HB 1151

1
A bill to be entitled
2An act relating to the City of Melbourne, Brevard County;
3extending and enlarging the corporate limits of the City
4of Melbourne to include specified unincorporated lands
5within said corporate limits; providing for the transfer
6of certain roads; providing for the application of
7municipal powers over the land annexed; providing that the
8annexation shall not abrogate certain contracts; providing
9an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  The present corporate limits of the City of
14Melbourne, Brevard County, are hereby extended and enlarged so
15as to include, in addition to the territory presently within its
16corporate limits, the area particularly described as follows:
17(Combined Legal for Annexation - Includes South Intake Structure
18- County Park Excepted)
19
20Commence at the center of Section 9, Township 27
21South, Range 36 East, Brevard County, Florida; thence
22run East along the South line of the North 1/2 of said
23Section 9 for a distance of 1,320 feet, more or less,
24to a point, said point being the Northeast corner of
25the Northwest quarter of the Southeast quarter of said
26Section 9 and also being the Point of Beginning;
27thence run South along the East line of the Northwest
28quarter of the Southeast quarter of Section 9 for a
29distance of 1,350 feet more or less to a point, said
30point lying on the North right-of-way line of Lake
31Washington Road (66' Right-of-Way); thence run
32Northwesterly along the North right-of-way of Lake
33Washington Road for a distance of 950 feet more or
34less to a point, said point lying on the North Right-
35of-Way of Lake Washington Road perpendicular across
36from the intersection of the South right-of-way of
37Lake Washington Road and the West line of lands
38described in Official Records Book 1430, Page 1001,
39Public Records of Brevard County, Florida; thence run
40Southwest perpendicular to the North right-of-way line
41of Lake Washington Road for a distance of 66 feet to a
42point on the South right-of-way of Lake Washington
43Road, said point being the intersection of the South
44right-of-way of Lake Washington Road and the East line
45of lands described in Official Records Book 1430, Pg.
461001; thence run South along said East property line
47for a distance of 1,617 feet more or less, to a point,
48said point lying along the South line of Section 9,
49Township 27 South, Range 36 East; thence run West
50along the South line of Section 9 for a distance of
512,200 feet more or less to a point, said point being
52along the recognized Meander line; thence continue
53along the South line of said Section 9 for a distance
54of 200 feet more or less to the Eastern shore of Lake
55Washington; thence continue East along the South line
56of Sections 9 and 8 for a distance of 1,960 feet, more
57or less, to a point, said point being the Southwest
58corner of the Southeast quarter of the Southeast
59quarter of Section 8, Township 27 South, Range 36
60East; thence run North along the West line of the East
611/4 of Section 8 for a distance of 2,640 feet, more or
62less, to a point, said point being the Northwest
63corner of the Northeast quarter of the Southeast
64quarter of Section 8, Township 27 South, Range 36
65East; thence continue North 300 feet more or less
66along the West line of the Southeast quarter of the
67Northeast quarter of said Section 8 to a point; thence
68run East parallel to the South line of the North 1/2
69of Sections 8 and 9 for a distance of 3,100 feet more
70or less to a point, said point lying on the recognized
71Meander line; thence continue East and parallel to the
72South line of the North 1/2 of Section 9 for a
73distance of 3,465 feet more or less to a point, said
74point lying along the East line of Section 9, Township
7527 South, Range 36 East; thence continue East 300 feet
76North and parallel to the South line of the North 1/2
77of Section 10, Township 27 South, Range 36 East for a
78distance of 660 feet more or less to a point, said
79point being the Northeast corner of lands described in
80Official Records Book 760, Page 380, Public Records of
81Brevard County, Florida; thence run South parallel to
82the West line of said Section 10 for a distance of 660
83feet more or less to a point, said point being the
84Southeast corner of lands described in Official
85Records Book 760, Page 380, Public Records of Brevard
86County, Florida; thence run West parallel to the South
87line of the North 1/2 of Section 10 a distance of 710
88feet more or less to a point, said point lying on the
89West Right-of-Way line of McGraw Road (100' Right-of-
90Way); thence run North 50 feet West of and parallel to
91the East line of Section 9, Township 27 South, Range
9236 East for a distance of 330 feet more or less to a
93point, said point lying on the South line of the North
941/2 of Section 9, Township 27 South, Range 36 East;
95thence run West along the South line of the North 1/2
96of Section 9 for a distance of 1,270 feet more or less
97to a point, said point being the Northeast corner of
98the Northwest quarter of the Southeast quarter of
99Section 9, Township 27 South, Range 36 East; said
100point also being the Point of Beginning.  Containing
101343 acres, more or less.
102
103LESS AND EXCEPT the following park property owned by
104Brevard County, Florida:  Commence and Begin at the
105center of Section 9, Township 27 South, Range 37 East,
106Brevard County, Florida; thence run South along the
107East line of the Southwest quarter of Section 9 for a
108distance of 815 feet, more or less, to a point, said
109point lying along the North Right-of-Way of Lake
110Washington Road (66' Right-of-Way); thence continue
111South along said East line for a distance of 66 feet
112to the South Right-of-Way of Lake Washington Road;
113thence run West along the south Right-of-Way of Lake
114Washington Road for a distance of 1,327 feet, more or
115less, to a point, said point being 67 feet West of the
116East line of Lot 13, Block "A," Lake View Estates
117Subdivision as recorded in Plat Book 11, Page 94,
118Public Records of Brevard County, Florida; thence run
119South parallel to the East line of said Lot 13 for a
120distance of 148.74 feet, more or less, to a point,
121said point lying along the North property line of Lot
12213, Block "B," Lake View Estates as recorded in Plat
123Book 11, Page 94, Public Records of Brevard County,
124Florida; thence run West along the North line of Lots
12513 and 14, Block "B" for a distance of 137 feet, more
126or less, to a point, said point being the Northeast
127corner of Lot 15, Block "B;" thence run North and East
128along the eastern shore of Lake Washington for a
129distance of 1,200 feet, more or less, to a point, said
130point lying along the North line of the South 1/2 of
131Section 9, Township 27 South, Range 36 East; thence
132run East along said North line of the South 1/2 for a
133distance of 1,350 feet, more or less, the a point,
134said point being the center of Section 9, Township 27
135South, Range 36 East, and the Point of Beginning.
136Said parcel contains 29 acres, more or less.
137
138Total acreage to be annexed - 314 acres.
139
140     Section 2.  All public roads and the public rights-of-way
141associated therewith, lying within the limits of the lands
142subject to annexation herein, as described in section 1, are
143transferred from Brevard County jurisdiction to the jurisdiction
144of the annexing municipality, except for county collector roads
145and all roads within the state highway system and any public
146rights-of-way associated therewith. All rights, title,
147interests, and responsibilities for any transferred roads,
148including, but not limited to, the ownership, operation,
149maintenance, planning, design, and construction of said roads
150and the rights-of-way associated therewith, shall transfer from
151Brevard County jurisdiction and ownership to the jurisdiction
152and ownership of the annexing municipality upon the effective
153date of the annexation.
154     Section 3.  On the effective date of this act, the City of
155Melbourne shall be responsible for and embodied with all
156municipal powers granted in chapter 166, Florida Statutes, over
157territory hereby annexed.
158     Section 4.  Nothing in this act shall be construed to
159affect or abrogate the rights of parties to any contracts,
160whether the same be between Brevard County and a third party or
161between nongovernmental entities, which contracts are in effect
162prior to the effective date of annexation.
163     Section 5.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.