1 | A bill to be entitled |
2 | An act relating to Flagler Estates Road and Water Control |
3 | District, St. Johns County; amending chapter 98-529, Laws |
4 | of Florida; providing additional powers of the district to |
5 | construct, operate, maintain, repair, and replace works |
6 | and improvements necessary to execute the district's water |
7 | control plan; providing that the district may collect fees |
8 | for connection to and use of the works of the district; |
9 | specifying applicability of certain general law; revising |
10 | district boundaries; providing an effective date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
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14 | Section 1. Sections 1 and 3 of section 4 of chapter 98- |
15 | 529, Laws of Florida, are amended to read: |
16 | Section 1. Powers and authority.-- |
17 | (1) The drainage district originally was empowered to |
18 | accept and maintain drainage improvements already in existence |
19 | and to operate pursuant to the general drainage laws of chapter |
20 | 298, Florida Statutes. In addition to the powers provided for in |
21 | chapter 298, Florida Statutes, in 1981 the district was granted |
22 | the power to maintain roadways and roads necessary and |
23 | convenient for the exercise of the powers or duties or any of |
24 | the powers or duties of said district; and in furtherance of the |
25 | purposes and intent of chapter 298, Florida Statutes, to |
26 | maintain streets, roadways, and roads necessary and convenient |
27 | to provide access to and efficient development of areas made |
28 | suitable and available for cultivation and settlement, urban and |
29 | suburban, and other beneficial use and development as a result |
30 | of the drainage, irrigation, and reclamation operations of the |
31 | district for the lands only within the boundaries of the |
32 | district situated in St. Johns John's County. This road |
33 | authority geographically was expanded in 1982 to include the |
34 | lands within the boundaries of the district situated in Flagler |
35 | County as well as a component of the district's road maintenance |
36 | authority within the district boundaries. This authority was is |
37 | hereby specified to include, but not be limited to, street |
38 | lighting, road striping, reconstruction, and any other safety |
39 | features or improvements customary to a modern road system. |
40 | (2) In addition to the foregoing power and authority, the |
41 | district shall have full power and authority to construct, |
42 | operate, maintain, repair, and replace any and all works and |
43 | improvements necessary to execute the district's water control |
44 | plan, including all power and authority conferred by chapter |
45 | 298, Florida Statutes. The works of the district include, |
46 | without limitation, all waterways, water control structures, |
47 | equipment, facilities, real property interests, roads, streets, |
48 | lighting, and appurtenant facilities owned, operated, or |
49 | maintained by the district or included in the district water |
50 | control plan. |
51 | (3) Notwithstanding any provision of law to the contrary |
52 | and pursuant to section 298.22(8), (9), and (10), Florida |
53 | Statutes, the district is authorized: |
54 | (a) To adopt resolutions and policies implementing all |
55 | purposes of this act, including specification of conditions |
56 | related to comprehensive water control activities necessary to |
57 | ensure the proper operation of the water control plan and |
58 | protection of district landowners, including flood protection, |
59 | water quantity, and water quality management conditions, that |
60 | may be imposed upon any person or entity within or outside the |
61 | district boundary with a connection or application for a |
62 | connection to district works. |
63 | (b) To collect reasonable fees for any connections to |
64 | district works which may cover costs of the connection and |
65 | continuing operational costs of the district water control plan |
66 | caused by the connection and discharge of surface waters through |
67 | the works of the district. |
68 | (4) Pursuant to this section, the Hastings Drainage |
69 | District and the Flagler Estates Road and Water Control District |
70 | may enter into an interlocal agreement which may incorporate |
71 | district policies and conditions for cooperative operation of |
72 | interconnected water control facilities. |
73 | (5) Surplus real property owned by the district can be |
74 | made available to the public for passive use and the district is |
75 | authorized to enter into lease or interlocal agreements with |
76 | other governmental entities for the operation and/or maintenance |
77 | of such passive use areas within the district boundaries. |
78 | Section 3. Boundaries.--The district boundaries originally |
79 | were established in the Final Judgment Incorporating the |
80 | Drainage District by the Seventh Judicial Circuit Court, St. |
81 | Johns County, Florida, on June 4, 1971, as recorded in O.R. 194, |
82 | page 344, Public Records of St. Johns County, Florida, in Case # |
83 | 2154 and as subsequently extended by Order of the Seventh |
84 | Judicial Circuit Court, St. Johns County, Florida, on August 16, |
85 | 1972, as recorded in O.R. 194, page 344, and O.R. 224, page 26, |
86 | Public Records of St. Johns County, Florida, in Case # 2154. |
87 | Several Special Acts further adjusted the district boundaries. |
88 | Section 2 of chapter 81-481, Laws of Florida, extended district |
89 | boundaries into St. Johns County; section 3 of chapter 81-481, |
90 | Laws of Florida, removed lands from Hastings Drainage District; |
91 | section 2 of chapter 82-294, Laws of Florida, extended district |
92 | boundaries in Flagler County; and chapter 89-505, Laws of |
93 | Florida, reduced the size of the district in St. Johns County, |
94 | and chapter 2000-479, Laws of Florida, removed Flagler County |
95 | from the jurisdiction of the district. The consolidated legal |
96 | description of the boundaries of the district is: |
97 |
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98 | THAT PORTION OF TOWNSHIP 10 SOUTH, RANGE 28 EAST, |
99 | LYING AND BEING IN ST. JOHNS COUNTY AND FLAGLER |
100 | COUNTIES, FLORIDA, DESCRIBED AS FOLLOWS: |
101 | BEGIN AT THE NORTHEAST CORNER OF SAID TOWNSHIP 10 |
102 | SOUTH, RANGE 28 EAST; THENCE RUN SOUTHERLY ALONG THE |
103 | EAST LINE OF SAID TOWNSHIP 10 SOUTH, RANGE 28 EAST TO |
104 | THE SOUTHERN BOUNDARY OF ST JOHNS COUNTY; THENCE RUN |
105 | WESTERLY ALONG THE SAID SOUTHERN BOUNDARY OF ST JOHNS |
106 | COUNTY SOUTHEAST CORNER OF SECTION 24; THENCE RUN |
107 | WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 24 TO |
108 | THE NORTHEAST CORNER OF SECTION 26; THENCE RUN |
109 | SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 26 TO |
110 | THE NORTHERLY RIGHT OF WAY LINE OF THE FLORIDA EAST |
111 | COAST RAILROAD; THENCE RUN NORTHWESTERLY ALONG SAID |
112 | NORTHERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST |
113 | RAILROAD TO THE SOUTH LINE OF SECTION 22; THENCE RUN |
114 | WESTERLY ALONG THE SAID SOUTH LINE OF SECTION 22 TO |
115 | THE SOUTHWEST CORNER THEREOF; THENCE RUN NORTHERLY |
116 | ALONG THE WEST LINE OF SAID SECTION 22 TO THE SAID |
117 | NORTHERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST |
118 | RAILROAD; THENCE RUN NORTHWESTERLY ALONG THE SAID |
119 | NORTHERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST |
120 | RAILROAD TO THE WEST LINE OF THE EAST 1/2 OF THE |
121 | NORTHWEST 1/4 OF SECTION 21; THENCE RUN NORTHERLY ALONG |
122 | THE SAID WEST LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4 |
123 | TO THE SOUTH LINE OF SECTION 16; THENCE RUN WESTERLY |
124 | ALONG THE SAID SOUTH LINE OF SECTION 16 TO THE |
125 | SOUTHEAST CORNER OF SECTION 17 OF SAID TOWNSHIP 10 |
126 | SOUTH, RANGE 28 EAST; THENCE RUN WESTERLY ALONG THE |
127 | SOUTH LINE OF SAID SECTION 17 TO THE SOUTHWEST CORNER |
128 | OF THE EAST 1/4 OF SAID SECTION 17; THENCE RUN |
129 | NORTHERLY ALONG THE WEST LINE OF THE EAST 1/4 OF SAID |
130 | SECTION 17 AND ALONG THE WEST LINE OF THE EAST 1/4 OF |
131 | SECTION 8 TO THE NORTH LINE OF SAID SECTION 8; THENCE |
132 | RUN EASTERLY ALONG THE NORTH LINE OF SAID SECTION 8 |
133 | AND ALONG THE NORTH LINE OF SECTION 9 TO THE SOUTHWEST |
134 | CORNER OF SECTION 3; THENCE RUN NORTHERLY ALONG THE |
135 | WEST LINE OF SAID SECTION 3 TO THE NORTHWEST CORNER OF |
136 | U.S. GOVERNMENT LOT 3 OF SAID SECTION 3; THENCE RUN |
137 | EASTERLY ALONG THE NORTH LINES OF U.S. GOVERNMENT LOTS |
138 | 3 AND 4 OF SAID SECTION 3 TO THE NORTHEAST CORNER OF |
139 | SAID LOT 4; THENCE RUN S 0°12'38" E FOR A DISTANCE OF |
140 | 12.54 FEET; THENCE RUN S 88°27'38" E FOR A DISTANCE OF |
141 | 363.00 FEET; THENCE RUN N 5°12'38" W FOR A DISTANCE OF |
142 | 458 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF THE |
143 | GEO. I.F. CLARKE GRANT, SECTION 37; THENCE RUN |
144 | EASTERLY ALONG SAID SOUTHERLY LINE OF THE GEO. I.F. |
145 | CLARKE GRANT FOR A DISTANCE OF 824.99 FEET TO THE RUN |
146 | OF SIXTEENMILE DEEP CREEK; THENCE RUN N 18°58'00" E |
147 | FOR A DISTANCE OF 188.11 FEET TO THE POINT OF |
148 | CURVATURE OF A CIRCULAR CURVE LEADING TO THE LEFT, |
149 | HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 16°46'00" |
150 | 16°46'00" AND A RADIUS OF 300.00 FEET; THENCE RUN |
151 | NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE |
152 | OF 87.79 FEET TO THE POINT OF TANGENCY; THENCE RUN N |
153 | 2°12'00" E FOR A DISTANCE OF 302.93 FEET TO A POINT OF |
154 | CURVATURE OF A CIRCULAR CURVE LEADING TO THE LEFT, |
155 | HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 82°00'00" |
156 | 82°00'00" AND A RADIUS OF 200.00 FEET; THENCE RUN |
157 | NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE |
158 | OF 286.23 FEET TO THE POINT OF TANGENCY; THENCE RUN N |
159 | 79°48'00" W FOR A DISTANCE OF 245.34 FEET TO A POINT: |
160 | THENCE RUN S 50°11'17" W FOR A DISTANCE OF 343.96 FEET |
161 | TO A POINT; THENCE RUN N 45°05'48" W FOR A DISTANCE OF |
162 | 82.01 FEET TO A POINT; THENCE RUN S 44°19'22" W FOR A |
163 | DISTANCE OF 40.37 FEET TO A POINT; THENCE RUN N |
164 | 41°15'00" W FOR A DISTANCE OF 733.53 FEET TO A POINT |
165 | OF CURVATURE OF A CIRCULAR CURVE LEADING TO THE LEFT, |
166 | HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 27°16'00" |
167 | 27°16'00" AND A RADIUS OF 100.00 FEET; THENCE RUN |
168 | NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE |
169 | OF 47.59 FEET TO THE POINT OF TANGENCY; THENCE RUN N |
170 | 68°31'00" W FOR A DISTANCE OF 377.79 FEET TO A POINT |
171 | OF CURVATURE OF A CIRCULAR CURVE LEADING TO THE RIGHT, |
172 | HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 59°20'00" |
173 | 59°20'00" AND A RADIUS OF 100.00 FEET; THENCE RUN |
174 | NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE |
175 | OF 103.56 FEET TO THE POINT OF TANGENCY; THENCE RUN N |
176 | 9°11'00" W FOR A DISTANCE OF 569.04 FEET TO A POINT; |
177 | THENCE RUN N 3°34'00" W FOR A DISTANCE OF 2177.00 FEET |
178 | TO A POINT OF CURVATURE OF A CIRCULAR CURVE LEADING TO |
179 | THE RIGHT, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF |
180 | 97°13'00" AND A RADIUS OF 48.48 FEET; THENCE RUN |
181 | NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE |
182 | OF 82.86 FEET TO THE POINT OF TANGENCY; THENCE RUN S |
183 | 86°21'00" E FOR A DISTANCE OF 55.00 FEET TO A POINT; |
184 | THENCE RUN N 7°54'00" E FOR A DISTANCE OF 1123.57 FEET |
185 | TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF COUNTY |
186 | ROAD 13; THENCE RUN ALONG THE SOUTH RIGHT OF WAY LINE |
187 | OF SAID COUNTY ROAD 13 FOR A DISTANCE OF 578.44 FEET |
188 | TO A POINT; THENCE RUN S 41°27'41" E FOR A DISTANCE OF |
189 | 133.83 FEET TO A POINT OF CURVATURE OF A CIRCULAR |
190 | CURVE LEADING TO THE RIGHT, HAVING FOR ITS ELEMENTS A |
191 | CENTRAL ANGLE OF 33°52'41" AND A RADIUS OF 100.00 |
192 | FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE |
193 | FOR A DISTANCE OF 39.13 FEET TO THE POINT OF TANGENCY; |
194 | THENCE RUN S 7°35'00" E FOR A DISTANCE OF 2058.07 FEET |
195 | TO A POINT OF CURVATURE OF A CIRCULAR CURVE LEADING TO |
196 | THE RIGHT, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF |
197 | 26°48'00" AND A RADIUS OF 420.00 FEET; THENCE RUN |
198 | SOUTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE |
199 | OF 196.45 FEET TO THE POINT OF TANGENCY; THENCE RUN S |
200 | 19°13'00" W FOR A DISTANCE OF 502.38 FEET TO A POINT |
201 | OF CURVATURE OF A CIRCULAR CURVE LEADING TO THE LEFT, |
202 | HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 64°29'00" |
203 | 64°29'00" AND A RADIUS OF 80.00 FEET; THENCE RUN |
204 | SOUTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE |
205 | OF 80.04 FEET TO THE POINT OF TANGENCY; THENCE RUN S |
206 | 45°16'00" E FOR A DISTANCE OF 577.38 FEET TO A POINT |
207 | OF CURVATURE OF A CIRCULAR CURVE LEADING TO THE RIGHT, |
208 | HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 12°37'59" |
209 | 12°37'59" AND A RADIUS OF 720.00 FEET; THENCE RUN |
210 | SOUTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE |
211 | OF 158.75 FEET TO THE POINT OF TANGENCY; THENCE RUN S |
212 | 32°38'01" E FOR A DISTANCE OF 850.29 FEET TO A POINT |
213 | ON THE NORTHERLY LINE OF SAID TOWNSHIP 10 SOUTH, RANGE |
214 | 28 EAST; THENCE RUN NORTHERLY DOWN THE RUN OF SAID |
215 | DEEP CREEK TO THE NORTH LINE OF TOWNSHIP 10 SOUTH, |
216 | RANGE 28 EAST; THENCE RUN EASTERLY ALONG THE SAID |
217 | NORTH LINE OF TOWNSHIP 10 SOUTH, RANGE 28 EAST TO THE |
218 | POINT OF BEGINNING. |
219 | ALSO THE CANAL 5A, DESCRIBED AS FOLLOWS: |
220 | A STRIP OF LAND 60 FEET IN WIDTH BEING A PORTION OF |
221 | THE GEO. I.F. CLARKE GRANT, LYING AND BEING IN SECTION |
222 | 38, TOWNSHIP 9 SOUTH, RANGE 28 EAST, ST. JOHNS COUNTY, |
223 | FLORIDA, SAID STRIP LYING 30.00 FEET ON EACH SIDE OF |
224 | AND CONTIGUOUS WITH THE FOLLOWING DESCRIBED |
225 | CENTERLINE: |
226 | COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 38; |
227 | THENCE RUN S 81°12'24" 87°12'24" E, ALONG THE SOUTH |
228 | LINE OF SAID SECTION 38, FOR 30.01 FEET TO THE POINT |
229 | OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERLINE; |
230 | THENCE RUN N 04°18'32" E, ALONG A LINE PARALLEL WITH |
231 | AND 30.00 FEET EASTERLY OF THE WEST LINE OF SAID |
232 | SECTION 38, FOR 2261.05 FEET; THENCE RUN N 54°03'48" E |
233 | FOR 1118.15 FEET; THENCE RUN N 00°38'15" E FOR 395.40 |
234 | FEET; THENCE RUN N 69°33'35" E FOR 236.03 FEET TO A |
235 | POINT OF TERMINATION BEING ON THE WESTERLY LINE OF THE |
236 | SIXTEEN MILE CREEK CANAL FOREBAY, AS DESCRIBED IN |
237 | OFFICIAL RECORDS BOOK 224 AT PAGES 31 AND 32 OF THE |
238 | PUBLIC RECORDS OF ST. JOHNS COUNTY, FLORIDA. |
239 | CONTAINING 5.624 5.524 ACRES, MORE OR LESS. |
240 | AND ALSO A 50 FOOT ROAD RIGHT OF WAY, DESCRIBED AS |
241 | FOLLOWS: |
242 | BEING PORTIONS OF SECTION 37, TOWNSHIP 10 SOUTH, RANGE |
243 | 28 EAST, AND SECTION 38, TOWNSHIP 9 SOUTH, RANGE 28 |
244 | EAST, ST. JOHNS COUNTY, FLORIDA, AND BEING MORE FULLY |
245 | DESCRIBED AS FOLLOWS: |
246 | COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 37; |
247 | THENCE S 85°45'20" E ALONG THE SOUTHERLY LINE OF SAID |
248 | SECTION 37 FOR 569.19 FEET TO THE SW CORNER OF PARCEL |
249 | ONE, ACCORDING TO DEED BOOK 136, PAGE 63 OF THE PUBLIC |
250 | RECORDS OF ST. JOHNS COUNTY, FLORIDA; THENCE S |
251 | 84°01'14" E ALONG THE SOUTHERLY LINE OF SAID PARCEL |
252 | ONE AND THE EASTERLY PROLONGATION THEREOF FOR 1615.34 |
253 | 1675.34 FEET TO THE NORTHEAST CORNER OF PARCEL 4, |
254 | ACCORDING TO DEED BOOK 136, PAGE 64 OF THE PUBLIC |
255 | RECORDS OF ST. JOHNS COUNTY, FLORIDA; THENCE S |
256 | 85°12'38" E ALONG THE SOUTHERLY LINE OF SAID SECTION |
257 | 37 FOR 300.00 FEET TO THE POINT OF BEGINNING OF THE |
258 | HEREINAFTER DESCRIBED 50.00 FOOT ROAD RIGHT OF WAY; |
259 | THE FOLLOWING EIGHT (8) COURSES BEING ALONG THE |
260 | CENTERLINE OF THE 50.00 FOOT ROAD RIGHT OF WAY; (1) |
261 | THENCE N 02°30'00" E FOR 180.00 FEET TO A POINT OF |
262 | CURVATURE; (2) THENCE NORTHWESTERLY ALONG A 100.00 |
263 | FOOT RADIUS CURVE LEADING TO THE LEFT THROUGH A |
264 | CENTRAL ANGLE OF 87°30'00" FOR AN ARC OF 152.72 FEET |
265 | TO A POINT OF TANGENCY; (3) THENCE N 85°00'00" W FOR |
266 | 700.00 FEET; (4) THENCE N 89°45'00" W, FOR 290.00 FEET |
267 | TO A POINT OF CURVATURE; (5) THENCE NORTHERLY ALONG A |
268 | 100.00 FOOT RADIUS CURVE LEADING TO THE RIGHT THROUGH |
269 | A CENTRAL ANGLE OF 79°15'00" FOR AN ARC OF 138.32 FEET |
270 | TO A POINT OF TANGENCY; (6) THENCE N 10°30'00" W FOR |
271 | 515.00 FEET TO A POINT OF CURVATURE; (7) THENCE |
272 | NORTHWESTERLY ALONG A 100.00 FOOT RADIUS CURVE LEADING |
273 | TO THE LEFT THROUGH A CENTRAL ANGLE OF 37°00'00' FOR |
274 | AN ARC OF 64.58 FEET TO A POINT OF TANGENCY; (8) |
275 | THENCE N 47°30'00" W FOR 120 FEET MORE OR LESS TO A |
276 | POINT ON THE CENTERLINE OF AN EXISTING COUNTY ROAD, |
277 | SAID POINT BEING ALSO THE POINT OF TERMINATION OF SAID |
278 | 50 FOOT ROAD RIGHT OF WAY. THE SIDE LINES OF THE ABOVE |
279 | DESCRIBED 50.00 FOOT WIDE ROAD RIGHT OF WAY ARE TO BE |
280 | LENGTHENED OR SHORTENED AS MAY BE NECESSARY TO |
281 | MAINTAIN A 50.00 FOOT RIGHT OF WAY ALONG THE DESCRIBED |
282 | CENTERLINE. |
283 | ALL LYING AND BEING IN ST. JOHNS COUNTY, FLORIDA, AND |
284 | CONTAINING 2.5 ACRES. |
285 | Section 2. This act shall take effect upon becoming a law. |