HB 1509CS

CHAMBER ACTION



1The Local Government Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to Flagler Estates Road and Water Control
7District, St. Johns County; amending chapter 98-529, Laws
8of Florida; providing additional powers of the district to
9construct, operate, maintain, repair, and replace works
10and improvements necessary to execute the district's water
11control plan; specifying applicability of certain general
12law; providing for an interlocal agreement; revising
13district boundaries; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Sections 1 and 3 of section 4 of chapter 98-
18529, Laws of Florida, are amended to read:
19     Section 1.  Powers and authority.--
20     (1)  The drainage district originally was empowered to
21accept and maintain drainage improvements already in existence
22and to operate pursuant to the general drainage laws of chapter
23298, Florida Statutes. In addition to the powers provided for in
24chapter 298, Florida Statutes, in 1981 the district was granted
25the power to maintain roadways and roads necessary and
26convenient for the exercise of the powers or duties or any of
27the powers or duties of said district; and in furtherance of the
28purposes and intent of chapter 298, Florida Statutes, to
29maintain streets, roadways, and roads necessary and convenient
30to provide access to and efficient development of areas made
31suitable and available for cultivation and settlement, urban and
32suburban, and other beneficial use and development as a result
33of the drainage, irrigation, and reclamation operations of the
34district for the lands only within the boundaries of the
35district situated in St. Johns John's County. This road
36authority geographically was expanded in 1982 to include the
37lands within the boundaries of the district situated in Flagler
38County as well as a component of the district's road maintenance
39authority within the district boundaries. This authority was is
40hereby specified to include, but not be limited to, street
41lighting, road striping, reconstruction, and any other safety
42features or improvements customary to a modern road system.
43     (2)  Pursuant to chapter 298, Florida Statutes, and this
44act, the district shall have full power and authority to
45construct, operate, maintain, repair, and replace any and all
46works and improvements necessary to execute the district's water
47control plan. The works of the district include, without
48limitation, all waterways, water control structures, equipment,
49facilities, real property interests, roads, streets, lighting,
50and appurtenant facilities owned, operated, or maintained by the
51district or included in the district water control plan. The
52district recognizes that it is subject to the provisions of
53chapter 2005-345, Laws of Florida, insofar as that chapter
54relates to the Flagler Estates Road and Water Control District
55formerly known as Sixteen Mile Creek Water Control District.
56     (3)  Pursuant to this section, the Hastings Drainage
57District and the Flagler Estates Road and Water Control District
58shall, with the assistance and advice of the St. Johns River
59Water Management District, enter into an interlocal agreement by
60December 31, 2006, incorporating provisions for cooperative
61operation of interconnected water control facilities.
62     (4)  Surplus real property owned by the district can be
63made available to the public for passive use and the district is
64authorized to enter into lease or interlocal agreements with
65other governmental entities for the operation and/or maintenance
66of such passive use areas within the district boundaries.
67     Section 3.  Boundaries.--The district boundaries originally
68were established in the Final Judgment Incorporating the
69Drainage District by the Seventh Judicial Circuit Court, St.
70Johns County, Florida, on June 4, 1971, as recorded in O.R. 194,
71page 344, Public Records of St. Johns County, Florida, in Case
72#2154 and as subsequently extended by Order of the Seventh
73Judicial Circuit Court, St. Johns County, Florida, on August 16,
741972, as recorded in O.R. 194, page 344, and O.R. 224, page 26,
75Public Records of St. Johns County, Florida, in Case # 2154.
76Several Special Acts further adjusted the district boundaries.
77Section 2 of chapter 81-481, Laws of Florida, extended district
78boundaries into St. Johns County; section 3 of chapter 81-481,
79Laws of Florida, removed lands from Hastings Drainage District;
80section 2 of chapter 82-294, Laws of Florida, extended district
81boundaries in Flagler County; and chapter 89-505, Laws of
82Florida, reduced the size of the district in St. Johns County,
83and chapter 2000-479, Laws of Florida, removed Flagler County
84from the jurisdiction of the district. The consolidated legal
85description of the boundaries of the district is:
86THAT PORTION OF TOWNSHIP 10 SOUTH, RANGE 28 EAST, LYING AND
87BEING IN ST. JOHNS COUNTY AND FLAGLER COUNTIES, FLORIDA,
88DESCRIBED AS FOLLOWS:
89BEGIN AT THE NORTHEAST CORNER OF SAID TOWNSHIP 10 SOUTH,
90RANGE 28 EAST; THENCE RUN SOUTHERLY ALONG THE EAST LINE OF
91SAID TOWNSHIP 10 SOUTH, RANGE 28 EAST TO THE SOUTHERN
92BOUNDARY OF ST JOHNS COUNTY; THENCE RUN WESTERLY ALONG THE
93SAID SOUTHERN BOUNDARY OF ST JOHNS COUNTY SOUTHEAST CORNER
94OF SECTION 24; THENCE RUN WESTERLY ALONG THE SOUTH LINE OF
95SAID SECTION 24 TO THE NORTHEAST CORNER OF SECTION 26;
96THENCE RUN SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 26
97TO THE NORTHERLY RIGHT OF WAY LINE OF THE FLORIDA EAST
98COAST RAILROAD; THENCE RUN NORTHWESTERLY ALONG SAID
99NORTHERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST
100RAILROAD TO THE SOUTH LINE OF SECTION 22; THENCE RUN
101WESTERLY ALONG THE SAID SOUTH LINE OF SECTION 22 TO THE
102SOUTHWEST CORNER THEREOF; THENCE RUN NORTHERLY ALONG THE
103WEST LINE OF SAID SECTION 22 TO THE SAID NORTHERLY RIGHT OF
104WAY LINE OF THE FLORIDA EAST COAST RAILROAD; THENCE RUN
105NORTHWESTERLY ALONG THE SAID NORTHERLY RIGHT OF WAY LINE OF
106THE FLORIDA EAST COAST RAILROAD TO THE WEST LINE OF THE
107EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 21; THENCE RUN
108NORTHERLY ALONG THE SAID WEST LINE OF THE EAST 1/2 OF THE
109NORTHWEST 1/4 TO THE SOUTH LINE OF SECTION 16; THENCE RUN
110WESTERLY ALONG THE SAID SOUTH LINE OF SECTION 16 TO THE
111SOUTHEAST CORNER OF SECTION 17 OF SAID TOWNSHIP 10 SOUTH,
112RANGE 28 EAST; THENCE RUN WESTERLY ALONG THE SOUTH LINE OF
113SAID SECTION 17 TO THE SOUTHWEST CORNER OF THE EAST 1/4 OF
114SAID SECTION 17; THENCE RUN NORTHERLY ALONG THE WEST LINE
115OF THE EAST 1/4 OF SAID SECTION 17 AND ALONG THE WEST LINE
116OF THE EAST 1/4 OF SECTION 8 TO THE NORTH LINE OF SAID
117SECTION 8; THENCE RUN EASTERLY ALONG THE NORTH LINE OF SAID
118SECTION 8 AND ALONG THE NORTH LINE OF SECTION 9 TO THE
119SOUTHWEST CORNER OF SECTION 3; THENCE RUN NORTHERLY ALONG
120THE WEST LINE OF SAID SECTION 3 TO THE NORTHWEST CORNER OF
121U.S. GOVERNMENT LOT 3 OF SAID SECTION 3; THENCE RUN
122EASTERLY ALONG THE NORTH LINES OF U.S. GOVERNMENT LOTS 3
123AND 4 OF SAID SECTION 3 TO THE NORTHEAST CORNER OF SAID LOT
1244; THENCE RUN S 0°12'38" E FOR A DISTANCE OF 12.54 FEET;
125THENCE RUN S 88°27'38" E FOR A DISTANCE OF 363.00 FEET;
126THENCE RUN N 5°12'38" W FOR A DISTANCE OF 458 FEET, MORE OR
127LESS, TO THE SOUTHERLY LINE OF THE GEO. I.F. CLARKE GRANT,
128SECTION 37; THENCE RUN EASTERLY ALONG SAID SOUTHERLY LINE
129OF THE GEO. I.F. CLARKE GRANT FOR A DISTANCE OF 824.99 FEET
130TO THE RUN OF SIXTEENMILE DEEP CREEK; THENCE RUN N
13118°58'00" E FOR A DISTANCE OF 188.11 FEET TO THE POINT OF
132CURVATURE OF A CIRCULAR CURVE LEADING TO THE LEFT, HAVING
133FOR ITS ELEMENTS A CENTRAL ANGLE OF 16°46'00" AND A RADIUS
134OF 300.00 FEET; THENCE RUN NORTHERLY ALONG THE ARC OF SAID
135CURVE FOR A DISTANCE OF 87.79 FEET TO THE POINT OF
136TANGENCY; THENCE RUN N 2°12'00" E FOR A DISTANCE OF 302.93
137FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE LEADING TO
138THE LEFT, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF
13982°00'00" AND A RADIUS OF 200.00 FEET; THENCE RUN NORTHERLY
140ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 286.23 FEET
141TO THE POINT OF TANGENCY; THENCE RUN N 79°48'00" W FOR A
142DISTANCE OF 245.34 FEET TO A POINT: THENCE RUN S 50°11'17"
14350°11'17" W FOR A DISTANCE OF 343.96 FEET TO A POINT;
144THENCE RUN N 45°05'48" W FOR A DISTANCE OF 82.01 FEET TO A
145POINT; THENCE RUN S 44°19'22" W FOR A DISTANCE OF 40.37
146FEET TO A POINT; THENCE RUN N 41°15'00" W FOR A DISTANCE OF
147733.53 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE
148LEADING TO THE LEFT, HAVING FOR ITS ELEMENTS A CENTRAL
149ANGLE OF 27°16'00" AND A RADIUS OF 100.00 FEET; THENCE RUN
150NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF
15147.59 FEET TO THE POINT OF TANGENCY; THENCE RUN N 68°31'00"
15268°31'00" W FOR A DISTANCE OF 377.79 FEET TO A POINT OF
153CURVATURE OF A CIRCULAR CURVE LEADING TO THE RIGHT, HAVING
154FOR ITS ELEMENTS A CENTRAL ANGLE OF 59°20'00" AND A RADIUS
155OF 100.00 FEET; THENCE RUN NORTHERLY ALONG THE ARC OF SAID
156CURVE FOR A DISTANCE OF 103.56 FEET TO THE POINT OF
157TANGENCY; THENCE RUN N 9°11'00" W FOR A DISTANCE OF 569.04
158FEET TO A POINT; THENCE RUN N 3°34'00" W FOR A DISTANCE OF
1592177.00 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE
160LEADING TO THE RIGHT, HAVING FOR ITS ELEMENTS A CENTRAL
161ANGLE OF 97°13'00" AND A RADIUS OF 48.48 FEET; THENCE RUN
162NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF
16382.86 FEET TO THE POINT OF TANGENCY; THENCE RUN S 86°21'00"
16486°21'00" E FOR A DISTANCE OF 55.00 FEET TO A POINT;
165THENCE RUN N 7°54'00" E FOR A DISTANCE OF 1123.57 FEET TO A
166POINT ON THE SOUTH RIGHT OF WAY LINE OF COUNTY ROAD 13;
167THENCE RUN ALONG THE SOUTH RIGHT OF WAY LINE OF SAID COUNTY
168ROAD 13 FOR A DISTANCE OF 578.44 FEET TO A POINT; THENCE
169RUN S 41°27'41" E FOR A DISTANCE OF 133.83 FEET TO A POINT
170OF CURVATURE OF A CIRCULAR CURVE LEADING TO THE RIGHT,
171HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 33°52'41" AND A
172RADIUS OF 100.00 FEET; THENCE RUN SOUTHERLY ALONG THE ARC
173OF SAID CURVE FOR A DISTANCE OF 39.13 FEET TO THE POINT OF
174TANGENCY; THENCE RUN S 7°35'00" E FOR A DISTANCE OF 2058.07
175FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE LEADING TO
176THE RIGHT, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF
17726°48'00" AND A RADIUS OF 420.00 FEET; THENCE RUN SOUTHERLY
178ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 196.45 FEET
179TO THE POINT OF TANGENCY; THENCE RUN S 19°13'00" W FOR A
180DISTANCE OF 502.38 FEET TO A POINT OF CURVATURE OF A
181CIRCULAR CURVE LEADING TO THE LEFT, HAVING FOR ITS ELEMENTS
182A CENTRAL ANGLE OF 64°29'00" AND A RADIUS OF 80.00 FEET;
183THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE FOR A
184DISTANCE OF 80.04 FEET TO THE POINT OF TANGENCY; THENCE RUN
185S 45°16'00" E FOR A DISTANCE OF 577.38 FEET TO A POINT OF
186CURVATURE OF A CIRCULAR CURVE LEADING TO THE RIGHT, HAVING
187FOR ITS ELEMENTS A CENTRAL ANGLE OF 12°37'59" AND A RADIUS
188OF 720.00 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID
189CURVE FOR A DISTANCE OF 158.75 FEET TO THE POINT OF
190TANGENCY; THENCE RUN S 32°38'01" E FOR A DISTANCE OF 850.29
191FEET TO A POINT ON THE NORTHERLY LINE OF SAID TOWNSHIP 10
192SOUTH, RANGE 28 EAST; THENCE RUN NORTHERLY DOWN THE RUN OF
193SAID DEEP CREEK TO THE NORTH LINE OF TOWNSHIP 10 SOUTH,
194RANGE 28 EAST; THENCE RUN EASTERLY ALONG THE SAID NORTH
195LINE OF TOWNSHIP 10 SOUTH, RANGE 28 EAST TO THE POINT OF
196BEGINNING.
197ALSO THE CANAL 5A, DESCRIBED AS FOLLOWS:
198A STRIP OF LAND 60 FEET IN WIDTH BEING A PORTION OF THE
199GEO. I.F. CLARKE GRANT, LYING AND BEING IN SECTION 38,
200TOWNSHIP 9 SOUTH, RANGE 28 EAST, ST. JOHNS COUNTY, FLORIDA,
201SAID STRIP LYING 30.00 FEET ON EACH SIDE OF AND CONTIGUOUS
202WITH THE FOLLOWING DESCRIBED CENTERLINE:
203COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 38; THENCE
204RUN S 81°12'24" 87°12'24" E, ALONG THE SOUTH LINE OF SAID
205SECTION 38, FOR 30.01 FEET TO THE POINT OF BEGINNING OF THE
206FOLLOWING DESCRIBED CENTERLINE; THENCE RUN N 04°18'32" E,
207ALONG A LINE PARALLEL WITH AND 30.00 FEET EASTERLY OF THE
208WEST LINE OF SAID SECTION 38, FOR 2261.05 FEET; THENCE RUN
209N 54°03'48" E FOR 1118.15 FEET; THENCE RUN N 00°38'15" E
210FOR 395.40 FEET; THENCE RUN N 69°33'35" E FOR 236.03 FEET
211TO A POINT OF TERMINATION BEING ON THE WESTERLY LINE OF THE
212SIXTEEN MILE CREEK CANAL FOREBAY, AS DESCRIBED IN OFFICIAL
213RECORDS BOOK 224 AT PAGES 31 AND 32 OF THE PUBLIC RECORDS
214OF ST. JOHNS COUNTY, FLORIDA.
215CONTAINING 5.624 5.524 ACRES, MORE OR LESS.
216AND ALSO A 50 FOOT ROAD RIGHT OF WAY, DESCRIBED AS FOLLOWS:
217BEING PORTIONS OF SECTION 37, TOWNSHIP 10 SOUTH, RANGE 28
218EAST, AND SECTION 38, TOWNSHIP 9 SOUTH, RANGE 28 EAST, ST.
219JOHNS COUNTY, FLORIDA, AND BEING MORE FULLY DESCRIBED AS
220FOLLOWS:
221COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 37; THENCE
222S 85°45'20" E ALONG THE SOUTHERLY LINE OF SAID SECTION 37
223FOR 569.19 FEET TO THE SW CORNER OF PARCEL ONE, ACCORDING
224TO DEED BOOK 136, PAGE 63 OF THE PUBLIC RECORDS OF ST.
225JOHNS COUNTY, FLORIDA; THENCE S 84°01'14" E ALONG THE
226SOUTHERLY LINE OF SAID PARCEL ONE AND THE EASTERLY
227PROLONGATION THEREOF FOR 1615.34 1675.34 FEET TO THE
228NORTHEAST CORNER OF PARCEL 4, ACCORDING TO DEED BOOK 136,
229PAGE 64 OF THE PUBLIC RECORDS OF ST. JOHNS COUNTY, FLORIDA;
230THENCE S 85°12'38" E ALONG THE SOUTHERLY LINE OF SAID
231SECTION 37 FOR 300.00 FEET TO THE POINT OF BEGINNING OF THE
232HEREINAFTER DESCRIBED 50.00 FOOT ROAD RIGHT OF WAY; THE
233FOLLOWING EIGHT (8) COURSES BEING ALONG THE CENTERLINE OF
234THE 50.00 FOOT ROAD RIGHT OF WAY; (1) THENCE N 02°30'00" E
235FOR 180.00 FEET TO A POINT OF CURVATURE; (2) THENCE
236NORTHWESTERLY ALONG A 100.00 FOOT RADIUS CURVE LEADING TO
237THE LEFT THROUGH A CENTRAL ANGLE OF 87°30'00" FOR AN ARC OF
238152.72 FEET TO A POINT OF TANGENCY; (3) THENCE N 85°00'00"
239W FOR 700.00 FEET; (4) THENCE N 89°45'00" W, FOR 290.00
240FEET TO A POINT OF CURVATURE; (5) THENCE NORTHERLY ALONG A
241100.00 FOOT RADIUS CURVE LEADING TO THE RIGHT THROUGH A
242CENTRAL ANGLE OF 79°15'00" FOR AN ARC OF 138.32 FEET TO A
243POINT OF TANGENCY; (6) THENCE N 10°30'00" W FOR 515.00 FEET
244TO A POINT OF CURVATURE; (7) THENCE NORTHWESTERLY ALONG A
245100.00 FOOT RADIUS CURVE LEADING TO THE LEFT THROUGH A
246CENTRAL ANGLE OF 37°00'00' FOR AN ARC OF 64.58 FEET TO A
247POINT OF TANGENCY; (8) THENCE N 47°30'00" W FOR 120 FEET
248MORE OR LESS TO A POINT ON THE CENTERLINE OF AN EXISTING
249COUNTY ROAD, SAID POINT BEING ALSO THE POINT OF TERMINATION
250OF SAID 50 FOOT ROAD RIGHT OF WAY. THE SIDE LINES OF THE
251ABOVE DESCRIBED 50.00 FOOT WIDE ROAD RIGHT OF WAY ARE TO BE
252LENGTHENED OR SHORTENED AS MAY BE NECESSARY TO MAINTAIN A
25350.00 FOOT RIGHT OF WAY ALONG THE DESCRIBED CENTERLINE.
254ALL LYING AND BEING IN ST. JOHNS COUNTY, FLORIDA, AND
255CONTAINING 2.5 ACRES.
256     Section 2.  This act shall take effect upon becoming a law.


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