Senate Bill sb2744
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Florida Senate - 2005 (NP) SB 2744
By Senator Campbell
32-1882-05 See HB 1359
1 A bill to be entitled
2 An act relating to Broward County; providing
3 for extending the corporate limits of the City
4 of Coral Springs and the City of Parkland;
5 providing for the annexation of specified
6 unincorporated areas; providing for annexation
7 of the unincorporated area known as Country
8 Acres; providing for an election; providing for
9 an effective date of annexation; providing for
10 an interlocal agreement; providing for a
11 continuation of certain Broward County
12 regulations; providing for the transfer of
13 public roads and rights-of-way; providing an
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. The following described areas are hereby
19 annexed into the City of Parkland effective September 15,
20 2006:
21
22 Parkland Section 32 Area described as that
23 portion of Section 32, Township 47 South, Range
24 41 East, Broward County, Florida:
25
26 COMMENCING at the Northwest corner of the South
27 One-Half (S 1/2) of the South One-Half (S 1/2)
28 of the Northwest One-Quarter (NW 1/4) of said
29 Section 31, being a point on the municipal
30 boundary of the City of Parkland, as described
31
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Florida Senate - 2005 (NP) SB 2744
32-1882-05 See HB 1359
1 in City of Parkland Ordinance No. 97-13 and
2 02-11;
3
4 Thence along said municipal boundary the
5 following six courses;
6
7 Thence North 89°57'06" East, along the North
8 line of said South One-Half (S 1/2) of the
9 South One-Half (S 1/2) of the Northwest
10 One-Quarter (NW 1/4), a distance of 2268.58
11 feet to the Northeast corner of said South
12 One-Half (S 1/2) of the South One-Half (S 1/2)
13 of the Northwest One-Quarter (NW 1/4);
14
15 Thence North 89°57'16" East, along the North
16 line of the South One-Half (S 1/2) of the South
17 One-Half (S 1/2) of the Northeast One-Quarter
18 (NE 1/4) of said Section 31, a distance of
19 2268.08 feet to the Northeast corner of said
20 South One-Half (S 1/2) of the South One-Half (S
21 1/2) of the Northeast One-Quarter (NE 1/4);
22
23 Thence continue North 89°57'16" East, along the
24 Easterly prolongation of said North line, a
25 distance of 16.58 feet to a line parallel with
26 and 16.58 feet Easterly from the West line of
27 the Northwest One-Quarter (NW 1/4) of said
28 Section 32;
29
30 Thence North 01°22'19" West, along said
31 parallel line, a distance of 655.48 feet to a
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Florida Senate - 2005 (NP) SB 2744
32-1882-05 See HB 1359
1 line parallel with and 1313.28 feet Southerly
2 from the North line of said Northwest
3 One-Quarter (NW 1/4);
4
5 Thence North 89°36'52" East, along said
6 parallel line, a distance of 2623.50 feet to
7 the East line of said Northwest One-Quarter (NW
8 1/4);
9
10 Thence North 01°21'25" West, along said East
11 line, a distance of 775.99 feet to the POINT OF
12 BEGINNING;
13
14 Thence along said municipal boundary of the
15 City of Parkland, as described in City of
16 Parkland Ordinance No. 97-13, the following
17 three courses;
18
19 Thence North 89°37'21" East, parallel to the
20 North line of the Northeast One-Quarter (NE
21 1/4) of said Section 32, a distance of 482.47
22 feet;
23
24 Thence North 01°21'25" West, parallel to said
25 East line of the Northwest One-Quarter (NW 1/4)
26 of said Section 32, a distance of 417.46 feet
27 to a line parallel with and 120.00 feet
28 Southerly from said North line of the Northeast
29 One-Quarter (NE 1/4) of said Section 32;
30
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Florida Senate - 2005 (NP) SB 2744
32-1882-05 See HB 1359
1 Thence South 89°37'21" West, along said
2 parallel line, a distance of 482.47 feet to
3 said East line of the Northwest One-Quarter (NW
4 1/4) of said Section 32;
5
6 Thence South 01°21'25" East, along said East
7 line and said municipal boundary of the City of
8 Parkland, as described in City of Parkland
9 Ordinance No. 02-11, a distance of 417.46 feet
10 to the POINT OF BEGINNING.
11
12 Together with:
13
14 Parkland Section 35 Area described as that
15 portion of Section 35, Township 47 South, Range
16 41 East, Broward County, Florida:
17
18 COMMENCE at the Southwest corner of Tract 16,
19 "Florida Fruit Lands Company's Subdivision No.
20 2," according to the plat thereof, as recorded
21 in Plat Book 1, Page 102 of the Public Records
22 of Palm Beach County, Florida;
23
24 Thence Easterly along the South line of said
25 Tract 16 to a point on a line 75 feet East of
26 and parallel with, as measured at right angles
27 to, the West line of said Section 35 also being
28 the municipal boundary of the City of Parkland,
29 as described in City of Parkland Ordinance No.
30 20 and to the POINT OF BEGINNING;
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Florida Senate - 2005 (NP) SB 2744
32-1882-05 See HB 1359
1 Thence along said municipal boundary the
2 following four courses;
3
4 Thence Easterly along the South line of said
5 Tract 16 to the Southeast corner of said Tract
6 16;
7
8 Thence Southerly along the West lines of Tracts
9 10, 11 and 12 of said, "Florida Fruit Lands
10 Company's Subdivision No. 2," to a point on the
11 South line of the North One-Half (N 1/2) of
12 said Section 35;
13
14 Thence Easterly along said South line to the
15 Southeast corner of Tract 5 of said, "Florida
16 Fruit Lands Company's Subdivision No. 2;"
17
18 Thence Northerly along the East lines of Tracts
19 5, 6 and 7 of said, "Florida Fruit Lands
20 Company's Subdivision No. 2," to a line 285
21 feet South of and parallel with, as measured at
22 right angles to, the South right-of-way line of
23 the Hillsboro Canal;
24
25 Thence Northwesterly along said parallel line
26 to a line 100 feet West of and parallel with,
27 as measured at right angles to, the East line
28 of Tracts 7 and 8 of said "Florida Fruit Lands
29 Company's Subdivision No. 2;"
30
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Florida Senate - 2005 (NP) SB 2744
32-1882-05 See HB 1359
1 Thence Northerly along said parallel line to a
2 point on the South Canal right-of-way line and
3 a point on the municipal boundary of the City
4 of Parkland, as described in Chapter 84-505,
5 Laws of Florida;
6
7 Thence Northwesterly along said municipal
8 boundary of the City of Parkland to a point on
9 the North line of said Section 35 also being
10 the North boundary of Broward County, as
11 described in Section 7.06, Florida Statutes;
12
13 Thence Westerly along said North line and North
14 boundary to a point on a line 75 feet East of
15 and parallel with, as measured at right angles
16 to, the West line of said Section 35 also being
17 a point on the municipal boundary of the City
18 of Parkland, as described in Chapter 84-505,
19 Laws of Florida;
20
21 Thence Southerly along said parallel line and
22 municipal boundary to the POINT OF BEGINNING.
23
24 Together with:
25
26 Parkland Section 35 Area A described as that
27 portion of Section 35, Township 47 South, Range
28 41 East, Broward County, Florida:
29
30 BEGINNING at the intersection of the East line
31 of said Section 35 with the Southerly
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Florida Senate - 2005 (NP) SB 2744
32-1882-05 See HB 1359
1 right-of-way line of that certain 35-foot
2 right-of-way for State Road No. 827, as shown
3 on the State of Florida, State Road Department
4 right-of-way map for said State Road No. 827,
5 Section 86002-2501, sheet 8 of 11;
6
7 Thence Northwesterly along said Southerly
8 right-of-way line and along the municipal
9 boundary of the City of Parkland, as described
10 in Chapter 84-505, Laws of Florida, to the East
11 line of the West One-Half (W 1/2) of Tract 2,
12 "Florida Fruit Lands Company's Subdivision No.
13 2," according to the plat thereof, as recorded
14 in Plat Book 1, Page 102 of the Public Records
15 of Palm Beach County, Florida;
16
17 Thence South along said East line and along the
18 municipal boundary of the City of Parkland, as
19 described in Ordinance 20 of the City of
20 Parkland, to a point on the municipal boundary
21 of the City of Parkland, as described in
22 Ordinance 2001-6 of the City of Parkland, said
23 point being 1372.22 feet North of the South
24 line of Tract 4 of said "Florida Fruit Lands
25 Company's Subdivision No. 2," as measured along
26 the West line of the East One-Half (E 1/2) of
27 Tracts 4, 3 and 2 of said, "Florida Fruit Lands
28 Company's Subdivision No. 2;"
29
30 Thence along said municipal boundary the
31 following four (4) courses and distances;
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Florida Senate - 2005 (NP) SB 2744
32-1882-05 See HB 1359
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2 Thence North 52°44'13" East, a distance of
3 48.54 feet;
4
5 Thence South 73°15'40" East, a distance of
6 307.97 feet;
7
8 Thence South 01°15'45" East, along a line 320
9 feet West of and parallel to the East line of
10 said Tracts 2, 3 and 4, a distance of 1311.06
11 feet;
12
13 Thence Southerly along a line 320 feet West of
14 the East line of Tracts 25, 26 and 27 of said
15 "Florida Fruit Lands Company's Subdivision No.
16 2," to the South line of said Tract 27;
17
18 Thence Easterly along said South line and along
19 the municipal boundary of the City of Parkland,
20 as described in Ordinance 91-40 of the City of
21 Parkland, to the East line of said Section 35;
22
23 Thence North 01°15'45" West, along said East
24 line and along the municipal boundary of the
25 City of Parkland, as described in Chapter
26 88-531, Laws of Florida, to the POINT OF
27 BEGINNING.
28
29 Together with:
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Florida Senate - 2005 (NP) SB 2744
32-1882-05 See HB 1359
1 Parkland Section 35 and 36 Area C described as
2 that portion of Section 35 & 36, Township 47
3 South, Range 41 East, Broward County, Florida:
4
5 BEGINNING at the intersection of the North
6 Boundary of Broward County, as described in
7 Section 7.06, Florida Statutes, with the West
8 right-of-way line of State Road 7 (U.S. 441);
9
10 Thence Southerly along said West right-of-way
11 line to a point on the municipal boundary of
12 the City of Parkland, as described in
13 Resolution No. 88-28 of the City of Parkland,
14 said point being on the Southerly right-of-way
15 line of the Hillsboro Canal;
16
17 Thence Westerly along said municipal boundary
18 and Southerly right-of-way line to a point on
19 the municipal boundary of the City of Parkland,
20 as described in Chapter 84-505, Laws of
21 Florida, being a point of intersection with the
22 North right-of-way line of State Road No. 827,
23 as shown on the State of Florida, State Road
24 Department right-of-way map for said State Road
25 No. 827, Section 86002-2501, sheet 8 of 11;
26
27 Thence Northwesterly along said municipal
28 boundary and North right-of-way line to the
29 intersection with the North line of said
30 Section 35 and a point on the said North
31 boundary of Broward County;
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Florida Senate - 2005 (NP) SB 2744
32-1882-05 See HB 1359
1
2 Thence Easterly along said North line and said
3 North boundary to the centerline of the
4 Hillsboro State Drainage Canal (Hillsboro
5 Canal);
6
7 Thence Southeasterly along said centerline and
8 said North boundary of Broward County to the
9 POINT OF BEGINNING.
10
11 Together with:
12
13 Parkland Section 36 Area D described as that
14 portion of Section 36, Township 47 South, Range
15 41 East, Broward County, Florida:
16
17 COMMENCING at the intersection of the South
18 right-of-way line of the Hillsboro Canal
19 (260-foot right-of-way) with the West
20 right-of-way line of State Road 7 (U.S. 441)
21 said point being on the municipal boundary of
22 the City of Parkland, as described in
23 Resolution No. 88-28 of the City of Parkland;
24
25 Thence South 89°35'25" West, along said South
26 right-of-way line and municipal boundary, for a
27 distance of 261.99 feet to a point of
28 curvature;
29
30 Thence Westerly along said curve to the right
31 and said South right-of-way line and municipal
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Florida Senate - 2005 (NP) SB 2744
32-1882-05 See HB 1359
1 boundary, having a radius of 860.00 feet, a
2 central angle of 18°32'40", for an arc distance
3 of 278.35 feet to a point of tangency;
4
5 Thence North 71°51'55" West, along said South
6 right-of-way line and municipal boundary, for a
7 distance of 718.80 feet to the POINT OF
8 BEGINNING;
9
10 Thence continue along said municipal boundary
11 and relocated State Road No. 827 (Loxahatchee
12 Road), the following four (4) courses;
13
14 Thence Southeasterly along a curve to the right
15 whose tangent bears South 37°31'22" East,
16 having a radius of 405.09 feet, a central angle
17 of 01°10'48", for an arc distance of 8.34 feet
18 to a point of tangency;
19
20 Thence South 36°20'34" East, for a distance of
21 568.75 feet to a point of curvature;
22
23 Thence Southeasterly along a curve to the left,
24 having a radius of 625.00 feet, a central angle
25 of 55°00'00", for an arc distance of 599.96
26 feet to a point of tangency;
27
28 Thence North 88°39'26" East to a point on the
29 West right-of-way line of State Road No. 7
30 (U.S. 441) and the municipal boundary of the
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Florida Senate - 2005 (NP) SB 2744
32-1882-05 See HB 1359
1 City of Parkland, as described in Chapter
2 2003-379, Laws of Florida;
3
4 Thence Southerly, along said West right-of-way
5 line and municipal boundary, for a distance of
6 60.00 feet;
7
8 Thence along the municipal boundary of the City
9 of Parkland, as described in Resolution No.
10 88-28 of the City of Parkland, the following
11 four (4) courses;
12
13 Thence South 88°39'26" West to a point of
14 curvature;
15
16 Thence Northwesterly along a curve to the right
17 having a radius of 685.00 feet, a central angle
18 of 55°00'00", for an arc distance of 657.55
19 feet to a point of tangency;
20
21 Thence North 36°20'34" West, for a distance of
22 568.75 feet to a point of curvature;
23
24 Thence Northwesterly along a curve to the left,
25 with a radius of 345.09 feet, a central angle
26 of 21°16'28", for an arc distance of 128.13
27 feet to a point on the South right-of-way line
28 of aforesaid Hillsboro Canal;
29
30 Thence South 71°51'55" East, along said South
31 right-of-way line and the municipal boundary of
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Florida Senate - 2005 (NP) SB 2744
32-1882-05 See HB 1359
1 the City of Parkland, as described in Chapter
2 84-505, Laws of Florida, to the POINT OF
3 BEGINNING.
4
5 Section 2. The legal description of the Country Acres
6 Area is:
7
8 That portion of Section 11, Township 48 South,
9 Range 41 East, Broward County, Florida,
10 described as follows:
11
12 BEGINNING at the intersection of the Southerly
13 right-of-way line of the Sawgrass Expressway
14 with the East line of the Northeast One-Quarter
15 (NE 1/4) of said Section 11 being a point on
16 the municipal boundary of the City of Coral
17 Springs as established by Chapter 2002-364,
18 Laws of Florida;
19
20 THENCE along said municipal boundary by Chapter
21 2002-364, Laws of Florida, the following eight
22 (8) courses;
23
24 THENCE South 00°59'57" East along the said East
25 line of the said Northeast One-Quarter (NE
26 1/4), a distance of 2,338.34 feet to the
27 Northeast corner of the Southeast One-Quarter
28 (SE 1/4) of said Section 11;
29
30 THENCE North 89°26'26" West along the North
31 line of the said Southeast One-Quarter (SE 1/4)
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Florida Senate - 2005 (NP) SB 2744
32-1882-05 See HB 1359
1 of said Section 11, a distance of 1,320.24
2 feet;
3
4 THENCE South 00°56'23" East thru the said
5 Southeast One-Quarter (SE 1/4) of said Section
6 11, a distance of 1,236.11 feet;
7
8 THENCE South 01°03'06" East continuing thru the
9 said Southeast One-Quarter (SE 1/4) of said
10 Section 11, a distance of 1,387.13 feet to the
11 South line of the Southeast One-Quarter (SE
12 1/4) of said Section 11;
13
14 THENCE North 89°25'25" West along the said
15 South line of said Southeast One-Quarter (SE
16 1/4), for a distance of 661.43 feet;
17
18 THENCE North 00°59'43" West thru the Southeast
19 One-Quarter (SE 1/4) of said Section 11, a
20 distance of 1,440.04 feet;
21
22 THENCE North 01°03'18" West continuing thru
23 said Southeast One-Quarter (SE 1/4) of said
24 Section 11, a distance of 1,198.02 feet to the
25 North line of the said Southeast One-Quarter
26 (SE 1/4) of said Section 11;
27
28 THENCE North 01°01'19" West thru the Northeast
29 One-Quarter (NE 1/4) of said Section 11 to the
30 South right-of-way line of the Sawgrass
31 Expressway being a point on the municipal
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Florida Senate - 2005 (NP) SB 2744
32-1882-05 See HB 1359
1 boundary of the City of Coral Springs as
2 established by Chapter 2003-378, Laws of
3 Florida;
4
5 THENCE Easterly along said South right-of-way
6 line and along said municipal boundary by
7 Chapter 2003-378, Laws of Florida, to the POINT
8 OF BEGINNING.
9
10 Section 3. The Broward County Board of County
11 Commissioners shall schedule, at the expense of Broward
12 County, an election on March 14, 2006, in accordance with the
13 provisions of the law relating to elections currently in force
14 in Broward County. The subject of said election shall be the
15 annexation of the Country Acres Area into the City of Coral
16 Springs or the City of Parkland. Only registered voters
17 residing in the Country Acres Area as described in section 2
18 may vote in said election. The voters residing in the Country
19 Acres Area shall, by majority vote of the voters participating
20 in the election, choose either the City of Coral Springs or
21 the City of Parkland for annexation. A mail ballot shall not
22 be used in this election. However, voters may vote by absentee
23 ballot as provided by law.
24 Section 4. Upon a majority of the registered voters
25 participating in the election as provided in section 3 voting
26 for annexation into the City of Coral Springs or the City of
27 Parkland, the Country Acres Area described in section 2 shall
28 be deemed a part of said municipality on September 15, 2006,
29 pursuant to section 171.062, Florida Statutes, except as
30 provided for in this act.
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Florida Senate - 2005 (NP) SB 2744
32-1882-05 See HB 1359
1 Section 5. An interlocal agreement shall be developed
2 between the governing bodies of Broward County and the
3 annexing municipality and executed prior to the effective date
4 of the annexation as provided for in section 4. The agreement
5 shall address infrastructure improvement projects and include
6 a financially feasible plan for transitioning county services,
7 buildings, infrastructure, waterways, and employees.
8 Section 6. Subsequent to the effective date of the
9 annexation, any resident in the area to be annexed by this act
10 into the City of Coral Springs or the City of Parkland shall
11 be deemed to have met any residency requirements for candidacy
12 for any municipal office.
13 Section 7. Nothing in this act shall be construed to
14 affect or abrogate the rights of parties to any contracts, or
15 between nongovernmental entities, which contracts are in
16 effect prior to the effective date of the annexation.
17 Section 8. Upon annexation into a municipality, the
18 following shall govern the areas described in section 2: for
19 any use, building, or structure that is legally in existence
20 and legally compliant at the time that the Country Acres Area
21 becomes a part of the municipality, said use shall not be made
22 a prohibited use by the municipality, on the property of said
23 use, for as long as the use shall continue, and not be
24 voluntarily abandoned.
25 Section 9. Subsequent to the effective date of this
26 act, no change in land use designation or zoning shall be
27 effective within the limits of the lands subject to annexation
28 herein until the Country Acres Area has been annexed into the
29 municipality, and no annexation within the Country Acres Area
30 by any municipality shall occur during the time period between
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Florida Senate - 2005 (NP) SB 2744
32-1882-05 See HB 1359
1 the effective date of this act and the effective date of the
2 annexation.
3 Section 10. (1) Upon a majority of the registered
4 voters residing in the Country Acres Area voting for
5 annexation into the City of Coral Springs, the Country Acres
6 Area, as described in section 2, will be considered a
7 preservation area and, in order to protect the community's
8 rural atmosphere, all Broward County land use and zoning
9 classifications and rules and regulations that are applicable
10 to this area on the effective date of this act shall be
11 adopted by the City of Coral Springs for the Country Acres
12 Area. If the Country Acres Area land use and zoning
13 classifications and rules and regulations differ from those
14 that exist in the City of Coral Springs, the City of Coral
15 Springs shall modify its codes by September 15, 2006, to
16 enable the Country Acres Area to be maintained as it exists on
17 the effective date of this act. Any and all proposed municipal
18 enactments that may effect a change in the Country Acres Area,
19 including, but not limited to, all quasi-judicial items,
20 including zoning modifications, site plans, plats, and
21 variances, must be approved by a supermajority of the
22 municipality's designated governing body. All applications for
23 zoning changes within the Country Acres Area require written
24 notification of all Country Acres Area residents. Moreover,
25 any application for a change of zoning within the Country
26 Acres Area must first come before a preservation board made up
27 of five members residing in the Country Acres Area who will be
28 appointed every 2 years by the residents of Country Acres and
29 will be responsible for issuing recommendations on zoning
30 changes within the Country Acres Area.
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Florida Senate - 2005 (NP) SB 2744
32-1882-05 See HB 1359
1 (2) Upon a majority of the registered voters residing
2 in the Country Acres Area voting for annexation into the City
3 of Parkland, the City of Parkland shall adopt and enforce land
4 use and zoning rules and regulations that preserve the rural
5 lifestyle of the Country Acres Area.
6 Section 11. All public roads and the public
7 rights-of-way associated therewith, on the Broward County Road
8 System, lying within the limits of the lands subject to
9 annexation herein, are transferred from Broward County
10 jurisdiction to the jurisdiction of the annexing municipality.
11 All rights, title, interests, and responsibilities for any
12 transferred public roads, including, but not limited to, the
13 ownership, operation, maintenance, planning, design, and
14 construction of said public roads and the rights-of-way
15 associated therewith, shall transfer from Broward County
16 jurisdiction and ownership to the jurisdiction and ownership
17 of the annexing municipality upon the effective date of the
18 annexation. Private roads within the Country Acres Area shall
19 remain private subject to right of entry by municipal vehicles
20 and vehicles providing municipal services.
21 Section 12. This act shall take effect upon becoming a
22 law.
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