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LEGAL APPROVAL 120 E. Boynton (;) P. 0 Box 310 . ~.. Boynton Beach, Beach Blvd ~~y ot BOYNTON BEACH Florida 33425-0310 (305)734-811] September 15, 1987 ~ l.~, ~D ". ii ....4-...... " , ~ P I '( m81 Mr. David S. Pressly Moyle, Flanigan, Katz, FitzGerald & Sheehan, P.A. 9th Floor Barnett Center 625 N. Flagler Drive P O. Box 3888 W Palm Beach, FL 33402 PLf'\NI~ii'tG DEPT. ~ RE Quantum Park - Land Swap (PCD Parcel> Dear Mr. Pressly In response to your letter and request of September 9,1987, that was addressed to Carmen Annunziato, city Planner, attached please find a copy of Ordinance # 86-48 which amends the future land use element of the City's Comprehensive Plan. If I can be of any further assistance, please do not hesi- tate to contact me. Thank you. Sincerely, CITY OF BOYNTON BCH. ;{~- Betty S. Baroni City Clerk BSB mas Enclosures cc: Carmen Annunziato City Planner a/ltr ",' .. ;>"1', ... '-=---.. "'" -~" !I' I ORDINANCE NO. 86-48 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM RECREATION (REC) TO PLANNED COMMERCIAL DEVELOPMENT DISTRICT (PCD), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Ci ty Commission of the City of Boynton Beach, Florida, has heretofore adopted Ordinance No. 80-19 in which a Revised Zoning Map was aqopted for said City; and WHEREAS, the City of Boynton Beach has heretofore filed a Petition pursuant to Section 9, Appendix A-Zoning of the Code of Ordinances of the City of Boynton Beach, Florida for the purpose of rezoning a certain parcel of land consisting of 13 03 acres located within the municipal limits of said City, said property being more particularly described hereinafter, from Recreation (REC) to Planned Commercial Development District (PCD); and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY""TfIE"" t:'.t'rL '\;~A..I.aSstai'bF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That the following described land, located in the City of Boynton Beach, Florida, to wit: The East 1/2 of the Northwest 1/4 of the Southwest 1/4 less right-of-way of Seaboard Coastline Railroad and less right-of-way of State Road 9 (I-95) in Section 16, Township 45 South, Range 43 'CI"!\iI""'I'" " II I' p il !I 'I I I I is I Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. That this rezoning hereby granted for the purpose of permitting the development of said land as a Planned Commercial Development District (PCD) specifically in accordance with the development plans and specifications therefore now on file with the office of the City Planner of the City of Boynton Beach, Flor id and all requirements, terms and condi tions established and set forth in the minutes of the Planning and Zoning Board and the City Commission of the City of Boynton -" Beach, Florida, pertaining to the review and approval of said application which minutes are hereby made a part hereof by reference and staff comments are attached hereto as -=:::~ Exhibit "A". Except as provided herein, all development on the subject property shall proceed in strict accordance with all ordinances of the City of Boynton Beach, including but not limited to, its zoning, electrical, plumbing, subdivision, planning and zoning codes and all other rules and regulations of the State of Florida, Department of Environmental Regulations. Section 3: All ordinances or parts of ordinances in '" conflict herewith are hereby repealed. Section 4: Should any section~~~ision of this -~ Ordinances or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective .... immediately upon passage. .. .. .). . SECOND, FINAL READING and PASSAGE this I~. day of , ~9f~mbd, 1987. CITY OF BOYNTON BEACH, FLORIDA ~t (L,~ ~# lQ~i~ Vl.ce Ma r ~,"'" "'"' ~~ .y:7 ~'- Comml.ss~oner -, \ ATTEST: ~~: CJ.ty erk (Corporate Seal) ---., '\ ~.::r.. i>:-".....:,...~.;'Sf..~-o,;,.,-~...... ........ - <""c-...., 1 ..,..,.",", ..-~ o Jej:) f~ -~j ,--.,. \ LAND USE ELEMENT AMENDMENT AND REZONING 2. PROJECT NAME: AGENT: ", OWNER: LOCATION: DESCRIPTION: ------ r' , i , I The PCj Center stevenlw. Deutsch City 0' Boynton Beach N. w. ~2nd Avenue at Interstate 95, so~thwest corner. Reques~ for Future \Land I - 2\5 - an amendment to the Use Element of the l " (' MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 r" ., " Comprehensive Plan from / Recreational to Office Commercial, and rezoning from REC (Recreation) to PCD (Planned Commercial Development District) for the purpose of allowing construction of a 13.03 acre office development to be included as a part of the Boynton Beach Park of Commerce. i Mr. Cannon distributed to the Board members a memorandum, dated June 3, 1986, written to him from Deutsch Ireland properties. Mr. Annunziato stated the referenced memorandum from Deutsch Ireland properties addresses the Technical Review Boardts concern about the access plan to the subject property. Essentially, the TRB and the applicant have worked out their differenc~s concerning access. Mr. Annunziato will be discussing that item on page 4 of the report which specifi- cally addresses the acess plan. Mr. Annunziato reported this is a parcel which is currently owned by the city. It was acquired by the City from Palm Beach County. Palm Beach County acquired the property because of delinquent taxes. It was dedicated to the City subject to its being used for recreational purposes. However, it became apparent both to the city and the appli- cant that this was not the most appropriate location for a future City park. The Master Plan for Boynton Beach Park of Commerce shows on that Master Plan a 17 acre parcel on the extreme "northwestern portion of the property which will be idedicated to the City as a public park. Mr. Annunziato stated this rezoning is actually a land swap between the city and the developer of the Boynton Beach Park of Commerce. Presently, the property is largely undeveloped except for a shooting range maintained by the Fraternal Order of Police, a Police Dog Training Facility, and a Police Dog Cemetery. To describe the surrounding property, Mr. Annunziato stated to the east is the Interstate 95 right-of-way. To the east -~ '-'" ~, - 26 - !' " ( ( MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 ....... of the referenced right-of-way is a single-family zoning district. High Ridge Road lies approximately 600 feet to the left of the parcel and is presently a two lane road. Mr. Annunziato noted that the Boynton Beach Park of Commerce Master Plan calls for High Ridge Road to be relocated so that coming down from the north it swings to the east and would run along the western boundary of the subject parcel and swing back into the Boynton Beach Park of Commerce. Mr. Annunziato advised that road would be built as a four lane divided collector road. -", '" Chairman Trauger questioned the rationale of curving that road in to come down along this site and back out when there is a straight-road down. Mr. Annunziato clarified the pur- pose would be to obtain a better lot configuration within the Boynton Beach Park of Commerce. He stated the preferred depth of lots from the existing highway, High Ridge Road, to the railroad tracks was excessive and not easily develop- able. By swinging High Ridge Road to the east, they would be able to create a better development. This is the way the Master Plan was- approved. In response to Mr. deLong'S inquiry regarding funding of the program, Mr. Annunziato responded it was the Boynton Beach Park of Commerce's responsibility. i Mrs. Huckle asked if the Boynton Beach Park of Commerce I owned the property north of 22nd Avenue along I-95. i Mr. Annunziato advised they did, and it was in the PID. I Mr. DeLong questioned if the city was picking up about 3.97 . acres. Mr. Annunziato stated the ultimate acreage in the land swap has not been fully decided yet because there are still some -items being discussed which included land configuration, ~ize, and environmental constraints of deve- lopmenton this swap property. Mr. Cannon pointed out on the screen the location of this subject property. Mr. Annunziato stated it would be located at Miner Road and IE-4 Canal, which puts it in closer proximity to those por- itiona of the City that are going to develop residentially. IMr. Annunziato verified to Mr. deLong that basically it : would be no less than an even swap, and the City might be ipicking up free additional acres. '" - 27 - (' ! '- r '- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 Mr. Cannon pointed out that the City has acquired a parcel of property approximately 20 acres in size on Seacrest Boulevard. Mr. Golden pointed out on the screen where the parcel was located. Mr. Cannon stated the property would be the site of the City's North District Park, and that park would take care of the recreational needs for most of the northern end of Boynton Beach. '" ,Mr. Cannon stated, as far as the land uses for the surrounding area in the Boynton Beach park of Commerce, the parcels to the north of the subject parcel and to the west of the subject parcel are designated on the Master Plan for office and/or hotel development. The parcel to the north- west will be designated for office development. The par- cels to the south and to the southwest are designated for industrial, research, and developmental uses. !Going to the specific criteria by which the Planning iDepartment is evaluating this rezoning application, Mr. Cannon directed the Board's attention to the top of \page 3, "Whether the proposed rezoning would be consistent iwith applicable Comprehensive Plan policies." Mr. Cannon ]stated the city has acquired a site for the North District !Park. Therefore, the recreational needs for that part of jthe City are going to be satisfied. This parcel is no Ilonger necessary or desirable for development as a City ipark. IIo order to prevent indiscriminate destruction of native Ivegetation, Mr. Cannon recommended that the applicant '[attemPt to preserve the existing sand pines and slash pine trees to the maximum extent possible. This reflects a Irecommendation made in the Planning Department's Evaluation ~nd Appraisal Report that the city take a strong stand in ~espect to preserving trees. There is a tree preservation rdinance, but it allows a wide range of latitude by evelopers. The Planning Department is suggesting that the ~evelopers, not only in this parcel but in all future site lans and rezoning applications, preserve the trees to the aximUffi extent possible. I ~he Planning Department makes a recommendation, which is ~imilar to the conditions placed on the Boynton Beach Park pf Commerce, that the applicant seek to minimize erosion and ~educe blowing sand on the site. ~I- - 28 - I" -, [ \ MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 Mr. Cannon believed the criteria B, C, E, F, and H can be largely summarized to meet all the criteria which deals with compatibility with the surrounding property, its developa- bility under the existing zoning, and the availability of :sites elsewhere in the City. "";"-:;" TO s~arize all the listed conditions, the Planning ,Department has determined the desirable land use for this !particular parcel has changed because of the availability of :alternate park sites and the development of the surrounding property as 'an office and industrial development. The use !the applicant proposes, which is office development, is the most appropriate development for this particular parcel. ~r. Cannon added that land use conflicts with the 'surrounding properties would not be created. Mr. Cannon directed the Board's attention to Condition D on Page 4, "Whether the proposed rezoning would be compatible with utility systems, roadways, and other public facilities." Mr. Cannon stated the Planning Department made a few estimates of the water and sewer demands that would be c~eated by the Boynton Beach Park of Commerce, that is, a comparison between water and sewer generated by the office development, and the amount generated by a park. However, the water and sewer generated for an office development would not be significant and could be accommodated by the improvements that are going to be made with the development of the Boynton Beach Park of Commerce. Mr. Cannon advised the proposed PCD site would generate about 3,000 trips per day compared to 780 trips which would be generated if the site were to be developed as a park. In the evening peak hours, it would generate about 600 trips. The applicant submitted a traffic impact analysis for the peD site which determined that the improvements which are going to be made with the development of the Boynton Beach Park of Commerce would be adequate to serve the traffic needs generated by the proposed PCD. Mr. Cannon directed the Board's attention to the middle of Page 4, where it states, "If the interchange is constructed at 1-9~ and N. W. 22nd Avenue, the developer would be required to six lane 22nd Avenue from Seacrest Boulevard to '" - 29 - ....,- """, ( <- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 , -, the center of the Park of Commerce." He stated this will be the basis for the needs for improvement to N. W. 22nd Avenue. However, the developer was required only to four lane N. W. 22nd Avenue and not to six lane that road. The six laning of that road would have to completed by the County or DOT. Mr. Cannon stated the only major area of disagreement between the applicant and the City was concerning access from the site. The applicant is proposing a maximum of three parcels that would occupy the site and, as shown on the original I Master Plan, tour access points from High Ridge Road and one access point from N. W. 22nd Avenue. At this point, Jim Golden displayed the Master Plan on the screen for the Board's review. He denoted where the access roads were located. Mr. deLong questioned the length of the stretch along High Ridge Road. Mr. Annunziato clarified it was about 1300 feet. Mr. deLong questioned how you could not allow four access roads for the previous applicant, and allow four access roads for this applicant. Mr. Annunziato clarified that it was not suggested that the City approve four access roads for this applicant. He stated this was a request sub- mitted by the applicant. Referencing Page 4, Mr. Cannon stated the City staff originally recommended that access to the sites on High Ridge Road be limited to two driveways and the access to N. W. 22nd Avenue be eliminated entirely since that is a ramp for 22nd Avenue which leads up to the overpass over I-95. The Planning Department considered this to be an unsafe location to have an access road to the property because of a ramp coming down and going up to the overpass. The Planning Department had a meeting recently with the applicant. Referring to the memorandum distributed to the Board members earlier, Mr. Cannon stated it indicates that the City has reached an agreement with the applicant. That agreement is the city is conceding there should be three access points from High Ridge Road, and each one of these access points would be served by a left turn lane south- bound, and the northern-most access point will be centered 350 feet south of N. W. 22nd Avenue - 30 - /_., , \ l MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 ., ij 1; ._" Mr. Cannon advised at this point the Planning Department is agreeing this Master Plan will not include approval of-the access road onto N. W. 22nd Avenue. Whether that access is allowed will depend on the specific design of the interchange on 1-95 and N. W. 22nd Avenue, if and when that occurs. In reply to Chairman Trauger's inquiry concerning the I-95 interchange, Mr. Annunziato clarified the various options proposed in the Benefit Cost Analysis did not suggest a ,clover-leaf type interchange. It suggested diamond type I interchange which in effect would structurally build an : interchange very similar to the intercha~ge at Hypoluxo Road iwhere you do not have long sweeping curved entrances and ,exits. There has been additional discussion on having :interchanges to the center and creating ope intersection. 'Mr. Annunziato commented you will not see a need for any additional right-of-way for 1-95 interchange. If there is, it will be the responsibility of this developer to make it javailable since he is heavily involved in design, feasibili- ;ties, environmental evaluation, and funding of the interchange. Mrs. Huckle asked if Mr. Annunziato had the figures on the idistancebetween the subject property and I-95. Mr. Annunziato reported it was approximately 100 feet, and was only a separation of the railroad tracks. Mrs. Huckle questioned the depth from N. W. 22nd Avenue to the northern boundary of the subject property. Mr. Annun~iato believed it would be 50-100 feet. "' Mr. Ryder noted when they get to the site plan, their knowledge will be clearer concerning permitting the possible interchange. IMr. Cannon stated the main access on N. W. 22nd Avenue will not be part of this Master Plan approval. The applicant may come back at a future date when the design for that inter- section is finalized. At that time, Mr. Cannon stated the reque-stfor the Master Plan modification will allow the access point. - 31- /'.- '" I \." ~, . MINUTES ~ PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 '-, Mr.deLong clarified the Planning Department is recommending three access points instead of four on High Ridge Road. Mr. Cannon added it would be subject to the conditions the applicant has set forth in his letter, dated June 3, 1986, and that letter should be made part of the Planning and Zoning Board's recommendation. Mr. Cannon-~tated' the Planning Department is recommending approval of this application, and that it be found consistent with the Comprehensive Plan, subject to the staff comments which includes a comment from the Police Department, and that it reflects the TRB's original comments concerning the access points. The approval is also subject to the recommendations made in the Planning Department's memoran- 'dum, as modified by the statements and conditions in the applicant's latter, dated June 3, 1986. Mr. winter stressed his concern over the bulldozing of the dog cemetery for the dogs that served the City. He was con- cerned over what happens to that area. Mr. Cheney noted recently bhe dogs have been buried near the Animal Shelter, but he was not certain. He noted dogs will be removed, advised he would get more information. The Police Department through the Fraternal Order of Police has been involved in discussions. Mr. Cheney has not specifically asked about the. dog cemetery, and acknowledged it will be further discussed and investigated. Mr. deLong cOmInented that Mr. Cannon had not discussed the traffic analysis. In almost everything he reviewed, Mr. Cannon noted almost every level of service fits Level D. Mr. Annunziato confirmed Mrs. Huckle statement that it was a peak time. He stated that critical movement analyses are intersection analyses, and the standard which has been recommended and adopted by the Regional Planning Council is that at only peak times, Level of Service 0 is acceptable. He explained peak time is for an hour and half or so, twice a day, ann intersections will be a little congested at that time. However, over the remainder of the day, the Level of :Service would be C or better. Mr. deLong commented that the means in which the City picked up this land for non-payment of taxes from the County has a restricted use in that it states the property should be used for governmental purposes. - 32 - r~ "{ ( ( MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 Mr. Cheney clarified that the city and the applicant understands that in order for this to go forth, the city would have to get permission from Palm Beach County. Mr. Cheney acknowledged a swap, similar to this one, was made once before near Westside Baptist Church where there jwas much land, and the City swapped the land with the :Church.. It went before the Board of County Commissioners !with no problems. Mr. Cheney had not approached the county iabout this, but he believed there would no problems. When 'the time comes, and we get to the point where the developer !agrees that he will give the City three acres or more, then Iwe know we must approach the Board of Commissioners. iMr. Cheney clarified, at that time, the deed restriction iW9Uld leave this piece of land and be transferred to the lother piece. !According to the requirements, Mrs. Huckle stated it stipu- Ilates the Master Site Plan be presented to the Board in Imore detail. She noted the two proposals presented at this ;meeting we~e incomplete to a large degree. She added if the ;Board is going to review the proposals and approve or idisapprove them according to all the regulations, she isuggested the future submission include a more detailed iMaster Plan, which is delineated in the Zoning Regulations Ito include circulation and other items, and are not on the ipackage submi tted~ ~r. Annunziato commented it has always been a point of linterest as to what level you submit a land use proposal. ISometimes people go to great lengths to prepare a site plan, ~hich probably will be 60-70% accurate by the time they do jthe hard-line site planning. On this site plan, Mr. Annunziato noted the Planning Department knows the loca- ~ions of the access points. Mr. Ryder commented since the lanning Department receives the changes in zoning, they o not f~el it is practical to go to that extent. iscussion continued on this item. Mrs. Huckle noted the Iregulations show exactly what should be submitted, and they ~re adequate under these circumstances since we are all very ~amiliar with the location. However, she stated the Board is ~ttempting to close any possible loops that might interfere d~ making this a perfect situation. We are going to a brand p'ew process of submitting these items to the state. She b:elieved a few more details, such as on the Master Site p~an, specifically set out in our zoning Code under the PCD, would not be too much more to present, and it is required. - 33 - (" , \ \. MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 Developer's Presentation John Moyle Representing the Developer Mr. Moyle wanted to clarify one issue stated on Page 4 in the middle paragraph. He stated Mr. Cannon mentioned the correction concerning six laning N. W. 22nd Avenue. He should have continued and mentioned the four laning of N. W. 22nd Avenue from Seacrest Boulevard to U. S. 1. Mr. Moyle believed Mr. Cannon would confirm that he intended to, but the record will reflect that he did not go that far. Other than that, Mr. Moyle stated he was present in order to answer any questions. Mr. Annunziato clarified that the requirements from the developer from the Development Order issued by the city would involve four laning N. W. 22nd Avenue from Seacrest Boulevard to Congress. There were no requirements for N. W. 22nd Avenue east of Seacrest Boulevard. This has not changed th~se requirements. What is suggested is that when the entire system builds out these improvements must be in place. Mr. Annunziato noted when everything is built in this section of Palm Beach County, there will be a require- ment to add two more lanes to both sections. ~eferring to the statement, I-95 to N. W. 22nd Avenue, Mrs. Huckle noted it stated if the interchange is constructed at I~95 and N. W. 22nd Avenue, the developer will be required to six lane N. W. 22nd Avenue from Seacrest Boulevard to the center of the Boynton Beach Park of Commerce. Mr. Annunziato noted that statement was incorrect, and it should be four lanes. The traffic impact statement shows "need at build out for six lanes." Mr. Annunziato clarified that the developer would not be required to four lane east of Seacrest Boulevard. He added it is a County requirement at build out. Discussion con- tinued. There being no further comments presented in favor or in opposition of the proposal, Chairman Trauger declared the PUBLIC HEARING closed. - 34 - t"----' (- ( MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 ~ Mr. deLong moved to approve the application of the City of Boynton Beach for the land exchange, subject to staff com- ments, and in consistency with the Comprehensive Plan, 'seconded by Mr. pagliarulo. Chairman Trauger stated that it was moved and seconded that the Board approve the request for an amendment to the Future I Land Use Element of the Comprehensive Plan from Recreational ,to Office Commercial, rezoning from REC (Recreation) to peD ! (Planned Commercial Development District) for the purpose of lallowing construction of a 13.03 acre office development to !be included as a part of the Boynton Beach Park of Commerce, land in consistency with the Comprehensive Plan. The motion carried 7-0. _ ,Chairman Trauger notified the developer that this proposal will come before the City Council at their meeting on June 17, 1986, at 8:00 P.M. or as soon thereafter as the Agenda permits. COMMENTS Mr. deLong stated that earlier Mr. winter made a recommen- ,dation concerning Mr. Schorr's application for two access 'points from High Ridge Road. The applicant requested more ,than one access point. Mr. deLong believed, in all fairness to Mr. Schorr and his application, since the Board allowed three access points on a road about the same length on the same highway, some consideration be given to allow Mr. Schorr another egress and ingress on High Ridge Road. Mr. Annunziato clarified there was a substantial difference. This applicant~s road will be four lane divided, and the three driveways will be served by median cuts with left turn lanes in a median, and there is a substantial difference. He noted that is why he pointed out to Mr. Schorr, if he (wanted to build median left turns, it might not create ,as great a problem. Mr. deLong agreed with Mr. 'Annunziato's statement. - 35 - ~ \, ( MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 ADJOURNMENT ."'" There being no meeting of the P.M. -- furthe~ business before the Board, the P1anni1g and zoning Board adjourned at i 10:05 (] r.lJe...L a~, ;xBJ~ Carol Ann Brown I Recording Secretary (Three Tapes) " - 36 - " ',,- ,. ( ( MEMORANDUM . Planning Dept. DATE' May 141 1986 riLl :0" Lt. Dale s. lIarn.'tlack police Dept. SUIUICT The P.C.D. Center N.li. 22nd Ave.. and High Ridge Rd. ) As per the dicussion at the T.R.B. meeting on 13 May 1980, I feel the entrance on N.W. 22nd Ave. has to be eliminated. The entrance is too close to the ~ntersection of both I-95 (S.R. 9) and to Hi9h Ridge Rd. r also feel the number of entrances onto High Ridge Rd .from the site is excessive. I feel the nwnber should be reduced to one with an enclosed loop road or at most two entrances with a loop connector road. t; rat; ih~ Lt. Dale S. Hammack Police Department ) DH as '" - '" II ( ~. " .. ..,... Ii I! If ", i i ...... l' -'" " r oR,P ~~-~ .1 - -- ---- - - -. -. -. ...<,- B. Consider request submitted by steven W. Deutsch, Agent --for the City of Boynton Beach, for an amendment to the Future Land Use Element of the Comprehensive Plan from Recreational to Office Commercial, and rezoning from REC (Recreation) to PCD (Planned Commercial Development District) for the purpose of allowing construction of a 13.03 acre office development to be included as a part of the Boynton Beach Park of Commerce located on NW 22nd Avenue at Interstate 95, the southwest corner Mr. AnnunziatoJ"said this tract is commonly referred to as the F.O.P. (Fraternal order of Police) tract. This property has been the topic of discussion for a potential land swap between the City and developers of the Boynton Beach Park of Commerce with the intent being to relocate an equivalent value tract of land with a parcel of land in the Park of Commerce, more appropriately located for recreational pur- poses. The intent of this activity is to put this property into a land development category consistent with primary uses in the Park of Commerce. A report was presented to the P&Z Board. Some modifications were recommended by the P&Z Board to be incorporated. Mr. Annunziato referred the Members to the last clause in the third full paragraph on page 4 of his memo of May 28, 1986, which read, nhowever, construction of these additional road- - 25 - ..~~ .! '-' ,rf ~~ ( ( MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1986 # way improvements will not be required from the developer of ~he Boynton Beach Park of Commerce" and added, "or this developer" because they are or are not the same. The P&Z Board reviewed the request at a public hearing, at w~ich testimony was received, and it came to the Council with a positive recommendation. The recommendation was b~sed on a report submitted by the P&Z Board, which iJncorporates staff comments as amended by a memo from G~orge w. Zimmerman, Director of Planning, Deutsch Ireland P~operties, Fort Lauderdale, Florida, to the Technical R~view Board, dated June 3, 1986, concerning access. A~ditionally, the P&Z Board made a finding of consistency of tpis request with the Comprehensive Plan. city Manager Cheney noticed Mr. Annunziato suggested the l~nd swap-would be for an equivalent value and said that was nt' t totally accurate. The land swap would be negotiated so t at both parties are satisfied, but it may not be for an e uivalent value. Vice Mayor Zimmerman asked if it could be less. City Manager Cheney r,eplied it could never be less. T~ey were talking about land useable value to meet what the C1ty can now do with its current site and be sure they can d~ at least the same thing on the future site. ~ Mayor Cassandra asked if the Council was approving something wfuere the negotiations might fall down. Mr. Annunziato i*formed him that approval of the application is still six m~nths away. He reminded the Council that on all of these a~plications, there is still a necessity to forward them to the State of F~orida for review as a Comprehensive Plan amendment. Then it comes back to the City with a review and c~mments from the Treasure Coast Regional Planning Council arid the Department of Community Affairs. The City can then aqopt Ordinances to amend the plan. CIty Manager Cheney explained that the Council will not f~nalize this action at the end of the year unless the swap has taken place. , Mayor Cassandra recalled the P&Z Board questioned what would b~ done if any Police dogs were buried there. City Manager Cheney answered that was a part of what the City would take c~re of as a part of the swap. If the swap does not go through, they will not worry about it. Mayor Cassandra as'ked if they would start bulldozing or doing something in the meanwhile. As long as it is the Cityrs land, City Manager Cheney assured him no one is going to touch it. - 26 - ~ ~~ L, ~ , (' ~. ~ ( ( MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1986 David S. Pressly, Esq., 9th Floor, Baruett Centre, 625 North F~agler Drive, West Palm Beach, appeared on behalf of the a~plicant and informed the Council that Steven W. Deutsch, E~q., Trustee, 1106 International Building, 2455 East Sunrise Bmulevard, Fort Lauderdale, Florida 33304, was also I p~esent. , , A~torney pressly stated that they accepted Mr. Annunziato's s~ry of the project and the conditions that went with it. ~yor Cassandra asked if anyone else wished to speak in f~vor of the application. There was no response. Mayor c~ssandra asked if anyone wished to speak against the appli- c1tion. J~seph Molina, 811 S. W. 6th Avenue, was sure that if the p ople in~the north end of Boynton Beach knew this piece w s being negotiated for a piece of land way out west, there w uld be a march on city Hall. Here is a beautiful piece of p operty close to walking distance of the north end of B ynton Beach, where they are clamoring for a recreation a ea. The land is on 1-95, where it can be beautified with . t5ees, etc., and can have a ball field, tennis courts, and w9atever. It would not disturb anybody. M~. Molina did not think this piece of property should be s~apped for anything or sold for anything because it is a d~sirable piece for the north end. He called attention to all the homes near there and thought it was a crime to even d"scuss it. Mr. Molina said Deutsch Ireland was here before t change the Planned Industrial Development they originally s arted to come in with. The City is in trouble all of the time because of changes no one knows about. I~ anybody would speak for recreation for the north end, Councilwoman Zibelli assured Mr. Molina she would. She asked if I Mr. Molina had been on the property. The location of the pr~perty itself to, IdMr. Molina that end of Boynton Beach, off 1-95, in the proximity of the homes there, would be very desirable as a recreational park. copncilman Ferrell commented that it is a "louzy piece of land for recreation". Every time they put anything nice in th~ F.O.P. Clubhouse, it is broken into. As long as it is worked out so the F.O.P. is satisfied, Councilman Ferrell thbught it would be in the best interest of all. There were mo~e comments. - 27 - """", r' ,. ( ( MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1986 Mr. Molina said they were talking about a raw, undeveloped piece of land. The Council interrupted him. For a long ~ime, City Manager Cheney said this was the only piece of land of any size the City owned north of the Boynton Beach Canal. A few years ago, when land west of Congress Avenue ~as developed, as a part of the recreation contributions of the land adjacent to and west of Congress which was developed, 20 acres of land were given to the city. It was marked on the overlay just north of the arrow that said "North District Park Site". City Manager Cheney said it is on the east side df 1-95, directly in the middle, and for the residential area without crossing 1-95. City Manager Cheney said it was marked C-2 and R-3 and is ~djacent to another piece of recreational land, which would give the City about 26 acres of recreational land on the ~esidential side of 1-95. One thing the City does not have ~n public recreation land is land towards Congress Avenue, qorth of Miner Road, that will serve Dos Lagos, Boynton ~akes, The Meadows, and those areas. City Manager Cheney ~hought they resolved the problem of recreation in the ~orth end of the City in the residential area on the east slide of the tracks. They are now taking 13 acres here and ~robably are going to get 17 or 18 acres further up, a~jacent to the residential area, in the northern section of t~e City, near Miner Road and Congress Avenue. If the Council had not accepted the land swap which gave the City 20 acres of land, City Manager Cheney said it would have been developed in the R-3 category and would have added tFemendously to the number of families living in the north- e~st part of ~he City. They reduced the density, have a u~eable park project, and a plan for the project. City Manager Cheney sugge~ted that the recreation area on the w~ong side of 1-95, and probably on the wrong corner of an ihterchange of I-95, with no direct access to it off of 22nd, ia not as good as the other one they talked about. City Manager Cheney thought the Council had thought this over carefully along the way and was giving up something to g~t more, only after they already acquired a big piece of recreation land in the north end. Mr. Molina was under the i~pression that the city was still looking for property in the north end. city Manager Cheney informed him that the City was talking about developing land that the City has. City Manager Cheney told Mr. Molina the City will develop land at Rolling Green School and this 20 some acres of land. - 28 - t'. ( ( MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1986 f""'- 1here is no other land available on the east side of I-~5 in !he north end. The City will develop what it has. It is art of tpe funding program the Council talked about two or hree months ago. City, Manager Cheney acknowledged that Mr. olin~ was right in saying the City needs land up there, and 'e went- into- moredet:a-il. c. ~ ~... -- ~r. Molina asked if consideration had been taken that a lot 6f these developments have recreation for their projects. ~ity Manager Cheney agreed but added that every subdivision +s required to provide recreation space. Half of the amount qf land can be private on their own site, and if they choose *ot to have the other half on site, they give money to the !ity. The city then uses that money to develop recreation ites, and city M~nager Cheney gave examples and further xplained. There were more comments by Mr. Molina and City anager Cheney. i trom the tax base point of the City, City Manager Cheney ~old Mr. Molina a corner with an interchange is going to ~roduce a lot of taxes that will make it possible for the _ qity to do something else. That would not be a legitimate ~rgument, if it was not something for a recreational piece of land. ~r. Molina asked that they consider all of the points he ~ade and the fact the PIDs that have been submitted come ~ack, make changes, and the changes are usually given to the ~pplicants. , ~n fairness, City Manager Cheney said the land swap was not eally the developer's idea, but was the City's idea. Mayor assandra interjected that the City was also concerned as t~ where the Police Department could have its shooting r nge. Right now, they practice inside as well as outside, a d there is concern about where some of the bullets may go. AS no one else wished to speak, THE PUBLIC HEARING WAS C;r.OSED. , C~' uncilman Heste,r moved to approve the Land Use Element and rzoning, subject to all staff comments. Councilman Ferrell s conded the motion. C~uncilman Ferrell noticed this would restrict them to two a~cesses on High Ridge Road and asked how many access sites w~re on the other side of High Ridge Road. He remarked that this was about the same size property as the other one. ;<: "- I - 29 - ~ ( ( MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1986 J i 1 ~~ As noted in the letter from George Zimmerman, Mr. Annunziato said the applicant is requesting that they be allowed to have bhree median cuts serving the property with three Qriveways ~one median cut with each driveway). The closest median cut ~ould be some 330 feet south of the intersection of High ~idge Road~nd 22nd,Avenue. There was a recommendation, accepted by the applicant, that driveways serving properties on the west side of this property would also be served by ~hose median cuts. l i ~ I J I ; ~ " City Manager Cheney explained that there is a four lane divided road in this section and on the other piece, up qorth, you have a two lane, undivided road. Mr. Annunziato added that they advised the applicant to look at the four ~ane divide~ option beca~se of ~he left turn movem7nt, which stops traff1c. The app11cant d1d not want to cons1der ~econstructing High Ridge Road as a four lane road with ~edian cuts. ~ vote was taken on the motion, and the motion carried 5-0. _ C;. Consider request submitted by Edward Duggan, Agent for Harold S. Wenal, Trustee, for an amendment to the Future Land Use Element of the Comprehensive Plan from Moderate Density Residential to Local Retail Commercial and re- zoning from R-lAA Single Family Residential to C-3 Community Commercial for the purpose of allowing construc- tion of a storm water retention area located on the east side of Hoadley Road, which, if approved, will serve a proposed shopping center on the west side of Hoadley Road, north of LWDD L-24 Canal , ~ l / Mt. Annunziato called attention to the II EXPLANATION" in his m~morandum of June 9 and said it was in error and should be d~leted because it was a duplication of the motion that occurred on the next application. The real motion was made by Mr. deLong, seconded by Mr. Pagliarulo, and was unanimously d~nied. Mt. Annunziato informed the Council that the tract of land is located at the southerly end of Hoadley Road, adjacent t? Canal L-24. Hoadley Road is east of Congress Avenue, afout 600 feet south of Old Boynton Road. Several large houses are on the road. T~e application is really tied into property ownership. W~en the property was originally sold several years ago to I I MQntgomery Ward, it was attached to the parent tract, which i I , I , r ' - 30 - .~ .I /'.. -, VIII LEGAL A J LAw O....'CES ~IOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P A. QT'" "LOOP. BARNETT C!:NTRE 625 NORTH rLAGLER DRIVE POST OF"FICe: 110)( 3S88 cc B1dg Plan Eng util KAREN LEVIN ALEX....",OER THOMAS .... REASO"",, PETEA L. .RETON flO_ERT ."COY E. COLI: "ITZG ERALD. m JO,",N r FLANIGAN ANDFtEW ,"ULTON. JXJ JAMES PATRICK GARRITY MYRA GE.NDEL TIMOTHY P HOElAN MARTIN V. KATZ WIL.LIAM .0 KINO RONALD K. KOLlNS LISA MILLEIII LAYMAN STevEN A. MA.YANS ....ON C. MOYLE DAVID So PRESSLY ""ARK E. RAYMOND THOMA. A. SHEEHAN. m DONNA H. STINSON MA~TA M. SUAREZ MUF=rtAS V1"OINfA L. VANCE. NANCY KAREN VORPIl: WEST PALM JllU.CH. FLORIDA 03402 TELEPHONE (305) t5!59 7500 TELI:COPIER (305) 659 1780 TALk-AHA8SEE OF'nclt SUITE 100. THE PERKINS HOUSI: 118 NORTH GAOSDEN STREET TAL\....H....S...E.. "'\.ORII:)A 32301 TELEPHONE {9CMJ 88t.3828 August 26, 1987 Steven W Deutsch, Esq 2455 East Sunrise Boulevard International B1dg , Suite 1106 Ft Lauderdale, FL 33304 Re Quantum Park - Land Swap/Realignment of Miner Road Right-Of-Way Dear Steve At the Palm Beach County Board of County Commissioners' Public Hear ing on August 25, 1987, the Board unanimously approved the Resolutions authorizing the exchange of properties necessary to finalize the land swap with the City of Boynton Beach and the realignment of the right-of-way for Miner Road It will take approximately 7 - 10 days for the necessary deeds and releases to be signed by the County. After the necessary documents have been signed, I will take care of recording all of the documents necessary to finalize the subject transactions, and will distribute to the appropriate parties the remaining documents that I have been holding in escrow If you have any questions, please call Sincerely, ~,J-.~/~ David S Pressly DSP/dl cc Raymond Rea, Esq Allen Martincavage, Esq Peter Cheney Marshall Emas, Bsq Gene Moore, Esq hECEIVEJJ AUG !f 1981 qy M~GER'S OFFICE 1739Z/2 LAW OFFICES MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P A. KAPEN LEVIN ALEXANDER THOMAS M BEASON PETER L. SRETON ROSERT SRODY E. COLE FITZGERALD. ill ..JOHN F FLANIGAN ANDREW FULTON.;]I ..JAMES PATRICK GARRITY MYRA GENDEL TIMOTHY P HOSAN MARTIN V KATZ WILLIAM eKING RONALD K. KOLI NS LISA MILLER LAYMAN STEVEN A. MAYANS ..JON C. MOYLE DAVID S. PRESSLY MARK E. RAYMOND THOMAS A. SHEEHAN. ill DONNA H. STINSON MARTA M. SUAREZ MURIAS VIRGINIA L. VANCE NANCY KAREN VORPE 9TH FLOOR, SARNETT CENTRE 62S NORTH FLAGLER DRIVE POST OFFICE BOX 3888 WEST PALM BEACH, FLORIDA 33402 TEC.EPHONE (305) 659 7500 TELECOPIER (305) 659 1789 TALLAHASSEE OFFICE SUITE 100 THE PERKINS HOUSE 118 NORTH GADSDEN STREET TALLAHASSEE, FLORIDA 32301 TELEPHONE (904) 681 3828 September 9, 1987 Mr. Carmen Annunziato, City Planner City of Boynton Beach 211 South Federal Highway Pineland Plaza Boynton Beach, FL 33435 Re Quantum Park - Land Swap (PCD Parcel) Dear Carmen When convenient, please send me a amends the Future Land Use Element Plan with respect to the PCD Parcel Commercial. copy of tne Ordinance which of the City's Comprehensive from Recreational to Office Thank you for your cooperation in this matter. Sincerely, ~~ ~/dL David S Pressly OS P / d 1 ....-... -., .....,..--- - ........-, ,~ --.. '-, c,") , -= .!.J87 ,-. :-- . -. G ------ 18657/4 - -. , ~) :;. .'} r , _1 ~ '\ '1' )./ I OCT-14-1987 12:10Pffi -t""'7 -O"""~C\- c> -~ .-W_...::> 'RB 5449 (9 ---1 .... . "-........ /.... I '-I) , :/ '<. / 1ltlfarranty .Iaeed (STATUTORY fORM-SECTION 68902 f.S.) ; f - . oJ 1--. ~_. , .-\0 11\\ -,.T '" ."--, , 87-30:053 Con 10.00 Doc JOHN B DU~~LE,CLERK - PB COUNTY, This instrument was prepared by: .55 .., rL DAVID S. PRESSLY, ESQ. p o. Box 3888 WUT PALM BEACH, FLORIDA 33402 mIrts ltWrnturr-. Mode this ~ day of ItUfjUS+ 19 87 ilrtwr-rn CITY OF BOYNTON BEACH, a Municipal Corporation of the State of Florida of the County of Palm Beach Stote of Florida grantor- and F.O.P GOLD COAST LODGE #49, INC , a Florida non-profit corooration whose post office address is of the County of Palm Beach State of F lor ida . grantee- UHtnr !Jartq. That said grantor for and in consideration of the sum of TEN ($10 00) Dollars. and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is, hereby acknowledged has granted, bargained and sold to the said grantee, and .9rantee's heirs and assigns forever (subJect to the possibi.Lity of reverter set forth below), the tollowing described land, situate, lying and being in Palm Beach County, Florida, to-wit. SEE EXHIBIT nAil ANNEXED HERETO AND MADE A PART HEREOF . SUBJECT TO taxes for the year 1987 and subsequent years; to all applicable governmental regulations; to restrictions, reservations and easements of record (it not being the intent to reimpose the same). THE GRANTEE, ITS SUCCESSORS AND ASSIGNS, ARE TO USE THE LAND CONVEYED HEREUNDER AS A CLUBHOUSE SERVING THE FRATERNAL ORDER OF POLICE (OR BRANCH THEREOF), AND SHOULD SAID LAND CEASE TO BE USED FOR SUCH PURPOSE THE TITLE THERETO SHALL REVERT TO THE GRANTOR, ITS SUCCESSORS AND ASSIGNS ~ and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of 011 persons whomsoever · "Grantor and "grantee ore used for singular or plural. as context requires. seal the ..::lay and year first above written. CITY OF BOYNTON BF.:n.rH. a Municipalcseal) Corporation of the State of Florida (Seal) .(Seal) (~eCJI) STATE OF FLORIDA , COUNTY OF PALM BEACH ...- I HEREBY CERTIFY that on this day before me, on officer duly qualified to toke acknowledgments. perso/1o!!y c;ppeared Nick Cassandra, as Mayor of City of Boynton Beach, a Municipal . Corporation of the State of Florida, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the some. on behalf of the City Carmission of the City and on behalf of the City. WITNESS my hand and official seal In the County and State last aforesaid thiS /5 day of ~€ 1987 " f ~r4'/YF}..,9J?,~F..,ae.- My commiSSion expires: ',j J-~. No~~'y Public thtary p~~lic, Slate cf RQrda It.. to<- "\.,....... Zi-- ~...::~ _ } '-, My COr.l:.m~on t:::p,;cs Jan. 2. 1989 Office of the City Clerk ill . c-,; ~.~d ., A"',"un ror. & Co,n.:', cc..~..y t'.:','t'y' of Boynf..on Beach j.:;I )', WO')!ARY !.S~AL) P 0 Sox 310 "-. '., U'~ ,,' ., g, '.iPton Reach Florida 33425 "",,> It \\ :\'" . . .......{ ~ .:. \...,..-'" .. ORB e-', G ;:';:1 ..,.. -~ ~ _.,..Lt--~ I . _0 .....:r.-..- ~ 042487-1 1610P/2 EXHIBIT "A" TO WARRANTY DEED FROM CITY OF BOYNTON BEACH TO F.O.P GOLD COAST LODGE #49, INC. A PARCEL OF SECTION 17, BEACn, 5'i'';TE FO LLm~s : LAND LYING IN THE NORTHEAST ONE-QUARTER (NEl/4) OF TOWNSHIP 45 SOUTH, RANGE 43 EAST, COUNTY OF PALN OF FLORIDA, AND MORE PARTICULARLY DESCRIBED AS CO .!.'1ENCING AT THE NORTH ONE-QUARTER (Nl/4) CORNER OF SAID SECTION 17; THENCE, SOUTH 00032'45" WEST ALONG THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 17 A DISTANCE OF 99.32 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF MINER ROAD, AS PROPOSED; THENCE, NORTH 81.025' 38" EAST ALONG SAID PROPOSED SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 71.44 FEET TO THE POINT OF BEGINNING; THENCE, TRA VERS ING ALONG A PORTION OF THE EASTERLY LIMITS OF A WETLANDS PARCEL THROUGH THE FOLLOWING NINE NUMBERED COURSES AND DISTANCES, AS SAID PARCEL IS SHOWN IN THE PROPOSED PLAT OF QUANTUM PARK OF BOYNTON BEACH, PLAT NO.3, NOW IN THE FI~ES OF F.R.S. & ASSOCIATES, ENGINEERS AND SURVEYORS, WEST PAU,1 BEACH, FLORIDA, DRAWI~G NUMBER D-19-86-S; 1) 2) 3) 4) 5) 6) 7) 8) 9) SOUTH 46003'51" EAST SOUTH 47017'34" EAST SOUTH 24004'50" EAST SOUTH 15002'07" EAST SOUTH 11000'23" EAST SOUTH 05007'19" EAST SOUTH 02005'16" EAST SOUTH 57033'43" WEST S,JUTH 70029' 43" EAST .::'EET TO A POINT ON HAVING A RADIUS OF 13027'42"; A DISTANCE OF 126.85 FEET; A DISTANCE OF 5.22 FEET; A DISTANCE OF 28.20 FEET; A DISTANCE OF 30.08 FEET; A DISTANCE OF 56.23 FEET; A DISTANCE DF 40.44 FEET; A DISTANCE OF 67.86 FEET; A DISTANCE OF 80.51 FEET; ALONG A RADIAL LINE A DISTANCE OF 97.82 AN ARC OF A CURVE CONCAVE TO THE WEST 1,320.00 FEET AND A CENTRAL ANGLE OF TliE'JCE, NORTHERLY ALONG THE ARC OF SAID CURVE AND DEPARTING FROM S;"ID =:ASTERLY LI\lITS A DISTANCE OF 425.32 FEET TO A POINT ON THE PKOPOSED SOUTH RIGHT-OF-,'1AY LINE OF SAID HINER ROAD, SAID POINT at: I'1G 0'1 AN ARC OF A CURVE CONCAVE TO THE SOUTH (A RADIAL LINE P ,:3.31: G T:IROUGH SAID POINT BEARS SOUTH 38057' 25" EAST) HAVING A ::\d)L.;S OF 2,246 00 ?EET AND A CENTRAL ANGLE OF 03014'12"; THENCE, ,~ST~,LY ALONG T~E ARC OF SAID CURVE A DISTANCE OF 126.88 FEET TO :\ ::;~i'~T LL'JE, THENCE, SOUTH 81025'38" ~vEST ALONG SAID TANGENT ~L ~ DISTANCE OF 106 36 FEET TO THE POINT OF BEGINNING. RECORD VERIFIED PALM BEACH COUNTY FLA. JOHN B DUNKLE CLERK CIRCUIT COURT ~ "',... . OCT-14-1957 12:lOpm 87-30201::}4 -l8 5449 Ps 3~3 .. 1 .. Lon JOHN S "7 ""0'-'05' o -J L. 't 10.00 Doc !il !~!Kl t..... rLr-~!{ - O~ uw.'C L ,'" c:.~1\ ..... .50 COUNTY, FL This instrument was prepared by: 1!llfarranty 1attd (STATUTORY FORM-SECTION 68902 F.S.) DAVID S. PRESSLY, ESQ. p o. Box 388a WUT PALM BIACH, F1.01l1DA 33402 mqts lnbrnturr. Made this 'f day of JJi'<'" 19 87 ~htwtrn QUANTUM ASSOCIATES, a Florida General Partnership of the COUilty of Broward State of Florida grantorll and CITY OF BOYNTON BEACH, a Municipal Corporation of the State of Florida whose post office address is 120 East Boynton Beach Blvd., Boynton Beach, of the County of Palm Beach State of Florida grantee'" mitnrllsrtl1. That said grantor for and in consideration of the sum of TEN ($10 00) Collars, and other good and valuable considerations to said grantor in hand paid by said grantee. the receipt whereof is ~ereby acknowledged. has granted. bargained and sold to the said grantee. and grantee s heirs and assigns forever (sublect to the possibility of reverter set forth below), the following describe::1 land, situate, lying and being in Palm Beach County, Florida, to-wit SEE EXHIBIT "A" ANNEXED HERETO AND MADE A PART HEREOF SUBJECT TO taxes for the year 1987 and subsequent years; to all applicable govern~ental regulations, to restrictions, reservations and easements of record (it not being the intent to reimpose the same). THE GRANTEE, ITS SUCCESSORS AND ASSIGNS, ARE TO USE THE LAND CONVEYED HEREUNDER (i) AS A PUBLIC PARK,AND/OR (ii) AS A CLUBHOUSE SERVING THE FR~TERNAL ORDER OF POLICE (OR A BRANCH THEREOF), AND SHOULD SAID LAND CEASE TO BE USED FOR SUCH PURPOSES SAID LAND AND THE TITLE THERETO SHALL REVERT TO THE GRANTOR, ITS SUCCESSORS AND ASSIGNS and SOld grantor does hereby fully warront the tItle to SOld land and will defend the some against the lawful claims of 011 persons whomsoever ... 'Grantor and grantee ore used for singular or plural os context requIres. ]n IDitnrs!l mqrrrllf Grantor has hereunto set grantor shand ond Signed, seaied and .,delivered In our presence: ~ '7 /1-.- ~-- -e<y;;~ seal the joy and year first above wntten. OUANTUM ASSOCIATES. a Gene~nerShiP By: ~e EDWARD B DEUTSCH, Partner Flor;r'lr=l (Seal) (Seal) (Seal) as General (Seal} STATE OF FLORIDA COUNTY OF BRm'lARD I HEREBY CERTIFY that on thiS day before me. on officer duly qualified to take acknowledgments, personally appeared Edward B Deutsch, as General Partner of Quantum Associates, a Florida General Partnership, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same. on behlaf of the Partnership WITNESS my hond and officlOl seal In the County and State lost aforesaid this if ~ day of 1987 ,?l ~ ~t!:4 ~"'-- My commiSSiOn expires: r }. Notary Pu~c. Stille c Flond! ., C(.....(.l..\..)-' t........ r-rll My C(Jmml~sion Expires F~b. 26. In a.,H1dild Iftlu Trot fain lnl:..un,. Inc. ~ NotOry Public "'l nf he L \ \. ' ~ , ,.~. j :]0\ nto'l .!eQ:1 (NOTARY SEAL)'J" , , , , - JX 3~.) Ii Jil HC~l~h .loridn 3342: ; I . . .~ j} Feu, \ \. ... ~ . . r~ 5449 P9 324 .~. ... .. . '. 042487-1 1610P/l EXHIBIT "A" TO \'lARRANTY DEED FROM QUANTUM ASSOCIATES TO CITY OF BOYNTON BEACH A PARCEL OF LAND LYING IN THE NORTHEAST ONE-QUARTER (NEl/4) OF SECTION 17, TOWNSHIP 45 SOUTH, RANGE 43 EAST, COUNTY OF PALM BEACB,- STATE OF FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLm~S CO~l.:"1E'lCrlG AT THE NORTH ONE-QUARTER (Nl/4) CORNER OF SAID SECTION 17; THENCE, SOUTH 00032'45" WEST ALONG THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 17 A DISTANCE OF 99.32 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF MINER ROAD, AS PROPOSED; THENCE, NORTH 81025'38" EAST ALONG SAID PROPOSED SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 71.44 FEET TO THE POINT OF BEGINNING; THENCE, TRAVERSING ALONG A PORTION OF THE EASTERLY LIMITS OF A WETLANDS PARCEL THROUGH THE FOLLOWING NINE NUMBERED COURSES AND DISTANCES, AS SAID PARCEL IS SHOWN IN THE PROPOSED PLAT OF QUANTUM PARK OF BOYNTON BEACH, PLAT NO.3, NOW IN THE FILES OF F.R.S. & ASSOCIATES, ENGINEERS AND SURVEYORS, ~~EST PALN BEACH, FLORIDA, DRAWING NUMBER D-19-86-S; 1) SOUTH 46003'51 EAST A DISTANCE OF 126.85 FEET; 2) SOUTH 47017'34 EAST A DISTANCE OF 5.22 FEET; 3) SOUTH 24004'50 EAST A DISTANCE OF 28.20 FEET; 4) SOUTH 15002'07 EAST A DISTANCE OF 30.08 FEET; 5) SOUTH 11000'23 EAST A DISTANCE OF 56.23 FEET; 6) SOUTH 05007'19 EAST A DISTANCE OF 40.44 FEET; 7) SOUTH 02005'16 EA~T A DISTANCE OF 67.86 FEET; 8) SOUTH 57033'43' WEST A DISTANCE OF 80.51 FEET; 9} SOUTH 70029'43" EAST ALONG A RADIAL LINE A DISTANCE OF 97.82 FEET TO A POINT ON AN ARC OF A CURVE CONCAVE TO THE \'lEST HAVING A RADIUS OF 1,320.00 FEET AND A CENTRAL ANGLE OF 18027'42"; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE AND DEPARTING FROM SAID EASTERLY LIMITS A DISTANCE OF 425.32 FEET TO A POINT ON THE PROPOSED SOUTH RIGHT-OF-vlAY LINE OF SAID ~II~ER ROAD, SAID POINT BEING ON AN ARC OF A CURVE CONCAVE TO THE SOUTH (A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUT:1 3805712511 E.Z\ST) HAVING A RADIUS OF 2,246.00 FEET AND A CENTRAL ANGLE OF 03014'12"; THENCE, WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 126 88 FEET TO A TANGENT LINE; THENCE, SOUTH 81025138" 'JEST ALONG SAID TANGENT LINE A DISTANCE OF 106.36 FEET TO THE POINT OF BCGI~NING RECORD VERIFIED PALM BEACH COUNTY FLA. JOHN B. DUNI<LE CLERK CIRCUIT COURT