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10-032 ~eturn to: (enclose self-addressed stamped envelope) I ~1111 ~II ~Ill 01111111111I11111 ~ I_II III II II I IBI Name: CFN 20110038430 Address: OR BK 24341 PG 1248 RECORDED 02/01/2011 13:32:15 Palm Beach County. Florida Sharon R. Bock.CLERK & COMPTROLLER Pqs 1248 - 1250; (3pQsl 1 ORDINANCE NO. 10 - (),J:P 2 3 4 AN ORDINANCE OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, RATIFYING 6 PREVIOUS MOTIONS OF APPRO V AL ON POINCIANA 7 ELEMENTARY SCHOOL LAND ACQUISITON AND 8 ABANDONING N.W. 12TH A VENUE AND A PORTION OF 9 WASHINGTON A VENUE; PROVIDING FOR 10 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, the City Commission and the School Board of Palm Beach County met in IS 1992 in discuss the School Board's effort to save Poinciana Elementary School in its designed 16 to create a math/science technology magnet program for the school for grades pre-K through 5, 17 and its effort to seek a grant from the Magnet School Assistance Program through the Federal 18 Department of Education, and 19 20 WHEREAS, the City Commission passed Resolution No. 92-209, which supported the 21 School Board's effort to remodel, expand the physical facilities and implement a magnet 22 program at Poinciana Elementary School, and 23 24 WHEREAS, the City Commission held a special workshop meeting on February 23. 25 1993 to review the draft contract on the Poinciana School area land acquisitions, and 26 27 WHEREAS, the City Commission passed Resolution No. 93-091 on June 15, 1993 28 supporting the site expansion of Poinciana Elementary School, and 29 30 WHEREAS, a Site Expansion lnterlocal Agreement between the School Board of Palm 31 Beach County, Florida and the City of Boynton Beach, Florida was approved on July 7, 1993 32 (Resolution No. 93-91) for the expansion of the Poinciana Elementary School site including the 33 acquisition of area properties and the abandonment of roadways within the proposed school site 34 expansion, and 35 36 WHEREAS, the School Board via its Planning Department filed an abandonment 37 application with the City's Planning and Zoning Department (Application #95-007) in August, 38 1995 for the abandonment ofN.W. lih Avenue (fka Lincoln Avenue), and 39 40 WHEREAS, the City's Planning and Development Board heard the application at their 41 September 12, 1995 meeting and unanimously approved same, and 42 43 WHEREAS, the City Commission held public hearings on this application and other 44 abandonment applications for Poinciana Elementary School site improvements at their regular 45 meeting of September 19, 1995, specifically for the abandonment of N. W. 12 Avenue (fka 46 Lincoln Avenue), Washington Avenue (an unimproved ro~ty~fl w;n~llogjffLand parallel JJ~.J..:W,S.~~d:rjJ kLlJ HJV..18 1~lJi Ii), Ci8 :10 IU'~ II II I 1 with N.W. lth Avenue), and a 6-foot Utility Easement along the west edge of these roadways, 2 approving all three (3) abandonment applications by unanimous voice vote, and 3 4 WHEREAS, the City Commission did not follow up with accompanying ordinances 5 ratifying their unanimous approved motions of the September 19, 1995 meeting on these 6 abandonments. 7 8 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY 9 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 10 11 Section 1. The foregoing Whereas clauses are true and correct and incorporated 12 herein by this reference. 13 Section 2. That the City Commission ratifies its previous decision to abandon N.W. 14 lth Avenue (tka Lincoln Avenue), west of Seacrest Boulevard right-of-way line to the east 15 right-of-way line ofN.W. l5t Street. 16 Section 3. That the City Commission ratifies its previous decision to abandon 17 Washington Avenue (an unimproved roadway), located parallel and between N.W. lih Avenue 18 and N.W. 13th Avenue, west of Seacrest Boulevard right-of-way line to its western terminus 19 thereof. 20 Section 4. That the City Commission abandons a 6-foot utility easement located at 21 the end of the above noted roadways, and behind Lots 508-517 of the Cherry Hills plat as 22 recorded in Plat Book 4, Page 58, Public Records of Palm Beach County, Florida. 23 Section 5. All ordinances or parts of ordinances in conflict herewith being and the 24 same are hereby repealed. 25 Section 6. Should any section or provision of this Ordinance or portion hereof, an 26 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such 27 decision shall not affect the remainder of this Ordinance. 28 Section 7. Authority is hereby granted to codify this said Ordinance. I 1 I II I 1 Section 8. The Ordinance shall become effective immediately after passage. I I -ri\ 2 FIRST READING this ~ day of ~, 2010 . 3 SECOND, FINAL READING AND PASSAGE this 4-tn day of lAnw:u-y, 4 20lL 5 6 CITY OF OYNTON BEACH, FLORIDA 7 8 9 10 11 12 ~ -" 13 14 15 16 17 18 19 20 21 22 23 A 24 25 Yn. fJ~ 26 27 28 29 30 31 32 (CORPORATE SEAL) The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail : prainitoj@bbfl.us www.boynton-beach.org February 10, 2011 LORENZO AGHEMOL, DIRECTOR. PLANNING DIVISION PALM BEACH COUNTY 2300 N. JOG ROAD WEST PALM BEACH, FL 33411 Dear Mr. Aghemol: Attached for your information and files is a copy of an abandonment Ordinance that was recorded in Palm Beach County. It is: ORDINANCE NO. 10-032 Ratifying Previous Motions of Approval on Poinciana Elementary School Land th Acquisition and Abandoning N.W. 12 Avenue and a Portion of Washington Avenue If you have any questions pertaining to this abandonment, please do not hesitate to contact me. Sincerely, CITY OF BOYNTON BEACH __________________________________ JANET M. PRAINITO, MMC CITY CLERK Attachment S:\CC\WP\Abandonments\2011\Ordincance 10-032 Poinciana Elementary.doc America’s Gateway to the Gulfstream LastName JobTitle Company Address1 State Salutation LORENZO PLANNING DIVISION PALM BEACH COUNTY 2300 N. JOG ROAD WEST PALM BEACH, FL 33411 Mr. Aghemol: AGHEMOL, DIRECTOR. MR. KEN ROGERS, DIRECTOR PALM BEACH COUNTY P. O. BOX 21229 WEST PALM BEACH, FL 33416-1229 Mr. Rogers: P. E. LAND DEVELOPMENT DIVISION MS. ELOISE HUNT SUPERVISOR PBC PROPERTY 301 NO. OLIVE WEST PALM BEACH, FL 33401 Ms. Hunt: APPRAISER'S AVENUE OFFICE/GEO PROCESSING REPRESENTATIVE STATE OF FLORIDA DEPARTMENT OF 7900 FOREST HILL WEST PALM BEACH, FL 33413-3342 Representative: TRANSPORTATION BLVD. MR. FRANK FLORIDA PUBLIC 401 S. DIXIE WEST PALM BEACH, FL 33401 Mr. Studenski: STUDENSKI UTILITIES/FLO-GAS HIGHWAY, P. O. CORP. DRAWER "C" MR. MIKE BRANIGAN REGIONAL MANAGER BELL SOUTH 701 NORTHPOINT WEST PALM BEACH, FL 33407 Mr. Branigan: PKWAY, #410 MARTHA GONZALEZ MANAGER FLORIDA POWER & PO BOX 029100 MIAMI, FL 33102-9100 Ms. Gonzalez: LIGHT, PPC/GO MR JOSE A GOVERNMENTAL FP&L 6001 VILLAGE BLVD. WEST PALM BEACH, FL 33407 Mr. Maldonado: MALDONADO ACCOUNT MANAGER MR. ROBERT SPECIALIST BELLSOUTH 2001 S. MILITARY WEST PALM BEACH, FL 33415 Mr. Lowen: LOWEN TRAIL