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