HB 0421 2003
1	A bill to be entitled
2	An act relating to Lee County and the City of Cape Coral;
3	providing for the annexation of various County-
4	administered enclaves by interlocal agreement between the
5	city and county, subject to approval by referendum;
6	providing for procedures for adoption of the agreement and
7	for a referendum; providing for authority for assumption
8	of municipal service duties and transfer of
9	infrastructure; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.The City of Cape Coral and Lee County are
14	authorized to enter into an interlocal agreement subject to
15	referendum approval for the orderly municipal annexation of
16	various County-administered enclaves located within the City of
17	Cape Coral. The following described areas are as follows:
18
19	A. Two contiguous parcels of land located in Section
20	17, Township 44 South, Range 23 East, described as:
21	the east half of the west half of the west half of the
22	southeast quarter of the southwest quarter (E 1/2 W
23	1/2 W 1/2 SE 1/4 SW 1/4), and the west half of the
24	west half of the west half of the southeast quarter of
25	the southwest quarter (W 1/2 W 1/2 W 1/2 SE 1/4 SW
26	1/4) of said Section 17, Township 44 South, Range 23
27	East, as parcels of Greater Pine Island Water Company.
28
29	B. Five contiguous parcels of land located in Section
30	10, Township 44 South, Range 23 East, described as:
31
32	1. Begin 1514.07 feet North and 143 feet West of the
33	Southeast corner of Section 10, Township 44 South,
34	Range 23 East; thence south 168.23 feet; thence West
35	100 feet; thence North 168.23 feet; thence East 100
36	feet to the Point of Beginning as described in Parcel
37	113, Lee County Case No. 71-1137.
38
39	2. From the Southeast corner of Section 10, Township
40	44 South, Range 23 East, run North 1514.07 feet to the
41	Centerline Proposed Subdivision road; thence west
42	along centerline 543 feet to Point of Beginning;
43	thence South 168.25 feet; thence west 100 feet; thence
44	north 168.23 feet; thence east 100 feet to the Point
45	of Beginning; less 25 foot easement on north for road
46	right-of-way and 20 feet on south for drainage
47	easement as described in Parcel 114, Lee County Case
48	No. 71-1137.
49
50	3. Begin 1514.07 foot north and 243 feet west of
51	southeast corner of Section 10, Township 44 South,
52	Range 23 East; thence south 168.23 feet; thence west
53	100 feet; thence north 168.23 feet; thence east 100
54	feet to the Point of Beginning as described in Parcel
55	115, Lee County Case No. 71-1137.
56
57	4. Begin 1514.07 feet north and 343 feet west of the
58	southeast corner of Section 10, Township 44 South,
59	Range 23 East; thence south 168.23 feet; thence west
60	100 feet; thence north 168.23 feet; thence east 100
61	feet to the Point of Beginning as described in Parcel
62	116, Lee County Case No. 71-1137.
63
64	5. Begin 1514.07 feet north and 443 feet west of
65	southeast corner of Section 10, Township 44 South,
66	Range 23 East; thence south 168.23 feet; thence west
67	100 feet; thence north 168.23 feet; thence east 100
68	feet to the Point of Beginning as described in Parcel
69	117, Lee County Case No. 71-1137.
70
71	NOTE: Above five parcels known as Whispering Pines.
72
73	C. Two contiguous parcels of land located in Section
74	19, Township 43 South, Range 23 East, described as:
75
76	1. The east half of the southeast quarter of the
77	northwest quarter of the southwest quarter; and the
78	west half of the southwest quarter of the northeast
79	quarter of the southwest quarter of Section 19,
80	Township 43 South, Range 23 East as described in
81	Parcel "C", Lee County Case No. 71-251.
82
83	2. The east half of the southwest quarter of the
84	northeast quarter of the southwest quarter; and the
85	west half of the southeast quarter of the northeast
86	quarter of the southwest quarter of Section 19,
87	Township 43 South, Range 23 East as described in
88	Parcel "D", Lee County Case No. 71-251.
89
90	D. A parcel of land located in Section 8, Township 44
91	South, Range 24 East, described as the east 1080 feet
92	of the north 1/4 (N 1/4) of Section 8, Township 44
93	South, Range 24 East.
94
95	NOTE: The above described east 1080 feet of the North
96	1/4 (N 1/4) of Section 8, Township 44 South, Range 24
97	East includes within its limits the following
98	individually and otherwise or elsewhere described
99	excluded parcels:
100
101	1. Beginning 40 feet South and 690 feet West of the
102	Northeast corner of Section 8, Township 44 South,
103	Range 24 East; thence run west for 390 feet; thence
104	South for 1317.5 feet; thence East for 390 feet;
105	thence North for 1306.8 feet to the point of beginning
106	as described in parcel "E", Lee County Case No. 71-
107	251.
108
109	2. Forty-two lots located within Pondella Heights
110	according to a plat recorded in Official Records Book
111	11, Page 52 and Official Records Book 12, Page 25,
112	Public Records of Lee County, Florida, as described in
113	Parcels No. 3, 13, 14, 23, 24, 25, 26, 27, 28, 29, 40,
114	41, 42, 43, 44, 45, 46, 47, 48, 49, 53, 54, 55, 56,
115	57, 61, 62, 67, 68, 70, 72, 74, 75, 76, 77, 78, 87,
116	90, 91, 92, 99, and 128, Lee County Case No. 71-1137.
117
118	E. A parcel of land located in Section 5, Township 44
119	South, Range 24 East, described as: From the Southeast
120	corner of Section 5, Township 44 South, Range 24 East;
121	run Northerly along the East line of said Section 5
122	for 33.17 feet to the North line of Pondella Road;
123	thence run West parallel to and 33 feet from the
124	centerline of Pondella Road for 720 feet to the Point
125	of Beginning. Thence continue West along the North
126	side of Pondella for 180 feet; thence run North on a
127	perpendicular to Pondella for 312 feet, thence run
128	Westerly parallel to Pondella for 180 feet; thence run
129	North and perpendicular to Pondella for 1005.2 feet;
130	thence run East and perpendicular to Pondella for 360
131	feet; thence run South along a perpendicular to
132	Pondella for 1317.2 to the Point of Beginning as
133	described in Parcel "F", Lee County Case No. 71-251.
134
135	F. A tract or parcel of land situated in the State of
136	Florida, County of Lee, being a part of Section 20 and
137	Section 29, Township 44 South, Range 23 East, and
138	further bounded and described as follows:
139
140	Beginning at the southeast corner of the northwest one
141	quarter (NW¼) of said Section 29; Thence S89º34'12"W
142	along the south line of said northwest one quarter
143	(NW¼) for 1627.86 feet; Thence N00º25'48"W for 283.17
144	feet; Thence N10º06'26"E for 526.78 feet; Thence
145	N88º00'44"E for 25.27 feet; Thence N11º37'39"W for
146	126.79 feet; Thence N40º10'46"W for 78.86 feet; Thence
147	N32º09'21"W for 125.00 feet; Thence S57º50'39"W for
148	152.19 feet; Thence N04º59'57"W for 723.70 feet;
149	Thence N26º25'24"E for 262.19 feet; Thence N14º52'17"E
150	for 495.94 feet; Thence N28º44'22"W for 307.15 feet;
151	Thence N22º45'14"E for 111.36 feet to an intersection
152	with a curve concave to the northwest having a radius
153	of 65.00 feet and which intersection a radial line
154	bears S29º16'46"w; Thence Easterly, Northeasterly, and
155	Northerly along said curve through a central angle of
156	140º26'17" for 159.32 feet; Thence N37º19'25"E along a
157	line not tangent to said curve for 145.06 feet; Thence
158	N72º32'22"W for 766.49 feet; Thence S79º31'57"W for
159	125.20 feet; Thence N13º44'06"W for 88.04 feet to the
160	beginning of a curve concave to the east having a
161	radius of 100.00 feet; Thence Northerly along said
162	curve through a central angle of 14º01'19" for 24.47
163	feet; Thence S76º15'54"W along a line not tangent to
164	said curve for 62.98 feet to an intersection with a
165	curve concave to the southwest having a radius of
166	119.75 feet and to which intersection a radial line
167	bears N76º15'54"E; Thence Northwesterly along said
168	curve through a central angle of 81º21'07" for 170.03
169	feet to a parcel of reverse curve concave to the
170	northeast having a radius of 209.09 feet; Thence
171	Northwesterly along said curve through a central angle
172	of 95º46'09" for 349.49 feet; Thence N89º19'04"W along
173	the extension of a line radial to said curve for 75.00
174	feet to an intersection with the west line of the
175	southwest one quarter (SW¼) of the aforesaid Section
176	20; Thence N00º40'56"E along said west line for
177	1951.10 feet, to the southwest corner of the northwest
178	one quarter (NW¼) of said Section 20; Thence
179	N00º40'04"E along the west line of said northwest one
180	quarter (NW¼) for 1030.13 feet; Thence N00º08'86"W for
181	1305.34 feet to the southerly right-of-way line of
182	Pine Island Road; Thence S89º59'19"E along said right-
183	of-way line for 168.64 feet; Thence S00º16'07"E for
184	1305.45 feet; to the aforesaid south line of the north
185	one half (N½) of the northwest one quarter (NW ¼) of
186	Section 20; Thence S89º57'21"E along said south line
187	for 1545.20 feet; Thence S01º28'16"E along the east
188	line of said northwest one quarter (NW¼) of Section 20
189	for 1339.76 feet; Thence S01º28'16"E along the east
190	line of the aforesaid southwest one quarter (SW¼) of
191	Section 20 for 2656.31 feet; Thence S00º09'12"E along
192	the east line of the aforesaid northwest one quarter
193	(NW¼) of Section 29 for 2898.67 feet to the Point of
194	Beginning.
195
196	G. Twenty-nine contiguous parcels located within
197	Sections 20 and 21, Township 44 South, Range 23 East;
198	individually described as follows:
199
200	1. Lot 14, Tract D of that certain subdivision known
201	as Saddlewood Farms, as recorded in Official Records
202	Book 1290, page 245 and 246 and more particularly
203	described as follows: The south one half (S½) of the
204	southwest one quarter (SW¼) of the northeast one
205	quarter (NE¼) of the southeast one quarter (SE¼) of
206	Section 20, Township 44 South, Range 23 East, Lee
207	County, Florida.
208
209	2. The south half of Lot 13, Tract D, Saddlewood
210	Farms Official Records Book, Page 245 and 246, public
211	records of Lee County, Florida more particularly
212	described as follows: The south half (S½) of the north
213	one half (N½) of the southwest one quarter (SW¼) of
214	the northeast one quarter (NE ¼) of the southeast one
215	quarter (SE¼) of Section 20, Township 44 South, Range
216	23 East, Lee County, Florida.
217
218	3. The north half of Lot 13, Tract D, Saddlewood
219	Farms Official Records Book, Page 245 and 246, public
220	records of Lee County, Florida more particularly
221	described as follows: The north half (N½) of the north
222	one half (N½) of the southwest one quarter (SW¼) of
223	the northeast one quarter (NE ¼) of the southeast one
224	quarter (SE¼) of Section 20, Township 44 South, Range
225	23 East, Lee County, Florida.
226
227	4. The west half (W½) of the west one half (W½) of
228	the northwest one quarter (NW ¼) of the northeast one
229	quarter (NE ¼) of the southeast one quarter (SE¼) of
230	Section 20, Township 44 South, Range 23 East, Lee
231	County, Florida. Being the west half of Lot 12, Tract
232	D, Saddlewood Farms Subdivision as shown as plat
233	recorded in Official Records Book 1290, page 246 of
234	the Public Records of Lee County, Florida.
235
236	5. The east half (E½) of the west one half (W½) of
237	the northwest one quarter (NW ¼) of the northeast one
238	quarter (NE ¼) of the southeast one quarter (SE¼) of
239	Section 20, Township 44 South, Range 23 East, Lee
240	County, Florida. Being the west half of Lot 12, Tract
241	D, Saddlewood Farms Subdivision as shown as plat
242	recorded in Official Records Book 1290, page 246 of
243	the Public Records of Lee County, Florida.
244
245	6. Lot 11, Tract D of that certain subdivision known
246	as Saddlewood Farms, Inc. more particularly described
247	as the east one half (E½) of the northwest one quarter
248	(NW¼) of the northeast one quarter (NE ¼) of the
249	southeast one quarter (SE¼) of Section 20, Township 44
250	South, Range 23 East, Lee County, Florida.
251
252	7. Lot 5, Tract D of that certain subdivision known
253	as Saddlewood Farms, more particularly described as
254	the west one half (W½) of the southwest one quarter
255	(SW¼) of the southeast one quarter (SE¼) of the
256	northeast one quarter (NE ¼) of Section 20, Township
257	44 South, Range 23 East, Lee County, Florida.
258
259	8. Lot 6, Tract D of that certain subdivision known
260	as Saddlewood Farms, more particularly described as
261	the east one half (E½) of the southwest one quarter
262	(SW¼) of the southeast one quarter (SE¼) of the
263	northeast one quarter (NE ¼) of Section 20, Township
264	44 South, Range 23 East, Lee County, Florida.
265
266	9. Lot 4, Tract D of that certain subdivision known
267	as Saddlewood Farms, as recorded in Official records
268	Book 1290, page 245 and 246 and more particularly
269	described as the south one half (S½) of the northwest
270	one quarter (NW¼) of the southeast one quarter (SE¼)
271	of the northeast one quarter (NE ¼) of Section 20,
272	Township 44 South, Range 23 East, Lee County, Florida.
273
274	10. Lot 3, Tract D of that certain subdivision known
275	as Saddlewood Farms, as recorded in Official records
276	Book 1290, page 245 and 246 and more particularly
277	described as the north one half (N½) of the northwest
278	one quarter (NW¼) of the southeast one quarter (SE¼)
279	of the northeast one quarter (NE ¼) of Section 20,
280	Township 44 South, Range 23 East, Lee County, Florida.
281
282	11. Lot 10, Tract D of that certain subdivision known
283	as Saddlewood Farms, as recorded in Official records
284	Book 1290, page 245 and 246 and more particularly
285	described as the west one half (W½) of the northeast
286	one quarter (NE¼) of the northeast one quarter (NE¼)
287	of the southeast one quarter (SE ¼) of Section 20,
288	Township 44 South, Range 23 East, Lee County, Florida.
289
290	12. Lot 7, Tract D, unrecorded subdivision Saddlewood
291	Farms, as recorded in Official records Book 1290, page
292	246 in the west one half (W½) of the southeast one
293	quarter (SE¼) of the southeast one quarter (SE¼) of
294	the northeast one quarter (NE ¼) of Section 20,
295	Township 44 South, Range 23 East, Lee County, Florida.
296
297	13. The north half of Lot 9, Tract D of that certain
298	subdivision known as Saddlewood Farms, more
299	particularly described as the east one half (E½) of
300	the northeast one quarter (NE¼) of the northeast one
301	quarter (NE¼) of the southeast one quarter (SE¼) of
302	Section 20, Township 44 South, Range 23 East, Lee
303	County, Florida.
304
305	14. The south half of Lot 9, Tract D of that certain
306	subdivision known as Saddlewood Farms, more
307	particularly described as the east one half (E½) of
308	the northeast one quarter (NE¼) of the northeast one
309	quarter (NE¼) of the southeast one quarter (SE¼) of
310	Section 20, Township 44 South, Range 23 East, Lee
311	County, Florida.
312
313	15. Lot 1, Tract D of that certain subdivision known
314	as Saddlewood Farms, as recorded in Official Records
315	Book 1290, Page 245 and 246, and more particularly
316	described as follows: The east one half (E½) of the
317	northeast one quarter (NE¼) of the southeast one
318	quarter (SE¼) of the northwest one quarter (NW ¼) of
319	Section 20, Township 44 South, Range 23 East plus
320
321	Lot 9, Tract C of that certain subdivision known as
322	Saddlewood Farms, more particularly described as the
323	south one half (S½) of the southwest one quarter (SW¼)
324	of the southwest one quarter (SW¼) of the northwest
325	one quarter (NW¼) of Section 21, Township 44 South,
326	Range 23 East, Lee County, Florida plus
327
328	Lot 8, Tract D of that certain subdivision known as
329	Saddlewood Farms, as recorded in Official Records Book
330	1290, Page 245 and 246 and more particularly described
331	as follows: the east one half (E½) of the southeast
332	one quarter (SE¼) of the southeast one quarter (SE¼)
333	of the northeast one quarter (NE¼) of Section 20,
334	Township 44 South, Range 23 East, Lee County Florida.
335
336	16. Lot 8, Tract C of that certain subdivision known
337	as Saddlewood Farms, as more particularly described as
338	the north one half (N½) of the southwest one quarter
339	(SW¼) of the southwest one quarter (SW¼) of the
340	northwest one quarter (NW¼) of Section 21, Township 44
341	South, Range 23 East, Lee County, Florida.
342
343	17. Lot 5, Tract C of that certain subdivision known
344	as Saddlewood Farms, as more particularly described as
345	the south one half (S½) of the northwest one quarter
346	(NW¼) of the southwest one quarter (SW¼) of the
347	northwest one quarter (NW¼) of Section 21, Township 44
348	South, Range 23 East, Lee County, Florida.
349
350	18. Lot 4, Tract C of that certain subdivision known
351	as Saddlewood Farms, as more particularly described as
352	the north one half (N½) of the northwest one quarter
353	(NW¼) of the southwest one quarter (SW¼) of the
354	northwest one quarter (NW¼) of Section 21, Township 44
355	South, Range 23 East, Lee County, Florida.
356
357	19. Lot 11, Tract C of that certain subdivision known
358	as Saddlewood Farms, as more particularly described as
359	the north one half (N½) of the northeast one quarter
360	(NE¼) of the northwest one quarter (NW¼) of the
361	southwest one quarter (SW¼) of Section 21, Township 44
362	South, Range 23 East, Lee County, Florida.
363
364	20. Lot 10, Tract C of that certain subdivision known
365	as Saddlewood Farms, as more particularly described as
366	the south one half (S½) of the southeast one quarter
367	(SE¼) of the southwest one quarter (SW¼) of the
368	northwest one quarter (NW¼) of Section 21, Township 44
369	South, Range 23 East, Lee County, Florida.
370
371	21. The south half of Lot 7, Tract C, of that certain
372	subdivision known as Saddlewood Farms, more
373	particularly described as the north one half (N½) of
374	the southeast one quarter (SE¼) of the southwest one
375	quarter (SW¼) of the northwest one quarter (NW¼) of
376	Section 21, Township 44 South, Range 23 East, Lee
377	County, Florida.
378
379	22. The north half of Lot 7, Tract C, of that certain
380	subdivision known as Saddlewood Farms, more
381	particularly described as the north one half (N½) of
382	the southeast one quarter (SE¼) of the southwest one
383	quarter (SW¼) of the northwest one quarter (NW¼) of
384	Section 21, Township 44 South, Range 23 East, Lee
385	County, Florida.
386
387	23. The south half of Lot 6, Tract C, of that certain
388	subdivision known as Saddlewood Farms, more
389	particularly described as the south one half (S½) of
390	the northeast one quarter (NE¼) of the southwest one
391	quarter (SW¼) of the northwest one quarter (NW¼) of
392	Section 21, Township 44 South, Range 23 East, Lee
393	County, Florida.
394
395	24. The north half of Lot 6, Tract C, of that certain
396	subdivision known as Saddlewood Farms, more
397	particularly described as the south one half (S½) of
398	the northeast one quarter (NE¼) of the southwest one
399	quarter (SW¼) of the northwest one quarter (NW¼) of
400	Section 21, Township 44 South, Range 23 East, Lee
401	County, Florida.
402
403	25. The East 543 feet of the west one half (W½) of
404	the northeast one quarter (NE ¼) of the northwest one
405	quarter (NW¼) of Section 21, Township 44 South, Range
406	23 East, Lee County, Florida. Less the easternmost
407	213 feet.
408
409	26. The East 213 feet of the west one half (W½) of
410	the northeast one quarter (NE¼) of the northwest one
411	quarter (NW¼) of Section 21, Township 44 South, Range
412	23 East, Lee County, Florida.
413
414	27. The north one half (N½) of the northeast one
415	quarter (NE¼) of the southwest one quarter (SW¼) of
416	the northwest one quarter (NW ¼) of Section 21,
417	Township 44 South, Range 23 East, Lee County, Florida.
418
419	28. Lot 2, Tract D of that certain subdivision known
420	as Saddlewood Farms, as recorded in Official Records
421	Book 1290, Page 246.
422
423	29. Lots 15 and 16, Tract D of that certain
424	subdivision known as Saddlewood Farms, best described
425	as follows: the southeast one quarter (SE¼) of the
426	northeast one quarter (NE¼) of the southeast one
427	quarter (SE¼) of Section 20, Township 44 South, Range
428	23 East, Lee County, Florida.
429
430	Section 2.The interlocal agreement for the proposed
431	annexation of the described County-administered enclaves as
432	developed by the City of Cape Coral and Lee County shall be
433	filed with the clerk of the city and the clerk of the courts for
434	the county, and a duly advertised public hearing shall be held
435	by both the city and the county, respectively, prior to the
436	adoption of the interlocal agreement by the city council and the
437	county commission. No changes to the terms and conditions of
438	the interlocal agreement may be made by either the city or the
439	county once filed with the respective clerks prior to the public
440	hearings for consideration of the adoption of the interlocal
441	agreement.
442	Section 3.(1) Subsequent to the adoption of the
443	interlocal agreement between the city and the county, and prior
444	to the implementation of the proposed annexation by the city of
445	the described county enclaves, a referendum shall be held by the
446	city in the City of Cape Coral and within the proposed described
447	enclave areas to be annexed for the ratification and approval of
448	the interlocal agreement by the registered electorates therein.
449	(2) The interlocal agreement shall be presented separately
450	to the registered voters residing within the city and the
451	registered voters residing within the proposed annexed areas as
452	further described in section 1 of this act. The procedures for
453	conducting the referendum shall be pursuant to the requirements
454	as set out in section 171.0413(2), Florida Statutes, as amended
455	from time to time. Upon a majority vote in favor of the
456	interlocal agreement by the registered voters of the City of
457	Cape Coral and a majority vote of the combined registered voters
458	residing in all county enclaves to be annexed, the interlocal
459	agreement shall be deemed to be ratified and approved and shall
460	become effective as provided for in the interlocal agreement but
461	otherwise not more than 1 year following the referendum. The
462	referendum for ratification and approval of the interlocal
463	agreement for annexation may be conducted by the city at any
464	regular election following the adoption of the interlocal
465	agreement by the city and the county.
466	Section 4.(1) For the areas subsequently annexed into
467	the city by interlocal agreement, the city shall assume all of
468	the municipal service duties of Lee County pursuant to the terms
469	and conditions of the approved interlocal agreement.
470	(2) The transfer from the county to the city of county
471	municipal service infrastructure located within the annexed
472	areas shall be pursuant to the terms and conditions of the
473	approved interlocal agreement.
474	Section 5.Should any law or part of a law be in conflict
475	with this act, such law is superseded to the extent of the
476	conflict.
477	Section 6. This act shall take effect upon becoming a law.
478