Senate Bill sb2610
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Florida Senate - 2002 (NP) SB 2610
By Senator Geller
29-1848-02 See HB 1007
1 A bill to be entitled
2 An act relating to Broward County; providing
3 for extending the corporate limits of the City
4 of Cooper City or the Town of Davie or such
5 other neighboring municipality chosen for
6 annexation; providing for annexation of the
7 unincorporated area known as "United Ranches";
8 providing for an election; providing for an
9 effective date of annexation; providing for the
10 transfer of public roads and rights-of-way;
11 providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. The governing bodies of the City of Cooper
16 City and the Town of Davie have each affirmed its interest to
17 serve as the governing body for the specified unincorporated
18 area hereinafter known as the "United Ranches Area," as
19 described in section 2. A feasibility study has been
20 conducted, which shall determine the viability of the United
21 Ranches Area annexing into Cooper City or the Town of Davie,
22 pursuant to an election as described in sections 3 and 4 of
23 this act.
24 Section 2. The legal description of the United Ranches
25 Area is as follows:
26
27 Portions of Tracts 25, 26, 27 and 28; together
28 with portions of the right-of-way for South New
29 River canal lying adjacent to said tracts, all
30 in Section 30, Township 50 South, Range 41 East
31 of "John W. Newman's Survey", according to the
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Florida Senate - 2002 (NP) SB 2610
29-1848-02 See HB 1007
1 plat thereof as recorded in Plat Book 2, Page
2 26 of the Public Records of Dade County,
3 Florida, together with that portion of the
4 hiatus lying West of said Section 30, all being
5 more particularly described as follows:
6
7 Commence at the Southeast corner of the
8 Southwest one-quarter (SW1/4) of said Section
9 30; thence Westerly along the South line of
10 said Southwest one-quarter (SW1/4) to an
11 intersection with a line parallel with and 60
12 feet West of the East line of the Southwest
13 one-quarter (SW1/4) of said Section 30; thence
14 Northerly along said parallel line to the South
15 line of said Tract 28 and the point of
16 beginning; thence along the municipal limits of
17 Cooper City per Chapter 59-1195, Laws of
18 Florida, as amended by Chapter 61-2050, Laws of
19 Florida, the following eight (8) courses;
20 thence Westerly along the South line of said
21 Tracts 28 and 27 to the Southwest corner of
22 said Tract 27; thence Northerly along the West
23 line of said Tract 27 to the South line of the
24 South New River Canal; thence Westerly along
25 said South line to the East line of said Tract
26 26; thence Southerly along said East line to
27 the Southeast corner of said Tract 26; thence
28 Westerly along the South line of said Tracts 25
29 and 26 to the Southwest corner of said Tract
30 25; thence Northerly along the West line of
31 said Tract 25 being on a line parallel with and
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Florida Senate - 2002 (NP) SB 2610
29-1848-02 See HB 1007
1 15 feet East of the West line of said Section
2 30, a portion of which is on the municipal
3 limits of Cooper City per Ordinance number
4 87-2-2 to the South right-of-way line of the
5 South New River Canal; thence Westerly along
6 said South right-of-way line to the West line
7 of said Section 30; thence Southerly along said
8 West line to the Westerly prolongation of the
9 South line of said Tract 25; thence Westerly
10 along said Westerly prolongation to the East
11 line of Section 25, Township 50 South, Range 40
12 East; thence Northerly along said East line and
13 the municipal limits of Cooper City per
14 Ordinance number 2001-4-2 to the centerline of
15 South New River Canal right-of-way; thence
16 Easterly along said centerline and along the
17 municipal limits of the Town of Davie per
18 Chapter 84-420, Laws of Florida, to a line
19 parallel with and 45 feet West of the East line
20 of said Tract 28; thence Southerly along said
21 parallel line to the South right-of-way line of
22 the South new river Canal; thence Westerly
23 along said South right-of-way line and the
24 municipal limits of Cooper City per Ordinance
25 number 85-6-1 to the West line of said Tract
26 28; thence Southerly along said West line and
27 said municipal limits to a line parallel with
28 and 378 feet South of the aforesaid South line
29 of South New River Canal; thence Easterly along
30 said parallel line and said municipal limits to
31 an intersection with a line parallel with and
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Florida Senate - 2002 (NP) SB 2610
29-1848-02 See HB 1007
1 45 feet West of the East line of said Tract 28;
2 thence Southerly along said East line to the
3 point of beginning;
4
5 Less therefrom the following described parcel
6 of land:
7
8 A part of Tract 25, Section 30, Township 50
9 South, Range 41 East, "John W. Newman's Survey"
10 as recorded in Plat Book 2, Page 26 Dade County
11 Records, being described as follows:
12
13 Commence at the Southeast corner of said Tract
14 25; thence on an assumed bearing of N.00°16'37"
15 E along the East line of said Tract 25 a
16 distance of 907.59 feet to the point of
17 beginning; thence N.89°15'43"W. 340.58 feet to
18 a point on the arc of a non-tangent curve
19 concave to the West, a radial line of said
20 curve through said point having a bearing of S.
21 83°45'04" E.; thence Northerly along the arc of
22 said curve to the left, having a central angle
23 of 01°42'38" and a radius of 620.00 feet for an
24 arc distance of 18.51 feet to a point on a
25 non-tangent line; thence N.89° 43'23"W 306.07
26 feet to the West line of said Tract 25; thence
27 N.00°16'37"E. along the said West line a
28 distance of 284.02 feet to a line 50.00 feet
29 South of and parallel with the North line of
30 said Tract 25; thence S.89°15'43"E. along the
31 said parallel line a distance of 645.01 feet to
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Florida Senate - 2002 (NP) SB 2610
29-1848-02 See HB 1007
1 the said East line; thence S.00°16'37"W. along
2 the said East line a distance of 300.01 feet to
3 the point of beginning.
4
5 Said lands situate, lying and being in Broward
6 County, Florida.
7
8 Portions of the West one-half (W1/2) of Section
9 31, Township 50 South, Range 41 East and a
10 portion of Section 25, Township 50 South, Range
11 40 East of "Florida Fruit Lands Company's
12 Subdivision No. 1", as recorded in Plat Book 2,
13 Page 17 of the Public Records of Dade County,
14 Florida, together with a portion of "F.M.
15 Brown's subdivision of Section 36, Township 50
16 South, Range 40 East" as recorded in Plat Book
17 4, Page 5 of the Public Records of Broward
18 County, Florida, and also together with a
19 portion of the hiatus between Range 41 East and
20 Range 40 East, all being more particularly
21 described as follows:
22
23 Begin at the Southeast corner of the Southwest
24 one-quarter (SW 1/4) of said Section 31; thence
25 Westerly along the South line of said Section
26 31, also being the municipal limits of Cooper
27 City per Ordinance number 83-6-4, to the East
28 line of the West one-half (W1/2) of tracts 41,
29 42, 43 and 44 of said, "Florida Fruit Lands
30 Company's Subdivision No. 1"; thence Northerly
31 along said East line, and the municipal limits
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Florida Senate - 2002 (NP) SB 2610
29-1848-02 See HB 1007
1 of Cooper City per Ordinance number 98-9-3 to
2 the South line of the Northwest one-quarter
3 (NW1/4) of the Southwest one-quarter (SW1/4) of
4 said Section 31; thence Westerly along said
5 South line and said municipal limits to the
6 Southwest corner of the Northwest one-quarter
7 (NW1/4) of the Southwest one-quarter (SW1/4) of
8 said Section 31; thence Northerly along the
9 West line of said Section 31, also being the
10 East line of the hiatus between Range 40 East
11 and Range 41 East and the municipal limits of
12 Cooper City per Ordinance number 89-5-3 to a
13 point 3901.54 feet South of the Northwest
14 corner of said Section 31 (as measured along
15 said Section line); thence Westerly along said
16 municipal limits to the East line of Block 2 of
17 the aforesaid "F.M. Brown's Subdivision of
18 Section 36, Township 50 South, Range 40 East";
19 thence Northerly along said East line and the
20 municipal limits of Cooper City per Ordinance
21 number 84-3-1 and Chapter 59-1195, Laws of
22 Florida, as amended by Chapter 61-2050, Laws of
23 Florida, to the Northeast corner of Lot 22 of
24 said Block 2; thence Westerly along the North
25 line of said Block 2 and said municipal limits
26 to the Southeast corner of Lot 42 of "Rio
27 Ranches", according to the plat thereof as
28 recorded in Plat Book 91, Page 30 of the Public
29 Records of Broward County, Florida; thence
30 Northerly along the East line of said Lot 42
31 and the municipal limits of Cooper City per
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Florida Senate - 2002 (NP) SB 2610
29-1848-02 See HB 1007
1 Ordinance number 89-5-4 to the Northeast corner
2 of said Lot 42; thence Westerly along the North
3 line of said Lot 42 and said municipal limits
4 to the Northwest corner of said Lot 42; thence
5 Southerly along the West line of said Lot 42
6 and said municipal limits to the Southwest
7 corner of said Lot 42 and the North line of the
8 aforesaid Block 2; thence Westerly along said
9 North line and the municipal limits of Cooper
10 City per Ordinance number 84-3-1 to the
11 Northwest corner of said Block 2; thence
12 Northerly along the West line of said "Rio
13 Ranches" and the municipal limits of Cooper
14 City per Chapter 59-1195, Laws of Florida, as
15 amended by Chapter 61-2050, Laws of Florida, to
16 the Northwest corner of said "Rio Ranches";
17 thence Easterly along the North line of said
18 "Rio Ranches", being 40 feet South of the North
19 line of said Section 36, and the municipal
20 limits of Cooper City per Ordinance number
21 95-10-1 to a line parallel with and 55.00 feet
22 west of the East line of said Section 36;
23 thence Northerly along said parallel line, and
24 said municipal limits to the North line of said
25 Section 36; thence Easterly along said North
26 line and the municipal limits of Cooper City
27 per Ordinance number 93-9-1 to a line parallel
28 with and 50 feet West of the East line of said
29 Section 25; thence Northerly along said
30 parallel line and said municipal limits to the
31 South line of tract 55 in said Section 25;
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Florida Senate - 2002 (NP) SB 2610
29-1848-02 See HB 1007
1 thence Easterly along said South line and the
2 municipal limits of Cooper City per Ordinance
3 number 2001-4-2 to the East line of said
4 Section 25; thence Northerly along said East
5 line to the Westerly prolongation of the South
6 line of tract 25, of "John W. Newman's Survey",
7 according to the plat thereof, as recorded in
8 Plat Book 2, Page 26 of the Public Records of
9 Dade County, Florida; thence Easterly along
10 said Westerly prolongation to the West line of
11 said Section 30; thence Southerly along said
12 West line and the municipal limits of Cooper
13 City per Chapter 59-1195, Laws of Florida, as
14 amended by Chapter 61-2050, Laws of Florida, to
15 the North line of said Section 31; thence
16 Easterly along said North line and said
17 municipal limits to the East line of the
18 Northwest one-quarter (NW1/4) of said Section
19 31; thence Southerly along said East line and
20 the municipal limits of Cooper City per
21 Ordinance numbers 73-11-2 and 74-1-5 to the
22 North line of tract 20 in said Section 31;
23 thence Westerly along said North line and the
24 municipal limits of Cooper City per Ordinance
25 number 83-5-3 to the Northwest corner of said
26 tract 20; thence Southerly along the West line
27 of said tract 20 and the West line of tract 21
28 of said Section 31 and the municipal limits of
29 Cooper City per Ordinance numbers 83-5-3 and
30 76-9-2 to the Southwest corner of said tract
31 21; thence Easterly along the South line of
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Florida Senate - 2002 (NP) SB 2610
29-1848-02 See HB 1007
1 said tract 21 and the municipal limits of
2 Cooper City per Ordinance numbers 76-9-2 and
3 89-9-1 to the East line of the Northwest
4 one-quarter (NW1/4) of said Section 31; thence
5 Southerly along the East line of said Northwest
6 one-quarter (NW1/4) and the Southwest
7 one-quarter (SW1/4) of said Section 31 and the
8 municipal limits of Cooper City per Chapter
9 59-1195, Laws of Florida, as amended by Chapter
10 61-2050, Laws of Florida, and per Ordinance
11 number 84-8-7 to the point of beginning.
12
13 Less therefrom the following:
14
15 That portion of Cooper City per Ordinance
16 number 92-8-1 described as follows; the West
17 156.875 feet of the East 470.625 feet of the
18 North 216.25 feet of the South 256.25 feet of
19 tract 41 in Section 31, Township 50 South,
20 Range 41 East of said "Florida Fruit Lands
21 Company's Subdivision No. 1".
22
23 And also less:
24
25 That portion of Cooper City per Ordinance
26 number 2001-5-1 described as follows; the South
27 143.50 feet of the West 125.00 feet of the East
28 1172.50 feet of tract 39, and the West 125.00
29 feet of the East 1172.50 feet less the South
30 35.00 feet of tract 40 in Section 31, Township
31
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Florida Senate - 2002 (NP) SB 2610
29-1848-02 See HB 1007
1 50 South, Range 41 East of said "Florida Fruit
2 Lands Company's Subdivision No. 1".
3
4 And also less:
5
6 That portion of Cooper City per Ordinance
7 number 89-5-6 described as follows; the South
8 215.37 feet of the West 450.00 feet of the East
9 1047.50 feet of tract 40 in Section 31,
10 Township 50 South, Range 41 East of said
11 "Florida Fruit Lands Company's Subdivision No.
12 1", less the South 55.00 feet; and less the
13 East 287.49 feet thereof.
14
15 And also less:
16
17 That portion of Cooper City per Ordinance
18 number 2000-3-2 described as follows; Parcel A,
19 "Nur-ul Islam", according to the plat thereof,
20 as recorded in Plat Book 149, at Page 28, of
21 the Public Records of Broward County, Florida.
22 Together with: the South 143.5 feet of the East
23 75 feet of tract 39, and the North 190.5 feet
24 of the East 75 feet of tract 40 in Section 31,
25 Township 50 South, Range 41 East (as measured
26 from the East line of the Northeast quarter of
27 Section 31) of said, "Florida Fruit Lands
28 Company's Subdivision No. 1"; less: the East 15
29 feet thereof.
30
31
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Florida Senate - 2002 (NP) SB 2610
29-1848-02 See HB 1007
1 Said lands situate, lying and being in Broward
2 County, Florida.
3
4 Tract 60 of "Florida Fruit Lands Company's
5 Subdivision No. 1", according to the plat
6 thereof as recorded in Plat Book 2, Page 17,
7 Dade County Records, lying in Section 31,
8 Township 50 South, Range 41 East, Broward
9 County, and being more particularly described
10 as follows:
11
12 BEGINNING at the Northeast corner of said Tract
13 60; thence Southerly along the East line of
14 said Tract 60 and the municipal limits of
15 Cooper City per Chapter 59-1195 Laws of
16 Florida, as amended by Chapter 61-2050 Laws of
17 Florida, to the Southeast corner of said Tract
18 60; thence Westerly along the South line of
19 said Tract 60 to the West line of the Southeast
20 one-quarter (SE1/4) of said Section 31; thence
21 Northerly along said West line to the North
22 line of said Tract 60; thence Easterly along
23 said North line to the point of beginning.
24
25 Said lands situate, lying and being in Broward
26 County, Florida.
27
28 Section 3. No later than July 1, 2002, those
29 municipalities which want to appear on the ballot shall, after
30 having considered the effects of annexation on the residents
31 of the specified unincorporated land and the municipality, and
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Florida Senate - 2002 (NP) SB 2610
29-1848-02 See HB 1007
1 after adopting a resolution expressing a desire to be included
2 on the ballot, shall by resolution inform the Broward County
3 Legislative Delegation and the Broward County Board of County
4 Commissioners that it desires to appear on the ballot, as
5 provided for in this act, by July 1, 2002, and the Broward
6 County Board of County Commissioners shall cause the names of
7 all such municipalities to appear on the ballot. If either one
8 municipality or no municipality expresses a desire to be
9 included on the ballot pursuant to section 3, then no election
10 shall take place as provided for in section 5 and the United
11 Ranches Area shall not be annexed into any municipality
12 pursuant to this act.
13 Section 4. The Broward County Board of County
14 Commissioners shall schedule an election on November 5, 2002,
15 in accordance with the provisions of law relating to elections
16 currently in force in Broward County at Broward County's own
17 cost. The subject of said election shall be the annexation of
18 the United Ranches Area as described in section 2. Only
19 registered voters residing in the United Ranches Area as
20 described in this act may vote in said election. On the ballot
21 provided for in this section shall appear the name of each
22 municipality that has chosen to be considered for annexation
23 as provided for in sections 1 and 3. The voters residing in
24 the United Ranches Area shall choose one municipality for
25 annexation among those appearing on the ballot pursuant to
26 sections 1 and 3. The municipality receiving the highest vote
27 total of those voting in said election shall be selected. A
28 mail ballot shall not be used for any election provided for in
29 this act; however, absentee ballots will be accepted as
30 provided by law. At the conclusion of said election the United
31
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Florida Senate - 2002 (NP) SB 2610
29-1848-02 See HB 1007
1 Ranches Area, as described herein, by majority vote shall be
2 annexed into said municipality pursuant to section 6.
3 Section 5. The United Ranches Area shall be deemed a
4 part of the municipality, pursuant to section 4, effective
5 September 15, 2003, pursuant to section 171.062, Florida
6 Statutes, except as provided in this act.
7 Section 6. All public roads and the public
8 rights-of-way associated therewith, on the Broward County Road
9 System lying within the limits of the lands subject to
10 annexation herein, as described in section 2, are transferred
11 from Broward County jurisdiction to the jurisdiction of
12 annexing municipality effective upon the effective date of the
13 annexation.
14 Section 7. The United Ranches Area will be considered
15 a preservation area and, in order to protect the rural
16 atmosphere of the United Ranches community, all Broward County
17 land use and zoning classifications, rules, and regulations
18 that are applicable to this area on the effective date of this
19 act shall be adopted by the chosen municipality for the United
20 Ranches Area. If the United Ranches Area land use and zoning
21 classifications, rules, and regulations differ from those
22 which exist in the chosen municipality, the chosen
23 municipality shall modify its codes by September 15, 2003, to
24 enable the United Ranches Area to be maintained as it exists
25 on the effective date of this act. Any and all proposed
26 municipal enactments that may effect a change in the United
27 Ranches Area, including, but not limited, to all
28 quasi-judicial items, including zoning modifications, site
29 plans, plats, and variances, must be approved by a
30 supermajority of the municipality's designated governing body.
31 All applications for zoning changes within the United Ranches
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Florida Senate - 2002 (NP) SB 2610
29-1848-02 See HB 1007
1 Area require written notification of all United Ranches Area
2 residents. Moreover, any application for a change of zoning
3 within the United Ranches Area must first come before a
4 preservation board made up of five members residing in the
5 United Ranches Area who will be appointed every 2 years by the
6 governing body and will be responsible for issuing
7 recommendations on zoning changes within the United Ranches
8 Area.
9 Section 8. Upon annexation into a municipality, the
10 following shall govern the areas described in section 2: for
11 any use, building, or structure that is legally in existence
12 at the time the United Ranches Area becomes a part of the
13 municipality, such use shall not be made a prohibited use by
14 the municipality, on the property of said use, for as long as
15 the use shall continue and is not voluntarily abandoned.
16 Section 9. Subsequent to the effective date of this
17 act, no change in land use designation or zoning shall be
18 effective within the limits of the land subject to annexation
19 herein until the United Ranches Area has been annexed into the
20 municipality, nor shall annexation by any municipality occur
21 during the period between the effective date of this act and
22 the effective date of the annexation.
23 Section 10. This act shall take precedence over any
24 other enacted law.
25 Section 11. This act shall take effect upon becoming a
26 law.
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