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Home My WebLink About11-023ORDINANCE NO. 11-023 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA PERTAINING TO THE SUNLAND GARDENS STREET LIGHTING DISTRICT; AMENDING AND RESTATING ORDINANCE NO. 77-3; DESCRIBING THE REAL PROPERTY COMPRISING THE SUNLAND GARDENS STREET LIGHTING DISTRICT; PROVIDING THAT THE BOUNDARY OF THE DISTRICT MAY BE REVISED IN THE FUTURE BY RESOLUTION; PROVIDING THAT THE APPORTIONMENT METHODOLOGY FOR SPECIAL ASSESSMENTS LEVIED UPON REAL PROPERTY WITHIN THE DISTRICT TO FUND THE STREET LIGHTING SERVICES AND RELATED EXPENSES SHALL BE PROVIDED FOR BY RESOLUTION; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR NON CODIFICATION; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County"), has made the following determinations: 1. The Sunland Gardens Street Lighting District (the "District") was created by County Ordinance No. 77-3 (including any amendments thereto, the "Ordinance") for purposes of providing for the delivery of street lighting services within the boundaries of the District and the funding of such services through the imposition of special assessments levied upon real property located therein. 2. The Board deems it advisable to amend and restate the Ordinance to set forth a description of the real property comprising the District, to provide that the District boundary may be revised in the future by resolution and to provide that the apportionment methodology for special assessments levied upon real property within the District to fund the street lighting services shall be as provided by resolution. 3 Article VIII, section 1 of the Florida Constitution and Sections 125.01 and 125.66, Florida Statutes, grant to the Board all powers of local self-government to perform county functions and to render services for county purposes in a manner not inconsistent with general or special law approved by vote of the electors, and such power may be exercised by the enactment of county ordinances. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3611329 07/20/2011 at 03:34 PM 1 OR BOOK 3309 PAGE 1819 - 1824 Doc Type: ORDN RECORDING: $52.50 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: SECTION 1. AMENDMENT AND RESTATEMENT OF ORDINANCE. County Ordinance No. 77-3, including any amendments thereto, is hereby amended and restated in its entirety by this ordinance. SECTION 2. ESTABLISHMENT OF THE DISTRICT. The establishment and creation of the Sunland Gardens Street Lighting District is hereby ratified and confirmed. The District has been created for purposes of providing for the delivery of street lighting services within the boundaries of the District and the funding of such services through the imposition of special assessments levied upon real property located therein SECTION 3. BOUNDARIES OF THE DISTRICT. (A) The District is described as follows: DESCRIPTION: SUNLAND GARDENS LIGHTING DISTRICT MSBU A PARCEL OF LAND LYING IN SECTIONS 5 AND 6, T-35-S, R-40-E, ST. LUCIE COUNTY FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BLOCKS 1 THRU 32 OF THE PLAT OF SUNLAND GARDENS AS RECORDED IN PLAT BOOK 8 AT PAGE 32 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH BLOCKS 33 THRU 36 OF PLAT NO. 2 OF SUNLAND GARDENS AS RECORDED IN PLAT BOOK 9 AT PAGE 54 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH BLOCKS 37 THRU 44 OF PLAT NO. 3 OF SUNLAND GARDENS AS RECORDED IN PLAT BOOK 9 AT PAGE 67 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH LOTS 1 THRU 8, BLOCK 1 OF THE PLAT OF SABAL PALM AS RECORDED IN PLAT BOOK 10 AT PAGE 16 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; 2 TOGETHER WITH LOTS 1 THRU 12, BLOCK A OF THE PLAT OF SUMNER HEIGHTS AS RECORDED IN PLAT BOOK 5 AT PAGE 12 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH LOTS 1 THRU 7, BLOCK 4 OF THE PLAT OF SUNLAND GARDENS ADDITION AS RECORDED IN PLAT BOOK 8 AT PAGE 49 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH A PARCEL OF LAND DESCRIBED AND RECORDED IN ORB 512, PAGE 558 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; "FROM THE SOUTHWEST CORNER OF LOT 104, GARDEN CITY FARMS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 5, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, RUN THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 104, A DISTANCE OF 25 FEET, THENCE NORTH ALONG A LINE PARALLEL WITH THE WEST LINE OF LOT 104, A DISTANCE OF 106.72 FEET, TO A POINT OF BEGINNING,THENCE CONTINUE NORTH, A DISTANCE OF 198.42 FEET TO A POINT 25 FEET SOUTH OF THE NORTH LINE OF SAID LOT 104,THENCE EAST PARALLEL WITH THE NORTH LINE OF LOT 104, A DISTANCE OF 150 FEET,TO A POINT, THENCE SOUTH A DISTANCE OF 170.8 FEET, TO A POINT, THENCE SOUTHERLY 152.5 FEET, MORE OR LESS, TO THE POINT OF BEGINNING." TOGETHER WITH A PARCEL OF LAND DESCRIBED AND RECORDED IN ORB 721, PAGE 512 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; "THE NORTH 135 FEET OF THE FOLLOWING DESCRIBED PROPERTY: FROM A POINT MIDWAY BETWEEN THE ADJACENT CORNERS OF LOTS 90, 91, 102 AND 103 OF GARDEN CITY FARMS IN SECTION 5, TOWNSHIP 35 SOUTH, RANGE 40 EAST, RUN EAST ALONG A LINE PARALLEL TO THE NORTH LINE OF LOT 102 OF SAID GARDEN CITY FARMS, A DISTANCE OF 150 FEET, THENCE RUN SOUTH ALONG A LINE PARALLEL WITH THE WEST LINE OF LOT 102 A DISTANCE OF 30 FEET TO A POINT OF BEGINNING. THENCE RUN EAST PARALLEL WITH THE NORTH LINE OF LOT 102 A DISTANCE OF 277.65 FEET, THENCE RUB WEST WITH A FORWARD ANGLE TO THE RIGHT OF 88 DEGREES 09 MINUTES 30 SECONDS, A DISTANCE OF 240.12 FEET, THENCE RUN NORTH TO THE POINT OF BEGINNING." TOGETHER WITH A PARCEL OF LAND DESCRIBED AND RECORDED IN ORB 2797, PAGE 1909 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; "THE WEST ONE (1) ACRE OF LOT 102 OF GARDEN CITY FARMS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 5, OF 3 THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LOT LYING IN AND COMPRISING A PART OF THEN 1/2 OF THE SE 1/4 OF THE SW 1/4 OF SECTION 5, TOWNSHIP 35 SOUTH, RANGE 40 EAST, EXCEPTING THEREFROM, HOWEVER, THE NORTH 30 FEET THEREOF, THE WEST 30 FEET THEREOF AND THE SOUTH 30 FEET THEREOF, WHICH ARE RESERVED FOR ROAD PURPOSES." TOGETHER WITH A PARCEL OF LAND DESCRIBED AND RECORDED IN ORB 2937, PAGE 484 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; "BEGIN AT THE NW CORNER OF TRACT 102, GARDEN CITY FARMS, THENCE RUN EAST 510 FEET; THENCE SOUTH 30 FEET FOR POINT OF BEGINNING; THENCE RUN EAST 120 FEET; THENCE SOUTH 270.79 FEET; THENCE WEST 120.6 FEET; THENCE NORTH TO POINT OF BEGINNING AS PER PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA." TOGETHER WITH A PARCEL OF LAND DESCRIBED AND RECORDED IN ORB 2583, PAGE 623 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; "BEGINNING AT THE NORTHWEST CORNER OF TRACT 102, GARDEN CITY FARMS, IN SECTION 5, TOWNSHIP 35 SOUTH, RANGE 40 EAST, RUN EAST 450 FEET; THENCE SOUTH 30 FEET TO POINT OF BEGINNING. THENCE RUN EAST 60 FEET; THENCE RUN SOUTH 137.22 FEET; THENCE RUN WEST 60 FEET; THENCE RUN NORTH TO POINT OF BEGINNING, ST. LUCIE COUNTY, FLORIDA." TOGETHER WITH A PARCEL OF LAND DESCRIBED AND RECORDED IN ORB 467, PAGE 2913 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; "THE NORTH ONE-HALF OF THE FOLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF TRACT 102, GARDEN CITY FARMS, IN SECTION 5, TOWNSHIP 35 SOUTH, RANGE 40 EAST, RUN EAST 390 FEET; THENCE SOUTH 30 FEET FOR POINT OF BEGINNING. THENCE RUN EAST 60 FEET; THENCE RUN SOUTH 274.22 FEET; THENCE WEST 60.03 FEET; THENCE NORTH TO POINT OF BEGINNING, GARDEN CITY FARMS, SECTION 5, TOWNSHIP 35 SOUTH, RANGE 40 EAST, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 5, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA." TOGETHER WITH THE NORTH 263.26' OF THE SOUTH 298.26' OF THE WEST 150' OF THE EAST 175' OF THE NE 1/4 OF THE NE 1/4 OF SECTION 6, T-35-S, R-40-E, ST LUCIE COUNTY, FLORIDA; TOGETHER WITH THE NORTH 286.29' OF THE SOUTH 634.80' OF THE WEST 150' OF THE EAST 175' OF THE NE 1/4 OF THE NE 1/4 OF SECTION 6, T-35-S, R-40-E, ST LUCIE COUNTY, FLORIDA; 4 TOGETHER WITH A PARCEL OF LAND DESCRIBED AND RECORDED IN ORB 230, PAGE 1623 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY; "A TRIANGULAR PARCEL OF LAND SITUATE IN THE NE 1/4 OF NE 1/4 OF SECTION 6, TOWNSHIP 35 SOUTH, RANGE 40 EAST, DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE SOUTH LINE OF AVENUE "S" (AS PROJECTED WESTERLY WITH THE WEST LINE OF NORTH 41ST STREET; AS SHOWN ON PLAT OF SUNLAND GARDENS FILED IN PLAT BOOK 8, PAGE 32, ST. LUCIE COUNTY RECORDS; THENCE RUN NORTH ALONG THE WEST LINE OF SAID NORTH 41ST STREET 491 FEET, MORE OR LESS TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE NORTH EMERGENCY RELIEF CANAL; THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE, AS THE SAME WAS REVISED BY DEED FROM NORTH ST. LUCIE RIVER DRAINAGE DISTRICT TO G.B. HUTCHINSON AND MELISSA HUTCHINSON, HIS WIFE, DATED JUNE 6, 1964, RECORDED IN O.R. BOOK 95, PAGE 452, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, 676.1 FEET, MORE OR LESS TO THE PROJECTED SOUTH LINE OF SAID AVENUE "S", THENCE EAST 468 FEET, MORE OR LESS TO POINT OF BEGINNING." LESS AND EXCEPT ALLEYS, ROAD AND CANAL RIGHT OF WAYS OF RECORD. (B) The boundaries of the District may be subsequently revised or amended by resolution adopted in accordance with County Ordinance No. 10-017, or its successor in function (the "Assessment Ordinance"). SECTION 4. LEVY OF SPECIAL ASSESSMENTS WITHIN THE DISTRICT; APPORTIONMENT METHODOLOGY. (A) Special assessments imposed within the District to fund street lighting services shall be levied in accordance with the Assessment Ordinance. (B) The method of apportioning special assessments imposed within the District to fund the delivery of street lighting services and related expenses shall be as provided by resolution adopted in accordance with the Assessment Ordinance. SECTION 5. CONFLICTING PROVISIONS; REPEALER. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. SECTION 6. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall 5 not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. SECTION 7. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. SECTION 8. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Florida Department of State. SECTION 9. CODIFICATION. This ordinance shall not be codified. SECTION 10. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft AYE Vice Chairman Chris Dzadovsky AYE Commissioner Paula A. Lewis AYE Commissioner Tod Mowery AYE Commissioner Frannie Hutchinson AYE PASSED AND ACTED this 5th day of July, 2011. ~ t1 ~ ~~ ~~~' w ~~,:. BOARD OF COUNTY COMMISSI~S:~ . 01' T. L COU , FL IDA .~ ~ ,~ . .E< ~ :~; 1 ~ ~ t~~~ . ;' Chair an ~ ~~ °~~„ ~ `~~~~ ,~ ;` . APPROVED AS TO FORM AND BY: S:\atty\ordnance\2011\11-023. do c 6 CORRECTNESS: RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES KURT S. BROWNING Governor Secretary of State July 22, 2011 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Ave .~ Fort Pierce, Florida 34982 - Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated July 18, 2011 and certified copies of St. Lucie County Ordinance Nos. 11-020, 11-022 and 11-023, which were filed in this office on July 20, 2011. Sincerely, • ~ lam. , :, ~~ ~J ~',.~ ~~- Liz Cloucl Program Administrator LC/vm DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street • Tallaha ssee, Florida 32399-0250 850.245.6600 • FAX: 850.245.6282 • TDD: 850.922.4085 http://info.florida.gov COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA 850.245.6600 FAX:850.245.6643 850.245.6600 • FAX:850 245 6744 STATE ARCHIVES OF FLORIDA . . 850.245.6700 • FAX: 850.488.4894 CAPITOL BRANCH RECORDS MANAGEMENT SERVICES 850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850 245 6795 ADMINISTRATIVE CODE AND WEEKLY . . 850.245.6270 • FAX: 850.245.6282