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AGENDA DOCUMENTS Marttila, Doris From: Sent: To: Subject: Prainito, Janet Wednesday, November 03, 19993:28 PM Marttila, Doris RE: CC AGENDA ITEM 11/16 Okay -----Original Message----- From: Marttila, Doris Sent: Wednesday, November 03, 19993:27 PM To: Prainito, Janet Cc: Rumpf, Michael Subject: CC AGENDA ITEM 11/16 Janet, Please do IlQ1.put the N.W. 3rd Court (First Baptist Church) on the CC agenda. There is conditions that have to be resolved before this can go further. Thanks .2)oris 1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office July 21, 1999 (5:00 p.m.) o September 21, 1999 o October 5,1999 o October 19, 1999 [8J November 2, 1999 September 8, 1999 (5:00 p.m.) 0 July 20, 1999 0 August 3, 1999 0 August 17, 1999 0 September 7, 1999 July 7, 1999 (5:00 p.m.) September 22, 1999 (5:00 p.m.) August 4, 1999 (5:00 p.m.) October 6, 1999 (5:00 p.m.) August 18, 1999 (5:00 p.m.) October 20,1999 (5:00 p.m.) NATURE OF AGENDA ITEM o Administrative o Consent Agenda o Public Hearing o Bids o Announcement o Development Plans o New Business [8J Legal o Unfmished Business o Presentation RECOMMENDATION: Please place the request below on the November 16, 1999 City Commission agenda under Legal, Ordinance fIrst reading. As you recall, at the November 2, 1999 City Commission meeting this request was approved to abandoned the subject property. Staff recommends this request be approved. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: N.W. 3RD COURT (FIRST BAPTIST CHURCH) Bradley Miller, Miller Land Planning Consultants City of Boynton Beach Intersection ofN.W. 3rd Court and N.W. 3rd Avenue Request for abandonment of a O.248-acre, triangular-shaped portion of the N.W. 3rd Court right-of-way located between the First Baptist Church and N.W. 3rd Avenue. PROGRAM IMPACT: NM FISCAL IMPACT: NA ALTERNATIVES: N/A City Manager's Signature Acting Director of Development Director of Planning and Zoning City Attorney / Finance / Human Resources I\CHlMAIN\SHRDATAIPLANNINGISHAREDIWPIPROJECTS\FIRST BAPTIST CHURCH ABANlAGENDA ITEM REQUEST 11-16-99 ORD 1 RDG.DOT Marttila, Doris Subject: Prainito, Janet Wednesday, November 03,19999:38 AM Bingham, William; Blasie,Scott; Cherof, James; DeBeck, Bill; Farace, Virginia; Gage, Marshall; Green, Melody; Guidry, John; Hawkins, Wilfred; Hughes, Pat; Koester, Lana; Kruse, Sue; Lee, Arthur; Magazine, Chuck; McCaffrey, Hugh; Reese, Diane; Roberts, Christine; Rumpf, Michael; Sciortino, Joe; Sherrod, Octavia; Sugerman, Dale; Wildner, John; Yates, Ed; Byrne, Nancy Atkins, Bill; Berman, Susan; Cheek, Carol; Claude, Sherri; Costello, Joyce; DeFosse, Freda; Glinski, Bonnie; Igwe, Nicholas; Kenyon, Bob; Lamanna, Rosemarie; Law, Mark; Marttila, Doris; Mazzella, Pete; Munro, Michael; Ness, Jim City Commission Agenda for November 16,1999 From: Sent: To: Cc: This is a reminder that the submittal deadline for agenda items for the November 16th meeting is this afternoon (November 3rd) at 5:00 p.m. With the City Commission Agenda Preview Meeting scheduled for Wednesday, November 10th, it is imperative that all items are submitted on time so that they can be included on the November 16th agenda. The final agenda packet will be distributed on Tuesday, November 9th, If it is anticipated that there will be a delay in getting an agenda item with backup to me by the deadline, please contact me so that the item can be listed on the agenda. Thank you for your cooperation. Janel 1 .G~'",-\ ~' <r 0\ iu J-1t~ A7 "'0 N <3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office 0 August 5, 2003 July 14, 2003 (Noon.) 0 October 7. 2003 September 15,2003 G'oon) 0 August 19, 2003 August 4, 2003 (Noon) [8J October 21, 2003 j October 6, 2003 G'oon) 0 September 2, 2003 August 18, 2003 (Noon) 0 November 5, 2003 October 20, 2003 (Noon) 0 September 16, 2003 September 2, 2003 (Noon) 0 November 18,2003 November 3, 2003 (Noon) 0 "'-;.....-.; c..J :::j-< 0 rgJ <::) -< c> Administrative Legal n [J "T! -f NATURE OF 0 Announcement 0 New Business I . -CD f"'1a AGENDA ITEM 0 0 CO -.~-< City Manager's Report Presentation --... -;Y' . ,,-~- 0 0 -0 (..> ci Consent Agenda Public Hearing :Jt: Oz 0 Code compliance/Legal Settlements 0 UnfInished Business ~? ...,., 110) c- -- fT1 "::t> N "'n ...... ....... RECOMMENDATION: Please place the request below on the October 21,2003 City Commission agenda under Legal, Ordinances - Second Reading. The City Commission with a unanimous vote approved this item under First Reading on October 7,2003. For further details pertaining to this request see attached Department of Development Memorandum No. 99-246. ,~ EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: N.W. 3RD COURT (FIRST BAPTIST CHURCH) Bradley Miller, Miller Land Planning Consultants City of Boynton Beach Intersection ofN.W. 3'd Court and N.W. 3rd Avenue Request for abandonment of a 0.248-acre, triangular-shaped portion of the N.W. 3rd Court right-of-way located between the First Baptist Church and N.W. 3rd Avenue. r -. - ..;-! ," - ./ The incremental abandonment ofN.W. 3rd Avenue began in 1994, and has culminated in the request for abandonment of this fmal segment to make way for the church expansion project that received site plan approval on May 21, 2002. The subject abandonment was originally processed and granted conditional approval in late 1999. Due to the existence of conditions, ordinance adoption has been delayed until all conditions are satisfIed. Staff understands that the necessary easements have now been dedicated thereby satisfying the subject conditions from the City and FP & L. Staff continues to endorse the approval of this abandonment. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: City Manager's Signature 'It-() ZA: ~_ Planning and Zopfu Director City Attorney / Finance / Human Resources S:\Planning\SHARED\ WP\PROJECTS\FIRST BAPTIST CHURCH ABAN\Agenda request 10-21-03.dot [jeV=LoprlL2Ni SeRVIC:::S D:=PAR,7MENT MEMORANDUM NO. PZ 99-246 TO: Chairman and Members Planning and Development Board THRU: Michael W Rumpf Planning and Zoning Director FROM: Jose Alfaro Assistant Planner DATE: October 22, 1999 SUBJECT: First Baptist Church Abandonment (ABAN 99-004) Northwest 3l'C Court NATURE OF REQUEST Bradley Miller of Miller Land Planning Consultants, Inc., agent for the First Baptist Church, is requesting abandonment of that remaining portion of the road right-of-way for Northwest 3rc: Cour: located southeast of NW 30d Avenue, as shown on the plat of Boynton Hills, according to the plat thereof as recorded in plat book 4, page 51, public records of Palm Beach County, Florida, which is also described as follows (See Exhibit "A" - Location Map) : Beginning at the intersection of the east right of way fine of N.W. 1st street and the south right of way of said N.W. 3rd court, said point also being the northwest corner of lot 123, block A of said plat of Boynton Hills; thence N.1012'45"W., along the northerly projection of the easterly right of way line of said N.W. IS; Street, a distance of 7.94 feet to a point on a curve concave to the southeas: having a central angle of 76046'00" and a radius of 25.00 feet; thence northeast, along the arc of said curve, a distance of 33.50 feet to a point on the westerly projection of the south right of way line of N.W. 3rd Avenue as shown on said plat of Boynton Hills; thence N.75033'15"E., along said south right of way line, a distance of 46.69 feet to a poir.t on a non tangent curle concave to the south having a central angle of 5024'45" ar.e a radius of 616.65 feet with a chord bearing of S. 79011'5TE.; hence east, along tr.e arc of said curve and along the north right of way line of saie N.W. 3~d Court said line also being the south line of lot 192, block A, said plat of Boynton Hills, a distance c~ 58.25 feet to a point on a non tangent curle concave to the east having a centr2i angle of 17c23'46" raeit.:s of 85.32 feet and a chord bea~;ng of N.1018'38"E. sa!: point also being a point cn the east line of said lot 192, blcck A; thence north, alar; the arc of said curve, a eistance of 25.90 feet to a point or. :he south right of way lir s of saic:: N.'IV. 3rd Avent.:e; :hence N.75~33'15"E., along saic: south right of way line, 2 distance of 77.67 fee: to a point on a curle concave to t;,e eas~ having a centr2 angle of 145':103'35", racit,,;s of 35.32 feet anc:: a chord bearirg of S.3c01 '27"\;'1; thencs southerly, along the arc of said curve, a distance of 89A2 feet to a point on the nor:..-, right of way line of said N_W. 3l'C Court; thence S.20~29'40"W., a eistance of 25.0': feet to a point on the cen~erlir.e of said N.W. 3rc: court and a point on a curle conca'i~ to the south having a central angle of 0002'09", racius of 591.65 feet and char:: bearing of S.69026'54"E.; thence easterly, along the arc of said curve, a distance c~ 0.37 feet; thence S.2003.!.'08"W., A distance of 25.00 fee: to a point on the sou!;-- Page 2 r>./iemorandum No. PZ 99-246 ASAN 99-004 right of way line of said N.W. 3rd Court and a point on a curve concave to the south having a central angle of 18014'24", radius of 566.65 feet and a chord bearing of N.78033'04"W.; thence westerly, alcng the arc of said curle and along said south right of way line, a distance of 180.39 feet to the point of beginning. Containing 10,819 square feet or 0.2484 acres mere or less. Those parcels adjacent to the subject right-of-way have been purchased and assembled for the ultimate expansion of the church. A conceptual site plan for the project, showing the planned establishment of all required easements and necessary relocations, was provided as part of this abandonment application (See Exhibit "S"). The attached Exhibit "C" is a survey that shows the location of the subject right-of-way and includes a legal description for that pcrtion of the right-of-way to be abandoned. BACKGROUND The subject request represents a further abandonment of this right-of-way, which first began in 1994, by Resolution No. 94-53, when a three-hundred-seventy-four (374) foot segment of NW 3rc Court was abandoned and closed to Seacrest Boulevard. The subject request is for the abandonment of the remaining portion of this right-of-way located southeast of its intersection with NW 1 $[ Street. It is logical to request this abandonment which will allow the church to square-off its property and plan for the expansion of its facility. The Church owns all the surrounding properties on both sides of NW 3rd Court, south of NW 3rc: Avenue. Florida Power and Ught, and City of Boynton Beach Utilities Department require easement rights adequate to preserve utilities within this area. This is effectiveiy dealt with in the conditions of approval, whereby the applicant must show that such easements are established prior to final approval of this request. ANAL YSIS Pubiic notice has been given to the property owners that abut the right-of-way to be atanccned, and has been advertised in the newspaper. A summary of the review by the utility companies and city staff as follows: CITY DEPARTMENTS Planning and Zoning No objection as long as concitions of ap;::roval are met Engineering No objection. Utilities No objection provided chat a utility easement ::e to the City over the existing se'Ner and lines within ti- ~ cur:-ent right-of-way. The should be :-equired to prcvic~ "eeded description and dedication of the ease-:-:ent to finalization of the abandonment. PUBLIC UTILITY COMPANIES Florida Power and Light FPL is unable to abandon the existing pc .'/er line easement that ser/ices the church. Ho'..ve'/e- FPL is Page 3 Memoranct.:;Tl No. PZ 99-246 ABAN 99-004 willing to abancon the easement that ser/ices the existing residences west and north of the church, provided that a new easemer.t be provided for future growth. Bell South No objection. Fiorida Public Utilities Company No objection. Cable Company (Com cast Te!emedia, and Adelphia) No objection. The following is a description of the zoning districts and land uses of the properties that surround the subject right-of-way. North - Residential property zoned R-l-A (Single family residential district). 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' \ ~ 1 1~' -~ I/". I I I . ~ ~ .i~_ ' -~ I ,---- /. ,~:~J ~U'l' :!~~, :-1;9 .~1/J~J f~-=::=. -'0 4 0 O. . 8 0 0 FEE T ;--j: ~ . I . \ :=:::-,-: _! r-;-:;d; r ..;....;.. ., -~ ~ /- : I J I ~ ...JI, : P~A~"'IAI"'" "'''''' ~ IC- a<) - . , '_' ..J....:.=:-...:....; . " ,I~~ "-' ......! r.: _ ~ .~ ~ ; I .--=:::-,~. . I~: __" r - I , I "/ 1-. . I 1- r-~ .b-: P . ,:...:- .. ~ l. ~ ._. C~2 -- .., j ~ . , " ;,,;/\!,. ..* ; /.i' , ' .r-: .... " - g. _.. . Cl't. . . ' . '.\ .,~ I I : I I I ORDINANCE NO. 0 03 AN ORDINAJ."l"CE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABA.L~'DONYIENT OF A PORTION OF THE ROAD RlGHT OF WAY FOR N.W. 3RD COURT, SlJ13JECT TO STAFF COMMENTS; AUTHORIZIN'G EXECUTION OF A DISCLAIMER. WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF Pi\L\tl BEACH C01JNTY, FLORIDA; AND PROVIDING k"l" EFFECTIVE DATE. WHEREAS, the First Baptist Church has requested abandonment of that remaining , ortion of the road right-of-way for Northwest 3rd Co un, including the triangular parcel (lot 192) which functions as a median within N\V 3rd Court, subject to staff comments, and reserving adequate utility easements to the City of Boynton Beach; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and he City Commission on the proposed abandonment; and; NOW, THEREFORE, BE IT RESOL YED BY THE CITY COl\ll\-lISSION OF HE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated erein by this reference, , Section 2. The City Commission of the City of Boynton Beach, Florida, does , ereby abandons a portion of the road right of way for N.W. 3rd Court as shown on the plat of Boynton Hills, according to the place thereof as recorded in plat book 4, page 51, public ~ecords of Palm Beach County, Florida. The abandonment includes Lot 192, a triangular ~arcel which functioned as a median within NW 3rd Court, and more particularly described in ~he attached Exhibit "AU. Section 3. The City Manager is hereby authorized and directed to execute and eliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm each County, Florida, Section 4. This Ordinance shall take effect immediately upon passage. I! I I FIRST READfi\,'"G this day of ,2003 S,\CA\OrQ,"ances\Abandonrrents\FI~1 BaC"lst Church,Qoc SECOi'\TI. FL\'AL READING Al'\D PASSAGE THIS , 2003. day of I I r , I I I CITY OF BOYNTON BEACH. FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner TTEST: ity Clerk S:\CAIOrdinanceslAbandonmentslFirsr BacuS! ChuTCn,dOC A p:Jrtion of the road right of way for N.W. 3rd Court as shown on the plat of Boynton Hills. according to the plat thereof as recorded in plat book 4, page 51, public records of Palm Beach County, Florida, described as follows: Beginning at the intersection of the east right of way line of N.W. 1st street and the south right of way of said N.W. 3rd court, said point also being the northwest corner of lot 123, block A of said plat of Boynton Hills; thence N,1012'45~W., along the northerly projection of the easterly right of way line of said N.W. 1 st Street, a distance of 7.94 feet to a point on a curve concave to the southeast having a central angle of 76046'00" and a radius of 25.00 feet; thence northeast, along the arc of said curve, a distance of 33,50 feet to a point on the westerly projection of the south right of way line of N.W. 3rd Avenue as shown on said plat of Boynton Hills; thence N.7s033'1S"E., along said south right of way line. a distance of 46.69 feet to a point on a non tangent curve concave to the south having a central angle of 5024'45" and a radius of 616.6S feet with a chord bearing of S.79011'ST'E,; hence east, along the arc of said curve and along the north right of way line of said N, W. 3{Q Court said line also being the south line of lot 192, block A, said plat of Boynton Hills, a distance of 58.25 feet to a point on a non tangent curve concave to the east having a central angle of 17023'46" radius of 85.32 feet and a chord bearing of N.1018'38"E. said point also being a point on the east line of said lot 192, block A; thence north, along the arc of said curve, a distance of 25.90 feet to a point on the south right of way line of said N.W. 3rd Avenue; thence N.75033'1S"E" along said south right of way line, a distance of 77.67 feet to a point on a curve concave to the east having a central angle of 145003'35", radius of 35.32 feet and a chord bearing of S.3001'27"W; thence southerly, along the arc of said curve, a distance of 89.42 feet to a point on the north right of way line of said N.W. 3rd Court; thence S,20P29'40"W., a distance of 25.00 fee.t to a point on the centerline of said N.W, 3rd court and a point on a curve coneave to the south having a central angle of 0002'09", radius of 591.65 feet and chord bearing of S.69026'S4"E.; thence easterly, along the arc of said curve, a distance of 0.37 feet; thence S.20034'08"W., A distance of 25.00 feet to a point on the south right of way line of said N.W. 3rd Court and a point on a curve concave to the south having a central angle of 18014'24", radius of 566.65 feet and a chord bearing of N,78033'04"W.; thence westerly, along the arc of said curve and along said south right of way line, a distance of 180.39 feet to the point of beginning. Including Lot 192, a triangular parcel which functioned as a median within NY 3rd Court. Containing 10,819 square feet or 0.2484 acres more or less. \ \ A II ---------------~-- . , j' i ; DrSCLAIMliR r i I: II KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of the road right of way for N. W. 34d Court as shown on the plat of Boynton Hills, according to the plat thereof as recorded in plat book 4, page 51, public records of Palm Beach County, Florida, including Lot 192, and more particularly described in the attached Exhibit "A". IN \VITNESS \VHEREOF, the duly authorized officers of the City of Boynton jBeaCh, Florida, have hereunto set their hands and affixed the seal of the City this _ Iday of September, 2003. IA TTEST: CITY OF BOYNTON BEACH, FLORIDA i IJanet Prainito Kurt Bressner, City Manager I ICily Clerk ,STATE OF FLORIDA ) )ss: 'COUNTY OF PALNf BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and IJ anet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, IFIOrida, known to me to be the persons described in and who executed the foregoing linstrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this September, 2003. day of NOTARY Pl.JBLIC, State of Florida My Commission Expires: S,\CA\Ord.nanceslAbanOonrrenlslfirsl Sap"Sl Cl'lurcn,doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of agenda reauest (with back up) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Commission Meeting Dates Au ust 5 2003 Au ust 19, 2003 Se tember 2 2003 Se tember 16 2003 October 7 2003 October 21, 2003 November 5, 2003 November 18 2003 Deadline for Submittal to City P & D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A end a Ruest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e. 'r Exhibit "A' o o To' '\J.iP' Department Head's initials: First Baptist Church of Boynton Beach CABAN 99-004) Second Reading Please do not write in the shaded area below. Legal Department signature 0 City Manager's signature o ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing 0 Incomplete submittal 0 Missed deadline 0 Other 0 Reason: Person contacted to pick up rejected request on (Date) by bg - 7/19/02 S:\Planning\SHARED\WP\PROJECfS\FIRST BAPTIST CHURCH ABAN\Agenda Item Cover CHECKUST Aug 5-Nov 18, 2C'03.doc CITY OF BOYNTON BEACH AGENDA ITEIVI REQUEST FORM R~qu~sted City Commission Date Final Form :'v1ust b~ Turned Request~d City Commission Date Final Form \'1ust be Turned Meeting Dates in to City Clerk's Offic~ Meeting Dates in to Citv Clerk's Office 0 August 5, 2003 July 14,2003 (Noon,) [g] October 7, 2003 S~ptember 15,2003 (Noon) 0 August 19,2003 August 4. 2003 (Noon) 0 October 21,2003 October 6, 2003 (~oon) 0 September 2, 2003 August 18,2003 G\oon) 0 ~ov~mber 5, 2003 October 20, 2003 (l"oon) 0 September 16, 2003 September 2. 2003 (Noon) 0 :--iovembcr 18,2003 November 3,2003 (Noon) c:) 0 Administrative [8J Legal G-) -, <,/) -:.." NATURE OF 0 Announcement 0 New Business rTi - -0 -.>'-' AGENDA ITEM 0 City Manager's Report 0 Presentation f',) ~-:l._:.: ~ " r__ 0 Consent Agenda 0 Public Hearing - --~ ~. 'L .:0._ " -)-i 0 Code compliance/Legal Settlements 0 Unfinished Business ~ iJ .-.:;l -- :=: .;:. \.C -.., - ~:=;.~ .r-- - RECOMMENDATION: Please place the request below on the October 2,2003 City Commission agenda-dnder ',- Legal - Ordinances. Be reminded that the Planning and Development Board forwarded this request with a positive recommendation on October 26,1999, and the Commission approved this item under Public Hearing on November 2, 1999 based, in part, on the fmding that the subject right-of-way no longer served a public purpose. For further details pertaining to this request see attached Department of Development Memorandum No. 99-246. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: N.W. 3RD COURT (FIRST BAPTIST CHURCH) Bradley Miller, Miller Land Planning Consultants City of Boynton Beach Intersection ofN,W. 3rd Court and N.W, 3rd Avenue Request for abandonment of a 0.248-acre, triangular-shaped portion of the N. W. 3 rd Court right-of-way located between the First Baptist Church and N.W. 3rd Avenue. The incremental abandonment ofN.W. 3rd Avenue began in 1994, and has culminated in the request for abandonment of this final segment to make way for the church expansion project that received site plan approval on May 21, 2002. The subject abandonment was originally processed and granted conditional approval in late 1999. Due to the existance of conditions, ordinance adoption has been delayed until all conditions are satisfied. Staff understands that the necessary easements have now been dedicated thereby satisfying the subject conditions from the City and FP & L. Staff continues to endorse the approval of this abandonment. PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TIVES: City Manager's Signature :?----~ I ~ ? Planning and Zoni _ ~lrector ('-\'/1 I ^ ... (/\ I;' ~ , , (./.,-(r1.;,c-. "L-I"'-b :I City Attorne Aa/ finance / Human Resources Document 1 DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM NO. PZ 99-246 TO: Chairman and Members Planning and Development Board THRU: Michael W Rumpf Planning and Zoning Director FROM: Jose Alfaro Assistant Planner DATE: October 22, 1999 SUBJECT: First Baptist Church Abandonment (ABAN 99-004) Northwest 3rd Court NATURE OF REQUEST Bradley Miller of Miller Land Planning Consultants, Inc., agent for the First Baptist Church, is requesting abandonment of that remaining portion of the road right-of-way for Northwest 3rd Court located southeast of NW 3rd Avenue, as shown on the plat of Boynton Hills, according to the plat thereof as recorded in plat book 4, page 51, public records of Palm Beach County, Florida, which is also described as follows (See Exhibit "A" - Location Map) : Beginning at the intersection of the east right of way line of N.W. 1 st street and the south right of way of said N.W. 3rd court, said point also being the northwest corner of lot 123, block A of said plat of Boynton Hills; thence N.1012'45"W., along the northerly projection of the easterly right of way line of said N.W. 1st Street, a distance of 7.94 feet to a point on a curve concave to the southeast having a central angle of 76046'00" and a radius of 25.00 feet; thence northeast, along the arc of said curve, a distance of 33.50 feet to a point on the westerly projection of the south right of way line of N.W. 3rd Avenue as shown on said plat of Boynton Hills; thence N.75033'15"E., along said south right of way line, a distance of 46.69 feet to a point on a non tangent curve concave to the south having a central angle of 5024'45" and a radius of 616.65 feet with a chord bearing of S. 79011'57"E.; hence east, along the arc of said curve and along the north right of way line of said N.W. 3rd Court said line also being the south line of lot 192, block A, said plat of Boynton Hills, a distance of 58.25 feet to a point on a non tangent curve concave to the east having a central angle of 17023'46" radius of 85.32 feet and a chord bearing of N.1018'38"E. said point also being a point on the east line of said lot 192, block A; thence north, along the arc of said curve, a distance of 25.90 feet to a point on the south right of way line of said N.W. 3rd Avenue; thence N.75033'15"E., along said south right of way line, a distance of 77.67 feet to a point on a curve concave to the east having a central angle of 145003'35", radius of 35.32 feet and a chord bearing of S.3001 '27"W; thence southerly, along the arc of said curve, a distance of 89.42 feet to a point on the north right of way line of said N.W. 3rd Court; thence S.20P29'40"W., a distance of 25.00 feet to a point on the centerline of said N.W. 3rd court and a point on a curve concave to the south having a central angle of 0002'09", radius of 591.65 feet and chord bearing of S.69026'54"E.; thence easterly, along the arc of said curve, a distance of 0.37 feet; thence S.20034'08"W., A distance of 25.00 feet to a point on the south Page 2 Memorandum No. PZ 99-246 ABAN 99-004 right of way line of said N.W. 3rd Court and a point on a curve concave to the south having a central angle of 18014'24", radius of 566.65 feet and a chord bearing of N.78033'04"W.; thence westerly, along the arc of said curve and along said south right of way line, a distance of 180.39 feet to the point of beginning. Containing 10,819 square feet or 0.2484 acres more or less. Those parcels adjacent to the subject right-of-way have been purchased and assembled for the ultimate expansion of the church. A conceptual site plan for the project, showing the planned establishment of all required easements and necessary relocations, was provided as part of this abandonment application (See Exhibit "B"). The attached Exhibit "C" is a survey that shows the location of the subject right-of-way and includes a legal description for that portion of the right-of-way to be abandoned. BACKGROUND The subject request represents a further abandonment of this right-of-way, which first began in 1994, by Resolution No. 94-53, when a three-hundred-seventy-four (374) foot segment of NW 3rd Court was abandoned and closed to Seacrest Boulevard. The subject request is for the abandonment of the remaining portion of this right-of-way located southeast of its intersection with NW 1st Street. It is logical to request this abandonment which will allow the church to square-off its property and plan for the expansion of its facility. The Church owns all the surrounding properties on both sides of NW 3rd Court, south of NW 3rd Avenue. Florida Power and Light, and City of Boynton Beach Utilities Department require easement rights adequate to preserve utilities within this area. This is effectively dealt with in the conditions of approval, whereby the applicant must show that such easements are established prior to final approval of this request. ANAL YSIS Public notice has been given to the property owners that abut the right-of-way to be abandoned, and has been advertised in the newspaper. A summary of the review by the utility companies and city staff as follows: CITY DEPARTMENTS Planning and Zoning No objection as long as conditions of approval are met Engineering No objection. Utilities No objection provided that a utility easement be to the City over the existing sewer and lines within the current right-of-way. The should be required to provide needed description and dedication of the easement to finalization of the abandonment. PUBLIC UTILITY COMPANIES Florida Power and Light FPL is unable to abandon the existing power line easement that services the church. However, FPL is Page 3 Memorandum No. PZ 99-246 ABAN 99-004 willing to abandon the easement that services the existing residences west and north of the church, provided that a new easement be provided for future growth. Bell South No objection. Florida Public Utilities Company No objection. Cable Company (Comcast Telemedia, and Adelphia) No objection. The following is a description of the zoning districts and land uses of the properties that surround the subject right-of-way. North - Residential property zoned R-I-A (Single family residential district). East Seacrest Boulevard and farther east, residential property zoned R-2. South - Boynton Beach Boulevard and farther south residential property zoned C- 2 (Neighborhood Commercial) West - Residential property zoned R-I-A. RECOMMENDATION Staff recommends approval of this request, subject to comments included in Exhibit "0" - Conditions of Approval. xc: Central File J:ISHRDATA\PlanningISHAREDIWP\PROJECTSIFIRST BAPTIST CHURCH ABANlstaff report- aban,aoc ~---€-~\ \'~ "d 3 -,~'\\I' \,...ll:';,'1~ \J~ "I' ,1->., \'\ \:'CI ,,\I, \\I~y,\II" """..,:;;.' ~ . ~..... . :-~~ . ,"'-" ~ \ . \ , I \ tl · ,. ' · · .' . . I' .,' -'&"- ::;c:- ...' ,,"'" " '.' ,^. III ,I .u:~ ,", \,,~r. . '0f'C" ~"'~ ' , , r J .," '" I \i\\ ill.1IJ'. .~... ~ \'" .. ,.'~ _: -- "i'\~:;- "... :.", cv-< ' ,I _ . ' .. \ ,_, ~r'i'I"i" [\1\: ' ' '., ~ ,. P. \ , -,... ... '. ,n,;;;. 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L, I"; '. ,v ..l..>-\"'\ ~ ~ /~ ~~t::.' ~-"",a~~-_r~\> / J ~ >/.-// ~_ . ~ I' ""1 - .. //' ~ \!~u~1\O~ \ i .-- \ t. . \ .t--. r~ - ..; , --- '-' - *\ ~~ l!"" .l \~ .-..;.. ,C; c::- t:.^ I " ....... - till ., ,/ ,,/ ____;t- ; }---' ' to:;~ t ~t/~ 1'~ ~ .~ . ~) - .... . ;l:. r~ ~ · Il:\ ~~ 3,1~ ~ ~ ,I ... 1/~ ~ ,,~~ - ,.. j Or, ~ ~,t ~ \ \ , \ ~ \.,~ ~.I \ \~~.\ - V ~~ \ ~1 \"'~ . , . \4J ~ PROPOSED ABANDONMENl [] R/W ABANDONED .. _ ,CHURCH OWNED PROPER1\ES --- <t tC'~ ~ ) - -------------------- ___"_.-J- ---~ --..- _.--~-------~ I j I I I I ORDINANCE NO. 0 03 I I , I 'I , I Ii , I i AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF THE ROAD RIGHT OF WAY FOR N.W. 3RD COURT, SUBJECT TO STAFF COMMENTS; AUTHORIZING EXECUTION OF A DISCLAIMER, WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the First Baptist Church has requested abandonment of that remaining ortion of the road right-of-way for Northwest 3rd Court, including the triangular parcel (lot 192) which functions as a median within NW 3rd Court, subject to staff comments, and reserving adequate utility easements to the City of Boynton Beach; and WHEREAS, comments have been solicited from the appropriate City Departments, d public hearings have been held before the City's Planning and Development Board, and he City Commission on the proposed abandonment; and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated erein by this reference. , Section 2. The City Commission of the City of Boynton Beach, Florida, does ereby abandons a portion of the road right of way for N.W. 3rd Court as shown on the plat of oynton Hills, according to the place thereof as recorded in plat book 4, page 51, public ecords of Palm Beach County, Florida. The abandonment includes Lot 192, a triangular arcel which functioned as a median within NW 3rd Court, and more particularly described in he attached Exhibit "A". Section 3. The City Manager is hereby authorized and directed to execute and e1iver the attached Disclaimer and cause the same to be filed in the Public Records of Palm each County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this _ day of ,2003 S:ICAIOrdinanceslAbandonmentslFirst Baptist Church,doc i I Ii , I I, II I! I I I I SECOND, FINAL READING AND PASSAGE THIS ,2003. day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner TTEST: ity Clerk $;ICAIOrdinanceslAbandonmentsIFirst Baptist Church,doc A portion of the road right of way for N.W. 3rd Court as shown on the plat of Boynton Hills, according to the plat thereof as recorded in plat book 4, page 51, public records of Palm Beach County, Florida, described as follows: Beginning at the intersection of the east right of way line of N.W. 1st street and the south right of way of said N.W. 3rd court, said point also being the northwest corner of lot 123, block A of said plat of Boynton Hills; thence N.1012'45"W., along the northerly projection of the easterly right of way line of said N.W. 1st Street, a distance of 7.94 feet to a point on a curve concave to the southeast having a central angle of 76046'00" and a radius of 25.00 feet; thence northeast. along the arc of said curve, a distance of 33,50 feet to a point on the westerly projection of the south right of way line of N.W. 3rd Avenue as shown on said plat of Boynton Hills; thence N.75033'15"E., along said south right of way line, a distance of 46.69 feet to a point on a non tangent curve concave to the south having a central angle of 5024'45" and a radius of 616.65 feet with a chord bearing of S. 79011 '57"E.; hence east, along the arc of said curve and along the north right of way line of said N,W. 3rd Court said line also being the south line of lot 192, block A, said plat of Boynton Hills, a distance of 58.25 feet to a point on a non tangent curve concave to the east having a central angle of 17023'46" radius of 85.32 feet and a chord bearing of N.1018'38"E. said point also being a point on the east line of said lot 192, block A; thence north, along the arc of said curve, a distance of 25.90 feet to a point on the south right of way line of said N.W. 3rd Avenue; thence N.75033'15"E., along said south right of way line, a distance of 77.67 feet to a point on a curve concave to the east having a central angle of 145003'35", radius of 35.32 feet and a chord bearing of S.3001'27"W; thence southerly, along the arc of said curve, a distance of 89.42 feet to a point on the north right of way line of said N.W. 3rd Court; thence S.20P29'40"W., a distance of 25.00 fee.t to a point on the centerline of said N.W. 3rd court and a point on a curve con€ave to the south having a central angle of 0002'09", radius of 591.65 feet and chord bearing of S.69026'54"E.; thence easterly, along the arc of said curve, a distance of 0.37 feet; thence S.20034'08"W.. A distance of 25.00 feet to a point on the south right of way line of said N.W. 3rd Court and a point on a curve concave to the south having a central angle of 18014'24", radius of 566.65 feet and a chord bearing of N.78033'04"W.; thence westerly, along the arc of said curve and along said south right of way line, a distance of 180.39 feet to the point of beginning. Including Lot 192, a triangular parcel which functioned as a median within NY 3rd Court. Containing 10,819 square feet or 0.2484 acres more or less. \ I A /J ---,---~----_..---- i ; \ ! DISCLAIMER I KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of the road right of way for N.W, 34d Court as shown on the plat of Boynton Hills, according to the plat thereof as recorded in plat book 4, page 51, public records of Palm Beach County, Florida, including Lot 192, and more particularly described in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ day of September, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Praini to /City Clerk Kurt Bressner, City Manager STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _ day of September, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CAIOrd.nanceslAbandonmenlsIFirst Bapbst Churcl1,dOC CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one COPy of aaenda reauest (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City, I! Deadline for Submittal to City Ii P & D/CRA Requests Deadline Commission Meeting Clerk's Office Dates I i DAu ust 5, 2003 DAu ust 19, 2003 DSe tember 2, 2003 DSe tember 16 2003 October 7, 2003 October 21, 2003 November 5 2003 DNovember 18 2003 Departments are responsible for securing the following si natures on attached A end a Re uest Form: De artment Head 0 Wilfred Hawkins for de artments under Administrative Services 0 Finance De artment for items that involve ex enditure of funds 0 All back u material is attached D All exhibits are attached & marked e. ., Exhibit "A' 0 t\ c,fr---- Department Head's initials: First Baptist Church of Boynton Beach CABAN 99-004) Please do not write in the shaded area below. Legal Department signature 0 City Manager's signature D ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing 0 Incomplete submittal 0 Missed deadline 0 Other 0 Reason: Person contacted to pick up rejected request on (Date) by bg - 7/19/02 S:\Planning\SHARED\WP\PROJECTS\FIRST BAPTIST CHURCH ABAN\Agenda Item Cover CHECKLIST Aug 5-Nov 18, 2003.dcc .' ~ ( - CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Anal Form Must be Commission Meetlna Turned in to City Clerk's Commission Meetlna Dates Tumed in to CitY Clerk's Office ~ Qffis;g 0 July 20, 1999 July 7,1999 (5:00 p.m.) 0 September 21, 1999 September 8,1999 (5:00 p.m.) 0 0 September 22, 1999 (5:00 August 3, 1999 July 21,1999 (5:00 p.m.) October 5,1999 p.m.) ~ August 17, 1999 August 4,1999 (5:00 p.m.) 0 October 19,1999 October 6, 1999 (5:00 p.m.) 0 September 7, 1999 August 18,1999 (5:00 p.m.) 0 November 2. 1999 October 20,1999 (5:00 p.m.) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM ~ Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation RECOMMENDATION: That Commission approves Resolution 99-_ for a Special Warranty Deed conveying title to: Eric and Kimberly Johnson for Lot 52, less the West 20', Lot 53, 54 and the West 5' of Lot 55, CHERRY HILLS, as recorded in Plat Book 4, Page 67 of the Public Records of Palm Beach County, Florida. EXPLANATION: Mr. & Mrs. Johnson have been approved for a mortgage as participants in the City's Infill Construction Program. They have selected a city-owned lot in order to build a single family dwelling for their family of six (6) in order to reside in Boynton Beach. PROGRAM IMPACT: A new single family dwelling will be added to a neighborhood located within the City's target area, Upon approval, this would be the third (3rd) new home pending construction in this location this year. FISCAL IMPACT: Taxable value added to the City of Boynton Beach of approximately $90,0000.00, less homestead exemption. The vacant lot itself is valued at approximately $9,500.00, and being currently owned by the municipality, we collect no revenue from it. ALTERNATIVES: None. City Manager's Signature Department Head's Signature Department of Development Division of Community Redevelopment Department Name City Attorney I Finance I Human Resources J:\SHRDA T A \CommunityRD\Agenda Requests.doc\CC 8-17 -99InfiIlJohnson.dot ......:"=.1 4. , - tJ C ... 4~ .. . . lL'" . . . . , . I , -..-.------ . , , I I , . t I. , . . . . . - , . , , \ , :. 'L"- ~~ 1 - - 0 ~ .... G) '-' I '711 8~ "'" 0 I 1 r . f\.J . - ~ ~ 0 - . ....-. c.. ~. I - 6' - .. N , '. .. . ,. .. ~' I L.:: \ l , ' l~"" ., ... . ~ t::::J .z;::. . 1 .J ......... v-J .... " ('-J ~ ,. ~ ,'l ~ I " <I 0 , "4 ~ - r~ VI CO' ::flUI15 Or') ,/ 0500 "'" ~ . ~ vI- ";'!fH) ,J 0521 (1) ~ . . . . \..J 8:>ff-I/J;',-;I.)~ 600 ~ 'J - 0621 (1) ~ 0641 01 ~ , I . . . I , , , . . . '. . . ~a .. -~ ST ~\ .. .. . \ 0 I I I , , - 'I"""'!I 5th z ~ III .. ~ '. .1 I(. , I I , : I I , . , , , , , , . I , . ~ , , , , I : : . I . . I ,,01 ,. "" ~ - ra 110 ~. ~ ., , : . : I , I , . I r . -''J ; - J , .. I ~ I .. V- I . . I / . : I , I . . . I " " ~. \~O L c.D =r - l~~ .. . I It, ' I : : I 1_0 l. - - I '" .. . I , : : , I NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that the City of Boynton Beach, Florida has determined to sell the following described property: A PORTION OF THE ROAD RIGHT OF WAY FOR N.W. 3RD COURT AS SHOWN ON THE PLAT OF BOYNTON HillS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 51, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. The sale of the property is for public purpose pursuant to an agreement between the City of Boynton Beach and the First Baptist Church. PUBLIC HEARINGS TO CONSIDER THE REQUEST IS SCHEDULED BEFORE THE CITY COMMISSION ON DATE OF CC MEETING? AT 6:30 P. M. AT THE CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Plannina and Development Board? and City Commission with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH: DATE TO BE PUBLISHED? The Post J:\SHRDATAIPLANNING\SHARED\WPIPROJECTSIFIRST BAPTIST CHURCH ABAN\LGLNOTlCE INTENT TO SELL.DOC REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: Plannina and Zonina Division PREPARED BY: Michael W. Rumpf DATE PREPARED: October 6,1999 BRIEF DESCRIPTION OF NOTICE OR AD Notice of Intent to Sell Propertv (see attached) for the ?????(date)- City Commission meetinas SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: Director of Plannina and Zonina. NEWSPAPER(S) TO PUBLISH: The Post DA TE(S) TO BE PUBLISHED: DA TE NOTICE TO BE PUBLISHED LAST DATE TO FAX TO THE PAPER BY 3:00 P.M.: DATE NOTICE TO BE FAXED APPROVED BY: (1 ) (Originator) (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: J:\SHRDATAIPLANNING\SHAREDlWPIPROJECTSIFIRST BAPTIST CHURCH ABANILGLNOTICE INTENT TO SELL.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ ##-### TO: Sue Kruse City Clerk FROM: Michael W. Rumpf Acting Planning and Zoning Manager DATE: SUBJECT: The First Baptist Church P & Z FILE # Accompanying this memorandum you will find an application and supporting documentation for the above-referenced case. The legal advertisement for this request will be forwarded to your office after review by the City Attorney. This request is scheduled for the P&D BOARD MEETING DA TE Planning and Development Board and the COMMISSION MEETING DATE City Commission meeting. Please advertise in the newspaper. MWRdim Attachments J:ISHRDATAIPLANNINGlSHAREDlWPIPROJECTS\FIRST BAPTIST CHURCH ABANlLGLNOTICE INTENT TO SELL.DOC