House Bill 4691
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Florida House of Representatives - 1998 HB 4691
By Representative Wiles
1 A bill to be entitled
2 An act relating to Flagler Estates Road and
3 Water Control District, St. Johns and Flagler
4 Counties, created under chapter 298, Florida
5 Statutes; reenacting by codified charter all
6 special acts for the district relating to the
7 creation, organization, authority, landowners'
8 meeting quorum, notification of landowners'
9 meeting, and boundaries of the road and water
10 control district; providing for the subsequent
11 repeal of all individual special acts
12 pertaining to the district including chapters
13 81-481, 82-294, 83-509, 87-502, and 89-505,
14 Laws of Florida, and in furtherance of the
15 purposes and intent of chapter 298, Florida
16 Statutes, to include substantive changes to
17 clarify the powers and duties of the district
18 by defining the road authority; authorizing the
19 district to make its surplus real property
20 available to the public for passive use;
21 permitting the district to enter into lease or
22 interlocal agreements with other governmental
23 entities for the operation and/or maintenance
24 of such passive use areas within the district
25 boundaries; providing an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. This is the Codified Charter for Flagler
30 Estates Road and Water Control District, that consolidates the
31 Final Judgment Incorporating the district, and a subsequent
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Florida House of Representatives - 1998 HB 4691
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1 Circuit Court Order extending boundaries, with all special
2 acts of the district, and further clarifies the powers and
3 duties of the district.
4 Section 2. Flagler Estates Road and Water Control
5 District originally was named "Sixteen Mile Creek Water
6 Control District" when it was created as a public corporation
7 by Final Judgment of the Seventh Judicial Circuit Court, St.
8 Johns County, Florida, on June 4, 1971, as recorded in O.R.
9 194, page 344, Public Records of St. Johns County, Florida, in
10 Case # 2154.
11 Section 3. Chapters 81-481, 82-294, 83-509, 87-502,
12 and 89-505, Laws of Florida are codified, reenacted, amended,
13 and repealed as herein provided.
14 Section 4. The Flagler Estates Road and Water Control
15 District is recreated and reenacted to read:
16 Section 1. Powers and authority.--The drainage
17 district originally was empowered to accept and maintain
18 drainage improvements already in existence and to operate
19 pursuant to the general drainage laws of chapter 298, Florida
20 Statutes. In addition to the powers provided for in chapter
21 298, Florida Statutes, in 1981 the district was granted the
22 power to maintain roadways and roads necessary and convenient
23 for the exercise of the powers or duties or any of the powers
24 or duties of said district; and in furtherance of the purposes
25 and intent of chapter 298, Florida Statutes, to maintain
26 streets, roadways, and roads necessary and convenient to
27 provide access to and efficient development of areas made
28 suitable and available for cultivation and settlement, urban
29 and suburban, and other beneficial use and development as a
30 result of the drainage, irrigation, and reclamation operations
31 of the district for the lands only within the boundaries of
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Florida House of Representatives - 1998 HB 4691
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1 the district situated in St. Johns County. This road authority
2 geographically was expanded in 1982 to include the lands
3 within the boundaries of the district situated in Flagler
4 County as well as a component of the district's road
5 maintenance authority within the district boundaries. This
6 authority is hereby specified to include, but not be limited
7 to, street lighting, road striping, reconstruction, and any
8 other safety features or improvements customary to a modern
9 road system. Surplus real property owned by the district can
10 be made available to the public for passive use and the
11 district is authorized to enter into lease or interlocal
12 agreements with other governmental entities for the operation
13 and/or maintenance of such passive use areas within the
14 district boundaries.
15 Section 2. Landowners' meeting; quorum and
16 notification of landowners' meeting.--A quorum for the
17 landowners' meeting is the owners of land in the district
18 present in person or voting by proxy for the purpose of
19 holding elections and voting on any matters that may come
20 properly before the meetings. Landowners must be notified by
21 first class mail of a landowners' meeting.
22 Section 3. Boundaries.--The district boundaries
23 originally were established in the Final Judgment
24 Incorporating the Drainage District by the Seventh Judicial
25 Circuit Court, St. Johns County, Florida, on June 4, 1971, as
26 recorded in O.R. 194, page 344, Public Records of St. Johns
27 County, Florida, in Case # 2154 and as subsequently extended
28 by Order of the Seventh Judicial Circuit Court, St. Johns
29 County, Florida, on August 16, 1972, as recorded in O.R. 194,
30 page 344, and O.R. 224, page 26, Public Records of St. Johns
31 County, Florida, in Case # 2154. Several Special Acts further
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Florida House of Representatives - 1998 HB 4691
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1 adjusted the district boundaries. Section 2 of chapter 81-481,
2 Laws of Florida, extended district boundaries into St. Johns
3 County; section 3 of chapter 81-481, Laws of Florida, removed
4 lands from Hastings Drainage District; section 2 of chapter
5 82-294, Laws of Florida, extended district boundaries in
6 Flagler County; and chapter 89-505, Laws of Florida, reduced
7 the size of the district in St. Johns County. The consolidated
8 legal description of the boundaries of the district is:
9
10 THAT PORTION OF TOWNSHIP 10 SOUTH, RANGE 28
11 EAST, LYING AND BEING IN ST. JOHNS AND FLAGLER
12 COUNTIES, FLORIDA, DESCRIBED AS FOLLOWS:
13
14 BEGIN AT THE NORTHEAST CORNER OF SAID TOWNSHIP
15 10 SOUTH, RANGE 28 EAST; THENCE RUN SOUTHERLY
16 ALONG THE EAST LINE OF SAID TOWNSHIP 10 SOUTH,
17 RANGE 28 EAST TO THE SOUTHEAST CORNER OF
18 SECTION 24; THENCE RUN WESTERLY ALONG THE SOUTH
19 LINE OF SAID SECTION 24 TO THE NORTHEAST CORNER
20 OF SECTION 26; THENCE RUN SOUTHERLY ALONG THE
21 EAST LINE OF SAID SECTION 26 TO THE NORTHERLY
22 RIGHT OF WAY LINE OF THE FLORIDA EAST COAST
23 RAILROAD; THENCE RUN NORTHWESTERLY ALONG SAID
24 NORTHERLY RIGHT OF WAY LINE OF THE FLORIDA EAST
25 COAST RAILROAD TO THE SOUTH LINE OF SECTION 22;
26 THENCE RUN WESTERLY ALONG THE SAID SOUTH LINE
27 OF SECTION 22 TO THE SOUTHWEST CORNER THEREOF;
28 THENCE RUN NORTHERLY ALONG THE WEST LINE OF
29 SAID SECTION 22 TO THE SAID NORTHERLY RIGHT OF
30 WAY LINE OF THE FLORIDA EAST COAST RAILROAD;
31 THENCE RUN NORTHWESTERLY ALONG THE SAID
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1 NORTHERLY RIGHT OF WAY LINE OF THE FLORIDA EAST
2 COAST RAILROAD TO THE WEST LINE OF THE EAST 1/2
3 OF THE NORTHWEST 1/4 OF SECTION 21; THENCE RUN
4 NORTHERLY ALONG THE SAID WEST LINE OF THE EAST
5 1/2 OF THE NORTHWEST 1/4 TO THE SOUTH LINE OF
6 SECTION 16; THENCE RUN WESTERLY ALONG THE SAID
7 SOUTH LINE OF SECTION 16 TO THE SOUTHEAST
8 CORNER OF SECTION 17; THENCE RUN WESTERLY ALONG
9 THE SOUTH LINE OF SAID SECTION 17 TO THE
10 SOUTHWEST CORNER OF THE EAST 1/4 OF SAID
11 SECTION 17; THENCE RUN NORTHERLY ALONG THE WEST
12 LINE OF THE EAST 1/4 OF SAID SECTION 17 AND
13 ALONG THE WEST LINE OF THE EAST 1/4 OF SECTION
14 8 TO THE NORTH LINE OF SAID SECTION 8; THENCE
15 RUN EASTERLY ALONG THE NORTH LINE OF SAID
16 SECTION 8 AND ALONG THE NORTH LINE OF SECTION 9
17 TO THE SOUTHWEST CORNER OF SECTION 3; THENCE
18 RUN NORTHERLY ALONG THE WEST LINE OF SAID
19 SECTION 3 TO THE NORTHWEST CORNER OF U.S.
20 GOVERNMENT LOT 3 OF SAID SECTION 3; THENCE RUN
21 EASTERLY ALONG THE NORTH LINES OF U.S.
22 GOVERNMENT LOTS 3 AND 4 OF SAID SECTION 3 TO
23 THE NORTHEAST CORNER OF SAID LOT 4; THENCE RUN
24 S 0°12'38" E FOR A DISTANCE OF 12.54 FEET;
25 THENCE RUN 88°27'38" E FOR A DISTANCE OF 363.00
26 FEET; THENCE RUN N 5°12'38" W FOR A DISTANCE OF
27 458 FEET, MORE OR LESS, TO THE SOUTHERLY LINE
28 OF THE GEO. I.F. CLARKE GRANT, SECTION 37;
29 THENCE RUN EASTERLY ALONG SAID SOUTHERLY LINE
30 OF THE GEO. I.F. CLARKE GRANT TO THE RUN OF
31 DEEP CREEK; THENCE RUN NORTHERLY DOWN THE RUN
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1 OF SAID DEEP CREEK TO THE NORTH LINE OF
2 TOWNSHIP 10 SOUTH, RANGE 28 EAST; THENCE RUN
3 EASTERLY ALONG THE SAID NORTH LINE OF TOWNSHIP
4 10 SOUTH, RANGE 28 EAST TO THE POINT OF
5 BEGINNING.
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7 ALSO THE CANAL 5A, DESCRIBED AS FOLLOWS:
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9 A STRIP OF LAND 60 FEET IN WIDTH BEING A
10 PORTION OF THE GEO. I.F. CLARKE GRANT, LYING
11 AND BEING IN SECTION 38, TOWNSHIP 9 SOUTH,
12 RANGE 28 EAST, ST. JOHNS COUNTY, FLORIDA, SAID
13 STRIP LYING 30.00 FEET ON EACH SIDE OF AND
14 CONTIGUOUS WITH THE FOLLOWING DESCRIBED
15 CENTERLINE:
16
17 COMMENCE AT THE SOUTHWEST CORNER OF SAID
18 SECTION 38; THENCE RUN S 87°12'24" E, ALONG THE
19 SOUTH LINE OF SAID SECTION 38, FOR 30.01 FEET
20 TO THE POINT OF BEGINNING OF THE FOLLOWING
21 DESCRIBED CENTERLINE; THENCE RUN N 04°18'32" E,
22 ALONG A LINE PARALLEL WITH AND 30.00 FEET
23 EASTERLY OF THE WEST LINE OF SAID SECTION 38,
24 FOR 2261.05 FEET; THENCE RUN N 54°03'48" E FOR
25 1118.15 FEET; THENCE RUN N 00°38'15" E FOR
26 395.40 FEET; THENCE RUN N 69°33'35" E FOR
27 236.03 FEET TO A POINT OF TERMINATION BEING ON
28 THE WESTERLY LINE OF THE SIXTEEN MILE CREEK
29 CANAL FOREBAY, AS DESCRIBED IN OFFICIAL RECORDS
30 BOOK 224 AT PAGES 31 AND 32 OF THE PUBLIC
31 RECORDS OF ST. JOHNS COUNTY, FLORIDA.
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Florida House of Representatives - 1998 HB 4691
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2 CONTAINING 5.524 ACRES, MORE OR LESS.
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4 AND ALSO A 50 FOOT ROAD RIGHT OF WAY, DESCRIBED
5 AS FOLLOWS:
6
7 BEING PORTIONS OF SECTION 37, TOWNSHIP 10
8 SOUTH, RANGE 28 EAST, AND SECTION 38, TOWNSHIP
9 9 SOUTH, RANGE 28 EAST, ST. JOHNS COUNTY,
10 FLORIDA, AND BEING MORE FULLY DESCRIBED AS
11 FOLLOWS:
12
13 COMMENCE AT THE SOUTHWEST CORNER OF SAID
14 SECTION 37; THENCE S 85°45'20" E ALONG THE
15 SOUTHERLY LINE OF SAID SECTION 37 FOR 569.19
16 FEET TO THE SW CORNER OF PARCEL ONE, ACCORDING
17 TO DEED BOOK 136, PAGE 63 OF THE PUBLIC RECORDS
18 OF ST. JOHNS COUNTY, FLORIDA; THENCE S
19 84°01'14" E ALONG THE SOUTHERLY LINE OF SAID
20 PARCEL ONE AND THE EASTERLY PROLONGATION
21 THEREOF FOR 1675.34 FEET TO THE NORTHEAST
22 CORNER OF PARCEL 4, ACCORDING TO DEED BOOK 136,
23 PAGE 64 OF THE PUBLIC RECORDS OF ST. JOHNS
24 COUNTY, FLORIDA; THENCE S 85°12'38" E ALONG THE
25 SOUTHERLY LINE OF SAID SECTION 37 FOR 300.00
26 FEET TO THE POINT OF BEGINNING OF THE
27 HEREINAFTER DESCRIBED 50.00 FOOT ROAD RIGHT OF
28 WAY; THE FOLLOWING EIGHT (8) COURSES BEING
29 ALONG THE CENTERLINE OF THE 50.00 FOOT ROAD
30 RIGHT OF WAY; (1) THENCE N 02°30'00" E FOR
31 180.00 FEET TO A POINT OF CURVATURE; (2) THENCE
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Florida House of Representatives - 1998 HB 4691
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1 NORTHWESTERLY ALONG A 100.00 FOOT RADIUS CURVE
2 LEADING TO THE LEFT THROUGH A CENTRAL ANGLE OF
3 87°30'00" FOR AN ARC OF 152.72 FEET TO A POINT
4 OF TANGENCY; (3) THENCE N 85°00'00" W FOR
5 700.00 FEET; (4) THENCE N 89°45'00" W, FOR
6 290.00 FEET TO A POINT OF CURVATURE; (5) THENCE
7 NORTHERLY ALONG A 100.00 FOOT RADIUS CURVE
8 LEADING TO THE RIGHT THROUGH A CENTRAL ANGLE OF
9 79°15'00" FOR AN ARC OF 138.32 FEET TO A POINT
10 OF TANGENCY; (6) THENCE N 10°30'00" W FOR
11 515.00 FEET TO A POINT OF CURVATURE; (7) THENCE
12 NORTHWESTERLY ALONG A 100.00 FOOT RADIUS CURVE
13 LEADING TO THE LEFT THROUGH A CENTRAL ANGLE OF
14 37°00'00' FOR AN ARC OF 64.58 FEET TO A POINT
15 OF TANGENCY; (8) THENCE N 47°30'00" W FOR 120
16 FEET MORE OR LESS TO A POINT ON THE CENTERLINE
17 OF AN EXISTING COUNTY ROAD, SAID POINT BEING
18 ALSO THE POINT OF TERMINATION OF SAID 50 FOOT
19 ROAD RIGHT OF WAY. THE SIDE LINES OF THE ABOVE
20 DESCRIBED 50.00 FOOT WIDE ROAD RIGHT OF WAY ARE
21 TO BE LENGTHENED OR SHORTENED AS MAY BE
22 NECESSARY TO MAINTAIN A 50.00 FOOT RIGHT OF WAY
23 ALONG THE DESCRIBED CENTERLINE.
24
25 ALL LYING AND BEING IN ST. JOHNS COUNTY,
26 FLORIDA, AND CONTAINING 2.5 ACRES.
27
28 Section 5. Except as specifically reenacted herein,
29 chapters 81-481, 82-294, 83-509, 87-502, and 89-505, Laws of
30 Florida, are hereby repealed.
31
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Florida House of Representatives - 1998 HB 4691
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1 Section 6. This act shall take effect upon becoming a
2 law.
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