| 1 | A bill to be entitled |
| 2 | An act relating to Flagler Estates Road and Water Control |
| 3 | District, St. Johns County; amending chapter 98-529, Laws |
| 4 | of Florida; providing additional powers of the district to |
| 5 | construct, operate, maintain, repair, and replace works |
| 6 | and improvements necessary to execute the district's water |
| 7 | control plan; providing that the district may collect fees |
| 8 | for connection to and use of the works of the district; |
| 9 | specifying applicability of certain general law; revising |
| 10 | district boundaries; providing an effective date. |
| 11 |
|
| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
|
| 14 | Section 1. Sections 1 and 3 of section 4 of chapter 98- |
| 15 | 529, Laws of Florida, are amended to read: |
| 16 | Section 1. Powers and authority.-- |
| 17 | (1) The drainage district originally was empowered to |
| 18 | accept and maintain drainage improvements already in existence |
| 19 | and to operate pursuant to the general drainage laws of chapter |
| 20 | 298, Florida Statutes. In addition to the powers provided for in |
| 21 | chapter 298, Florida Statutes, in 1981 the district was granted |
| 22 | the power to maintain roadways and roads necessary and |
| 23 | convenient for the exercise of the powers or duties or any of |
| 24 | the powers or duties of said district; and in furtherance of the |
| 25 | purposes and intent of chapter 298, Florida Statutes, to |
| 26 | maintain streets, roadways, and roads necessary and convenient |
| 27 | to provide access to and efficient development of areas made |
| 28 | suitable and available for cultivation and settlement, urban and |
| 29 | suburban, and other beneficial use and development as a result |
| 30 | of the drainage, irrigation, and reclamation operations of the |
| 31 | district for the lands only within the boundaries of the |
| 32 | district situated in St. Johns John's County. This road |
| 33 | authority geographically was expanded in 1982 to include the |
| 34 | lands within the boundaries of the district situated in Flagler |
| 35 | County as well as a component of the district's road maintenance |
| 36 | authority within the district boundaries. This authority was is |
| 37 | hereby specified to include, but not be limited to, street |
| 38 | lighting, road striping, reconstruction, and any other safety |
| 39 | features or improvements customary to a modern road system. |
| 40 | (2) In addition to the foregoing power and authority, the |
| 41 | district shall have full power and authority to construct, |
| 42 | operate, maintain, repair, and replace any and all works and |
| 43 | improvements necessary to execute the district's water control |
| 44 | plan, including all power and authority conferred by chapter |
| 45 | 298, Florida Statutes. The works of the district include, |
| 46 | without limitation, all waterways, water control structures, |
| 47 | equipment, facilities, real property interests, roads, streets, |
| 48 | lighting, and appurtenant facilities owned, operated, or |
| 49 | maintained by the district or included in the district water |
| 50 | control plan. |
| 51 | (3) Notwithstanding any provision of law to the contrary |
| 52 | and pursuant to section 298.22(8), (9), and (10), Florida |
| 53 | Statutes, the district is authorized: |
| 54 | (a) To adopt resolutions and policies implementing all |
| 55 | purposes of this act, including specification of conditions |
| 56 | related to comprehensive water control activities necessary to |
| 57 | ensure the proper operation of the water control plan and |
| 58 | protection of district landowners, including flood protection, |
| 59 | water quantity, and water quality management conditions, that |
| 60 | may be imposed upon any person or entity within or outside the |
| 61 | district boundary with a connection or application for a |
| 62 | connection to district works. |
| 63 | (b) To collect reasonable fees for any connections to |
| 64 | district works which may cover costs of the connection and |
| 65 | continuing operational costs of the district water control plan |
| 66 | caused by the connection and discharge of surface waters through |
| 67 | the works of the district. |
| 68 | (4) Pursuant to this section, the Hastings Drainage |
| 69 | District and the Flagler Estates Road and Water Control District |
| 70 | may enter into an interlocal agreement which may incorporate |
| 71 | district policies and conditions for cooperative operation of |
| 72 | interconnected water control facilities. |
| 73 | (5) Surplus real property owned by the district can be |
| 74 | made available to the public for passive use and the district is |
| 75 | authorized to enter into lease or interlocal agreements with |
| 76 | other governmental entities for the operation and/or maintenance |
| 77 | of such passive use areas within the district boundaries. |
| 78 | Section 3. Boundaries.--The district boundaries originally |
| 79 | were established in the Final Judgment Incorporating the |
| 80 | Drainage District by the Seventh Judicial Circuit Court, St. |
| 81 | Johns County, Florida, on June 4, 1971, as recorded in O.R. 194, |
| 82 | page 344, Public Records of St. Johns County, Florida, in Case # |
| 83 | 2154 and as subsequently extended by Order of the Seventh |
| 84 | Judicial Circuit Court, St. Johns County, Florida, on August 16, |
| 85 | 1972, as recorded in O.R. 194, page 344, and O.R. 224, page 26, |
| 86 | Public Records of St. Johns County, Florida, in Case # 2154. |
| 87 | Several Special Acts further adjusted the district boundaries. |
| 88 | Section 2 of chapter 81-481, Laws of Florida, extended district |
| 89 | boundaries into St. Johns County; section 3 of chapter 81-481, |
| 90 | Laws of Florida, removed lands from Hastings Drainage District; |
| 91 | section 2 of chapter 82-294, Laws of Florida, extended district |
| 92 | boundaries in Flagler County; and chapter 89-505, Laws of |
| 93 | Florida, reduced the size of the district in St. Johns County, |
| 94 | and chapter 2000-479, Laws of Florida, removed Flagler County |
| 95 | from the jurisdiction of the district. The consolidated legal |
| 96 | description of the boundaries of the district is: |
| 97 |
|
| 98 | THAT PORTION OF TOWNSHIP 10 SOUTH, RANGE 28 EAST, |
| 99 | LYING AND BEING IN ST. JOHNS COUNTY AND FLAGLER |
| 100 | COUNTIES, FLORIDA, DESCRIBED AS FOLLOWS: |
| 101 | BEGIN AT THE NORTHEAST CORNER OF SAID TOWNSHIP 10 |
| 102 | SOUTH, RANGE 28 EAST; THENCE RUN SOUTHERLY ALONG THE |
| 103 | EAST LINE OF SAID TOWNSHIP 10 SOUTH, RANGE 28 EAST TO |
| 104 | THE SOUTHERN BOUNDARY OF ST JOHNS COUNTY; THENCE RUN |
| 105 | WESTERLY ALONG THE SAID SOUTHERN BOUNDARY OF ST JOHNS |
| 106 | COUNTY SOUTHEAST CORNER OF SECTION 24; THENCE RUN |
| 107 | WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 24 TO |
| 108 | THE NORTHEAST CORNER OF SECTION 26; THENCE RUN |
| 109 | SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 26 TO |
| 110 | THE NORTHERLY RIGHT OF WAY LINE OF THE FLORIDA EAST |
| 111 | COAST RAILROAD; THENCE RUN NORTHWESTERLY ALONG SAID |
| 112 | NORTHERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST |
| 113 | RAILROAD TO THE SOUTH LINE OF SECTION 22; THENCE RUN |
| 114 | WESTERLY ALONG THE SAID SOUTH LINE OF SECTION 22 TO |
| 115 | THE SOUTHWEST CORNER THEREOF; THENCE RUN NORTHERLY |
| 116 | ALONG THE WEST LINE OF SAID SECTION 22 TO THE SAID |
| 117 | NORTHERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST |
| 118 | RAILROAD; THENCE RUN NORTHWESTERLY ALONG THE SAID |
| 119 | NORTHERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST |
| 120 | RAILROAD TO THE WEST LINE OF THE EAST 1/2 OF THE |
| 121 | NORTHWEST 1/4 OF SECTION 21; THENCE RUN NORTHERLY ALONG |
| 122 | THE SAID WEST LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4 |
| 123 | TO THE SOUTH LINE OF SECTION 16; THENCE RUN WESTERLY |
| 124 | ALONG THE SAID SOUTH LINE OF SECTION 16 TO THE |
| 125 | SOUTHEAST CORNER OF SECTION 17 OF SAID TOWNSHIP 10 |
| 126 | SOUTH, RANGE 28 EAST; THENCE RUN WESTERLY ALONG THE |
| 127 | SOUTH LINE OF SAID SECTION 17 TO THE SOUTHWEST CORNER |
| 128 | OF THE EAST 1/4 OF SAID SECTION 17; THENCE RUN |
| 129 | NORTHERLY ALONG THE WEST LINE OF THE EAST 1/4 OF SAID |
| 130 | SECTION 17 AND ALONG THE WEST LINE OF THE EAST 1/4 OF |
| 131 | SECTION 8 TO THE NORTH LINE OF SAID SECTION 8; THENCE |
| 132 | RUN EASTERLY ALONG THE NORTH LINE OF SAID SECTION 8 |
| 133 | AND ALONG THE NORTH LINE OF SECTION 9 TO THE SOUTHWEST |
| 134 | CORNER OF SECTION 3; THENCE RUN NORTHERLY ALONG THE |
| 135 | WEST LINE OF SAID SECTION 3 TO THE NORTHWEST CORNER OF |
| 136 | U.S. GOVERNMENT LOT 3 OF SAID SECTION 3; THENCE RUN |
| 137 | EASTERLY ALONG THE NORTH LINES OF U.S. GOVERNMENT LOTS |
| 138 | 3 AND 4 OF SAID SECTION 3 TO THE NORTHEAST CORNER OF |
| 139 | SAID LOT 4; THENCE RUN S 0°12'38" E FOR A DISTANCE OF |
| 140 | 12.54 FEET; THENCE RUN S 88°27'38" E FOR A DISTANCE OF |
| 141 | 363.00 FEET; THENCE RUN N 5°12'38" W FOR A DISTANCE OF |
| 142 | 458 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF THE |
| 143 | GEO. I.F. CLARKE GRANT, SECTION 37; THENCE RUN |
| 144 | EASTERLY ALONG SAID SOUTHERLY LINE OF THE GEO. I.F. |
| 145 | CLARKE GRANT FOR A DISTANCE OF 824.99 FEET TO THE RUN |
| 146 | OF SIXTEENMILE DEEP CREEK; THENCE RUN N 18°58'00" E |
| 147 | FOR A DISTANCE OF 188.11 FEET TO THE POINT OF |
| 148 | CURVATURE OF A CIRCULAR CURVE LEADING TO THE LEFT, |
| 149 | HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 16°46'00" |
| 150 | 16°46'00" AND A RADIUS OF 300.00 FEET; THENCE RUN |
| 151 | NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE |
| 152 | OF 87.79 FEET TO THE POINT OF TANGENCY; THENCE RUN N |
| 153 | 2°12'00" E FOR A DISTANCE OF 302.93 FEET TO A POINT OF |
| 154 | CURVATURE OF A CIRCULAR CURVE LEADING TO THE LEFT, |
| 155 | HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 82°00'00" |
| 156 | 82°00'00" AND A RADIUS OF 200.00 FEET; THENCE RUN |
| 157 | NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE |
| 158 | OF 286.23 FEET TO THE POINT OF TANGENCY; THENCE RUN N |
| 159 | 79°48'00" W FOR A DISTANCE OF 245.34 FEET TO A POINT: |
| 160 | THENCE RUN S 50°11'17" W FOR A DISTANCE OF 343.96 FEET |
| 161 | TO A POINT; THENCE RUN N 45°05'48" W FOR A DISTANCE OF |
| 162 | 82.01 FEET TO A POINT; THENCE RUN S 44°19'22" W FOR A |
| 163 | DISTANCE OF 40.37 FEET TO A POINT; THENCE RUN N |
| 164 | 41°15'00" W FOR A DISTANCE OF 733.53 FEET TO A POINT |
| 165 | OF CURVATURE OF A CIRCULAR CURVE LEADING TO THE LEFT, |
| 166 | HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 27°16'00" |
| 167 | 27°16'00" AND A RADIUS OF 100.00 FEET; THENCE RUN |
| 168 | NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE |
| 169 | OF 47.59 FEET TO THE POINT OF TANGENCY; THENCE RUN N |
| 170 | 68°31'00" W FOR A DISTANCE OF 377.79 FEET TO A POINT |
| 171 | OF CURVATURE OF A CIRCULAR CURVE LEADING TO THE RIGHT, |
| 172 | HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 59°20'00" |
| 173 | 59°20'00" AND A RADIUS OF 100.00 FEET; THENCE RUN |
| 174 | NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE |
| 175 | OF 103.56 FEET TO THE POINT OF TANGENCY; THENCE RUN N |
| 176 | 9°11'00" W FOR A DISTANCE OF 569.04 FEET TO A POINT; |
| 177 | THENCE RUN N 3°34'00" W FOR A DISTANCE OF 2177.00 FEET |
| 178 | TO A POINT OF CURVATURE OF A CIRCULAR CURVE LEADING TO |
| 179 | THE RIGHT, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF |
| 180 | 97°13'00" AND A RADIUS OF 48.48 FEET; THENCE RUN |
| 181 | NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE |
| 182 | OF 82.86 FEET TO THE POINT OF TANGENCY; THENCE RUN S |
| 183 | 86°21'00" E FOR A DISTANCE OF 55.00 FEET TO A POINT; |
| 184 | THENCE RUN N 7°54'00" E FOR A DISTANCE OF 1123.57 FEET |
| 185 | TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF COUNTY |
| 186 | ROAD 13; THENCE RUN ALONG THE SOUTH RIGHT OF WAY LINE |
| 187 | OF SAID COUNTY ROAD 13 FOR A DISTANCE OF 578.44 FEET |
| 188 | TO A POINT; THENCE RUN S 41°27'41" E FOR A DISTANCE OF |
| 189 | 133.83 FEET TO A POINT OF CURVATURE OF A CIRCULAR |
| 190 | CURVE LEADING TO THE RIGHT, HAVING FOR ITS ELEMENTS A |
| 191 | CENTRAL ANGLE OF 33°52'41" AND A RADIUS OF 100.00 |
| 192 | FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE |
| 193 | FOR A DISTANCE OF 39.13 FEET TO THE POINT OF TANGENCY; |
| 194 | THENCE RUN S 7°35'00" E FOR A DISTANCE OF 2058.07 FEET |
| 195 | TO A POINT OF CURVATURE OF A CIRCULAR CURVE LEADING TO |
| 196 | THE RIGHT, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF |
| 197 | 26°48'00" AND A RADIUS OF 420.00 FEET; THENCE RUN |
| 198 | SOUTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE |
| 199 | OF 196.45 FEET TO THE POINT OF TANGENCY; THENCE RUN S |
| 200 | 19°13'00" W FOR A DISTANCE OF 502.38 FEET TO A POINT |
| 201 | OF CURVATURE OF A CIRCULAR CURVE LEADING TO THE LEFT, |
| 202 | HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 64°29'00" |
| 203 | 64°29'00" AND A RADIUS OF 80.00 FEET; THENCE RUN |
| 204 | SOUTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE |
| 205 | OF 80.04 FEET TO THE POINT OF TANGENCY; THENCE RUN S |
| 206 | 45°16'00" E FOR A DISTANCE OF 577.38 FEET TO A POINT |
| 207 | OF CURVATURE OF A CIRCULAR CURVE LEADING TO THE RIGHT, |
| 208 | HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 12°37'59" |
| 209 | 12°37'59" AND A RADIUS OF 720.00 FEET; THENCE RUN |
| 210 | SOUTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE |
| 211 | OF 158.75 FEET TO THE POINT OF TANGENCY; THENCE RUN S |
| 212 | 32°38'01" E FOR A DISTANCE OF 850.29 FEET TO A POINT |
| 213 | ON THE NORTHERLY LINE OF SAID TOWNSHIP 10 SOUTH, RANGE |
| 214 | 28 EAST; THENCE RUN NORTHERLY DOWN THE RUN OF SAID |
| 215 | DEEP CREEK TO THE NORTH LINE OF TOWNSHIP 10 SOUTH, |
| 216 | RANGE 28 EAST; THENCE RUN EASTERLY ALONG THE SAID |
| 217 | NORTH LINE OF TOWNSHIP 10 SOUTH, RANGE 28 EAST TO THE |
| 218 | POINT OF BEGINNING. |
| 219 | ALSO THE CANAL 5A, DESCRIBED AS FOLLOWS: |
| 220 | A STRIP OF LAND 60 FEET IN WIDTH BEING A PORTION OF |
| 221 | THE GEO. I.F. CLARKE GRANT, LYING AND BEING IN SECTION |
| 222 | 38, TOWNSHIP 9 SOUTH, RANGE 28 EAST, ST. JOHNS COUNTY, |
| 223 | FLORIDA, SAID STRIP LYING 30.00 FEET ON EACH SIDE OF |
| 224 | AND CONTIGUOUS WITH THE FOLLOWING DESCRIBED |
| 225 | CENTERLINE: |
| 226 | COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 38; |
| 227 | THENCE RUN S 81°12'24" 87°12'24" E, ALONG THE SOUTH |
| 228 | LINE OF SAID SECTION 38, FOR 30.01 FEET TO THE POINT |
| 229 | OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERLINE; |
| 230 | THENCE RUN N 04°18'32" E, ALONG A LINE PARALLEL WITH |
| 231 | AND 30.00 FEET EASTERLY OF THE WEST LINE OF SAID |
| 232 | SECTION 38, FOR 2261.05 FEET; THENCE RUN N 54°03'48" E |
| 233 | FOR 1118.15 FEET; THENCE RUN N 00°38'15" E FOR 395.40 |
| 234 | FEET; THENCE RUN N 69°33'35" E FOR 236.03 FEET TO A |
| 235 | POINT OF TERMINATION BEING ON THE WESTERLY LINE OF THE |
| 236 | SIXTEEN MILE CREEK CANAL FOREBAY, AS DESCRIBED IN |
| 237 | OFFICIAL RECORDS BOOK 224 AT PAGES 31 AND 32 OF THE |
| 238 | PUBLIC RECORDS OF ST. JOHNS COUNTY, FLORIDA. |
| 239 | CONTAINING 5.624 5.524 ACRES, MORE OR LESS. |
| 240 | AND ALSO A 50 FOOT ROAD RIGHT OF WAY, DESCRIBED AS |
| 241 | FOLLOWS: |
| 242 | BEING PORTIONS OF SECTION 37, TOWNSHIP 10 SOUTH, RANGE |
| 243 | 28 EAST, AND SECTION 38, TOWNSHIP 9 SOUTH, RANGE 28 |
| 244 | EAST, ST. JOHNS COUNTY, FLORIDA, AND BEING MORE FULLY |
| 245 | DESCRIBED AS FOLLOWS: |
| 246 | COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 37; |
| 247 | THENCE S 85°45'20" E ALONG THE SOUTHERLY LINE OF SAID |
| 248 | SECTION 37 FOR 569.19 FEET TO THE SW CORNER OF PARCEL |
| 249 | ONE, ACCORDING TO DEED BOOK 136, PAGE 63 OF THE PUBLIC |
| 250 | RECORDS OF ST. JOHNS COUNTY, FLORIDA; THENCE S |
| 251 | 84°01'14" E ALONG THE SOUTHERLY LINE OF SAID PARCEL |
| 252 | ONE AND THE EASTERLY PROLONGATION THEREOF FOR 1615.34 |
| 253 | 1675.34 FEET TO THE NORTHEAST CORNER OF PARCEL 4, |
| 254 | ACCORDING TO DEED BOOK 136, PAGE 64 OF THE PUBLIC |
| 255 | RECORDS OF ST. JOHNS COUNTY, FLORIDA; THENCE S |
| 256 | 85°12'38" E ALONG THE SOUTHERLY LINE OF SAID SECTION |
| 257 | 37 FOR 300.00 FEET TO THE POINT OF BEGINNING OF THE |
| 258 | HEREINAFTER DESCRIBED 50.00 FOOT ROAD RIGHT OF WAY; |
| 259 | THE FOLLOWING EIGHT (8) COURSES BEING ALONG THE |
| 260 | CENTERLINE OF THE 50.00 FOOT ROAD RIGHT OF WAY; (1) |
| 261 | THENCE N 02°30'00" E FOR 180.00 FEET TO A POINT OF |
| 262 | CURVATURE; (2) THENCE NORTHWESTERLY ALONG A 100.00 |
| 263 | FOOT RADIUS CURVE LEADING TO THE LEFT THROUGH A |
| 264 | CENTRAL ANGLE OF 87°30'00" FOR AN ARC OF 152.72 FEET |
| 265 | TO A POINT OF TANGENCY; (3) THENCE N 85°00'00" W FOR |
| 266 | 700.00 FEET; (4) THENCE N 89°45'00" W, FOR 290.00 FEET |
| 267 | TO A POINT OF CURVATURE; (5) THENCE NORTHERLY ALONG A |
| 268 | 100.00 FOOT RADIUS CURVE LEADING TO THE RIGHT THROUGH |
| 269 | A CENTRAL ANGLE OF 79°15'00" FOR AN ARC OF 138.32 FEET |
| 270 | TO A POINT OF TANGENCY; (6) THENCE N 10°30'00" W FOR |
| 271 | 515.00 FEET TO A POINT OF CURVATURE; (7) THENCE |
| 272 | NORTHWESTERLY ALONG A 100.00 FOOT RADIUS CURVE LEADING |
| 273 | TO THE LEFT THROUGH A CENTRAL ANGLE OF 37°00'00' FOR |
| 274 | AN ARC OF 64.58 FEET TO A POINT OF TANGENCY; (8) |
| 275 | THENCE N 47°30'00" W FOR 120 FEET MORE OR LESS TO A |
| 276 | POINT ON THE CENTERLINE OF AN EXISTING COUNTY ROAD, |
| 277 | SAID POINT BEING ALSO THE POINT OF TERMINATION OF SAID |
| 278 | 50 FOOT ROAD RIGHT OF WAY. THE SIDE LINES OF THE ABOVE |
| 279 | DESCRIBED 50.00 FOOT WIDE ROAD RIGHT OF WAY ARE TO BE |
| 280 | LENGTHENED OR SHORTENED AS MAY BE NECESSARY TO |
| 281 | MAINTAIN A 50.00 FOOT RIGHT OF WAY ALONG THE DESCRIBED |
| 282 | CENTERLINE. |
| 283 | ALL LYING AND BEING IN ST. JOHNS COUNTY, FLORIDA, AND |
| 284 | CONTAINING 2.5 ACRES. |
| 285 | Section 2. This act shall take effect upon becoming a law. |