House Bill 4505
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Florida House of Representatives - 1998 HB 4505
By Representative Minton
1 A bill to be entitled
2 An act relating to the Lake Worth Drainage
3 District, Palm Beach County; providing for
4 codification of special laws regarding special
5 districts, relating to the Lake Worth Drainage
6 District, a body corporate existing under the
7 laws of the State of Florida and existing and
8 operating in Palm Beach County pursuant to
9 chapter 61-1747, Laws of Florida, as amended;
10 codifying and reenacting chapter 61-1747, Laws
11 of Florida; chapter 63-616, Laws of Florida;
12 chapter 63-618, Laws of Florida; chapter
13 67-867, Laws of Florida; chapter 71-830, Laws
14 of Florida; chapter 75-472, Laws of Florida;
15 chapter 81-460, Laws of Florida; chapter
16 82-353, Laws of Florida; chapter 83-493, Laws
17 of Florida; chapter 84-496, Laws of Florida;
18 chapter 87-521, Laws of Florida; Section
19 5(1)(b) of chapter 90-416, Laws of Florida;
20 chapter 90-480, Laws of Florida; and chapter
21 96-478, Laws of Florida; providing for repeal
22 of chapter 61-1747, Laws of Florida, as
23 amended; providing for repeal of prior special
24 acts relating to the Lake Worth Drainage
25 District; providing an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Chapter 61-1747, Laws of Florida; chapter
30 63-616, Laws of Florida; chapter 63-618, Laws of Florida;
31 chapter 67-867, Laws of Florida; chapter 71-830, Laws of
1
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Florida House of Representatives - 1998 HB 4505
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1 Florida; chapter 75-472, Laws of Florida; chapter 81-460, Laws
2 of Florida; chapter 82-353, Laws of Florida; chapter 83-493,
3 Laws of Florida; chapter 84-496, Laws of Florida; chapter
4 87-521, Laws of Florida; Section 5(1)(b) of chapter 90-416,
5 Laws of Florida; chapter 90-480, Laws of Florida; and chapter
6 96-478, Laws of Florida, relating to the Lake Worth Drainage
7 District of Florida, are codified, reenacted, amended, and
8 repealed as herein provided.
9 Section 2. The Lake Worth Drainage District is
10 re-created and reenacted to read:
11 Section 1. District created and boundaries
12 thereof.--For the purpose of further reclaiming, draining, and
13 irrigating the lands hereinafter described, and for the
14 purpose of water control and water supply; protecting said
15 lands from the effects of water by means of the construction
16 and maintenance of canals, ditches, levees, dikes, pumping
17 plants, and other drainage and irrigation works and
18 improvements; improving said lands and making said lands
19 within the district available, acceptable, and habitable for
20 settlement and agriculture, and for the public convenience,
21 welfare, utility, and benefit and other purposes stated in
22 this act, a drainage district is hereby created and
23 established in Palm Beach County, Florida, to be known as the
24 Lake Worth Drainage District, the territorial boundaries of
25 which shall include the following lands, to wit:
26
27 The East One-half (E 1/2) of the West One-half
28 (W 1/2) of Section 36, Township 43 South, Range
29 41 East, lying North of the North Right-of-Way
30 line of the West Palm Beach Canal (C-51);
31 AND ALSO
2
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Florida House of Representatives - 1998 HB 4505
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1 The West One-half (W 1/2) of Section 36,
2 Township 43 South, Range 41 East, lying South
3 of the North Right-of-Way line of the West Palm
4 Beach Canal (C-51);
5 AND ALSO
6 The Northwest One-quarter (NW 1/4) of Section
7 1, Township 44 South, Range 41 East;
8 AND ALSO
9 The Southwest One-quarter (SW 1/4) of Section
10 12, Township 44 South, Range 41 East;
11 AND ALSO
12 The West One-half (W 1/2) of Section 24,
13 Township 44 South, Range 41 East;
14 AND ALSO
15 The East Three-quarters (E 3/4) of the East
16 One-half (E 1/2) of the Southwest One-quarter
17 (SW 1/4) of Section 36, Township 44 South,
18 Range 41 East;
19 AND ALSO
20 Blocks 37, 39, 40 and 41 of the Hiatus lying
21 between Townships 44 and 45, Range 41, lying
22 East of the East Right-of-Way line of L-40, a
23 works of the South Florida Water Management
24 District;
25 AND ALSO
26 All of Section 1, the East Three-quarters (E
27 3/4) of the Southeast One-quarter (SE 1/4) of
28 Section 2 and all that part of Sections 3, 4, 5
29 and 10 lying East of the East Right-of-Way line
30 of L-40, a works of the South Florida Water
31
3
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Florida House of Representatives - 1998 HB 4505
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1 Management District, all lying in Township 45
2 South, Range 41 East;
3 AND ALSO
4 All of Section 11, Township 45 South, Range 41
5 East;
6 AND ALSO
7 The North Three-quarters (N 3/4) of the West
8 One-half (W 1/2) of Section 12, Township 45
9 South, Range 41 East;
10 AND ALSO
11 The North One-half (N 1/2) of the South
12 One-half (S 1/2) of the Northeast One-quarter
13 (NE 1/4) of Section 13, Township 45 South,
14 Range 41 East;
15 AND ALSO
16 The Northwest One-quarter (NW 1/4) of Section
17 13, Township 45 South, Range 41 East, LESS the
18 East One-half (E 1/2) of the Southeast
19 One-quarter (SE 1/4) of the Southeast
20 One-quarter (SE 1/4) of the Northwest
21 One-quarter (NW 1/4) of said Section 13;
22 AND ALSO
23 The South One-quarter (S 1/4) of Section 13,
24 Township 45 South, Range 41 East, LESS the
25 following described parcel: Commencing at the
26 Southeast Corner of said Section 13, thence
27 North 00°30'06" West along the East line of
28 Section 13 (an assumed bearing and all other
29 bearings being relative thereto), 1,318.08
30 feet; thence South 89°25'33" West, 69.46 feet
31 to the West Right-of-Way line of U.S. Highway
4
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Florida House of Representatives - 1998 HB 4505
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1 441 (State Road 7), as now laid out and in use
2 and also being the POINT OF BEGINNING; thence
3 continuing South 89°25'33" West, 2,672.4 feet;
4 thence South 00°29'06" East, 652.0 feet, thence
5 North 89°25'33" East, parallel with the North
6 line, 2,672.4 feet to the West Right-of-Way of
7 U.S. Highway 441 (State Road 7); thence North
8 00°29'06" West, along the West Right-of-Way of
9 U.S. Highway 441 (State Road 7), 652.0 feet to
10 the POINT OF BEGINNING; said parcel containing
11 40.0 acres more or less;
12 AND ALSO
13 That part of Sections 14, 15 and 23, Township
14 45 South, Range 41 East, lying East of the East
15 Right-of-Way line of L-40, a works of the South
16 Florida Water Management District;
17 AND ALSO
18 The West One-quarter (W 1/4) of Section 24,
19 Township 45 South, Range 41 East;
20 AND ALSO
21 The West One-half (W 1/2) of Section 25,
22 Township 45 South, Range 41 East;
23 AND ALSO
24 That part of Section 26, Township 45 South,
25 Range 41 East, lying East of the East
26 Right-of-Way line of L-40, a works of the South
27 Florida Water Management District;
28 AND ALSO
29 The West One-half (W 1/2) of Section 36,
30 Township 45 South, Range 41 East;
31 AND ALSO
5
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1 The West One-half (W 1/2) of Section 1,
2 Township 46 South, Range 41 East;
3 AND ALSO
4 That part of Sections 11 and 23, the West
5 One-half (W 1/2) of Section 26 and all of
6 Section 35, Township 46 South, Range 41 East,
7 lying East of the East Right-of-Way line of
8 L-40, a works of the South Florida Water
9 Management District;
10 AND ALSO
11 Tracts 1, 2, 7, 19, 41, 49, 50, 51, 52, 53 and
12 56, Section 1, Township 47 South, Range 41
13 East, according to the Plat of Florida
14 Fruitlands Subdivision, as recorded in Plat
15 Book 1, page 102, of the Public Records of Palm
16 Beach County, Florida;
17 AND ALSO
18 The West One-half (W 1/2) of Section 2,
19 Township 47 South, Range 41 East;
20 AND ALSO
21 That part of Section 10, Township 47 South,
22 Range 41 East, lying East of the East
23 Right-of-Way line of L-40, a works of the South
24 Florida Water Management District, and North of
25 the centerline of Lateral Canal No. 43-W;
26 AND ALSO
27 Tracts 7, 9, 10, 13, 27, 35, 53, 63, and 64,
28 Section 11, Township 47 South, Range 41 East,
29 according to the Plat of Florida Fruitlands
30 Subdivision, as recorded in Plat Book 1, page
31
6
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Florida House of Representatives - 1998 HB 4505
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1 102, of the Public Records of Palm Beach
2 County, Florida;
3
4 It is the intent of the above described legal
5 description to include all properties lying
6 West of the Rangeline between Ranges 41 and 42
7 East and lying East of L-40, a work of the
8 South Florida Water Management District and/or
9 the boundaries of Acme Improvement District, as
10 now laid out and in use, and South of the North
11 line of Section 36, Township 43 South, Range 41
12 East, and North of the South line of the Lake
13 Worth Drainage District, as now existing, not
14 previously lying within the boundaries of the
15 Lake Worth Drainage District as established by
16 the Florida Legislature or by petition of the
17 owner and ultimate annexation by the Lake Worth
18 Drainage District.
19 AND ALSO
20 Beginning at the centerline of N.W. 3rd Avenue
21 (formerly Beatty Street) and the centerline of
22 Atlantic Avenue; according to the plat of the
23 Map of the Town of Linton, Florida, as recorded
24 in Plat Book 1, Page 3, Public Records of Palm
25 Beach County, Florida; thence Northerly, along
26 the said centerline of N.W. 3rd Avenue, to a
27 point on the North right-of-way line of Lake
28 Ida Road, a county road, as now laid out and in
29 use (also known as N.W. 4th Street) (formerly
30 known as Market Street on said Plat Book 1,
31 Page 3); thence Westerly, along the said North
7
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Florida House of Representatives - 1998 HB 4505
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1 right-of-way line of Lake Ida Road, to a point
2 on the West line of Section 8, Township 46
3 South, Range 43 East, Palm Beach County,
4 Florida; thence Southerly, along the West line
5 of said Section 8 and the West line of Section
6 17, Township 46 South, Range 43 East, Palm
7 Beach County, Florida, to a point on the
8 centerline of said Atlantic Avenue (being also
9 the South line of the North Half (N 1/2) of
10 said Section 17); thence Easterly, along the
11 centerline of said Atlantic Avenue to the Point
12 of Beginning.
13
14 Additionally included into the boundaries of
15 the Lake Worth Drainage District are the
16 following described parcels:
17
18 Lot 8 and Lots 10 to 13 inclusive, Block 15,
19 and Lots 8 to 18 inclusive, Block 20, LAKE
20 BOYNTON ESTATES PLAT NO. 1, according to the
21 plat thereof on file in the office of the Clerk
22 of the Circuit Court in and for Palm Beach
23 County, Florida, recorded in Plat Book 13, Page
24 32;
25
26 AND
27
28 Lots 11 and 12, Block 21; Lots 8 to 19
29 inclusive, Block 26; Lots 6 to 26 inclusive,
30 Block 27; Lots 10 to 32 inclusive, Block 32;
31 Lots 5 to 20 inclusive, Block 33; and Lots 6 to
8
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Florida House of Representatives - 1998 HB 4505
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1 21 inclusive, Block 38, LAKE BOYNTON ESTATES
2 PLAT NO. 2, according to the plat thereof on
3 file in the office of the Clerk of the Circuit
4 Court in and for Palm Beach County, Florida,
5 recorded in Plat Book 14, Page 17;
6
7 AND
8
9 That part of W 1/2 of SE 1/4 of Section 29,
10 Township 45 South, of Range 43 East, Palm Beach
11 County, Florida, lying East of the West R/W
12 line of the E-4 Drainage Canal, and West of
13 said Lake Boynton Estates and South of Palm
14 Beach Leisureville, Third Section, according to
15 the Plat thereof as recorded in Plat Book 28,
16 Pages 243 and 244, Public Records of Palm Beach
17 County, Florida;
18
19 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
20
21 A Tract of land lying partially in Sections 16,
22 17, 20 and 21, Township 45 South, Range 43
23 East, Palm Beach County, Florida, said Tract
24 being more particularly described as follows:
25 Commencing at the Southwest corner of said
26 Section 17; thence North 1°44'39" East, along
27 the West line of Section 17, a distance of
28 1318.10 feet to a point in the intersection
29 with the centerline of N.W. 22nd Avenue, as
30 recorded in O.R. Book 1738, Page 1686, of the
31 Public Records of Palm Beach County, Florida;
9
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1 thence with a bearing of North 89°04'32" East,
2 along the centerline of N.W. 22nd Avenue, a
3 distance of 778.37 feet to the Point of
4 Beginning; thence North 1°44'39" East a
5 distance of 1247.06 feet to the South
6 right-of-way line of L.W.D.D. Lateral 21,
7 thence North 89°08'49" East, along the South
8 right-of-way line of L.W.D.D. Lateral 21, as
9 recorded in O.R. Book 1732, Page 612, of the
10 Public Records of Palm Beach County, Florida, a
11 distance of 635.93 feet to the centerline of
12 the L.W.D.D. Equalizing Canal E-4, as recorded
13 in O.R. Book 1732, Page 612, of the Public
14 Records of Palm Beach County, Florida; thence
15 along the centerline of the above described E-4
16 Canal with a curve to the right having a chord
17 bearing of North 10°32'52" East, a radius of
18 750.00 feet, a central angle of 4°04'17", and
19 an arc length of 53.29 feet; thence continue
20 along the centerline of the E-4 Canal, with a
21 bearing of North 12°35'00" East, a distance of
22 320.69 feet to a point of curve; thence with a
23 curve to the left having a radius of 6500.00
24 feet, a central angle of 3°28'30", and an arc
25 length of 394.23 feet; thence North 9°06'30"
26 East, a distance of 1979.16 feet to a point on
27 the North Line of Section 17; thence with a
28 bearing of North 89°16'39" East along the North
29 line of Section 17, a distance of 1964.50 feet;
30 thence South 0°02'11" East, a distance of
31 2625.18 feet; thence North 89°08'49" East, a
10
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1 distance of 368.96 feet to a point on the North
2 right-of-way line of N.W. 22nd Avenue as
3 recorded in O.R. Book 1738, Page 1686 of the
4 Public Records of Palm Beach County, Florida;
5 thence South 19°27'31" East, a distance of
6 50.00 feet to the centerline of N.W. 22nd
7 Avenue; thence with a curve to the right having
8 a chord bearing of North 75°29'49" East, a
9 radius of 1637.02 feet, a central angle of
10 9°53'58", and an arc length of 282.85 feet to a
11 point; thence North 12°02'41" East, a distance
12 of 915.72 feet; thence North 0°31'11" East a
13 distance of 399.70 feet; thence North 89°12'37"
14 East, a distance of 413.21 feet; thence South
15 88°22'56" East, a distance of 1349.70 feet to a
16 point on the West right-of-way line of the
17 Seaboard Coastline Railroad; thence South
18 0°28'21" East, along the West right-of-way line
19 of the Railroad, a distance of 1309.09 feet to
20 a point on the centerline of N.W. 22nd Avenue;
21 thence North 88°27'31" West, along the
22 centerline of N.W. 22nd Avenue a distance of
23 672.97 feet; thence South 0°33'53" East, a
24 distance of 1306.69 feet; thence South
25 88°45'31" East, a distance of 333.51 feet to a
26 point on the West right-of-way of the Seaboard
27 Coastline Railroad; thence with a bearing of
28 South 14°08'23" West, along the West
29 right-of-way of the railroad, a distance of
30 1312.49 feet; thence South 0°33'53" East, a
31 distance of 26.69 feet; thence South 13°15'22"
11
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1 West, a distance of 920.57 feet; thence North
2 88°50'04" West a distance of 187.60 feet;
3 thence with a bearing of North 0°49'21" West, a
4 distance of 200.00 feet; thence North 88°50'04"
5 West, a distance of 218.00 feet; thence South
6 0°49'21" East, a distance of 200.00 feet;
7 thence North 88°50'04" West, a distance of
8 40.00 feet; thence South 0°40'21" East, a
9 distance of 556.84 feet; thence North 88°50'04"
10 West, a distance of 3617.26 feet to a point on
11 the centerline of the above described
12 centerline of the E-4 Canal; thence with a
13 bearing of North 5°18'14" West, a distance of
14 153.12 feet, thence with a curve to the right
15 having a radius of 450.00 feet, a central angle
16 of 15°36'44", and an arc length of 122.62 feet;
17 thence North 10°18'30" East, a distance of
18 988.60 feet to a point of curve; thence with a
19 curve to the left having a radius of 450.00
20 feet, a central angle of 18°20'00", and an arc
21 length of 143.99 feet; thence with a bearing of
22 North 8°01'30" West, a distance of 1255.14 feet
23 to a point on the centerline of N.W. 22nd
24 Avenue; thence with a bearing of South
25 89°04'32" West, along the centerline of N.W.
26 22nd Avenue a distance of 817.85 feet more or
27 less to the Point of Beginning. Containing
28 591.55 acres more or less and subject to
29 easements and rights-of-way of record.
30
31 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
12
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1
2 Commencing at the Northeast corner of Section
3 32, Township 45 South, Range 43 East, Palm
4 Beach County, Florida; thence due West
5 (assumed), along said North line of Section 32,
6 a distance of 112.84 feet to a point in the
7 Westerly right of way line of the Seaboard
8 Airline Railroad; thence S. 20°0'15" W., along
9 said Westerly right of way line; a distance of
10 764.69 feet to the Point of Beginning of the
11 parcel to be herein described; thence continue
12 S. 20°0'15" W., along the said westerly right
13 of way line of the Seaboard Airline Railroad, a
14 distance of 1733.18 feet to a point in the
15 Northerly right of way line of Southwest 23rd
16 Avenue, as shown on the Florida State Road
17 Department Right of Way Map of State Road I-95,
18 Section 93220-2411; thence N. 88°32'20" W.,
19 along said Northerly right of way line, a
20 distance of 164.10 feet to a point of curvature
21 of a curve concave to the South; thence
22 Westerly, along the arc of said curve, having a
23 radius of 2391.83 feet and a central angle of
24 9°46'14", a distance of 407.87 feet to a point
25 in the Easterly right of way line of Lake Worth
26 Drainage District E-4 Canal; thence N. 2°21'32"
27 E., along said Easterly right of way line of
28 E-4 Canal, a distance of 1903.86 feet; thence
29 due East, parallel with the North line of said
30 Section 32, a distance of 308.85 feet; thence
31 N. 2°21'32" E., a distance of 404.61 feet to a
13
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1 point in the Southerly right of way line of
2 Woolbright Road, as shown in Road Plat Book 4,
3 page 85, public records of Palm Beach County,
4 Florida; thence due East along said Easterly
5 right of way line, a distance of 49.13 feet to
6 an intersection with the limited access right
7 of way line for Woolbright Road, as shown on
8 the Florida State Road Department Right of Way
9 Map of State Road I-95, Section 93220-2411;
10 thence S. 2°16'50" E., a distance of 16.42
11 feet; thence N. 87°43'10" E., a distance of
12 29.32 feet; thence S. 2°21'32" W., a distance
13 of 389.19 feet; thence S. 69°59'45" E., a
14 distance of 741.01 feet to the Point of
15 Beginning aforedescribed.
16
17 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
18
19 1. The west 160 feet of the east 280 feet of
20 that part of the west 5/8 of the north 1/2 of
21 the south 1/4 of the northeast 1/4 lying east
22 of Congress Avenue (less the south 185' and the
23 north 25' thereof); and
24
25 2. The northeast 1/4 of the southwest 1/4 of
26 the southeast 1/4 of the northeast 1/4 (less
27 the east 20 feet, the north 25 feet road right
28 of way and the northerly 133.18 feet of the
29 south 206 feet of the easterly 129 feet); and
30
31
14
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1 3. That part of the south 1/4 of the northeast
2 1/4 lying easterly of the E-4 canal as
3 described in OR book 1948 page 1585 of the
4 Public Records of Palm Beach County; and
5
6 4. The West 100 feet of East 120 feet of the
7 West 5/8 of the North 1/2 of the South 1/4 of
8 the Northeast 1/4 of Section 18, Township 46
9 South, Range 43 East, LESS the North 20 feet
10 thereof, more clearly described as: Being that
11 portion of Tract 28 as shown on the plat of
12 MODEL LAND COMPANY SUBDIVISION of the North 1/2
13 (and part of the South 1/2) of Section 18,
14 Township 46 South, Range 43 East, as recorded
15 in Plat Book 6, page 51, Palm Beach County
16 Public Records described as follows:
17
18 Commencing at the Southeasterly corner of Tract
19 33 of said Plat, which is also the East 1/4
20 corner of said Section 18; thence Westerly
21 along the Southerly boundary of Tracts 33, 34
22 and 35 a distance of 1018.66 feet to the
23 Southwest corner of Tract 35; thence Northerly
24 along the Westerly boundary of Tract 35 a
25 distance of 679.9 feet more or less, to an iron
26 pin at the Northeast corner of said Tract 28;
27 thence Westerly along the North boundary of
28 Tract 28, a distance of 20.00 feet to the Point
29 of Beginning of land herein to be described;
30 thence continue Westerly along said Northerly
31 boundary of Tract 28 a distance of 100.00 feet
15
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1 to an iron pin; thence Southerly forming
2 included angle of 89°01'50", a distance of
3 340.21 feet to an iron pin; thence Easterly
4 forming an included angle of 90°50'18", a
5 distance of 100.00 feet; thence Northerly,
6 forming an included angle of 89°09'42", a
7 distance of 340 feet to the point of beginning;
8 and
9
10 5. The Southerly 164 feet of the Easterly 275
11 feet of the North 1/2 of the Southeast 1/4 of
12 the Northeast 1/4 lying West of and adjacent to
13 Seaboard Airline Railway right-of-way less the
14 South 15 feet of the West 175 foot road
15 right-of-way; and
16
17 6. The Easterly 275 feet of the North 156 feet
18 of the South 320 feet of the North 1/2 of the
19 Southeast 1/4 of the Northeast 1/4 lying West
20 of and parallel to Seaboard Airline Railway
21 right-of-way; and
22
23 7. The North 200 feet of the South 320 feet of
24 the West 65 feet of the East 400 feet of the
25 North 1/2 of the Southeast 1/4 of the Northeast
26 1/4 lying west of and parallel to Seaboard
27 Airline Railway right-of-way; and
28
29 8. The North 100 feet of the South 120 feet of
30 the West 65 feet of the East 400 feet of the
31 North 1/2 of the Southeast 1/4 of the Northeast
16
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1 1/4 lying West of and parallel to Seaboard
2 Airline Railway right-of-way; and
3
4 9. The South 300 feet of the Northerly 2005
5 feet of the West 100 feet of that part of the
6 Northeast 1/4 lying East of a line 550 feet
7 West of the center line of the Seaboard Airline
8 Railway right-of-way; and
9
10 10. The Southerly 405 feet of the Northerly
11 2005 feet of the Northeast 1/4 lying East of
12 the East right-of-way line of Lake Worth
13 Drainage District E-4 Canal and West of a line
14 parallel to and 550 feet West of the center
15 line of the Seaboard Airline Railway
16 right-of-way (less Congress Avenue
17 right-of-way); and
18
19 11. The North 85 feet of the South 185 feet of
20 the West 500 feet of the East 620 feet of the
21 West 5/8 of the North 1/2 of the South 1/4 of
22 the Northeast 1/4 East of Congress Avenue.
23
24 All of the aforesaid property lying in Section
25 18, Township 46 South, Range 43 East, Palm
26 Beach County, Florida.
27
28 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
29
30 Commencing at the Southeast corner of Section
31 5, Township 45 South, Range 43 East, Palm Beach
17
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1 County, Florida, run thence along the South
2 Line of said Section 5, South 88°59'45" West
3 1307.62 feet to a point intersected by a
4 projection of the centerline of PAUL-MAR DRIVE
5 (formerly known as Baker's Island Access Road)
6 as shown on the plat of ISLAND ESTATES ADDITION
7 NO. 1, recorded in Plat Book 26, Page 95,
8 Public Records of Palm Beach County, Florida,
9 run thence along the centerline of said
10 PAUL-MAR DRIVE, North 19°40'45" West 212.0
11 feet; thence North 71°08'15" West 31.96 feet to
12 a pyramid monument on the westerly Right-of-Way
13 Line of said PAUL-MAR DRIVE and the POINT OF
14 BEGINNING.
15
16 FROM THE POINT OF BEGINNING, continue thence
17 North 71°08'15" West 410.04 feet to a pyramid
18 monument on the Easterly Right-of-Way Line of
19 Lake Worth Drainage District Canal E-4 and a
20 point on a curve concave to the West having a
21 radius of 810.0 feet; thence Southerly along
22 the arc of said curve and the Easterly
23 Right-of-Way line of said Canal 283.79 feet
24 through a central angle of 20°04'27" to
25 intersect the North Line of a Right-of-Way 80.0
26 feet wide known as HYPOLUXO ROAD; thence along
27 the North line of said HYPOLUXO ROAD South
28 87°21'15" East 472.5 feet to intersect the
29 Westerly Right-of-Way Line of the aforesaid
30 PAUL-MAR DRIVE at a point 40.0 feet North from
31 the South line of said Section 5; thence along
18
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Florida House of Representatives - 1998 HB 4505
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1 said Westerly Line of PAUL-MAR DRIVE, NORTH
2 19°40'45" West 181.24 feet to the POINT OF
3 BEGINNING.
4
5 Containing 2.144 Acres, more or less.
6
7 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
8
9 A portion of FLORIDA FRUIT LANDS COMPANY'S
10 SUBDIVISION NO. 2 of Section 25, Township 47
11 South, Range 41 East, according to the plat
12 thereof, as recorded in Plat Book 1, Page 102
13 of the Public Records of Palm Beach County,
14 Florida, and a portion of Section 26, Township
15 47 South, Range 41 East, more particularly
16 described as follows:
17
18 COMMENCE at the northeast corner of said
19 Section 25; thence South 87°08'00" West, along
20 the North boundary of said Section 65.25 feet;
21 thence South 00°52'29" East, along the West
22 right-of-way line of U.S. 441 (State Road 7),
23 as shown on Road Plat 1, Pages 35 through 41,
24 of said Public Records, 2777.12 feet to the
25 POINT OF BEGINNING; thence continue South
26 00°52'29" East, along said West right-of-way,
27 964.78 feet to a point on the right-of-way line
28 of Oriole Country Road, as described in
29 Right-of-Way Deed, recorded in Official Records
30 Book 2694, Page 497, of said Public Records;
31 thence South 88°55'19" West, along said
19
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1 right-of-way line, 99.00 feet; thence North
2 00°52'29" West, along a line 99.00 feet West of
3 and parallel with said West right-of-way line,
4 24.91 feet; thence South 44°01'25" West, 35.29
5 feet to a point on said right-of-way line of
6 Oriole Country Road; thence South 88°55'19"
7 West, along said right-of-way line, 6,335.42
8 feet, to a point on the East boundary of
9 BOUNDARY PLAT OF ORIOLE COUNTRY, as recorded in
10 Plat Book 32, Pages 175 through 180, inclusive
11 of said Public Records; thence North 01°15'11"
12 West, along said boundary 284.59 feet; thence
13 North 89°41'26" East, 1336.23 feet, thence
14 North 01°15'30" West, 331.59 feet; thence North
15 88°38'36" East, 1288.61 feet; thence South
16 01°02'58" East, 334.16 feet; thence North
17 88°45'27" East, along the North boundary of
18 Tract 35 of said FLORIDA FRUIT LANDS COMPANY'S
19 SUBDIVISION NO. 2, a distance of 1316.15 feet;
20 thence North 00°59'33" West, along a line 15.00
21 feet East of and parallel with the West
22 boundary of the southeast one-quarter (S.E.
23 1/4) of said Section 25, a distance of 334.52
24 feet; thence North 88°35'38" East, along the
25 North boundary of Tract 63 of said plat, 779.44
26 feet; thence North 00°59'33" West, 336.43 feet;
27 thence North 88°25'49" East, along a line 15.00
28 feet South of and parallel with the North
29 boundary of said southeast one-quarter (S.E.
30 1/4), 1,744.62 feet to the POINT OF BEGINNING.
31
20
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1 TOGETHER WITH:
2
3 A portion of said Section 26 bounded as
4 follows: on the North by the South
5 right-of-way line of said Oriole Country Road;
6 on the East by the East boundary of said
7 Section 26; on the South by a line 990.28 feet
8 North of and parallel with the South boundary
9 of said Section 26; and on the West by a line
10 335.00 feet West of and parallel with said East
11 boundary of Section 26.
12 Said lands lying in Palm Beach County, Florida,
13 containing 88.285 acres, more or less.
14
15 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
16
17 That part of the West 1/2 of the Northwest 1/4
18 of the Northeast 1/4 of the Southwest 1/4 of
19 Section 18, Township 46 South, Range 43 East,
20 lying North of the Northerly right of way line
21 of State Road No. 806 (Atlantic Avenue) as
22 shown on the State Road Right of Way Map, as
23 recorded in Plat Book 3 at Pages 24 thru 30, of
24 the Public Records of Palm Beach County,
25 Florida, said tract of land being more
26 particularly described as follows:
27
28 Begin at point 60.00 feet East of the West line
29 of the West 1/2 of the Northwest 1/4 of the
30 Northeast 1/4 of the Southeast 1/4 of said
31 Section 18 and the North line of the West 1/2
21
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1 of the Northwest 1/4 of the Northeast 1/4 of
2 the Southeast 1/4 of Section 18, Township 46
3 South, Range 43 East; thence run S. 89°47'46"
4 E. along the North line of the West 1/2 of the
5 Northwest 1/4 of the Northeast 1/4 of the
6 Southeast 1/4 of said Section 18 for 279.56
7 feet to the East line of the West 1/2 of the
8 Northwest 1/4 of the Northeast 1/4 of the
9 Southeast 1/4 of said Section 18; thence run S.
10 00°20'41" E. along said East line for 128.92
11 feet to an intersection with the Northerly
12 right of way line of State Road No. 806, said
13 point being situated on a circular curve
14 concave to the Southeast and having for its
15 elements a radius of 1963.08 feet and a central
16 angle of 09°33'04" and a chord bearing of S.
17 61°26'21" W.; thence run Southwesterly along
18 the arc of Road No. 806 for an arc distance of
19 273.35 feet to a point of reverse curvature of
20 a circular curve concave to the Northeast and
21 having for its elements a radius of 25.00 feet
22 and a central angle of 122°04'19"; thence run
23 Northwesterly along the arc of said curve for
24 an arc distance of 53.26 feet to a point of
25 tangency on the East right of way line of
26 Congress Avenue; thence run N. 00°28'41" W.
27 parallel to and 60.00 feet East of the West
28 line of the West 1/2 of the Northwest 1/4 of
29 the Northeast 1/4 of the Southeast 1/4 of said
30 Section 18, along the East right of way line of
31 Congress Ave. for 239.63 feet to the Point of
22
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1 Beginning. Said Land lying in the City of
2 Delray Beach, Palm Beach County, Florida.
3
4 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
5
6 THE SOUTH 1/2, OF THE SOUTHWEST 1/4, OF THE
7 NORTHWEST 1/4, OF THE NORTHEAST 1/4, LESS THAT
8 PORTION LYING WITHIN THE LIMITS OF THE EL RIO
9 CANAL RIGHT-OF-WAY; THE SOUTHEAST 1/4, OF THE
10 NORTHWEST 1/4, OF THE NORTHEAST 1/4; THE
11 SOUTHWEST 1/4, OF THE NORTHEAST 1/4, OF THE
12 NORTHEAST 1/4, LYING WEST OF THE FLORIDA EAST
13 COAST RAILWAY RIGHT-OF-WAY, AND THE NORTHEAST
14 1/4, OF THE SOUTHWEST 1/4, OF THE NORTHEAST
15 1/4, LYING WEST OF THE FLORIDA EAST COAST
16 RAILWAY RIGHT-OF-WAY, ALL LYING IN SECTION 31,
17 TOWNSHIP 47 SOUTH, RANGE 43 EAST, PALM BEACH
18 COUNTY, FLORIDA, AND LYING SOUTH OF AND
19 ADJACENT TO THE PLAT OF "ESTOVILLE", AS
20 RECORDED IN PLAT BOOK 34, PAGE 164, OF THE
21 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
22
23 SAID LANDS SITUATE IN THE CITY OF BOCA RATON,
24 PALM BEACH COUNTY, FLORIDA.
25
26 CONTAINING 26.45 ACRES, MORE OR LESS.
27
28 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
29
30 A portion of Section 6, Township 47 S., Range
31 43 E., together with a portion of Section 31,
23
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1 Township 46 S., Range 43 E., being more
2 particularly described as follows:
3
4 Commencing at the N.E. corner of said Section
5 6; thence South 89°54'06" West, along the North
6 line of said Section 6, a distance of 614.51
7 feet to the Point of Beginning said point being
8 on the West right-of-way line of the Seaboard
9 Coastline Railroad: thence South 00°10'37"
10 East, along said right-of-way a distance of
11 100.00 feet; thence South 89°54'06" West,
12 parallel with and 100.00 feet South of, as
13 measured at right angles to the North line of
14 said Section 6, a distance of 300.00 feet;
15 thence South 00°10'37" East, a distance of
16 300.00 feet; thence North 89°54'06" East, a
17 distance of 300.00 feet to the West
18 right-of-way of the Seaboard Coastline
19 Railroad; thence South 00°10'37" East, along
20 said right-of-way a distance of 1023.13' to a
21 point on the Northerly right-of-way line of
22 Clint Moore Road as recorded in Road Plat Book
23 4, Page 240 of the public records of Palm Beach
24 County, Florida; thence North 48°15'37" West, a
25 distance of 552.03 feet; thence North 53°15'52"
26 West, a distance of 428.49 feet; thence South
27 34°57'19" West, a distance of 41.71 feet to a
28 point on the arc of a circular curve concave to
29 the Southwest, whose radius point bears South
30 34°57'19" West, from the last described point;
31 thence Northerly and Westerly, along the arc of
24
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1 said curve, having a radius of 1969.86 feet, a
2 central angle of 19°55'05", an arc distance of
3 684.79 feet; the last four described courses
4 being coincident with said Northerly
5 right-of-way line of Clint Moore Road; thence
6 North 00°09'05" West, a distance of 543.21 feet
7 to a point on the North line of said Section 6;
8 thence South 89°54'06" West, along said Section
9 line a distance of 669.43 feet to the North
10 One-Quarter Corner of Section 6; thence
11 continue South 89°54'06" West, along the last
12 described course, a distance of 606.10 feet to
13 the East top of bank of the Lake Worth Drainage
14 District E-4 Canal as laid out and in use;
15 thence North 03°39'32" West, a distance of
16 228.12 feet; thence North 08°11'09" West, a
17 distance of 812.33 feet; thence North 01°38'02"
18 East, a distance of 287.91 feet; thence North
19 07°29'43" East, a distance of 740.15 feet to a
20 point on the Easterly right-of-way line of
21 Congress Avenue, as recorded in Road Plat Book
22 4, Page 143 of the Public Records of Palm Beach
23 County, Florida, the last four described
24 courses being coincident with the said East top
25 of Bank of Lake Worth Drainage District E-4
26 Canal; thence North 47°33'13" East, along said
27 Easterly right-of-way, a distance of 2229.95
28 feet to the point of curvature of a circular
29 curve concave to the Northwest; thence
30 Northerly along said right-of-way line of
31 Congress Avenue, along the arc of said curve,
25
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1 having a radius of 1969.86 feet, a central
2 angle of 13°51'51", an arc distance of 476.66
3 feet; thence South 89°56'10" East, a distance
4 of 727.76 feet to the aforesaid West
5 right-of-way line of Seaboard Coastline
6 Railroad; thence South 00°10'37" East, along
7 said right-of-way a distance of 3913.66 feet to
8 the Point of Beginning, together with the
9 following described Parcel.
10
11 A portion of Section 31, Township 46 South,
12 Range 43 East being more particularly described
13 as follows:
14
15 Commencing at the Southeast corner of said
16 Section 31; thence South 89°54'06" West, along
17 the South line of said Section 31, a distance
18 of 614.51 feet, to a point on the said West
19 right-of-way line of the Seaboard Coastline
20 Railroad; thence North 00°10'37" West, along
21 said right-of-way, a distance of 3913.66 feet;
22 thence North 09°56'10" West, a distance of
23 874.00 feet to a point on the arc of a circular
24 curve concave to the Northwest whose radius
25 point bears North 53°48'05" West, from the last
26 described point said point being on the
27 Westerly right-of-way line of said Congress
28 Avenue, said point being the Point of
29 Beginning; thence Southerly and Westerly, along
30 the arc of said curve, having a radius of
31 1849.86 feet, a central angle of 11°21'18", an
26
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1 arc distance of 366.61 feet to the point of
2 tangency; thence South 47°33'13" West, a
3 distance of 2103.69 feet to the East top of
4 bank of Lake Worth Drainage District E-4 Canal
5 as laid out and in use; the last two described
6 courses being coincident with the said Westerly
7 right-of-way line of Congress Avenue: Thence
8 North 05°30'35" East, a distance of 345.03
9 feet; thence North 01°12'47" West, a distance
10 of 1351.18 feet, the last two described courses
11 being coincident with said East top of bank of
12 Lake Worth Drainage District E-4 Canal; thence
13 South 89°56'10" East, a distance of 1792.14
14 feet to the Point of Beginning.
15
16 LESS and except the following described parcel:
17
18 Being a parcel of land in Section 31, Township
19 46 South, Range 43 East and being a portion of
20 Tract "A" according to the Plat of Boca
21 Commerce Center Phase I, as recorded in Plat
22 Book 46, Pages 44 - 46, of the Public Records
23 of Palm Beach County, Florida, and being more
24 particularly described as follows:
25
26 Begin at the Northeast corner of said Tract
27 "A", said Northeast corner also being the
28 Northeast corner of said Boca Commerce Center
29 Phase I, run thence South 00°10'37" East, along
30 the Easterly line of Tract "A" and Boca
31 Commerce Center Phase I, a distance of 230.49
27
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1 feet, thence North 86°56'10" West, a distance
2 of 200.32 feet, thence South 00°10'37" East, a
3 distance of 20.03 feet to the south line and
4 its easterly extension, of the North 20'
5 maintenance easement located within said Tract
6 "A" thence North 86°56'10" West, along said
7 south line a distance of 332.00 feet, thence
8 South 47°33'13" West along said easement line a
9 distance of 151.27 feet, thence North 42°26'47"
10 West, along a nonradial line, a distance of
11 265.46 feet to an intersection with the
12 westerly right-of-way of Congress Avenue, said
13 right-of-way being a circular curve concave to
14 the Northwest having a radius of 1969.86 feet,
15 a central angle of 04°38'34", and whose radius
16 point bears North 51°40'04" West from said
17 intersection, thence along the arc of said
18 curve a distance of 159.62 feet to the
19 Northwest corner of said Tract "A" and Boca
20 Commerce Center Phase I, thence South 89°56'10"
21 East, along the North line of said Tract "A"
22 and Boca Commerce Center Phase I, a distance of
23 727.76 feet to the Point of Beginning.
24
25 Containing 4.2851 acres more or less
26
27 Said lands lying in the City of Boca Raton,
28 Palm Beach County, Florida.
29
30 together with:
31
28
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1 A portion of Section 6, Township 47 South,
2 Range 43 East being more particularly described
3 as follows:
4
5 Commencing at the Northeast corner of said
6 Section 6; thence South 89°54'06" West, along
7 the North line of said Section 6, a distance of
8 614.51 feet to a point on the said West
9 right-of-way line of Seaboard Coastline
10 Railroad; thence South 00°10'37" East, along
11 said right-of-way a distance of 1759.10 feet,
12 to a point on the Southerly right-of-way line
13 of said Clint Moore Road; and the Point of
14 Beginning; thence continue South 00°10'37" East
15 along the last described course a distance of
16 241.74 feet to the Point of Curvature of a
17 circular curve concave to the West; thence
18 Southerly and Westerly, along the arc of said
19 curve, along said Westerly right-of-way line,
20 having a radius of 3365.62 feet, a central
21 angle of 37°54'31", an arc distance of 2226.80
22 feet; thence North 00°25'10" East, a distance
23 of 1155.17 feet; thence South 89°49'16" West, a
24 distance of 696.92 feet; thence North 00°09'05"
25 West, a distance of 2247.67 feet to a point on
26 the arc of a circular curve concave to the
27 South, whose radius point bears South 16°02'55"
28 West, from the last described point, said point
29 also being on the said Southerly right-of-way
30 line of Clint Moore Road; thence Easterly and
31 Southerly, along the arc of said curve, having
29
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1 a radius of 1849.86 feet, a central angle of
2 18°54'24", an arc distance of 610.42 feet;
3 thence South 34°57'19" West, radial to the last
4 described curve a distance of 38.38 feet;
5 thence South 45°01'58" East, a distance of
6 247.52 feet; thence South 48°15'37" East, a
7 distance of 932.56 feet, to the Point of
8 Beginning, (the last four described courses
9 being coincident with the said Southerly
10 right-of-way line of Clint Moore Road).
11
12 Said lands situate, lying and being in Palm
13 Beach County, Florida.
14
15 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
16
17 A parcel of land situating in Section 25,
18 Township 47 South, Range 41 East, Palm Beach
19 County, Florida, being a portion of Lots 2
20 through 6 and Lots 11 through 15 and together
21 with the vacated former road right-of-way lying
22 to the west per resolution of vacation recorded
23 in Official Records Book 1841, Pages 1960
24 through 1963 of the Public Records of Palm
25 Beach County, Florida, as shown on the plat of
26 "Florida Fruitlands Company's Subdivision No.
27 2", as recorded in Plat Book 1, Page 102 of the
28 Public Records of Palm Beach County, Florida,
29 being more particularly described as follows:
30
31
30
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1 Commencing at the Northeast corner of the plat
2 of "Allegro", according to the plat thereof, as
3 recorded in Plat Book 60, Pages 3 through 7 of
4 the Public Records of Palm Beach County,
5 Florida, thence S 88°42'41" E along the
6 easterly projection of the north line of said
7 plat, a distance of 26.00 feet to the west line
8 of that 99.00 foot right-of-way parcel
9 described in that order of taking recorded in
10 Official Record Book 5165, Pages 1381 through
11 1383 of the Public Records of Palm Beach
12 County, Florida, and the point of beginning of
13 this description; thence N 00°33'18" W along
14 said west line, a distance of 1,216.21 feet;
15 thence S 89°56'55" W along the south line of
16 "Holiday City at Boca Raton", as recorded in
17 Plat Book 29, Page 192 of the Public Records of
18 Palm Beach County, Florida, a distance of
19 1,026.66 feet to the southwest corner of Lot 6,
20 Block 2 of "Holiday City at Boca Raton Section
21 2", as recorded in Plat Book 30, Page 118 of
22 the Public Records of Palm Beach County,
23 Florida; thence N 25°00'05" W, a distance of
24 73.49 feet; thence N 64°59'55" E, a distance of
25 100.00 feet; thence N 25°00'05" W, a distance
26 of 100.00 feet; thence S 64°59'55" W, a
27 distance of 100.00 feet; thence N 25°00'05" W,
28 a distance of 85.20 feet; thence S 87°26'20" W,
29 a distance of 33.99 feet; thence S 64°59'15" W
30 along the southerly line of said "Holiday City
31 at Boca Raton Section 2" and the southwesterly
31
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1 projection thereof, a distance of 1,400.03 feet
2 to an intersection with a line 15.00 feet west
3 of and parallel with, as measured at right
4 angles to the west line of Lots 11 through 14
5 of said "Florida Fruitlands Company's
6 Subdivision No. 2"; thence S 00°47'50" E along
7 said line, a distance of 911.13 feet; thence S
8 88°42'41" E along the north line of said
9 "Allegro" subdivision and the westerly
10 extension thereof, a distance of 2,438.39 feet
11 to the Point of Beginning.
12
13 Said lands situate in Palm Beach County,
14 Florida.
15
16 Containing 68.4963 acres, more or less.
17
18 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
19
20 The Southwest One Quarter (SW. 1/4) of the
21 Southwest One Quarter (SW 1/4) of the Southeast
22 One-Quarter (SE 1/4) of the Northeast
23 One-Quarter (NE 1/4) of Section 18, Township 46
24 South, Range 43 East, Palm Beach County,
25 Florida. Less and excepting therefrom, the West
26 60.00 feet thereof for road right of way for
27 Congress Avenue.
28
29 Containing 2.19 acres, more or less
30
31 TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS
32
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1
2 PARCEL "A"
3 LEGAL DESCRIPTION
4
5 A parcel being a portion of the Southwest
6 Quarter (SW 1/4) of the Southwest Quarter (SW
7 1/4) of the Southwest Quarter (SW 1/4) of
8 Section 4, Township 45 South, Range 43 East,
9 Palm Beach County, Florida. Said parcel of land
10 being more particularly described as follows:
11
12 From the Southwest corner of said Section 4 run
13 N 02°18'16" W along the West line of said
14 Section 4 a distance of 348.39 feet; thence S
15 89°50'23" E a distance of 40.03 feet to a point
16 on the Easterly right-of-way line of High Ridge
17 Road (80.00 feet wide) and POINT OF BEGINNING.
18 Continue thence S 89°50'23" E along the North
19 line of the South half of the Southwest Quarter
20 of the Southwest Quarter of the Southwest
21 Quarter of said Section 4, a distance of 223.50
22 feet; thence S 02°18'16" E parallel with said
23 Easterly right-of-way line of High Ridge Road a
24 distance of 293.60 feet; thence N 90°00'00" W
25 along the Northerly right-of-way line of
26 Hypoluxo Road (108 feet wide) a distance of
27 199.46 feet; thence N 46°09'08" W a distance of
28 34.64 feet; thence N 02°18'16" W along the
29 easterly right-of-way line of High Ridge Road a
30 distance of 270.21 feet to the POINT OF
31 BEGINNING.
33
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1
2 Containing 1.500 acres.
3
4 PARCEL "B"
5 LEGAL DESCRIPTION
6
7 A parcel being a portion of the Southwest
8 Quarter (SW 1/4) of the Southwest Quarter (SW
9 1/4) of the Southwest Quarter (SW 1/4) of
10 Section 4, Township 45 South, Range 43 East,
11 Palm Beach County, Florida. Said parcel of land
12 being more particularly described as follows:
13
14 From the Southwest corner of said Section 4 run
15 N 02°18'16" W along the West line of said
16 Section 4 a distance of 348.39 feet; thence S
17 89°50'23" E a distance of 40.03 feet to a point
18 on the easterly right-of-way line of High Ridge
19 Road (80.00 feet wide); continue thence S
20 89°50'23" E along the North line of the South
21 half of the Southwest Quarter of the Southwest
22 Quarter of the Southwest Quarter of said
23 Section 4, a distance of 223.50 feet to the
24 POINT OF BEGINNING; continue thence S 89°50'23"
25 E a distance of 418.14 feet; thence S 02°18'16"
26 E along the West line of the West half of the
27 East half of the Southwest Quarter (SW 1/4) of
28 the Southwest Quarter (SW 1/4) of said Section
29 4, a distance of 242.87 feet; thence S
30 57°40'43" W a distance of 53.34 feet; thence S
31 85°48'21" W along the Northerly right-of-way
34
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1 line of Hypoluxo Road (108 feet wide) a
2 distance of 287.05 feet; thence continuing
3 along said right-of-way line N 90°00'00" W a
4 distance of 84.61 feet; thence N 02°18'16" W a
5 distance of 293.60 feet to the POINT OF
6 BEGINNING.
7
8 Containing 2.703 acres more or less.
9
10 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
11
12 Lots 7 and 8, Plat of High Ridge Subdivision as
13 recorded in Plat Book 22, Page 6, Public
14 Records of Palm Beach County, Florida.
15
16 Containing 1.59 acres more or less.
17
18 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
19
20 A parcel of land in Tract 5, Block 4, Section
21 6, Plat No. 1, Sheet 1, PALM BEACH PLANTATIONS
22 as recorded in Plat Book 10, at Page 20, Public
23 Records of Palm Beach County, Florida lying and
24 being in Section 6, Township 44 South, Range 43
25 East and being more particularly described as
26 follows:
27
28 Commencing at the Northwest corner of said
29 Tract 5, said point also being on the
30 centerline of the 80 foot wide Davis Road
31 Right-of-Way; Thence South 88°35'21" East along
35
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1 the North line of said Tract 5, a distance of
2 40.00 feet to a point on the Easterly
3 Right-of-Way line of said Davis Road and the
4 POINT-OF-BEGINNING; Thence continue South
5 88°35'21" East along the North line of said
6 Tract 5, a distance of 535.56 feet; Thence
7 South 29°19'55" East, a distance of 94.73 feet
8 to a point on the Northerly Right-of-Way line
9 of the 80.00 feet wide Summit Boulevard; Thence
10 South 60°40'05" West along the Northerly
11 Right-of-Way line of Summit Boulevard, a
12 distance of 640.21 feet to a point of curvature
13 of circular curve concave Northeasterly; Thence
14 Southwesterly, Westerly, Northwesterly, and
15 Northerly along the arc of said circular curve
16 having a radius of 25 feet and a central angle
17 of 121°20'22", a distance of 52.94 feet to a
18 point on the Easterly Right-of-Way line of said
19 Davis Road, said point also being 40.00 feet
20 East of, as measured at right angles to, the
21 West line of said Tract 5; Thence North
22 02°00'27" East along the Easterly Right-of-Way
23 line of said Davis Road and along a line of
24 40.00 feet East of and parallel with, as
25 measured at right angles to, the West line of
26 said Tract 5, a distance of 386.96 feet to the
27 POINT-OF-BEGINNING.
28
29 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
30
31 Hillsboro Plaza I & II
36
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1 in Section 25, Township 47S, Range 41E
2 Palm Beach County, Florida.
3
4 Parcel F-1 as same is shown on Plat No. 1 Boca
5 Trails recorded in Plat Book 32, at page 126 &
6 127, Public Records of Palm Beach County,
7 Florida.
8
9 Together with a parcel of land described as
10 follows:
11
12 Commencing at the Southeast Corner of Section
13 25, Township 47 South, Range 41 East, Palm
14 Beach County, Florida, as surveyed by the State
15 of Florida in May and June 1912 and as shown on
16 the Right-of-Way Map of the Florida State Road
17 Department in their survey of State Road No. 7
18 in February 1941 as Project 5268; run (for
19 convenience the South line of said Section 25
20 is assumed to bear North 88°54'16" West and all
21 other bearings mentioned herein are relative
22 thereto) thence North 88°54'16" West along the
23 South line of said Section 25 a distance of
24 148.58 feet to the westerly Right-of-Way line
25 of State Road No. 7; thence North along said
26 Right-of-Way line a distance of 43.53 feet to
27 an angle point; thence North 0°28'33" East
28 continuing along said Right-of-Way line a
29 distance of 501.26 feet to a point in the North
30 Right-of-Way line of Sandalfoot Boulevard as
31 same is recorded in ORB 1848, Page 1615, Public
37
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1 Records of Palm Beach County, Florida, thence
2 North 89°04'09" West along said Right-of-Way of
3 Sandalfoot Boulevard 99.00 feet; thence North
4 00°28'33" East 200.00 feet to the Point of
5 Beginning and the Southeast corner of the
6 herein described parcel; thence continue North
7 00°28'33" East 294.43 feet; thence North
8 89°23'54" W 220.68 feet; thence South 00°28'33"
9 West 293.17 feet; thence South 89°04'09" East
10 220.68 feet, more or less, to the Point of
11 Beginning.
12
13 All comprising 3.27 acres more or less.
14
15 TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS
16
17 Parcels of land lying in Sections 14, 15 and
18 22, Township 47 South, Range 41 East, being
19 more particularly described as follows:
20
21 Tracts herein described as being in "Boundary
22 Plat of Oriole Country," as recorded in Plat
23 Book 32, Pages 175 thru 180, Public Records of
24 Palm Beach County, Florida.
25
26 All of Tract "Z-1", "Z-2", "Z-3", "Z-4", "Z-5",
27 "Z-6", "Z-7"
28
29 AND ALSO
30
31
38
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1 All of Tract 49 in Section 15, Township 47
2 South, Range 41 East, according to the plat of
3 Florida Fruitland Company's Subdivision No. 2
4 recorded in Plat Book 1, Page 102, Public
5 Records of Palm Beach County, Florida.
6
7 AND ALSO
8
9 Roads #1, #2, #3 and #4, more particularly
10 described as follows:
11
12 ROAD #1
13
14 A parcel of land 30 feet wide designated as
15 Road No. 1, as shown on drawing number
16 1-83-115D-2 at Sheet 2 of 4, said North
17 right-of-way line lying adjacent to the South
18 line of Tracts 31 and 30, in Section 15,
19 Township 47 South, Range 41 East, according to
20 the plat of Florida Fruitland Company's
21 Subdivision No. 2 as recorded in Plat Book 1,
22 Page 102, Public Records of Palm Beach County,
23 Florida, lying in Sections 15 and 22, Township
24 47 South, Range 41 East.
25
26 Terminating at the Southeasterly line
27 designated as Tract S-12B (also known as
28 University Expressway) as recorded on "Boundary
29 Plat of Oriole Country" recorded in Plat Book
30 32, Pages 175-180, Public Records of Palm Beach
31 County, Florida.
39
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1
2 Containing 0.99 acre
3
4 AND ALSO
5 Road #2
6
7 A parcel of land 30 feet wide designated as
8 Road #2 as shown on drawing number 1-83-115D-2
9 Sheet 2 and 3 of 4, being a part of Florida
10 Fruitland Company's Subdivision No. 2 as
11 recorded in Plat Book 1, Page 102, Public
12 Records of Palm Beach County, Florida, lying in
13 Section 15, Township 47 South, Range 41 East,
14 and being more particularly described as
15 follows:
16
17 Bounded on the North by the South lines of
18 Tracts 8, 9, and 20. Bounded on the South by
19 the North line of Tracts 39, 54 and 23; of said
20 Florida Fruitland Company's Subdivision #2.
21 Bounded on the West by the Northeasterly
22 right-of-way line of Central and Southern
23 Florida Flood Control District Levee L-40.
24
25 Containing 2.56 acres, more or less.
26
27 AND ALSO
28 Road #3
29
30 A parcel of land 30 feet wide designated as
31 Road No. 3, as shown on drawing number
40
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1 1-83-115D-2 Sheet 2 of 4 and being more
2 particularly described as follows:
3
4 Bounded on the South by the Northwesterly line
5 of Tract S-12B-(Also known as University
6 Expressway) as recorded on "Boundary Plat of
7 Oriole Country" recorded in Plat Book 32, Pages
8 175-180, Public Records of Palm Beach County,
9 Florida.
10
11 Bounded on the West by the East line of Tracts
12 30, 29, 28, 27, 26, 25, 24, 23, and Tracts 20,
13 19 and 18, Florida Fruitland Company's
14 Subdivision No. 2 as recorded in Plat Book 1,
15 Page 102, Public Records of Palm Beach County,
16 Florida.
17
18 Bounded on the North by the Southeasterly
19 right-of-way line of Central and Southern
20 Florida Flood Control District Levee L-40.
21
22 Bounded on the East by the West lines of Tracts
23 13, 12, 11, 10, 9 and 54, 53, 52, 51, 50, 49,
24 48, and 47, Florida Fruitland Company's
25 Subdivision No. 2 as recorded in Plat Book 1,
26 Page 102, Public Records of Palm Beach County,
27 Florida.
28
29 All lying and being in Section 15, Township 47
30 South, Range 41 East.
31
41
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1 Containing 2.80 acres, more or less.
2
3 AND ALSO
4 Road #4
5 A parcel of land 30 feet wide designated as
6 Road No. 4 on drawing number 1-83-115D-2 Sheet
7 No. 3 of 4, lying in Sections 14 & 15, Township
8 47 South, Range 41 East, and being more
9 particularly described as follows:
10
11 Bounded on the East tract "Z-1", boundary plat
12 of Oriole Country as recorded in Plat Book 32,
13 Pages 175 - 180, Public Records of Palm Beach
14 County, Florida.
15
16 Bounded on the West by Tracts 1, 2, 3, 4, 5, 6,
17 7, 8, 39, 40, 41, and 42, Florida Fruitland
18 Company's Subdivision No. 2, as recorded in
19 Plat Book 1, Page 102, Public Records of Palm
20 Beach County, Florida.
21
22 Terminating at the intersections of the North
23 lines of Tract 1, said Florida Fruitland
24 Company's Subdivision No. 2, as recorded in
25 Plat Book 1, Page 102, and said Tract "Z-1"
26 boundary plat of Oriole Country, as recorded in
27 Plat Book 32, Pages 175 - 180, Public Records
28 of Palm Beach County, Florida.
29
30 Containing 2.54 acres, more or less.
31
42
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1 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
2
3 Lot 16, Block 43, and a portion of Blocks 44
4 and 52, and a portion of the road rights-of-way
5 and alley rights-of-way adjacent thereto, map
6 of the Town of Linton, Florida, according to
7 the plat thereof recorded in Plat Book 1 at
8 Page 3 of the Public Records of Palm Beach
9 County, Florida and being more particularly
10 described as follows:
11
12 Begin at the Southwest corner of Lot 8, Block
13 43, map of the Town of Linton, Florida,
14 according to the plat thereof recorded in Plat
15 Book 1 at Page 3 of the Public Records of Palm
16 Beach County, Florida and run on an assumed
17 bearing of S89°37'45" E along the North
18 right-of-way line of N.W. 1st Street, said line
19 being coincident with the South line of Block
20 43 of said plat, map of the Town of Linton,
21 Florida, for a distance of 135.62 feet; thence
22 N 00°29'59" W along the East line of said Lot
23 8, Block 43 for 76.50 feet; thence S 89°37'45"
24 E along the easterly extension of the North
25 line of said Lot 8, Block 43 and the North line
26 of said Lot 16, Block 43 for 151.65 feet;
27 thence S 00°29'59" E along the East line of
28 said Lot 16, Block 43 for 76.50 feet; thence S
29 89°37'45" E along the Easterly extension of the
30 North right-of-way line of N.W. 1st Street and
31 that portion of the North right-of-way line of
43
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1 N.W. 1st Street abandoned by the City of Delray
2 Beach according to Resolution No. 1225 Recorded
3 in Official Records Book 475 at Page 285 of the
4 Public Records of Palm Beach County, Florida,
5 for 154.13 feet; thence S 00°14'24" W for 28.87
6 feet; thence S 89°45'36" E for 55.46 feet;
7 thence N 00°14'24" E for 28.75 feet; thence S
8 89°37'45" E along said North right-of-way line
9 of that portion of road right-of-way of N.W.
10 1st Street abandoned by the City of Delray
11 Beach according to Resolution No. 1225 recorded
12 in Official Records Book 475 at Page 285 of the
13 Public Records of Palm Beach County, Florida
14 for a distance of 127.46 feet; thence S
15 00°28'54" E along the West right-of-way line of
16 N.W. 1st Avenue being coincident with the East
17 line of said Block 52 for a distance of 609.12
18 feet to a point of curvature; thence Southerly,
19 Southwesterly and Westerly along a circular
20 curve to the right and concave to the
21 Northwest, having a radius of 25.00 feet and a
22 central angle of 90°51'30" for an arc distance
23 of 39.64 feet to a point of tangency; thence N
24 89°37'24"W along the North right-of-way line of
25 Atlantic Avenue, being a 106 foot right-of-way
26 according to the Florida Department of
27 Transportation Right-of-Way Map, for Section
28 No. 93550-2601, for a distance of 574.29 feet
29 to a point of curvature; thence Westerly,
30 Northwesterly and Northerly along a circular
31 curve to the right and concave to the Northeast
44
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1 having a radius of 25.00 feet and a central
2 angle of 89°08'23" for an arc distance of 38.89
3 feet to a point of tangency; thence N 00°29'02"
4 W along the West line of said Block 44, being
5 coincident with the East right-of-way line of
6 N.W. 3rd Avenue for 609.80 feet to the POINT OF
7 BEGINNING.
8
9 Said lands situate within the City of Delray
10 Beach, Palm Beach County, Florida.
11
12 Containing 9.32 acres more or less.
13
14 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
15
16 Lots 80, 81 and 82 inclusive, as shown on the
17 Plat of P.C.D. Center, as recorded in Plat Book
18 60, Pages 106 and 107, of the official records
19 of Palm Beach County, Florida.
20
21 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
22
23 E-4 (South Parcel)
24
25 Beginning at the Southeast corner of Section 5,
26 Township 45 South, Range 43 East, Palm Beach
27 County, Florida, thence running Westerly along
28 South line of said section for a distance of
29 1307.58 feet to a point which is the
30 intersection of the projection of the center
31 line of Baker Road; thence continuing Westerly
45
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1 along said south line of said Section 5 for a
2 distance of 188.04 feet to the Meander Corner;
3 thence Northeasterly at an angle of 68°08'
4 turned East to North, for a distance of 35.44
5 feet along the meander line to a point (said
6 point being also the Southeast Corner of the
7 Samuel Goldberg property); thence continuing
8 Northeasterly along said meander line for a
9 distance of 187.17 feet to the Meander Corner
10 and the Point of Beginning (said corner being
11 also the Northeast Corner of said Samuel
12 Goldberg property); thence continuing
13 Northwesterly at an angle of 139°27'30" turned
14 from South through West to North, for a
15 distance of 351.43 feet along West right of way
16 of Baker Road; thence Northwesterly at an angle
17 of 128°32'30" turned from South through West to
18 North, for a distance of approximately 365 feet
19 to the edge of the waters of Lake Osborne;
20 thence Southerly, meandering along said edge of
21 the waters of Lake Osborne to the Meander Line
22 (said line being also the Northern boundary of
23 said Samuel Goldberg property); thence
24 Southeasterly along said Meander Line for a
25 distance of approximately 420 feet to the
26 aforementioned Meander Corner (which corner is
27 the Northeast corner of said Samuel Goldberg
28 property) and the Point of Beginning.
29
30 THE FOLLOWING LANDS NOT INCLUDED IN THE ABOVE
31 DESCRIPTION:
46
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1
2 Tract 32, Section 13, Township 47 South, Range
3 41 East, according to the Plat of Florida
4 Fruitlands Subdivision, as recorded in Plat
5 Book 1, page 102, of the Public Records of Palm
6 Beach County, Florida;
7
8 AND ALSO
9
10 The East One-half (E 1/2) of the East One-half
11 (E 1/2) of the Northwest One-quarter (NW 1/4)
12 AND the Northeast One-quarter (NE 1/4) AND the
13 East Three-quarters (E 3/4) of the East
14 One-half (E 1/2) of the Southeast One-quarter
15 (SE 1/4), all in Section 1, Township 47 South,
16 Range 42 East, LESS the following described
17 parcels "A" and "B":
18
19 PARCEL "A":
20
21 Beginning at the Southeast Corner of the
22 aforementioned Section 1; thence with a bearing
23 of North 88°35'00" West along the South line of
24 Section 1, a distance of 997.0 feet to a point;
25 thence with a bearing of North 00°23'59" East a
26 distance of 2,784.14 feet to a point; thence
27 with a bearing of North 89°06'10" West a
28 distance of 2,335.88 feet to a point; thence
29 with a bearing of North 00°11'25" East a
30 distance of 2,176.02 feet to a point on the
31 South Right-of-Way line of Clintmoore Road;
47
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1 thence with a bearing of South 89°29'00" East
2 along the South Right-of-Way line of Clintmoore
3 Road a distance of 1,339.3 feet to a point;
4 thence with a bearing of South 00°18'41" West a
5 distance of 447.43 feet to a point; thence with
6 a bearing of South 89°20'28" East a distance of
7 669.2 feet to a point; thence with a bearing of
8 North 00°22'13" East a distance of 449.09 feet
9 to a point on the South Right-of-Way line of
10 Clintmoore Road; thence with a bearing of South
11 89°29'00" East along the South Right-of-Way
12 line of Clintmoore Road a distance of 1,004.5
13 feet to a point; thence with a bearing of South
14 00°27'30" West a distance of 1,498.16 feet to a
15 point; thence with a bearing of South 89°11'52"
16 East a distance of 334.08 feet to a point on
17 the East line of Section 1; thence with a
18 bearing of South 00°29'15" West along the East
19 line of Section 1 a distance of 3,491.36 feet
20 more or less to the POINT OF BEGINNING.
21
22 PARCEL "B":
23
24 Lot 23, Block 3, South Congress Industrial
25 Center, according to the Plat thereof as
26 recorded in Plat Book 33, pages 45-46, of the
27 Public Records of Palm Beach County, Florida.
28
29 LESS AND EXCEPTING LAND DESCRIBED AS FOLLOWS:
30
31
48
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1 All of Sections 3 and 4, Township 45 South,
2 Range 41 East, Palm Beach County, Florida lying
3 Northeast of Government Levee L-40; and a
4 parcel of land in Township 44 1/2 South, Range
5 41 East, Palm Beach County, Florida being bound
6 on the North by the South line of Section 33,
7 Township 44 South, Range 41 East; bound on the
8 South by the North Line of Section 4, Township
9 45 South, Range 41 East; bound on the East by a
10 line between the Southeast corner of said
11 Section 33, Township 44 South, Range 41 East
12 and the Northeast corner of said Section 4,
13 Township 45 South, Range 41 East; and bound on
14 the West by Government Levee L-40 right-of-way;
15 and a parcel of land in Township 44 1/2 South,
16 Range 41 East, Palm Beach County, Florida being
17 bound on the North by the South line of Section
18 34, Township 44 South, Range 41 East; bound on
19 the South by the North line of Section 3,
20 Township 45 South, Range 41 East; bound on the
21 East by a line between the Southeast corner of
22 said Section 34, Township 44 South, Range 41
23 East and the Northeast corner of said Section
24 3, Township 45 South, Range 41 East; and bound
25 on the West by a line between the southwest
26 corner of said Section 34, Township 44 South,
27 Range 41 East and the Northwest corner of said
28 Section 3, Township 45 South, Range 41 East,
29
30 which are excluded and deleted from the
31 territorial boundaries of the District.
49
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1
2 AND ALSO less and excepting land described as
3 follows:
4
5 A portion of Tracts 29, 30, and 31, Block 26,
6 and the 25.00 foot wide road right-of-way lying
7 West of said Tract 29 and South of said Tracts
8 29, 30, and 31, "THE PALM BEACH FARMS COMPANY
9 PLAT NO. 3," all as recorded in Plat Book 2,
10 Pages 45 through 54 of the Public Records of
11 Palm Beach County, Florida, and a portion of
12 Section 24, Township 44 South, Range 41 East,
13 Palm Beach County, Florida, being more
14 particularly described as follows:
15
16 COMMENCING at the Northeast corner of "WYCLIFFE
17 PLAT TWO," as recorded in Plat Book 66, Pages
18 31 through 35 of the Public Records of Palm
19 Beach County, Florida; thence N 01°42'33" E, a
20 distance of 75.00 feet to a point of
21 intersection with the North right-of-way line
22 for that 75.00 foot wide Acme Improvement
23 District right-of-way, as recorded in Deed Book
24 1081, Page 623 and the POINT OF BEGINNING;
25 thence N 88°02'58" W along said North
26 right-of-way line, a distance of 1568.95 feet
27 to the South one-quarter (S 1/4) corner of said
28 Section 24; thence N 89°07'32" N, continuing
29 along said North right-of-way line and the
30 South line of the Southwest one-quarter (SW
31 1/4) of said Section 24, a distance of 2588.74
50
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1 feet to the Southwest corner of said Section
2 24; thence N 00°33'34" W along the West line of
3 the Southwest one-quarter (SW 1/4) of said
4 Section 24, a distance of 998.73 feet; thence N
5 89°59'50" E, a distance of 1874.92 feet to a
6 point of intersection with a nontangent curve;
7 thence Southerly along the arc of a curve to
8 the left whose radius point bears N 76°34'40"
9 E, having a radius of 905.00 feet, a central
10 angle of 60°27'45", an arc distance of 955.02
11 feet to the point of intersection with a
12 nontangent line; thence S 06°49'34" W, a
13 distance of 131.05 feet to a point of
14 intersection with a nontangent curve; thence
15 Easterly along the arc of a curve to the left
16 whose radius point bears N 08°04'19" E, having
17 a radius of 900.00 feet, a central angle of
18 13°09'27", an arc distance of 206.68 feet to a
19 point of tangency; thence N 84°54'52" E, a
20 distance of 261.82 feet to a point of
21 curvature; thence Easterly along the arc of a
22 curve to the right, having a radius of 2100.00
23 feet, a central angle of 12°11'32", an arc
24 distance of 446.87 feet to a point of tangency;
25 thence S 82°53'36" E, a distance of 448.25 feet
26 to a point of curvature; thence Easterly along
27 the arc of a curve to the left, having a radius
28 of 1400.00 feet, a central angle of 04°52'55",
29 an arc distance of 119.29 feet to a point of
30 intersection with a nontangent curve; thence
31 Northeasterly along the arc of a curve to the
51
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1 right whose radius point bears S 53°48'33" E,
2 having a radius of 128.00 feet, a central angle
3 of 55°31'16", an arc distance of 124.04 feet to
4 a point of tangency; thence S 00°17'27" E, a
5 distance of 103.00 feet to a point of
6 intersection with the Northerly projection of
7 the East line of said "WYCLIFFE PLAT TWO";
8 thence S 01°42'33" W along said Northerly
9 projection, a distance of 296.44 feet to the
10 POINT OF BEGINNING.
11
12 Said parcel of land consists of 62.202 acres
13 land, more or less.
14
15 In addition, the following lands are excluded
16 and deleted from the territorial boundaries of
17 the district:
18
19 Beginning at the Northwest corner of the
20 subdivision of Suburban Homes as in Plat Book
21 16, page 94, as recorded in the office of the
22 Clerk of the Circuit Court of Palm Beach
23 County; thence Southeasterly along the
24 northerly right-of-way line of West Palm Beach
25 Canal (C-51) to intersection of said
26 right-of-way with East line of Section 5,
27 Township 44 South, Range 43 East; thence North
28 along East line of said Section to Northeast
29 corner of said Section 5; thence West along
30 North line of said Section 5 to point of
31 beginning.
52
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1
2 All lying and being in Section 5, Township 44
3 South, Range 43 East, Palm Beach County,
4 Florida.
5
6 And also excluded is land described as follows:
7
8 A portion of land in Section 12, Township 44
9 South, Range 41 East, Palm Beach County,
10 Florida, being more particularly described as
11 follows:
12
13 The Southwest One-Quarter (SW 1/4) of said
14 Section 12, less the southerly 173 feet thereof
15 and less the easterly 40 feet thereof.
16
17 TOGETHER WITH:
18
19 All that part of Tracts 22 through 27,
20 inclusive, of Block 18, Palm Beach Farms
21 Company Plat No. 3, as recorded in Plat Book 2,
22 pages 45 through 54, inclusive, Public Records
23 of Palm Beach County, Florida, being bounded on
24 the south by the northerly right-of-way line of
25 Forest Hill Boulevard as recorded in Official
26 Records Book 2198, pages 1200 and 1201 of said
27 public records, and being bounded on the east
28 by a line 335.91 feet west of and parallel with
29 the east line of said Tracts 22 and 27, Block
30 18, and being bounded on the north by a line 80
31 feet south of and parallel with the north line
53
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1 of said Tracts 22, 23, and 24, Block 18, and
2 being bounded on the west by the west line of
3 said Tracts 24 and 25, Block 18.
4
5 TOGETHER WITH:
6
7 A strip of land lying in the South One-Half (S
8 1/2) of Section 12, Township 44 South, Range 41
9 East, more particularly described as follows:
10
11 Bounded on the east by the west line of Tracts
12 24 and 25, Block 18, Palm Beach Farms Company
13 Plat No. 3, as recorded in Plat Book 2, pages
14 45 through 54 inclusive, Public Records of Palm
15 Beach County, Florida, and being bounded on the
16 west by a line 40 feet west of and parallel
17 with said east line of said Southwest
18 One-Quarter (SW 1/4) and being bounded on the
19 south by a line 173 feet north of and parallel
20 with the south line of said Southeast
21 One-Quarter (SE 1/4), said line also being the
22 northerly right-of-way line of Forest Hill
23 Boulevard as recorded in Official Records Book
24 2198, pages 1200 and 1201 of said public
25 records and being bounded on the north by the
26 westerly extension of a line 80 feet south of
27 and parallel with the north line of said Tract
28 24;
29
30 TOGETHER WITH:
31
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1 That certain portion of Forest Hill Boulevard
2 right-of-way being bounded on the east by the
3 east line of said Tract 27, Block 18, and being
4 bounded on the west by the west line of said
5 Section 12 as described in said Official
6 Records Book 2198, pages 1200 and 1201;
7
8 Said lands situate in Palm Beach County,
9 Florida, containing 195.97 acres more or less.
10
11 All of the above described lands lying and
12 being in Palm Beach County, Florida.
13
14 Section 2. Provisions of chapter 298, Florida
15 Statutes, made applicable.--The Lake Worth Drainage District
16 hereby created shall be a public corporation of this state.
17 The provisions of the general drainage laws of Florida
18 applicable to drainage districts or subdrainage districts
19 which are embodied in chapter 298, Florida Statutes, and all
20 of the laws amendatory thereto, now existing or hereafter
21 enacted, so far as not inconsistent with this act, are hereby
22 declared to be applicable to said Lake Worth Drainage
23 District. Said Lake Worth Drainage District shall have all of
24 the powers and authorities mentioned in or conferred by said
25 chapter 298, Florida Statutes, and acts amendatory thereto,
26 except as herein otherwise provided.
27 Section 3. Powers of district.--The district shall
28 have the power to sue and be sued by its name in any court of
29 law or in equity; to make contracts; to adopt and use a
30 corporate seal and to alter the same at pleasure; to acquire
31 by purchase, gift, or condemnation real and personal property,
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1 either or both, within or without the district, and to convey
2 and dispose of such real and personal property, either or
3 both, as may be necessary or convenient to carry out the
4 purposes, or any of the purposes, of this act and chapter 298,
5 Florida Statutes; to construct, operate, renovate, and
6 maintain canals, ditches, drains, levees, and other works for
7 drainage and irrigation purposes; to acquire, purchase,
8 operate, and maintain pumps, plants, and pumping systems for
9 drainage and irrigation purposes; to construct, operate, and
10 maintain all types of irrigation works, machinery, and plants;
11 to construct, improve, and maintain roadways and roads
12 necessary and convenient for the exercise of the powers and
13 duties, or any of the powers or duties, of the district or the
14 supervisors thereof; to borrow money and issue negotiable or
15 other bonds of the district as hereinafter provided; to borrow
16 money from time to time and issue negotiable or other notes of
17 the district therefor, bearing interest at a rate not
18 exceeding the maximum rate allowed by general law for public
19 bodies, agencies, and political subdivisions as provided in s.
20 215.84, Florida Statutes, in anticipation of collection of
21 taxes, levies, and assessments or revenues of the district,
22 and to pledge or hypothecate such taxes, levies, assessments,
23 and revenues to secure such bonds, notes, or obligations, and
24 to sell, discount, negotiate, and dispose of the same; and to
25 exercise all other powers necessary, convenient, or proper in
26 connection with any of the powers or duties of the district
27 stated in this act. The powers and duties of the district
28 shall be exercised by and through a board of supervisors,
29 which shall have the authority to employ engineers, attorneys,
30 agents, employees, and representatives as the board may from
31
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1 time to time determine, and to fix their compensation and
2 duties.
3 Section 4. Board of supervisors; elections.--
4 (1) BOARD OF SUPERVISORS, APPOINTMENTS, ELECTIONS,
5 POWERS, DUTIES, AND TERMS OF OFFICE.--There is hereby created
6 a Board of Supervisors of the Lake Worth Drainage District,
7 which shall be the governing body of the district. The board
8 of supervisors shall consist of three persons. Each candidate
9 to be qualified for the office of supervisor shall be either
10 himself or herself a landowner or he or she shall be the
11 president of a corporate landowner, and all of the qualified
12 voters of the entire district shall be allowed to vote for the
13 election of all of the supervisors to be elected. All
14 supervisors shall hold office for a term of 3 years and until
15 their successors are duly elected and qualified.
16 (a) Hereafter, on the first Wednesday after the 3rd of
17 October, a qualified supervisor shall be elected for a term of
18 3 years in rotation, by the landowners of the district, to
19 take the place of the retiring supervisor.
20 (b) In case of a vacancy in the office of any
21 supervisor, the remaining supervisors shall within 60 days
22 fill such vacancy by appointment for the unexpired term.
23 (c) All vacancies or expirations on the board of
24 supervisors shall be filled as required by this subsection.
25 All supervisors shall hold office until their successors have
26 been elected and qualified.
27 (d) Whenever an election is authorized or required by
28 this subsection to be held by the landowners at any particular
29 or stated time of day, and if, for any reason, such election
30 is not or cannot be held at such time or on such day, then in
31 such event and in all and every such event the power or duty
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1 to hold such election shall not cease or lapse, but such
2 election shall be held thereafter as soon as practicable and
3 consistent with this subsection.
4 (2) SINGLE-MEMBER SUBDISTRICT ELECTIONS; SUBDISTRICT
5 BOUNDARIES.--
6 (a) Definitions.--As used in this subsection, the
7 term:
8 1. "Board" means the Board of Supervisors of the Lake
9 Worth Drainage District.
10 2. "District" means the Lake Worth Drainage District.
11 3. "Qualified elector" means any person at least 18
12 years of age who is a citizen of the United States, a
13 permanent resident of Florida, and a freeholder, freeholder's
14 spouse, or authorized representative of a legal entity holding
15 title to land in the district. Presidents or other indicated
16 officers or agents may represent corporations or other legal
17 entities, guardians may represent their wards, and executors
18 and administrators may represent the estates of deceased
19 persons and be qualified to represent the corporate landowner
20 and hold the office of supervisor.
21 (b) Single-member subdistrict elections.--
22 1. Petition.--A referendum shall be called by the
23 board of supervisors of the district on the question of
24 whether members of the board should be elected on a
25 single-member subdistrict basis, provided a petition signed by
26 10 percent or more of the qualified electors of the district
27 is filed with the board requesting a referendum on adoption of
28 the election procedures set forth in this subsection.
29 2. Referendum.--Upon verification by the Supervisor of
30 Elections of Palm Beach County that 10 percent of the
31 qualified electors of the district have petitioned the board
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1 of supervisors, a referendum election shall be called by the
2 board at the next regularly scheduled election or within 6
3 months after verification, whichever is earlier.
4 3. Disapproval of referendum.--If the qualified
5 electors of the district disapprove the election procedures
6 described in this subsection, elections of the members of the
7 board shall continue as described in subsection (1) and s.
8 298.12, Florida Statutes. No further referendum on the
9 question shall be held for a minimum of 2 years.
10 4. Approval of referendum; single-member subdistrict
11 elections.--
12 a. Increase in board size.--If the qualified electors
13 approve the election procedure described in this subsection,
14 the board of supervisors of the district shall be increased to
15 five members and elections shall be held pursuant to the
16 criteria described in this subparagraph beginning with the
17 next regularly scheduled election of the board.
18 b. Single-member subdistrict elections.--If the
19 election process described in this subparagraph is approved by
20 the qualified electors of the district, members of the board
21 of supervisors shall be elected from five single-member
22 subdistricts, the boundaries of which are set forth in
23 paragraph (c). Only those qualified electors owning property
24 or representing property in a subdistrict may cast votes for
25 candidates for the subdistrict. However, an owner or
26 representative may only cast votes in a subdistrict election
27 equal to the acreage owned within the subdistrict. Each acre,
28 or fraction thereof, of land in the district shall represent
29 one vote, and each owner shall be entitled to one vote, in
30 person or by proxy, for every acre, or fraction thereof, of
31 land owned within the district. The subdistrict candidate
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1 receiving the greatest number of votes shall be the supervisor
2 from that subdistrict.
3 c. Term of office.--All board members shall have a
4 term of 4 years except the board members elected at the first
5 election following the referendum prescribed in subparagraph
6 2. With respect to the members initially elected, the three
7 candidates receiving the greatest number of votes from
8 subdistricts 1, 2, and 3 shall be elected for a period of 4
9 years, and the two candidates receiving the greatest number of
10 votes from subdistricts 4 and 5 shall be elected for a period
11 of 2 years. Subsequent elections shall be held to elect
12 members of the board during the same month as the first
13 election in years when any board member's term will expire.
14 d. Qualifications.--Elections for board members shall
15 be nonpartisan. Qualification shall occur during the
16 qualifying period established by s. 99.061, Florida Statutes.
17 Each candidate to be qualified for the office of supervisor
18 shall be a qualified elector of the district.
19 e. Vacancies.--If any vacancy occurs in a seat
20 occupied by a governing board member, the remaining members of
21 the board shall, within 45 days after receipt of a
22 resignation, appoint a person who would eligible to hold the
23 office for the unexpired term of the resigning member.
24 (c) Boundaries of single-member subdistricts.--If the
25 referendum called by the board of supervisors on the question
26 of whether the board should be elected on a single-member
27 subdistrict basis is approved, the district shall be divided
28 for the purposes of electing members to the board upon the
29 following territorial boundaries:
30
31 1. The boundary lines of subdistrict 1 shall be:
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1 All that part of the JURISDICTIONAL LIMITS OF
2 THE LAKE WORTH DRAINAGE DISTRICT lying westerly
3 of the centerline of FLORIDA'S TURNPIKE and
4 lying northerly of the South lines of BLOCKS 59
5 and 60, PALM BEACH FARMS CO. PLAT NO. 3, as
6 same is recorded in Plat Book 2 at pages 45
7 through 54, Public Records of Palm Beach
8 County, Florida, and northerly of the South
9 line of Township 45 South, Range 41 East, all
10 in Palm Beach County, Florida.
11
12 2. The boundary lines of subdistrict 2 shall be:
13 All that part of the JURISDICTIONAL LIMITS OF
14 THE LAKE WORTH DRAINAGE DISTRICT lying westerly
15 of the centerline of FLORIDA'S TURNPIKE and
16 lying southerly of the North lines of BLOCKS 62
17 and 63, PALM BEACH FARMS CO. PLAT NO. 3, as
18 same is recorded in Plat Book 2 at pages 45
19 through 54, Public Records of Palm Beach
20 County, Florida, and southerly of the North
21 line of Township 46 South, Range 41 East, all
22 in Palm Beach County, Florida.
23
24 3. The boundary lines of subdistrict 3 shall be:
25 All that part of the JURISDICTIONAL LIMITS OF
26 THE LAKE WORTH DRAINAGE DISTRICT lying easterly
27 of the centerline of FLORIDA'S TURNPIKE and
28 lying northerly of the South line of Township
29 44 South, Range 42 East, and northerly of the
30 South line of Township 44 South, Range 43 East,
31 all in Palm Beach County, Florida.
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1
2 4. The boundary lines of subdistrict 4 shall be:
3 All that part of the JURISDICTIONAL LIMITS OF
4 THE LAKE WORTH DRAINAGE DISTRICT lying easterly
5 of the centerline of FLORIDA'S TURNPIKE and
6 lying southerly of the North line of Township
7 44 1/2 South, Range 42 East, and southerly of
8 the North line of Township 44 1/2 South, Range
9 43 East, and lying northerly of the centerline
10 of DELRAY WEST ROAD (State Road 806), all in
11 Palm Beach County, Florida.
12
13 5. The boundary lines of subdistrict 5 shall be:
14 All that part of the JURISDICTIONAL LIMITS OF
15 THE LAKE WORTH DRAINAGE DISTRICT lying easterly
16 of the centerline of FLORIDA'S TURNPIKE and
17 lying southerly of the centerline of DELRAY
18 WEST ROAD (State Road 806), all in Palm Beach
19 County, Florida.
20
21 Section 5. Regular and special meetings of board of
22 supervisors.--The Board of Supervisors of the Lake Worth
23 Drainage District shall meet monthly at such date, time, and
24 place as the board may from time to time designate and until a
25 contrary designation is made by the board. The monthly meeting
26 shall be held on the first Wednesday after the 10th day of
27 each month at 9 a.m., at the general offices of the Lake Worth
28 Drainage District. A vote of a majority of the board may waive
29 the necessity of any regular monthly meeting. Special meetings
30 of the board shall be held at any time upon the call of the
31 president.
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1 Section 6. Compensation of board of supervisors.--Each
2 supervisor shall be paid for his services $150 for each day
3 actually engaged in work pertaining to the district.
4 Supervisors shall be paid for district travel and expenses in
5 accordance with the provisions of chapter 112, Florida
6 Statutes.
7 Section 7. Meetings of landowners; election of
8 supervisors.--
9 (1) Each year on the first Wednesday following the 3rd
10 of October at 9 a.m., a meeting of the landowners of the
11 district shall be held for the purpose of electing supervisors
12 to take the place of retiring supervisors and hearing reports
13 of the board of supervisors and considering any matters upon
14 which the board may request the advice and views of the
15 landowners. The president of the board shall have the power to
16 call special meetings of the landowners at any time to receive
17 reports of the board or consider any act upon any matter which
18 the board may request advice. Notice of all meetings of the
19 landowners shall be given by the board by causing publication
20 thereof to be made once a week for 2 consecutive weeks prior
21 to such meeting in some newspaper published in Palm Beach
22 County. The meeting of the landowners shall be held at the
23 principal office of the Lake Worth Drainage District or in
24 some other public place in said county and the place, day, and
25 hour of holding said meeting shall be stated in the notice.
26 (2) The landowners, when assembled, shall organize by
27 electing a chair who shall preside at the meeting. The
28 secretary of the board shall be secretary of such meeting. At
29 all of such meetings, each acre, or fraction thereof, of land
30 in the district shall represent one share and each owner shall
31 be entitled to one vote, in person or by proxy, for every
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1 acre, or fraction thereof, of land owned by him or her in the
2 district.
3 (3) A majority of acres in the district shall
4 constitute a quorum of any meeting of the landowners. If no
5 quorum is present or represented at such meeting at the time
6 and place the meeting is called to be held, and if the meeting
7 has been regularly called as required in this act, then a
8 majority of the acres of landowners present and represented,
9 though constituting less than a quorum, shall have the power
10 to elect supervisors and shall transact all of the business
11 which could have been transacted had a quorum been present.
12 (4) Presidents or other indicated executive officers
13 may represent corporations, guardians may represent their
14 wards, and personal representatives may represent the estates
15 of deceased persons. Trustees may represent lands held by them
16 in trust, and private and municipal corporations may be
17 represented by their officers or duly authorized agents.
18 Guardians, personal representatives, trustees, and
19 corporations may also vote by proxy.
20 (5) Any qualified person desiring to become a
21 candidate for election to the board of supervisors of the
22 district shall file written notice of his or her intention to
23 seek said office with the general manager of the district at
24 the general office on or prior to the adjournment of the
25 regularly scheduled board of supervisors meeting during the
26 month preceding said landowners' meeting. Failing to so file
27 will disqualify any person for consideration at such election.
28 (6) As to the elections of supervisors, the qualified
29 candidate receiving the highest number of votes for supervisor
30 shall be declared and elected as such supervisor. If more than
31 one person is nominated for any vacancy on the board of
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1 supervisors, the candidate receiving the majority of the votes
2 shall be elected. In the event no candidate receives a
3 majority, then the landowners shall vote on two candidates
4 receiving the most votes in a runoff election and the one
5 receiving the majority shall be elected.
6 Section 8. Installment taxes, levied and apportioned
7 and the collection thereof.--Taxes shall be levied and
8 apportioned as provided for in the general drainage and water
9 laws of Florida (chapter 298, Florida Statutes, and amendments
10 thereto), except that the provisions of ss. 298.365 and
11 298.41, Florida Statutes, and amendments thereto, shall not be
12 applicable to the district. In lieu thereof, the following
13 provisions shall apply to the district:
14 (1) The board of supervisors shall determine, order,
15 and levy the amount of the annual installment of the total
16 taxes levied under s. 298.36, Florida Statutes, which shall
17 become due and be collected during each year at the same time
18 that county taxes are due and collected, which said annual
19 installment and levy shall be evidenced to and certified by
20 the board not later than August 31 of each year to the
21 Property Appraiser of Palm Beach County.
22 (2) Said tax shall be extended by the county property
23 appraiser on the county tax roll and shall be collected by the
24 county tax collector in the same manner and time as the county
25 taxes and the proceeds thereof paid to the district.
26 Section 9. Maintenance tax.--The provisions of s.
27 298.54, Florida Statutes, and amendments thereto, shall not be
28 applicable to the district. In lieu thereof, the following
29 provision shall apply to the district: to maintain and
30 preserve the existing improvements and assets for the
31 district, as well as the improvements made pursuant to this
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1 chapter, and to repair and restore the same when needed, for
2 the purpose of defraying the current expenses of the district,
3 the board of supervisors shall levy a uniform annual acreage
4 tax, the same being a unit of tax upon each acre or fraction
5 thereof on all property in the district as determined for
6 county taxing purposes, to be known as "maintenance tax."
7 Said maintenance tax shall be evidenced to and certified by
8 the board not later than August 31 of each year to the
9 Property Appraiser of Palm Beach County, and shall be extended
10 by the county property appraiser on the county tax roll and
11 shall be collected by the county tax collector in the same
12 manner and time as county taxes and the proceeds therefrom
13 paid on the property against which assessed, and enforceable
14 in like manner as county taxes. Each acre or fraction of an
15 acre, for the purposes of this section, shall be taxed as an
16 acre unit.
17 Section 10. Irrigation tax.--
18 (1) The Lake Worth Drainage District is hereby
19 permitted, authorized, and empowered to engage in irrigation
20 as well as drainage. The term "irrigation" as herein used is
21 defined to mean the maintaining and controlling of water
22 levels within the district by means of pumping operations or
23 through gravity flow from reservoirs, and installing,
24 operating, keeping, and maintaining pumps, pumping stations,
25 dams, floodgates, and such other waterworks and controls that
26 the board of supervisors may deem necessary and proper.
27 (2) In order to defray the costs of irrigation, the
28 district is authorized, permitted, and empowered to levy and
29 assess taxes as herein provided. Said taxes shall be
30 determined, levied, and assessed not later than the regular
31 monthly meeting of the board in July of each year. The board
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1 shall, at such time, determine lands that have been benefited
2 by irrigation.
3 (3) At the regular monthly meeting in July of each
4 year, the general manager of the district shall submit a
5 budget showing the estimated costs for the year of maintaining
6 water tables. The board shall examine the budget and revise it
7 if necessary. After the budget has been fully approved by the
8 board, the board shall then assess against the lands benefited
9 an irrigation tax sufficient to defray the cost of irrigation.
10 (4) Within 2 weeks after the assessment has been made,
11 notice of the assessment shall be given by publication in some
12 newspaper published in Palm Beach County. One such publication
13 shall be sufficient. It shall not be necessary for this notice
14 to describe the lands assessed other than to refer to them as
15 lands within the irrigation area of the Lake Worth Drainage
16 District, and the notice may state merely the amount of
17 assessment per acre.
18 (5) Should there be any objections to the assessment
19 made against the lands as provided herein, such objection
20 shall be made to the board of supervisors each year following
21 the publication of the assessment roll at its next regular
22 monthly meeting. The board shall consider the objections and
23 sustain, adjust, or overrule the same. After consideration of
24 objections, if any have been made and determined as above, the
25 board shall cause the assessment to be certified to the
26 Property Appraiser of Palm Beach County, together with a list
27 of lands subject to the assessment, at the same time and in
28 the same form and manner as other drainage taxes of the
29 district are certified. The county property appraiser shall
30 combine the assessment for irrigation with the drainage
31 district tax assessment and extend them on the county tax
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1 rolls and the taxes shall be collected by the county tax
2 collector in the same manner and time as county taxes and the
3 proceeds therefrom paid to the Lake Worth Drainage District.
4 The taxes shall be a lien until paid on the property against
5 which assessed and enforceable in like manner as county taxes.
6 When remittance of taxes is made by the county to the
7 district, the board, from information furnished to it by the
8 general manager and records of the district, shall determine
9 what part of the remittance is for irrigation and shall set
10 aside the irrigation portion so found and determined into an
11 irrigation fund for the district, to be used for the purpose
12 for which it was assessed.
13 Section 11. Special improvements; and assessments
14 against specially improved property.--
15 (1) The Board of Supervisors of the Lake Worth
16 Drainage District is hereby authorized and empowered in the
17 manner hereinafter provided to cause any and all canals,
18 bulkheads, dikes, levees, drains, culverts, and other types of
19 waterways, water controls, or improvements thereunto related,
20 as well as streets or roads incident thereto, to be dug,
21 constructed, paved, or built, and to provide for all or any
22 part of the installation costs thereof, and to provide for the
23 annual maintenance involved by levying and collecting special
24 installation assessments and maintenance assessments upon
25 abutting, adjoining, and contiguous or other specially
26 benefited properties. The amount assessed against the property
27 benefited for any installation of such improvements shall not
28 exceed the estimated benefits accruing to such property by
29 reason of the special improvements. The maintenance costs of
30 the special improvements shall be annually assessed against
31
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1 the affected property in direct proportion to the resulting
2 benefit.
3 (2) Special assessments upon the property benefited by
4 any improvement herein authorized shall be effected by one or
5 both of the following methods:
6 (a) In proportion to the benefit which may result from
7 such improvements.
8 (b) By front footage of property bounding or abutting
9 upon such improvement.
10 (3) Upon the board of supervisors' own initiative, or
11 when the owners of a majority of the acres of land liable to
12 be assessed for any special or local improvements, or when the
13 owners of a majority of the foot frontage of land liable to be
14 assessed for any special or local improvements petition the
15 board for its consideration of any local special improvement,
16 the board may order such improvement to be made and, in such
17 an event, the following are the general conditions and
18 regulations governing said special assessments and
19 improvements:
20 (a) Before any special or local improvement is
21 authorized or made under the provisions of this section, the
22 board of supervisors shall, by resolution, require plans,
23 specifications, and estimates of cost of such improvements to
24 be made and placed on file in the general offices of the
25 district.
26 (b) When the board of supervisors determines to make
27 such special or local improvements, then it shall so declare
28 by resolution, stating the necessity for, and the nature of,
29 the proposed special improvements and stating further what
30 part of the expenses therefor shall be paid by special
31 assessment against the affected property. The resolution shall
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1 also state the total estimated cost of the proposed
2 improvement, the method of payment of assessment, the number
3 of annual installments, and the rate of interest on deferred
4 payments, which interest shall not exceed 8 percent.
5 (c) The resolution may embrace improvements of like
6 character upon or in more than one canal or other type of
7 waterway or control, street, or road and such improvements
8 need not be contiguous. The resolution shall designate the
9 boundaries of the area comprising the property which the board
10 deems will be specially benefited by such improvement. The
11 estimated costs stated in the resolution shall include an
12 estimate of the cost of preliminary or other surveys,
13 inspections, and supervision of the work, the preparation of
14 the plans and specifications, the printing and publishing of
15 notices and proceedings, the preparation of certificates and
16 bonds, and any other expenses necessary or proper, which
17 expenses, except the cost of the work itself, are hereinafter
18 referred to as incidental expenses. The improvements covered
19 by a single resolution may be designated in all proceedings,
20 assessments, or publications by any short or convenient
21 designation and the property against which assessments may be
22 made for the cost of such improvements may be designated as an
23 area, followed by a letter or number or name to distinguish it
24 from other such areas.
25 (d) The resolution to be adopted as aforesaid shall be
26 published in a newspaper published in Palm Beach County once
27 each week for 2 consecutive weeks and shall be certified to by
28 the secretary of the board of supervisors. There shall also be
29 published a notice setting forth that the board has determined
30 the necessity for the improvements to be made according to
31 plans and specifications on file in the general offices of the
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1 Lake Worth Drainage District, that the same are required to be
2 made, and that the board will sit at a place and upon a date
3 and hour not earlier than 3 days from the final publication of
4 such notice for the purpose of hearing objections to the
5 proposed improvements.
6 (e) If, at the time fixed in the notice, the persons
7 owning property abutting upon or within the area to be
8 benefited by the improvements have not already constructed the
9 same in accordance with the plans and specifications aforesaid
10 and, if no objections have been made or, if having been made,
11 the objections have been deemed insufficient by the board of
12 supervisors, the board shall have the improvements made,
13 either by contract or directly, by the employment of labor and
14 purchase of materials; or separate contracts may be entered
15 into for the performance of different classes of work included
16 in any single improvement.
17 (f) After the completion of the improvement or in the
18 event the improvement is made by contract, after the awarding
19 of all contracts included in such improvement in such manner
20 that the total actual cost of said improvement can be
21 determined, the treasurer of the board of supervisors shall
22 prepare and present to the board a report of costs of the
23 improvements and an assessment roll showing the lands assessed
24 to pay the costs thereof and the amount of the assessment as
25 to each. The report of costs must show the total cost of the
26 improvement and the estimated costs of incidental expenses and
27 that portion of the total cost chargeable to the respective
28 parcels of land, including real estate owned by the Lake Worth
29 Drainage District and including real estate within the Lake
30 Worth Drainage District abutting upon the improvement for
31 which the assessment is made. Such costs chargeable to said
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1 properties shall be upon front footage of such specially
2 improved property, which amount shall be the portion of the
3 total cost chargeable to all abutting property, divided by the
4 number of feet fronting or abutting upon the improvement,
5 and/or such costs chargeable to said properties shall be in
6 the amount which the board deems to be proportionate to the
7 special benefits received by lots or parcels of land within
8 the boundaries of the area designated in the resolution
9 authorizing such improvements as hereinbefore provided and not
10 in excess of such benefits.
11 (g) The board of supervisors shall thereupon approve
12 the report of costs and assessment roll if the same is in
13 proper form, and the same shall be placed on file in the
14 general offices of the Lake Worth Drainage District; and the
15 assessment roll shall be advertised once each week for 2
16 consecutive weeks in a newspaper published in Palm Beach
17 County, together with a notice to be signed by the secretary
18 of the Lake Worth Drainage District setting forth that the
19 assessment roll has been examined and approved by the board
20 and the board shall sit upon a certain date and hour, not
21 earlier than 3 days from the final publication of such notice,
22 for the purpose of hearing objections to said assessment roll.
23 If no objections are made by persons affected by the
24 assessment roll at the time and place specified in the
25 aforesaid notice or if objections have been made and have been
26 determined insufficient by the board, the board shall
27 thereupon adopt a resolution levying the assessments as shown
28 by the assessment roll and reciting by what method or
29 combination of methods the special assessment is made and the
30 time when the same shall become payable and the special
31 assessments to be levied shall be a lien upon the date of the
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1 assessment upon the respective lots or parcels of land
2 described in the resolution. The special assessments shall be
3 evidenced to and certified by the board not later than August
4 31 of each year to the Property Appraiser of Palm Beach
5 County, and shall be extended by the county property appraiser
6 on the county tax roll and the annual installments thereon
7 shall be collected from year to year by the county tax
8 collector in the same manner and time as county taxes and the
9 proceeds therefrom are paid to the district. The assessment
10 shall be a lien until paid on the property against which
11 assessed and enforceable in like manner as county taxes.
12 (h) The commencement of work on any special
13 improvement as provided for in this section shall constitute
14 notice to the owners of the property abutting upon, adjoining,
15 or contiguous to, and to be benefited by, such improvement;
16 and special assessments will be levied against such property
17 and liens created and held against the same for the benefits
18 received by reason of such improvements.
19 Section 12. Taxes and costs a lien on land against
20 which taxes assessed.--All taxes provided for in this act,
21 together with all penalties for default in payment of same,
22 all costs in collecting the same, shall, from the date of
23 assessment thereof until paid, constitute a lien of equal
24 dignity with the liens for county taxes upon all the lands
25 against which said taxes are levied as provided for in this
26 chapter.
27 Section 13. When unpaid taxes delinquent; penalty and
28 discounts.--All taxes provided for in this act shall be and
29 become delinquent and bear penalties on the amount of said
30 taxes in the same manner as county taxes, and shall be subject
31 to the same discounts as county taxes.
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1 Section 14. Compensation of property appraiser, tax
2 collector, and clerk of the circuit court.--The Property
3 Appraiser, Tax Collector, and Clerk of the Circuit Court of
4 Palm Beach County shall be entitled to compensation for
5 services performed in connection with taxes of the district at
6 the same rate as applied to county taxes.
7 Section 15. Bonds may be issued, sale and disposition
8 of proceeds; interest; levy to pay bonds, bonds and duties of
9 treasurer, etc.--
10 (1) The board of supervisors may, if in its judgment
11 it seems best, issue bonds not to exceed 90 percent of the
12 total amount of the taxes levied under the provisions of s.
13 298.36, Florida Statutes, and/or levied under the provisions
14 of section 11, and such bonds shall be in denominations of not
15 less than $100, bearing interest from date at a rate not to
16 exceed 6 percent per annum, payable annually or semiannually,
17 to mature at annual intervals within 40 years commencing after
18 a period of not less than 10 years, to be determined by the
19 board, both principal and interest payable at some convenient
20 place designated by the board to be named in said bonds, which
21 bonds shall be signed by the president of the board, attested
22 with the seal of the district and by the signature of the
23 secretary of the board. All of the bonds shall be executed and
24 delivered to the treasurer of the district, who shall sell the
25 same in such quantities and at such dates as the board may
26 deem necessary to meet the payments for the works and
27 improvements in the district. The bonds shall not be sold for
28 less than 90 cents on the dollar, with accrued interest, shall
29 show on their face the purpose for which they are issued, and
30 shall be payable out of money derived from the aforesaid
31 taxes. A sufficient amount of the drainage tax shall be
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1 appropriated by the board for the purpose of paying the
2 principal and interest of said bonds, and the same, when
3 collected, shall be preserved in a separate fund for that
4 purpose and no other. All bonds and coupons not paid at
5 maturity shall bear interest at the rate of 6 percent per
6 annum from maturity until paid, or until sufficient funds have
7 been deposited at the place of payment, and said interest
8 shall be appropriated by the board out of the penalties and
9 interest collected on delinquent taxes or other available
10 funds of the district. However, it may, in the discretion of
11 the board, be provided that at any time, after such date as
12 shall be fixed by the board, said bonds may be redeemed before
13 maturity at the option of the board, or its successors in
14 office, by being made callable prior to maturity at such time
15 and upon such prices and terms and other conditions as the
16 board shall determine. If any bond so issued subject to
17 redemption before maturity is not presented when called for
18 redemption, it shall cease to bear interest from and after the
19 date so fixed for redemption.
20 (2) The board of supervisors of the district shall
21 have authority to issue refunding bonds to take up any
22 outstanding bonds and any interest accrued thereon when, in
23 the judgment of the board, it shall be for the best interest
24 of the district so to do. The board is hereby authorized and
25 empowered to issue refunding bonds to take up and refund all
26 bonds of the district outstanding that are subject to call and
27 prior redemption, and all interest accrued to the date of such
28 call or prior redemption, and all bonds of the district that
29 are not subject to call or redemption, together with all
30 accrued interest thereon, where the surrender of said bonds
31 can be procured from the holders thereof at prices
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1 satisfactory to the board or can be exchanged for such
2 outstanding bonds with the consent of the holder thereof. Such
3 refunding bonds may be issued at any time when, in the
4 judgment of the board, it will be to the interest of the
5 district financially or economically to secure a lower rate of
6 interest on the bonds or by extending the time of maturity of
7 the bonds, or for any other reason in the judgment of the
8 board advantageous to the district. Such refunding bonds may
9 mature at any time or times in the discretion of the board,
10 not later, however, than 40 years from the date of issuance of
11 said refunding bonds. The refunding bonds shall bear such date
12 of issue and such other details as the board shall determine
13 and may in the discretion of the board be made callable prior
14 to maturity at such times and upon such prices and terms and
15 other conditions as the board shall determine. All the other
16 applicable provisions of this act not inconsistent therewith
17 shall apply fully to the refunding bonds and the holders
18 thereof shall have all the rights, remedies, and securities of
19 the outstanding bonds refunded, except as may be provided
20 otherwise in the resolution of the board authorizing the
21 issuance of such refunding bonds. Any funds available in the
22 sinking fund for the payment of the principal and interest of
23 outstanding bonds may be retained in the fund to be used for
24 the payment of principal and interest of the refunding bonds,
25 in the discretion of the board of supervisors. Any expenses
26 incurred in buying any or all bonds authorized under the
27 provisions of this section and the interest thereon and a
28 reasonable compensation for paying same shall be paid out of
29 the funds in the hands of the treasurer and collected for the
30 purpose of meeting the expenses of administration. It shall be
31 the duty of the board of supervisors in making the annual tax
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1 levy as heretofore provided to take into account the maturing
2 bonds and interest on all bonds and expenses, and to make
3 provision in advance for the payment of same.
4 (3) In case the proceeds of the original tax levy made
5 under the provisions of s. 298.36, Florida Statutes, are not
6 sufficient to pay the principal and interest of all bonds
7 issued, then the board of supervisors shall make such
8 additional levy or levies upon the benefits assessed as are
9 necessary for this purpose, and under no circumstances shall
10 any tax levies be made that will in any manner or to any
11 extent impair the security of said bonds or the fund available
12 for the payment of the principal and interest of the same. The
13 treasurer shall, at the time of his or her receipt of said
14 bonds, execute and deliver to the president of the board of
15 the district a bond with good and sufficient surety to be
16 approved by the board, conditioned that he or she shall
17 account for and pay over as required by law and as ordered by
18 the board of supervisors, any and all moneys received by him
19 or her on the sale of such bonds, or any of them, and that he
20 or she will only sell and deliver such bonds to the purchaser
21 or purchasers thereof under and according to the terms herein
22 prescribed, and that he or she will return to the board of
23 supervisors and duly cancel any and all bonds not sold when
24 ordered by the board to do so. The bonds when so returned
25 shall remain in the custody of the president of the board of
26 supervisors, who shall produce the same for inspection or for
27 use as evidence whenever and wherever legally requested so to
28 do. The treasurer shall promptly report all sales of bonds to
29 the board of supervisors. The board shall at reasonable times
30 thereafter prepare and issue warrants in substantially the
31 form provided in s. 298.17, Florida Statutes, for the payment
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1 of maturing bonds so sold and the interest payments coming due
2 on all bonds sold. Each of the warrants shall specify which
3 bonds and accruing interest it is to pay, and the treasurer
4 shall place sufficient funds at the place of payment to pay
5 the maturing bonds and coupons when due, together with
6 necessary compensation for paying same. The successor in
7 office of such treasurer shall not be entitled to the bonds or
8 the proceeds thereof until he or she has complied with all of
9 the foregoing provisions applicable to this predecessor in
10 office. The aforesaid bond of the treasurer may, if the board
11 so directs, be furnished by a surety or bonding company, which
12 may be approved by said board of supervisors; however, if it
13 is deemed more expedient to the board of supervisors as to
14 money derived from the sale of bonds issued, the board may, by
15 resolution, select some suitable bank or banks or other
16 depository as temporary treasurer or treasurers to hold and
17 disburse the moneys upon the order of the board as the work
18 progresses, until such fund is exhausted or transferred to the
19 treasurer by order of the board of supervisors. The funds
20 derived from the sale of the bonds or any of them shall be
21 used for the purpose of paying the cost of the drainage works
22 and improvements, and such costs, fees, expenses, and salaries
23 as may be authorized by law, and used for no other purpose.
24 Section 16. Full authority for issue and sale of bonds
25 authorized.--
26 (1) This act shall, without reference to any other act
27 of the Legislature, be full authority for the issuance and
28 sale of the bonds authorized in this act, which bonds shall
29 have all the qualities of negotiable paper under the law
30 merchant and shall not be invalid for any irregularity or
31 defect in the proceedings for the issuance and sale thereof,
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1 and shall be incontestable in the hands of bona fide
2 purchasers or holders thereof. No proceedings in respect to
3 the issuance of any such bonds shall be necessary, except such
4 as are required by this act. The provisions of this act shall
5 constitute an irrepealable contract between the board of
6 supervisors and the Lake Worth Drainage District and the
7 holders of any bonds and the coupons thereof issued pursuant
8 to the provisions hereof. Any holder of any of said bonds or
9 coupons may either in law or in equity by suit, action, or
10 mandamus enforce and compel the performance of the duties
11 required by this act of any of the officers or persons
12 mentioned in this act in relation to the bonds, or to the
13 correct enforcement and application of the taxes for the
14 payment thereof.
15 (2) After the several bonds and coupons are paid and
16 retired as herein provided, they shall be returned to the
17 treasurer, and they shall be canceled and an appropriate
18 record thereof made in a book to be kept for that purpose,
19 which record of paid and canceled bonds shall be kept at the
20 office of the treasurer and shall be open for inspection of
21 any bondholder at any time.
22 Section 17. Floating indebtedness.--Prior to the
23 issuance of bonds under the provisions of this act, the board
24 of supervisors may from time to time issue warrants or
25 negotiable notes or other evidences of debt of the district,
26 all of which shall be termed "floating indebtedness" in order
27 to distinguish the same from the bonded debt provided for. The
28 notes or other evidences of indebtedness shall be payable at
29 such times and shall bear interest at the rate not exceeding
30 the maximum rate allowed by general law for public bodies,
31 agencies, and political subdivisions as provided for in s.
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1 215.84, Florida Statutes, and may be sold or discounted at
2 such time or on such terms as the board may deem advisable.
3 The board shall have the right, in order to provide for the
4 payment thereof, to pledge the whole or any part of the taxes
5 provided for in this act, whether the same shall be
6 theretofore or thereafter levied, and the board shall have the
7 right to provide that the floating debt shall be payable from
8 the proceeds arising from the sale of bonds, or from the
9 proceeds of any such tax, or both. After the issuance of any
10 bonds of the district under the provisions of this act, the
11 power to create such floating debt and pledge the avails of
12 taxes therefor shall continue.
13 Section 18. Use of bonds and interest coupons in
14 payment of taxes not authorized.--The provisions of s. 298.73,
15 Florida Statutes, and amendments and successors thereof,
16 relating to the use of bonds and obligations in payment of
17 drainage taxes, shall not be applicable to the district and
18 its bonds, obligations, and taxes.
19 Section 19. Eminent domain.--The board of supervisors
20 is hereby authorized and empowered to exercise the right of
21 eminent domain and may condemn for the use of the district any
22 and all lands, easements, rights-of-way, riparian rights, and
23 property rights of every description, in or out of the
24 district, required for the public purposes and powers of the
25 board as herein granted, and may enter upon, take, and use
26 such lands as it may deem necessary for such purposes.
27 Section 20. Legislative determination, district
28 improvements and facilities needed, water a common enemy.--It
29 is hereby declared and determined that the growth and
30 expansion of urban residential areas within the boundaries of
31 the Lake Worth Drainage District has created urgent demand and
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1 necessity for the expansion of the facilities of irrigation,
2 water control, water outfall, widening and improving the
3 drainage facilities, and reclaiming the wetlands; and it is
4 further declared that in the district, the surface waters,
5 which shall include rainfall and the overflow of rivers and
6 streams, are a common enemy and that the district and any
7 individual or agency holding a permit to do so from the
8 district shall have the right to dike, dam, and construct
9 levees to protect the district or any part thereof or the
10 property of any individual or agency against the same and
11 thereby divert the course and flow of such surface waters
12 and/or pump the water from within such dikes and levees.
13 Section 21. Annexation of new territory; procedure;
14 objection thereto.--The Lake Worth Drainage District of Palm
15 Beach County may change its territorial limits by the
16 annexation of any lands lying contiguous thereto or abutting
17 upon any one of its canal rights-of-way lying within said
18 county by either one of the following methods:
19 (1) By filing with the Lake Worth Drainage District a
20 petition of the fee titleholder of the subject property sought
21 to be annexed, indicating said titleholder's desire to be
22 annexed and indicating the authority for same. Thereupon, the
23 district, upon determination that it can serve the lands and
24 is willing to have said lands included within its boundaries
25 and subjected to its jurisdiction, shall determine same by
26 resolution extending the district's boundaries so as to
27 include the land areas described in the petition; and, upon
28 filing the resolution with the Clerk of the Circuit Court in
29 and for Palm Beach County, said lands shall be deemed included
30 within the Lake Worth Drainage District and liable for
31 assessment and payment of any and all taxes and liabilities as
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1 if the lands had been included within the district as of the
2 date of this act.
3 (2) If such tract contains less than 10 freeholders,
4 the supervisors shall, by resolution duly passed, declare its
5 intention to annex such tract of land to the Lake Worth
6 Drainage District at the expiration of 15 days from the
7 adoption of the resolution, which resolution shall thereupon
8 be published in full once a week for 2 consecutive weeks in
9 some newspaper published in Palm Beach County. If, at any time
10 prior to the expiration of 15 days, any 15 freeholders in the
11 Lake Worth Drainage District or any four or more freeholders
12 of real estate in the district so proposed to be annexed shall
13 object to such annexation, they may apply by petition to the
14 Circuit Court of Palm Beach County, setting forth in the
15 petition the proposed proceedings of the Board of Supervisors
16 of the Lake Worth Drainage District and the grounds of their
17 objections thereto. Thereupon, the circuit court shall order
18 notice of the application to be served upon the Lake Worth
19 Drainage District and appoint a day for the hearing of the
20 application, and all further action in the proceedings by the
21 Lake Worth Drainage District shall thereupon be stayed until
22 the further order of court. If, upon the hearing of such an
23 application, the court sustains the objection, the tract of
24 land shall not be annexed; otherwise, the application and
25 objection shall be discharged and the tract of land shall be
26 annexed to the Lake Worth Drainage District. Such petition may
27 be heard and determined by the court at any time, and
28 questions of fact may be determined by such court without a
29 jury, but each party may demand a jury if it so desires. If no
30 objection is filed and notice served as aforesaid within the
31 15-day period, the Board of Supervisors of the Lake Worth
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1 Drainage District may proceed by further resolution to annex
2 said tract of land and to redefine the boundaries of the Lake
3 Worth Drainage District so as to include therein the tract of
4 land, and said tract of land shall be annexed upon the filing
5 of such resolution with the Clerk of the Circuit Court in and
6 for Palm Beach County, and said lands shall be deemed included
7 within the Lake Worth Drainage District and liable for
8 assessment and payment of any and all taxes and liabilities as
9 if the lands had been included within the district at the time
10 of the original creation of same.
11 (3) If the tract of land so proposed to be annexed
12 contains 10 or more freeholders, the resolution proposing to
13 annex said land shall be submitted to a separate vote of the
14 freeholders who are registered voters of the Lake Worth
15 Drainage District and of the freeholders with the district so
16 proposed to be annexed in Palm Beach County. Such election
17 shall be called and conducted and the expense thereto paid by
18 the Lake Worth Drainage District and the tract of land shall
19 not be annexed unless such annexation is approved by a
20 majority of the freeholders within the district proposed to be
21 annexed actually voting at such an election and by a majority
22 of the registered voters within the Lake Worth Drainage
23 District actually voting at such an election.
24 Section 22. Unit development; powers of supervisors to
25 designate units of district and adopt system of progressive
26 drainage by units; water control plans and financing
27 assessments, etc., for each unit.--The Board of Supervisors of
28 the Lake Worth Drainage District shall have the power and is
29 hereby authorized in its discretion to drain and reclaim or
30 more completely and intensively to drain and reclaim the lands
31 in the district by designated areas or parts of the district
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1 to be called "units." The units into which the district may
2 be so divided shall be given appropriate numbers or names by
3 the board of supervisors, so that said units may be readily
4 identified and distinguished. The board of supervisors shall
5 have the power to fix and determine the location, area, and
6 boundaries of and lands to be included in each and all such
7 units, the order of development thereof, and the method of
8 carrying on the work in each unit. The unit system of drainage
9 provided by this section may be conducted and all of the
10 proceedings by this section and this act authorized in respect
11 to such unit or units may be carried on and conducted at the
12 same time as or after the work of draining and reclaiming of
13 the entire district has been or is being or shall be
14 instituted or carried on under the provisions of this act. If
15 the board of supervisors shall determine that it is advisable
16 to conduct the work of draining and reclaiming the lands in
17 the district by units, as authorized by this section, the
18 board shall, by resolution duly adopted and entered upon its
19 minutes, declare its purpose to conduct such work accordingly,
20 and shall at the same time and manner fix the number, location
21 and boundaries of, and description of lands within such unit
22 or units and give them appropriate numbers or names. As soon
23 as practicable after the adoption and recording of such
24 resolution, the board of supervisors shall publish notice once
25 a week for 2 consecutive weeks in a newspaper published in
26 Palm Beach County briefly describing the units into which the
27 district has been divided and the lands embraced in each unit,
28 giving the name, number, or other designation of such units,
29 requiring all owners of lands in the district to show cause in
30 writing before the board of supervisors at a time and place to
31 be stated in such notice why such division of the district
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1 into such units should not be approved and the system of
2 development by units should not be adopted and given effect by
3 the board, and why the proceedings and powers authorized by
4 this section should not be had, taken, and exercised. At the
5 time and place stated in the notice, the board of supervisors
6 shall hear all objections or causes of objection, all of which
7 shall be in writing, of any landowner in the district to the
8 matters mentioned and referred to in such notice and, if no
9 objections are made or if said objections, if made, are
10 overruled by the board, then the board shall enter in its
11 minutes its finding and order confirming said resolution, and
12 may thereafter proceed with the development, drainage, and
13 reclamation of the district by units pursuant to such
14 resolution and to the provisions of this act. If, however, the
15 board of supervisors shall find as a result of such
16 objections, or any of them, or the hearing thereon, that the
17 division of the district into such units as aforesaid should
18 not be approved, or that the system of development by units
19 should not be adopted and given effect, or that the
20 proceedings and powers authorized by this section should not
21 be had, taken, or exercised, or that any other matter or thing
22 embraced in the resolution would not be in the best interest
23 of the landowners of the district or would be unjust or unfair
24 to any landowner therein or otherwise inconsistent with fair
25 and equal protection and enforcement of the rights of every
26 landowner in the district, then the board of supervisors shall
27 not proceed further under such resolution; but the board of
28 supervisors may, as a result of such hearing, modify or amend
29 said resolution so as to meet such objections, and thereupon
30 the board may confirm the resolution as so modified or amended
31 and may thereafter proceed accordingly. The sustaining of such
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1 objections and the rescinding of such resolutions shall not
2 exhaust the power of the board under this section; but, at any
3 time not less than 1 year after the date of the hearing upon
4 any such resolution, the board of supervisors may adopt other
5 resolutions under this section and thereupon proceed on due
6 notice in like manner as above. If the board of supervisors
7 overrules or refuses to sustain any such objections in whole
8 or in part made by any landowner in the district, or if any
9 landowner shall deem himself or herself aggrieved by any
10 action of the board of supervisors in respect to any
11 objections so filed, such landowner may, within 10 days after
12 the ruling of the board, file his or her bill of complaint in
13 the Circuit Court for Palm Beach County against the district,
14 praying an injunction or other appropriate relief against the
15 action or any part of such action proposed by such resolution
16 or resolutions of the board, and such suits shall be conducted
17 like other suits in equity, except that said suits shall have
18 preference over all other pending actions except criminal
19 actions and writs of habeas corpus. Upon the hearing of the
20 cause, the circuit court shall have the power to hear the
21 objections and receive the evidence thereon of all parties to
22 such cause and approve or disapprove said resolutions and
23 action of the board in whole or in part, and to render such
24 decree in such cause as right and justice require. When the
25 resolutions creating the unit system are confirmed by the
26 board of supervisors, or by the Circuit Court of Palm Beach
27 County, if such proposed action is challenged by a landowner
28 by the judicial proceedings hereinabove authorized, the board
29 of supervisors may adopt a water control plan or plans for and
30 in respect to any or all such units, and have the benefits and
31 damages resulting therefrom assessed and apportioned, and the
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1 engineer's report considered and confirmed, all in like manner
2 as is provided by law in regard to water control plans and
3 assessments for benefits and damages of the entire district.
4 With respect to the water control plan, notices, assessment of
5 benefits and damages, engineer's report and notice and
6 confirmation thereof, the levy of assessments and taxes,
7 including maintenance taxes, and the issuance of bonds, and
8 all other proceedings as to each and all of such units, the
9 board shall follow and comply with the same procedure as is
10 provided by law with respect to the entire district; and the
11 board of supervisors shall have the same powers in respect to
12 each and all of such units as is vested in them with respect
13 to the entire district. All the provisions of this act shall
14 apply to the drainage, reclamation, and improvement of each,
15 any, and all of such units; and the enumeration of or
16 reference to specific powers or duties of the supervisors or
17 any other officers or other matters in this act as hereinabove
18 set forth shall not limit or restrict the application of any
19 and all of the proceedings and powers herein to the drainage
20 and reclamation of such units as fully and completely as if
21 such unit or units were specifically and expressly named in
22 every section and clause of this act where the entire district
23 is mentioned or referred to. All assessments, levies, taxes,
24 bonds, and other obligations made, levied, assessed, or issued
25 for or in respect to any such unit or units shall be a lien
26 and charge solely and only upon the lands in such unit or
27 units, respectively, for the benefit of which the same is
28 levied, made, or issued, and not upon the remaining units or
29 lands in the district. The board of supervisors may at any
30 time amend its resolutions by changing the location and
31 description of lands in any such unit or units. Further, if
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1 the location of or description of lands located in any such
2 unit or units is so changed, notice of such change shall be
3 published as hereinabove required in this section for notice
4 of the formation or organization of such unit or units, and
5 all proceedings shall be had and done in that regard as are
6 provided in this section for the original creation of such
7 unit or units; however, no lands against which benefits are
8 assessed may be detached from any such unit after the
9 confirmation of the engineer's report of benefits in such unit
10 or units or the issuance of bonds or other obligations which
11 are payable from taxes or assessments for benefits levied upon
12 the lands within such unit or units. However, if, after the
13 confirmation of the engineer's report of benefits in such unit
14 or units, or the issuance of bonds or other obligations which
15 are payable from taxes or assessments for benefits levied upon
16 lands within such unit or units, the board of supervisors
17 finds the water control plan for any such unit or units
18 insufficient or inadequate for efficient development, the
19 water control plan may be amended or changed as provided in
20 chapter 298, Florida Statutes, and the unit or units may be
21 amended or changed as provided in this section, by changing
22 the location and description of lands in any such unit or
23 units, by detaching lands therefrom or by adding land thereto,
24 upon the approval of at least 51 percent of the landowners
25 according to acreage, in any such unit and of all of the
26 holders of bonds issued in respect to any such unit, and
27 provided that in such event all assessments, levies, taxes,
28 bonds, and other obligations made, levied, assessed, incurred,
29 or issued for or in respect to any such unit or units may be
30 allocated and apportioned to the amended unit or units in
31 proportion to the benefits assessed by the engineer's report
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1 for the amended water control plan and said report
2 specifically provide for such allocation and apportionment.
3 The landowners and all of the bondholders shall file their
4 approval of or objections to such amended water control plan
5 within the time provided in s. 298.301, Florida Statutes, and
6 shall file their approval of or objections to the amendment of
7 such unit as provided in this section. No lands shall be
8 detached from any unit after the issuance of bonds or other
9 obligations for such unit except upon the consent of all the
10 holders of such bonds or other obligations. In the event of
11 the change of the boundaries of any unit as provided herein
12 and the allocation and apportionment to the amended unit or
13 units of assessments, levies, taxes, bonds, and other
14 obligations in proportion to the benefits assessed by the
15 engineer's report for the amended water control plan, the
16 holder of bonds or other obligations heretofore issued for the
17 original unit who consent to such allocations and
18 apportionment shall be entitled to all rights and remedies
19 against any lands added to the amended unit or units as fully
20 and to the same extent as if such added lands had formed and
21 constituted a part of the original unit or units at the time
22 of the original issuance of such bonds or other obligations,
23 and regardless of whether the holders of such bonds or other
24 obligations are the original holders thereof or the holders
25 from time to time hereafter, and the rights and remedies of
26 such holders against the lands in the amended unit or units,
27 including any lands added thereto, under such allocation and
28 apportionment, shall constitute vested and irrevocable rights
29 and remedies to the holders from time to time of such bonds or
30 other obligations as fully and to the same extent as if such
31 bonds or other obligations had been originally issued to
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1 finance the improvements in such amended unit or units under
2 such amended plan of reclamation.
3 Section 3. In the event of a conflict between the
4 provisions of this act and the provisions of any other act,
5 the provisions of this act shall control to the extent of such
6 conflict.
7 Section 4. It is intended that the provisions of this
8 act shall be liberally construed for accomplishing the work
9 authorized and provided for or intended to be provided for by
10 this act, and where strict construction would result in the
11 defeat of the accomplishment of any part of the work
12 authorized by this act, and a liberal construction would
13 permit or assist in the accomplishment of any part of the work
14 authorized by this act, the liberal construction shall be
15 chosen.
16 Section 5. Except as specifically reenacted herein,
17 chapter 6458, Laws of Florida 1913; chapter 26558 No. 79, Laws
18 of Florida 1951; chapter 28405, Laws of Florida 1953; chapter
19 57-574, Laws of Florida; chapter 59-629, Laws of Florida;
20 chapter 61-1747, Laws of Florida; chapter 63-616, Laws of
21 Florida; chapter 63-618, Laws of Florida; chapter 65-2065,
22 Laws of Florida; chapter 67-867, Laws of Florida; chapter
23 71-830, Laws of Florida; chapter 75-472, Laws of Florida;
24 chapter 81-460, Laws of Florida; chapter 82-353, Laws of
25 Florida; chapter 83-493, Laws of Florida; chapter 84-496, Laws
26 of Florida; chapter 87-521, Laws of Florida; chapter 90-480,
27 Laws of Florida; and chapter 96-478, Laws of Florida, are
28 repealed.
29 Section 6. This act shall take effect upon becoming a
30 law.
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