HB 1531

CS

CHAMBER ACTION

1	The Local Government Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the West Palm Beach Water Catchment
7	Area, Palm Beach County; amending chapter 67-2169, Laws of
8	Florida, as amended; revising the legal description of the
9	water catchment area; authorizing the licensing or
10	permitting of certain uses within the water catchment
11	area; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Sections 1 and 2 of chapter 67-2169, Laws of
16	Florida, as amended, are amended to read:
17	Section 1.  West Palm Beach Water Catchment area
18	described.--The following described lands in Palm Beach County,
19	Florida, owned by the City of West Palm Beach, Florida, form the
20	West Palm Beach water catchment area, to wit:
21
22	PARCEL ONE.
23
24	The South four hundred fifty feet (450') of the
25	Southwest quarter (SW 1/4) of Section one (1) in
26	Township forty-three South (43 S), Range forty-two
27	East (42 E), except right-of-way of Military Trail and
28	Haverhill Road.
29
30	PARCEL TWO.
31
32	The South four hundred fifty feet (450') of the
33	Southeast quarter (SE 1/4) and the entire Southwest
34	quarter (SW 1/4) of Section two (2) of Township forty-
35	three South (43 S), Range forty-two East (42 E),
36	except right-of-way for Haverhill Road subject,
37	however, to that certain easement from Model Land
38	Company to Florida Power and Light Company dated
39	September 16, 1931, to construct and operate power
40	lines on the East side of said property.
41
42	Said PARCEL TWO being also subject to 160 ft. width
43	electric power and communication line easement as
44	granted by West Palm Beach Water Company unto Florida
45	Power and Light company by right-of-way agreement
46	dated June 23, 1953, recorded in Deed Book 1023, page
47	680, Palm Beach County Public Records. (Less Right-of-
48	Way of Haverhill Road.)
49
50	PARCEL THREE.
51
52	The South half (S 1/2) of Section three (3), Township
53	forty-three South (43 S), Range forty-two East (42 E).
54
55	Less and except Jog Road extension described as
56	follows:
57
58	A parcel of land in Section three (3), Township forty-
59	three South (43 S), Range forty-two East (42 E), Palm
60	Beach County, Florida, more particularly described as
61	follows: Commence at the southeast corner of said
62	Section three (3); thence along the south line of said
63	Section three (3), N 88°43'44" W for 302.06 feet to
64	the West right-of-way line of Florida's Turnpike,
65	recorded in Circuit Court Minutes Book 68, page 204,
66	of the public records of Palm Beach County, Florida;
67	thence along said right-of-way line, N 01°54'17" E for
68	2,188.38 feet to the point of curvature of a curve
69	concave to the east, having a radius of 43,121.85
70	feet; thence northerly, along said curve and right-of-
71	way line to the right, through a central angle of
72	0°39'37" for 496.98 feet to the north line of the
73	South half (S 1/2) of said Section three (3); thence
74	along said north line, N 88°33'32" W for 215.90 feet
75	to a non-tangent curve, concave to the west, having a
76	radius of 885.00 feet, where a radial line bears S
77	71°58'11" W; thence southerly, along said curve to the
78	right, through a central angle of 19°56'06" for 307.92
79	feet to a point of tangency; thence S 01°54'17" W for
80	2,383.63 feet to the said south line of Section three
81	(3); thence along said south line, S 88°43'44" E for
82	160.01 feet to the Point of Beginning.
83
84	PARCEL FOUR.
85
86	The North four hundred fifty feet (450') of Section
87	eleven (11), Township forty-three 43 South (43 S),
88	Range forty-two 42 East (42 E), except right-of-way
89	for Haverhill Road.
90
91	PARCEL FIVE.
92
93	The North four hundred fifty feet (450') of Northwest
94	quarter (NW 1/4) of Section twelve (12), Township
95	forty-three South (43 S), Range forty-two East (42 E),
96	as conveyed to West Palm Beach Water Company by Model
97	Land Company's two deeds of July 12, 1944, recorded in
98	Deed Book 694, page 317, and Deed Book 694, page 319,
99	subject to right-of-way of Military Trail. (Less
100	Right-of-Way of Haverhill Road.)
101
102	Subject also to easement from Model Land Company to
103	Florida Power and Light Company dated September 16,
104	1931, to construct and operate power lines on west
105	side of said North half (N 1/2) of Northwest quarter
106	(NW 1/4) of said Section twelve (12). 12;
107
108	PARCEL SIX.
109
110	The North half (N 1/2) One-Half of the North half (N
111	1/2) One-Half of the Northwest quarter (NW 1/4) One-
112	Quarter of the Northeast quarter (NE 1/4) One-Quarter,
113	Section ten (10), Township forty-three South (43 S),
114	Range forty-two East (42 E).
115
116	PARCEL SEVEN.
117
118	All of Section seventeen (17) lying South of Seaboard
119	Air Line Railway, all of Sections eighteen (18),
120	nineteen (19) and twenty (20), all of Section twenty-
121	one (21) south of Seaboard Air Line Railway; all of
122	Sections twenty-eight (28), twenty-nine (29), thirty
123	(30), thirty-one (31), thirty-two (32) and thirty-
124	three (33), all being in Township forty-two (42) South
125	(42 S), Range forty-two East (42 E).
126
127	PARCEL EIGHT.
128
129	That part of South one-half (S 1/2) of Section sixteen
130	(16), Township forty-two (T 42) South (42 S), Range
131	forty-two (R 42) East (42 E), lying south and west of
132	right-of-way of Florida Western and Northern Railroad
133	Company as described in Deed Book 225, Page 160, of
134	Palm Beach County public records, now owned by
135	Seaboard Air Line Railroad Company.
136
137	Said PARCELS SEVEN and EIGHT being subject to easement
138	of Palm Beach County, Florida, for public road known
139	as Lake Park Road across said sections 16-17-18-19-20-
140	21.
141
142	Said Sections 17-18 in said PARCEL SEVEN being also
143	subject to agreement between West Palm Beach Water
144	Company and Palm Beach County by Deed of February 26,
145	1951, recorded in Deed Book 936, page 151, permitting
146	removal by said County of shell not exceeding 15 ft.
147	in depth by the present level of water from said land.
148
149	Part of said Section thirty-two (32) 32 of Township 42
150	South (42 S), Range 42 East (42 E) in said PARCEL
151	SEVEN being subject to an estate, for its his natural
152	life, in Ike Lee, with remainder to Model Land
153	Company, its successors and assigns, as described in
154	Indenture of August 21, 1942, between J.C. Bills, Jr.,
155	et als, parties of the first part, Ike Lee, party of
156	the second part, and Model Land Company, party of the
157	third part, recorded Deed Book 656, page 102, Public
158	Records, Palm Beach County, Florida.
159
160	PARCEL NINE.
161
162	All of Sections four (4), five (5), six (6), seven
163	(7), eight (8), nine (9), seventeen (17) and eighteen
164	(18), all being in Township forty-three (43) South (43
165	S), Range forty-two (42) East (42 E).
166
167	PARCEL TEN.
168
169	All of the following described lands:
170
171	Starting at the southeast corner of Section 4, T 43 S,
172	R 40 E, proceed westerly a distance of 329.57' more or
173	less to the point of beginning, said point being on
174	the north R/W line of the Central and Southern Florida
175	Flood Control District L-8 tie back canal. From said
176	point of beginning, proceed westerly a distance of
177	170.42' more or less to a point; thence proceed N 00°
178	05' 50" a distance of 339.29' more or less to a point;
179	thence proceed easterly a distance of 170' more or
180	less to a point; thence proceed N 00° 05' E a distance
181	of 1,203.89', more or less to a point; thence N 45° E
182	a distance of 467.50' more or less to a point on the
183	east line of Section 4, T 43 S, R 40 E; thence S 00°
184	05' W a distance of 354.16' more or less to a point;
185	thence S 45° 00' W a distance of 113.34' to a point;
186	thence S 00° 05' W a distance of 1,190.74' more or
187	less to a point on the North R/W line of the Central
188	and Southern Florida Flood Control District L-8 tie
189	back canal; thence S 45° 08' 50" E a distance of
190	352.64' to the point of beginning; all the above
191	described lands lying in section 4, T 43 S, R 40 E and
192	containing 10.83 acres, more or less.
193
194	Starting at the southwest corner of Section 3, T 43 S,
195	R 40 E proceed N 00° 05' E a distance of 1,430.16'
196	more or less to the point of beginning. From said
197	point of beginning proceed N 00° 05' E a distance of
198	354.16' more or less to a point; thence N 45° 00' E a
199	distance of 3,550.36' more or less, to a point on the
200	north line of Section 3, T 43 S, R 40 E; thence S 87°
201	46' E a distance of 340.54' more or less to a point;
202	thence S 45° 00' W a distance of 4,032.32' more or
203	less to the point of beginning. All of the above
204	described lands lie in Section 3, T 43 S, R 40 E and
205	contain 21.75 acres, more or less.
206
207	Starting at the southeast corner of Section 34, T 42
208	S, R 40 E proceed northerly a distance of 80' more or
209	less to the point of beginning; thence N 87° 46' W a
210	distance of 2,802.44' more or less, to a point; thence
211	S 45° 00' W a distance of 108.97', more or less to a
212	point on the south line of Section 34, T 42 S, R 40 E;
213	thence N 87° 46' W a distance of 340.54' more or less,
214	to a point; thence N 45° 00' E a distance of 449.51'
215	more or less to a point; thence S 87° 46' E a distance
216	of 2,902.00' more or less to a point; thence southerly
217	a distance of 250.19' more or less to the point of
218	beginning; said described lands containing 18.52 acres
219	more or less and lie wholly in Section 34, T 42 S, R
220	40 E.
221
222	Starting at the southwest corner of Section 35, T 42
223	S, R 40 E proceed northerly a distance of 80' more or
224	less, to the point of beginning; thence proceed
225	northerly a distance of 250' more or less to a point;
226	thence proceed S 87° 46' E a distance of 5,262.93'
227	more or less to a point; thence N 88° 37' E a distance
228	of 12.87' more or less to a point; thence proceed
229	southerly a distance of 250' more or less to a point;
230	thence proceed S 88° 37' W a distance of 3.12' more or
231	less to a point; thence proceed N 87° 46' W a distance
232	of 5,272.68' more or less to the point of beginning;
233	all above described lands lying in Section 35, T 42 S,
234	R 40 E and containing 30.2 acres, more or less.
235
236	Starting at the southwest corner of Section 36, T 42
237	S, R 40 E, proceed northerly a distance of 80' more or
238	less to the point of beginning; thence proceed
239	northerly a distance of 250' more or less to a point;
240	thence proceed N 88° 37' E a distance of 5,287.66'
241	more or less to the southwest corner of Section 31, T
242	42 S, R 41 E; thence proceed S 1° 41' W a distance of
243	250.11' more or less, to a point; thence proceed S 88°
244	37' W a distance of 5,281.62' more or less to the
245	point of beginning; the above described lands lying in
246	Section 36, T 42 S, R 40 E and containing 30.3 acres,
247	more or less.
248
249	Less and except that portion of Sections 35 and 36,
250	Township 42 South, Range 40 East, as described above,
251	that lie North of the following described line:
252
253	Commencing at the northwest corner of said Section 35;
254	thence S 00 05' 34" E, along the West line of said
255	Section 35, 5,205.17 feet to a point lying 82.04 feet
256	north of (as measured along said West line) the "Royal
257	Palm Beach Colony" south line of said Section 35 and
258	the Point of Beginning of the herein described line;
259	thence S 87 38' 00" E, 983.00 feet; thence S 87 51'
260	58" E, 3,082.46 feet; thence S 87 57' 41" E, 1,210.03
261	feet; thence N 88 43' 01" E, 7.93 feet to a point on
262	the East line of said Section 35, said point lying
263	57.90 feet north of (as measured along said East line)
264	the said south line of Section 35 also being the West
265	line of Section 36; thence continue N 88 43' 01" E,
266	779.85 feet; thence S 89 29' 30" E, 525.09 feet;
267	thence S 89 07' 06" E, 283.89 feet; thence N 88 39'
268	13" E, 2,494.69 feet; thence N 88 29' 15" E, 1,207.18
269	feet to a point on the East line of said Section 36,
270	said point lying 336.46 feet north of (as measured
271	along said East line) the said "Royal Palm Beach
272	Colony" south line of Section 36 and the Point of
273	Termination of the herein described line.
274
275	Said Sections are as shown on the M Canal R/W Map as
276	recorded in Road Plat Book 6, pages 136-141, Public
277	Records of Palm Beach County, Florida.
278
279	The north 250' of Section 6, T 43 S, R 41 E.
280
281	The north 250' of Section 5, T 43 S, R 41 E.
282
283	Beginning at the southwest corner of Section 33, T 42
284	S, R 41 E proceed N 59° 47' E a distance of 660' more
285	or less to a point; thence N 89° 47' E a distance of
286	4,720.0' more or less to a point on the east line of
287	said Section 33, said point being 330' more or less to
288	a point northerly from the southeast corner of said
289	section 33. From the above described point proceed
290	southerly a distance of 250' more or less to a point;
291	thence proceed S 89° 47' W a distance of 4,490.16'
292	more or less to a point; thence S 59° 47' W a distance
293	of 160' more or less to a point on the south line of
294	Section 33, T 42 S, R 41 E; thence S 89° 47' W a
295	distance of 661.58' more or less to the point of
296	beginning; all above described land lying in Section
297	33, T 42 S, R 41 E, containing 29.5 acres, more or
298	less.
299
300	Beginning at the northwest corner of Section 4, T 43
301	S, R 41 E proceed N 89° 47' E a distance of 661.58'
302	more or less to a point; thence S 59° 47' W a distance
303	of 500' more or less to a point; thence S 89° 47' W a
304	distance of 229.51' more or less to a point on the
305	west line of said Section 4; thence northerly a
306	distance of 250' more or less to the point of
307	beginning; all above described land lying in Section
308	4, T 43 S, R 41 E, containing 2.57 acres more or less.
309	The south 330' of Section 34, T 42 S, R 41 E less the
310	south 80' thereof, containing 30.36 acres, more or
311	less.
312
313	The south 330' of Section 35, T 42 S, R 41 E less the
314	south 80' thereof, containing 30.36 acres, more or
315	less.
316
317	The south 330' of Section 36, T 42 S, R 41 E less the
318	south 80' thereof, containing 30.36 acres, more or
319	less (less R/W of State Road 7).
320
321	Section 2.  Uses.--It shall be mandatory that the City of
322	West Palm Beach retain in perpetuity full ownership and control
323	and shall not lease or grant any license for any part of the
324	water catchment area which is inconsistent with water supply,
325	environmental, educational, or conservation purposes, including,
326	but not limited to, environmental mitigation. No use of the
327	water catchment area shall be made by the city which is
328	inconsistent with water supply, environmental, educational, or
329	conservation purposes, which purposes include, but are not
330	limited to, environmental mitigation purposes. The City of West
331	Palm Beach may grant licenses permitting the construction,
332	installation, maintenance, and removal of crossings above,
333	below, and across the M-Canal by water, wastewater, gas, or
334	other utility pipes and electric or other utility lines and for
335	the construction, expansion, extension, relocation, and
336	maintenance of government roadways across the M-Canal, provided
337	such crossings are not inconsistent with the uses established in
338	this section and such crossings are not inconsistent with this
339	act or applicable laws and regulations governing Class I potable
340	water supplies and the water catchment area.
341	Section 2.  This act shall take effect upon becoming a law.

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