CS/HB 939

1	A bill to be entitled
2	An act relating to the City of West Palm Beach, Palm Beach
3	County; amending chapter 65-2381, Laws of Florida;
4	providing for the conveyance of title of certain submerged
5	lands from the Board of Trustees of the Internal
6	Improvement Trust Fund to the City of West Palm Beach;
7	defining the territorial boundaries of such submerged
8	lands; providing an effective date.
9
10	WHEREAS, the Legislature has recognized that there is an
11	important state interest in facilitating boating access to the
12	state's navigable waters, and
13	WHEREAS, the Legislature has declared that this access is
14	vital to recreational users and the marine industry in the
15	state, to maintaining or enhancing the $14 billion economic
16	impact of boating in the state, and to ensuring continued access
17	to all residents and visitors to the navigable waters of the
18	state, and
19	WHEREAS, the Legislature has recognized that there is an
20	important state interest in maintaining viable water-dependent
21	support facilities, such as boat hauling and repairing and
22	commercial fishing facilities, and in maintaining the
23	availability of public access to the navigable waters of the
24	state, and
25	WHEREAS, the Legislature has recognized that the waterways
26	of the state are important for engaging in commerce and the
27	transportation of goods and people upon such waterways and that
28	such commerce and transportation are not feasible unless there
29	is access to and from the navigable waters of the state through
30	recreational and commercial working waterfronts, and
31	WHEREAS, the City of West Palm Beach is expanding its city-
32	owned Palm Harbor Marina into an aesthetically pleasing and
33	accessible working waterfront, and
34	WHEREAS, West Palm Beach residents and visitors will have
35	access to the downtown waterfront community, including
36	waterfront concerts and other events, restaurants, shopping,
37	parks, educational water-related children's activities, canoe
38	and kayak activities, and mooring locations, and
39	WHEREAS, the City of West Palm Beach erected four piers and
40	dredged a boat basin between the piers and a channel from the
41	boat basin to the Intracoastal Waterway, and
42	WHEREAS, the Board of Trustees granted ownership of the
43	submerged lands directly under the piers to the City of West
44	Palm Beach but denied ownership of the surrounding dredged
45	areas, and
46	WHEREAS, the City of West Palm Beach and its citizens will
47	benefit from integrated management of the identified submerged
48	lands in order to complete and sustain the City Waterfront
49	Commons for the general public, NOW, THEREFORE,
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1.  Subsection (1) of section 1.04 of section 2 of
54	chapter 65-2381, Laws of Florida, is amended to read:
55	Section 1.04.  Enumerated powers.--The city shall have the
56	following enumerated powers, subject to the limitations set
57	forth herein:
58	(1)  To acquire and dispose of any type of property or
59	interest therein, within or without the city; and to receive
60	title to, right of entry upon, and the right to regulate the
61	improvement of any and all submerged lands belonging to the
62	State of Florida contained within the area designated in this
63	subsection. Such submerged lands are hereby conveyed and granted
64	to the City of West Palm Beach, for consideration of $1 from the
65	City of West Palm Beach to the Board of Trustees of the Internal
66	Improvement Trust Fund, subject to the riparian rights of the
67	respective owners of the uplands adjacent thereto. Such titles
68	and rights shall effectually and fully vest in said City of West
69	Palm Beach. No such submerged lands owned by the City of West
70	Palm Beach shall be sold or otherwise disposed of by the City of
71	West Palm Beach to any party or parties and shall only be used
72	for proper public and marina purposes. The submerged lands
73	conveyed and granted to the City of West Palm Beach shall
74	comprise and include the territory described as follows:
75
76	A portion of Section 22, Township 43 South, Range 43
77	East, Palm Beach County, Florida, more particularly
78	described as follows:
79
80	Commencing at the intersection of the centerline of
81	North Olive Avenue with the centerline of third
82	street; thence South 88°02'16" East, along said
83	centerline of Third Street, 452.49 feet to the
84	intersection of the centerline of Third Street with
85	the Easterly right-of-way line of Flagler Drive as now
86	established by the Office of the City Engineer; thence
87	Northerly, along said Easterly right-of-way line of
88	Flagler Drive, the following courses; North 75°46'04"
89	75°46'04" East, 10.00 feet to the Point of
90	Curvature of a curve concave Northeasterly, having a
91	radius of 845.14 feet, and whose center bears North
92	75°46'04" East; thence Northerly, along said curve,
93	through a central angle of 9°13'12", a distance of
94	136.00 feet to the Point of Tangency; thence North
95	5°00'04" West, 16.44 feet to the Point of Curvature of
96	a curve concave Easterly, and having a radius of
97	1291.33 feet; thence Northerly, along said curve,
98	through a central angle of 6°35'57", a distance of
99	148.73 feet to the Point of Tangency; thence north
100	01°35'13" East, 14.10 feet, thence South 88°24'47"

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