House Bill 4691er

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    ENROLLED

    1998 Legislature                      HB 4691, First Engrossed



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  2         An act relating to Flagler Estates Road and

  3         Water Control District, St. Johns and Flagler

  4         Counties, an independent special district,

  5         created under chapter 298, Florida Statutes;

  6         reenacting by codified charter all special acts

  7         for the district relating to the creation,

  8         organization, authority, landowners' meeting

  9         quorum, notification of landowners' meeting,

10         and boundaries of the road and water control

11         district; providing for the subsequent repeal

12         of all individual special acts pertaining to

13         the district including chapters 81-481, 82-294,

14         83-509, 87-502, and 89-505, Laws of Florida,

15         and in furtherance of the purposes and intent

16         of chapter 298, Florida Statutes, to include

17         substantive changes to clarify the powers and

18         duties of the district by defining the road

19         authority; authorizing the district to make its

20         surplus real property available to the public

21         for passive use; permitting the district to

22         enter into lease or interlocal agreements with

23         other governmental entities for the operation

24         and/or maintenance of such passive use areas

25         within the district boundaries; providing an

26         effective date.

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28  Be It Enacted by the Legislature of the State of Florida:

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30         Section 1.  This is the Codified Charter for Flagler

31  Estates Road and Water Control District, an independent


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    ENROLLED

    1998 Legislature                      HB 4691, First Engrossed



  1  special district, that consolidates the Final Judgment

  2  Incorporating the district, and a subsequent Circuit Court

  3  Order extending boundaries, with all special acts of the

  4  district, and further clarifies the powers and duties of the

  5  district.

  6         Section 2.  Flagler Estates Road and Water Control

  7  District originally was named "Sixteen Mile Creek Water

  8  Control District" when it was created as a public corporation

  9  by Final Judgment of the Seventh Judicial Circuit Court, St.

10  Johns County, Florida, on June 4, 1971, as recorded in O.R.

11  194, page 344, Public Records of St. Johns County, Florida, in

12  Case # 2154.

13         Section 3.  Chapters 81-481, 82-294, 83-509, 87-502,

14  and 89-505, Laws of Florida are codified, reenacted, amended,

15  and repealed as herein provided.

16         Section 4.  The Flagler Estates Road and Water Control

17  District is recreated and reenacted to read:

18         Section 1.  Powers and authority.--The drainage

19  district originally was empowered to accept and maintain

20  drainage improvements already in existence and to operate

21  pursuant to the general drainage laws of chapter 298, Florida

22  Statutes. In addition to the powers provided for in chapter

23  298, Florida Statutes, in 1981 the district was granted the

24  power to maintain roadways and roads necessary and convenient

25  for the exercise of the powers or duties or any of the powers

26  or duties of said district; and in furtherance of the purposes

27  and intent of chapter 298, Florida Statutes, to maintain

28  streets, roadways, and roads necessary and convenient to

29  provide access to and efficient development of areas made

30  suitable and available for cultivation and settlement, urban

31  and suburban, and other beneficial use and development as a


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    1998 Legislature                      HB 4691, First Engrossed



  1  result of the drainage, irrigation, and reclamation operations

  2  of the district for the lands only within the boundaries of

  3  the district situated in St. Johns County. This road authority

  4  geographically was expanded in 1982 to include the lands

  5  within the boundaries of the district situated in Flagler

  6  County as well as a component of the district's road

  7  maintenance authority within the district boundaries. This

  8  authority is hereby specified to include, but not be limited

  9  to, street lighting, road striping, reconstruction, and any

10  other safety features or improvements customary to a modern

11  road system. Surplus real property owned by the district can

12  be made available to the public for passive use and the

13  district is authorized to enter into lease or interlocal

14  agreements with other governmental entities for the operation

15  and/or maintenance of such passive use areas within the

16  district boundaries.

17         Section 2.  Landowners' meeting; quorum and

18  notification of landowners' meeting.--A quorum for the

19  landowners' meeting is the owners of land in the district

20  present in person or voting by proxy for the purpose of

21  holding elections and voting on any matters that may come

22  properly before the meetings. Landowners must be notified by

23  first class mail of a landowners' meeting.

24         Section 3.  Boundaries.--The district boundaries

25  originally were established in the Final Judgment

26  Incorporating the Drainage District by the Seventh Judicial

27  Circuit Court, St. Johns County, Florida, on June 4, 1971, as

28  recorded in O.R. 194, page 344, Public Records of St. Johns

29  County, Florida, in Case # 2154 and as subsequently extended

30  by Order of the Seventh Judicial Circuit Court, St. Johns

31  County, Florida, on August 16, 1972, as recorded in O.R. 194,


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    1998 Legislature                      HB 4691, First Engrossed



  1  page 344, and O.R. 224, page 26, Public Records of St. Johns

  2  County, Florida, in Case # 2154. Several Special Acts further

  3  adjusted the district boundaries. Section 2 of chapter 81-481,

  4  Laws of Florida, extended district boundaries into St. Johns

  5  County; section 3 of chapter 81-481, Laws of Florida, removed

  6  lands from Hastings Drainage District; section 2 of chapter

  7  82-294, Laws of Florida, extended district boundaries in

  8  Flagler County; and chapter 89-505, Laws of Florida, reduced

  9  the size of the district in St. Johns County. The consolidated

10  legal description of the boundaries of the district is:

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12         THAT PORTION OF TOWNSHIP 10 SOUTH, RANGE 28

13         EAST, LYING AND BEING IN ST. JOHNS AND FLAGLER

14         COUNTIES, FLORIDA, DESCRIBED AS FOLLOWS:

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16         BEGIN AT THE NORTHEAST CORNER OF SAID TOWNSHIP

17         10 SOUTH, RANGE 28 EAST; THENCE RUN SOUTHERLY

18         ALONG THE EAST LINE OF SAID TOWNSHIP 10 SOUTH,

19         RANGE 28 EAST TO THE SOUTHEAST CORNER OF

20         SECTION 24; THENCE RUN WESTERLY ALONG THE SOUTH

21         LINE OF SAID SECTION 24 TO THE NORTHEAST CORNER

22         OF SECTION 26; THENCE RUN SOUTHERLY ALONG THE

23         EAST LINE OF SAID SECTION 26 TO THE NORTHERLY

24         RIGHT OF WAY LINE OF THE FLORIDA EAST COAST

25         RAILROAD; THENCE RUN NORTHWESTERLY ALONG SAID

26         NORTHERLY RIGHT OF WAY LINE OF THE FLORIDA EAST

27         COAST RAILROAD TO THE SOUTH LINE OF SECTION 22;

28         THENCE RUN WESTERLY ALONG THE SAID SOUTH LINE

29         OF SECTION 22 TO THE SOUTHWEST CORNER THEREOF;

30         THENCE RUN NORTHERLY ALONG THE WEST LINE OF

31         SAID SECTION 22 TO THE SAID NORTHERLY RIGHT OF


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    1998 Legislature                      HB 4691, First Engrossed



  1         WAY LINE OF THE FLORIDA EAST COAST RAILROAD;

  2         THENCE RUN NORTHWESTERLY ALONG THE SAID

  3         NORTHERLY RIGHT OF WAY LINE OF THE FLORIDA EAST

  4         COAST RAILROAD TO THE WEST LINE OF THE EAST 1/2

  5         OF THE NORTHWEST 1/4 OF SECTION 21; THENCE RUN

  6         NORTHERLY ALONG THE SAID WEST LINE OF THE EAST

  7         1/2 OF THE NORTHWEST 1/4 TO THE SOUTH LINE OF

  8         SECTION 16; THENCE RUN WESTERLY ALONG THE SAID

  9         SOUTH LINE OF SECTION 16 TO THE SOUTHEAST

10         CORNER OF SECTION 17; THENCE RUN WESTERLY ALONG

11         THE SOUTH LINE OF SAID SECTION 17 TO THE

12         SOUTHWEST CORNER OF THE EAST 1/4 OF SAID

13         SECTION 17; THENCE RUN NORTHERLY ALONG THE WEST

14         LINE OF THE EAST 1/4 OF SAID SECTION 17 AND

15         ALONG THE WEST LINE OF THE EAST 1/4 OF SECTION

16         8 TO THE NORTH LINE OF SAID SECTION 8; THENCE

17         RUN EASTERLY ALONG THE NORTH LINE OF SAID

18         SECTION 8 AND ALONG THE NORTH LINE OF SECTION 9

19         TO THE SOUTHWEST CORNER OF SECTION 3; THENCE

20         RUN NORTHERLY ALONG THE WEST LINE OF SAID

21         SECTION 3 TO THE NORTHWEST CORNER OF U.S.

22         GOVERNMENT LOT 3 OF SAID SECTION 3; THENCE RUN

23         EASTERLY ALONG THE NORTH LINES OF U.S.

24         GOVERNMENT LOTS 3 AND 4 OF SAID SECTION 3 TO

25         THE NORTHEAST CORNER OF SAID LOT 4; THENCE RUN

26         S 0°12'38" E FOR A DISTANCE OF 12.54 FEET;

27         THENCE RUN 88°27'38" E FOR A DISTANCE OF 363.00

28         FEET; THENCE RUN N 5°12'38" W FOR A DISTANCE OF

29         458 FEET, MORE OR LESS, TO THE SOUTHERLY LINE

30         OF THE GEO. I.F. CLARKE GRANT, SECTION 37;

31         THENCE RUN EASTERLY ALONG SAID SOUTHERLY LINE


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    1998 Legislature                      HB 4691, First Engrossed



  1         OF THE GEO. I.F. CLARKE GRANT TO THE RUN OF

  2         DEEP CREEK; THENCE RUN NORTHERLY DOWN THE RUN

  3         OF SAID DEEP CREEK TO THE NORTH LINE OF

  4         TOWNSHIP 10 SOUTH, RANGE 28 EAST; THENCE RUN

  5         EASTERLY ALONG THE SAID NORTH LINE OF TOWNSHIP

  6         10 SOUTH, RANGE 28 EAST TO THE POINT OF

  7         BEGINNING.

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  9         ALSO THE CANAL 5A, DESCRIBED AS FOLLOWS:

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11         A STRIP OF LAND 60 FEET IN WIDTH BEING A

12         PORTION OF THE GEO. I.F. CLARKE GRANT, LYING

13         AND BEING IN SECTION 38, TOWNSHIP 9 SOUTH,

14         RANGE 28 EAST, ST. JOHNS COUNTY, FLORIDA, SAID

15         STRIP LYING 30.00 FEET ON EACH SIDE OF AND

16         CONTIGUOUS WITH THE FOLLOWING DESCRIBED

17         CENTERLINE:

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19         COMMENCE AT THE SOUTHWEST CORNER OF SAID

20         SECTION 38; THENCE RUN S 87°12'24" E, ALONG THE

21         SOUTH LINE OF SAID SECTION 38, FOR 30.01 FEET

22         TO THE POINT OF BEGINNING OF THE FOLLOWING

23         DESCRIBED CENTERLINE; THENCE RUN N 04°18'32" E,

24         ALONG A LINE PARALLEL WITH AND 30.00 FEET

25         EASTERLY OF THE WEST LINE OF SAID SECTION 38,

26         FOR 2261.05 FEET; THENCE RUN N 54°03'48" E FOR

27         1118.15 FEET; THENCE RUN N 00°38'15" E FOR

28         395.40 FEET; THENCE RUN N 69°33'35" E FOR

29         236.03 FEET TO A POINT OF TERMINATION BEING ON

30         THE WESTERLY LINE OF THE SIXTEEN MILE CREEK

31         CANAL FOREBAY, AS DESCRIBED IN OFFICIAL RECORDS


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    1998 Legislature                      HB 4691, First Engrossed



  1         BOOK 224 AT PAGES 31 AND 32 OF THE PUBLIC

  2         RECORDS OF ST. JOHNS COUNTY, FLORIDA.

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  4         CONTAINING 5.524 ACRES, MORE OR LESS.

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  6         AND ALSO A 50 FOOT ROAD RIGHT OF WAY, DESCRIBED

  7         AS FOLLOWS:

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  9         BEING PORTIONS OF SECTION 37, TOWNSHIP 10

10         SOUTH, RANGE 28 EAST, AND SECTION 38, TOWNSHIP

11         9 SOUTH, RANGE 28 EAST, ST. JOHNS COUNTY,

12         FLORIDA, AND BEING MORE FULLY DESCRIBED AS

13         FOLLOWS:

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15         COMMENCE AT THE SOUTHWEST CORNER OF SAID

16         SECTION 37; THENCE S 85°45'20" E ALONG THE

17         SOUTHERLY LINE OF SAID SECTION 37 FOR 569.19

18         FEET TO THE SW CORNER OF PARCEL ONE, ACCORDING

19         TO DEED BOOK 136, PAGE 63 OF THE PUBLIC RECORDS

20         OF ST. JOHNS COUNTY, FLORIDA; THENCE S

21         84°01'14" E ALONG THE SOUTHERLY LINE OF SAID

22         PARCEL ONE AND THE EASTERLY PROLONGATION

23         THEREOF FOR 1675.34 FEET TO THE NORTHEAST

24         CORNER OF PARCEL 4, ACCORDING TO DEED BOOK 136,

25         PAGE 64 OF THE PUBLIC RECORDS OF ST. JOHNS

26         COUNTY, FLORIDA; THENCE S 85°12'38" E ALONG THE

27         SOUTHERLY LINE OF SAID SECTION 37 FOR 300.00

28         FEET TO THE POINT OF BEGINNING OF THE

29         HEREINAFTER DESCRIBED 50.00 FOOT ROAD RIGHT OF

30         WAY; THE FOLLOWING EIGHT (8) COURSES BEING

31         ALONG THE CENTERLINE OF THE 50.00 FOOT ROAD


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    1998 Legislature                      HB 4691, First Engrossed



  1         RIGHT OF WAY; (1) THENCE N 02°30'00" E FOR

  2         180.00 FEET TO A POINT OF CURVATURE; (2) THENCE

  3         NORTHWESTERLY ALONG A 100.00 FOOT RADIUS CURVE

  4         LEADING TO THE LEFT THROUGH A CENTRAL ANGLE OF

  5         87°30'00" FOR AN ARC OF 152.72 FEET TO A POINT

  6         OF TANGENCY; (3) THENCE N 85°00'00" W FOR

  7         700.00 FEET; (4) THENCE N 89°45'00" W, FOR

  8         290.00 FEET TO A POINT OF CURVATURE; (5) THENCE

  9         NORTHERLY ALONG A 100.00 FOOT RADIUS CURVE

10         LEADING TO THE RIGHT THROUGH A CENTRAL ANGLE OF

11         79°15'00" FOR AN ARC OF 138.32 FEET TO A POINT

12         OF TANGENCY; (6) THENCE N 10°30'00" W FOR

13         515.00 FEET TO A POINT OF CURVATURE; (7) THENCE

14         NORTHWESTERLY ALONG A 100.00 FOOT RADIUS CURVE

15         LEADING TO THE LEFT THROUGH A CENTRAL ANGLE OF

16         37°00'00' FOR AN ARC OF 64.58 FEET TO A POINT

17         OF TANGENCY; (8) THENCE N 47°30'00" W FOR 120

18         FEET MORE OR LESS TO A POINT ON THE CENTERLINE

19         OF AN EXISTING COUNTY ROAD, SAID POINT BEING

20         ALSO THE POINT OF TERMINATION OF SAID 50 FOOT

21         ROAD RIGHT OF WAY. THE SIDE LINES OF THE ABOVE

22         DESCRIBED 50.00 FOOT WIDE ROAD RIGHT OF WAY ARE

23         TO BE LENGTHENED OR SHORTENED AS MAY BE

24         NECESSARY TO MAINTAIN A 50.00 FOOT RIGHT OF WAY

25         ALONG THE DESCRIBED CENTERLINE.

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27         ALL LYING AND BEING IN ST. JOHNS COUNTY,

28         FLORIDA, AND CONTAINING 2.5 ACRES.

29

30         Section 5.  Chapters 81-481, 82-294, 83-509, 87-502,

31  and 89-505, Laws of Florida, are hereby repealed.


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    ENROLLED

    1998 Legislature                      HB 4691, First Engrossed



  1         Section 6.  This act shall take effect upon becoming a

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