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:

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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:

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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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    Florida House of Representatives - 1998                HB 4691

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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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    Florida House of Representatives - 1998                HB 4691

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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.

  6

  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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  1

  2         CONTAINING 5.524 ACRES, MORE OR LESS.

  3

  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:

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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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