Senate Bill sb2748

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    Florida Senate - 2005        (NP)                      SB 2748

    By Senator Campbell





    32-1878-05                                         See HB 1045

  1                      A bill to be entitled

  2         An act relating to Broward County; providing

  3         for extending the corporate limits of the Town

  4         of Davie; providing for annexation of the

  5         unincorporated area known as Pine Island Ridge;

  6         providing for an election; providing for an

  7         effective date of annexation; providing for an

  8         interlocal agreement; providing for a

  9         continuation of certain Broward County

10         regulations; providing for the transfer of

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

12         effective date.

13  

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

15  

16         Section 1.  The legal description of the Pine Island

17  Ridge Area is as follows:

18  

19         That portion of Section 17, Township 50 South,

20         Range 41 East, Broward County, Florida,

21         described as follows:

22  

23         Beginning at a point on the municipal boundary

24         of the Town of Davie, as established by Chapter

25         84-420, Laws of Florida, being the point of

26         intersection of the West right-of-way line of

27         Pine Island Road (Southwest 88 Avenue) and the

28         South line of said Section 17;

29  

30         Thence along said municipal boundary of the

31         Town of Davie the following seven (7) courses;

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    Florida Senate - 2005        (NP)                      SB 2748
    32-1878-05                                         See HB 1045




 1  

 2         Thence Northerly along said West right-of-way

 3         line to a point of intersection with the

 4         Southerly right-of-way line of Orange Grove

 5         Drive;

 6  

 7         Thence Westerly and Southwesterly along said

 8         Southerly right-of-way line to a point of

 9         inter-section with the Southeasterly projection

10         of the Southerly line of Tract " C", PINE

11         ISLAND PLAZA ASSOCIATES, according to the Plat

12         thereof, as recorded in Plat Book 115, Page 35,

13         of the Public Records of Broward County,

14         Florida;

15  

16         Thence Northwesterly along said Southeasterly

17         projection and the Southerly line of said Tract

18         "C" and the Northwesterly projection to a point

19         of intersection with the Westerly right-of-way

20         line of Pine Ridge Drive;

21  

22         Thence Northeasterly along said westerly

23         right-of-way line to the Southeast corner of

24         Tract "Q", RIDGE PLAZA, according to the Plat

25         thereof, as recorded in Plat Book 116, Page 27

26         of the Public Records of Broward County,

27         Florida;

28  

29         Thence Northwesterly along the Southerly line

30         of said Tract "Q" to the Southwest corner of

31         said Tract "Q" and a point on the boundary of

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    Florida Senate - 2005        (NP)                      SB 2748
    32-1878-05                                         See HB 1045




 1         Tract "A", PINE ISLAND RIDGE SECTION TWO,

 2         according to the Plat thereof, as recorded in

 3         Plat Book 83, Page 20, of the Public Records of

 4         Broward County, Florida;

 5  

 6         Thence Southwesterly and Westerly along said

 7         boundary of Tract "A" to the Westerly line of

 8         Tract 1, Tier 81, NEWMAN'S SURVEY, according to

 9         the Plat thereof, as recorded in Plat Book 2,

10         Page 26 of the Public Records of Dade County,

11         Florida and the Southwesterly projection of the

12         Westerly line of ROUTE 84 SQUARE, according to

13         the Plat thereof, as recorded in Plat Book 117,

14         Page 11 of the Public Records of Broward

15         County, Florida;

16  

17         Thence Northeasterly along said Westerly line

18         to the Southerly line of the Northerly 330.00

19         feet of the land included within the existing

20         100 foot wide canal easement, per Official

21         Records Book 5192, Page 899, of the Public

22         Records of Broward County, Florida, in said

23         Tract "A", PINE ISLAND RIDGE SECTION TWO and

24         the municipal boundary of the Town of Davie, as

25         established by Ordinance 85-60 of the Town of

26         Davie;

27  

28         Thence along said municipal boundary the

29         following two (2) courses;

30  

31  

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    Florida Senate - 2005        (NP)                      SB 2748
    32-1878-05                                         See HB 1045




 1         Thence Northwesterly along said Southerly line

 2         to the Westerly line of said existing 100 foot

 3         wide canal easement;

 4  

 5         Thence Northeasterly along said Westerly line

 6         to the Southerly right-of-way line of State

 7         Road 84 and the municipal boundary of the Town

 8         of Davie, as established by aforesaid Chapter

 9         84-420, Laws of Florida;

10  

11         Thence continuing along said municipal boundary

12         the following two (2) courses;

13  

14         Thence Northwesterly along said Southerly

15         right-of-way line to a point of intersection

16         with the Easterly line of T. BRYAN'S

17         SUBDIVISION, according to the Plat thereof, as

18         recorded in Plat Book 32, Page 16 of the Public

19         Records of Broward County, Florida and the East

20         line of Tracts "A" and "B", "CALUSA RIDGE",

21         according to the Plat thereof, as recorded in

22         Plat Book 147, Page 47, of the Public Records

23         of Broward County, Florida;

24  

25         Thence Southerly along said Easterly line to

26         the Southerly line of said T. BRYAN'S

27         SUBDIVISION;

28  

29         Thence along the municipal boundary of the Town

30         of Davie, as established by Ordinance 87-30 of

31  

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    Florida Senate - 2005        (NP)                      SB 2748
    32-1878-05                                         See HB 1045




 1         the Town of Davie, the following three (3)

 2         courses and distances;

 3  

 4         Thence Southerly along the Southerly extension

 5         of the East line of said T. BRYAN'S SUBDIVISION

 6         a distance of 1.24 feet to a point of

 7         intersection with a 655 foot radius non-tangent

 8         curve concave to the Southeast, a radial line

 9         through said point bears North 14°31'36" West;

10  

11         Thence Southwesterly along said curve through a

12         central angle of 63°20'39" an arc distance of

13         724.14 feet to an intersection with a line

14         being parallel with and 500.00 feet Southerly

15         of the South line of said T. BRYAN'S

16         SUBDIVISION;

17  

18         Thence North 89°43'11" West along said parallel

19         line to an intersection with the Easterly

20         right-of-way line of Nob Hill Road (Southwest

21         100 avenue) and a point on the municipal

22         boundary of the Town of Davie, as established

23         by aforesaid Chapter 84-420, Laws of Florida;

24  

25         Thence along said municipal boundary the

26         following two (2) courses;

27  

28         Thence Southerly along said Easterly

29         right-of-way line and the Southerly projection

30         of said Easterly right-of-way line to a point

31  

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    Florida Senate - 2005        (NP)                      SB 2748
    32-1878-05                                         See HB 1045




 1         of intersection with the South line of said

 2         Section 17;

 3  

 4         Thence Easterly along said South line to the

 5         POINT OF BEGINNING.

 6  

 7         Section 2.  The Broward County Board of County

 8  Commissioners shall schedule, at the expense of Broward

 9  County, an election on March 14, 2006, in accordance with the

10  provisions of the law relating to elections currently in force

11  in Broward County. The subject of said election shall be the

12  annexation of the Pine Island Ridge Area. Only registered

13  voters residing in the Pine Island Ridge Area as described in

14  this act may vote in said election. The voters residing in the

15  Pine Island Ridge Area shall, by majority vote of the voters

16  participating in the election, choose to be annexed into the

17  Town of Davie or remain unincorporated. Mail ballots shall not

18  be used in this election; however, voters may vote by absentee

19  ballot as provided by law.

20         Section 3.  Upon a majority of the registered voters

21  participating in the election as provided in section 2 voting

22  for annexation, the Pine Island Ridge Area described in

23  section 1 shall be deemed a part of the Town of Davie on

24  September 15, 2006, pursuant to s. 171.062, Florida Statutes,

25  except as provided for in this act.

26         Section 4.  An interlocal agreement shall be developed

27  between the governing bodies of Broward County and the Town of

28  Davie and executed prior to the effective date of the

29  annexation as provided for in section 3. The agreement shall

30  address infrastructure improvement projects and include a

31  

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    Florida Senate - 2005        (NP)                      SB 2748
    32-1878-05                                         See HB 1045




 1  financially feasible plan for transitioning county services,

 2  buildings, infrastructure, waterways, and employees.

 3         Section 5.  Subsequent to the effective date of the

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

 5  into the Town of Davie shall be deemed to have met any

 6  residency requirements for candidacy for any municipal office.

 7         Section 6.  Nothing in this act shall be construed to

 8  affect or abrogate the rights of parties to any contracts,

 9  whether the same be between Broward County and a third party

10  or between nongovernmental entities, which contracts are in

11  effect prior to the effective date of the annexation.

12         Section 7.  Subsequent to the effective date of this

13  act, within the limits of the Pine Island Ridge Area, no

14  change in land use designation or zoning shall be effective,

15  and no annexation by any municipality shall occur during the

16  time period between the effective date of this act and the

17  effective date of the annexation.

18         Section 8.  Upon annexation into the Town of Davie, the

19  following shall govern the area described in section 1:

20         (1)  The present land use designations and zoning

21  districts provided for under the Broward County Comprehensive

22  Plan and Code of Ordinances of Broward County shall remain the

23  law governing the Pine Island Ridge Area, notwithstanding the

24  fact that the Pine Island Ridge Area is now a part of the Town

25  of Davie.

26         (2)  Any change of zoning districts or land use

27  designations may only be accomplished by enactment of the vote

28  of the majority of the full governing body of the Town of

29  Davie plus one.

30         (3)  Notwithstanding subsections (1) and (2), any use,

31  building, or structure that is legally in existence at the

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    Florida Senate - 2005        (NP)                      SB 2748
    32-1878-05                                         See HB 1045




 1  time that the Pine Island Ridge Area becomes a part of the

 2  Town of Davie, said use shall not be made a prohibited use by

 3  the Town of Davie, on the property of said use, for as long as

 4  the use shall continue, and not be voluntarily abandoned.

 5         Section 9.  All public roads and the public

 6  rights-of-way associated therewith, on the Broward County Road

 7  System, lying within the limits of the Pine Island Ridge Area,

 8  as described in section 1, are transferred from Broward County

 9  jurisdiction to the jurisdiction of the Town of Davie. All

10  rights, titles, interests, and responsibilities for any

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

12  ownership, operation, maintenance, planning, design, and

13  construction of said roads and to the rights-of-way associated

14  therewith, shall transfer from Broward County jurisdiction and

15  ownership to the jurisdiction and ownership of the Town of

16  Davie upon the effective date of the annexation.

17         Section 10.  This act shall take effect upon becoming a

18  law.

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