HB 1509

1
A bill to be entitled
2An act relating to Flagler Estates Road and Water Control
3District, St. Johns County; amending chapter 98-529, Laws
4of Florida; providing additional powers of the district to
5construct, operate, maintain, repair, and replace works
6and improvements necessary to execute the district's water
7control plan; providing that the district may collect fees
8for connection to and use of the works of the district;
9specifying applicability of certain general law; revising
10district boundaries; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Sections 1 and 3 of section 4 of chapter 98-
15529, Laws of Florida, are amended to read:
16     Section 1.  Powers and authority.--
17     (1)  The drainage district originally was empowered to
18accept and maintain drainage improvements already in existence
19and to operate pursuant to the general drainage laws of chapter
20298, Florida Statutes. In addition to the powers provided for in
21chapter 298, Florida Statutes, in 1981 the district was granted
22the power to maintain roadways and roads necessary and
23convenient for the exercise of the powers or duties or any of
24the powers or duties of said district; and in furtherance of the
25purposes and intent of chapter 298, Florida Statutes, to
26maintain streets, roadways, and roads necessary and convenient
27to provide access to and efficient development of areas made
28suitable and available for cultivation and settlement, urban and
29suburban, and other beneficial use and development as a result
30of the drainage, irrigation, and reclamation operations of the
31district for the lands only within the boundaries of the
32district situated in St. Johns John's County. This road
33authority geographically was expanded in 1982 to include the
34lands within the boundaries of the district situated in Flagler
35County as well as a component of the district's road maintenance
36authority within the district boundaries. This authority was is
37hereby specified to include, but not be limited to, street
38lighting, road striping, reconstruction, and any other safety
39features or improvements customary to a modern road system.
40     (2)  In addition to the foregoing power and authority, the
41district shall have full power and authority to construct,
42operate, maintain, repair, and replace any and all works and
43improvements necessary to execute the district's water control
44plan, including all power and authority conferred by chapter
45298, Florida Statutes. The works of the district include,
46without limitation, all waterways, water control structures,
47equipment, facilities, real property interests, roads, streets,
48lighting, and appurtenant facilities owned, operated, or
49maintained by the district or included in the district water
50control plan.
51     (3)  Notwithstanding any provision of law to the contrary
52and pursuant to section 298.22(8), (9), and (10), Florida
53Statutes, the district is authorized:
54     (a)  To adopt resolutions and policies implementing all
55purposes of this act, including specification of conditions
56related to comprehensive water control activities necessary to
57ensure the proper operation of the water control plan and
58protection of district landowners, including flood protection,
59water quantity, and water quality management conditions, that
60may be imposed upon any person or entity within or outside the
61district boundary with a connection or application for a
62connection to district works.
63     (b)  To collect reasonable fees for any connections to
64district works which may cover costs of the connection and
65continuing operational costs of the district water control plan
66caused by the connection and discharge of surface waters through
67the works of the district.
68     (4)  Pursuant to this section, the Hastings Drainage
69District and the Flagler Estates Road and Water Control District
70may enter into an interlocal agreement which may incorporate
71district policies and conditions for cooperative operation of
72interconnected water control facilities.
73     (5)  Surplus real property owned by the district can be
74made available to the public for passive use and the district is
75authorized to enter into lease or interlocal agreements with
76other governmental entities for the operation and/or maintenance
77of such passive use areas within the district boundaries.
78     Section 3.  Boundaries.--The district boundaries originally
79were established in the Final Judgment Incorporating the
80Drainage District by the Seventh Judicial Circuit Court, St.
81Johns County, Florida, on June 4, 1971, as recorded in O.R. 194,
82page 344, Public Records of St. Johns County, Florida, in Case #
832154 and as subsequently extended by Order of the Seventh
84Judicial Circuit Court, St. Johns County, Florida, on August 16,
851972, as recorded in O.R. 194, page 344, and O.R. 224, page 26,
86Public Records of St. Johns County, Florida, in Case # 2154.
87Several Special Acts further adjusted the district boundaries.
88Section 2 of chapter 81-481, Laws of Florida, extended district
89boundaries into St. Johns County; section 3 of chapter 81-481,
90Laws of Florida, removed lands from Hastings Drainage District;
91section 2 of chapter 82-294, Laws of Florida, extended district
92boundaries in Flagler County; and chapter 89-505, Laws of
93Florida, reduced the size of the district in St. Johns County,
94and chapter 2000-479, Laws of Florida, removed Flagler County
95from the jurisdiction of the district. The consolidated legal
96description of the boundaries of the district is:
97
98THAT PORTION OF TOWNSHIP 10 SOUTH, RANGE 28 EAST,
99LYING AND BEING IN ST. JOHNS COUNTY AND FLAGLER
100COUNTIES, FLORIDA, DESCRIBED AS FOLLOWS:
101BEGIN AT THE NORTHEAST CORNER OF SAID TOWNSHIP 10
102SOUTH, RANGE 28 EAST; THENCE RUN SOUTHERLY ALONG THE
103EAST LINE OF SAID TOWNSHIP 10 SOUTH, RANGE 28 EAST TO
104THE SOUTHERN BOUNDARY OF ST JOHNS COUNTY; THENCE RUN
105WESTERLY ALONG THE SAID SOUTHERN BOUNDARY OF ST JOHNS
106COUNTY SOUTHEAST CORNER OF SECTION 24; THENCE RUN
107WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 24 TO
108THE NORTHEAST CORNER OF SECTION 26; THENCE RUN
109SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 26 TO
110THE NORTHERLY RIGHT OF WAY LINE OF THE FLORIDA EAST
111COAST RAILROAD; THENCE RUN NORTHWESTERLY ALONG SAID
112NORTHERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST
113RAILROAD TO THE SOUTH LINE OF SECTION 22; THENCE RUN
114WESTERLY ALONG THE SAID SOUTH LINE OF SECTION 22 TO
115THE SOUTHWEST CORNER THEREOF; THENCE RUN NORTHERLY
116ALONG THE WEST LINE OF SAID SECTION 22 TO THE SAID
117NORTHERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST
118RAILROAD; THENCE RUN NORTHWESTERLY ALONG THE SAID
119NORTHERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST
120RAILROAD TO THE WEST LINE OF THE EAST 1/2 OF THE
121NORTHWEST 1/4 OF SECTION 21; THENCE RUN NORTHERLY ALONG
122THE SAID WEST LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4
123TO THE SOUTH LINE OF SECTION 16; THENCE RUN WESTERLY
124ALONG THE SAID SOUTH LINE OF SECTION 16 TO THE
125SOUTHEAST CORNER OF SECTION 17 OF SAID TOWNSHIP 10
126SOUTH, RANGE 28 EAST; THENCE RUN WESTERLY ALONG THE
127SOUTH LINE OF SAID SECTION 17 TO THE SOUTHWEST CORNER
128OF THE EAST 1/4 OF SAID SECTION 17; THENCE RUN
129NORTHERLY ALONG THE WEST LINE OF THE EAST 1/4 OF SAID
130SECTION 17 AND ALONG THE WEST LINE OF THE EAST 1/4 OF
131SECTION 8 TO THE NORTH LINE OF SAID SECTION 8; THENCE
132RUN EASTERLY ALONG THE NORTH LINE OF SAID SECTION 8
133AND ALONG THE NORTH LINE OF SECTION 9 TO THE SOUTHWEST
134CORNER OF SECTION 3; THENCE RUN NORTHERLY ALONG THE
135WEST LINE OF SAID SECTION 3 TO THE NORTHWEST CORNER OF
136U.S. GOVERNMENT LOT 3 OF SAID SECTION 3; THENCE RUN
137EASTERLY ALONG THE NORTH LINES OF U.S. GOVERNMENT LOTS
1383 AND 4 OF SAID SECTION 3 TO THE NORTHEAST CORNER OF
139SAID LOT 4; THENCE RUN S 0°12'38" E FOR A DISTANCE OF
14012.54 FEET; THENCE RUN S 88°27'38" E FOR A DISTANCE OF
141363.00 FEET; THENCE RUN N 5°12'38" W FOR A DISTANCE OF
142458 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF THE
143GEO. I.F. CLARKE GRANT, SECTION 37; THENCE RUN
144EASTERLY ALONG SAID SOUTHERLY LINE OF THE GEO. I.F.
145CLARKE GRANT FOR A DISTANCE OF 824.99 FEET TO THE RUN
146OF SIXTEENMILE DEEP CREEK; THENCE RUN N 18°58'00" E
147FOR A DISTANCE OF 188.11 FEET TO THE POINT OF
148CURVATURE  OF A CIRCULAR CURVE LEADING TO THE LEFT,
149HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 16°46'00"
15016°46'00" AND A RADIUS OF 300.00 FEET; THENCE RUN
151NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE
152OF 87.79 FEET TO THE POINT OF TANGENCY; THENCE RUN N
1532°12'00" E FOR A DISTANCE OF 302.93 FEET TO A POINT OF
154CURVATURE OF A CIRCULAR CURVE LEADING TO THE LEFT,
155HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 82°00'00"
15682°00'00" AND A RADIUS OF 200.00 FEET; THENCE RUN
157NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE
158OF 286.23 FEET TO THE POINT OF TANGENCY; THENCE RUN N
15979°48'00" W FOR A DISTANCE OF 245.34 FEET TO A POINT:
160THENCE RUN S 50°11'17" W FOR A DISTANCE OF 343.96 FEET
161TO A POINT; THENCE RUN N 45°05'48" W FOR A DISTANCE OF
16282.01 FEET TO A POINT; THENCE RUN S 44°19'22" W FOR A
163DISTANCE OF 40.37 FEET TO A POINT; THENCE RUN N
16441°15'00" W FOR A DISTANCE OF 733.53 FEET TO A POINT
165OF CURVATURE OF A CIRCULAR CURVE LEADING TO THE LEFT,
166HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 27°16'00"
16727°16'00" AND A RADIUS OF 100.00 FEET; THENCE RUN
168NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE
169OF 47.59 FEET TO THE POINT OF TANGENCY; THENCE RUN N
17068°31'00" W FOR A DISTANCE OF 377.79 FEET TO A POINT
171OF CURVATURE OF A CIRCULAR CURVE LEADING TO THE RIGHT,
172HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 59°20'00"
17359°20'00" AND A RADIUS OF 100.00 FEET; THENCE RUN
174NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE
175OF 103.56 FEET TO THE POINT OF TANGENCY; THENCE RUN N
1769°11'00" W FOR A DISTANCE OF 569.04 FEET TO A POINT;
177THENCE RUN N 3°34'00" W FOR A DISTANCE OF 2177.00 FEET
178TO A POINT OF CURVATURE OF A CIRCULAR CURVE LEADING TO
179THE RIGHT, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF
18097°13'00" AND A RADIUS OF 48.48 FEET; THENCE RUN
181NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE
182OF 82.86 FEET TO THE POINT OF TANGENCY; THENCE RUN S
18386°21'00" E FOR A DISTANCE OF 55.00 FEET TO A POINT;
184THENCE RUN N 7°54'00" E FOR A DISTANCE OF 1123.57 FEET
185TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF COUNTY
186ROAD 13; THENCE RUN ALONG THE SOUTH RIGHT OF WAY LINE
187OF SAID COUNTY ROAD 13 FOR A DISTANCE OF 578.44 FEET
188TO A POINT; THENCE RUN S 41°27'41" E FOR A DISTANCE OF
189133.83 FEET TO A POINT OF CURVATURE OF A CIRCULAR
190CURVE LEADING TO THE RIGHT, HAVING FOR ITS ELEMENTS A
191CENTRAL ANGLE OF 33°52'41" AND A RADIUS OF 100.00
192FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE
193FOR A DISTANCE OF 39.13 FEET TO THE POINT OF TANGENCY;
194THENCE RUN S 7°35'00" E FOR A DISTANCE OF 2058.07 FEET
195TO A POINT OF CURVATURE OF A CIRCULAR CURVE LEADING TO
196THE RIGHT, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF
19726°48'00" AND A RADIUS OF 420.00 FEET; THENCE RUN
198SOUTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE
199OF 196.45 FEET TO THE POINT OF TANGENCY; THENCE RUN S
20019°13'00" W FOR A DISTANCE OF 502.38 FEET TO A POINT
201OF CURVATURE OF A CIRCULAR CURVE LEADING TO THE LEFT,
202HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 64°29'00"
20364°29'00" AND A RADIUS OF 80.00 FEET; THENCE RUN
204SOUTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE
205OF 80.04 FEET TO THE POINT OF TANGENCY; THENCE RUN S
20645°16'00" E FOR A DISTANCE OF 577.38 FEET TO A POINT
207OF CURVATURE OF A CIRCULAR CURVE LEADING TO THE RIGHT,
208HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 12°37'59"
20912°37'59" AND A RADIUS OF 720.00 FEET; THENCE RUN
210SOUTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE
211OF 158.75 FEET TO THE POINT OF TANGENCY; THENCE RUN S
21232°38'01" E FOR A DISTANCE OF 850.29 FEET TO A POINT
213ON THE NORTHERLY LINE OF SAID TOWNSHIP 10 SOUTH, RANGE
21428 EAST; THENCE RUN NORTHERLY DOWN THE RUN OF SAID
215DEEP CREEK TO THE NORTH LINE OF TOWNSHIP 10 SOUTH,
216RANGE 28 EAST; THENCE RUN EASTERLY ALONG THE SAID
217NORTH LINE OF TOWNSHIP 10 SOUTH, RANGE 28 EAST TO THE
218POINT OF BEGINNING.
219ALSO THE CANAL 5A, DESCRIBED AS FOLLOWS:
220A STRIP OF LAND 60 FEET IN WIDTH BEING A PORTION OF
221THE GEO. I.F. CLARKE GRANT, LYING AND BEING IN SECTION
22238, TOWNSHIP 9 SOUTH, RANGE 28 EAST, ST. JOHNS COUNTY,
223FLORIDA, SAID STRIP LYING 30.00 FEET ON EACH SIDE OF
224AND CONTIGUOUS WITH THE FOLLOWING DESCRIBED
225CENTERLINE:
226COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 38;
227THENCE RUN S 81°12'24" 87°12'24" E, ALONG THE SOUTH
228LINE OF SAID SECTION 38, FOR 30.01 FEET TO THE POINT
229OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERLINE;
230THENCE RUN N 04°18'32" E, ALONG A LINE PARALLEL WITH
231AND 30.00 FEET EASTERLY OF THE WEST LINE OF SAID
232SECTION 38, FOR 2261.05 FEET; THENCE RUN N 54°03'48" E
233FOR 1118.15 FEET; THENCE RUN N 00°38'15" E FOR 395.40
234FEET; THENCE RUN N 69°33'35" E FOR 236.03 FEET TO A
235POINT OF TERMINATION BEING ON THE WESTERLY LINE OF THE
236SIXTEEN MILE CREEK CANAL FOREBAY, AS DESCRIBED IN
237OFFICIAL RECORDS BOOK 224 AT PAGES 31 AND 32 OF THE
238PUBLIC RECORDS OF ST. JOHNS COUNTY, FLORIDA.
239CONTAINING 5.624 5.524 ACRES, MORE OR LESS.
240AND ALSO A 50 FOOT ROAD RIGHT OF WAY, DESCRIBED AS
241FOLLOWS:
242BEING PORTIONS OF SECTION 37, TOWNSHIP 10 SOUTH, RANGE
24328 EAST, AND SECTION 38, TOWNSHIP 9 SOUTH, RANGE 28
244EAST, ST. JOHNS COUNTY, FLORIDA, AND BEING MORE FULLY
245DESCRIBED AS FOLLOWS:
246COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 37;
247THENCE S 85°45'20" E ALONG THE SOUTHERLY LINE OF SAID
248SECTION 37 FOR 569.19 FEET TO THE SW CORNER OF PARCEL
249ONE, ACCORDING TO DEED BOOK 136, PAGE 63 OF THE PUBLIC
250RECORDS OF ST. JOHNS COUNTY, FLORIDA; THENCE S
25184°01'14" E ALONG THE SOUTHERLY LINE OF SAID PARCEL
252ONE AND THE EASTERLY PROLONGATION THEREOF FOR 1615.34
2531675.34 FEET TO THE NORTHEAST CORNER OF PARCEL 4,
254ACCORDING TO DEED BOOK 136, PAGE 64 OF THE PUBLIC
255RECORDS OF ST. JOHNS COUNTY, FLORIDA; THENCE S
25685°12'38" E ALONG THE SOUTHERLY LINE OF SAID SECTION
25737 FOR 300.00 FEET TO THE POINT OF BEGINNING OF THE
258HEREINAFTER DESCRIBED 50.00 FOOT ROAD RIGHT OF WAY;
259THE FOLLOWING EIGHT (8) COURSES BEING ALONG THE
260CENTERLINE OF THE 50.00 FOOT ROAD RIGHT OF WAY; (1)
261THENCE N 02°30'00" E FOR 180.00 FEET TO A POINT OF
262CURVATURE; (2) THENCE NORTHWESTERLY ALONG A 100.00
263FOOT RADIUS CURVE LEADING TO THE LEFT THROUGH A
264CENTRAL ANGLE OF 87°30'00" FOR AN ARC OF 152.72 FEET
265TO A POINT OF TANGENCY; (3) THENCE N 85°00'00" W FOR
266700.00 FEET; (4) THENCE N 89°45'00" W, FOR 290.00 FEET
267TO A POINT OF CURVATURE; (5) THENCE NORTHERLY ALONG A
268100.00 FOOT RADIUS CURVE LEADING TO THE RIGHT THROUGH
269A CENTRAL ANGLE OF 79°15'00" FOR AN ARC OF 138.32 FEET
270TO A POINT OF TANGENCY; (6) THENCE N 10°30'00" W FOR
271515.00 FEET TO A POINT OF CURVATURE; (7) THENCE
272NORTHWESTERLY ALONG A 100.00 FOOT RADIUS CURVE LEADING
273TO THE LEFT THROUGH A CENTRAL ANGLE OF 37°00'00' FOR
274AN ARC OF 64.58 FEET TO A POINT OF TANGENCY; (8)
275THENCE N 47°30'00" W FOR 120 FEET MORE OR LESS TO A
276POINT ON THE CENTERLINE OF AN EXISTING COUNTY ROAD,
277SAID POINT BEING ALSO THE POINT OF TERMINATION OF SAID
27850 FOOT ROAD RIGHT OF WAY. THE SIDE LINES OF THE ABOVE
279DESCRIBED 50.00 FOOT WIDE ROAD RIGHT OF WAY ARE TO BE
280LENGTHENED OR SHORTENED AS MAY BE NECESSARY TO
281MAINTAIN A 50.00 FOOT RIGHT OF WAY ALONG THE DESCRIBED
282CENTERLINE.
283ALL LYING AND BEING IN ST. JOHNS COUNTY, FLORIDA, AND
284CONTAINING 2.5 ACRES.
285     Section 2.  This act shall take effect upon becoming a law.


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