HB 1359

1
A bill to be entitled
2An act relating to Broward County; providing for extending
3the corporate limits of the City of Coral Springs and the
4City of Parkland; providing for the annexation of
5specified unincorporated areas; providing for annexation
6of the unincorporated area known as Country Acres;
7providing for an election; providing for an effective date
8of annexation; providing for an interlocal agreement;
9providing for a continuation of certain Broward County
10regulations; providing for the transfer of public roads
11and rights-of-way; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  The following described areas are hereby
16annexed into the City of Parkland effective September 15, 2006:
17
18Parkland Section 32 Area described as that portion of
19Section 32, Township 47 South, Range 41 East, Broward
20County, Florida:
21
22COMMENCING at the Northwest corner of the South One-
23Half (S 1/2) of the South One-Half (S 1/2) of the
24Northwest One-Quarter (NW 1/4) of said Section 31,
25being a point on the municipal boundary of the City of
26Parkland, as described in City of Parkland Ordinance
27No. 97-13 and 02-11;
28
29Thence along said municipal boundary the following six
30courses;
31
32Thence North 89?57'06" East, along the North line of
33said South One-Half (S 1/2) of the South One-Half (S
341/2) of the Northwest One-Quarter (NW 1/4), a distance
35of 2268.58 feet to the Northeast corner of said South
36One-Half (S 1/2) of the South One-Half (S 1/2) of the
37Northwest One-Quarter (NW 1/4);
38
39Thence North 89?57'16" East, along the North line of
40the South One-Half (S 1/2) of the South One-Half (S
411/2) of the Northeast One-Quarter (NE 1/4) of said
42Section 31, a distance of 2268.08 feet to the
43Northeast corner of said South One-Half (S 1/2) of the
44South One-Half (S 1/2) of the Northeast One-Quarter
45(NE 1/4);
46
47Thence continue North 89?57'16" East, along the
48Easterly prolongation of said North line, a distance
49of 16.58 feet to a line parallel with and 16.58 feet
50Easterly from the West line of the Northwest One-
51Quarter (NW 1/4) of said Section 32;
52
53Thence North 01?22'19" West, along said parallel line,
54a distance of 655.48 feet to a line parallel with and
551313.28 feet Southerly from the North line of said
56Northwest One-Quarter (NW 1/4);
57
58Thence North 89?36'52" East, along said parallel line,
59a distance of 2623.50 feet to the East line of said
60Northwest One-Quarter (NW 1/4);
61
62Thence North 01?21'25" West, along said East line, a
63distance of 775.99 feet to the POINT OF BEGINNING;
64
65Thence along said municipal boundary of the City of
66Parkland, as described in City of Parkland Ordinance
67No. 97-13, the following three courses;
68
69Thence North 89?37'21" East, parallel to the North
70line of the Northeast One-Quarter (NE 1/4) of said
71Section 32, a distance of 482.47 feet;
72
73Thence North 01?21'25" West, parallel to said East
74line of the Northwest One-Quarter (NW 1/4) of said
75Section 32, a distance of 417.46 feet to a line
76parallel with and 120.00 feet Southerly from said
77North line of the Northeast One-Quarter (NE 1/4) of
78said Section 32;
79Thence South 89?37'21" West, along said parallel line,
80a distance of 482.47 feet to said East line of the
81Northwest One-Quarter (NW 1/4) of said Section 32;
82
83Thence South 01?21'25" East, along said East line and
84said municipal boundary of the City of Parkland, as
85described in City of Parkland Ordinance No. 02-11, a
86distance of 417.46 feet to the POINT OF BEGINNING.
87
88Together with:
89
90Parkland Section 35 Area described as that portion of
91Section 35, Township 47 South, Range 41 East, Broward
92County, Florida:
93
94COMMENCE at the Southwest corner of Tract 16, "Florida
95Fruit Lands Company's Subdivision No. 2," according to
96the plat thereof, as recorded in Plat Book 1, Page 102
97of the Public Records of Palm Beach County, Florida;
98
99Thence Easterly along the South line of said Tract 16
100to a point on a line 75 feet East of and parallel
101with, as measured at right angles to, the West line of
102said Section 35 also being the municipal boundary of
103the City of Parkland, as described in City of Parkland
104Ordinance No. 20 and to the POINT OF BEGINNING;
105
106Thence along said municipal boundary the following
107four courses;
108
109Thence Easterly along the South line of said Tract 16
110to the Southeast corner of said Tract 16;
111
112Thence Southerly along the West lines of Tracts 10, 11
113and 12 of said, "Florida Fruit Lands Company's
114Subdivision No. 2," to a point on the South line of
115the North One-Half (N 1/2) of said Section 35;
116
117Thence Easterly along said South line to the Southeast
118corner of Tract 5 of said, "Florida Fruit Lands
119Company's Subdivision No. 2;"
120
121Thence Northerly along the East lines of Tracts 5, 6
122and 7 of said, "Florida Fruit Lands Company's
123Subdivision No. 2," to a line 285 feet South of and
124parallel with, as measured at right angles to, the
125South right-of-way line of the Hillsboro Canal;
126
127Thence Northwesterly along said parallel line to a
128line 100 feet West of and parallel with, as measured
129at right angles to, the East line of Tracts 7 and 8 of
130said "Florida Fruit Lands Company's Subdivision No.
1312;"
132
133Thence Northerly along said parallel line to a point
134on the South Canal right-of-way line and a point on
135the municipal boundary of the City of Parkland, as
136described in Chapter 84-505, Laws of Florida;
137
138Thence Northwesterly along said municipal boundary of
139the City of Parkland to a point on the North line of
140said Section 35 also being the North boundary of
141Broward County, as described in Section 7.06, Florida
142Statutes;
143
144Thence Westerly along said North line and North
145boundary to a point on a line 75 feet East of and
146parallel with, as measured at right angles to, the
147West line of said Section 35 also being a point on the
148municipal boundary of the City of Parkland, as
149described in Chapter 84-505, Laws of Florida;
150
151Thence Southerly along said parallel line and
152municipal boundary to the POINT OF BEGINNING.
153
154Together with:
155
156Parkland Section 35 Area A described as that portion
157of Section 35, Township 47 South, Range 41 East,
158Broward County, Florida:
159
160BEGINNING at the intersection of the East line of said
161Section 35 with the Southerly right-of-way line of
162that certain 35-foot right-of-way for State Road No.
163827, as shown on the State of Florida, State Road
164Department right-of-way map for said State Road No.
165827, Section 86002-2501, sheet 8 of 11;
166
167Thence Northwesterly along said Southerly right-of-way
168line and along the municipal boundary of the City of
169Parkland, as described in Chapter 84-505, Laws of
170Florida, to the East line of the West One-Half (W 1/2)
171of Tract 2, "Florida Fruit Lands Company's Subdivision
172No. 2," according to the plat thereof, as recorded in
173Plat Book 1, Page 102 of the Public Records of Palm
174Beach County, Florida;
175
176Thence South along said East line and along the
177municipal boundary of the City of Parkland, as
178described in Ordinance 20 of the City of Parkland, to
179a point on the municipal boundary of the City of
180Parkland, as described in Ordinance 2001-6 of the City
181of Parkland, said point being 1372.22 feet North of
182the South line of Tract 4 of said "Florida Fruit Lands
183Company's Subdivision No. 2," as measured along the
184West line of the East One-Half (E 1/2) of Tracts 4, 3
185and 2 of said, "Florida Fruit Lands Company's
186Subdivision No. 2;"
187
188Thence along said municipal boundary the following
189four (4) courses and distances;
190
191Thence North 52?44'13" East, a distance of 48.54 feet;
192
193Thence South 73?15'40" East, a distance of 307.97
194feet;
195
196Thence South 01?15'45" East, along a line 320 feet
197West of and parallel to the East line of said Tracts
1982, 3 and 4, a distance of 1311.06 feet;
199
200Thence Southerly along a line 320 feet West of the
201East line of Tracts 25, 26 and 27 of said "Florida
202Fruit Lands Company's Subdivision No. 2," to the South
203line of said Tract 27;
204
205Thence Easterly along said South line and along the
206municipal boundary of the City of Parkland, as
207described in Ordinance 91-40 of the City of Parkland,
208to the East line of said Section 35;
209
210Thence North 01?15'45" West, along said East line and
211along the municipal boundary of the City of Parkland,
212as described in Chapter 88-531, Laws of Florida, to
213the POINT OF BEGINNING.
214
215Together with:
216
217Parkland Section 35 and 36 Area C described as that
218portion of Section 35 & 36, Township 47 South, Range
21941 East, Broward County, Florida:
220
221BEGINNING at the intersection of the North Boundary of
222Broward County, as described in Section 7.06, Florida
223Statutes, with the West right-of-way line of State
224Road 7 (U.S. 441);
225
226Thence Southerly along said West right-of-way line to
227a point on the municipal boundary of the City of
228Parkland, as described in Resolution No. 88-28 of the
229City of Parkland, said point being on the Southerly
230right-of-way line of the Hillsboro Canal;
231
232Thence Westerly along said municipal boundary and
233Southerly right-of-way line to a point on the
234municipal boundary of the City of Parkland, as
235described in Chapter 84-505, Laws of Florida, being a
236point of intersection with the North right-of-way line
237of State Road No. 827, as shown on the State of
238Florida, State Road Department right-of-way map for
239said State Road No. 827, Section 86002-2501, sheet 8
240of 11;
241
242Thence Northwesterly along said municipal boundary and
243North right-of-way line to the intersection with the
244North line of said Section 35 and a point on the said
245North boundary of Broward County;
246
247Thence Easterly along said North line and said North
248boundary to the centerline of the Hillsboro State
249Drainage Canal (Hillsboro Canal);
250
251Thence Southeasterly along said centerline and said
252North boundary of Broward County to the POINT OF
253BEGINNING.
254
255Together with:
256
257Parkland Section 36 Area D described as that portion
258of Section 36, Township 47 South, Range 41 East,
259Broward County, Florida:
260
261COMMENCING at the intersection of the South right-of-
262way line of the Hillsboro Canal (260-foot right-of-
263way) with the West right-of-way line of State Road 7
264(U.S. 441) said point being on the municipal boundary
265of the City of Parkland, as described in Resolution
266No. 88-28 of the City of Parkland;
267
268Thence South 89?35'25" West, along said South right-of-way
269line and municipal boundary, for a distance of 261.99 feet
270to a point of curvature;
271
272Thence Westerly along said curve to the right and said
273South right-of-way line and municipal boundary, having
274a radius of 860.00 feet, a central angle of 18?32'40",
275for an arc distance of 278.35 feet to a point of
276tangency;
277
278Thence North 71?51'55" West, along said South right-
279of-way line and municipal boundary, for a distance of
280718.80 feet to the POINT OF BEGINNING;
281
282Thence continue along said municipal boundary and
283relocated State Road No. 827 (Loxahatchee Road), the
284following four (4) courses;
285
286Thence Southeasterly along a curve to the right whose
287tangent bears South 37?31'22" East, having a radius of
288405.09 feet, a central angle of 01?10'48", for an arc
289distance of 8.34 feet to a point of tangency;
290
291Thence South 36?20'34" East, for a distance of 568.75
292feet to a point of curvature;
293
294Thence Southeasterly along a curve to the left, having
295a radius of 625.00 feet, a central angle of 55?00'00",
296for an arc distance of 599.96 feet to a point of
297tangency;
298
299Thence North 88?39'26" East to a point on the West
300right-of-way line of State Road No. 7 (U.S. 441) and
301the municipal boundary of the City of Parkland, as
302described in Chapter 2003-379, Laws of Florida;
303
304Thence Southerly, along said West right-of-way line
305and municipal boundary, for a distance of 60.00 feet;
306
307Thence along the municipal boundary of the City of
308Parkland, as described in Resolution No. 88-28 of the
309City of Parkland, the following four (4) courses;
310
311Thence South 88?39'26" West to a point of curvature;
312
313Thence Northwesterly along a curve to the right having
314a radius of 685.00 feet, a central angle of 55?00'00",
315for an arc distance of 657.55 feet to a point of
316tangency;
317
318Thence North 36?20'34" West, for a distance of 568.75
319feet to a point of curvature;
320
321Thence Northwesterly along a curve to the left, with a
322radius of 345.09 feet, a central angle of 21?16'28",
323for an arc distance of 128.13 feet to a point on the
324South right-of-way line of aforesaid Hillsboro Canal;
325
326Thence South 71?51'55" East, along said South right-
327of-way line and the municipal boundary of the City of
328Parkland, as described in Chapter 84-505, Laws of
329Florida, to the POINT OF BEGINNING.
330
331     Section 2.  The legal description of the Country Acres Area
332is:
333
334That portion of Section 11, Township 48 South, Range
33541 East, Broward County, Florida, described as
336follows:
337
338BEGINNING at the intersection of the Southerly right-
339of-way line of the Sawgrass Expressway with the East
340line of the Northeast One-Quarter (NE 1/4) of said
341Section 11 being a point on the municipal boundary of
342the City of Coral Springs as established by Chapter
3432002-364, Laws of Florida;
344
345THENCE along said municipal boundary by Chapter 2002-
346364, Laws of Florida, the following eight (8) courses;
347
348THENCE South 00?59'57" East along the said East line
349of the said Northeast One-Quarter (NE 1/4), a distance
350of 2,338.34 feet to the Northeast corner of the
351Southeast One-Quarter (SE 1/4) of said Section 11;
352
353THENCE North 89?26'26" West along the North line of
354the said Southeast One-Quarter (SE 1/4) of said
355Section 11, a distance of 1,320.24 feet;
356
357THENCE South 00?56'23" East thru the said Southeast
358One-Quarter (SE 1/4) of said Section 11, a distance of
3591,236.11 feet;
360
361THENCE South 01?03'06" East continuing thru the said
362Southeast One-Quarter (SE 1/4) of said Section 11, a
363distance of 1,387.13 feet to the South line of the
364Southeast One-Quarter (SE 1/4) of said Section 11;
365
366THENCE North 89?25'25" West along the said South line
367of said Southeast One-Quarter (SE 1/4), for a distance
368of 661.43 feet;
369
370THENCE North 00?59'43" West thru the Southeast One-
371Quarter (SE 1/4) of said Section 11, a distance of
3721,440.04 feet;
373
374THENCE North 01?03'18" West continuing thru said
375Southeast One-Quarter (SE 1/4) of said Section 11, a
376distance of 1,198.02 feet to the North line of the
377said Southeast One-Quarter (SE 1/4) of said Section
37811;
379
380THENCE North 01?01'19" West thru the Northeast One-
381Quarter (NE 1/4) of said Section 11 to the South
382right-of-way line of the Sawgrass Expressway being a
383point on the municipal boundary of the City of Coral
384Springs as established by Chapter 2003-378, Laws of
385Florida;
386
387THENCE Easterly along said South right-of-way line and
388along said municipal boundary by Chapter 2003-378,
389Laws of Florida, to the POINT OF BEGINNING.
390
391     Section 3.  The Broward County Board of County
392Commissioners shall schedule, at the expense of Broward County,
393an election on March 14, 2006, in accordance with the provisions
394of the law relating to elections currently in force in Broward
395County. The subject of said election shall be the annexation of
396the Country Acres Area into the City of Coral Springs or the
397City of Parkland. Only registered voters residing in the Country
398Acres Area as described in section 2 may vote in said election.
399The voters residing in the Country Acres Area shall, by majority
400vote of the voters participating in the election, choose either
401the City of Coral Springs or the City of Parkland for
402annexation. A mail ballot shall not be used in this election.
403However, voters may vote by absentee ballot as provided by law.
404     Section 4.  Upon a majority of the registered voters
405participating in the election as provided in section 3 voting
406for annexation into the City of Coral Springs or the City of
407Parkland, the Country Acres Area described in section 2 shall be
408deemed a part of said municipality on September 15, 2006,
409pursuant to section 171.062, Florida Statutes, except as
410provided for in this act.
411     Section 5.  An interlocal agreement shall be developed
412between the governing bodies of Broward County and the annexing
413municipality and executed prior to the effective date of the
414annexation as provided for in section 4. The agreement shall
415address infrastructure improvement projects and include a
416financially feasible plan for transitioning county services,
417buildings, infrastructure, waterways, and employees.
418     Section 6.  Subsequent to the effective date of the
419annexation, any resident in the area to be annexed by this act
420into the City of Coral Springs or the City of Parkland shall be
421deemed to have met any residency requirements for candidacy for
422any municipal office.
423     Section 7.  Nothing in this act shall be construed to
424affect or abrogate the rights of parties to any contracts, or
425between nongovernmental entities, which contracts are in effect
426prior to the effective date of the annexation.
427     Section 8.  Upon annexation into a municipality, the
428following shall govern the areas described in section 2: for any
429use, building, or structure that is legally in existence and
430legally compliant at the time that the Country Acres Area
431becomes a part of the municipality, said use shall not be made a
432prohibited use by the municipality, on the property of said use,
433for as long as the use shall continue, and not be voluntarily
434abandoned.
435     Section 9.  Subsequent to the effective date of this act,
436no change in land use designation or zoning shall be effective
437within the limits of the lands subject to annexation herein
438until the Country Acres Area has been annexed into the
439municipality, and no annexation within the Country Acres Area by
440any municipality shall occur during the time period between the
441effective date of this act and the effective date of the
442annexation.
443     Section 10.  (1)  Upon a majority of the registered voters
444residing in the Country Acres Area voting for annexation into
445the City of Coral Springs, the Country Acres Area, as described
446in section 2, will be considered a preservation area and, in
447order to protect the community's rural atmosphere, all Broward
448County land use and zoning classifications and rules and
449regulations that are applicable to this area on the effective
450date of this act shall be adopted by the City of Coral Springs
451for the Country Acres Area. If the Country Acres Area land use
452and zoning classifications and rules and regulations differ from
453those that exist in the City of Coral Springs, the City of Coral
454Springs shall modify its codes by September 15, 2006, to enable
455the Country Acres Area to be maintained as it exists on the
456effective date of this act. Any and all proposed municipal
457enactments that may effect a change in the Country Acres Area,
458including, but not limited to, all quasi-judicial items,
459including zoning modifications, site plans, plats, and
460variances, must be approved by a supermajority of the
461municipality's designated governing body. All applications for
462zoning changes within the Country Acres Area require written
463notification of all Country Acres Area residents. Moreover, any
464application for a change of zoning within the Country Acres Area
465must first come before a preservation board made up of five
466members residing in the Country Acres Area who will be appointed
467every 2 years by the residents of Country Acres and will be
468responsible for issuing recommendations on zoning changes within
469the Country Acres Area.
470     (2)  Upon a majority of the registered voters residing in
471the Country Acres Area voting for annexation into the City of
472Parkland, the City of Parkland shall adopt and enforce land use
473and zoning rules and regulations that preserve the rural
474lifestyle of the Country Acres Area.
475     Section 11.  All public roads and the public rights-of-way
476associated therewith, on the Broward County Road System, lying
477within the limits of the lands subject to annexation herein, are
478transferred from Broward County jurisdiction to the jurisdiction
479of the annexing municipality. All rights, title, interests, and
480responsibilities for any transferred public roads, including,
481but not limited to, the ownership, operation, maintenance,
482planning, design, and construction of said public roads and the
483rights-of-way associated therewith, shall transfer from Broward
484County jurisdiction and ownership to the jurisdiction and
485ownership of the annexing municipality upon the effective date
486of the annexation. Private roads within the Country Acres Area
487shall remain private subject to right of entry by municipal
488vehicles and vehicles providing municipal services.
489     Section 12.  This act shall take effect upon becoming a
490law.


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