Senate Bill sb2324

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    Florida Senate - 2002        (NP)                      SB 2324

    By Senators Burt and King





    16-1067-02

  1                      A bill to be entitled

  2         An act relating to Volusia County; extending

  3         the corporate limits of the City of South

  4         Daytona and the City of Port Orange; providing

  5         for the annexation of certain unincorporated

  6         areas lying between the City of South Daytona

  7         and the City of Port Orange; providing an

  8         effective date.

  9

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

11

12         Section 1.  The Legislature finds that there are small,

13  unincorporated areas located between the City of South Daytona

14  and the City of Port Orange which create significant

15  growth-management and local-government-service problems for

16  both of these cities as well as Volusia County.

17         Section 2.  The Legislature further finds that Volusia

18  County, the City of South Daytona, and the City of Port Orange

19  have agreed that these unincorporated areas should be annexed

20  into the cities.

21         Section 3.  The Legislature further finds that the City

22  of South Daytona has held multiple public meetings, and the

23  City of Port Orange has agreed to meet separately with each

24  property owner, to provide the residents and property owners

25  within the areas to be annexed with information regarding the

26  effects of such annexation on matters such as the cost and

27  delivery of governmental services, the application and

28  enforcement of the comprehensive plan and building codes, and

29  other relevant matters. These meetings also provided a forum

30  for members of the public to ask questions and express their

31  views regarding the proposed annexation.

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    Florida Senate - 2002        (NP)                      SB 2324
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  1         Section 4.  The following described parcels are annexed

  2  into the corporate limits of the City of South Daytona, and

  3  the corporate limits of the City of South Daytona are amended

  4  to incorporate such annexed property:

  5

  6         DWAYNE/BROOKS AREA (approx. 10.5 acres) Legal

  7         Description of the Dwayne/Brooks Property on

  8         Sauls Street)

  9

10         (1)  The Dwayne Property is described as the south 230

11  feet of Lot 2 and the north 50 feet of Lot 3, Block 6 of the

12  Dunlawton Subdivision as per the Official Records Book 2, Page

13  0398. The Dwayne Property is approximately 4.0 acres.

14         (2)  The Brooks Property Legal Description is Lot 2

15  except for the south 230 feet of Block 6, Dunlawton

16  Subdivision, containing 6.5 acres. Both parcels combined total

17  approximately 10.5 acres.

18

19         ALICE AVE. R/W-SOUTH OF ORCHARDS AREA (approx.

20         4.5 acres) (Legal Description for the Parcel of

21         Property between Alice Ave. & South Side of the

22         Orchards Phase II Subdivision)

23

24  Legal Description being the southerly 264 feet of Lot 3, Block

25  7 of the Dunlawton Subdivision as per the Official Records

26  Book 2, Page 0398 including the 30-foot width of Alice Avenue

27  right-of-way bordering Lot 3, Block 7 of the Dunlawton

28  Subdivision, containing 4.5 acres.

29

30         KLENK LANDFILL (approx. 9.3 acres) (Legal

31         Description for the Parcel Abutting the South

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    Florida Senate - 2002        (NP)                      SB 2324
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  1         R/W Line of Alice Ave. South of the Orchards 1

  2         Subdivision)

  3

  4  Legal Description being Lot 1 Block 10 of the Dunlawton

  5  Subdivision as per the Official Records Book 3564, Page 0920

  6

  7         CARTER PROPERTIES NEXT TO NOVA RD. (approx. 5.1

  8         acres) (Legal Description of the 2 Carter

  9         Properties on Nova Road)

10

11  Legal Description being the east 557.03 feet of the southerly

12  line west of Jackson Street of the south 219.47 feet north of

13  Alice Avenue in Lot 3, Block 8 of the Dunlawton Subdivision,

14  including the west 15 feet of the vacated Jackson Street

15  right-of-way as per OR Book 3995, Page 2101 and the east

16  559.03 feet on the northerly line west of Jackson Street of

17  the north 219.47 feet of the south 438.94 feet north of Alice

18  Avenue in Lot 3, Block 8 of the Dunlawton Subdivision,

19  including the west 15 feet of the vacated Jackson Street

20  right-of-way per OR Book 3995, Page 2101. The total area

21  encompassed by this description is approximately 5.1 acres.

22

23         AREA ON WEST SIDE OF NOVA RD. BETWEEN GODAWA

24         SEPTIC ON SOUTH AND TWIN OAKS MOBILE HOME PARK

25         ON NORTH (approximately 56.4 acres)

26

27  Legal Description including Liberty Village Mobile Home

28  Subdivision, Palm View Subdivision, Walgreen's and Nour/LaFlam

29  Business Parks on Nova Road)

30

31

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    Florida Senate - 2002        (NP)                      SB 2324
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  1  Beginning at a concrete monument marking the Northwest corner

  2  of Lot 4, Block 1, Map of Dunlawton as recorded in Map Book

  3  14, Page 82 and 83; thence North 63°20'29" East a distance of

  4  376.13 feet to a point; thence South 26°55'22" East a distance

  5  of 200.05 feet to a point on the North line of a 20-foot

  6  easement; thence North 63°20'29" East a distance of 194.83

  7  feet to a point, such point being the Intersection of such

  8  line and the westerly right-of-way of Nova Road; thence

  9  Northerly along such right-of-way line as shown by the

10  aforementioned State of Florida right-of-way map, sheet 6 of

11  17 to a point of Intersection of said right-of-way with the

12  Southerly line of Lot 1, Block 8, Map of Dunlawton as recorded

13  in Map Book 14, Pages 82 and 83, and Deed Book M, Page 187 of

14  the Public Records of Volusia County, Florida; thence Easterly

15  along the Southerly line of Lot 1 a distance of 32.43 feet to

16  the Westerly right-of-way line of aforementioned Nova Road;

17  thence northerly along said Westerly right-of-way line as

18  shown by the aforementioned State of Florida right-of-way map

19  sheet 8 of 17, sheet 7 of 17, and sheet 6 of 17 to a point

20  75.01 feet Southerly, as measured along said Westerly

21  right-of-way line, from the Northerly line of Lot 1, Block 8,

22  Map of Dunlawton as recorded in Map Book 14, Pages 82 and 83,

23  and Deed Book M, Page 187 of the Public Records of Volusia

24  County, Florida; thence Westerly, parallel to the Northerly

25  line of Lot 1, Block 8, a distance of 18.33 feet to the

26  Westerly right-of-way line as shown by the aforementioned

27  State of Florida right-of-way map, sheet 6 of 17 and

28  designated as existing right-of-way; thence Northerly along

29  such line to a point of intersection with such right-of-way

30  and the Southerly line of Lot 141 of Blake's Subdivision as

31  recorded in Deed Book "E", Page 150, Map Book 1, Page 38, and

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    Florida Senate - 2002        (NP)                      SB 2324
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  1  Map Book 15, Page 119 of the Public Records of Volusia County;

  2  thence Westerly along such Southerly line of Lot 141 to the

  3  Westerly line of Section 42, Township 15 South, Range 33 East,

  4  being the Southwesterly corner of such Lot 141; thence

  5  Southerly along such Section line to the Southwesterly corner

  6  of such Section, thence Easterly along such Southerly Line of

  7  Section 42, Township 15 south, Range 33 east to a point on the

  8  Northerly right-of-way line of Reed Canal Road. Thence

  9  Easterly along such right-of-way to a point of intersection of

10  said right-of-way and the Westerly line of Section 43,

11  Township 15 south, Range 33 east. Thence Southerly along said

12  Westerly line on Section 43, Township 15 south, Range 33 east

13  to the point of beginning. The total area encompassed by this

14  description is approximately 56.4 acres.

15

16         NORTH AREA ON WEST SIDE OF NOVA RD. (approx. 36

17         acres) (Legal Description of Green Acres,

18         Beckman Mobile Home Subdivision and Twin Oaks

19         Mobile Home Park on Nova Road)

20

21  Beginning at the intersection of the northerly line of Lot 146

22  of Blake's Subdivision as recorded in Deed Book "E", Page 150,

23  Map Book 1, Page 38, and Map Book 15, Page 119 of the Public

24  Records of Volusia County, Florida, and the Westerly line of

25  Section 42, Township 15 South, Range 33 East, being the

26  Northwesterly corner of Lot 146; thence Easterly along the

27  Northerly line of Lot 146 a distance of 1360.46 feet as shown

28  by the official State of Florida right-of-way map for State

29  Road 400 Section 79001-2501, sheet 9 of 17; thence Southerly

30  282.42 feet to a point in the Northerly right-of-way of Connie

31  Place as shown by the map of Beckman Subdivision as recorded

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    Florida Senate - 2002        (NP)                      SB 2324
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  1  in Map Book 39, Page 187 of the Public Records of Volusia

  2  County, Florida, said point being a distance of 57.42 feet as

  3  measured easterly along such Northerly right-of-way line from

  4  the Northwesterly corner of Connie Place; thence Southeasterly

  5  to the point of intersection with the Easterly right-of-way of

  6  Beckman Drive as shown by the map of Beckman Subdivision as

  7  recorded in Map Book 39, Page 187 of the Public Records of

  8  Volusia County, such point being the Point of Curvature of a

  9  curve in the right-of-way of Beckman Drive connecting such

10  right-of-way line to the Southerly right-of-way line of

11  aforementioned Connie Place; thence Southerly along such

12  Easterly right-of-way line of Beckman Drive to the

13  Northeasterly corner of Lot 39, Beckman Subdivision as

14  recorded in Map Book 39, Page 187 of the Public Records of

15  Volusia county; thence Southerly along the Easterly line of

16  Lot 39 to the Northerly line of Lot 143 of Blake's Subdivision

17  as recorded in Deed Book "E", Page 150, Map Book 1, Page 38,

18  and Map Book 15, Page 119 of the Public Records of Volusia

19  County, Florida; thence Easterly along such Northerly line of

20  Lot 143 to the Westerly right-of-way line of aforementioned

21  Nova Road as shown by the aforementioned State of Florida

22  right-of-way map sheet 9 of 17; thence Southerly along such

23  Westerly right-of-way line as shown by the aforementioned

24  State of Florida right-of-way map sheet 9 of 17 and sheet 8 of

25  17 to the Northerly line of Lot 142 of Blake's Subdivision as

26  recorded in Deed Book "E", Page 150, Map Book 1, Page 38, and

27  Map Book 15, Page 119 of the Public Records of Volusia County;

28  thence Westerly along such Northerly line of Lot 142 to the

29  Westerly line of Section 42, Township 15 South, Range 33 East,

30  being the Northwesterly corner of Lot 142; thence Northerly

31  along such Westerly line of Section 42, Township 15 South,

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  1  Range 33 East, to the point of beginning. The total area

  2  encompassed by this description is approximately 36.0 acres.

  3         Section 5.  The following described parcels are annexed

  4  into the corporate limits of the City of Port Orange, and the

  5  corporate limits of the City of Port Orange are amended to

  6  incorporate such annexed property:

  7

  8         ENCLAVE #1

  9

10          The south 50 feet of the east 500 feet of lot

11         2, block 12, map of Dunlawton as recorded in

12         map book 14, pages 82-83 of the public records

13         of Volusia County.

14

15         ENCLAVE #2

16

17         The north  1/2  of lot 2, block 10, map of

18         Dunlawton as recorded in map book 14, pages

19         82-83 of the public records of Volusia County.

20

21         Together with the easterly 15 feet of Dame

22         Street lying south of the easterly extension of

23         the north line of such lot 2 and lying north of

24         the easterly extension of the south line of the

25         north  1/2  of such lot 2.

26

27         ENCLAVE #3

28

29         The west  1/2  of lot 4, block 10, map of

30         Dunlawton as recorded in map book 14, pages

31         82-83 of the public records of Volusia County.

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  1

  2         Together with that portion of Jackson Street

  3         lying south of the westerly extension of the

  4         north line of such lot 4 and north of the

  5         northerly right-of-way line of Madeline Avenue.

  6

  7         ENCLAVE #4

  8

  9         A portion of Magnolia Grove Subdivision, as

10         recorded in map book 14, page 104 of the public

11         records of Volusia County, together with a part

12         of lot 4, block 8, and all of lot 1, block 9,

13         map of Dunlawton, map book 14, pages 82-83,

14         such public records, more particularly

15         described as follows;

16

17         Beginning at the southwest corner of lot 1,

18         block 8, map of Dunlawton, such corner also

19         being the northwest corner of lot 4, block 8,

20         map of Dunlawton; thence east along the north

21         line of lot 4 to the west right-of-way line of

22         Nova Road, as now laid out and in use; thence

23         south along such west right-of-way line to the

24         south right-of-way line of Alice Street as

25         shown on the map of Dunlawton; thence easterly

26         along such south line of Alice Street to the

27         northwest corner of lot 2 block 9, map of

28         Dunlawton; thence southerly along the west line

29         of lot 2, block 9 to the NE corner of lot 4,

30         block 9, map of Dunlawton; thence westerly

31         along the north line of lot 4, block 9 to the

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    Florida Senate - 2002        (NP)                      SB 2324
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  1         northwest corner of lot 4; thence westerly

  2         along the north line of lots 6 and 7, map of

  3         Magnolia Grove, to the easterly line of

  4         government lot 2, section 5, township 17 south,

  5         range 33 east; thence north along the east line

  6         of government lot 2 to the natural boundary of

  7         Butler Branch and the south line of that parcel

  8         as recorded in official records book 1724, page

  9         1902, public records.

10

11         (Official records book 1724, page 1902 - lot 1,

12         block 8, except the northerly 75 feet thereof,

13         Dunlawton, as recorded in deed book "M", page

14         187, public records of Volusia County, and a

15         part of lot 1, subdivision of lots 1, 2, and 4,

16         section 5, township 16 south, range 33 east,

17         lying west and north of the following described

18         line commencing at the southwest corner of lot

19         1, block 8, Dunlawton; thence S65°W a distance

20         of 500 feet; thence to a point that lies 600

21         feet S65°W of the southwest corner of lot 4,

22         block 1, Dunlawton; thence to the nearest point

23         where the line will strike the natural boundary

24         of "Butler Branch"; thence following the course

25         thereof in a general westerly direction to the

26         west line of lot 2, section 5, township 16

27         south, range 33 east, as recorded in map book

28         2, page 69, public records of Volusia County,

29         excepting therefrom the following described

30         parcel: commence at a concrete monument marking

31         the northwest corner of lot 4, block 1,

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  1         Dunlawton; thence S25°E along the west line of

  2         lot 4, a distance of 410.5 feet to the point of

  3         beginning; thence west along the north line of

  4         lot 1, subdivision of lot 1, 2, and 4, section

  5         5, township 16 south, range 33 east, a distance

  6         of 551.68 feet to a point; thence S25°E, a

  7         distance of 572.65 feet to a point; thence

  8         N65°E a distance of 500 feet to a point in the

  9         west line of block 8 Dunlawton; thence north

10         along the west line of blocks 1 and 8,

11         Dunlawton, a distance of 339.5 feet to the

12         point of beginning.

13

14         Also described as: lot 1, block 8, except the

15         northerly 75 feet thereof, Dunlawton, as

16         recorded in deed book "M", page 187, public

17         records of Volusia County and a part of lot 1,

18         subdivision of lots 2 and 4 of section 5,

19         township 16 south, range 33 east, being more

20         particularly described as follows: begin at the

21         southwest corner or lot Q, block 8, Dunlawton

22         Subdivision; thence S65°14'55"W a distance of

23         540.47 feet; thence S15°56'27"E a distance of

24         705 feet more or less to the natural boundary

25         of "Butler Branch"; thence following the course

26         thereof in a general westerly direction to the

27         west line of lot 2, section 5, township 16

28         south, range 33 east, as recorded in map book

29         2, page 68, public records of Volusia County;

30         thence N0°50'10"E along the west line of U.S.

31         lot 2, a distance of 2100 feet more or less;

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  1         thence S26°59'44"E a distance of 572.75 feet;

  2         thence N63°00'16"E a distance of 500 feet;

  3         thence S26°59'44"E a distance of 585 feet to

  4         the point beginning, containing 46.57 acres

  5         more or less).

  6

  7         Thence easterly and northerly along the

  8         boundary of the described parcel to the point

  9         of beginning.

10         Section 6.  The areas described in sections 3 and 4

11  subject to annexation shall be subject to all laws,

12  ordinances, and regulations in force in the respective

13  annexing municipality and shall be entitled to the same

14  privileges and benefits as other parts of the respective

15  annexing municipality upon the effective date of this act. If

16  any of these parcels were subject to the Volusia County land

17  use plan and Volusia County zoning or subdivision regulations,

18  such plan and regulations shall remain in full force and

19  effect until the respective annexing municipality adopts a

20  comprehensive plan amendment that includes the property. The

21  properties described in sections 3 and 4 shall be subject to

22  the ad valorem taxes and debts of the respective annexing

23  municipality upon the effective date of this act.

24         Section 7.    Notwithstanding any general law or

25  special act to the contrary, the City of South Daytona and the

26  City of Port Orange have full authority to collect all

27  franchise fees and utility taxes currently being collected by

28  Volusia County from the respective annexed properties

29  beginning on the effective date of this act.

30         Section 8.  This act shall take effect upon becoming a

31  law.

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