HB 0421 2003
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
7
8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to Lee County and the City of Cape Coral;
12	providing for the annexation of various County-
13	administered enclaves by interlocal agreement between the
14	city and county, subject to approval by referendum;
15	providing for procedures for adoption of the agreement and
16	for a referendum; providing for authority for assumption
17	of municipal service duties and transfer of
18	infrastructure; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1. The City of Cape Coral and Lee County are
23	authorized to enter into an interlocal agreement subject to
24	referendum approval for the orderly municipal annexation of
25	various County-administered enclaves located within the City of
26	Cape Coral. The following described areas are as follows:
27
28	A. Two contiguous parcels of land located in Section
29	17, Township 44 South, Range 23 East, described as:
30	the east half of the west half of the west half of the
31	southeast quarter of the southwest quarter (E 1/2 W
32	1/2 W 1/2 SE 1/4 SW 1/4), and the west half of the
33	west half of the west half of the southeast quarter of
34	the southwest quarter (W 1/2 W 1/2 W 1/2 SE 1/4 SW
35	1/4) of said Section 17, Township 44 South, Range 23
36	East, as parcels of Greater Pine Island Water Company.
37
38	B. Five contiguous parcels of land located in Section
39	10, Township 44 South, Range 23 East, described as:
40
41	1. Begin 1514.07 feet North and 143 feet West of the
42	Southeast corner of Section 10, Township 44 South,
43	Range 23 East; thence south 168.23 feet; thence West
44	100 feet; thence North 168.23 feet; thence East 100
45	feet to the Point of Beginning as described in Parcel
46	113, Lee County Case No. 71-1137.
47
48	2. From the Southeast corner of Section 10, Township
49	44 South, Range 23 East, run North 1514.07 feet to the
50	Centerline Proposed Subdivision road; thence west
51	along centerline 543 feet to Point of Beginning;
52	thence South 168.25 feet; thence west 100 feet; thence
53	north 168.23 feet; thence east 100 feet to the Point
54	of Beginning; less 25 foot easement on north for road
55	right-of-way and 20 feet on south for drainage
56	easement as described in Parcel 114, Lee County Case
57	No. 71-1137.
58
59	3. Begin 1514.07 foot north and 243 feet west of
60	southeast corner of Section 10, Township 44 South,
61	Range 23 East; thence south 168.23 feet; thence west
62	100 feet; thence north 168.23 feet; thence east 100
63	feet to the Point of Beginning as described in Parcel
64	115, Lee County Case No. 71-1137.
65
66	4. Begin 1514.07 feet north and 343 feet west of the
67	southeast corner of Section 10, Township 44 South,
68	Range 23 East; thence south 168.23 feet; thence west
69	100 feet; thence north 168.23 feet; thence east 100
70	feet to the Point of Beginning as described in Parcel
71	116, Lee County Case No. 71-1137.
72
73	5. Begin 1514.07 feet north and 443 feet west of
74	southeast corner of Section 10, Township 44 South,
75	Range 23 East; thence south 168.23 feet; thence west
76	100 feet; thence north 168.23 feet; thence east 100
77	feet to the Point of Beginning as described in Parcel
78	117, Lee County Case No. 71-1137.
79
80	NOTE: Above five parcels known as Whispering Pines.
81
82	C. Two contiguous parcels of land located in Section
83	19, Township 43 South, Range 23 East, described as:
84
85	1. The east half of the southeast quarter of the
86	northwest quarter of the southwest quarter; and the
87	west half of the southwest quarter of the northeast
88	quarter of the southwest quarter of Section 19,
89	Township 43 South, Range 23 East as described in
90	Parcel "C", Lee County Case No. 71-251.
91
92	2. The east half of the southwest quarter of the
93	northeast quarter of the southwest quarter; and the
94	west half of the southeast quarter of the northeast
95	quarter of the southwest quarter of Section 19,
96	Township 43 South, Range 23 East as described in
97	Parcel "D", Lee County Case No. 71-251.
98
99	D. A parcel of land located in Section 8, Township 44
100	South, Range 24 East, described as the east 1080 feet
101	of the north 1/4 (N 1/4) of Section 8, Township 44
102	South, Range 24 East.
103
104	NOTE: The above described east 1080 feet of the North
105	1/4 (N 1/4) of Section 8, Township 44 South, Range 24
106	East includes within its limits the following
107	individually and otherwise or elsewhere described
108	excluded parcels:
109
110	1. Beginning 40 feet South and 690 feet West of the
111	Northeast corner of Section 8, Township 44 South,
112	Range 24 East; thence run west for 390 feet; thence
113	South for 1317.5 feet; thence East for 390 feet;
114	thence North for 1306.8 feet to the point of beginning
115	as described in parcel "E", Lee County Case No. 71-
116	251.
117
118	2. Forty-two lots located within Pondella Heights
119	according to a plat recorded in Official Records Book
120	11, Page 52 and Official Records Book 12, Page 25,
121	Public Records of Lee County, Florida, as described in
122	Parcels No. 3, 13, 14, 23, 24, 25, 26, 27, 28, 29, 40,
123	41, 42, 43, 44, 45, 46, 47, 48, 49, 53, 54, 55, 56,
124	57, 61, 62, 67, 68, 70, 72, 74, 75, 76, 77, 78, 87,
125	90, 91, 92, 99, and 128, Lee County Case No. 71-1137.
126
127	E. A parcel of land located in Section 5, Township 44
128	South, Range 24 East, described as: From the Southeast
129	corner of Section 5, Township 44 South, Range 24 East;
130	run Northerly along the East line of said Section 5
131	for 33.17 feet to the North line of Pondella Road;
132	thence run West parallel to and 33 feet from the
133	centerline of Pondella Road for 720 feet to the Point
134	of Beginning. Thence continue West along the North
135	side of Pondella for 180 feet; thence run North on a
136	perpendicular to Pondella for 312 feet, thence run
137	Westerly parallel to Pondella for 180 feet; thence run
138	North and perpendicular to Pondella for 1005.2 feet;
139	thence run East and perpendicular to Pondella for 360
140	feet; thence run South along a perpendicular to
141	Pondella for 1317.2 to the Point of Beginning as
142	described in Parcel "F", Lee County Case No. 71-251.
143
144	F. A tract or parcel of land situated in the State of
145	Florida, County of Lee, being a part of Section 20 and
146	Section 29, Township 44 South, Range 23 East, and
147	further bounded and described as follows:
148
149	Beginning at the southeast corner of the northwest one
150	quarter (NW¼) of said Section 29; Thence S89º34'12"W
151	along the south line of said northwest one quarter
152	(NW¼) for 1627.86 feet; Thence N00º25'48"W for 283.17
153	feet; Thence N10º06'26"E for 526.78 feet; Thence
154	N88º00'44"E for 25.27 feet; Thence N11º37'39"W for
155	126.79 feet; Thence N40º10'46"W for 78.86 feet; Thence
156	N32º09'21"W for 125.00 feet; Thence S57º50'39"W for
157	152.19 feet; Thence N04º59'57"W for 723.70 feet;
158	Thence N26º25'24"E for 262.19 feet; Thence N14º52'17"E
159	for 495.94 feet; Thence N28º44'22"W for 307.15 feet;
160	Thence N22º45'14"E for 111.36 feet to an intersection
161	with a curve concave to the northwest having a radius
162	of 65.00 feet and which intersection a radial line
163	bears S29º16'46"w; Thence Easterly, Northeasterly, and
164	Northerly along said curve through a central angle of
165	140º26'17" for 159.32 feet; Thence N37º19'25"E along a
166	line not tangent to said curve for 145.06 feet; Thence
167	N72º32'22"W for 766.49 feet; Thence S79º31'57"W for
168	125.20 feet; Thence N13º44'06"W for 88.04 feet to the
169	beginning of a curve concave to the east having a
170	radius of 100.00 feet; Thence Northerly along said
171	curve through a central angle of 14º01'19" for 24.47
172	feet; Thence S76º15'54"W along a line not tangent to
173	said curve for 62.98 feet to an intersection with a
174	curve concave to the southwest having a radius of
175	119.75 feet and to which intersection a radial line
176	bears N76º15'54"E; Thence Northwesterly along said
177	curve through a central angle of 81º21'07" for 170.03
178	feet to a parcel of reverse curve concave to the
179	northeast having a radius of 209.09 feet; Thence
180	Northwesterly along said curve through a central angle
181	of 95º46'09" for 349.49 feet; Thence N89º19'04"W along
182	the extension of a line radial to said curve for 75.00
183	feet to an intersection with the west line of the
184	southwest one quarter (SW¼) of the aforesaid Section
185	20; Thence N00º40'56"E along said west line for
186	1951.10 feet, to the southwest corner of the northwest
187	one quarter (NW¼) of said Section 20; Thence
188	N00º40'04"E along the west line of said northwest one
189	quarter (NW¼) for 1030.13 feet; Thence N00º08'86"W for
190	1305.34 feet to the southerly right-of-way line of
191	Pine Island Road; Thence S89º59'19"E along said right-
192	of-way line for 168.64 feet; Thence S00º16'07"E for
193	1305.45 feet; to the aforesaid south line of the north
194	one half (N½) of the northwest one quarter (NW ¼) of
195	Section 20; Thence S89º57'21"E along said south line
196	for 1545.20 feet; Thence S01º28'16"E along the east
197	line of said northwest one quarter (NW¼) of Section 20
198	for 1339.76 feet; Thence S01º28'16"E along the east
199	line of the aforesaid southwest one quarter (SW¼) of
200	Section 20 for 2656.31 feet; Thence S00º09'12"E along
201	the east line of the aforesaid northwest one quarter
202	(NW¼) of Section 29 for 2898.67 feet to the Point of
203	Beginning.
204
205	G. Twenty-nine contiguous parcels located within
206	Sections 20 and 21, Township 44 South, Range 23 East;
207	individually described as follows:
208
209	1. Lot 14, Tract D of that certain subdivision known
210	as Saddlewood Farms, as recorded in Official Records
211	Book 1290, page 245 and 246 and more particularly
212	described as follows: The south one half (S½) of the
213	southwest one quarter (SW¼) of the northeast one
214	quarter (NE¼) of the southeast one quarter (SE¼) of
215	Section 20, Township 44 South, Range 23 East, Lee
216	County, Florida.
217
218	2. The south 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 south half (S½) 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	3. The north half of Lot 13, Tract D, Saddlewood
228	Farms Official Records Book, Page 245 and 246, public
229	records of Lee County, Florida more particularly
230	described as follows: The north half (N½) of the north
231	one half (N½) of the southwest one quarter (SW¼) of
232	the northeast one quarter (NE ¼) of the southeast one
233	quarter (SE¼) of Section 20, Township 44 South, Range
234	23 East, Lee County, Florida.
235
236	4. The west half (W½) 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	5. The east half (E½) of the west one half (W½) of
246	the northwest one quarter (NW ¼) of the northeast one
247	quarter (NE ¼) of the southeast one quarter (SE¼) of
248	Section 20, Township 44 South, Range 23 East, Lee
249	County, Florida. Being the west half of Lot 12, Tract
250	D, Saddlewood Farms Subdivision as shown as plat
251	recorded in Official Records Book 1290, page 246 of
252	the Public Records of Lee County, Florida.
253
254	6. Lot 11, Tract D of that certain subdivision known
255	as Saddlewood Farms, Inc. more particularly described
256	as the east one half (E½) of the northwest one quarter
257	(NW¼) of the northeast one quarter (NE ¼) of the
258	southeast one quarter (SE¼) of Section 20, Township 44
259	South, Range 23 East, Lee County, Florida.
260
261	7. Lot 5, Tract D of that certain subdivision known
262	as Saddlewood Farms, more particularly described as
263	the west one half (W½) of the southwest one quarter
264	(SW¼) of the southeast one quarter (SE¼) of the
265	northeast one quarter (NE ¼) of Section 20, Township
266	44 South, Range 23 East, Lee County, Florida.
267
268	8. Lot 6, Tract D of that certain subdivision known
269	as Saddlewood Farms, more particularly described as
270	the east one half (E½) of the southwest one quarter
271	(SW¼) of the southeast one quarter (SE¼) of the
272	northeast one quarter (NE ¼) of Section 20, Township
273	44 South, Range 23 East, Lee County, Florida.
274
275	9. Lot 4, Tract D of that certain subdivision known
276	as Saddlewood Farms, as recorded in Official records
277	Book 1290, page 245 and 246 and more particularly
278	described as the south one half (S½) of the northwest
279	one quarter (NW¼) of the southeast one quarter (SE¼)
280	of the northeast one quarter (NE ¼) of Section 20,
281	Township 44 South, Range 23 East, Lee County, Florida.
282
283	10. Lot 3, Tract D of that certain subdivision known
284	as Saddlewood Farms, as recorded in Official records
285	Book 1290, page 245 and 246 and more particularly
286	described as the north one half (N½) of the northwest
287	one quarter (NW¼) of the southeast one quarter (SE¼)
288	of the northeast one quarter (NE ¼) of Section 20,
289	Township 44 South, Range 23 East, Lee County, Florida.
290
291	11. Lot 10, Tract D of that certain subdivision known
292	as Saddlewood Farms, as recorded in Official records
293	Book 1290, page 245 and 246 and more particularly
294	described as the west one half (W½) of the northeast
295	one quarter (NE¼) of the northeast one quarter (NE¼)
296	of the southeast one quarter (SE ¼) of Section 20,
297	Township 44 South, Range 23 East, Lee County, Florida.
298
299	12. Lot 7, Tract D, unrecorded subdivision Saddlewood
300	Farms, as recorded in Official records Book 1290, page
301	246 in the west one half (W½) of the southeast one
302	quarter (SE¼) of the southeast one quarter (SE¼) of
303	the northeast one quarter (NE ¼) of Section 20,
304	Township 44 South, Range 23 East, Lee County, Florida.
305
306	13. The north half of Lot 9, Tract D of that certain
307	subdivision known as Saddlewood Farms, more
308	particularly described as the east one half (E½) of
309	the northeast one quarter (NE¼) of the northeast one
310	quarter (NE¼) of the southeast one quarter (SE¼) of
311	Section 20, Township 44 South, Range 23 East, Lee
312	County, Florida.
313
314	14. The south half of Lot 9, Tract D of that certain
315	subdivision known as Saddlewood Farms, more
316	particularly described as the east one half (E½) of
317	the northeast one quarter (NE¼) of the northeast one
318	quarter (NE¼) of the southeast one quarter (SE¼) of
319	Section 20, Township 44 South, Range 23 East, Lee
320	County, Florida.
321
322	15. Lot 1, Tract D of that certain subdivision known
323	as Saddlewood Farms, as recorded in Official Records
324	Book 1290, Page 245 and 246, and more particularly
325	described as follows: The east one half (E½) of the
326	northeast one quarter (NE¼) of the southeast one
327	quarter (SE¼) of the northwest one quarter (NW ¼) of
328	Section 20, Township 44 South, Range 23 East plus
329
330	Lot 9, Tract C of that certain subdivision known as
331	Saddlewood Farms, more particularly described as the
332	south one half (S½) of the southwest one quarter (SW¼)
333	of the southwest one quarter (SW¼) of the northwest
334	one quarter (NW¼) of Section 21, Township 44 South,
335	Range 23 East, Lee County, Florida plus
336
337	Lot 8, Tract D of that certain subdivision known as
338	Saddlewood Farms, as recorded in Official Records Book
339	1290, Page 245 and 246 and more particularly described
340	as follows: the east one half (E½) of the southeast
341	one quarter (SE¼) of the southeast one quarter (SE¼)
342	of the northeast one quarter (NE¼) of Section 20,
343	Township 44 South, Range 23 East, Lee County Florida.
344
345	16. Lot 8, Tract C of that certain subdivision known
346	as Saddlewood Farms, as more particularly described as
347	the north one half (N½) of the southwest one quarter
348	(SW¼) of the southwest one quarter (SW¼) of the
349	northwest one quarter (NW¼) of Section 21, Township 44
350	South, Range 23 East, Lee County, Florida.
351
352	17. Lot 5, Tract C of that certain subdivision known
353	as Saddlewood Farms, as more particularly described as
354	the south one half (S½) of the northwest one quarter
355	(NW¼) of the southwest one quarter (SW¼) of the
356	northwest one quarter (NW¼) of Section 21, Township 44
357	South, Range 23 East, Lee County, Florida.
358
359	18. Lot 4, Tract C of that certain subdivision known
360	as Saddlewood Farms, as more particularly described as
361	the north one half (N½) of the northwest one quarter
362	(NW¼) of the southwest one quarter (SW¼) of the
363	northwest one quarter (NW¼) of Section 21, Township 44
364	South, Range 23 East, Lee County, Florida.
365
366	19. Lot 11, Tract C of that certain subdivision known
367	as Saddlewood Farms, as more particularly described as
368	the north one half (N½) of the northeast one quarter
369	(NE¼) of the northwest one quarter (NW¼) of the
370	southwest one quarter (SW¼) of Section 21, Township 44
371	South, Range 23 East, Lee County, Florida.
372
373	20. Lot 10, Tract C of that certain subdivision known
374	as Saddlewood Farms, as more particularly described as
375	the south one half (S½) of the southeast one quarter
376	(SE¼) of the southwest one quarter (SW¼) of the
377	northwest one quarter (NW¼) of Section 21, Township 44
378	South, Range 23 East, Lee County, Florida.
379
380	21. The south half of Lot 7, Tract C, of that certain
381	subdivision known as Saddlewood Farms, more
382	particularly described as the north one half (N½) of
383	the southeast one quarter (SE¼) of the southwest one
384	quarter (SW¼) of the northwest one quarter (NW¼) of
385	Section 21, Township 44 South, Range 23 East, Lee
386	County, Florida.
387
388	22. The north half of Lot 7, Tract C, of that certain
389	subdivision known as Saddlewood Farms, more
390	particularly described as the north one half (N½) of
391	the southeast one quarter (SE¼) of the southwest one
392	quarter (SW¼) of the northwest one quarter (NW¼) of
393	Section 21, Township 44 South, Range 23 East, Lee
394	County, Florida.
395
396	23. The south half of Lot 6, Tract C, of that certain
397	subdivision known as Saddlewood Farms, more
398	particularly described as the south one half (S½) of
399	the northeast one quarter (NE¼) of the southwest one
400	quarter (SW¼) of the northwest one quarter (NW¼) of
401	Section 21, Township 44 South, Range 23 East, Lee
402	County, Florida.
403
404	24. The north half of Lot 6, Tract C, of that certain
405	subdivision known as Saddlewood Farms, more
406	particularly described as the south one half (S½) of
407	the northeast one quarter (NE¼) of the southwest one
408	quarter (SW¼) of the northwest one quarter (NW¼) of
409	Section 21, Township 44 South, Range 23 East, Lee
410	County, Florida.
411
412	25. The East 543 feet of the west one half (W½) of
413	the northeast one quarter (NE ¼) of the northwest one
414	quarter (NW¼) of Section 21, Township 44 South, Range
415	23 East, Lee County, Florida. Less the easternmost
416	213 feet.
417
418	26. The East 213 feet of the west one half (W½) of
419	the northeast one quarter (NE¼) of the northwest one
420	quarter (NW¼) of Section 21, Township 44 South, Range
421	23 East, Lee County, Florida.
422
423	27. The north one half (N½) of the northeast one
424	quarter (NE¼) of the southwest one quarter (SW¼) of
425	the northwest one quarter (NW ¼) of Section 21,
426	Township 44 South, Range 23 East, Lee County, Florida.
427
428	28. Lot 2, Tract D of that certain subdivision known
429	as Saddlewood Farms, as recorded in Official Records
430	Book 1290, Page 246.
431
432	29. Lots 15 and 16, Tract D of that certain
433	subdivision known as Saddlewood Farms, best described
434	as follows: the southeast one quarter (SE¼) of the
435	northeast one quarter (NE¼) of the southeast one
436	quarter (SE¼) of Section 20, Township 44 South, Range
437	23 East, Lee County, Florida.
438
439	Section 2. The interlocal agreement for the proposed
440	annexation of the described County-administered enclaves as
441	developed by the City of Cape Coral and Lee County shall be
442	filed with the clerk of the city and the clerk of the courts for
443	the county, and a duly advertised public hearing shall be held
444	by both the city and the county, respectively, prior to the
445	adoption of the interlocal agreement by the city council and the
446	county commission. No changes to the terms and conditions of
447	the interlocal agreement may be made by either the city or the
448	county once filed with the respective clerks prior to the public
449	hearings for consideration of the adoption of the interlocal
450	agreement.
451	Section 3. (1) Subsequent to the adoption of the
452	interlocal agreement between the city and the county, and prior
453	to the implementation of the proposed annexation by the city of
454	the described county enclaves, a referendum shall be held by the
455	city in the City of Cape Coral and within the proposed described
456	enclave areas to be annexed for the ratification and approval of
457	the interlocal agreement by the registered electorates therein.
458	(2) The interlocal agreement shall be presented separately
459	to the registered voters residing within the city and the
460	registered voters residing within the proposed annexed areas as
461	further described in section 1 of this act. The procedures for
462	conducting the referendum shall be pursuant to the requirements
463	as set out in section 171.0413(2), Florida Statutes, as amended
464	from time to time. Upon a majority vote in favor of the
465	interlocal agreement by the registered voters of the City of
466	Cape Coral and a majority vote of the combined registered voters
467	residing in all county enclaves to be annexed, the interlocal
468	agreement shall be deemed to be ratified and approved and shall
469	become effective as provided for in the interlocal agreement but
470	otherwise not more than 1 year following the referendum. The
471	referendum for ratification and approval of the interlocal
472	agreement for annexation may be conducted by the city at any
473	regular election following the adoption of the interlocal
474	agreement by the city and the county.
475	Section 4. (1) For the areas subsequently annexed into
476	the city by interlocal agreement, the city shall assume all of
477	the municipal service duties of Lee County pursuant to the terms
478	and conditions of the approved interlocal agreement.
479	(2) The transfer from the county to the city of county
480	municipal service infrastructure located within the annexed
481	areas shall be pursuant to the terms and conditions of the
482	approved interlocal agreement.
483	Section 5. This act shall take effect upon becoming a law.
484
485