Senate Bill sb2662

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005        (NP)                      SB 2662

    By Senator Posey





    24-1396-05                                         See HB 1335

  1                      A bill to be entitled

  2         An act relating to the City of Melbourne,

  3         Brevard County; providing for extending the

  4         corporate limits of the City of Melbourne;

  5         providing for annexation of two unincorporated

  6         areas known and described as Aurora Road Area A

  7         and Aurora Road Area B; providing for

  8         elections; providing for effective dates of

  9         annexation; providing for the effects of

10         annexation; providing for transfer of public

11         roads and rights-of-way; providing an effective

12         date.

13  

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

15  

16         Section 1.  Annexation of Aurora Road Area A.--

17         (1)  No later than June 30, 2007, the governing body of

18  the City of Melbourne, after having considered the effects of

19  annexation of Aurora Road Area A, as hereinafter described, on

20  both the residents of the area and on the City of Melbourne,

21  may inform the Brevard County Supervisor of Elections of its

22  desire to hold an election to determine whether Aurora Road

23  Area A shall be annexed into the City of Melbourne. A copy of

24  the notice to the supervisor of elections shall also be sent

25  to the Brevard County Legislative Delegation and Brevard

26  County Board of County Commissioners. The election may be

27  held, if at all, at any time prior to December 31, 2007. If

28  the referendum shall fail to receive a majority vote of the

29  registered electors voting, the city shall not be barred from

30  holding another election at a later date, provided that such

31  election shall be held no later than December 31, 2007.

                                  1

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    Florida Senate - 2005        (NP)                      SB 2662
    24-1396-05                                         See HB 1335




 1         (2)  The City of Melbourne shall have the ultimate

 2  responsibility for determining the election date and the

 3  method of holding the election, provided that the method of

 4  holding the election is consistent with general law, but no

 5  date or method of holding an election shall be finally

 6  determined until the City of Melbourne has coordinated with

 7  the Brevard County Supervisor of Elections to determine that

 8  the supervisor of elections is reasonably able to hold the

 9  election on the date and in the method selected by the City of

10  Melbourne. The City of Melbourne is specifically authorized

11  but not obligated to hold the election as a mail ballot

12  election pursuant to the Mail Ballot Election Act, sections

13  101.6101-101.6107, Florida Statutes. Regardless of the method

14  by which the election is held, voters may vote by absentee

15  ballot as provided by law.

16         (3)  Ballots or mechanical voting devices used in the

17  referendum on annexation shall offer the following form of

18  ballot substantially as follows:

19  

20                 ANNEXATION OF AURORA ROAD AREA A

21  

22  Shall Aurora Road Area A be annexed into the City of

23  Melbourne?

24  

25  For annexation of property described as Aurora Road Area A

26  

27  Against annexation of property described as Aurora Road Area A

28  

29         (4)  On the day of the referendum on annexation, there

30  shall be prominently displayed at each polling place a copy of

31  this act, including a map clearly depicting the area to be

                                  2

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    Florida Senate - 2005        (NP)                      SB 2662
    24-1396-05                                         See HB 1335




 1  annexed. If the election is held by mail ballot or a voter

 2  requests to vote by absentee ballot, a copy of this act and a

 3  map clearly depicting the area to be annexed shall be

 4  distributed to the voter together with the voter's ballot.

 5         (5)  Only registered voters residing in Aurora Road

 6  Area A may vote in said election. The voters residing in

 7  Aurora Road Area A, by majority vote of the voters

 8  participating in the election, shall choose whether the area

 9  is to be annexed into the City of Melbourne. If a majority of

10  those registered electors residing in the area to be annexed

11  and participating in said election shall vote for the

12  annexation of Aurora Road Area A into the City of Melbourne,

13  said annexation shall become effective 30 days after the

14  referendum.

15         (6)  "Aurora Road Area A" is described as:

16  A series of parcels, lots, and rights-of-way located within

17  Township 27 South, Range 37 East, Section 18, Brevard County,

18  Florida, being more particularly described as follows:

19  

20         Commence and Begin at the Northeast corner of

21         the Southeast quarter of said Section 18;

22         thence run South along the East line of the

23         Southeast quarter for a distance of 433 feet

24         more or less to a point, said point lying along

25         the East line of the Southeast quarter and also

26         lying within Croton Road right-of-way

27         (right-of-way Varies); thence run West

28         perpendicular to the East line of the Southeast

29         quarter for a distance of 30 feet more or less

30         to a point, said point being the Southeast

31         corner of lands described in Official Records

                                  3

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    Florida Senate - 2005        (NP)                      SB 2662
    24-1396-05                                         See HB 1335




 1         Book 1045, Page 0115, Public Records of Brevard

 2         County, Florida; thence continue West along the

 3         South lines of lands described in Official

 4         Records Book 1045, Page 0115, Official Records

 5         Book 1177, Page 0627, Official Records Book

 6         4919, Page 2022, and Official Records Book

 7         5361, Page 0173, all in Public Records of

 8         Brevard County, Florida, for a distance of

 9         567.59 feet more or less to a point, said point

10         being the Southwest corner of lands described

11         in Official Records Book 5361, Page 0173,

12         Public Records of Brevard County, Florida (also

13         known as "Spears Lane" (20 foot wide private

14         right-of-way)); thence run South along the East

15         lines of lands described in Official Records

16         Book 5361, Page 0173, and Official Records Book

17         5186, Page 1513, all in the Public Records of

18         Brevard County, Florida, for a distance of 227

19         feet more or less to a point, said point being

20         the Southeast corner of land described in

21         Official Records Book 5186, Page 1513, Public

22         Records of Brevard County, Florida; thence run

23         West along the South lines of land described in

24         Official Records Book 5186, Page 1513, Official

25         Records Book 4110, Page 1479, Official Records

26         Book 3416, Page 1829, Official Records Book

27         3590, Page 1744, Official Records Book 2308,

28         Page 1872, and Official Records Book 4431, Page

29         2081, all in the Public Records of Brevard

30         County, Florida, for a distance of 690 feet

31         more or less to a point, said point being the

                                  4

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    Florida Senate - 2005        (NP)                      SB 2662
    24-1396-05                                         See HB 1335




 1         intersection point of said South property line

 2         and the northern property line of land

 3         described in Official Records Book 1197, Page

 4         0180, Public Records of Brevard County,

 5         Florida; thence run Northwesterly along the

 6         South lines of land described in Official

 7         Records Book 4431, Page 2081 and Official

 8         Records Book 3712, Page 3380, all in the Public

 9         Records of Brevard County, Florida, for a

10         distance of 240 feet more or less to a point,

11         said point being the intersection of the South

12         line of land described in Official Records Book

13         3782, Page 3380, Public Records of Brevard

14         County, Florida, and the East property line of

15         land described in Official Records Book 5281,

16         Page 1522, Public Records of Brevard County,

17         Florida; thence run Southwest along the East

18         line of land described in Official Records Book

19         5281, Page 1522, Public Records of Brevard

20         County, Florida, for a distance of 122.4 feet

21         more or less to a point, said point being the

22         Southeast corner of lands described in Official

23         Records Book 5281, Page 1522, Public Records of

24         Brevard County, Florida, and also said point

25         being the Northeast corner of Lot 17, Block

26         "E", Leewood Forest Section 3 Subdivision, as

27         recorded in Plat Book 14, Page 38, Public

28         Records of Brevard County, Florida; thence run

29         West along the South lines of lands described

30         in Official Records Book 5281, Page 1522,

31         Official Records Book 3086, Page 0325, Official

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    Florida Senate - 2005        (NP)                      SB 2662
    24-1396-05                                         See HB 1335




 1         Records Book 4373, Page 3482, Official Records

 2         Book 4730, Page 0323, and Official Records Book

 3         3558, Page 3455, all in the Public Records of

 4         Brevard County, Florida, for a distance of

 5         1,893 feet more or less to a point, said point

 6         being the Southwest corner of land described in

 7         official records book 3558, Page 3455; thence

 8         run North along the West line of lands

 9         described in Official Records Book 3558, Page

10         3455 and Official Records Book 3558, Page 3456,

11         all in the Public Records of Brevard County,

12         Florida, for a distance of 627 feet more or

13         less to a point, said point being the Northwest

14         corner of land described in Official Records

15         Book 3558, Page 3456, Public Records of Brevard

16         County, Florida; thence continue North for a

17         distance of 66 feet more or less to a point,

18         said point lying along the North right-of-way

19         line of Aurora Road (right-of-way varies);

20         thence run East along the North right-of-way

21         line of Aurora Road for a distance of 435 feet

22         more or less to a point, said point being the

23         Southeast corner of lands described in Official

24         Records Book 3879, Page 3477, Public Records of

25         Brevard County, Florida; thence run North along

26         the East line of land described in Official

27         Records Book 3879, Page 3477, Public Records of

28         Brevard County, Florida, for a distance of 17

29         feet more or less to a point, said point being

30         the Southwest corner of land described in

31         Official Records Book 2989, Page 4422, Public

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    Florida Senate - 2005        (NP)                      SB 2662
    24-1396-05                                         See HB 1335




 1         Records of Brevard County, Florida; thence run

 2         East along the South line of land described in

 3         Official Records Book 2989, Page 4422, Public

 4         Records of Brevard County, Florida, for a

 5         distance of 290 feet more or less to a point,

 6         said point being the Southeast corner of land

 7         described in Official Records Book 2989, Page

 8         4422, Public Records of Brevard County,

 9         Florida, and also said point being the

10         intersection of the North right-of-way of

11         Aurora Road (right-of-way varies) and the West

12         right-of-way of Lansing Street (100 foot wide

13         right-of-way); thence continue East along the

14         North right-of-way line of Aurora Road for a

15         distance of 200 feet more or less to a point,

16         said point being the Southwest corner of Lot 2,

17         Wilson Gardens Subdivision as recorded in Plat

18         Book 10, Page 33, Public Records of Brevard

19         County, Florida; thence run North along the

20         West line of said Lot 2 for a distance of 330

21         feet more or less to a point, said point being

22         the Northwest corner of said Lot 2; thence run

23         West along the South line of Lot 12, Wilson

24         Gardens Subdivision for a distance of 100 feet

25         more or less to a point, said point being the

26         Southwest corner of said Lot 12 and also being

27         the East right-of-way of Lansing Street (100

28         foot wide right-of-way); thence run North along

29         the East right-of-way of Lansing Street for a

30         distance of 160 feet more or less to a point,

31         said point being the Northwest corner of lands

                                  7

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    Florida Senate - 2005        (NP)                      SB 2662
    24-1396-05                                         See HB 1335




 1         described in Official Records Book 0985, Page

 2         0092, Public Records of Brevard County,

 3         Florida; thence run East parallel to and North

 4         of the North line of Lot 12, Wilson Gardens

 5         Subdivision for a distance of 210 feet more or

 6         less to a point; thence run South parallel to

 7         and West of the East line of said Lot 12 for a

 8         distance of 120 feet more or less to a point;

 9         thence run East Parallel to and North of the

10         North lines of Lots 3 and 4, Wilson Gardens

11         Subdivision for a distance of 200 feet more or

12         less to a point, said point lying along the

13         East line of Lot 11, Wilson Gardens

14         Subdivision; thence run South along the East

15         lines of Lots 11 and 4, Wilson Gardens

16         Subdivision for a distance of 350 feet more or

17         less to a point, said point being the Southeast

18         corner of Lot 4, Wilson Gardens Subdivision and

19         also lying along the North right-of-way of

20         Aurora Road (right-of-way varies) and also said

21         point being the Southwest corner of Lot 7,

22         Block "A", Replat of Wilson Gardens as recorded

23         in Plat Book 11, Page 35, Public Records of

24         Brevard County, Florida; thence run North along

25         the East line of said Lot 7, Block "A" for a

26         distance of 150 feet more or less to a point,

27         said point being the Northeast corner of Lot 7;

28         thence run East across Helen Street

29         right-of-way (50 foot wide right-of-way) and

30         the North line of Lot 7, Block "B", Replat of

31         Wilson Gardens Subdivision for a distance of

                                  8

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    Florida Senate - 2005        (NP)                      SB 2662
    24-1396-05                                         See HB 1335




 1         182.47 feet more or less to a point, said point

 2         being the Northeast corner of said Lot 7, Block

 3         "B"; thence run North along the East lines of

 4         Lots 6 and 5, Block "B", for a distance of 100

 5         feet more or less to a point, said point being

 6         the Northwest corner of Lot 8, Alton Thomas

 7         Acres Subdivision as recorded in Plat Book 11,

 8         Page 57, Public Records of Brevard County,

 9         Florida; thence run East along the North lines

10         of Lots 8, 9, 10, Johnson Drive right-of-way

11         (66 foot wide right-of-way), Lots 30, 31, and

12         32 of Alton Thomas Acres Subdivision for a

13         distance of 746.00 feet more or less to a

14         point, said point being the Northeast corner of

15         Lot 32, Alton Thomas Acres Subdivision; thence

16         run North along the East line of Lot 29, Alton

17         Thomas Acres Subdivision for a distance of 40.8

18         feet more or less to a point, said point being

19         the Northwest corner of land described in

20         Official Records Book 5241, Page 3626, Public

21         Records of Brevard County, Florida; thence run

22         East along the North line of land described in

23         Official Records Book 5241, Page 3626, Public

24         Records of Brevard County, Florida, and also

25         East along the North line of Lot 20, Griffies

26         Subdivision No. 2 as recorded in Plat Book 16,

27         Page 116, Public Records of Brevard County,

28         Florida, for a distance of 163.5 feet more or

29         less to a point, said point being the Northeast

30         corner of said Lot 20, Griffies Subdivision No.

31         2; thence continue East for a distance of 50

                                  9

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    Florida Senate - 2005        (NP)                      SB 2662
    24-1396-05                                         See HB 1335




 1         feet more or less to a point, said point lying

 2         along the East right-of-way of Linda Lane (50

 3         foot wide right-of-way); thence run South along

 4         the East right-of-way line of Linda Lane for a

 5         distance of 150 feet more or less to a point,

 6         said point being the Northwest corner of Lot

 7         16, Griffies Subdivision as recorded in Plat

 8         Book 13, Page 94, Public Records of Brevard

 9         County, Florida; thence run East along the

10         North line of said Lot 16 for a distance of 110

11         feet more or less to a point, said point being

12         the Northeast corner of Lot 16, Griffies

13         subdivision; thence run South along the East

14         lines of Lots 16, 17, and into Aurora Road

15         right-of-way for a distance of 190.80 feet more

16         or less to a point, said point lying along the

17         North line of the Southeast quarter of Section

18         18, Township 27 South, Range 37 East; thence

19         run East along the said North line of the

20         Southeast quarter for a distance of 180 feet

21         more or less to a point, said point being the

22         intersection of the North line of the Southeast

23         quarter and the Northerly extension of the East

24         right-of-way line of Bowers Road (25 foot wide

25         right-of-way); thence run South along the

26         Northerly projection of said East right-of-way

27         for a distance of 173 feet more or less to a

28         point, said point being the Northwest corner of

29         land described in Official Records Book 4855,

30         Page 3004, Public Records of Brevard County,

31         Florida; thence run East along the North line

                                  10

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    Florida Senate - 2005        (NP)                      SB 2662
    24-1396-05                                         See HB 1335




 1         of land described in said Official Records Book

 2         4855, Page 3004 for a distance of 97.5 feet

 3         more or less to a point, said point being the

 4         Northeast corner of said Official Records Book

 5         4855, Page 3004, Public Records of Brevard

 6         County, Florida; thence continue East for a

 7         distance of 20 feet more or less to a point,

 8         said point being on the Western line of land

 9         described in Official Records Book 5343, Page

10         0635, Public Records of Brevard County,

11         Florida; thence run North along the West line

12         of said Official Records Book 5343, Page 0635,

13         Public Records of Brevard County, Florida, and

14         also the West line of lands described in

15         Official Records Book 5343, Page 0635, Public

16         Records of Brevard County, Florida, for a

17         distance of 140 feet more or less to a point,

18         said point being the Northwest corner of lands

19         described in Official Records Book 5343, Page

20         0635, Public Records of Brevard County,

21         Florida, and also said point lying along the

22         South right-of-way line of Aurora Road

23         (right-of-way varies); thence continue North

24         for a distance of 33 feet more or less to a

25         point, said point lying along the North line of

26         the Southeast quarter of Section 18, Township

27         27 South, Range 37 East; thence run East along

28         the North line of said Southeast quarter for a

29         distance of 576 feet more or less to a point,

30         said point being the Northeast corner of the

31         Southeast quarter of said Section 18 and the

                                  11

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    Florida Senate - 2005        (NP)                      SB 2662
    24-1396-05                                         See HB 1335




 1         Point-of-Beginning.  Containing 52.67 acres +/-

 2         of land and 6.59 acres +/- of right-of-way for

 3         a total of 59.26 acres +/-.

 4         (7)  Upon annexation into the City of Melbourne, Aurora

 5  Road Area A shall be subject to the provisions of section

 6  171.062, Florida Statutes. Nothing in this act shall be

 7  construed to affect or abrogate the rights of parties to any

 8  contracts, whether the same be between Brevard County and a

 9  third party or between nongovernmental entities, which

10  contracts are in effect prior to the effective date of the

11  annexation and affect all or portions of the area to be

12  annexed.

13         (8)  Subsequent to the effective date of the

14  annexation, any resident in the area to be annexed by this

15  section into the City of Melbourne shall be deemed to have met

16  any residency requirements for candidacy for municipal office.

17         (9)  All public roads and the public rights-of-way

18  associated therewith, on the Brevard County Road System, lying

19  within the limits of the lands subject to annexation herein,

20  as described in subsection (6), are transferred from Brevard

21  County jurisdiction to the jurisdiction of the City of

22  Melbourne after approval of the annexation, except for those

23  portions of Aurora Road and Croton Road and their respective

24  rights-of-way, lying within the limits of the annexation area.

25  All rights, title, interests, and responsibilities for any

26  transferred roads, including, but not limited to, the

27  ownership, operation, maintenance, planning, design, and

28  construction of said roads, and to the rights-of-way

29  associated therewith, shall transfer from Brevard County

30  jurisdiction and ownership to the jurisdiction and ownership

31  

                                  12

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    Florida Senate - 2005        (NP)                      SB 2662
    24-1396-05                                         See HB 1335




 1  of the City of Melbourne upon the effective date of the

 2  annexation.

 3         Section 2.  Annexation of Aurora Road Area B.--

 4         (1)  No later than June 30, 2007, the governing body of

 5  the City of Melbourne, after having considered the effects of

 6  annexation of Aurora Road Area B on both the residents of the

 7  area and on the City of Melbourne, may inform the Brevard

 8  County Supervisor of Elections of its desire to hold an

 9  election to determine whether Aurora Road Area B shall be

10  annexed into the City of Melbourne. A copy of the notice to

11  the supervisor of elections shall also be sent to the Brevard

12  County Legislative Delegation and Brevard County Board of

13  County Commissioners. The election may be held, if at all, at

14  any time prior to December 31, 2007. If the referendum shall

15  fail to receive a majority vote of the registered electors

16  voting, the city shall not be barred from holding another

17  election at a later date, provided that such election shall be

18  held no later than December 31, 2007.

19         (2)  The City of Melbourne shall have the ultimate

20  responsibility for determining the election date and the

21  method of holding the election, provided that the method of

22  holding the election is consistent with general law, but no

23  date or method of holding an election shall be finally

24  determined until the City of Melbourne has coordinated with

25  the Brevard County Supervisor of Elections to determine that

26  the supervisor of elections is reasonably able to hold the

27  election on the date and in the method selected by the City of

28  Melbourne. The City of Melbourne is specifically authorized

29  but not obligated to hold the election as a mail ballot

30  election pursuant to the Mail Ballot Election Act, sections

31  101.6101-101.6107, Florida Statutes. Regardless of the method

                                  13

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    Florida Senate - 2005        (NP)                      SB 2662
    24-1396-05                                         See HB 1335




 1  by which the election is held, voters may vote by absentee

 2  ballot as provided by law.

 3         (3)  Ballots or mechanical voting devices used in the

 4  referendum on annexation shall offer the following form of

 5  ballot substantially as follows:

 6  

 7                 ANNEXATION OF AURORA ROAD AREA B

 8  

 9  Shall Aurora Road Area B be annexed into the City of

10  Melbourne?

11  

12  For annexation of property described as Aurora Road Area B

13  

14  Against annexation of property described as Aurora Road Area B

15  

16         (4)  On the day of the referendum on annexation, there

17  shall be prominently displayed at each polling place a copy of

18  this act, including a map clearly depicting the area to be

19  annexed. If the election is held by mail ballot or a voter

20  requests to vote by absentee ballot, a copy of this act and a

21  map clearly depicting the area to be annexed shall be

22  distributed to the voter together with the voter's ballot.

23         (5)  Only registered voters residing in Aurora Road

24  Area B may vote in said election. The voters residing in

25  Aurora Road Area B, by majority vote of the voters

26  participating in the election, shall choose whether the area

27  is to be annexed into the City of Melbourne. If a majority of

28  those registered electors residing in the area to be annexed

29  and participating in said election shall vote for the

30  annexation of Aurora Road Area B into the City of Melbourne,

31  

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    Florida Senate - 2005        (NP)                      SB 2662
    24-1396-05                                         See HB 1335




 1  said annexation shall become effective 30 days after the

 2  referendum.

 3         (6)  "Aurora Road Area B" is described as:

 4  A series of parcels, lots, and rights-of-way located within

 5  Township 27 South, Range 37 East, Section 18, Brevard County,

 6  Florida, being more particularly described as follows:

 7  

 8         Commence and begin at the Southwest corner of

 9         Lot 1, Block "X", Leewood Forest Section Seven

10         Subdivision as recorded in Plat Book 18, Page

11         73, Public Records of Brevard County, Florida,

12         said corner also lying along the North

13         right-of-way line of Kingston Lane (50 foot

14         wide right-of-way); thence run West along the

15         North right-of-way of Kingston Lane for a

16         distance of 636.96 feet more or less to a

17         point, said point being the intersection of the

18         North right-of-way line of Kingston Lane and

19         the East right-of-way line of Wickham Road

20         (right-of-way varies); thence run North along

21         said East right-of-way line for a distance of

22         11 feet more or less to a point, said point

23         being the Southwest corner of Lot 10, Blake

24         Plat No. 6 Subdivision, as recorded in Plat

25         Book 9, Page 29, Public Records of Brevard

26         County, Florida; thence run East along the

27         South lines of Lots 10, 9, 8, 7, 6, and 5 of

28         said Blake Plat No. 6 for a distance of 382.65

29         feet more or less to a point, said point being

30         the Southeast corner of Lot 5, Blake Plat No. 6

31         Subdivision; thence run North along the East

                                  15

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    Florida Senate - 2005        (NP)                      SB 2662
    24-1396-05                                         See HB 1335




 1         line of said Lot 5 for a distance of 683 feet

 2         more or less to a point, said point being the

 3         Northeast corner of the aforementioned Lot 5

 4         and also said point lying along the South

 5         right-of-way line of Aurora Road (right-of-way

 6         Varies); thence continue North for a distance

 7         of 33 feet more or less to a point, said point

 8         being along the North line of the Southwest

 9         corner of Section 18, Township 27 South, Range

10         37 East; thence run East along said North line

11         of the Southwest quarter for a distance of 575

12         feet more or less to a point, said point being

13         the intersection of the North line of the

14         Southwest quarter of Section 18 and the

15         Southerly extension of the West property line

16         of lands described in Official Records Book

17         4588, Page 2356, Public Records of Brevard

18         County, Florida; thence run North along said

19         extension for a distance of 33 feet more or

20         less to a point, said point being along the

21         North right-of-way of Aurora Road (right-of-way

22         varies) and also being the Southwest corner of

23         lands described in Official Records Book 4588,

24         Page 2356, Public Records of Brevard County,

25         Florida; thence run North along the West line

26         of land described in Official Records Book

27         4588, Page 2356, Public Records of Brevard

28         County, Florida, for a distance of 125.92 feet

29         more or less to a point, said point being the

30         Northwest corner of said Official Records Book

31         4588, Page 2356, Public Records of Brevard

                                  16

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    Florida Senate - 2005        (NP)                      SB 2662
    24-1396-05                                         See HB 1335




 1         County, Florida; thence run East along the

 2         North lines of land described in Official

 3         Records Book 4588, Page 2356 and Official

 4         Records Book 4732, Page 3505, all in the Public

 5         Records of Brevard County, Florida, for a

 6         distance of 100 feet more or less to a point,

 7         said point being the Southwest corner of Lot 5,

 8         Vickers Subdivision as recorded in Plat Book

 9         11, Page 67, Public Records of Brevard County,

10         Florida; thence run North along the West lines

11         of Lots 5, 4, and 3, Vickers Subdivision for a

12         distance of 225 feet more or less to a point,

13         said point lying along the West line of said

14         Lot 3; thence run East parallel to and 25 feet

15         South of the North line of Lot 3 for a distance

16         of 92 feet more or less to a point, said point

17         lying along the West right-of-way line of

18         Vickers Drive (66 foot wide right-of-way);

19         thence run North along said Right-of-Way for a

20         distance of 50 feet more or less to a point

21         along the West right-of-way of Vickers Drive;

22         thence run West parallel to and 25 feet South

23         of the North line of said Lot 3 for a distance

24         of 92 feet more or less to a point, said point

25         being along the West line of Lot 3, Vickers

26         Subdivision; thence run North along the West

27         line of Lots 3, 2, and 1 of Vickers Subdivision

28         for a distance of 225 feet more or less to the

29         Northwest corner of Lot 1, Vickers Subdivision;

30         thence run East along the North lines of Lot 1,

31         Vickers Drive right-of-way, Lot 12 of Vickers

                                  17

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






    Florida Senate - 2005        (NP)                      SB 2662
    24-1396-05                                         See HB 1335




 1         Subdivision, and lands described in Official

 2         Records Book 4827, Page 1993, and Official

 3         Records Book 4952, Page 0253, all in the Public

 4         Records of Brevard County, Florida, for a

 5         distance of 910 feet more or less to a point,

 6         said point being the Northeast corner of land

 7         described in Official Records Book 4952, Page

 8         0253, Public Records of Brevard County,

 9         Florida; thence run South along the East lines

10         of Lands described in Official Records Book

11         4952, Page 0253 and Official Records Book 1861,

12         Page 0370, all in the Public Records of Brevard

13         County, Florida, for a distance of 380 feet

14         more or less to a point, said point being the

15         Southeast corner of lands described in Official

16         Records Book 1861, Page 0370, Public Records of

17         Brevard County, Florida; thence run West along

18         the South line of said Official Records Book

19         1861, Page 0370, Public Records of Brevard

20         County, Florida, for a distance of 70 feet more

21         or less to a point, said point being the

22         Southwest corner or lands described in Official

23         Records Book 1861, Page 0370, Public Records of

24         Brevard County, Florida; thence run South along

25         the East line of lands described in Official

26         Records Book 4952, Page 0253, Public Records of

27         Brevard County, Florida, for a distance of 230

28         feet more or less to a point, said point being

29         the Southeast corner of said Official Records

30         Book 4952 Page 0253, Public Records of Brevard

31         County, Florida, and also said point lying

                                  18

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






    Florida Senate - 2005        (NP)                      SB 2662
    24-1396-05                                         See HB 1335




 1         along the North right-of-way line of Aurora

 2         Road (right-of-way varies); thence continue

 3         South for a distance of 66 feet more or less to

 4         the South right-of-way of line of Aurora Road;

 5         thence run West along the South right-of-way of

 6         line of Aurora Road for a distance of 175 feet

 7         more or less to a point, said point being the

 8         Northeast corner of land described in Official

 9         Records Book 3125, Page 1373 Public Record of

10         Brevard County, Florida; thence run South along

11         the East line of said Official Records Book

12         3125, Page 1373, Public Records of Brevard

13         County, Florida, for a distance of 627 feet

14         more or less to a point, said point being the

15         Southeast corner of lands described in Official

16         Records Book 3125, Page 1373, Public Records of

17         Brevard County, Florida, and also lying along

18         the North line of Leewood Forest Section 6

19         Subdivision as recorded in Plat Book 17, Page

20         58, Public Records of Brevard County, Florida;

21         thence run West along the North lines of

22         Leewood Forest Section 6 Subdivision and the

23         Replat of a Portion of Leewood Forest Section 6

24         Subdivision as recorded in Plat Book 18, Page

25         8, Public Records of Brevard County, Florida,

26         for a distance of 389 feet more or less to a

27         point, said point being the Northwest corner of

28         Lot 2, Replat of a Portion of Leewood Forest

29         Section 6 Subdivision; thence run South along

30         the West line of said Lot 2 for a distance of

31         100.47 feet more or less to a point, said point

                                  19

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






    Florida Senate - 2005        (NP)                      SB 2662
    24-1396-05                                         See HB 1335




 1         being the Southwest corner of said Lot 2 and

 2         also lying along the North right-of-way line of

 3         Lorna Drive (50 foot wide right-of-way); thence

 4         run West along the North right-of-way line of

 5         Lorna Drive for a distance of 25.34 feet more

 6         or less to a point, said point being the

 7         Southeast corner of Lot 15, Block "X", Leewood

 8         Forest Section Seven Subdivision as recorded in

 9         Plat Book 18, Page 73, Public Records of

10         Brevard County, Florida; thence run North along

11         the East lines of Lots 15, 14, and a 50 foot

12         wide drainage easement for a distance of 258.59

13         feet more or less to a point, said point being

14         the Northeast corner of said Leewood Forest

15         Section Seven Subdivision; thence run Westerly

16         along the North line of Leewood Forest Section

17         Seven Subdivision for a distance of 670.23 feet

18         more or less to a point, said point being the

19         Northwest corner of Leewood Forest Section

20         Seven Subdivision; thence run South along the

21         West lines of a 50 foot wide drainage easement

22         and Lot 1, Block "X", Leewood Forest Section

23         Seven Subdivision for a distance of 161.42 feet

24         more or less to a point, said point being the

25         Southwest corner of Lot 1, Block "X", Leewood

26         Forest Section Seven Subdivision and the

27         Point-of-Beginning.  Containing 27.86 acres +/-

28         of land and 4.55 acres +/- of right-of-way for

29         a total of 32.41 acres +/-.

30         (7)  Upon annexation into the City of Melbourne, Aurora

31  Road Area B shall be subject to the provisions of section

                                  20

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    Florida Senate - 2005        (NP)                      SB 2662
    24-1396-05                                         See HB 1335




 1  171.062, Florida Statutes. Nothing in this act shall be

 2  construed to affect or abrogate the rights of parties to any

 3  contracts, whether the same be between Brevard County and a

 4  third party or between nongovernmental entities, which

 5  contracts are in effect prior to the effective date of the

 6  annexation and affect all or portions of the area to be

 7  annexed.

 8         (8)  Subsequent to the effective date of the

 9  annexation, any resident in the area to be annexed by this

10  section into the City of Melbourne shall be deemed to have met

11  any residency requirements for candidacy for municipal office.

12         (9)  All public roads and the public rights-of-way

13  associated therewith, on the Brevard County Road System, lying

14  within the limits of the lands subject to annexation herein,

15  as described in subsection (6), are transferred from Brevard

16  County jurisdiction to the jurisdiction of the City of

17  Melbourne after approval of the annexation, except for those

18  portions of Aurora Road and its right-of-way, lying within the

19  limits of the annexation area. All rights, title, interests,

20  and responsibilities for any transferred roads, including, but

21  not limited to, the ownership, operation, maintenance,

22  planning, design, and construction of said roads, and to the

23  rights-of-way associated therewith, shall transfer from

24  Brevard County jurisdiction and ownership to the jurisdiction

25  and ownership of the City of Melbourne upon the effective date

26  of the annexation.

27         Section 3.  This act shall take effect upon becoming a

28  law.

29  

30  

31  

                                  21

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