, Miller, not the School
Board, and the applicant should notify her of their proposal. They
also should include a copy of any agreement they have reached with
her since access to a driveway on her property is across NW 12th
Avenue.
The monologue appearing in paragraph No, 6 is meaningless with
respect to the second sentence, as no agreement was attached, The
first sentence is sufficient reason to precipitate abandonment.
Applicant should attach utility waivers.
WVH:ck
xc: Carrie Parker, City Manager
Mike Haag, Zoning/Site Administrator
C:NWllTlI.ARN
I~
SPEED LETTER
TO
~,
;.";~
...
FROM
Mr. John Guidry
Sue Kruse
...... J
Director of Utilities
1,,---:_,':":$
\,,1..;,(
U\\i.-i.'~
City Clerk
SUBJECT
City Commission Public Hearing - Sept. 19. 1995
- FOLONO.9orlD
MESSAGE
Attached is a copy of an application requesting the NW 12th Ave. and Washington Ave,
right-of-way abandonments and Lots 508-517 of Cherry Hills plat utility easement abandonment
The application was submitted by Agustin Hernandes as agent for Palm Beach County School
District. Please review and advise of your recommendations for approval or disapproval
in accordance with Land Development Reg~lations, Article it! Section 4a (1) of the code,
Please respond to this office with a copy to the Planning Dept. by Aug. 30, 1995.
DATE
8/22/95
SIGNED
d~~~~./
REPLY
m OR Wr.rTrn
OATE ~ 11(} Iq"
44-902, Triplicate
44-904. Quadruplica
- FOlO FOR NO, 9
- FOlO FOR NO, 10
. WilsonJones~
SENDER: DETACH AND RETAIN YELLOW COPY, SEND WHITE AND PINK COPIES, RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY,
'---
l
~
j
.
!
1
'"
TO
FROM
Tambri Heyden
Sue Krn e
Planning & Zoning Director
City Clerk
SUBJECT
City Commission Public Hearing - Sept. 19. 1995
- FOLD NO, 8.r 10
MESSAGE
Attached is a copy of an application requesting the NW 12th Ave. and Washington Ave.
right-of-way abandonments and Lots 508-517 of Cherry Hills plat utility easement abandonment
The application was submitted by Agustin Hernandes as agent l.or Pahu Beach County School
District. Please review and advise of your recommendations for approval or disapproval
in accordance with Land Development Regu~lations, Article iti Section 4a (1) of the code.
Please respond to this office with a copy to the Planning Dept. by Aug. 30, 1995.
c(
'"
::;
.5
DATE
8/22/95
SIGNEDd./, ~1.v?~ ~
I
~
c
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~
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REPLY
~
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obI (' c>{1l;171../'
J
-- FOLD fOR NO 9
. WilsonJonesllt
DATE
::;' SIGNED~' 'h~ (
-- FOLD FOR NO, 10
RECIPIENT: RETAIN WI1ITE COPY, RETURN PINK COPY,
PUBLIC
r---:---:'~v; c-' -.-
I ['B ~ I ~J i'i ,! " Ii: ~ ! n 'I
n u; ,n . ~ ' , ~ J I'" ! II
II ~ I i;~"~"."-"~-"i I u I
IUUI LJ
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;/iI ()L PLANNING AND
I 'I--- ZONING DEPT.
---""-
Ms. Tambri J. Heyden
Planning & Zoning Director
City of Boynton Beach
100 E, Boynton Beach Blvd,
p, O. Box 310
Boynton Beach, FL 33425-0310
p, 0, Box 3395
West Palm Beach,
Florida 33402-3395
August 24, 1995
RE: ABAN #95-006, #95-007, #95-008
NW 12th Ave, and Washington Ave R/W Abandonments and Lots 508-
517 of Cherry Hills Plat Utility Easement Abandonment
Dear Ms. Heyden:
Please be advised that Florida Public Utilities Company has existing
gas facilities within referenced proposed abandonment area, We
must, therefore, object to said abandonment unless the following
indicated conditions are met:
X A, All related relocation expenses will be paid by the
party requesting the abandonment by the date specified
by Florida Public Utilities Company,
X B. A separate easement must be granted to Florida Public
Utilities Company within the referenced area, All
related easement expenses will be paid by the party
requesting abandonment by the date specified by
Florida Public Utilities Company.
C. Abandonment of existing facilities within the
referenced area is possible provided all related
abandonment costs will be paid by the party requesting
abandonment by the date specified by Florida Public
Utilities Company.
If you have any questions or if I can be of any further assistance,
please contact me at 838-1752.
,--7
./
cc: Mr. M. L. Schneidermann
DEVELOPMENT DEPARTMENT
ENGINEERIRG DIVISION MEMORANDUM RO, 95-326
TO:
Sue Kruse
City Clerk
}~liA~m Hukill,
f/fJVrW\Engineer
August 28, 1995
P,E,
FROM:
DATE:
RE:
PROPOSED ABANDONMENT - N.W. 12TH AVERUE
We have reviewed the material forwarded to us regarding subject
abandonment, Please acknowledge that the westernmost 93,47 feet
(south half) will revert to Ms, Annie M, Miller, not the School
Board, and the applicant should notify her of their proposal, They
also should include a copy of any agreement they have reached with
her since access to a driveway on her property is across NW 12th
Avenue.
The monologue appearing in paragraph No. 6 is meaningless with
respect to the second sentence, as no agreement was attached. The
first sentence is sufficient reason to precipitate abandonment.
Applicant should attach utility waivers.
WVH:ck
xc: Carrie Parker, City Manager
Mike Haag, zoning/Site Administrator
C:NWllTILARN
FRO,..
'''''''''''Z:''''-/ "::"
_._~
~ ;-",<
,...
TO
MR..
le Kruse
.~
Director, of':11evelopment
. ,.... ,: ,. ....,.....
C1~y Clerk,' 'H':':' , '
~~1t~(.-=
;SUBJECl'
- FOlD NO,' or lD
MESSAGE
;;/
/
/'
Attached is a copy of an application requestinK ebe NW,12th Ave. and Wash1n~ton Ave.
right-of-way abandonments and Lots 508-517 of Cherry Hills plat utility easement abandonment
The application was submitted by .&Netin Bernmides as aKent for Palm Beach County School
Dist~ict. Please review and advise of your recom.endations for approval or disapproval
in accordance with Land Development ReKwllations. Article ii.1 Section 4a (l) of the code.
Please respond to this office with a copy to the Planning Dept. by Aug. 30. 1995.
~
DATE
8/22/95
- 1-
L.-'~ '
SIGNED (~ "',.. -(~-;f "'". ,~
REPLY
See attached Enqineerinq Division Memos 95-326
95-327
95-328
\'
- FOlD FOR NO.9
- FOlD FOR NO, lD
III WilsonJones.
DATE
8/29195
SIGNED
RECIPIENT: RETAIN WHITE copy, RETURN PINK COpY. PlEASE TURN OVER FOR USE WITH WlNOOW ENVELOPE.
44-902 . Triplicate
44.904 . Quadruplic at
.:..
---~----~--------- ---
(' /
; C ""j \
-...., . -"
,/
PLANNING AND ZONING DEPARTMENT
MEMORANDUM #94-436
TO:
FROM:
Sue Kruse
City Clerk
..-----::- J /
Tambri J. Heyden /~j4
Planning and Zoning Director
DATE:
August 17, 1995
RE:
ABAN #95-006, #95-007, #95-008
NW 12th Ave. and Washington Ave. right-of-way
abandonments and Lots 508-517 of CHERRY HILLS plat
utility easement abandonment
Accompanying this memorandum you will find two (2) copies of the
applications and related documents for the above-referenced
abandonment applications. The normal $500.00 application fee was
waived for this governmental entity,
A legal advertisement for same has been prepared for the
september 19, 1995 City Commission Public Hearing and will be
forwarded to your office after review by the City Attorney and
City Manager, In order for our department to meet the deadline
for preparing Planning and Development Board agenda materials for
this request, comments from staff and the various concerned
parties must be received by our office by September 1, 1995,
Please inform staff of this time frame when distributing copies
of this request for comment, If easier, comments can be
forwarded to you with a xerox copy transmitted to our office,
Thank you,
~
.: l"lIolnot. poi