| 1 | A bill to be entitled |
| 2 | An act relating to the City of Melbourne, Brevard County; |
| 3 | providing for extending the corporate limits of the City |
| 4 | of Melbourne; providing for annexation of two |
| 5 | unincorporated areas known and described as Aurora Road |
| 6 | Area A and Aurora Road Area B; providing for elections; |
| 7 | providing for effective dates of annexation; providing for |
| 8 | the effects of annexation; providing for transfer of |
| 9 | public roads and rights-of-way; providing an effective |
| 10 | date. |
| 11 |
|
| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
|
| 14 | Section 1. Annexation of Aurora Road Area A.-- |
| 15 | (1) No later than June 30, 2007, the governing body of the |
| 16 | City of Melbourne, after having considered the effects of |
| 17 | annexation of Aurora Road Area A, as hereinafter described, on |
| 18 | both the residents of the area and on the City of Melbourne, may |
| 19 | inform the Brevard County Supervisor of Elections of its desire |
| 20 | to hold an election to determine whether Aurora Road Area A |
| 21 | shall be annexed into the City of Melbourne. A copy of the |
| 22 | notice to the supervisor of elections shall also be sent to the |
| 23 | Brevard County Legislative Delegation and Brevard County Board |
| 24 | of County Commissioners. The election may be held, if at all, at |
| 25 | any time prior to December 31, 2007. If the referendum shall |
| 26 | fail to receive a majority vote of the registered electors |
| 27 | voting, the city shall not be barred from holding another |
| 28 | election at a later date, provided that such election shall be |
| 29 | held no later than December 31, 2007. |
| 30 | (2) The City of Melbourne shall have the ultimate |
| 31 | responsibility for determining the election date and the method |
| 32 | of holding the election, provided that the method of holding the |
| 33 | election is consistent with general law, but no date or method |
| 34 | of holding an election shall be finally determined until the |
| 35 | City of Melbourne has coordinated with the Brevard County |
| 36 | Supervisor of Elections to determine that the supervisor of |
| 37 | elections is reasonably able to hold the election on the date |
| 38 | and in the method selected by the City of Melbourne. The City of |
| 39 | Melbourne is specifically authorized but not obligated to hold |
| 40 | the election as a mail ballot election pursuant to the Mail |
| 41 | Ballot Election Act, sections 101.6101-101.6107, Florida |
| 42 | Statutes. Regardless of the method by which the election is |
| 43 | held, voters may vote by absentee ballot as provided by law. |
| 44 | (3) Ballots or mechanical voting devices used in the |
| 45 | referendum on annexation shall offer the following form of |
| 46 | ballot substantially as follows: |
| 47 |
|
| 48 | ANNEXATION OF AURORA ROAD AREA A |
| 49 |
|
| 50 | Shall Aurora Road Area A be annexed into the City of Melbourne? |
| 51 |
|
| 52 | For annexation of property described as Aurora Road Area A |
| 53 |
|
| 54 | Against annexation of property described as Aurora Road Area A |
| 55 |
|
| 56 | (4) On the day of the referendum on annexation, there |
| 57 | shall be prominently displayed at each polling place a copy of |
| 58 | this act, including a map clearly depicting the area to be |
| 59 | annexed. If the election is held by mail ballot or a voter |
| 60 | requests to vote by absentee ballot, a copy of this act and a |
| 61 | map clearly depicting the area to be annexed shall be |
| 62 | distributed to the voter together with the voter's ballot. |
| 63 | (5) Only registered voters residing in Aurora Road Area A |
| 64 | may vote in said election. The voters residing in Aurora Road |
| 65 | Area A, by majority vote of the voters participating in the |
| 66 | election, shall choose whether the area is to be annexed into |
| 67 | the City of Melbourne. If a majority of those registered |
| 68 | electors residing in the area to be annexed and participating in |
| 69 | said election shall vote for the annexation of Aurora Road Area |
| 70 | A into the City of Melbourne, said annexation shall become |
| 71 | effective 30 days after the referendum. |
| 72 | (6) "Aurora Road Area A" is described as: |
| 73 | A series of parcels, lots, and rights-of-way located within |
| 74 | Township 27 South, Range 37 East, Section 18, Brevard County, |
| 75 | Florida, being more particularly described as follows: |
| 76 |
|
| 77 | Commence and Begin at the Northeast corner of the |
| 78 | Southeast quarter of said Section 18; thence run South |
| 79 | along the East line of the Southeast quarter for a |
| 80 | distance of 433 feet more or less to a point, said |
| 81 | point lying along the East line of the Southeast |
| 82 | quarter and also lying within Croton Road right-of-way |
| 83 | (right-of-way Varies); thence run West perpendicular |
| 84 | to the East line of the Southeast quarter for a |
| 85 | distance of 30 feet more or less to a point, said |
| 86 | point being the Southeast corner of lands described in |
| 87 | Official Records Book 1045, Page 0115, Public Records |
| 88 | of Brevard County, Florida; thence continue West along |
| 89 | the South lines of lands described in Official Records |
| 90 | Book 1045, Page 0115, Official Records Book 1177, Page |
| 91 | 0627, Official Records Book 4919, Page 2022, and |
| 92 | Official Records Book 5361, Page 0173, all in Public |
| 93 | Records of Brevard County, Florida, for a distance of |
| 94 | 567.59 feet more or less to a point, said point being |
| 95 | the Southwest corner of lands described in Official |
| 96 | Records Book 5361, Page 0173, Public Records of |
| 97 | Brevard County, Florida (also known as "Spears Lane" |
| 98 | (20 foot wide private right-of-way)); thence run South |
| 99 | along the East lines of lands described in Official |
| 100 | Records Book 5361, Page 0173, and Official Records |
| 101 | Book 5186, Page 1513, all in the Public Records of |
| 102 | Brevard County, Florida, for a distance of 227 feet |
| 103 | more or less to a point, said point being the |
| 104 | Southeast corner of land described in Official Records |
| 105 | Book 5186, Page 1513, Public Records of Brevard |
| 106 | County, Florida; thence run West along the South lines |
| 107 | of land described in Official Records Book 5186, Page |
| 108 | 1513, Official Records Book 4110, Page 1479, Official |
| 109 | Records Book 3416, Page 1829, Official Records Book |
| 110 | 3590, Page 1744, Official Records Book 2308, Page |
| 111 | 1872, and Official Records Book 4431, Page 2081, all |
| 112 | in the Public Records of Brevard County, Florida, for |
| 113 | a distance of 690 feet more or less to a point, said |
| 114 | point being the intersection point of said South |
| 115 | property line and the northern property line of land |
| 116 | described in Official Records Book 1197, Page 0180, |
| 117 | Public Records of Brevard County, Florida; thence run |
| 118 | Northwesterly along the South lines of land described |
| 119 | in Official Records Book 4431, Page 2081 and Official |
| 120 | Records Book 3712, Page 3380, all in the Public |
| 121 | Records of Brevard County, Florida, for a distance of |
| 122 | 240 feet more or less to a point, said point being the |
| 123 | intersection of the South line of land described in |
| 124 | Official Records Book 3782, Page 3380, Public Records |
| 125 | of Brevard County, Florida, and the East property line |
| 126 | of land described in Official Records Book 5281, Page |
| 127 | 1522, Public Records of Brevard County, Florida; |
| 128 | thence run Southwest along the East line of land |
| 129 | described in Official Records Book 5281, Page 1522, |
| 130 | Public Records of Brevard County, Florida, for a |
| 131 | distance of 122.4 feet more or less to a point, said |
| 132 | point being the Southeast corner of lands described in |
| 133 | Official Records Book 5281, Page 1522, Public Records |
| 134 | of Brevard County, Florida, and also said point being |
| 135 | the Northeast corner of Lot 17, Block "E", Leewood |
| 136 | Forest Section 3 Subdivision, as recorded in Plat Book |
| 137 | 14, Page 38, Public Records of Brevard County, |
| 138 | Florida; thence run West along the South lines of |
| 139 | lands described in Official Records Book 5281, Page |
| 140 | 1522, Official Records Book 3086, Page 0325, Official |
| 141 | Records Book 4373, Page 3482, Official Records Book |
| 142 | 4730, Page 0323, and Official Records Book 3558, Page |
| 143 | 3455, all in the Public Records of Brevard County, |
| 144 | Florida, for a distance of 1,893 feet more or less to |
| 145 | a point, said point being the Southwest corner of land |
| 146 | described in official records book 3558, Page 3455; |
| 147 | thence run North along the West line of lands |
| 148 | described in Official Records Book 3558, Page 3455 and |
| 149 | Official Records Book 3558, Page 3456, all in the |
| 150 | Public Records of Brevard County, Florida, for a |
| 151 | distance of 627 feet more or less to a point, said |
| 152 | point being the Northwest corner of land described in |
| 153 | Official Records Book 3558, Page 3456, Public Records |
| 154 | of Brevard County, Florida; thence continue North for |
| 155 | a distance of 66 feet more or less to a point, said |
| 156 | point lying along the North right-of-way line of |
| 157 | Aurora Road (right-of-way varies); thence run East |
| 158 | along the North right-of-way line of Aurora Road for a |
| 159 | distance of 435 feet more or less to a point, said |
| 160 | point being the Southeast corner of lands described in |
| 161 | Official Records Book 3879, Page 3477, Public Records |
| 162 | of Brevard County, Florida; thence run North along the |
| 163 | East line of land described in Official Records Book |
| 164 | 3879, Page 3477, Public Records of Brevard County, |
| 165 | Florida, for a distance of 17 feet more or less to a |
| 166 | point, said point being the Southwest corner of land |
| 167 | described in Official Records Book 2989, Page 4422, |
| 168 | Public Records of Brevard County, Florida; thence run |
| 169 | East along the South line of land described in |
| 170 | Official Records Book 2989, Page 4422, Public Records |
| 171 | of Brevard County, Florida, for a distance of 290 feet |
| 172 | more or less to a point, said point being the |
| 173 | Southeast corner of land described in Official Records |
| 174 | Book 2989, Page 4422, Public Records of Brevard |
| 175 | County, Florida, and also said point being the |
| 176 | intersection of the North right-of-way of Aurora Road |
| 177 | (right-of-way varies) and the West right-of-way of |
| 178 | Lansing Street (100 foot wide right-of-way); thence |
| 179 | continue East along the North right-of-way line of |
| 180 | Aurora Road for a distance of 200 feet more or less to |
| 181 | a point, said point being the Southwest corner of Lot |
| 182 | 2, Wilson Gardens Subdivision as recorded in Plat Book |
| 183 | 10, Page 33, Public Records of Brevard County, |
| 184 | Florida; thence run North along the West line of said |
| 185 | Lot 2 for a distance of 330 feet more or less to a |
| 186 | point, said point being the Northwest corner of said |
| 187 | Lot 2; thence run West along the South line of Lot 12, |
| 188 | Wilson Gardens Subdivision for a distance of 100 feet |
| 189 | more or less to a point, said point being the |
| 190 | Southwest corner of said Lot 12 and also being the |
| 191 | East right-of-way of Lansing Street (100 foot wide |
| 192 | right-of-way); thence run North along the East right- |
| 193 | of-way of Lansing Street for a distance of 160 feet |
| 194 | more or less to a point, said point being the |
| 195 | Northwest corner of lands described in Official |
| 196 | Records Book 0985, Page 0092, Public Records of |
| 197 | Brevard County, Florida; thence run East parallel to |
| 198 | and North of the North line of Lot 12, Wilson Gardens |
| 199 | Subdivision for a distance of 210 feet more or less to |
| 200 | a point; thence run South parallel to and West of the |
| 201 | East line of said Lot 12 for a distance of 120 feet |
| 202 | more or less to a point; thence run East Parallel to |
| 203 | and North of the North lines of Lots 3 and 4, Wilson |
| 204 | Gardens Subdivision for a distance of 200 feet more or |
| 205 | less to a point, said point lying along the East line |
| 206 | of Lot 11, Wilson Gardens Subdivision; thence run |
| 207 | South along the East lines of Lots 11 and 4, Wilson |
| 208 | Gardens Subdivision for a distance of 350 feet more or |
| 209 | less to a point, said point being the Southeast corner |
| 210 | of Lot 4, Wilson Gardens Subdivision and also lying |
| 211 | along the North right-of-way of Aurora Road (right-of- |
| 212 | way varies) and also said point being the Southwest |
| 213 | corner of Lot 7, Block "A", Replat of Wilson Gardens |
| 214 | as recorded in Plat Book 11, Page 35, Public Records |
| 215 | of Brevard County, Florida; thence run North along the |
| 216 | East line of said Lot 7, Block "A" for a distance of |
| 217 | 150 feet more or less to a point, said point being the |
| 218 | Northeast corner of Lot 7; thence run East across |
| 219 | Helen Street right-of-way (50 foot wide right-of-way) |
| 220 | and the North line of Lot 7, Block "B", Replat of |
| 221 | Wilson Gardens Subdivision for a distance of 182.47 |
| 222 | feet more or less to a point, said point being the |
| 223 | Northeast corner of said Lot 7, Block "B"; thence run |
| 224 | North along the East lines of Lots 6 and 5, Block "B", |
| 225 | for a distance of 100 feet more or less to a point, |
| 226 | said point being the Northwest corner of Lot 8, Alton |
| 227 | Thomas Acres Subdivision as recorded in Plat Book 11, |
| 228 | Page 57, Public Records of Brevard County, Florida; |
| 229 | thence run East along the North lines of Lots 8, 9, |
| 230 | 10, Johnson Drive right-of-way (66 foot wide right-of- |
| 231 | way), Lots 30, 31, and 32 of Alton Thomas Acres |
| 232 | Subdivision for a distance of 746.00 feet more or less |
| 233 | to a point, said point being the Northeast corner of |
| 234 | Lot 32, Alton Thomas Acres Subdivision; thence run |
| 235 | North along the East line of Lot 29, Alton Thomas |
| 236 | Acres Subdivision for a distance of 40.8 feet more or |
| 237 | less to a point, said point being the Northwest corner |
| 238 | of land described in Official Records Book 5241, Page |
| 239 | 3626, Public Records of Brevard County, Florida; |
| 240 | thence run East along the North line of land described |
| 241 | in Official Records Book 5241, Page 3626, Public |
| 242 | Records of Brevard County, Florida, and also East |
| 243 | along the North line of Lot 20, Griffies Subdivision |
| 244 | No. 2 as recorded in Plat Book 16, Page 116, Public |
| 245 | Records of Brevard County, Florida, for a distance of |
| 246 | 163.5 feet more or less to a point, said point being |
| 247 | the Northeast corner of said Lot 20, Griffies |
| 248 | Subdivision No. 2; thence continue East for a distance |
| 249 | of 50 feet more or less to a point, said point lying |
| 250 | along the East right-of-way of Linda Lane (50 foot |
| 251 | wide right-of-way); thence run South along the East |
| 252 | right-of-way line of Linda Lane for a distance of 150 |
| 253 | feet more or less to a point, said point being the |
| 254 | Northwest corner of Lot 16, Griffies Subdivision as |
| 255 | recorded in Plat Book 13, Page 94, Public Records of |
| 256 | Brevard County, Florida; thence run East along the |
| 257 | North line of said Lot 16 for a distance of 110 feet |
| 258 | more or less to a point, said point being the |
| 259 | Northeast corner of Lot 16, Griffies subdivision; |
| 260 | thence run South along the East lines of Lots 16, 17, |
| 261 | and into Aurora Road right-of-way for a distance of |
| 262 | 190.80 feet more or less to a point, said point lying |
| 263 | along the North line of the Southeast quarter of |
| 264 | Section 18, Township 27 South, Range 37 East; thence |
| 265 | run East along the said North line of the Southeast |
| 266 | quarter for a distance of 180 feet more or less to a |
| 267 | point, said point being the intersection of the North |
| 268 | line of the Southeast quarter and the Northerly |
| 269 | extension of the East right-of-way line of Bowers Road |
| 270 | (25 foot wide right-of-way); thence run South along |
| 271 | the Northerly projection of said East right-of-way for |
| 272 | a distance of 173 feet more or less to a point, said |
| 273 | point being the Northwest corner of land described in |
| 274 | Official Records Book 4855, Page 3004, Public Records |
| 275 | of Brevard County, Florida; thence run East along the |
| 276 | North line of land described in said Official Records |
| 277 | Book 4855, Page 3004 for a distance of 97.5 feet more |
| 278 | or less to a point, said point being the Northeast |
| 279 | corner of said Official Records Book 4855, Page 3004, |
| 280 | Public Records of Brevard County, Florida; thence |
| 281 | continue East for a distance of 20 feet more or less |
| 282 | to a point, said point being on the Western line of |
| 283 | land described in Official Records Book 5343, Page |
| 284 | 0635, Public Records of Brevard County, Florida; |
| 285 | thence run North along the West line of said Official |
| 286 | Records Book 5343, Page 0635, Public Records of |
| 287 | Brevard County, Florida, and also the West line of |
| 288 | lands described in Official Records Book 5343, Page |
| 289 | 0635, Public Records of Brevard County, Florida, for a |
| 290 | distance of 140 feet more or less to a point, said |
| 291 | point being the Northwest corner of lands described in |
| 292 | Official Records Book 5343, Page 0635, Public Records |
| 293 | of Brevard County, Florida, and also said point lying |
| 294 | along the South right-of-way line of Aurora Road |
| 295 | (right-of-way varies); thence continue North for a |
| 296 | distance of 33 feet more or less to a point, said |
| 297 | point lying along the North line of the Southeast |
| 298 | quarter of Section 18, Township 27 South, Range 37 |
| 299 | East; thence run East along the North line of said |
| 300 | Southeast quarter for a distance of 576 feet more or |
| 301 | less to a point, said point being the Northeast corner |
| 302 | of the Southeast quarter of said Section 18 and the |
| 303 | Point-of-Beginning. Containing 52.67 acres +/- of |
| 304 | land and 6.59 acres +/- of right-of-way for a total of |
| 305 | 59.26 acres +/-. |
| 306 | (7) Upon annexation into the City of Melbourne, Aurora |
| 307 | Road Area A shall be subject to the provisions of section |
| 308 | 171.062, Florida Statutes. Nothing in this act shall be |
| 309 | construed to affect or abrogate the rights of parties to any |
| 310 | contracts, whether the same be between Brevard County and a |
| 311 | third party or between nongovernmental entities, which contracts |
| 312 | are in effect prior to the effective date of the annexation and |
| 313 | affect all or portions of the area to be annexed. |
| 314 | (8) Subsequent to the effective date of the annexation, |
| 315 | any resident in the area to be annexed by this section into the |
| 316 | City of Melbourne shall be deemed to have met any residency |
| 317 | requirements for candidacy for municipal office. |
| 318 | (9) All public roads and the public rights-of-way |
| 319 | associated therewith, on the Brevard County Road System, lying |
| 320 | within the limits of the lands subject to annexation herein, as |
| 321 | described in subsection (6), are transferred from Brevard County |
| 322 | jurisdiction to the jurisdiction of the City of Melbourne after |
| 323 | approval of the annexation, except for those portions of Aurora |
| 324 | Road and Croton Road and their respective rights-of-way, lying |
| 325 | within the limits of the annexation area. All rights, title, |
| 326 | interests, and responsibilities for any transferred roads, |
| 327 | including, but not limited to, the ownership, operation, |
| 328 | maintenance, planning, design, and construction of said roads, |
| 329 | and to the rights-of-way associated therewith, shall transfer |
| 330 | from Brevard County jurisdiction and ownership to the |
| 331 | jurisdiction and ownership of the City of Melbourne upon the |
| 332 | effective date of the annexation. |
| 333 | Section 2. Annexation of Aurora Road Area B.-- |
| 334 | (1) No later than June 30, 2007, the governing body of the |
| 335 | City of Melbourne, after having considered the effects of |
| 336 | annexation of Aurora Road Area B on both the residents of the |
| 337 | area and on the City of Melbourne, may inform the Brevard County |
| 338 | Supervisor of Elections of its desire to hold an election to |
| 339 | determine whether Aurora Road Area B shall be annexed into the |
| 340 | City of Melbourne. A copy of the notice to the supervisor of |
| 341 | elections shall also be sent to the Brevard County Legislative |
| 342 | Delegation and Brevard County Board of County Commissioners. The |
| 343 | election may be held, if at all, at any time prior to December |
| 344 | 31, 2007. If the referendum shall fail to receive a majority |
| 345 | vote of the registered electors voting, the city shall not be |
| 346 | barred from holding another election at a later date, provided |
| 347 | that such election shall be held no later than December 31, |
| 348 | 2007. |
| 349 | (2) The City of Melbourne shall have the ultimate |
| 350 | responsibility for determining the election date and the method |
| 351 | of holding the election, provided that the method of holding the |
| 352 | election is consistent with general law, but no date or method |
| 353 | of holding an election shall be finally determined until the |
| 354 | City of Melbourne has coordinated with the Brevard County |
| 355 | Supervisor of Elections to determine that the supervisor of |
| 356 | elections is reasonably able to hold the election on the date |
| 357 | and in the method selected by the City of Melbourne. The City of |
| 358 | Melbourne is specifically authorized but not obligated to hold |
| 359 | the election as a mail ballot election pursuant to the Mail |
| 360 | Ballot Election Act, sections 101.6101-101.6107, Florida |
| 361 | Statutes. Regardless of the method by which the election is |
| 362 | held, voters may vote by absentee ballot as provided by law. |
| 363 | (3) Ballots or mechanical voting devices used in the |
| 364 | referendum on annexation shall offer the following form of |
| 365 | ballot substantially as follows: |
| 366 |
|
| 367 | ANNEXATION OF AURORA ROAD AREA B |
| 368 |
|
| 369 | Shall Aurora Road Area B be annexed into the City of Melbourne? |
| 370 |
|
| 371 | For annexation of property described as Aurora Road Area B |
| 372 |
|
| 373 | Against annexation of property described as Aurora Road Area B |
| 374 |
|
| 375 | (4) On the day of the referendum on annexation, there |
| 376 | shall be prominently displayed at each polling place a copy of |
| 377 | this act, including a map clearly depicting the area to be |
| 378 | annexed. If the election is held by mail ballot or a voter |
| 379 | requests to vote by absentee ballot, a copy of this act and a |
| 380 | map clearly depicting the area to be annexed shall be |
| 381 | distributed to the voter together with the voter's ballot. |
| 382 | (5) Only registered voters residing in Aurora Road Area B |
| 383 | may vote in said election. The voters residing in Aurora Road |
| 384 | Area B, by majority vote of the voters participating in the |
| 385 | election, shall choose whether the area is to be annexed into |
| 386 | the City of Melbourne. If a majority of those registered |
| 387 | electors residing in the area to be annexed and participating in |
| 388 | said election shall vote for the annexation of Aurora Road Area |
| 389 | B into the City of Melbourne, said annexation shall become |
| 390 | effective 30 days after the referendum. |
| 391 | (6) "Aurora Road Area B" is described as: |
| 392 | A series of parcels, lots, and rights-of-way located within |
| 393 | Township 27 South, Range 37 East, Section 18, Brevard County, |
| 394 | Florida, being more particularly described as follows: |
| 395 |
|
| 396 | Commence and begin at the Southwest corner of Lot 1, |
| 397 | Block "X", Leewood Forest Section Seven Subdivision as |
| 398 | recorded in Plat Book 18, Page 73, Public Records of |
| 399 | Brevard County, Florida, said corner also lying along |
| 400 | the North right-of-way line of Kingston Lane (50 foot |
| 401 | wide right-of-way); thence run West along the North |
| 402 | right-of-way of Kingston Lane for a distance of 636.96 |
| 403 | feet more or less to a point, said point being the |
| 404 | intersection of the North right-of-way line of |
| 405 | Kingston Lane and the East right-of-way line of |
| 406 | Wickham Road (right-of-way varies); thence run North |
| 407 | along said East right-of-way line for a distance of 11 |
| 408 | feet more or less to a point, said point being the |
| 409 | Southwest corner of Lot 10, Blake Plat No. 6 |
| 410 | Subdivision, as recorded in Plat Book 9, Page 29, |
| 411 | Public Records of Brevard County, Florida; thence run |
| 412 | East along the South lines of Lots 10, 9, 8, 7, 6, and |
| 413 | 5 of said Blake Plat No. 6 for a distance of 382.65 |
| 414 | feet more or less to a point, said point being the |
| 415 | Southeast corner of Lot 5, Blake Plat No. 6 |
| 416 | Subdivision; thence run North along the East line of |
| 417 | said Lot 5 for a distance of 683 feet more or less to |
| 418 | a point, said point being the Northeast corner of the |
| 419 | aforementioned Lot 5 and also said point lying along |
| 420 | the South right-of-way line of Aurora Road (right-of- |
| 421 | way Varies); thence continue North for a distance of |
| 422 | 33 feet more or less to a point, said point being |
| 423 | along the North line of the Southwest corner of |
| 424 | Section 18, Township 27 South, Range 37 East; thence |
| 425 | run East along said North line of the Southwest |
| 426 | quarter for a distance of 575 feet more or less to a |
| 427 | point, said point being the intersection of the North |
| 428 | line of the Southwest quarter of Section 18 and the |
| 429 | Southerly extension of the West property line of lands |
| 430 | described in Official Records Book 4588, Page 2356, |
| 431 | Public Records of Brevard County, Florida; thence run |
| 432 | North along said extension for a distance of 33 feet |
| 433 | more or less to a point, said point being along the |
| 434 | North right-of-way of Aurora Road (right-of-way |
| 435 | varies) and also being the Southwest corner of lands |
| 436 | described in Official Records Book 4588, Page 2356, |
| 437 | Public Records of Brevard County, Florida; thence run |
| 438 | North along the West line of land described in |
| 439 | Official Records Book 4588, Page 2356, Public Records |
| 440 | of Brevard County, Florida, for a distance of 125.92 |
| 441 | feet more or less to a point, said point being the |
| 442 | Northwest corner of said Official Records Book 4588, |
| 443 | Page 2356, Public Records of Brevard County, Florida; |
| 444 | thence run East along the North lines of land |
| 445 | described in Official Records Book 4588, Page 2356 and |
| 446 | Official Records Book 4732, Page 3505, all in the |
| 447 | Public Records of Brevard County, Florida, for a |
| 448 | distance of 100 feet more or less to a point, said |
| 449 | point being the Southwest corner of Lot 5, Vickers |
| 450 | Subdivision as recorded in Plat Book 11, Page 67, |
| 451 | Public Records of Brevard County, Florida; thence run |
| 452 | North along the West lines of Lots 5, 4, and 3, |
| 453 | Vickers Subdivision for a distance of 225 feet more or |
| 454 | less to a point, said point lying along the West line |
| 455 | of said Lot 3; thence run East parallel to and 25 feet |
| 456 | South of the North line of Lot 3 for a distance of 92 |
| 457 | feet more or less to a point, said point lying along |
| 458 | the West right-of-way line of Vickers Drive (66 foot |
| 459 | wide right-of-way); thence run North along said Right- |
| 460 | of-Way for a distance of 50 feet more or less to a |
| 461 | point along the West right-of-way of Vickers Drive; |
| 462 | thence run West parallel to and 25 feet South of the |
| 463 | North line of said Lot 3 for a distance of 92 feet |
| 464 | more or less to a point, said point being along the |
| 465 | West line of Lot 3, Vickers Subdivision; thence run |
| 466 | North along the West line of Lots 3, 2, and 1 of |
| 467 | Vickers Subdivision for a distance of 225 feet more or |
| 468 | less to the Northwest corner of Lot 1, Vickers |
| 469 | Subdivision; thence run East along the North lines of |
| 470 | Lot 1, Vickers Drive right-of-way, Lot 12 of Vickers |
| 471 | Subdivision, and lands described in Official Records |
| 472 | Book 4827, Page 1993, and Official Records Book 4952, |
| 473 | Page 0253, all in the Public Records of Brevard |
| 474 | County, Florida, for a distance of 910 feet more or |
| 475 | less to a point, said point being the Northeast corner |
| 476 | of land described in Official Records Book 4952, Page |
| 477 | 0253, Public Records of Brevard County, Florida; |
| 478 | thence run South along the East lines of Lands |
| 479 | described in Official Records Book 4952, Page 0253 and |
| 480 | Official Records Book 1861, Page 0370, all in the |
| 481 | Public Records of Brevard County, Florida, for a |
| 482 | distance of 380 feet more or less to a point, said |
| 483 | point being the Southeast corner of lands described in |
| 484 | Official Records Book 1861, Page 0370, Public Records |
| 485 | of Brevard County, Florida; thence run West along the |
| 486 | South line of said Official Records Book 1861, Page |
| 487 | 0370, Public Records of Brevard County, Florida, for a |
| 488 | distance of 70 feet more or less to a point, said |
| 489 | point being the Southwest corner or lands described in |
| 490 | Official Records Book 1861, Page 0370, Public Records |
| 491 | of Brevard County, Florida; thence run South along the |
| 492 | East line of lands described in Official Records Book |
| 493 | 4952, Page 0253, Public Records of Brevard County, |
| 494 | Florida, for a distance of 230 feet more or less to a |
| 495 | point, said point being the Southeast corner of said |
| 496 | Official Records Book 4952 Page 0253, Public Records |
| 497 | of Brevard County, Florida, and also said point lying |
| 498 | along the North right-of-way line of Aurora Road |
| 499 | (right-of-way varies); thence continue South for a |
| 500 | distance of 66 feet more or less to the South right- |
| 501 | of-way of line of Aurora Road; thence run West along |
| 502 | the South right-of-way of line of Aurora Road for a |
| 503 | distance of 175 feet more or less to a point, said |
| 504 | point being the Northeast corner of land described in |
| 505 | Official Records Book 3125, Page 1373 Public Record of |
| 506 | Brevard County, Florida; thence run South along the |
| 507 | East line of said Official Records Book 3125, Page |
| 508 | 1373, Public Records of Brevard County, Florida, for a |
| 509 | distance of 627 feet more or less to a point, said |
| 510 | point being the Southeast corner of lands described in |
| 511 | Official Records Book 3125, Page 1373, Public Records |
| 512 | of Brevard County, Florida, and also lying along the |
| 513 | North line of Leewood Forest Section 6 Subdivision as |
| 514 | recorded in Plat Book 17, Page 58, Public Records of |
| 515 | Brevard County, Florida; thence run West along the |
| 516 | North lines of Leewood Forest Section 6 Subdivision |
| 517 | and the Replat of a Portion of Leewood Forest Section |
| 518 | 6 Subdivision as recorded in Plat Book 18, Page 8, |
| 519 | Public Records of Brevard County, Florida, for a |
| 520 | distance of 389 feet more or less to a point, said |
| 521 | point being the Northwest corner of Lot 2, Replat of a |
| 522 | Portion of Leewood Forest Section 6 Subdivision; |
| 523 | thence run South along the West line of said Lot 2 for |
| 524 | a distance of 100.47 feet more or less to a point, |
| 525 | said point being the Southwest corner of said Lot 2 |
| 526 | and also lying along the North right-of-way line of |
| 527 | Lorna Drive (50 foot wide right-of-way); thence run |
| 528 | West along the North right-of-way line of Lorna Drive |
| 529 | for a distance of 25.34 feet more or less to a point, |
| 530 | said point being the Southeast corner of Lot 15, Block |
| 531 | "X", Leewood Forest Section Seven Subdivision as |
| 532 | recorded in Plat Book 18, Page 73, Public Records of |
| 533 | Brevard County, Florida; thence run North along the |
| 534 | East lines of Lots 15, 14, and a 50 foot wide drainage |
| 535 | easement for a distance of 258.59 feet more or less to |
| 536 | a point, said point being the Northeast corner of said |
| 537 | Leewood Forest Section Seven Subdivision; thence run |
| 538 | Westerly along the North line of Leewood Forest |
| 539 | Section Seven Subdivision for a distance of 670.23 |
| 540 | feet more or less to a point, said point being the |
| 541 | Northwest corner of Leewood Forest Section Seven |
| 542 | Subdivision; thence run South along the West lines of |
| 543 | a 50 foot wide drainage easement and Lot 1, Block "X", |
| 544 | Leewood Forest Section Seven Subdivision for a |
| 545 | distance of 161.42 feet more or less to a point, said |
| 546 | point being the Southwest corner of Lot 1, Block "X", |
| 547 | Leewood Forest Section Seven Subdivision and the |
| 548 | Point-of-Beginning. Containing 27.86 acres +/- of |
| 549 | land and 4.55 acres +/- of right-of-way for a total of |
| 550 | 32.41 acres +/-. |
| 551 | (7) Upon annexation into the City of Melbourne, Aurora |
| 552 | Road Area B shall be subject to the provisions of section |
| 553 | 171.062, Florida Statutes. Nothing in this act shall be |
| 554 | construed to affect or abrogate the rights of parties to any |
| 555 | contracts, whether the same be between Brevard County and a |
| 556 | third party or between nongovernmental entities, which contracts |
| 557 | are in effect prior to the effective date of the annexation and |
| 558 | affect all or portions of the area to be annexed. |
| 559 | (8) Subsequent to the effective date of the annexation, |
| 560 | any resident in the area to be annexed by this section into the |
| 561 | City of Melbourne shall be deemed to have met any residency |
| 562 | requirements for candidacy for municipal office. |
| 563 | (9) All public roads and the public rights-of-way |
| 564 | associated therewith, on the Brevard County Road System, lying |
| 565 | within the limits of the lands subject to annexation herein, as |
| 566 | described in subsection (6), are transferred from Brevard County |
| 567 | jurisdiction to the jurisdiction of the City of Melbourne after |
| 568 | approval of the annexation, except for those portions of Aurora |
| 569 | Road and its right-of-way, lying within the limits of the |
| 570 | annexation area. All rights, title, interests, and |
| 571 | responsibilities for any transferred roads, including, but not |
| 572 | limited to, the ownership, operation, maintenance, planning, |
| 573 | design, and construction of said roads, and to the rights-of-way |
| 574 | associated therewith, shall transfer from Brevard County |
| 575 | jurisdiction and ownership to the jurisdiction and ownership of |
| 576 | the City of Melbourne upon the effective date of the annexation. |
| 577 | Section 3. This act shall take effect upon becoming a law. |