Senate Bill sb3078

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    Florida Senate - 2007        (NP)                      SB 3078

    By Senator Bennett





    21-2692-07

  1                      A bill to be entitled

  2         An act relating to the Manatee County Port

  3         Authority; amending chapter 2003-351, Laws of

  4         Florida; providing for the lease of sovereign

  5         submerged lands adjacent to the Port

  6         Authority's boundaries from the Board of

  7         Trustees of the Internal Improvement Trust

  8         Fund; defining the territorial boundaries of

  9         the submerged lands; providing for development

10         of a Port Master Plan; providing for acceptance

11         of the plan by the board of trustees; providing

12         for a determination that port projects within

13         the accepted plan are in the public interest;

14         providing an effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Subsection (15) is added to section 6 of

19  section 3 of chapter 2003-351, Laws of Florida, to read:

20         Section 3.  The Manatee County Port Authority is

21  re-created and reenacted to read:

22         Section 6.  Grant of powers.--The Port Authority, in

23  addition to any and all powers granted to it by section

24  315.03, Florida Statutes, other laws, general, local or

25  special, is hereby authorized and empowered:

26         (15)  To lease from the Board of Trustees of the

27  Internal Improvement Trust Fund (Board of Trustees) for a

28  period of 99 years, and have right of entry upon, any and all

29  submerged lands belonging to the State of Florida contained

30  within the area described in this subsection. Said submerged

31  lands may be leased to the Port Authority, subject to the

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    Florida Senate - 2007        (NP)                      SB 3078
    21-2692-07




 1  riparian rights of the respective owners of the adjacent

 2  uplands. Said submerged lands leased by the Port Authority may

 3  not be subleased by the Port Authority to any party or parties

 4  without authorization from the Board of Trustees and shall be

 5  used only for proper public and Port Authority purposes.

 6         (a)  The submerged lands that may be leased to the Port

 7  Authority comprise and include the territory described as

 8  follows:

 9  

10         Commence at the northeast corner sec. 1,

11         township 33 south, range 17, east thence N 89°

12         30' 22" W along the common line between Manatee

13         and Hillsborough counties a distance of 1642.84

14         for a point of beginning, thence continue for

15         89° 30' 22" W along said line a distance of

16         162.63 to a point lying +/- 100 westerly of

17         shore line, thence S 68° 00' 00" W a distance

18         of 7680.0' to a point northwest of shore line

19         of spoil island, thence continue of said line a

20         distance of 1315.0', thence S 26° 00' 00" E a

21         distance of 2500.0', thence S 51° 00' 00" E a

22         distance of 4776.0' to the intersection of the

23         shore line, said point lying +/- 100.0

24         southerly of Red Fish Creek, thence continue

25         along +/- MHWL N 76° 03' 53" E a distance of

26         81.92', thence N 54° 37' 19" W distance of

27         79.60, thence S 66° 09' 45" E a distance of

28         51.92', thence S 68° 45' 58" E distance of

29         57.69', thence N 14° 29' 51" E distance or

30         101.11', thence N 06° 24' 26" W a distance of

31         195.98', thence N 48° 04' 53" W distance of

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    Florida Senate - 2007        (NP)                      SB 3078
    21-2692-07




 1         166.06', thence, N 28° 20' 57" W distance

 2         194.77', thence N 66° 34' 24" W distance of

 3         265.74', thence continue at MHWL entering site

 4         7 N 34° 17' 49" W a distance of 50.72', thence

 5         N 01° 08' 23" W a distance of 50.70', thence N

 6         45° 10' 56" E a distance of 67.70', thence N

 7         08° 24' 59" E a distance of 132.72', thence N

 8         80° 06' 31" E a distance of 81.43', thence

 9         cont. around site 7 at MHWL N 88° 25' 22" E a

10         distance of 64.00', thence S 78° 56' 03" E a

11         distance of 70.58', thence N 83° 46' 11" E a

12         distance of 57.51', thence S 87° 22' 25" E a

13         distance of 297.08', thence S 56° 16' 40" E a

14         distance of 43.65', thence along easterly side

15         of site 7 N 59° 11' 15" E a distance of 51.l7',

16         thence N 52° 01' 16" E a distance of 49.53',

17         thence N 58° 31' 03" E a distance of 83.27'

18         thence N 51° 53' 44" E a distance of 45.91',

19         thence N 39°56'18" E a distance of 59.62',

20         thence cont. along easterly side of site 7 N

21         13° 58' 29" E a distance of 185.39', thence N

22         08° 06' 21" E a distance of 56.47', thence N

23         06° 45' 56" E a distance of 121.48' to the

24         point of curve, thence N 40° 48' 46" W on a

25         chord bearing to the point of tangent having

26         chord distance of 312.39' and having radius of

27         195.0', thence continue along the northerly

28         side of site 7 at the MHWL S 85° 57' 43" W a

29         distance of 144.95', thence S 88° 44' 05" W a

30         distance of 83.76', thence, N 82° 56' 37" W a

31         distance of 52.85', thence N 53° 59' 27" W a

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    Florida Senate - 2007        (NP)                      SB 3078
    21-2692-07




 1         distance of 169.86', thence S 74° 09' 29" W a

 2         distance of 38.95', thence S 42° 24' 26" W a

 3         distance of 200.54', thence N 89° 54' 24" W a

 4         distance of 37.22', thence N 32° 32' 32" W a

 5         distance of 185.15', thence S 71° 34' 35" W a

 6         distance of 201.21', thence S 47° 24' 18" W a

 7         distance of 38.59', thence S 84° 04' 21" W a

 8         distance of 103.95', thence N 25° 10' 43" E a

 9         distance of 344.7', thence S 67° 41' 13" E a

10         distance of 200.79', thence N 47° 03' 32" E a

11         distance of 269.39', thence N 49° 21' 58" E a

12         distance 107.11', thence N 11° 16' 37" E a

13         distance of 174.34', thence N 14° 07' 20" E a

14         distance of 283.42', thence N 25° 20' 31" E a

15         distance of 176.78', thence N 45° 17' 17" E a

16         distance of 194.89', thence N 36° 45' 42" E a

17         distance of 89.68', thence N 08° 12' 15" W a

18         distance of 401.86', thence S 30° 59' 55" W a

19         distance of 29.34', thence N 89° 30' 00" W a

20         distance of 87.98', thence N 06° 15' 00" E a

21         distance of 653.29', thence S 89° 29' 57" E a

22         distance of 405.26', thence N 31° 00' 19" E a

23         distance of 928.40', thence N 89° 30' 00" W a

24         distance of 795.99', thence N 06° 15' 00" E a

25         distance of 1306.57', thence S 89° 30 '00"E  a

26         distance of 245.24', thence S 41° 39' 46" E a

27         distance of 85.02', thence along MHWL N 84° 12'

28         36" E a distance of 75.70', thence N 84° 48'

29         41" E a distance of 60.12', thence N 85° 46'

30         08" E a distance of 31.01', thence N 81° 34'

31         07" E a distance of 124.11', thence N 71° 34'

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    Florida Senate - 2007        (NP)                      SB 3078
    21-2692-07




 1         19" E a distance of 125.95', thence N 69° 34'

 2         04" E a distance of 71.70', thence cont. along

 3         said MHWL S 83° 58' 50" E a distance of 91.76',

 4         thence S 77° 25' 10" E a distance of 66.90',

 5         thence S 89° 35' 54" E a distance of 65.91',

 6         thence N 74° 03' 21" E a distance of 85.96',

 7         thence cont. along MHWL on northerly side of

 8         Port Manatee S 87° 49' 54" E a distance of

 9         256.55', thence N 64° 08' 51" E a distance of

10         118.68', thence N 58° 51' 27" E a distance of

11         106.97', thence N 90° 00' 00" E a distance of

12         32.45', thence N 44° 26' 47" E a distance of

13         64.36', thence cont. along said MHWL between

14         Port Manatee and Piney Point N 22° 59' 12" E

15         distance of 122.33', thence N 32° 49' 10" E a

16         distance of 129.72', thence N 12° 31 '40" E a

17         distance of 38.19', thence N 24° 48' 58" E a

18         distance of 118.12', thence N 16° 25' 47" E a

19         distance of 107.89', thence N 23° 40' 54" E a

20         distance of 85.84', thence N 20° 16' 13" E a

21         distance of 77.45', thence N 06° 36' 22" E a

22         distance of 81.77', thence N 18° 56' 55" E a

23         distance of 212.48', thence N 40° 41' 40" E a

24         distance of 109.25', thence N 42° 46' 34" W a

25         distance 71.88', thence N 61° 43' 42" W a

26         distance of 365.29', thence cont. along said

27         MHWL S 09° 23' 40" W a distance of 84.26',

28         thence S 12° 07' 20" E a distance of 55.20',

29         thence S 38° 44' 27" E a distance of 119.03',

30         thence S 32° 18' 23" E a distance of 32.76',

31         thence S 46° 26' 41" E a distance of 58.05',

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    Florida Senate - 2007        (NP)                      SB 3078
    21-2692-07




 1         thence cont. along said MHWL S 33° 22' 22" E a

 2         distance of 28.20', thence S 11° 08' 57" E a

 3         distance of 55.95', thence S 04° 05' 31" W a

 4         distance of 47.24', thence S 81° 21' 03" W a

 5         distance of 25.28', thence N 50° 01' 51" W a

 6         distance of 21.98', thence N 03° 04' 16" E a

 7         distance of 30.46', thence N 40° 52' 58" W a

 8         distance of 24.28', thence N 73° 46' 50" E a

 9         distance of 20.59', thence N 01° 23' 18" W a

10         distance of 28.79', thence N 44° 20' 10" W a

11         distance of 106.02', thence N 52° 53' 48" W a

12         distance of 63.82', thence N 42° 13' 45" W a

13         distance of 61.71', thence N 14° 03' 11" W a

14         distance of 58.45', thence continued along said

15         MHWL N 53° 00' 29" W a distance of 28.33',

16         thence N 05° 52' 34" W a distance of 25.83',

17         thence N 23° 39' 27" E distance of 15.75',

18         thence N 00° 42' 19" W a distance of 62.69',

19         thence N 21° 33' 24" W a distance of 51.13',

20         thence cont. along MHWL said point lying on the

21         southerly side of Piney Point N 61° 44' 16" W a

22         distance of 40.30', thence N 80° 09' 19" W a

23         distance of 37.06', thence S 80° 27' 42" W a

24         distance of 31.65', thence N 67°  45' 37" W a

25         distance of 23.24', thence N 02° 11' 39" W a

26         distance of 13.62', thence S 61° 27' 37" E a

27         distance of 22.30', thence cont. along MHWL,

28         thence N 70° 09' 07" E a distance of 25.52',

29         thence N 54° 29' 37" E a distance of 134.04',

30         thence cont. along said MHWL point being most

31         northerly side of Piney Point N 88° 28' 44" E a

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    Florida Senate - 2007        (NP)                      SB 3078
    21-2692-07




 1         distance of 48.18', thence S 80° 19' 03" E a

 2         distance of 80.55', thence N 65° 09' 03" E a

 3         distance of 35.10', thence S 58° 23' 58" E a

 4         distance of 48.51', thence N 70° 36' 00" E a

 5         distance of 41.20', thence S 57° 37' 44" E a

 6         distance of 51.59', thence N 85° 40' 16" E a

 7         distance of 42.39', thence N 63° 49' 06" E a

 8         distance of 36.41', thence S 79° 53' 46" E a

 9         distance of 23.46', thence S 67° 11' 50" E a

10         distance of 65.33', thence S 87° 49' 35" E a

11         distance of 78.78', thence N 87° 44' 29" E a

12         distance of 66.56', thence N 69° 02' 32" E a

13         distance of 47.64', thence cont. along said

14         MHWL N 77° 48' 22" E a distance of 57.21',

15         thence N 72° 35' 46" E a distance of 57.61',

16         thence N 67° 51' 14" E a distance of 51.28',

17         thence N 01° 58' 56" E a distance of 48.64',

18         thence N 38° 40' 23" E a distance of 39.12',

19         thence N 90° 00' 00" E a distance of 22.22',

20         thence S 49° 14' 59" E a distance of 21.27',

21         thence S 37° 59' 05" E a distance of 28.88',

22         thence S 00° 39' 05" W a distance of 48.87',

23         thence cont. on said MHWL N 59° 13' 40" E a

24         distance of 30.39', thence N 70° 30' 22" E for

25         a distance of 28.29', thence N 14° 47' 20" E

26         for a distance of 31.24', thence N 28° 41' 51"

27         E a distance of 42.12', thence N 10° 00' 00" W

28         a distance of 41.84', thence N 56° 13' 32" E a

29         distance of 29.03', thence N 90° 00' 00" E a

30         distance of 30.69', thence S 01° 08' 47" E a

31         distance of 34.86', thence N 47° 30' 11" E a

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    Florida Senate - 2007        (NP)                      SB 3078
    21-2692-07




 1         distance of 56.76', thence N 33° 53' 58" E a

 2         distance of 56.27', thence N 70° 21' 17" E a

 3         distance of 31.10', thence cont. along said

 4         MHWL N 29° 48' 31" E a distance of 255.11',

 5         thence N 27° 27' 03" E a distance of 208.93',

 6         thence N 33° 23' 54" E a distance of 214.28',

 7         thence N 33° 17' 14" E a distance of 136.49',

 8         thence N 76° 02' 27" E a distance of 135.64',

 9         to the point of beginning.

10         (b)  Prior to obtaining a lease, the Port Authority

11  shall develop a Port Master Plan for the future development of

12  its upland facilities and use of the adjacent submerged lands.

13  The master plan shall be developed in coordination with the

14  Board of Trustees' staff and submitted to the Board of

15  Trustees within 6 months after the effective date of this act.

16  Upon acceptance of the master plan by the Board of Trustees,

17  port projects contained within the plan shall be deemed to be

18  in the public interest and the Board of Trustees shall process

19  any application by the Port Authority for a lease of the

20  submerged lands. Any lease application must otherwise comply

21  with all applicable provisions of chapter 253, Florida

22  Statutes, and rules adopted thereunder.

23         Section 2.  This act shall take effect upon becoming a

24  law.

25  

26  

27  

28  

29  

30  

31  

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