R93-91RESOLUTION NO. R93-~/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
SUPPORTING THE SITE EXPANSION OF THE
POINCIANA ELEMENTARY SCHOOL AND
AUTHORIZING THE MAYOR TO SIGN THE
INTERLOCAL AGREEMENT BETWEEN THE CITY AND
THE PALM BEACH COUNTY SCHOOL BOARD, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach,
Florida previously adopted Resolution R92-209, which supported
the School Board's effort to remodel, expand the physical
facilities and implement a magnet program at Poinciana
Elementary School; and
WHEREAS, the City Commission deems it to Re in the best
interests of the City to keep that elementary school open and a
viable part of the community; and
WHEREAS, the site is presently below the legal minimum size
for the capacity of the School; and
WHEREAS, the City Commission deems it to be in the best
interest of the City to be an active partner with the School
Board in the remodeling and expansion of this school site; and
WHEREAS, due to the location of the existing school
facilities the surrounding property is the only property
available to bring this school site up to the minimum size and
to enable the School Board to continue to operate this school
for the future;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission
Beach, Florida, does hereby support the
Poinciana Elementary School.
of the City of Boynton
site expansion of the
Section 2. The City Commission of the City of Boynton
Beach, Florida authorizes and directs the Mayor to execute the
interlocal agreement between the City and Palm Beach County
School Board, attached hereto as Exhibit "A".
PASSED AND ADOPTED this /~- day of June, 1993.
CITY OF BOYNTON BEACH, FLORIDA
ATTE ST:
City Clerk
(Corporate Seal)
t\
"~o~ PLQNNING ~ REQLESTQ,E
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tR 93--9 /
This lnatrumcnl Prepared by:
AJuatln A. Herrwez wllh Roben A. loslllo
and Ihould be' returned to:
Robert A. RoIlIlo, Aasoclate Ciluntel
Tho School Board or him BeacJl County
3311 1'oreal Hill BGUleVlJ'd
Wilt Palm &aaI, P10rkSa '3406-5113
SITE EXPANSION INTERLOCAL AGREEMENT BKTWEEN THE
SCHOOL BOARD OF PALM BEACH COUNTY AND THE CITY
OF BOYNTON BEA(;H FOR POINCIANA EI ,ltMItNT ARY SCHOOL SITE
TInS AGRF..EMENT, betwe~n the School Board of Palm Beach County and the City of
Boymon Beach. Florida, entered into thl~ ...1-.- day cf ~ 9~ . 19.!i between the SCHOOL
DO.-\RD OF PALM BEACH COUNTY. FLORIDA, a corporate body politic pursuant to the Constitution
of the State of FJorl('la (hereinafter referred to u "SCHOOL 80ARD") and the CITY OF BOYNTON
BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as .CITY"),
WITNESSBT~ ~
WHEREAS, it je the intent of the Lo~ Government Comprehensive PJannina and Pia.,
Devclopmc:nt Regulations A~t, Section 163.3161(4), Florida Statutts, to enoouras. and ensure
cooperation between and among the local govermnental entitles to pro\'ldc for the coordination of
development activities of units of local government; and
WHEREAS, the SCHOOL BOARD is the amtrollina body of the Public Schools of Palm
Beach County, Florida, and doe& own and operate public school, In the City of Boynton Beach; and
WHEREAS, this Agreement is entered into under the authority of Scotlon 163.01, FIDrida
Statutes, Local Government Comprehensive Planning and Plan De,'elopmcm P.egulatlons A~; and
.WHEREAS, the SCHOOL BOARD and the CITY recognize the recommendation within the
Resolution No. R.g2-209 from the City of Boynton Beach attached hereto and Incorporated by reference
as Bxhibit "1", which encourages the City and School Board to pubUcly and Jointly pursue acquisition
of adjacent parcels of pro~rtiQJ in and around th\:: campus or Poinciana m.mentary Sohool &8 .bown on
Exhibit "2" attached hereto and lncorporlHed by refercmce and,
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WHEREAS, the SCHOOL BOARD and CITY believe that a joint use educational/recreational
facility adjacen~ to the existing Poinciana Elementary School boundaries will be mutually advantageous
for the community and students; and
NOW, TI-Iie. REFORE, for and in consideration oftbe covenants herein contained, the parties
agree as follows:
I. The SCHOOL BOARD shall present sale and purchase contracts to the property owners
of properties m be acquired by the Board and by the City shown on exhibit "2" within 45 days of
approval of this agrecmem.
Contracts for sale and purchase of properties for SCHOOL BOARD use will be
administered by the SCHOOL BOARD Real Estate Department.
Contracts for sale and purchase of property for City use will be administered by the
School Board Real Estate Department and coordinated with the City Managers office.
Cost associated with the acquisition and due diligence for the acquisition of parcels shall
be included in the total cost of each parcel, ie. Appraisals, Surveys, Environmental Studies. Title
Research. and demolition cost of existing structures.
The Total cost of property acquisitions shall be split on a equal basis between the School
Board and the City, not to exceed $500,000 for each party, unless circumstances warrant that this cap
be raised, in such event the School Board and the City must mutually agree m do so.
2. The SCHOOL BOARD is to acquire properties as shown on Exhibit "2", with the
procedures outlined in paragraph 1 written above. However, in an event of an uncooperative seller, the
CITY shall exemise its power of eminent domain. Upon written notification from the School Board the
City shall proce~ with a quick taking within 60 days of notice. In the event of an eminent domain
proceeding, the City will be solely responsible for the relocation cost if any, and legal fees associated
with any quick take procedings, subject to the provisions and limitations of Chapter 73 and 74, Florida
Statues. Costs associated with acquisition and due diligence shall be split on an equal basis between the
City and School Board as described in Paragraph one.
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3. All properties are of equal importance for the success of the project and acquisition of
properties shall be handled expeditiously, however all properties must be acquired or under contract for
purchase prior to May 15, 1994.
4. In the event the CITY and the SCHOOL BOARD are unable or are unsuccessful in
acquiring title to the properties described in Exhibit "2" prior to May 15, 1994 either party may :ancel
this Agreement. the time for performance may be extended by mutual agreement by both parties. Both
parties shall be relieved of all duties and responsibilities hereunder by providing 10 days prior written
notice, however all costs incurred to date, except those identified elsewhere in this agreeraenl as being
the sole responsibility of the City, will be split on a equal basis by the parties.
5. Upon the acquisition of properties on the south side of N.W. 12th Avenue-by the School
Board. the CITY shall abandon to the School Board N.W. 12th Avenue between Seacrest Blvd and 1st
Street.
6. Following the acquisition of properties on the west side of N.W. 1st Street the CITY
shall abandon to N.W. 1st Street between N.W. 13th Avenue and the end of N.W. 12th Avenue. All of
the above shall be abandoned no later than 60 days after all of the properties listed in exhibit 2 are
acquired.
7. Notice shall be given by the School Board to all utility providers. Any public utilities
such as electric, gas, telephone, and cable T.V. shall be removed at the utility owners expense and the
party shall endeavor to remove said utilities within a reasonable time from date of notice.
The CITY shall relocate city utilities such as water, and sewer, from the abandoned
rights-of-ways, at the CITY's cost only as necessary to improve the school campus, as determined by the
School Board project architect.
8. The CITY shall retain title to all properties currently held by the City located west of
N.W. 1st Street. Titles to properties acquired under the terms of this agreement which are located west
of N.W. Ist Street and shown on exhibit "2" shall be retained by the City. Such properties shall be used
in accordance with the provisions of a 1oint Use Agreement between the City and The School Board.
H:\data\wp50\doc\agreemt\interloc.poe 3 AAI-I:bf 6\11\93
Titles to all other properties acquired under the terms of this agreement shall be retained by the School
Board.
9. The joint use recreational property which includes the Wilson Center and the City pool
property shall be unproved to meet the criteria of the American Disabilities Act and Florida
Administrative Code Chapter 6-A2 standards. The City shall construct, implement and maintain facilities
located at the Wilson Center at the City's sole expense.
10. Contemporaneously with the execution of this agreement the parties shall execute a Joint
Use Interlocal Agreement for the perpetual use of facilities located at the Wilson Center and the Poinciana
Elementary Campus. The Joint Use Interlocal Agreement shall permit the use of the Poinciana
Elementary School Facility by the City and the School Board the use of the adjacent City facility known
as Wilson Center.
Il. The SCHOOL BOARD shall construct and make improvements to the Poinciana
Elementary School as may be necessary to implement the proposed Math Science Technology Magnet
Program as described in the Magnet School Assistant Program Grant Application for the 93-94 federal
funding cycle.
12. In the event that litigation between the City and School Board shall be necessary for the
enforcement of this Agreement on behalf of either party, then each party shall bear its own attorneys' fees
and costs incurred in said litigation.
13. If any term or provision of this Agreement shall, to any extent, be deemed invalid or
unenforceable prior to January 1, 1994, the remainder of this Agreement should be canceled as herein
provided by law.
14. Amendments to this agreement must be made in writing and, can be made by the mutual
consent and consign by beth the CITY and the SCHOOL BOARD.
15. This agreement will not be construed against the party who drafted the same . both
parties have had experts of their choosing to review this Amendment.
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~RON ~L~~N;N' 1 RE~L(5T~T(
~:L1".1994 2:1:37
p, "
I HEREBY CBRnpy that on ml, date befoto me, an officer dW.1lUthorlzcd In the State and
County narned above to take acknoWled'emet1ta. penonaIly. appeared Oall Bjork, Chairman and C,
Monica Uhlhorn, Superintendent of the School Board of Palm BeaCh County. Florida. and tbey
acknowledge before me that they had executed the foregoing instrument as said officers and that they also
affixed thereto the official seal of the School Board,
SWORN to Ind .ubscribed bofore me ihh. {;I. day o~ 1993.
SCHOOL BOARD OF
~CJi COUNTY
. fi-
G ~or, C rman
~.)r1~~
Monica Uhlhorn, Superintendent
STA TB OF FLORIDA
COUNTY OF PALM BRACH
SWORN TO aru.1lubscribed before me this I~ day of -F-' 199~." ,
Signed in Presence of:
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A.pproved;
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JOIIDIOTWIlU'_~III~i"-; ...'
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ty Clerk
Approved as to form -6 Ie~l1 o"f&!ncy by:
Approvod :
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A RESOLUTIOH OF THE Cl?Y COtillION OF
THE CITY O~ BOYNTOf~ BEACH ~ FLORIDA;
URGING ~E P~ BEACH CO~Y SC~L ~A~
t~e Pa~m Beach Coun~ S~OI ~a:d co keep Poi~afla
t~ E~e~fl~a~ School o~n~ and
aea~h, Flo~ u~ea tAo P~m Beach C~nt~ ScAool ~ard ~o
a~ena scn~ ~n the ne~g~b~ ~n wh~c~ t~ey ~lve.
~] THX NOV, TIIEREFOR2, BE IT I~SOLVZO BY THZ CITY CO~M'rssION OF
f the City oE Boy.,rcon
a p~e-
_ae. ec_~.( Le~:O~.~?~ ]ti!rel~Z cl&~eccl t~ ClOy Cle~k Co p~ov~de a copy
ScA~'~ ~l~a~.Rqio~uc~, ~n ~slige,~ ..~o t~ Pa~a kich Counc~
Section 3. ~]~le Relolution wALL become
· ;[ 2ramadan pillage.
C: :..,~ Clerk
(Corporate Seal)
Po ~.nc~.afla. Res
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Agis meal Prepared
Agustin in A. A. Hernandez with Robert A. Rosillo
and should be returned to:
Robert A. Ro sin°. Associate Counsel Olt
The School Board of Palm Beach County
3318 Forest Hill Boulevard
West Palm Beach, Florida 33406 -5813
INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY
AND THE CITY OF BOYNTON BEACH FOR POINCIANA ELEMENTARY SCHOOL SITE
THIS AGREEMENT, between the School Board of Palm Beach County and the City
of Boynton Beach, Florida, entered into this _ day of , 19_, between
the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic
pursuant to the Constitution of the State of Florida (hereinafter referred to as "SCHOOL
BOARD") and the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation
(hereinafter referred to as "CITY").
WITNESSETH:
WHEREAS, it is the intent of the Local Government Comprehensive Planning and Plan
-4 =- _ _ - _ - : _Development - Regulaticas Act, Section 163.316144), Florida Statutes -to en _ _ -- = _
•
ensure cooperation between and among the local governmental entities to provide for the
coordination of development activities of units of local government; and
WHEREAS, the SCHOOL BOARD body of the Public Schools of
Palm Beach County, Florida, and does own and operate schools in the City of Boynton
Beach; and
WHEREAS, this Agreement is entered into under the authority of Section 163.01,
Florida Statutes, Local Government Comprehensive Planning and Plan Development
Regulations Act; and
1 i \ data \wp50 \doc \agreemt \lutPrloc poe 1 AAH.bt 2 \3 \93
WHEREAS, the SCHOOL BOARD and the CITY recognize the recommendation within
the Resolution No. R -92 -209 from the City of Boynton Beach attached hereto and
incorporated by reference as Exhibit "1 ", which encourages the City and School Board to
publicly and jointly pursue acquisition of adjacent parcels of properties in and around the
campus of Poinciana Elementary School as shown on Exhibit "2" and .-
WHEREAS, the SCHOOL BOARD and CITY believe that a joint use
educational /recreational facility adjacent to the existing Poinciana Elementary School
boundaries will be mutually advantageous for the community and students; and
NOW, THEREFORE, for and in consideration of the covenants herein contained, the
parties agree as follows:
1. The CITY shall be the lead liaison with the property owners on the property
A
1° negotiations and acquisitions as shown on Exhibit "2 ".
kih 2. CITY shall acquire by gift, purchase, or eminent domain, all parcels lying
/ , v vv � Y
n1 4 1- �
2 within the area as described in the attached Exhibit "2 ".
3. The PALM BEACH COUNTY SCHOOL BOARD, Real Estate Department will
07j coordinate acquisition activities with the CITY.
4. Acquisition of properties shall be coordinated in clusters as listed on Exhibit
"3 ", with the acquisition time period to be handled expeditiously;
5. Conveyance of properties and or clusters of properties to the SCHOOL BOARD
as shown on exhibit "3" by the CITY, shall occur within forty -five (45) days of the date of
acquisition by the CITY.
6. After acquisition of all properties along the existing right -of -way of N.W.
11 \ dace \wp5O \dcx• \a \mtt rloc.pex• 2 MH IA 2 \3 \93
12th Avenue, the CITY shall abandon and convey to the SCHOOL BOARD the N.W. 12th
Avenue right -of -way between Seacrest Boulevard and N.W. First Street, less the right -of-
way necessary for access to the residence located on the southeast corner of N.W. 12th
Avenue and N.W. First Street.
8. The CITY shall abandon N.W. First Street, between N.W. 12th Avenue and
N.W. 13th Avenue as shown on Exhibit "2 ".
9. The CITY shall disclaim any municipal interest in said abandoned right -of-
ways, subject to existing utilities, if any.
10. Joint use properties that are shown on Exhibit "2" will be maintained by the
CITY as joint use education /recreational facilities and subject to a Joint Use Interlocal
Agreement between SCHOOL BOARD and the CITY.
11. The CITY shall retain title to the park lands described as Parcels _ and
shown on Exhibit "2".
12. The SCHOOL BOARD shall pay to CITY fifty percent (50 %) of the purchase
price expended by CITY for the acquisition of properties described in Exhibit "2 ", provided,
however, that the total paid to CITY by the SCHOOL BOARD shall not exceed 00.
Payment based upon appraisals to the CITY shall be made on a pro -rata basis at the time
the CITY acquires the individual clusters.
13. The SCHOOL BOARD shall construct and make improvements to the Poinciana
Elementary School and improvements necessary to implement the Math Science Technology
Magnet as described in the Magnet Sschool Assistant Program Grant Application for the 93-
94 federal funding cycle.
11 \ data \cipp5O \doc\agreemt\Unterloc.poe 3 MH:bf 2 \3 \93
14. In the event the CITY is unable to or is unsuccessful in acquiring title to the
,■ii !99
properties described in Exhibit "2" prior to Oc , 993, either party may cancel this
Agreement, and both parties shall be relieved of all duties and responsibilities hereunder.
.0a 15. If the design of future facilities should be placed across the easements of
0 0 0 existing public utilities, the SCHOOL BOARD will request the removal and relocation of
0 these utilities, by the responsible owners at the owners cost, or shall negotiate cost.
16. In the event that litigation shall be necessary for the enforcement of this
Agreement on behalf of either party, then the prevailing party shall be entitled to
reasonable attorneys' fees and costs incurred in said litigation.
17. If any term or provision of this Agreement shall, to any extent, be deemed
invalid or unenforceable, the remainder of this Agreement shall be valid and shall be
enforced to the fullest extent of the law.
IN WITNESS WHEREOF, this Agreement has been executed by the parties herein on
the day and year first above written.
SCHOOL BOARD OF
Signed in the presence of: PALM BEACH COUNTY, FLORIDA
By:
As to the Board Gail Mork. chairman
Attest:
As to the Board C Monica Uhlhom, Superintendent
11 \ data \wp50 \doc \agreemt \mterhx• poe 4 AA' l.bf 2 \3 \93
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer duly authorized in the
State and County named above to take acknowledgments, personally appeared Gail B fork,
Chairman and C. Monica Uhlhorn, Superintendent of the School Board of Palm Beach
County, Florida, and they acknowledged before me that they had executed the foregoing
instrument as said officers and that they also affixed thereto the official seal of the School
Board.
-i,.,.,-...__.._..„,•.-
11 . \ data \wp50 \doc \agreemt \Interloc.poe 5 AAH.bf 2 \3 \93
1
SWORN TO and subscribed before me this day of , 1993.
My Commission Expires: Notary Public
(Notary Seal)
CITY OF BOYNTON BEACH, FLORIDA
Signed in the presence of:
By:
Mayor
PRINT NAME
Attest:
Sue Kruse, city clerk
PRINT NAME
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer duly authorized in the
State and County named above to take acknowledgments, personally appeared
as Mayor, and Sue Kruse as City Clerk of the City of Boynton Beach,
Florida, and they acknowledged before me that they had executed the foregoing instrument
as said officers and that they also affixed heretathe official seal of the City.
SWORN TO and subscribed before me this day of , 1993.
My Commission Expires: Notary Public
(Notary Seal)
11 \ data \wp50 \doc \agreeml \mterloc poc 6 AA}I bt 2 \3 \93
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REAL PROPERTY ANALYSTS, INC
March 10, 1995
Mr. Kerry L. Ezrol
Josias and Goren, P.A.
3099 East Commercial Boulevard
Fort Lauderdale, Florida 33308
RE: City of Boynton Beach v. McCloud (Poinciana Elementary School Site Expansion)
J & G File No.: 940225
Parcel No.: 5
RPA File No.: 94- 536.005
Dear Mr. Ezrol:
I I
Pursuant to your request, I have completed an appraisal of the above - captioned parcel. The
purpose of the appraisal is to estimate the just compensation due the owner as a result of the
whole property acquisition of a property known as Parcel 5. Just compensation is defined as
the market value of the whole property to be taken.
Market value is defined as "the most probable price, as of a specified date, in cash, or in
terms equivalent to cash, or in other precisely revealed terms, for which the specified property
rights should sell after reasonable exposure in a competitive market under all conditions
requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and
for self interest, and assuming that neither is under undue duress."
The attached Summary Appraisal Report contains the market data and my analysis of the
factual market data which forms the basis for my conclusions. Your attention is directed to
the Certificate of Valuation and the Assumptions and Limiting Conditions which form an
integral part of the attached report. I have personally inspected the exterior of the property
that is the subject of this report. Based upon the conclusions contained herein, in my opinion,
the compensation due to the owner of this property as of March 8, 1995 is as follows:
FOUR THOUSAND ONE HUNDRED DOLLARS
(54,100)
Respectfully submitted,
REAL P! e • RTY ANALYSTS, INC.
J • ep F. Miller, ASA
State - Certified General Real Estate Appraiser #0001402
KAB -52 94 -536
Box 9924, Fort Lauderdale, FL 33310 -9924
1000 South Federal Highway Suite 202, Deerfield Beach, FL 33441 305/420 -5200
— Established in 1962
CERTIFICATION
We Certify that, to the best of our knowledge and belief:
- - the statements of fact contained in this report are true and correct.
the reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and are our personal, unbiased professional
analyses, opinions, and conclusions.
- We have no present or prospective interest in the property that is the subject of this
report, and we have no personal interest or bias with respect to the parties involved.
- Our compensation is not contingent upon the reporting of a predetermined value or
direction in value that favors the cause of the client, the among of the value
estimate, the attainment of a stipulated result, or' the occurrent of a subsequent
event.
Our analyses, opinions, and conclusions were developed, and this report has been
prepared in conformity with the Uniform Standards of Professional Appraisal Practice.
We have made a personal inspection of the property that is the subject of this report.
- Mr. Thomas Miller, Registered Appraiser No. 0003116, provided significant
professional assistance in the preparation of this appraisal.
Joseph F. Miller has met the minimum prescribed continuing
educational requirements mandated by the American Society of
Appraisers for its' Accredited Senior Appraisers (ASA).
A ,
/
.seph . Miller, ASA
State Certified General Real Estate Appraiser #0001402
-ii-
TABLE OF CONTENTS
PART I - INTRODUCTION
Letter of Transmittal i
Certificate of Valuation ii
Table of Contents iii
Assumptions and Limiting Conditions iv
Scope of Services vi
Photographs of the subject property vii
PART II - FACTUAL DATA
Summary of Salient Facts and Conclusions 1
Property Address or Location 2
Property Owner Name and Address 2
Legal Description 2
Property Inspection 2
Type of Property 2
History of Property 2
Property Interest Appraised 2
Purpose of the Appraisal 3
Appraisal Problem 3
Definition of Market Value 3
Effective Date of Value 3
Site and Neighborhood Analysis 4
PART III - ESTIMATED VALUE OF WHOLE PROPERTY
Highest and Best Use 5
Sales Comparison Approach to Value 6
Reconciliation of the Approaches 9
PART IV - EXHIBITS
Qualifications of the Appraiser
Sketch of the subject property
-iii -
,
1
,
ASSUMPTIONS AND LIMITING CONDITIONS
The legal description furnished to the appraiser is assumed to be correct.
All existing liens and encumbrances have been considered, however, the property is appraised
as though free and clear, under responsible ownership and competent management.
The information identified in this report as being furnished to the appraiser by others is
believed to be reliable, however, the appraiser assumes no responsibility for its accuracy.
The plot plans and illustrative material in this report are included only to assist the reader in
visualizing the property.
It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or
structures that render it more or less valuable. No responsibility is assumed for such
conditions or for arranging for engineering studies that may be required to discover them.
It is assumed that there is full compliance with all applicable federal, state, and local
environmental regulations and laws unless noncompliance is stated, defined, and considered
in the appraisal report.
It is assumed that all required licenses, certificates of occupancy, consents, or other legislative
or administrative authority from any local, state, or national government or private entity or
organization have been or can be obtained or renewed for any use on which the value estimate
contained in this report is based.
It is assumed that the utilization of the land and any improvements is within the boundaries
or property lines of the property described and that there is no encroachment or trespass
unless noted in the report.
The distribution, if any, of the total valuation in this report between land and any
improvements applies only under the stated program of utilization. The separate allocations
for land and buildings must not be used in conjunction with any other appraisal and are invalid
if so used.
Possession of this report, or copy thereof, does not carry with it the right of publication. It
may not be used for any purpose by any person other than the party to whom it is addressed
without the written consent of the appraiser, and in any event, only with proper written
qualifications and only in its entirety.
Disclosure of the contents of this appraisal is governed by the ByLaws and Regulations of the
American Society of Appraisers.
The appraiser herein by reason of the a
pp y appraisal is not required to give further consultation,
testimony, or be in attendance in court with reference to the property in question unless
arrangements have been previously made.
-iv-
ASSUMPTIONS AND LIMITING CONDITIONS
Neither ail, nor part of the contents of this report, especially any conclusions as to value, the
identity of the appraiser, or the firm with which the appraiser is connected, shall be
disseminated to the public through advertising, public relations, news, sales, or other media
without the prior written consent and approval of the appraiser.
The Americans with Disabilities Act ( "ADA ") became effective January 26, 1992. I have not
made a specific compliance survey and analysis of this property to determine whether or not
it is in conformity with the various detailed requirements of the ADA. It is possible that a
compliance survey of the property, together with a detailed analysis of the requirements of
the ADA, could reveal that the property is not in compliance with one or more of the
requirements of the Act. If so, this fact could have a negative effect upon the value of the
property. Since I have not direct evidence relating to this issue, I did not consider possible
non - compliance with the requirements of ADA in estimating the value of the property.
Unless otherwise stated in this report, the existence of hazardous materials, which may or
may not be present on the property, was not observed by the appraiser. The appraiser has
no knowledge of the existence of such materials on, or in the property. The appraiser is not
qualified to detect such substances. The presence of substances such as asbestos, urea -
formaldehyde foam insulation, or other potentially hazardous materials may affect the value
of the property. The value estimate is predicated on the assumption that there is no such
material on or in the property that would cause a loss in value. No responsibility is assumed
for any such conditions, or for any expertise or engineering knowledge required to discover
them. The client is urged to retain an expert in this field, if desired.
-v-
SCOPE OF SERVICES
The Scope of Services for this assignment included the collection and analysis of all pertinent
data necessary to provide an estimate of the compensation due the owner as a result of a
whole property acquisition for the expansion of the Poinciana Elementary School Site.
The Scope of Services included a field inspection of the property and market data. The land
size was obtained from a Boundary Survey prepared by Adair and Brady, Inc., consulting
engineers for the project. The Palm Beach County Property Appraiser, Real Estate Data, Inc.
and ISC, Inc. were utilized as the general source of sales data. All market information was
independently confirmed and verified with the Public Records and with one or more parties to
the transaction.
An analysis of the regional and local market was undertaken based upon information obtained
from physical inspection of the area and review of various local publications which are
properly referenced in the appropriate section of the appraisal. The presentation of the
appraisal is in a Summary Appraisal format and therefore, the detailed regional and
neighborhood analysis has been compiled in our working files for reference. The presentation
of the report in no way limited the scope of the investigation of the property and /or market
data.
-vi-
SUBJECT PHOTOGRAPHS: MARCH 1995
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Lookin r southeast at subject.
-vii-
SUBJECT PHOTOGRAPHS: MARCH 1995
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View facing west along Northwest 13th Avenue
View facing southwest
-viii-
i -- -- - -- — -- -- - - - -- - - -- - - - -- -- - - - - - -- - ----- - - - - -- -
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
PARCEL NO: 5
OWNER'S NAME: Ernestine McCloud
OWNER'S ADDRESS: 2181 Northwest 1st Street
Boynton Beach, Florida 33435
PROPERTY ADDRESS: 106 Northwest 13th Avenue
Boynton Beach, Florida
FOLIO NUMBER: 08- 43- 45- 21 -21- 000 -0421
LAND SIZE: 2,760 square feet
ZONING: R2- Residential
HIGHEST AND BEST USE: Residential
INCOME APPROACH TO VALUE: Not applicable
COST APPROACH TO VALUE: Not applicable
SALES COMPARISON
APPROACH TO VALUE: $4,100
RECONCILIATION: $4,100
DATE OF VALUE: March 8, 1995
-1-
- -- - - - - -- — - - -- - - PROPERTY ADDRESS OR LOCATION:
The property is located on the south side of Northwest 13th Avenue approximately 50 feet
west of Seacrest Boulevard in Boynton Beach within southeastern Palm Beach County,
Florida. The common address is 106 Northwest 13th Avenue, Boynton Beach, Florida.
PROPERTY OWNER NAME AND ADDRESS:
Ernestine McCloud
2181 Northwest 1st Street
Boynton Beach, Florida 33435
NOTE: This is the ownership as reported by the Palm Beach County Property Appraiser as of
a current date. This information is subject to a formal opinion of title.
LEGAL DESCRIPTION OF PARENT TRACT
The south half of Lot 42, Subdivision of Lot 3, of LANEHART'S SUBDIVISION, as recorded
in Plat Book 10, Page 39 of the Public Records of Palm Beach County, Florida, less that
portion of road right -of -way according to deed book 541, Page 888, of said public records.
PROPERTY INSPECTION:
1. Date(s) inspected: March 8, 1995
2. Identity of those present
during inspection: Joseph F. Miller and Thomas Miller
TYPE OF PROPERTY:
A portion of one vacant platted lot.
HISTORY OF PROPERTY:
There has been no recorded transfers of the property within the past three years.
PROPERTY INTEREST APPRAISED:
The property interest appraised are all rights existing in fee simple as of the appraisal date.
The fee simple ownership is defined as the full bundle of rights of ownership of real estate
subject to the four powers of government. These rights are the legal and economic properties
of the owner that may rightfully be exchanged for money or equivalent goods. Property rights
inherent in the ownership of tangible personal property are not the subject of this report.
-2-
- - — - - -- --- - - - - --
I
PURPOSE AND FUNCTION OF THE APPRAISAL:
The purpose of the appraisal is to estimate the market value of the whole property. The
function of the report is for use in eminent domain proceedings related to the acquisition of
the property by the School Board of Palm Beach County.
APPRAISAL PROBLEM:
The School Board of Palm Beach County proposes to acquire the whole property for the public
purpose of expanding the existing site of the Poinciana Elementary School. The appraisal
problem is to estimate the market value of the fee simple interest in the whole property. The
appraisal problem is addressed through the investigation and utilization of the appropriate
appraisal methodologies.
DEFINITION OF MARKET VALUE:
The most probable price in cash, as of a specified date, financial arrangements equivalent to
cash, or in other precisely revealed terms, for which the appraised property will sell in a
competitive market under all conditions requisite to a fair sale, with the buyer and seller each
acting prudently, knowledgeably, and for self- interest, and assuming that neither is under
duress.
EFFECTIVE DATE (DATE OF VALUE):
The date of value is the date of the most recent inspection which was March 8, 1995.
-3-
- - - -- - - -- - - -- - - -- --
- ------- - - - - -- --- - - - - -- -
1
1
BRIEF SITE AND NEIGHBORHOOD ANALYSIS
The subject property is a vacant lot located on the south side of Northwest 13th Avenue
approximately 50 feet west of Seacrest Boulevard in the City of Boynton Beach in
southeastern Palm Beach County, Florida. Boynton Beach is an older, developed oceanside
town and the subject property is located in one of the older sections of the city. The subject
neighborhood is described as being bound by Northeast 16th Avenue to the north, Interstate
95 to the west, Boynton Beach Boulevard to the south and Federal Highway (U.S. 1) to the
east.
The site measures approximately 50 feet in width along Northwest 13th Avenue by
approximately 55 feet deep. This indicates a total site size of 2,760 ± square feet of land
area. The site is relatively level with the road which is a two lane paved roadway with curbs
and gutters. Drainage seems adequate and the property appears suitable for building based
upon adjacent properties. Public utilities available include water, sewer, electric and
telephone. This site is zoned R -2, which is a low density residential zoning classification.
The subject neighborhood is a mixture of single family homes with some multi - family
dwellings and small businesses on the major roadways. The neighborhood is primarily
comprised of low to moderate income residents with the homes having mostly been
constructed in the 1960's. There are a relatively large number of vacant lots and homes in
a state of disrepair. The City of Boynton Beach as well as other local, state and Federal
agencies have created programs to help assist in the redevelopment of the neighborhood are
there are some signs of limited progress.
The subject is located on a street which is mostly improved with single family homes.
However, the Poinciana Elementary School is located behind the property. The school is set
for expansion to meet the growing education needs of the community.
-4-
I
HIGHEST AND BEST USE
The property is located on the south side of Northwest 13th Avenue in Boynton Beach,
Florida. The surrounding uses are primarily residential in nature. The zoning of the subject
property is R2, which allows for residential development and is consistent with the
surrounding uses. Although the subject contains only 2,760 ± square feet of land area, it is
highly probable that a variance could be obtained to construct a small single family home on
the property.
Based upon a review of the market activity in the area, it is apparent that there is a steady
demand for residential properties in the area. In our opinion, based upon the factors
discussed, the highest and best use for the subject property is for residential development.
-5-
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i
VALUATION - SALES COMPARISON APPROACH TO VALUE
We reviewed numerous vacant land sales within the recent past. Careful consideration was
given to location, size, zoning, access, traffic exposure as well as elements such as conditions
of sale, market conditions, cash equivalency and other factors. Based upon our review of all
pertinent factors, we have selected the five sales summarized herein as being the most
comparable of the sales reviewed. Each of the sales were considered armslength transactions
and occurred in the recent past, thereby not requiring any adjustment for conditions of sale
or changing market conditions. Each of the sales were cash to seller or were based upon
typical market financing terms and therefore, no adjustment for cash equivalency was
required.
The sales took place from September of 1993 through June of 1994. The properties
consisted of mostly single lot sales and each of the properties were located in close proximity
to the subject property. The properties sold from $9,000 to $12,500 and range in size from
6,150 square feet of land area to 9,348 square feet of land area. All of these sales are larger
than the subject property which contains 2,760 square feet of land area. Although the
subject property does not meet the zoning requirements, it is highly probable that a variance
could be obtained to construct a small single family home. The indicated unit prices of the
comparables range from $1.34 per square foot of land area to $1.54 per square foot of land
area. The sales data indicate a relatively tight unit price range. Based upon our review, it is
our opinion that a unit price of $1.50 per square foot of land area is applicable to the subject
property.
Therefore, in our opinion, the value of the subject property based upon the Sales Comparison
Approach to Value is estimated to be $4,140, say $4,100.
_8_
RECONCILIATION
The reconciliation involves the analysis of the various approaches to value. In this
assignment, the Sales Comparison Approach to Value was the only applicable method of
valuation. The Cost and Income Approaches were not considered applicable since the
property is vacant land. Based upon our review of all of these factors, it is our opinion that
the market value of the subject property as of March 8, 1995 is as follows:
FOUR THOUSAND ONE HUNDRED DOLLARS
($4,100)
Per your request, we have condensed our findings into this Summary Appraisal Report,
however, a complete narrative report can be completed upon your request.
-9-
SENT BY: 3- 3 -95 : 11:16 :JOS(aS & GUREN. P. A. - :
'MO WU l ►WLP t p.1I/ pry t.V i "'L tauQV11114IVN arr►s WRY vOP►nuw�r rwr►. ,...r
*
OF LOTS 1. • Nil. AR eU6DIVI410N, A6 Rec rweo 66AGRW bwl4 R/w MAP
. tt4 PLAT - • • >t Id, PA42 eo, PUb%.tC R,eCOI MA OP PALM , PALM bU C.I4 coliNrr ORAWIN ;
DRACH cow ►Ldtt1OA, LEO.11.1AT PORTION OP NO. 1 ,•TG " R/W
PAD Rt$ 6•0I WAY ACCORDINO't%OeeD some - ;
4#I;,tr ee - , , 3F MID PVbLIC Recoaoe • •
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• '.6UbDIVi41ON OF LOT 3, LANEI4A • Tb 6tibDIV ON i 0 •
11 . li PLA ROOK IO, PAW, 33
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1
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P• M.ATOIM NW •N - *N.I.t+ AM!,
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ii
UNMROflouNO OR WSW D1NtoVRUQNTD Voi
NOT LOOATRD OR INOWIM NDIIMIL
"1"4"""
a ! t, ) t >>� , � ; �: r 4 ' "it ' ; ,.ut BOUNDARY SURVEY
,
11 6CKOOL...t�OAR OF .
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• 'i I .,i ORACris 11` a °"A'"' KC aft OPIMM r • 4)4 04
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QQALIFICATIQN$
JOSEPH F. MILLER, ASA
EDUCATION: Southern Illinois University, Carbondale, Illinois
Florida Atlantic University, Boca Raton, Florida
Successfully completed the following appraisal and real estate related courses at FAU:
* REE 4040 - Principles of Real Estate
* REE 4103 - Principles of Real Estate Appraisal
* REE 4104 - Income Property Appraisal
* REE 4433 - Real Estate Law
* REE 4204 - Real Estate Finance
Completed the following courses /exams of the Appraisal Institute:
* 1A -1 Real Estate Principles
* 1A -2 Basic Valuation Procedures
* 1B -A Capitalization Theory and Techniques, Part A
* 1B -B Capitalization Theory and Techniques, Part B
* SPP Standards of Professional Practice
* 2 -1 Case Studies of Real Estate Appraising
Completed the following course at Edison Community College
* REE 2401 - Real Estate Broker Class
Successfully completed the following exams given by the American Society of Appraisers:
* Open Group Examination - Comprehensive
* Principles of Appraisal Practice, Code of Ethics, and Uniform Standards of Professional
Appraisal Practice Exam
LICENSED: Certified General Real Estate Appraiser #0001402 - State of Florida
PROFESSIONAL
ASSOCIATIONS: Member of the International Right -of -Way Association
Senior Member of American Society of Appraisers - South Florida,
Chapter No. 82 - Accredited Senior Appraiser (ASA) Real Property Urban
EXPERIENCE: 1983 - Present - Real Property Analysts, Inc., Fort Lauderdale, Florida, Fee Appraiser
JOSEPH F. MILLER. ASA
QUALIFIED AS
EXPERT WITNESS FOR: Lee County, Collier County, Broward County, Palm Beach County, Martin
County, Dade County Circuit Courts and Federal Bankruptcy Court - Miami
HAS COMPLETED: Both form and narrative appraisals for residential and commercial properties.
Adult congregate living facilities Service Stations
Cemeteries Shopping Centers
Condominiums Single - family residential
Cooperatives Stores
Hotels and motels Vacant land, commercial, industrial
Marinas and residential
Multi - family dwellings Warehouses
Office buildings Wetlands
Railroads right -of -way
QUALIFICATIONS
THOMAS M. MILLER
EDUCATION: DEPAUL UNIVERSITY,
CHICAGO, ILLINOIS
BACHELOR OF SCIENCE, 1993
MAJOR: HUMAN RESOURCE MANAGEMENT
GOLDCOAST SCHOOL OF REAL ESTATE
- FREC I, 1994
- A/B 1 APPRAISAL CLASS, 1994
LICENSED: State Registered Real Estate Appraiser - 0003116
EXPERIENCE: January, 1994 - Present
Real Property Analysts, Inc.
Deerfield Beach, Florida.
Research Assistant, dealing with Eminent Domain, Right of
Way Acquisition Procedures and general commercial
appraisals. Legal research includes preparation of exhibits and
research of case law for trial purposes. Appraisal research
includes deed records, title searches, inspections, etc.
January, 1984 - January, 1994
Wiedner & McAuliffe, Ltd.,
Chicago, Illinois
Paralegal, dealt with various areas of law, specifically
Worker's Compensation defense, Civil Litigation, and Real
Estate Law. Duties included legal writing and research as
well as being responsible for proof reading and approving final
drafts of all briefs to be filed.
Systems Manager, responsible for coordinating all computer
applications as well as training of new personnel and trouble
shooting when problems arose.