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REVIEW COMMENTS ! -, , , i 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 S E F' - 1 4 - '9 5 I H U 1 b : L b t- L u.... ..I. iJ H I '-,..... L- ... ~ ,_" ~ L-'" . ..I. l;:;..~ . - ~~ J~' I~ O.RIDA PUBl.)(' l J T I I.. I T I r-: ,I.) <: () M P ^ N Y .rUlllf ", "'""v''' ! ,,".....Il,'" A' ... 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. ... ~7. .,;...;;.- /" ./ ~ ", David 10:, 1\:lIico I >ivil'liUl1 J ~nginl..'Cr cc: Mr. M. L. Schncidermanll SEP 13 ' 95 04: 01pr1 COMCAST CABLE WPB _" . . "P.2/2 COlllcast C4l>levislon qf We.! '181m le8~h, loe:, 1401 NOflllpolnt F'artcway Wet' Palm leach, Florida ~3407 -==, fi" re'! ! n! Ll; ~0 . ! ul r;-":'=" , .." 1~1\ SEP 131- . 1-.\',,; l~~...,..,..-.=-_."._..,.,. =.... . PlAI-H;~I~~G ;\ND ZON!/.1E DEPT .. ".( <"",.._.,.::",;~""--""",_"..'<v_J-="",''''"'''''':.l-'' ',"'j".""^^'~"'_'""'- ,""'- .~ f n '; (i)CDMCAB~ 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 DAIl vI ',,- ......,.. ". BELLSOUTH TELECOAfAfUNICAnONS @ Room 801 326 Fern Street West Palm Beach, Florida 33401 II ,- . ,..... ~ Iitl f[! n on R ....,,' i Il~j .;~_.,I,h. I:; . \H Ir, I:' I I') . J I . '. .'. I I 'l"!" -PlANNING~ 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. ~EP-12-':~ IUt 14:j~ JU:r~L U~J U~ I CI.- I ;L' . '-lU I -,,-0...)- _' 1 b~ r Ht'.L j I,t;. tH:..I'::";) r: <J.::. fL 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 Attachments xc: Central File a:Llnc~b.l) GWL E X H I BIT "A" - .- -- \ \ ' \ -< -: '1 \ I .~. \ \ \ \ -- -- ';\ " o 1/8 M\LES .\\ \ \ \ \ \ . '0400, . 800 fEE.T E X H I BIT "B" lr:,:, ,L. " I ! . \[) ~ ' i'l ! lWr!Wl!imm!;t!ill'ifWJf'I IiI 'f 'If t IW' lfU-./...j..t1.t- ~ :,l}. '- n m I UHi!!iHHdtWiiHiiHU:f,i;i 1~1 f~ IH! HH'I.'fUiimhHhH~I'rh!HII1'liJII fh !~ ',I i i'l I ihill.m:I' P~I' _.'.1 .( ;; lir I IJI;i JsJl~,,!iJ:i!(j fLh}loil Ii q l~ ~ IlgIIHJI'fl~!HI'ilfliiJI'!!i;Hln, rl 1r " I'lI-I'il I lilt' .J11JI'II'I, 1- P ~[ Hi:I=~,;!.! !jtiFU ! Il~lh I II I r i! JW,!mJfll'thH~Hi;lll- fJ.!u:m~I'ii I,i '1 III' }'I ",-III' ("1"1 " J I I, II. lhl:..l..1 i. fI It.l I. .~'!I~1'1i ,... 'llo'l.....'l . 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(() ~ rt) (fi .J 0 0 I -- ~m -lD ...J U) U cO :t. . \!)' ~ I Z )-0. ~ I tl - ~^ ' · ~ ~ ~ _b;;....3~(d2 ~ W~5.01.141~'.E. :r , I On. ~I g g ~ p NOi TO SCALE . I t~ C) I >t ~ ~ ~(! ~: E-< ["'}...... I :;lIZ I :~gi\~ ~~ ~ I ~: fii >gg : :n. o I Co I~? rl :--, . ~', . j):; N I~ 10 I o..:r.LCI0 0:' Co I ~) I I C") <:; ::t: I~ ~ <:t' <::> 1'0 "'110 r;~ ~1< , . 40,021-.... S,01014157"I:. ~el 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, , . I E-<~ 5 "'E.TC H TO f<!OOrlUlH ~y o r.J ..,. ..... LEGAL 01 I;IJ rl "C' I ;..J .. .!, (.1. I PA~ceL Nc ('J rJ) 0 "I" ~'f; ~A :::. H ...,. ," .... ,.... ELEMENTJ I H ,': I.d I u. C "~, NIl , \::j ~ rl ,,,1 t" DRAWN AMG DATE H :.0 N h 0 1:1. l',: ,'::;' rl ::r FIELD \'l.I.~ F.B. SCAI /__ _ _ 30 PG. N.T.S. C'\ ADAIR & BRADY, INC. cr..J_.IJ.'l"'~" ...;~ R-...~ 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 , "~r IrI ,."HUH" r UII(\......' fl rlfn"rvnn.~ ~FA.I AFFIXfn '. 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 -- -~ ~ . ...., -.... ". , ..- '!\. C,i'F, _.. .1. i\.J lI.in ~.~.,:.. I)t:i:-:.C"!'l F C<..';'-:; :-JOT^nV l'lJiiLiC ~,-:!"iT. 'j:; ~1.0'::i~i '.My Conunission Expires: 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: u '. ~-?-_--_.: ~ v7111(L~-4~ ~~~I 13.JJLA.JLft Notary Approved as to fonn aftd kg!1 6~f6c'AS;' "r: Approved: -,' Approved: " II \llala\wp50\utlt:\ap.rCCJIlI\inlcrloc .poc 5 ^AIl:ht (,\11\93 .. - RESOLI!TION Rt2 --I'd' -' E,"{I".t,/- 1. , t 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 '. 'j 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. ,. ..;. \', 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. - COtMIlssloner '. 1.._'" ./ "1";(5 r: . - . ( -"'/1/7 'Y -.... .,L/:.~.....Jc....- Cl: C:erk '. (Corpor.stlJ Seal) i'olnclan4.Res " ~ .; .. '< f '; C\J t-- ..... 'tt] .. , ~ ~ lLJ . " " ~ )1 ~ ~ -c ~~ .. .. .. 'x ~ ~ ~ f-\ g-.. - (- .. . .. .. ; 9 I II ... z 0 i= . c : ~. .. Ie U III Ie ...- 1..1. .... .. ( .. .. , .. L - Ii 3 ., ~ 1 It - , (" .;" , .. " II . " .. s: . It .. . .. ;I~ 0' z ... u I :-l'\.~ ~ u ~ , j ~ 1 ~ ~.J:i . tu z C) < .>-~ a::>- z ;Sg .0 Z..J i= WO en :::I:Z 5a:~5 OOWW OLL.CCt- < zW C ceo Z -Z 4( Ow ..J ~O 0(1) Q. ~ X .... < ~ f , s II D I: It . l , & ~ w. .:1 .. .. .... :~ ~ :; . ~ .. - .. . n" ~.. ...C ;:, 'v f~ .rJ E X H I BIT "D" \ I , 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 j .- I~ SPEED LETTER TO ~. ~i' '" FAOM Mr. John Guidry Sue Kruse ~.... J Director of Utilities , _ , ' " ,.l_ " I, ,- .~ \j . i '. ~ T. t . \ \ ~I . . 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 I . , '---- 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. .. ., ,I j .I ::l = g iii 9 DATE 8/22/95 SIGNEDd~, ~ ".r?~ ../ J '\ ~ .. J I I REPLY ~ , " r oi:J C' C //7 ~ 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 xc: Central File a:LlncAben GWl E X H I BIT "A" LCCA1\ON MAr NW 12th AVE (L\NCOLN AVE) o 1 J 8 ",uu:.s . \ \ \ l~o\\o f~~i N E X H I BIT "B" <~ ,~. -,' e "" - ~1 '0 ~ ~ . . \~ It ~ ." . \ ,-:. -I \ ~;,. " ~. ; ~.g~ ~ i~" ~ ~ 7,' .~~ ~~ '- ':' " ",,8.'" ~ \ H ". " -. . ~ ,,-' ~ ~." .' .~~...1"r :. ~~~J::'<~ ~,:t ..,,~,,"~ ~":' ~..". . ",'" " (~.' ~ .... . ~ ~ : ~ ','" ~ =-:'f;f"c;' ,0" _0.."-0 . ~;;/~.;:r:', -..c:......~ · ...C..~C .' ',' ~~""" '.;, ~;;,':';:ii3ifE:E" ~. 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I ::lIZ I :Hg~1: ,::( I I ~>gg : o 10 I ..-I 1'-, . f p:: N I 10 I p..:r.:Lf)O <:t' c. . o I I (") () ;Z; I. ~ O::o:t'O \0 '.J ZsD ""--J REI 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. . -..;;> ~.I.l.."";""'''''''' ~V'...~ DENNIS PAINTER REGISTERED LAND SURVEYOR, flORIDA CERTIFICATE NO, 3542 FOR THE FIRM , . 1 ~ r> :J .~ ~ " ~ (:) s: ~I "i '" I ..,.t~1 ~ CJ Z H ::::- ~ ~.:l r/) \:.l I.') r-t: r.~) [., 0:: o ~ ..' i:j~ f.-~ H rL. I""~ ,..~ '.') g ~ )> p ... OJ ~ ~ ~~ ~j: :0 to :JJ." ZQ P' .J>. I E--I:il' 5 ~e.TC H TO I'tCOrl(J)H ~y ON Z LEGAL 01 w .......z I ~~. J .. .('1 (.1. I PARCE l Nc ("'J u;, 0 "1" ~~ ~A ::) H Z r.L. ELEME.NTJ I H"" 1..1 I u". O~~'N,l I. Cj ~ rl ,..1 I DRAWN AMG DATE 1-.' ::;;. r'.! M D I), :,.~ ,::J rl ::r FielD \'Z,l-~ 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:" II: \tlala\wpSO\d()c\a~rCCI1lI\illlcrloC.roc s 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; . - ,tea:;; '/"j/? y -.." ,,L./C.. ,...., L. Cl~ C:erk " (CorpOr4ta Seal) i'olnclan4.Res ~ .. '< t- ~; (\j t-- ..... ...~ '::t ,>< llJ 'GAlli ,u_:t,," . " :; .. a .. i '. - )'~ i .. S . i -, ~ c .. :: .: :I .. Ii 6 i ~ ,1,. ...... 0- - i .. .. .. " 0( : )1 -<: ~~ \~ ~ ~ ~ 1'10 . ~ . '~'~ ; Qo"'~ .. A-" , . ,.:..) ... ,. i . ,0 . ~ '. c ,I~'.,';> ~ ~~ ' ',- Ii ..I.'..l~ ;;, " t. ~ ~~" , -,' 'oN .: .. "\,,4,,. \',~';: , ;t:{:\ \ I' ,0 1, . I :,~~r~.: "io :l " a I: II ... . . .. . .. .. .. , . .. It t" .;~ , .. .. I .... .. I!i , .. :l 0- U i ..~ .. f- . :i III :I .. It i a Z .. .. III Ii: p .. IS z 0 t: .. I: .. I: ~ .. III . "., II: U . III .. It II: ./ .. .. J.~J.. .11& .. ( .. I ~ .. , . .. .. .. ~.Jl; .... w z ~ < >-:1: a:>- Z <.~ O ......0 , Z..J i= wo (ii 2lZ 5a:WX ooii10 Of.&. w <( <<(I- ZUJ a <co z -Z I < Ow Ii ..J Z- -0 ~ (J) I oes i x I- < :I: .,~ :t .... t r oo'> ,.. ,\ . .. t . .... . .,.. = .. Nd ~ t " - ? ;;. ~ "; ~ii ~ ~ 0' t t~ a" Z .." ... ..~ " '-1 '~ ~ ... LJ ~ ~, E X H I BIT "D" '!J f , 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 '" ::> g iii @ I .f ~ ~ '" I '" I 1 i! .:! REPLY ~ . " r 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 ! I ;/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