House Bill hb1015

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    Florida House of Representatives - 2002                HB 1015

        By Representative Ritter






  1                      A bill to be entitled

  2         An act relating to Broward County; extending

  3         and enlarging the corporate limits of the City

  4         of Deerfield Beach and the City of Pompano

  5         Beach to include specified unincorporated lands

  6         within said corporate limits; providing for a

  7         referendum; providing an effective date.

  8

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

10

11         Section 1.  The legal description for the

12  unincorporated neighborhoods of Bonnie Loch, Tallman Pines,

13  Tedder, and Woodsetter is as follows:

14

15         That portion of Sections 11, 13 and 14 Township

16         48 South, Range 42 East, Broward County,

17         Florida, described as follows:

18

19         BEGINNING at the intersection of the centerline

20         of N.W. 36 Street (Sample Road) with the

21         Easterly right-of-way line of the Seaboard

22         Coastline Railroad, being a point on the

23         municipal boundary of the City of Pompano

24         Beach, as described in Chapter 2000-458, Laws

25         of Florida;

26

27         Thence Northeasterly along said municipal

28         boundary and along said Easterly right-of-way

29         line to the North right-of-way line of Sample

30         Road, as described in said Chapter 2000-458,

31         Laws of Florida;

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  1

  2         Thence Westerly along said North right-of-way

  3         line and said municipal boundary to the

  4         Westerly right-of-way line of the Seaboard

  5         Coastline Railroad, being a point on the

  6         municipal boundary of the City of Deerfield

  7         Beach, as described in Chapter 99-471, Laws of

  8         Florida;

  9

10         Thence along said municipal boundary the

11         following two courses;

12

13         Thence Northeasterly along said Westerly

14         right-of-way line, to the South right-of-way

15         line of N.W./N.E. 48 Street (Green Road);

16

17         Thence Easterly along said South right-of-way

18         line to the Easterly right-of-way line of the

19         Florida East Coast Railway;

20

21         Thence Southwesterly along said Easterly

22         right-of-way line to the centerline of N.E. 36

23         Street (Sample Road);

24

25         Thence Westerly along said centerline of

26         N.E./N.W. 36 Street (Sample Road) to the POINT

27         OF BEGINNING.

28

29         Section 2.  An election shall be scheduled by the Board

30  of County Commissioners of Broward County in accordance with

31  the provisions of law relating to elections currently in force

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    Florida House of Representatives - 2002                HB 1015

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  1  in Broward County on November 5, 2002. Only registered voters

  2  residing in the unincorporated area as described in section 1

  3  may vote in said election. A mail ballot shall not be used in

  4  said election.

  5         Section 3.  The municipality receiving the majority of

  6  votes in the election as described in section 2 shall have all

  7  powers and responsibilities as provided in section 171.062,

  8  Florida Statutes, except as provided in this act as of the

  9  effective dates of annexation.

10         Section 4.  Upon annexation into a municipality, the

11  following shall govern the areas described in section 1, as

12  provided in this act: for any use, building, or structure that

13  is legally in existence at the time a portion of the area

14  described in section 1 becomes a part of a municipality, such

15  use shall not be made a prohibited use by the municipality, on

16  the property of said use, for as long as the use shall

17  continue and is not voluntarily abandoned.

18         Section 5.  Subsequent to the effective date of this

19  act, no change in land use designation or zoning shall be

20  effective within the limits of the lands subject to annexation

21  herein, until said portion of the areas described in section 1

22  has been annexed into a municipality, pursuant to this act.

23         Section 6.  All public roads and the public

24  rights-of-way associated therewith, lying within the limits of

25  the lands subject to annexation herein, as described in

26  section 1, are transferred from Broward County jurisdiction to

27  the jurisdiction of the annexing municipality.

28         Section 7.  The legal description for the Pompano Beach

29  Highlands is as follows:

30

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  1         A portion of Sections 12 and 13, Township 48

  2         South, Range 42 East; and a portion of Sections

  3         7 and 18, Township 48 South, Range 43 East,

  4         Broward County, Florida, described as follows:

  5

  6         BEGINNING at the intersection of the South

  7         right-of-way line of SE 15 Street (NE 54

  8         Street), being a point on the municipal

  9         boundary of the City of Deerfield Beach, as

10         established by Chapter 70-647, Laws of Florida,

11         with the Westerly right-of-way line of Federal

12         Highway, State Road No.5 (U.S. No. 1), being a

13         point on the municipal boundary of the City of

14         Lighthouse Point, as established by Chapter

15         70-783, Laws of Florida,

16

17         THENCE Southwesterly along said Westerly

18         right-of-way line, as established by Chapter

19         70-783 and continuing Southwesterly along the

20         Westerly right-of-way line of Federal Highway,

21         State Road No.5 (U.S. No.1), also being along

22         the municipal boundary of the City of

23         Lighthouse Point, as established by Chapter

24         70-784, Laws of Florida, to the centerline of

25         NE 36 Street (Sample Road);

26

27         THENCE Westerly along said centerline also

28         being along the municipal boundary of the City

29         of Pompano Beach, as established by Chapter

30         2000-476, Laws of Florida to the East

31

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  1         right-of-way line of the Florida East Coast

  2         Railway;

  3

  4         THENCE Northeasterly along said East

  5         right-of-way line, a portion of which is along

  6         the municipal boundary of the City of Deerfield

  7         Beach, as established by Chapter 99-471, Laws

  8         of Florida, to the South line of Parcel "A",

  9         MORGAN PLAT NO. 1, according to the plat

10         thereof as recorded in Plat Book 110, Page 42,

11         of the Public Records of Broward County,

12         Florida;

13

14         THENCE along the municipal boundary of the City

15         of Deerfield Beach, as established by Ordinance

16         1985/24, City of Deerfield Beach, the following

17         two (2) courses;

18

19         THENCE Easterly along the said South line of

20         Parcel "A" to the East line of said Parcel "A";

21

22         THENCE Northerly along said East line to the

23         intersection with the East right-of-way line of

24         N E 13th Way, as shown on said MORGAN PLAT NO.

25         1;

26

27         THENCE along the municipal boundary of the City

28         of Deerfield Beach, as established by Chapter

29         99-471, Laws of Florida, the following three

30         (3) courses;

31

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  1         THENCE Northerly along the said East

  2         right-of-way line to the North line of Parcel

  3         "B" of said MORGAN PLAT NO. 1;

  4

  5         THENCE Easterly along said North line to the

  6         East line of said Parcel "B";

  7

  8         THENCE Northerly along the Northerly extension

  9         of said East line to the South right-of-way

10         line of SW 15 Street (NE 54 Street), as

11         established by aforesaid Chapter 70-647, Laws

12         of Florida;

13

14         THENCE Easterly along said South right-of-way

15         line to the POINT OF BEGINNING.

16

17         Section 8.  An election shall be scheduled by the Board

18  of County Commissioners of Broward County in accordance with

19  the provisions of law relating to elections currently in force

20  in Broward County on November 5, 2002. Only registered voters

21  residing in the unincorporated area as described in section 7

22  may vote in said election. A mail ballot shall not be used in

23  said election.

24         Section 9.  The municipality receiving the majority of

25  votes in the election as described in section 8 shall have all

26  powers and responsibilities as provided in section 171.062,

27  Florida Statutes, except as provided in this act as of the

28  effective dates of annexation.

29         Section 10.  Upon annexation into a municipality, the

30  following shall govern the areas described in section 7, as

31  provided in this act: for any use, building, or structure that

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  1  is legally in existence at the time a portion of the area

  2  described in section 7 becomes a part of a municipality, such

  3  use shall not be made a prohibited use by the municipality, on

  4  the property of said use, for as long as the use shall

  5  continue and is not voluntarily abandoned.

  6         Section 11.  Subsequent to the effective date of this

  7  act, no change in land use designation or zoning shall be

  8  effective within the limits of the lands subject to annexation

  9  herein, until said portion of the areas described in section 7

10  has been annexed into a municipality, pursuant to this act.

11         Section 12.  All public roads and the public

12  rights-of-way associated therewith, lying within the limits of

13  the lands subject to annexation herein, as described in

14  section 7, are transferred from Broward County jurisdiction to

15  the jurisdiction of the annexing municipality.

16         Section 13.  The legal description for the

17  unincorporated neighborhoods of Kendall Green, Leisureville,

18  and Loch Lomond are as follows:

19

20         BEGINNING at the intersection of the Easterly

21         right-of-way line of the Florida East Coast

22         Railway as described in Ordinance No. 80-38 of

23         the City Commission of the City of Pompano

24         Beach with the South right-of-way line of N.E.

25         24 Street (Copans Road), as described in said

26         Ordinance No. 80-38;

27

28         Thence Northwesterly and Westerly along said

29         South right-of-way line and along the municipal

30         boundary of the City of Pompano Beach, as

31         described in said Ordinance No. 80-38, through

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  1         said Section 25 and into said Section 26, to

  2         the East line of the West half of said Section

  3         26;

  4

  5         Thence Northerly along said East line and along

  6         the municipal boundary of the City of Pompano

  7         Beach, as described in Chapter 69-1513, Laws of

  8         Florida, to the North line of the West One-Half

  9         (W 1/2) of said Section 26;

10

11         Thence Westerly along said North line, the

12         South line of the Southeast One-Quarter (SE

13         1/4) of said Section 22 and along said

14         municipal boundary, to the Easterly

15         right-of-way line of the Seaboard Coastline

16         Railroad;

17

18         Thence Northeasterly along said Easterly

19         right-of-way line and along the municipal

20         boundary of the City of Pompano Beach, as

21         described in Chapter 2000-458, Laws of Florida,

22         to the Westerly right-of-way line of Interstate

23         95 (State Road No. 9) as shown on Florida

24         Department of Transportation Right-of-way Map

25         (Section 86070-2413);

26

27         Thence North 88°30'27" East along said Westerly

28         right-of-way line and the South line of a

29         parcel described in Ordinance No. 90-53 of the

30         City Commission of the City of Pompano Beach,

31         Florida, a distance of 277.01 feet;

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  1

  2         Thence North 59°00'27" East along said Westerly

  3         right-of-way line and the Southerly line of

  4         said parcel, a distance of 88.64 feet;

  5

  6         Thence North 29°30'27" East along said Westerly

  7         right-of-way line and the Easterly line of said

  8         parcel, a distance of 435.76 feet to the point

  9         of curvature of a curve concave to the

10         Southeast;

11

12         Thence Northeasterly along said Westerly

13         right-of-way line and the Easterly line of a

14         parcel described in Ordinance No.90-54 of the

15         City Commission of the City of Pompano Beach,

16         Florida, and along the arc of said curve,

17         having a radius of 772.00 feet and a central

18         angle of 43°27'07", an arc distance of 585.47

19         feet to a point of tangency;

20

21         Thence along the boundary of said parcel

22         described in said Ordinance No. 90-54, the

23         following 12 courses;

24

25         North 73°03'48" East along said Westerly

26         right-of-way line, a distance of 679.79 feet to

27         the point of curvature of a curve concave to

28         the Northwest;

29

30         Northeasterly along said Westerly right-of-way

31         line and the arc of said curve, having a radius

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  1         of 901.74 feet and a central angle of

  2         31°24'05", an arc distance of 494.20 feet to a

  3         point of tangency;

  4

  5         North 41°39'43" East along said Westerly

  6         right-of-way line, a distance of 474.37 feet;

  7

  8         North 37°39'43" East along said Westerly

  9         right-of-way line, a distance of 929.07 feet to

10         a point of curvature of a curve concave to the

11         Northwest;

12

13         Northeasterly along the Westerly right-of-way

14         line and the arc of said curve, having a radius

15         of 3300.52 feet, a central angle of 03°19'12",

16         an arc distance of 191.25 feet to the North

17         line of the Southwest One-Quarter (SW 1/4) of

18         said Section 23;

19

20         South 88°36'48" West along said North line, a

21         distance of 1242.61 feet to the East line of

22         the West One-Half (W 1/2) of the Northwest

23         One-Quarter (NW 1/4) of said Section 23;

24

25         North 01°31'35" West along said East line, a

26         distance of 1960.40 feet to the North line of

27         the South One-Half (W 1/2) of the Northwest

28         One-Quarter (NW 1/4) of the Northwest

29         One-Quarter (NW 1/4) of said Section 23;

30

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  1         South 88°40'22" West along said North line, a

  2         distance of 564.24 feet;

  3

  4         North 01°17'56" West, a distance of 153.74

  5         feet;

  6

  7         South 88°42'03" West, a distance of 100.00

  8         feet;

  9

10         South 01°17'56" East, a distance of 208.79 feet

11         to a line 55.00 feet South of and parallel with

12         the North line of the South One-Half (S 1/2) of

13         the Northwest One-Quarter (NW 1/4) of the

14         Northwest One-Quarter (NW 1/4) of said Section

15         23;

16

17         South 88°40'22" West along said parallel line,

18         a distance of 285.52 feet to the Easterly

19         right-of-way line of the Seaboard Coastline

20         Railroad, being a point on the municipal

21         boundary of the City of Pompano Beach, as

22         described in Chapter 2000-458, Laws of Florida;

23

24         Thence Northeasterly along said municipal

25         boundary and along said Easterly right-of-way

26         line to the centerline of N.W. 36 Street

27         (Sample Road);

28

29         Thence Easterly along said centerline to the

30         Easterly right-of-way line of the Florida East

31         Coast Railway, being a point on the municipal

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  1         boundary of the City of Pompano Beach, as

  2         described in Chapter 2000-476, Laws of Florida;

  3

  4         Thence Southwesterly along said Easterly

  5         right-of-way line and along said municipal

  6         boundary to the POINT OF BEGINNING.

  7

  8         Section 14.  An election shall be scheduled by the

  9  Board of County Commissioners of Broward County in accordance

10  with the provisions of law relating to elections currently in

11  force in Broward County on November 5, 2002. Only registered

12  voters residing in the unincorporated area as described in

13  section 13 may vote in said election. A mail ballot shall not

14  be used in said election.

15         Section 15.  The municipality receiving the majority of

16  votes in the election as described in section 14 shall have

17  all powers and responsibilities as provided in section

18  171.062, Florida Statutes, except as provided in this act as

19  of the effective dates of annexation.

20         Section 16.  Upon annexation into a municipality, the

21  following shall govern the areas described in section 13, as

22  provided in this act: for any use, building, or structure that

23  is legally in existence at the time a portion of the area

24  described in section 13 becomes a part of a municipality, such

25  use shall not be made a prohibited use by the municipality, on

26  the property of said use, for as long as the use shall

27  continue and is not voluntarily abandoned.

28         Section 17.  Subsequent to the effective date of this

29  act, no change in land use designation or zoning shall be

30  effective within the limits of the lands subject to annexation

31

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  1  herein, until said portion of the areas described in section

  2  13 has been annexed into a municipality, pursuant to this act.

  3         Section 18.  All public roads and the public

  4  rights-of-way associated therewith, lying within the limits of

  5  the lands subject to annexation herein, as described in

  6  section 13, are transferred from Broward County jurisdiction

  7  to the jurisdiction of the annexing municipality.

  8         Section 19.  This act shall take precedence over any

  9  other enacted law.

10         Section 20.  This act shall take effect upon becoming a

11  law.

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