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; specifying applicability of certain general
8law; providing for an interlocal agreement; revising
9district boundaries; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Sections 1 and 3 of section 4 of chapter 98-
14529, Laws of Florida, are amended to read:
15     Section 1.  Powers and authority.--
16     (1)  The drainage district originally was empowered to
17accept and maintain drainage improvements already in existence
18and to operate pursuant to the general drainage laws of chapter
19298, Florida Statutes. In addition to the powers provided for in
20chapter 298, Florida Statutes, in 1981 the district was granted
21the power to maintain roadways and roads necessary and
22convenient for the exercise of the powers or duties or any of
23the powers or duties of said district; and in furtherance of the
24purposes and intent of chapter 298, Florida Statutes, to
25maintain streets, roadways, and roads necessary and convenient
26to provide access to and efficient development of areas made
27suitable and available for cultivation and settlement, urban and
28suburban, and other beneficial use and development as a result
29of the drainage, irrigation, and reclamation operations of the
30district for the lands only within the boundaries of the
31district situated in St. Johns John's County. This road
32authority geographically was expanded in 1982 to include the
33lands within the boundaries of the district situated in Flagler
34County as well as a component of the district's road maintenance
35authority within the district boundaries. This authority was is
36hereby specified to include, but not be limited to, street
37lighting, road striping, reconstruction, and any other safety
38features or improvements customary to a modern road system.
39     (2)  Pursuant to chapter 298, Florida Statutes, and this
40act, the district shall have full power and authority to
41construct, operate, maintain, repair, and replace any and all
42works and improvements necessary to execute the district's water
43control plan. The works of the district include, without
44limitation, all waterways, water control structures, equipment,
45facilities, real property interests, roads, streets, lighting,
46and appurtenant facilities owned, operated, or maintained by the
47district or included in the district water control plan. The
48district recognizes that it is subject to the provisions of
49chapter 2005-345, Laws of Florida, insofar as that chapter
50relates to the Flagler Estates Road and Water Control District
51formerly known as Sixteen Mile Creek Water Control District.
52     (3)  Pursuant to this section, the Hastings Drainage
53District and the Flagler Estates Road and Water Control District
54shall, with the assistance and advice of the St. Johns River
55Water Management District, enter into an interlocal agreement by
56December 31, 2006, incorporating provisions for cooperative
57operation of interconnected water control facilities.
58     (4)  Surplus real property owned by the district can be
59made available to the public for passive use and the district is
60authorized to enter into lease or interlocal agreements with
61other governmental entities for the operation and/or maintenance
62of such passive use areas within the district boundaries.
63     Section 3.  Boundaries.--The district boundaries originally
64were established in the Final Judgment Incorporating the
65Drainage District by the Seventh Judicial Circuit Court, St.
66Johns County, Florida, on June 4, 1971, as recorded in O.R. 194,
67page 344, Public Records of St. Johns County, Florida, in Case
68#2154 and as subsequently extended by Order of the Seventh
69Judicial Circuit Court, St. Johns County, Florida, on August 16,
701972, as recorded in O.R. 194, page 344, and O.R. 224, page 26,
71Public Records of St. Johns County, Florida, in Case # 2154.
72Several Special Acts further adjusted the district boundaries.
73Section 2 of chapter 81-481, Laws of Florida, extended district
74boundaries into St. Johns County; section 3 of chapter 81-481,
75Laws of Florida, removed lands from Hastings Drainage District;
76section 2 of chapter 82-294, Laws of Florida, extended district
77boundaries in Flagler County; and chapter 89-505, Laws of
78Florida, reduced the size of the district in St. Johns County,
79and chapter 2000-479, Laws of Florida, removed Flagler County
80from the jurisdiction of the district. The consolidated legal
81description of the boundaries of the district is:
82THAT PORTION OF TOWNSHIP 10 SOUTH, RANGE 28 EAST, LYING AND
83BEING IN ST. JOHNS COUNTY AND FLAGLER COUNTIES, FLORIDA,
84DESCRIBED AS FOLLOWS:
85BEGIN AT THE NORTHEAST CORNER OF SAID TOWNSHIP 10 SOUTH,
86RANGE 28 EAST; THENCE RUN SOUTHERLY ALONG THE EAST LINE OF
87SAID TOWNSHIP 10 SOUTH, RANGE 28 EAST TO THE SOUTHERN
88BOUNDARY OF ST JOHNS COUNTY; THENCE RUN WESTERLY ALONG THE
89SAID SOUTHERN BOUNDARY OF ST JOHNS COUNTY SOUTHEAST CORNER
90OF SECTION 24; THENCE RUN WESTERLY ALONG THE SOUTH LINE OF
91SAID SECTION 24 TO THE NORTHEAST CORNER OF SECTION 26;
92THENCE RUN SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 26
93TO THE NORTHERLY RIGHT OF WAY LINE OF THE FLORIDA EAST
94COAST RAILROAD; THENCE RUN NORTHWESTERLY ALONG SAID
95NORTHERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST
96RAILROAD TO THE SOUTH LINE OF SECTION 22; THENCE RUN
97WESTERLY ALONG THE SAID SOUTH LINE OF SECTION 22 TO THE
98SOUTHWEST CORNER THEREOF; THENCE RUN NORTHERLY ALONG THE
99WEST LINE OF SAID SECTION 22 TO THE SAID NORTHERLY RIGHT OF
100WAY LINE OF THE FLORIDA EAST COAST RAILROAD; THENCE RUN
101NORTHWESTERLY ALONG THE SAID NORTHERLY RIGHT OF WAY LINE OF
102THE FLORIDA EAST COAST RAILROAD TO THE WEST LINE OF THE
103EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 21; THENCE RUN
104NORTHERLY ALONG THE SAID WEST LINE OF THE EAST 1/2 OF THE
105NORTHWEST 1/4 TO THE SOUTH LINE OF SECTION 16; THENCE RUN
106WESTERLY ALONG THE SAID SOUTH LINE OF SECTION 16 TO THE
107SOUTHEAST CORNER OF SECTION 17 OF SAID TOWNSHIP 10 SOUTH,
108RANGE 28 EAST; THENCE RUN WESTERLY ALONG THE SOUTH LINE OF
109SAID SECTION 17 TO THE SOUTHWEST CORNER OF THE EAST 1/4 OF
110SAID SECTION 17; THENCE RUN NORTHERLY ALONG THE WEST LINE
111OF THE EAST 1/4 OF SAID SECTION 17 AND ALONG THE WEST LINE
112OF THE EAST 1/4 OF SECTION 8 TO THE NORTH LINE OF SAID
113SECTION 8; THENCE RUN EASTERLY ALONG THE NORTH LINE OF SAID
114SECTION 8 AND ALONG THE NORTH LINE OF SECTION 9 TO THE
115SOUTHWEST CORNER OF SECTION 3; THENCE RUN NORTHERLY ALONG
116THE WEST LINE OF SAID SECTION 3 TO THE NORTHWEST CORNER OF
117U.S. GOVERNMENT LOT 3 OF SAID SECTION 3; THENCE RUN
118EASTERLY ALONG THE NORTH LINES OF U.S. GOVERNMENT LOTS 3
119AND 4 OF SAID SECTION 3 TO THE NORTHEAST CORNER OF SAID LOT
1204; THENCE RUN S 0°12'38" E FOR A DISTANCE OF 12.54 FEET;
121THENCE RUN S 88°27'38" E FOR A DISTANCE OF 363.00 FEET;
122THENCE RUN N 5°12'38" W FOR A DISTANCE OF 458 FEET, MORE OR
123LESS, TO THE SOUTHERLY LINE OF THE GEO. I.F. CLARKE GRANT,
124SECTION 37; THENCE RUN EASTERLY ALONG SAID SOUTHERLY LINE
125OF THE GEO. I.F. CLARKE GRANT FOR A DISTANCE OF 824.99 FEET
126TO THE RUN OF SIXTEENMILE DEEP CREEK; THENCE RUN N
12718°58'00" E FOR A DISTANCE OF 188.11 FEET TO THE POINT OF
128CURVATURE OF A CIRCULAR CURVE LEADING TO THE LEFT, HAVING
129FOR ITS ELEMENTS A CENTRAL ANGLE OF 16°46'00" AND A RADIUS
130OF 300.00 FEET; THENCE RUN NORTHERLY ALONG THE ARC OF SAID
131CURVE FOR A DISTANCE OF 87.79 FEET TO THE POINT OF
132TANGENCY; THENCE RUN N 2°12'00" E FOR A DISTANCE OF 302.93
133FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE LEADING TO
134THE LEFT, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF
13582°00'00" AND A RADIUS OF 200.00 FEET; THENCE RUN NORTHERLY
136ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 286.23 FEET
137TO THE POINT OF TANGENCY; THENCE RUN N 79°48'00" W FOR A
138DISTANCE OF 245.34 FEET TO A POINT: THENCE RUN S 50°11'17"
13950°11'17" W FOR A DISTANCE OF 343.96 FEET TO A POINT;
140THENCE RUN N 45°05'48" W FOR A DISTANCE OF 82.01 FEET TO A
141POINT; THENCE RUN S 44°19'22" W FOR A DISTANCE OF 40.37
142FEET TO A POINT; THENCE RUN N 41°15'00" W FOR A DISTANCE OF
143733.53 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE
144LEADING TO THE LEFT, HAVING FOR ITS ELEMENTS A CENTRAL
145ANGLE OF 27°16'00" AND A RADIUS OF 100.00 FEET; THENCE RUN
146NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF
14747.59 FEET TO THE POINT OF TANGENCY; THENCE RUN N 68°31'00"
14868°31'00" W FOR A DISTANCE OF 377.79 FEET TO A POINT OF
149CURVATURE OF A CIRCULAR CURVE LEADING TO THE RIGHT, HAVING
150FOR ITS ELEMENTS A CENTRAL ANGLE OF 59°20'00" AND A RADIUS
151OF 100.00 FEET; THENCE RUN NORTHERLY ALONG THE ARC OF SAID
152CURVE FOR A DISTANCE OF 103.56 FEET TO THE POINT OF
153TANGENCY; THENCE RUN N 9°11'00" W FOR A DISTANCE OF 569.04
154FEET TO A POINT; THENCE RUN N 3°34'00" W FOR A DISTANCE OF
1552177.00 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE
156LEADING TO THE RIGHT, HAVING FOR ITS ELEMENTS A CENTRAL
157ANGLE OF 97°13'00" AND A RADIUS OF 48.48 FEET; THENCE RUN
158NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF
15982.86 FEET TO THE POINT OF TANGENCY; THENCE RUN S 86°21'00"
16086°21'00" E FOR A DISTANCE OF 55.00 FEET TO A POINT;
161THENCE RUN N 7°54'00" E FOR A DISTANCE OF 1123.57 FEET TO A
162POINT ON THE SOUTH RIGHT OF WAY LINE OF COUNTY ROAD 13;
163THENCE RUN ALONG THE SOUTH RIGHT OF WAY LINE OF SAID COUNTY
164ROAD 13 FOR A DISTANCE OF 578.44 FEET TO A POINT; THENCE
165RUN S 41°27'41" E FOR A DISTANCE OF 133.83 FEET TO A POINT
166OF CURVATURE OF A CIRCULAR CURVE LEADING TO THE RIGHT,
167HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 33°52'41" AND A
168RADIUS OF 100.00 FEET; THENCE RUN SOUTHERLY ALONG THE ARC
169OF SAID CURVE FOR A DISTANCE OF 39.13 FEET TO THE POINT OF
170TANGENCY; THENCE RUN S 7°35'00" E FOR A DISTANCE OF 2058.07
171FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE LEADING TO
172THE RIGHT, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF
17326°48'00" AND A RADIUS OF 420.00 FEET; THENCE RUN SOUTHERLY
174ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 196.45 FEET
175TO THE POINT OF TANGENCY; THENCE RUN S 19°13'00" W FOR A
176DISTANCE OF 502.38 FEET TO A POINT OF CURVATURE OF A
177CIRCULAR CURVE LEADING TO THE LEFT, HAVING FOR ITS ELEMENTS
178A CENTRAL ANGLE OF 64°29'00" AND A RADIUS OF 80.00 FEET;
179THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE FOR A
180DISTANCE OF 80.04 FEET TO THE POINT OF TANGENCY; THENCE RUN
181S 45°16'00" E FOR A DISTANCE OF 577.38 FEET TO A POINT OF
182CURVATURE OF A CIRCULAR CURVE LEADING TO THE RIGHT, HAVING
183FOR ITS ELEMENTS A CENTRAL ANGLE OF 12°37'59" AND A RADIUS
184OF 720.00 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID
185CURVE FOR A DISTANCE OF 158.75 FEET TO THE POINT OF
186TANGENCY; THENCE RUN S 32°38'01" E FOR A DISTANCE OF 850.29
187FEET TO A POINT ON THE NORTHERLY LINE OF SAID TOWNSHIP 10
188SOUTH, RANGE 28 EAST; THENCE RUN NORTHERLY DOWN THE RUN OF
189SAID DEEP CREEK TO THE NORTH LINE OF TOWNSHIP 10 SOUTH,
190RANGE 28 EAST; THENCE RUN EASTERLY ALONG THE SAID NORTH
191LINE OF TOWNSHIP 10 SOUTH, RANGE 28 EAST TO THE POINT OF
192BEGINNING.
193ALSO THE CANAL 5A, DESCRIBED AS FOLLOWS:
194A STRIP OF LAND 60 FEET IN WIDTH BEING A PORTION OF THE
195GEO. I.F. CLARKE GRANT, LYING AND BEING IN SECTION 38,
196TOWNSHIP 9 SOUTH, RANGE 28 EAST, ST. JOHNS COUNTY, FLORIDA,
197SAID STRIP LYING 30.00 FEET ON EACH SIDE OF AND CONTIGUOUS
198WITH THE FOLLOWING DESCRIBED CENTERLINE:
199COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 38; THENCE
200RUN S 81°12'24" 87°12'24" E, ALONG THE SOUTH LINE OF SAID
201SECTION 38, FOR 30.01 FEET TO THE POINT OF BEGINNING OF THE
202FOLLOWING DESCRIBED CENTERLINE; THENCE RUN N 04°18'32" E,
203ALONG A LINE PARALLEL WITH AND 30.00 FEET EASTERLY OF THE
204WEST LINE OF SAID SECTION 38, FOR 2261.05 FEET; THENCE RUN
205N 54°03'48" E FOR 1118.15 FEET; THENCE RUN N 00°38'15" E
206FOR 395.40 FEET; THENCE RUN N 69°33'35" E FOR 236.03 FEET
207TO A POINT OF TERMINATION BEING ON THE WESTERLY LINE OF THE
208SIXTEEN MILE CREEK CANAL FOREBAY, AS DESCRIBED IN OFFICIAL
209RECORDS BOOK 224 AT PAGES 31 AND 32 OF THE PUBLIC RECORDS
210OF ST. JOHNS COUNTY, FLORIDA.
211CONTAINING 5.624 5.524 ACRES, MORE OR LESS.
212AND ALSO A 50 FOOT ROAD RIGHT OF WAY, DESCRIBED AS FOLLOWS:
213BEING PORTIONS OF SECTION 37, TOWNSHIP 10 SOUTH, RANGE 28
214EAST, AND SECTION 38, TOWNSHIP 9 SOUTH, RANGE 28 EAST, ST.
215JOHNS COUNTY, FLORIDA, AND BEING MORE FULLY DESCRIBED AS
216FOLLOWS:
217COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 37; THENCE
218S 85°45'20" E ALONG THE SOUTHERLY LINE OF SAID SECTION 37
219FOR 569.19 FEET TO THE SW CORNER OF PARCEL ONE, ACCORDING
220TO DEED BOOK 136, PAGE 63 OF THE PUBLIC RECORDS OF ST.
221JOHNS COUNTY, FLORIDA; THENCE S 84°01'14" E ALONG THE
222SOUTHERLY LINE OF SAID PARCEL ONE AND THE EASTERLY
223PROLONGATION THEREOF FOR 1615.34 1675.34 FEET TO THE
224NORTHEAST CORNER OF PARCEL 4, ACCORDING TO DEED BOOK 136,
225PAGE 64 OF THE PUBLIC RECORDS OF ST. JOHNS COUNTY, FLORIDA;
226THENCE S 85°12'38" E ALONG THE SOUTHERLY LINE OF SAID
227SECTION 37 FOR 300.00 FEET TO THE POINT OF BEGINNING OF THE
228HEREINAFTER DESCRIBED 50.00 FOOT ROAD RIGHT OF WAY; THE
229FOLLOWING EIGHT (8) COURSES BEING ALONG THE CENTERLINE OF
230THE 50.00 FOOT ROAD RIGHT OF WAY; (1) THENCE N 02°30'00" E
231FOR 180.00 FEET TO A POINT OF CURVATURE; (2) THENCE
232NORTHWESTERLY ALONG A 100.00 FOOT RADIUS CURVE LEADING TO
233THE LEFT THROUGH A CENTRAL ANGLE OF 87°30'00" FOR AN ARC OF
234152.72 FEET TO A POINT OF TANGENCY; (3) THENCE N 85°00'00"
235W FOR 700.00 FEET; (4) THENCE N 89°45'00" W, FOR 290.00
236FEET TO A POINT OF CURVATURE; (5) THENCE NORTHERLY ALONG A
237100.00 FOOT RADIUS CURVE LEADING TO THE RIGHT THROUGH A
238CENTRAL ANGLE OF 79°15'00" FOR AN ARC OF 138.32 FEET TO A
239POINT OF TANGENCY; (6) THENCE N 10°30'00" W FOR 515.00 FEET
240TO A POINT OF CURVATURE; (7) THENCE NORTHWESTERLY ALONG A
241100.00 FOOT RADIUS CURVE LEADING TO THE LEFT THROUGH A
242CENTRAL ANGLE OF 37°00'00' FOR AN ARC OF 64.58 FEET TO A
243POINT OF TANGENCY; (8) THENCE N 47°30'00" W FOR 120 FEET
244MORE OR LESS TO A POINT ON THE CENTERLINE OF AN EXISTING
245COUNTY ROAD, SAID POINT BEING ALSO THE POINT OF TERMINATION
246OF SAID 50 FOOT ROAD RIGHT OF WAY. THE SIDE LINES OF THE
247ABOVE DESCRIBED 50.00 FOOT WIDE ROAD RIGHT OF WAY ARE TO BE
248LENGTHENED OR SHORTENED AS MAY BE NECESSARY TO MAINTAIN A
24950.00 FOOT RIGHT OF WAY ALONG THE DESCRIBED CENTERLINE.
250ALL LYING AND BEING IN ST. JOHNS COUNTY, FLORIDA, AND
251CONTAINING 2.5 ACRES.
252     Section 2.  This act shall take effect upon becoming a law.


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