Senate Bill sb2874

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003        (NP)                      SB 2874

    By Senator Saunders





    37-934-03                                           See HB 421

  1                      A bill to be entitled

  2         An act relating to Lee County and the City of

  3         Cape Coral; providing for the annexation of

  4         various County-administered enclaves by

  5         interlocal agreement between the city and

  6         county, subject to approval by referendum;

  7         providing for procedures for adoption of the

  8         agreement and for a referendum; providing for

  9         authority for assumption of municipal service

10         duties and transfer of infrastructure;

11         providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  The City of Cape Coral and Lee County are

16  authorized to enter into an interlocal agreement subject to

17  referendum approval for the orderly municipal annexation of

18  various County-administered enclaves located within the City

19  of Cape Coral.  The following described areas are as follows:

20  

21         A.  Two contiguous parcels of land located in

22         Section 17, Township 44 South, Range 23 East,

23         described as: the east half of the west half of

24         the west half of the southeast quarter of the

25         southwest quarter (E 1/2 W 1/2 W 1/2 SE 1/4 SW

26         1/4), and the west half of the west half of the

27         west half of the southeast quarter of the

28         southwest quarter (W 1/2 W 1/2 W 1/2 SE 1/4 SW

29         1/4) of said Section 17, Township 44 South,

30         Range 23 East, as parcels of Greater Pine

31         Island Water Company.

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    Florida Senate - 2003        (NP)                      SB 2874
    37-934-03                                           See HB 421




 1  

 2         B.  Five contiguous parcels of land located in

 3         Section 10, Township 44 South, Range 23 East,

 4         described as:

 5  

 6         1.  Begin 1514.07 feet North and 143 feet West

 7         of the Southeast corner of Section 10, Township

 8         44 South, Range 23 East; thence south 168.23

 9         feet; thence West 100 feet; thence North 168.23

10         feet; thence East 100 feet to the Point of

11         Beginning as described in Parcel 113, Lee

12         County Case No. 71-1137.

13  

14         2.  From the Southeast corner of Section 10,

15         Township 44 South, Range 23 East, run North

16         1514.07 feet to the Centerline Proposed

17         Subdivision road; thence west along centerline

18         543 feet to Point of Beginning; thence South

19         168.25 feet; thence west 100 feet; thence north

20         168.23 feet; thence east 100 feet to the Point

21         of Beginning; less 25 foot easement on north

22         for road right-of-way and 20 feet on south for

23         drainage easement as described in Parcel 114,

24         Lee County Case No. 71-1137.

25  

26         3.  Begin 1514.07 foot north and 243 feet west

27         of southeast corner of Section 10, Township 44

28         South, Range 23 East; thence south 168.23 feet;

29         thence west 100 feet; thence north 168.23 feet;

30         thence east 100 feet to the Point of Beginning

31  

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    Florida Senate - 2003        (NP)                      SB 2874
    37-934-03                                           See HB 421




 1         as described in Parcel 115, Lee County Case No.

 2         71-1137.

 3  

 4         4.  Begin 1514.07 feet north and 343 feet west

 5         of the southeast corner of Section 10, Township

 6         44 South, Range 23 East; thence south 168.23

 7         feet; thence west 100 feet; thence north 168.23

 8         feet; thence east 100 feet to the Point of

 9         Beginning as described in Parcel 116, Lee

10         County Case No. 71-1137.

11  

12         5.  Begin 1514.07 feet north and 443 feet west

13         of southeast corner of Section 10, Township 44

14         South, Range 23 East; thence south 168.23 feet;

15         thence west 100 feet; thence north 168.23 feet;

16         thence east 100 feet to the Point of Beginning

17         as described in Parcel 117, Lee County Case No.

18         71-1137.

19  

20         NOTE: Above five parcels known as Whispering

21         Pines.

22  

23         C.  Two contiguous parcels of land located in

24         Section 19, Township 43 South, Range 23 East,

25         described as:

26  

27         1.  The east half of the southeast quarter of

28         the northwest quarter of the southwest quarter;

29         and the west half of the southwest quarter of

30         the northeast quarter of the southwest quarter

31         of Section 19, Township 43 South, Range 23 East

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    Florida Senate - 2003        (NP)                      SB 2874
    37-934-03                                           See HB 421




 1         as described in Parcel "C", Lee County Case No.

 2         71-251.

 3  

 4         2.  The east half of the southwest quarter of

 5         the northeast quarter of the southwest quarter;

 6         and the west half of the southeast quarter of

 7         the northeast quarter of the southwest quarter

 8         of Section 19, Township 43 South, Range 23 East

 9         as described in Parcel "D", Lee County Case No.

10         71-251.

11  

12         D.  A parcel of land located in Section 8,

13         Township 44 South, Range 24 East, described as

14         the east 1080 feet of the north 1/4 (N 1/4) of

15         Section 8, Township 44 South, Range 24 East.

16  

17         NOTE: The above described east 1080 feet of the

18         North 1/4 (N 1/4) of Section 8, Township 44

19         South, Range 24 East includes within its limits

20         the following individually and otherwise or

21         elsewhere described excluded parcels:

22  

23         1.  Beginning 40 feet South and 690 feet West

24         of the Northeast corner of Section 8, Township

25         44 South, Range 24 East; thence run west for

26         390 feet; thence South for 1317.5 feet; thence

27         East for 390 feet; thence North for 1306.8 feet

28         to the point of beginning as described in

29         parcel "E", Lee County Case No. 71-251.

30  

31  

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    Florida Senate - 2003        (NP)                      SB 2874
    37-934-03                                           See HB 421




 1         2.  Forty-two lots located within Pondella

 2         Heights according to a plat recorded in

 3         Official Records Book 11, page 52 and Official

 4         Records Book 12, page 25, Public Records of Lee

 5         County, Florida, as described in Parcels No. 3,

 6         13, 14, 23, 24, 25, 26, 27, 28, 29, 40, 41, 42,

 7         43, 44, 45, 46, 47, 48, 49, 53, 54, 55, 56, 57,

 8         61, 62, 67, 68, 70, 72, 74, 75, 76, 77, 78, 87,

 9         90, 91, 92, 99, and 128, Lee County Case No.

10         71-1137.

11  

12         E.  A parcel of land located in Section 5,

13         Township 44 South, Range 24 East, described as:

14         From the Southeast corner of Section 5,

15         Township 44 South, Range 24 East; run Northerly

16         along the East line of said Section 5 for 33.17

17         feet to the North line of Pondella Road; thence

18         run West parallel to and 33 feet from the

19         centerline of Pondella Road for 720 feet to the

20         Point of Beginning. Thence continue West along

21         the North side of Pondella for 180 feet; thence

22         run North on a perpendicular to Pondella for

23         312 feet, thence run Westerly parallel to

24         Pondella for 180 feet; thence run North and

25         perpendicular to Pondella for 1005.2 feet;

26         thence run East and perpendicular to Pondella

27         for 360 feet; thence run South along a

28         perpendicular to Pondella for 1317.2 to the

29         Point of Beginning as described in Parcel "F",

30         Lee County Case No. 71-251.

31  

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    Florida Senate - 2003        (NP)                      SB 2874
    37-934-03                                           See HB 421




 1         F.  A tract or parcel of land situated in the

 2         State of Florida, County of Lee, being a part

 3         of Section 20 and Section 29, Township 44

 4         South, Range 23 East, and further bounded and

 5         described as follows:

 6  

 7         Beginning at the southeast corner of the

 8         northwest one quarter (NW 1/4) of said Section

 9         29; Thence S89°34'12"W along the south line of

10         said northwest one quarter (NW 1/4) for 1627.86

11         feet; Thence N00°25'48"W for 283.17 feet;

12         Thence N10°06'26"E for 526.78 feet; Thence

13         N88°00'44"E for 25.27 feet; Thence N11°37'39"W

14         for 126.79 feet; Thence N40°10'46"W for 78.86

15         feet; Thence N32°09'21"W for 125.00 feet;

16         Thence S57°50'39"W for 152.19 feet; Thence

17         N04°59'57"W for 723.70 feet; Thence N26°25'24"E

18         for 262.19 feet; Thence N14°52'17"E for 495.94

19         feet; Thence N28°44'22"W for 307.15 feet;

20         Thence N22°45'14"E for 111.36 feet to an

21         intersection with a curve concave to the

22         northwest having a radius of 65.00 feet and

23         which intersection a radial line bears

24         S29°16'46"W; Thence Easterly, Northeasterly,

25         and Northerly along said curve through a

26         central angle of 140°26'17" for 159.32 feet;

27         Thence N37°19'25"E along a line not tangent to

28         said curve for 145.06 feet; Thence N72°32'22"W

29         for 766.49 feet; Thence S79°31'57"W for 125.20

30         feet; Thence N13°44'06"W for 88.04 feet to the

31         beginning of a curve concave to the east having

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    Florida Senate - 2003        (NP)                      SB 2874
    37-934-03                                           See HB 421




 1         a radius of 100.00 feet; Thence Northerly along

 2         said curve through a central angle of 14°01'19"

 3         for 24.47 feet; Thence S76°15'54"W along a line

 4         not tangent to said curve for 62.98 feet to an

 5         intersection with a curve concave to the

 6         southwest having a radius of 119.75 feet and to

 7         which intersection a radial line bears

 8         N76°15'54"E; Thence Northwesterly along said

 9         curve through a central angle of 81°21'07" for

10         170.03 feet to a parcel of reverse curve

11         concave to the northeast having a radius of

12         209.09 feet; Thence Northwesterly along said

13         curve through a central angle of 95°46'09" for

14         349.49 feet; Thence N89°19'04"W along the

15         extension of a line radial to said curve for

16         75.00 feet to an intersection with the west

17         line of the southwest one quarter (SW 1/4) of

18         the aforesaid Section 20; Thence N00°40'56"E

19         along said west line for 1951.10 feet, to the

20         southwest corner of the northwest one quarter

21         (NW 1/4) of said Section 20; Thence N00°40'04"E

22         along the west line of said northwest one

23         quarter (NW 1/4) for 1030.13 feet; Thence

24         N00°08'86"W for 1305.34 feet to the southerly

25         right-of-way line of Pine Island Road; Thence

26         S89°59'19"E along said right-of-way line for

27         168.64 feet; Thence S00°16'07"E for 1305.45

28         feet; to the aforesaid south line of the north

29         one half (N 1/2) of the northwest one quarter

30         (NW 1/4) of Section 20; Thence S89°57'21"E

31         along said south line for 1545.20 feet; Thence

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    Florida Senate - 2003        (NP)                      SB 2874
    37-934-03                                           See HB 421




 1         S01°28'16"E along the east line of said

 2         northwest one quarter (NW 1/4) of Section 20

 3         for 1339.76 feet; Thence S01°28'16"E along the

 4         east line of the aforesaid southwest one

 5         quarter (SW 1/4) of Section 20 for 2656.31

 6         feet; Thence S00°09'12"E along the east line of

 7         the aforesaid northwest one quarter (NW 1/4) of

 8         Section 29 for 2898.67 feet to the Point of

 9         Beginning.

10  

11         G.  Twenty-nine contiguous parcels located

12         within Sections 20 and 21, Township 44 South,

13         Range 23 East; individually described as

14         follows:

15  

16         1.  Lot 14, Tract D of that certain subdivision

17         known as Saddlewood Farms, as recorded in

18         Official Records Book 1290, page 245 and 246

19         and more particularly described as follows: The

20         south one half (S 1/2) of the southwest one

21         quarter (SW 1/4) of the northeast one quarter

22         (NE 1/4) of the southeast one quarter (SE 1/4)

23         of Section 20, Township 44 South, Range 23

24         East, Lee County, Florida.

25  

26         2.  The south half of Lot 13, Tract D,

27         Saddlewood Farms Official Records Book, page

28         245 and 246, public records of Lee County,

29         Florida more particularly described as follows:

30         The south half (S 1/2) of the north one half (N

31         1/2) of the southwest one quarter (SW 1/4) of

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    Florida Senate - 2003        (NP)                      SB 2874
    37-934-03                                           See HB 421




 1         the northeast one quarter (NE 1/4) of the

 2         southeast one quarter (SE 1/4) of Section 20,

 3         Township 44 South, Range 23 East, Lee County,

 4         Florida.

 5  

 6         3.  The north half of Lot 13, Tract D,

 7         Saddlewood Farms Official Records Book, page

 8         245 and 246, public records of Lee County,

 9         Florida more particularly described as follows:

10         The north half (N 1/2) of the north one half (N

11         1/2) of the southwest one quarter (SW 1/4) of

12         the northeast one quarter (NE 1/4) of the

13         southeast one quarter (SE 1/4) of Section 20,

14         Township 44 South, Range 23 East, Lee County,

15         Florida.

16  

17         4.  The west half (W 1/2) of the west one half

18         (W 1/2) of the northwest one quarter (NW 1/4)

19         of the northeast one quarter (NE 1/4) of the

20         southeast one quarter (SE 1/4) of Section 20,

21         Township 44 South, Range 23 East, Lee County,

22         Florida.  Being the west half of Lot 12, Tract

23         D, Saddlewood Farms Subdivision as shown as

24         plat recorded in Official Records Book 1290,

25         page 246 of the Public Records of Lee County,

26         Florida.

27  

28         5.  The east half (E 1/2) of the west one half

29         (W 1/2) of the northwest one quarter (NW 1/4)

30         of the northeast one quarter (NE 1/4) of the

31         southeast one quarter (SE 1/4) of Section 20,

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    Florida Senate - 2003        (NP)                      SB 2874
    37-934-03                                           See HB 421




 1         Township 44 South, Range 23 East, Lee County,

 2         Florida.  Being the west half of Lot 12, Tract

 3         D, Saddlewood Farms Subdivision as shown as

 4         plat recorded in Official Records Book 1290,

 5         page 246 of the Public Records of Lee County,

 6         Florida.

 7  

 8         6.  Lot 11, Tract D of that certain subdivision

 9         known as Saddlewood Farms, Inc. more

10         particularly described as the east one half (E

11         1/2) of the northwest one quarter (NW 1/4) of

12         the northeast one quarter (NE 1/4) of the

13         southeast one quarter (SE 1/4) of Section 20,

14         Township 44 South, Range 23 East, Lee County,

15         Florida.

16  

17         7.  Lot 5, Tract D of that certain subdivision

18         known as Saddlewood Farms, more particularly

19         described as the west one half (W 1/2) of the

20         southwest one quarter (SW 1/4) of the southeast

21         one quarter (SE 1/4) of the northeast one

22         quarter (NE 1/4) of Section 20, Township 44

23         South, Range 23 East, Lee County, Florida.

24  

25         8.  Lot 6, Tract D of that certain subdivision

26         known as Saddlewood Farms, more particularly

27         described as the east one half (E 1/2) of the

28         southwest one quarter (SW 1/4) of the southeast

29         one quarter (SE 1/4) of the northeast one

30         quarter (NE 1/4) of Section 20, Township 44

31         South, Range 23 East, Lee County, Florida.

                                  10

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    Florida Senate - 2003        (NP)                      SB 2874
    37-934-03                                           See HB 421




 1  

 2         9.  Lot 4, Tract D of that certain subdivision

 3         known as Saddlewood Farms, as recorded in

 4         Official Records Book 1290, page 245 and 246

 5         and more particularly described as the south

 6         one half (S 1/2) of the northwest one quarter

 7         (NW 1/4) of the southeast one quarter (SE 1/4)

 8         of the northeast one quarter (NE 1/4) of

 9         Section 20, Township 44 South, Range 23 East,

10         Lee County, Florida.

11  

12         10.  Lot 3, Tract D of that certain subdivision

13         known as Saddlewood Farms, as recorded in

14         Official Records Book 1290, page 245 and 246

15         and more particularly described as the north

16         one half (N 1/2) of the northwest one quarter

17         (NW 1/4) of the southeast one quarter (SE 1/4)

18         of the northeast one quarter (NE 1/4) of

19         Section 20, Township 44 South, Range 23 East,

20         Lee County, Florida.

21  

22         11.  Lot 10, Tract D of that certain

23         subdivision known as Saddlewood Farms, as

24         recorded in Official Records Book 1290, page

25         245 and 246 and more particularly described as

26         the west one half (W 1/2) of the northeast one

27         quarter (NE 1/4) of the northeast one quarter

28         (NE 1/4) of the southeast one quarter (SE 1/4)

29         of Section 20, Township 44 South, Range 23

30         East, Lee County, Florida.

31  

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    Florida Senate - 2003        (NP)                      SB 2874
    37-934-03                                           See HB 421




 1         12.  Lot 7, Tract D, unrecorded subdivision

 2         Saddlewood Farms, as recorded in Official

 3         Records Book 1290, page 246 in the west one

 4         half (W 1/2) of the southeast one quarter (SE

 5         1/4) of the southeast one quarter (SE 1/4) of

 6         the northeast one quarter (NE 1/4) of Section

 7         20, Township 44 South, Range 23 East, Lee

 8         County, Florida.

 9  

10         13.  The north half of Lot 9, Tract D of that

11         certain subdivision known as Saddlewood Farms,

12         more particularly described as the east one

13         half (E 1/2) of the northeast one quarter (NE

14         1/4) of the northeast one quarter (NE 1/4) of

15         the southeast one quarter (SE 1/4) of Section

16         20, Township 44 South, Range 23 East, Lee

17         County, Florida.

18  

19         14.  The south half of Lot 9, Tract D of that

20         certain subdivision known as Saddlewood Farms,

21         more particularly described as the east one

22         half (E 1/2) of the northeast one quarter (NE

23         1/4) of the northeast one quarter (NE 1/4 ) of

24         the southeast one quarter (SE 1/4) of Section

25         20, Township 44 South, Range 23 East, Lee

26         County, Florida.

27  

28         15.  Lot 1, Tract D of that certain subdivision

29         known as Saddlewood Farms, as recorded in

30         Official Records Book 1290, page 245 and 246,

31         and more particularly described as follows: The

                                  12

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    Florida Senate - 2003        (NP)                      SB 2874
    37-934-03                                           See HB 421




 1         east one half (E 1/2) of the northeast one

 2         quarter (NE 1/4) of the southeast one quarter

 3         (SE 1/4) of the northwest one quarter (NW 1/4)

 4         of Section 20, Township 44 South, Range 23 East

 5         plus

 6  

 7         Lot 9, Tract C of that certain subdivision

 8         known as Saddlewood Farms, more particularly

 9         described as the south one half (S 1/2) of the

10         southwest one quarter (SW 1/4) of the southwest

11         one quarter (SW 1/4) of the northwest one

12         quarter (NW 1/4) of Section 21, Township 44

13         South, Range 23 East, Lee County, Florida plus

14  

15         Lot 8, Tract D of that certain subdivision

16         known as Saddlewood Farms, as recorded in

17         Official Records Book 1290, page 245 and 246

18         and more particularly described as follows: the

19         east one half (E 1/2) of the southeast one

20         quarter (SE 1/4) of the southeast one quarter

21         (SE 1/4) of the northeast one quarter (NE 1/4)

22         of Section 20, Township 44 South, Range 23

23         East, Lee County Florida.

24  

25         16.  Lot 8, Tract C of that certain subdivision

26         known as Saddlewood Farms, as more particularly

27         described as the north one half (N 1/2) of the

28         southwest one quarter (SW 1/4) of the southwest

29         one quarter (SW 1/4) of the northwest one

30         quarter (NW 1/4) of Section 21, Township 44

31         South, Range 23 East, Lee County, Florida.

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    Florida Senate - 2003        (NP)                      SB 2874
    37-934-03                                           See HB 421




 1  

 2         17.  Lot 5, Tract C of that certain subdivision

 3         known as Saddlewood Farms, as more particularly

 4         described as the south one half (S 1/2) of the

 5         northwest one quarter (NW 1/4) of the southwest

 6         one quarter (SW 1/4) of the northwest one

 7         quarter (NW 1/4) of Section 21, Township 44

 8         South, Range 23 East, Lee County, Florida.

 9  

10         18.  Lot 4, Tract C of that certain subdivision

11         known as Saddlewood Farms, as more particularly

12         described as the north one half (N 1/2) of the

13         northwest one quarter (NW 1/4) of the southwest

14         one quarter (SW 1/4) of the northwest one

15         quarter (NW 1/4) of Section 21, Township 44

16         South, Range 23 East, Lee County, Florida.

17  

18         19.  Lot 11, Tract C of that certain

19         subdivision known as Saddlewood Farms, as more

20         particularly described as the north one half (N

21         1/4) of the northeast one quarter (NE 1/4) of

22         the northwest one quarter (NW 1/4) of the

23         southwest one quarter (SW 1/4) of Section 21,

24         Township 44 South, Range 23 East, Lee County,

25         Florida.

26  

27         20.  Lot 10, Tract C of that certain

28         subdivision known as Saddlewood Farms, as more

29         particularly described as the south one half (S

30         1/2) of the southeast one quarter (SE 1/4) of

31         the southwest one quarter (SW 1/4) of the

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    Florida Senate - 2003        (NP)                      SB 2874
    37-934-03                                           See HB 421




 1         northwest one quarter (NW 1/4) of Section 21,

 2         Township 44 South, Range 23 East, Lee County,

 3         Florida.

 4  

 5         21.  The south half of Lot 7, Tract C, of that

 6         certain subdivision known as Saddlewood Farms,

 7         more particularly described as the north one

 8         half (N 1/2) of the southeast one quarter (SE

 9         1/4) of the southwest one quarter (SW 1/4) of

10         the northwest one quarter (NW 1/4) of Section

11         21, Township 44 South, Range 23 East, Lee

12         County, Florida.

13  

14         22.  The north half of Lot 7, Tract C, of that

15         certain subdivision known as Saddlewood Farms,

16         more particularly described as the north one

17         half (N 1/2) of the southeast one quarter (SE

18         1/4) of the southwest one quarter (SW 1/4) of

19         the northwest one quarter (NW 1/4) of Section

20         21, Township 44 South, Range 23 East, Lee

21         County, Florida.

22  

23         23.  The south half of Lot 6, Tract C, of that

24         certain subdivision known as Saddlewood Farms,

25         more particularly described as the south one

26         half (S 1/2) of the northeast one quarter (NE

27         1/4) of the southwest one quarter (SW 1/4) of

28         the northwest one quarter (NW 1/4) of Section

29         21, Township 44 South, Range 23 East, Lee

30         County, Florida.

31  

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    Florida Senate - 2003        (NP)                      SB 2874
    37-934-03                                           See HB 421




 1         24.  The north half of Lot 6, Tract C, of that

 2         certain subdivision known as Saddlewood Farms,

 3         more particularly described as the south one

 4         half (S 1/2) of the northeast one quarter (NE

 5         1/4) of the southwest one quarter (SW 1/4) of

 6         the northwest one quarter (NW 1/4) of Section

 7         21, Township 44 South, Range 23 East, Lee

 8         County, Florida.

 9  

10         25.  The East 543 feet of the west one half (W

11         1/2) of the northeast one quarter (NE 1/4) of

12         the northwest one quarter (NW 1/4) of Section

13         21, Township 44 South, Range 23 East, Lee

14         County, Florida.  Less the easternmost 213

15         feet.

16  

17         26.  The East 213 feet of the west one half (W

18         1/2) of the northeast one quarter (NE 1/4) of

19         the northwest one quarter (NW 1/4) of Section

20         21, Township 44 South, Range 23 East, Lee

21         County, Florida.

22  

23         27.  The north one half (N 1/2) of the

24         northeast one quarter (NE 1/4) of the southwest

25         one quarter (SW 1/4) of the northwest one

26         quarter (NW 1/4) of Section 21, Township 44

27         South, Range 23 East, Lee County, Florida.

28  

29         28.  Lot 2, Tract D of that certain subdivision

30         known as Saddlewood Farms, as recorded in

31         Official Records Book 1290, page 246.

                                  16

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    Florida Senate - 2003        (NP)                      SB 2874
    37-934-03                                           See HB 421




 1  

 2         29.  Lots 15 and 16, Tract D of that certain

 3         subdivision known as Saddlewood Farms, best

 4         described as follows: the southeast one quarter

 5         (SE 1/4) of the northeast one quarter (NE 1/4)

 6         of the southeast one quarter (SE 1/4) of

 7         Section 20, Township 44 South, Range 23 East,

 8         Lee County, Florida.

 9  

10         Section 2.  The interlocal agreement for the proposed

11  annexation of the described County-administered enclaves as

12  developed by the City of Cape Coral and Lee County shall be

13  filed with the clerk of the city and the clerk of the courts

14  for the county, and a duly advertised public hearing shall be

15  held by both the city and the county, respectively, prior to

16  the adoption of the interlocal agreement by the city council

17  and the county commission.  No changes to the terms and

18  conditions of the interlocal agreement may be made by either

19  the city or the county once filed with the respective clerks

20  prior to the public hearings for consideration of the adoption

21  of the interlocal agreement.

22         Section 3.  (1)  Subsequent to the adoption of the

23  interlocal agreement between the city and the county, and

24  prior to the implementation of the proposed annexation by the

25  city of the described county enclaves, a referendum shall be

26  held by the city in the City of Cape Coral and within the

27  proposed described enclave areas to be annexed for the

28  ratification and approval of the interlocal agreement by the

29  registered electorates therein.

30         (2)  The interlocal agreement shall be presented

31  separately to the registered voters residing within the city

                                  17

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






    Florida Senate - 2003        (NP)                      SB 2874
    37-934-03                                           See HB 421




 1  and the registered voters residing within the proposed annexed

 2  areas as further described in section 1 of this act.  The

 3  procedures for conducting the referendum shall be pursuant to

 4  the requirements as set out in section 171.0413(2), Florida

 5  Statutes, as amended from time to time.  Upon a majority vote

 6  in favor of the interlocal agreement by the registered voters

 7  of the City of Cape Coral and a majority vote of the combined

 8  registered voters residing in all county enclaves to be

 9  annexed, the interlocal agreement shall be deemed to be

10  ratified and approved and shall become effective as provided

11  for in the interlocal agreement but otherwise not more than 1

12  year following the referendum.  The referendum for

13  ratification and approval of the interlocal agreement for

14  annexation may be conducted by the city at any regular

15  election following the adoption of the interlocal agreement by

16  the city and the county.

17         Section 4.  (1)  For the areas subsequently annexed

18  into the city by interlocal agreement, the city shall assume

19  all of the municipal service duties of Lee County pursuant to

20  the terms and conditions of the approved interlocal agreement.

21         (2)  The transfer from the county to the city of county

22  municipal service infrastructure located within the annexed

23  areas shall be pursuant to the terms and conditions of the

24  approved interlocal agreement.

25         Section 5.  Should any law or part of a law be in

26  conflict with this act, such law is superseded to the extent

27  of the conflict.

28         Section 6.  This act shall take effect upon becoming a

29  law.

30  

31  

                                  18

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