The municipality hereby established shall be known as the City of Cape Coral.

The territorial limits of said municipality are defined as follows:

Begin at a point where the intersection of the south line of Section 19, Township 44 South, Range 23 East intersects the shoreline of Matlacha Pass; thence run southerly along said shoreline of Matlacha Pass the following courses and distances: S 08º 23' 45" E 1120.24 feet, S 24º 57' 31" E 1464.82 feet, S 40º 28' 14" E 1443.81 feet, S 26º 49' 45" E 1700.83 feet, S 09º 10' 34" W 2012.80 feet, S 39º 18' 26" E 1290.47 feet, S 41º 45' 47" W 963.83 feet, S 14º 29' 01" W 1804.76 feet, S 17º 49' 47" E 1562.85 feet; thence passing from Section 31, Township 44 South, Range 23 East into Section 6, Township 45 South, Range 23 East run the following courses and distances: S 02º 59' 01" W 2119.73 feet, S 28º 59' 49" W 2648.56 feet, S 07º 31' 15" E 1218.69 feet, S 42º 07' 00" W 1480.72 feet, N 78º 52' 59" W 1921.82 feet, S 36º 07' 03" W 2484.51 feet, S 27º 10' 45" E 2750.01 feet, S 02º 54' 58" E 979.82 feet, N 83º 55' 06' E 661.70 feet, S 22º 14' 05" E 1369.98 feet, S 01º 15' 36" W 1368.30 feet, S 60º 58' 35" W 699.74 feet, S 50º 41' 31" E 3105.15 feet, S 12º 51' 19" E 716.93 feet, S 66º 58' 43" E 2144.74 feet, S 06º 54' 02" E 2323.40 feet, S 74º 51' 11" E 1528.57 feet, S 07º 54' 52" E 796.41 feet, S 23º 02' 52" W 1844.72 feet to a point in Section 30, Township 45 South, Range 23 East called Sword Point at the intersection of the shore of Matlacha Pass and the Caloosahatchee River; thence run easterly along the north shore of the Caloosahatchee River N 80º 17' 49" E 1426.08 feet, N 71º 20' 55" E 1315.24 feet, N 63º 01' 29" E 838.98 feet, N 59º 35' 01" E 890.15 feet, N 74º 45' 40" E 1219.25 feet, S 75º 41' 34" E 2222.31 feet, N 69º 46' 45" E 1593.62 feet, N 33º 34' 11" E 1334.17 feet, N 82º 37' 42" E 1326.92 feet, N 79º 30' 57" E 770.53 feet, N 15º 38' 04" W 1414.35 feet to a point near the southwest corner of "Cape Coral Unit 67" as recorded in Plat Book 25 at pages 57 through 65 of the Lee County Public Records, said point also being located in Section 22, Township 45 South, Range 23 East; thence continue along the shoreline of the Caloosahatchee River the following courses and distances: S 72º 27' 53" E 1017.43 feet, N 82º 35' 46" E 776.90 feet, S 80º 14' 01" E 588.85 feet, S 00º 47' 47" W 1438.53 feet, S 48º 37' 26" E 906.70 feet, N 77º 40' 26" E 891.02 feet, N 63º 07' 57" E 886.09 feet, N 84º 05' 26" E 2917.11 feet, S 84º 04' 41" E 774.56 feet, N 55º 34' 00" E 655.08 feet, (See Page 20 for continuation of Bulkhead Line legal description) thence southeasterly a distance of 300.00 feet; thence northeasterly along a line extending 300.00 feet water ward from the existing shoreline to a point on the section line lying between Sections 28 and 33, Township 44 South, Range 24 East and the north end of said Bulkhead Line; thence run along said section line N 88º 35' 04" E 19.76 feet to the westerly limits of the City of Fort Myers; thence run along said City Limit Line to a point where a line lying 680 feet north of and parallel with the section line between Sections 21 and 28, Township 44 South, Range 24 East intersects said City of Fort Myers limit line; thence run along said parallel line N 89º 59' 47" W 2229.62 feet to the section line lying between Sections 20 and 21, Township 44 South, Range 24 East; thence run along said section line N 00º 35' 37" W 2010.93 feet to the easterly quarter corner of Section 20, Township 44 South, Range 24 East; thence continue along said section line N 00º 01' 17" E 2657.05 feet to the southeast corner of Section 17, Township 44 South, Range 24 East; thence run along the easterly line of Section 17 N 00º 57' 33" E 2718.39 feet to the easterly quarter corner of Section 17, Township 44 South, Range 24 East; thence continue along said section line N 00º 57' 13" E 2717.95 feet to the southeast corner of Section 8, Township 44 South, Range 24 East; thence run along the easterly line of said Section 8 N 00º 05' 45" E 262.80 feet; thence S 88°56'25" E 150.00 feet; thence N 00°05'46" E 400.00 feet; thence N 88°56'25" W 150.00 feet; thence N 00º 05' 45" E 1988.98 feet to the quarter corner common to Section 8 and Section 9; thence run along southerly line of the west 1/2 of the west 1/2 of the northwest 1/4 ( W 1/2 W 1/2 NW 1/4) of said Section 9 S 89º 23' 14" E 652.01 feet to the southeasterly corner of said fractional section; thence run along the easterly line of said fractional section N 00º 11' 15" E 2657.10 feet to the northeasterly corner of said fractional section, said corner being also a point on the centerline of Pondella Road and the southeasterly corner of the southwest 1/4 of the southwest 1/4 of the southwest 1/4 (SW 1/4 SW 1/4 SW 1/4) of Section 4, Township 44 South, Range 24 East; thence run along the easterly line of said fractional section N 05º 04' 12" W 678.83 feet to the northeasterly corner of said fractional section; thence run along the southerly line of the northeast 1/4 of the southwest 1/4 of the southwest 1/4 (NE 1/4 SW 1/4 SW 1/4) and the northwest 1/4 of the southeast 1/4 of the southwest 1/4 (NW 1/4 SE 1/4 SW 1/4) of said Section 4 S 89º 44' 12" E 1310.84 feet to the southeasterly corner of said fractional section; thence run along the easterly line of said fractional section N 04º 47' 21" W 679.25 feet to the northeasterly corner of said fractional section; thence run along the northerly line of said fractional section N 89º 46' 05" W 657.06 feet to the northwesterly corner of said fractional section; thence run along the easterly line of the southeast 1/4 of the northwest 1/4 of the southwest 1/4 (SE 1/4 NW 1/4 SW 1/4) of said Section 4 N 04º 55' 46" W 653.94 feet to a point on the southerly right-of-way line of Orchid Road (50 feet wide); thence run along said southerly right-of-way line N 89º 47' 58" W 708.85 feet to a point on the westerly right-of-way line of said Orchid Road; thence run along said westerly right-of-way line N 05º 04' 12" W 703.88 feet to a point on the east-west quarter section line of said Section 4; thence continue to run along said westerly right-of-way line N 05º 04' 02" W 559.02 feet to a point of intersection with the southerly right-of-way line of State Road 78 (Pine Island Road) thence run along said southerly right-of-way line S 62º 00' 45" W 660.26 feet to a point of intersection with the westerly line of the northwest 1/4 (NW 1/4) of said Section 4; thence run along the westerly line of said northwest 1/4 (NW 1/4) N 05º 11' 49" W 79.18 feet to a point on the northerly right-of-way line of said State Road 78; thence run along said northerly right-of-way N 62º 00' 45" E 2149.23 feet to a point on the westerly line of the east 1/2 of the east 1/2 of the northwest 1/4 (E 1/2 E 1/2 NW 1/4) of said Section 4; thence run along said westerly line of said fractional section N 04º 48' 31" W 1370.99 feet to the northwesterly corner of said fractional section; thence run along the northerly line of said fractional section N 89º 48' 10" E 666.11 feet to the north quarter corner of said Section 4, thence run along the northerly line of the northeast 1/4 (NE 1/4) of said Section 4 S 89º 59' 43" E 3.37 feet to a point on the easterly right-of-way line of Corbett Road as maintained, said point being also a non-tangent point on a curve; thence run southerly along said easterly right-of-way line on a curve concave to the west having for its elements a central angle of 11º 50' 29", a radius of 1,242.00 feet and a chord bearing and distance S 10º 02' 39" E 256.23 feet and arc distance of 256.69 feet; thence continue to run along said easterly right-of-way line S 04º 07' 24" E 687.23 feet; thence continue to run along said easterly right-of-way line S 14º 08' 29" E 78.18 feet to a point of intersection with the northerly right-of-way of said State Road 78; thence run along said northerly right-of-way line N 62º 00' 40" E 1254.38 feet to a Florida Department of Transportation right-of-way marker; thence run N 27º 59' 20" W 17.00 feet to a Florida Department of Transportation right-of-way marker; thence run N 62º 00' 40" E 650.11 feet to a point on the westerly bank of Yellow Fever Creek; thence run northwesterly along said bank N 51º 33' 07" W 128.10 feet; thence run N 00o 00' 17" E 25.00 feet on a line perpendicular to the northerly line of said Section 4 to a point on said northerly line; thence run along said northerly line S 89º 59' 43" E 290.00 feet to the southeasterly corner of the southwest 1/4 of the southeast 1/4 of the southeast 1/4 (SW 1/4 SE 1/4 SE 1/4) of Section 33, Township 43 South, Range 24 East; thence run along the easterly line of said fractional section N 03º 17' 47" E 664.33 feet to the northeasterly corner of said fractional section; thence run along the northerly line of said fractional section S 89º 59' 22" W 165.47 feet to a point on the easterly line of the west 1/2 of the east 1/2 of the west 1/2 of the east 1/2 of the southeast 1/4 (W 1/2 E 1/2 W 1/2 E 1/2 SE 1/4) of said Section 33, thence run along said easterly line of said fractional section N 03º 15' 23" E 1064.81 feet to an intersection with a line 400.00 feet north of and parallel to the northerly line of the southeast 1/4 of the southeast 1/4 (SE 1/4 SE 1/4) of said Section 33, thence run along said parallel line N 89º 58' 31" E 831.05 feet to a point of intersection with the easterly line of the southeast 1/4 (SE 1/4) of said Section 33; thence run along said easterly line of said fractional section N 03º 27' 20" E 928.61 feet to the east quarter (E 1/4) corner of said Section 33, thence run along the northerly line of said fractional section S 89º 56' 48" W 2002.29 feet to the southeasterly corner of the west 1/2 of the southwest 1/4 of the northeast 1/4 (W 1/2 SW 1/4 NE 1/4) of said Section 33; thence run along the easterly line of said fractional section N 02º 58' 38" E 1279.00 feet to an intersection with the south line of the north 50.00 feet of the west 1/2 of the southwest 1/4 of the northeast 1/4 (W 1/2 SW 1/4 NE 1/4) of said Section 33; thence run S 89º 54' 53" W 670.98 feet to a point 50.00 feet southerly of the northeasterly corner of the southeast 1/4 of the northwest 1/4 (SE 1/4 NW 1/4) of said Section 33; thence run S 89º 54' 43" W 327.24 feet on a line parallel to and 50.00 feet southerly of the northerly line of said fractional section to the approximate centerline of said Yellow Fever Creek; thence run along the centerline of said Yellow Fever Creek N 68º 37' 19" W 136.63 feet to a point on the northerly line of said fractional section; thence run along the northerly line of said fractional section S 89º 54' 43" W 948.45 feet to a point of intersection with the westerly right-of-way line of Corbett Road as maintained, said point being also a non-tangent point on a curve; thence run northerly along said westerly right-of-way line on a curve concave to the west having for its elements a central angle of 02º 33' 48", a radius of 1800.75 feet and a chord bearing and distance N 00º 21' 52" E 80.56 feet an arc distance of 80.56 feet; thence continue to run along said westerly right-of-way line N 00º 55' 02" W 1171.19 feet; thence continue to run along said westerly right-of-way line N 45º 27' 29" W 70.21 feet to a point of intersection with the southerly right-of-way line of Littleton Road; thence run along said southerly right-of-way line S 89º 28' 59" W 1161.53 feet to the northeasterly corner of a parcel of land conveyed to the Lee County Electric Cooperative in Official Record Book 322, at Page 678, Public Records of Lee County, Florida; thence run along the easterly line of said parcel S 00º 04' 18" E 217.00 feet to the southeasterly corner of said parcel; thence run along the southerly line of said parcel S 89º 52' 45" W 230.00 feet to the southwesterly corner of said parcel, being also a point on the westerly line of said Section 33; thence run along the westerly line of said parcel and said Section 33 N 00º 04' 18" W 250.00 feet to the corner common to Sections 28, 29, 32 and 33, Township 43 South, Range 24 East; thence run along the easterly line of said Section 29 N 00º 08' 09" W 2644.34 feet to the east quarter corner of said Section 29, being also the southeasterly corner of the east 1/2 of the southeast 1/4 of the northeast 1/4 (E 1/2 SE 1/4 NE 1/4) of Section 29, thence run along the southerly line of said fractional section S 89º 51' 23" W 640.23 feet to the southwesterly corner of said fractional section; thence run along the westerly line of said fractional section N 01º 20' 06" E 1308.58 feet to the northwesterly corner of said fractional section; thence run along the northerly line of said fractional section N 89º 38' 23" E 607.03 feet to the northeasterly corner of said fractional section; thence run along the easterly line of the northeast 1/4 of the northeast 1/4 (NE 1/4 NE 1/4) of said Section 29 N 00º 07' 09" W 1310.44 feet to the section corner common to the northeast corner of Section 29 and the northwest corner of Section 28; thence run along the section line common to Section 21 and Section 28, Township 43 South, Range 24 East N 88º 35' 49" E 2974.04 feet to the south quarter corner of said Section 21; thence continue along said south line S 89º 50' 03" E 2639.03 feet to the southeast corner of said Section 21, Township 43 South, Range 24 East; thence run along the easterly line of said Section 21 N 00º 01' 09" W 1477.16 feet; thence leaving said easterly section line run northeasterly N 74º 20' 03" E 1201.67 feet to the westerly right-of-way line of Highway U.S. 41; thence run northwesterly along said right-of-way line N 15º 39' 57" W 200.00 feet; thence continue along said right-of-way line N 74º 20' 03" E 32.00 feet and N 15º 39' 57" W 270.00 feet; thence run southwesterly leaving said right-of-way line S 74º 20' 03" W 1102.03 feet to the easterly section line of said Section 21; thence run northerly along the easterly section line of said Section 21 N 00º 01' 09" W 683.87 feet to the easterly quarter corner of said Section 21; thence continue along the easterly line of said Section 21 N 01º 21' 35" E 2242.82 feet; thence run northeasterly through Section 22, Township 43 South, Range 24 East N 74º 24' 02" E 220.03 feet to the westerly right-of-way line of Highway U.S. 41; thence run northwesterly along the said westerly right-of-way line of Highway U.S. 41 along the arc of a curve concave to the southwest having for its elements a central angle of 03º 26' 07", a radius of 5629.58 feet and a chord bearing and distance N 24º 21' 15" W 337.52 feet an arc distance of 337.52 feet; thence continue along said right-of-way line N 26º 04' 18" W 35.44 feet to a point where the north line of said Section 22 intersects said westerly right-of-way line of Highway U.S. 41; thence run westerly along the north line of said Section 22 S 89º 41' 33" W 47.73 feet to the northeast corner of Section 21, Township 43 South, Range 24 East; thence run along the north line of said Section 21 N 89º 56' 18" W 2622.98 feet to the north quarter corner of said Section 21; thence continue along the north line of said Section 21 S 89º 04' 55" W 3058.71 feet to the southeast corner of Section 17, Township 43 South, Range 24 East; thence run along the east line of said Section 17 N 00º 35' 56" E 2688.17 feet to the easterly quarter corner of said Section 17; thence continue along said easterly line N 00º 25' 24" W 2667.70 feet to the northeast corner of said Section 17; thence run along the north line of said Section 17 S 88º 21' 19" W 2349.04 feet to the north quarter corner of said Section 17; thence continue along the north line of said Section 17 N 88º 40' 41" W 2644.88 feet to the northeast corner of Section 18, Township 43 South, Range 24 East (According to Ordinance 24-05); thence run along the east line of Section 7, Township 43 South, Range 24 East (N 02º 32' 18" W 2689.72 feet to the east quarter corner of said Section 7; thence N 02º 03' 33" E 2639.48 feet to the southwest corner of Section 5, Township 43 South, Range 24 East; thence S 89º 40' 24" E 2266.64 feet to the south quarter corner of said Section 5; thence N 89º 52' 14" E 1682.06 feet along the south line of said Section 5; Thence N 00º 07' 46" W 80.00 feet leaving the south line of said Section 5; thence N 26° 03' 58" W 978.56 feet; thence N 89° 52' 14" E 1479.33 feet to an intersection with the west right-of-way line of Highway U.S. 41; thence N 26º 03' 58" W 4224.76 feet along said west right of way line to a point of curvature of a curve concave to the southwest having a radius of 7479.44 feet; thence along said curve to the left a distance of 509.47 feet through a central angle of 03º 54' 10", said curve is subtended by a chord which bears N 28º 01' 03"W a distance of 509.37 feet to the point of tangency; thence N 29º 58' 08" W a distance of 190.24 feet along said west right of way line to an intersection with the north line of said Section 5; thence S 89º 33' 12" W a distance of 73.31 feet to the north quarter corner of said Section 5; thence S 89° 39' 10"W a distance of 2620.15 feet along said north line to the northwest corner of said Section 5, Township 43 South, Range 24 East; thence S 01º 13' 48" W 2695.14 feet along the west line of said Section 5 to the west quarter corner; thence S 01º 12' 25" W 1326.20 feet to the northeast corner of the east one half of the southeast one quarter of the southeast one quarter of Section 6, Township 43 South, Range 24 East; thence N 88º 38' 47" W 665.50 feet along the north line of said fractional section line to the northwest corner of the east one half of the southeast one quarter of the southeast one quarter of Section 6, Township 43 South, Range 24 East; thence S 01° 12' 20" W 1338.36 feet along the west line of said fractional section line to the southwest corner of the east one half of the southeast one quarter of the southeast one quarter of Section 6, Township 43 South, Range 24 East, and a point on the south line of said Section 6; thence N 89º 41' 37" W 1996.65 feet along said south line of said Section 6 to the south quarter corner; thence N 85º 33' 54" W 2746.91 feet along said south line of said Section 6 to the southwest corner; thence S 00º 47' 36" W 2668.99 feet along the west line of Section 7, Township 43 South, Range 24 East to the west quarter corner of said Section 7; thence S 00º 47' 07" W 2669.11 feet along the west line of said Section 7 to the northwest corner of said Section 18; thence run along the west line of said Section 18 S 00º 20' 44" W 2711.35 feet to the west quarter corner of said Section 18; thence continue along said westerly line of Section 18 S 00º 44' 56" W 2661.05 feet to the northwest corner of Section 19, Township 43 South, Range 24 East; thence run along the westerly line of said Section 19 S 01º 04' 45" W 2690.55 feet to the west quarter corner of said Section 19; thence continue along said west line S 00º 08' 13" E 2652.21 feet to the northeast corner of Section 25, Township 43 South, Range 23 East; thence run along the north line of said Section 25 S 89º 39' 26" W 2647.24 feet to the north quarter corner of said Section 25; thence continue along said north line S 89º 25' 38" W 2658.91 feet to the southeast corner of Section 23, Township 43 South, Range 23 East; thence run along the easterly line of said Section 23 N 00º 26' 31" E 2274.82 feet; thence run through Section 23 S 62º 46' 04" W 4939.09 feet to the north line of Section 26, Township 43 South, Range 23 East; thence run along the north line of said Section 26 N 89º 48' 30" W 940.88 feet to the northwest corner of said Section 26 and the northeast corner of Section 27, Township 43 South, Range 23 East; thence (according to Ordinance 98-07) run along the east line of the southeast quarter of the southeast quarter of Section 22, Township 43 South, Range 23 East N 00º 25'16"E 1340.90 feet to the northeast corner of said fractional section; thence run N 89º 41' 51" W 1334.68 feet along the north line of said fractional section to the northwest corner of said fractional section; thence (according to Ordinance 26-05) N 89º 41' 44"W 1334.61 feet along the north line of the southwest quarter of the southeast quarter of said Section 22 to the northwest corner of said fractional section; thence N 00º 11' 47" E 1342.33 feet along the east line of the southwest quarter of said Section 22 to the northeast corner of said southwest quarter; thence N 89º 40' 08" W a distance of 2007.41 feet along the north line of said southwest quarter; thence S 00º 01' 21" E 1343.42 feet along a line parallel with the west line of the southwest quarter of said Section 22 to a point on the north line of the southwest quarter of the southwest quarter of said Section 22; thence S 89° 41' 59" E 667.42 feet along the north line of the southwest quarter of the southwest quarter of said Section 22 to the northeast corner of said fractional section; thence S 00° 05' 13" W 1343.05 feet along the east line of said fractional section to the southeast corner of said fractional section, and a point on the south line of said Section 22; thence N 89° 43' 50" W 1332.28 feet along said south line to the southwest corner of said Section 22, Township 43 South, Range 23 East; thence (according to Ordinance 25-05) N 00º 01' 21" W 2687.55 feet along the east line of the southeast quarter of Section 21, Township 43 South, Range 23 East to the northeast corner of said southeast quarter; thence N 00º 01' 32" W 2687.92 feet along the east line of the northeast quarter of said Section 21 to the northeast corner of said Section 21; thence S 89º 41' 37" W 2717.50 feet along the north line of the northeast quarter of said Section 21 to the northwest corner of said fractional section; thence S 89° 42' 10" W 1916.51 feet along said north line of said Section 21; thence S 54º 17' 36" W 118.09 feet leaving said north line of said Section 21; thence S 78º 20' 38" W 301.91 feet; thence S 15º 21' 13" W 262.95 feet; thence S 18° 10' 46"E 451.89 feet; thence S 33º 57' 11" W 319.46 feet; thence S 35° 48' 07"W 468.40 feet; thence N 66° 47' 49" W 42.84 feet to a point on the west line of the northwest quarter of Section 21, Township 43 South, Range 23 East; thence continuing N 66º 47' 49" W 377.85 feet into the northeast quarter of Section 20, Township 43 South, Range 23 East; thence S 18º 49' 16" W 468.74 feet; thence S 08º 13' 52" W 274.82 feet; thence S 04° 42' 08" E 209.62 feet; thence S 89º 37' 02" W 1504.13 feet along the south line of the north 135 acres of the east half of said Section 20 (according to Ordinance 82-08); thence N 14° 07' 22" W 309.02 feet; thence N 04º 51' 51" W 328.57 feet; thence N 30° 46' 26" E 373.82 feet; thence N 47º 37' 42" E 418.12 feet; thence N 52° 52' 36" E 419.74 feet; thence N 29º 30' 00" E 428.71 feet; thence N 49º 17' 46" W 233.40 feet; thence N 15º 46' 07" W 212.80 feet to a point on the north line of Section 20, Township 43 South, Range 23 East; thence continuing N 15º 46' 07" W 89.89 feet into Section 17, Township 43 South, Range 23 East; thence N 55º 38' 13" E 549.53 feet; thence N 42° 55' 12" E 375.71 feet; thence N 13º 01' 14" W 493.30 feet; thence N 63º 35' 28" E 412.89 feet; thence S 82º 04' 31" E 408.21 feet to a point on the east line of said Section 17; thence N 00º 53' 51" E 1425.75 feet along said east line to the east quarter corner of said Section 17; thence N 00º 54' 06" E 2697.18 feet along said east line to the northeast corner of said Section 17; thence S 88º 35' 09" W 2674.19 feet along the north line of the northeast quarter of said Section 17 to the north quarter corner of said Section 17; thence S 00º 47' 41" W 5345.30 feet along the west line of the east half of said Section 17 to the south quarter corner of said Section 17; thence S 89° 37' 06" W 2663.07 feet along the south line of the southwest quarter of said Section 17 to the southeast corner of Section 18, Township 43 South, Range 23 East; thence run along the easterly line of said Section 18 N 00º 18' 15" E 2648.42 feet to the east quarter corner of Section 18; thence continue along said east line N 00º 18' 16" E 2648.42 feet to the southeast corner of Section 7, Township 43 South, Range 23 East; thence run along the easterly line of said Section 7 N 01º 57' 06" E 2827.30 feet to the east quarter corner of said Section 7; thence continue along said east line of Section 7 N 01º 57' 06" E 2827.30 feet to the northeast corner of Section 7; thence (according to Ordinance 71-83) run along the easterly line of Section 6, Township 43 South, Range 23 East N 00º 41' 35" E 830.69 feet; thence run S 88º 22' 20" W 5302.18 feet to a point common to said Section 6, Township 43 South, Range 23 East and Section 1, Township 43 South, Range 22 East; thence run N 89º 35' 23" W 2733.91 feet more or less to the shoreline of Charlotte Harbor; thence run along the shore line of said Charlotte Harbor the following courses and distances: S 18º 00' 34" W 894.01 feet, S 13º 28' 18" W 1135.63 feet, S 05º 47' 14" W 908.22 feet, S 03º 53' 52" W 1197.51 feet, S 66º 19' 18" W 200.00 feet, S 16º 11' 40" W 1787.75 feet, S 17º 40' 32" W 4457.28 feet and S 33º 22' 03" W 1924.16 feet to a point near the north line of Section 23, Township 43 South, Range 22 East; thence continue along said shore line S 30º 50' 38" W 3276.08 feet, S 19º 52' 56" W 2623.35 feet, S 10º 10' 52" W 1577.19 feet, S 02º 08' 07" W 2698.19 feet; thence continue S 19º 40' 48" W 2124.71 feet crossing what would be the extension of the section line between Sections 26 and 35, Township 43 South, Range 22 East; thence continue along said shore line S 07º 29' 59" E 1864.60 feet, S 29º 48' 07" W 2384.34 feet; thence continue along said shore line S 12º 06' 44" W 737.70 feet crossing the extension westerly of the township line between Township 43 South, Range 22 East and Township 44 South, Range 22 East; thence continue along said shore line the following courses and distances: S 04º 05' 57" W 1525.02 feet, S 21º 32' 31" W 1337.22 feet, S 00º 24' 49" E 1740.33 feet, S 13º 12' 58" E 1353.91 feet, S 33º 07' 01" E 2424.76 feet, S 51º 56' 04" E 2427.21 feet, S 12º 24' 44" W 1036.04 feet, S 49º 20' 49" E 1750.88 feet, S 62º 25' 52" E 2536.69 feet, S 01º 55' 58" W 1221.26 feet, S 53º 32' 24" E 1650.19 feet and S 80º 00' 11" E 213.96 feet to the northwest corner of Matlacha Shores (Plat Book 10, Page 29 of the Lee County Public Records); thence run along the boundary of said Matlacha Shores and Matlacha Isles the following courses and distances: S 89º 17' 45" E 595.00 feet, S 09º 33' 45" E 662.10 feet, S 89º 17' 45" E 708.50 feet to the northwest corner of Matlacha Isles; thence continue S 89º 17' 45" E 24.76 feet, N 63º 04' 15" E 1089.98 feet to a point of curve; thence run along the arc of a curve to the right having a radius of 1239.93 feet and a chord bearing and distance N 74º 01' 00" E 470.87 feet to a point not tangent to said curve; thence run N 00º 01' 25" W 178.21 feet, N 89º 58' 35" E 214.76 feet to the range line lying between Section 13 of Township 44 South, Range 22 East and Section 18, Township 44 South, Range 23 East; thence run through said Section 18 along the arc of a curve to the right having a radius of 148.03 feet and a chord bearing and distance S 42º 56' 17.5" E 216.83 feet to a point of reverse curve; thence run along the arc of a curve to the left having a radius of 265.56 feet and a chord bearing and distance of S 33º 51' 09" E 327.05 feet to a point of tangency; thence continue S 71º 51' 08" E 817.78 feet, N 00º 14' 24" E 1110.44 feet, S 89º 45' 36" E 1370.00 feet, S 00º 14' 24" W 105.00 feet, S 89º 45' 36" E 55.00 feet, S 00º 14' 24" W 1523.09 feet to a non-tangent point of curve; thence run along the arc of a curve to the left having a radius of 1104.43 feet and a chord bearing and distance S 79º 59' 50" E 10.14 feet to a point on said curve; thence run S 00º 14' 24" W 65.19 feet to the south quarter corner of Section 18, Township 44 South, Range 23 East; thence run along the southerly line of said Section 18, Township 44 South, Range 23 East S 89º 50' 18" E 2642.45 feet to the southwest corner of Section 17, Township 44 South, Range 23 East; thence run along the south line of said Section 17 S 89º 38' 02" E 5393.24 feet to the southwest corner of Section 16, Township 44 South, Range 23 East (said point being the Point of Commencement for Ordinance 99-02); thence run along the south line of said Section 16 N 87º 41' 52" E 2004.48 feet to the northeast corner of the west half of the northeast quarter of the northwest quarter (W 1/2 NE 1/4 NW 1/4) of Section 21, Township 44 South, Range 23 East; thence run along the easterly line of the west half of the northeast quarter of the northwest quarter (W 1/2 NE 1/4 NW 1/4) of Section 21 S 00º 29' 17" E 1339.31 feet to the southeast corner of said fractional section; thence run along the southerly line of said fractional section S 87º 41' 33" W 664.19 feet to the southwest corner of said fractional section; thence run along the westerly line of the southeast 1/4 of the northwest 1/4 (SE 1/4 NW 1/4) of said Section 21 S 00º 35' 35" E 1379.68 feet to the northeast corner of the north 1/2 of the north 1/2 of the northwest 1/4 of the southwest 1/4 (N 1/2 N 1/2 NW 1/4 SW 1/4) of said Section 21; thence run along the easterly line of said fractional section S 00º 35' 35" E 338.64 feet to the southeast corner of said fractional section; thence run along the southerly line of said fractional section S 89º 23' 58" W 693.70 feet to the southeast corner of the north 1/2 of the northwest 1/4 of the northwest 1/4 of the southwest 1/4 (N 1/2 NW 1/4 NW 1/4 SW 1/4) of section 21; thence (according to Ordinance 50-90) run along the east line of said fractional section N 01º 24' 32" W 333.33 feet; thence run along the north line of said fractional section S 89º 22' 44" W 676.10 feet to the northwest corner of the southwest 1/4 of section 21; thence run along the west line of the southwest 1/4 of section 21 S 01º 47' 17" E 1330.29 feet to the northeast corner of the south 1/2 of the southeast 1/4 (S 1/2 SE 1/4) of Section 20, Township 44 South, Range 23 East; thence (according to Ordinance 51-88) run along the northerly line of said fractional section S 89º 46' 18" W 1327.07 feet to the southeast corner of the northwest 1/4 of the southeast 1/4 (NW 1/4 SE 1/4) of said Section 20; thence run along the easterly line of said fractional section N 02º 11' 08" W 1330.06 feet to the southeast corner of the southwest 1/4 of the northeast 1/4 (SW 1/4 NE 1/4) of said Section 20; thence run along the easterly line of said fractional section N 01º 12' 00" W 1339.18 feet to a point on the southerly line of a parcel described in Ordinance No. 51-88 as "the north half (N 1/2) of the northeast quarter (NE 1/4) less the easterly 880 feet, and less the northerly 33 feet for road right-of-way, in Section 20, Township 44 South, Range 23 East, Lee County, Florida"; thence run along the southerly line of said parcel N 89º 42' 24" E 453.87 feet to the southeast corner of said parcel; thence run along the easterly line of said parcel N 00º 34' 09" W 1306.81 feet to the northeast corner of said parcel; being also a point on the southerly right-of-way line of State Road 78 (Pine Island Road); thence run along the northerly line of said parcel and the said southerly right-of-way line S 89º 38' 02" W 1816.24 feet to the northwest corner of said parcel; thence run along the westerly line of the northeast 1/4 (NE 1/4) of said Section 20, being also the easterly line of Royal Tee Subdivision as recorded in Plat Book 37, at pages 1 through 19, Public Records of Lee County, Florida, thence S 01º 50' 00" E for a distance of 117.04 feet to the southerly right-of-way line of Pine Island Road; (Ordinance 91-22) thence S 89 º32'13" E along said right-of-way for a distance of 874.00 feet to a non-tangent point of curve; thence run along the arc of a curve to the right having a radius of 11546.13 feet, delta angle of 3º12'20", for an arc distance of 645.99 feet, a chord bearing N 87º 56' 03" W, chord distance of 645.91 feet; Thence S 00º 06' 36" W for a distance of 1201.64 feet; Thence N 89º 26'07" W, for a distance of 1538.66 feet; Thence S 01º 50' 00" E for a distance of 1371.49 feet to the southwest corner of said fractional section; thence run along the westerly line of the north 1/2 of the northwest 1/4 of the southeast 1/4 (N 1/2 NW 1/4 SE 1/4) of said Section 20, being also the easterly line of said Royal Tee Subdivision S 01º 50' 45" E 665.24 feet to the northwest corner of the south 1/2 of the northwest 1/4 of the southeast 1/4 (S 1/2 NW 1/4 SE 1/4) of said Section 20; thence run along the northerly line of said fractional section N 89º 47' 10" E 30.00 feet to a point of intersection with a line 30.00 feet east of and parallel to the westerly line of said fractional section; thence run along said parallel line S 01º 50' 45" E 665.24 feet to a point of intersection with the northerly line of the south 1/2 of the southeast 1/4 (S 1/2 SE 1/4) of said Section 20; thence run along the northerly line of said fractional section S 89º 46' 18" W 30.00 feet to the northwest corner of said fractional section, being also a point on the easterly line of said Royal Tee Subdivision; thence run along the westerly line of said fractional section and the easterly line of said Royal Tee Subdivision S 01º 50' 45" E 1330.47 feet to the southwest corner of said fractional section; thence run westerly along the section line between the southwest 1/4 (SW 1/4) of said Section 20 and the northwest 1/4 (NW 1/4) of Section 29, Township 44 South, Range 23 East and along the section line between Sections 19 and 30, Township 44 South, Range 23 East a distance of 7,485.65 feet to the shore line of Matlacha Pass and the Point of Beginning of the herein described territorial limits. Bearings used herein are the same as the bearing system used for the applicable Public Records of Lee County, Florida.

And

Ordinance 99-2002: A parcel of land situated in the NE1/4 of the NE1/4, Section 20, and the NW1/4 of Section 21 all within Township 44 South, Range 23 East, Lee County, Florida, and being more particularly described as follows:

Commencing at the corner common to Sections 16, 17, 20, and 21, Township 44 South, Range 23 East; Thence S 00º 11' 36" W a distance of 33.00 feet along the Section line common to said Sections 20 and 21 to a point on the South right of way line of Pine Island Road and the point of beginning; Thence continuing S 00º 11' 36" W a distance of 7.04 feet to a point on the South right of way line of Pine Island Road; Thence N 87º 44' 40" E a distance of 1466.78 feet to a point on the South right of way line of Pine Island Road; Thence S 00º 12' 53" E a distance of 1311.18 feet to a point on the South line of the North one half of the Northwest one quarter (N1/2NW1/4) of said section 21; Thence S 88º 09' 29" W a distance of 1475.72 feet along the last described line to the Southwest corner of the Northwest one quarter of the Northwest one quarter (NW1/4NW1/4), of said section 21; Thence N 89º 28' 53" W a distance of 880.01 feet along the South line of the North one half of the Northeast one quarter (N1/2NE1/4), of said section 20; Thence N 00º 11' 36" E a distance of 1306.31 feet to an intersection with the South right of way line of Pine Island Road; Thence S 89º 35' 09" E a distance of 880.01 feet along the last described line to the point of beginning, said parcel containing 70.4895 Acres, more or less.

And

Ordinance 106-22: The East 213 feet of the West one half of the Northeast one quarter of the Northwest one quarter of Section 21, Township 44 South, Range 23 East, Less the North 40 feet for road right of way and less that part conveyed to the State of Florida Department of Transportation in Warranty Deed recorded in Instrument Number 2012000045545 Public Records of Lee County, Florida, descried as follows: Commence at the Northeast corner of the Northwest quarter of said Section 21; thence along the East line of said Northwest 1/4, South 00°23'23" East a distance of 1.09 feet to the survey base line of State Road 78; thence along said survey base line South 87°44'35" West a distance of 4.38 feet; thence continue along said survey base line South 87°44'20" West a distance of 665.55 feet; thence South 00°15'22" East a distance of 39.40 feet to the Southerly existing right of way line of said State Road 78 (per Official Records Book 1089, Page 1209, Public Records of Lee County, Florida) for a Point of Beginning; thence continue South 00°15'22" East a distance of 116.69 feet; thence South 87°44'20" West a distance of 29.47 feet; thence North 02°15'40" West a distance of 6.00 feet; thence South 87°44'20" West a distance of 183.45 feet; thence North 00°15'22" West a distance of 110.54 feet to said Southerly existing right of way line; thence along said Southerly existing right of way line, North 87°41'55" East a distance of 213.14 feet to the Point of Beginning.

And

The East 543 feet of the West Half (WW 1/2) of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of Section 21, Township 44 South, Range 23 East, LESS the East 213 feet of the West Half (W 1/2) of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of Section 21, Township 44 South, Range 23 East, LESS the North 40 feet of Road right of way, Lee County, Florida.

ALSO, LESS AND EXCEPT that portion of the Northwest 1/4 of Section 21, Township 44 South, Range 23 East, Lee County, Florida. Being described as follows:

Commence at the Northeast corner of the Northwest 1/4 of said Section 21; thence along the East line of said Northwest 1/4, South 00°23'23" East a distance of 1.09 feet to the survey base line of State Road 78; thence along said survey base line South 87°40'35" West a distance of 4.38 feet; thence continue along said survey base line South 87°44'20" West a distance of 878.68 feet; thence South 00°15'22" East a distance of 39.55 feet to the South existing right of way line of said State Road 78 (per Official Records Book 1089, Page 1209, Public Records of Lee County, Florida) for a POINT OF BEGINNING; thence continue South 00°15'22" East a distance of 110.54 feet; thence South 87°44'20" West a distance of 330.20 feet; thence North 00°15'22" West a distance of 110.31 feet to said south existing right of way line; thence along said south existing right of way line North 87°41'55" East a distance of 330.21 feet to the POINT OF BEGINNING.

And

INCLUDING THERETO THE FOLLOWING NON-CONTIGUOUS ANNEXED PARCELS:

N.C.T. 1.: Ordinance No. 1-88; the west 1/2 of the east 1/2 of the northeast 1/4 of the northeast 1/4 (W 1/2 E 1/2 NE 1/4 NE 1/4) of Section 19, Township 44 South, Range 23 East, Lee County, Florida, less the north thirty-three (33) feet for right-of-way of Pine Island Road.

N.C.T. 2.: Ordinance No. 72-88; Lot 18 of tract 2, of a recorded map, being the west 1/2 of the east 1/2 of the east 1/2 of the northeast 1/4 of the northeast 1/4 (W 1/2 E 1/2 E 1/2 NE 1/4 NE 1/4) of Section 19, Township 44 South, Range 23 East, described as follows: Beginning at the point marked by concrete monument marked 18 A 49 at south line of right-of-way of State Highway No. 78 and running southerly 1294.3 feet, thence running easterly 164 feet, thence running northerly 1295 feet to south line of right-of-way of Highway 78, thence westerly along said right-of-way line 165 feet to Point of Beginning. Said parcel contains 5 acres, more or less.

N.C.T. 3.: Ordinance No. 42-22; A plot or parcel of land, described as a portion of Lot 22, Tract 2, T.W. Steven's Estate (unrecorded subdivision), lying in a portion of Section 19, Township 44 South, Range 23 East, Le County Florida, said plot or parcel of land being more particularly described as follows:

Commencing at the Northeast corner of said Section 19; thence run N 89º 50'39" W along the North line of said Section 19 for 660.64 feet; thence run S 00º 24' 41" W to a point along the South right-of-way line of S.W. Pine Island Road (also known as S.R. 78) for 33.00 feet, to the Point of Beginning; thence run S 00º 24' 41" W to a point along the South line of the North half (N1/2) of the Northeast quarter (NE1/4) said Section 19 for 1289.75 feet; thence run N 89º 05'41" W along said line for 824.34 feet; thence run N 00º 20' 50" E along the East line of Woodland Park Subdivision, as recorded in plat book 9, page 89, public records of Lee County, Florida to a point lying along the South right-of-way line of S.W. Pine Island Road (also known as S.R. 78) for 1279.00 feet; thence run S 89º 50' 39" E along said South Right-of-way line, for 825.75 feet; to the Point of Beginning.

Containing 1,059,655.23 square feet, or 24.33 acres, more or less.

N.C.T. 4.: Ordinance No. 41-22; A plot or parcel of land lying in a portion of Section 20; Township 44 South, Range 23 East, Lee County, Florida, said plot or parcel of land being more particularly described as follows:

Commence at the northwest corner of said Section 20; Thence run S 89º 36' 38" E along the North line of said Section 20 for 674.37 feet; thence run S 00º 07' 50" W for 569.13 feet, to the Point of Beginning. Thence run S 00º 07' 50" W for 255.51 feet; thence run S 89º 33'38" E for 170.87 feet; thence run N 00º 01' 48" W for 255.51 feet; thence run N 89º 33' 33" W for 170.15 feet to the Point of Beginning.

Containing 43,565.49 square feet, or 1.0 acres, more or less.

N.C.T. 5.: Ordinance No. 41-22; A plot or parcel of land lying in a portion of Section 20; Township 44 South, Range 23 East, Lee County, Florida, said plot or parcel of land being more particularly described as follows:

Commence at the Northwest corner of said Section 20; Thence run S 89º 36' 38" E along the North line of said Section 20 for 674.37 feet; thence run S 00º 07' 50" W for 824.64 feet, to the Point of Beginning; thence run S 00º 07' 50" W for 254.42 feet; thence run S 89º 33' 44" E for 171.58 feet; thence run N 00º 01'48" W for 254.42 feet; thence run N 89º 33' 38" W for 170.87 feet to the Point of Beginning.

Containing 43,561.50 square feet, or 1.0 acres, more or less.

N.C.T. 6.: Ordinance No. 41-22; A plot or parcel of land lying in a portion of Section 20; Township 44 South, Range 23 East, Lee County, Florida, said plot or parcel of land being more particularly described as follows:

Commence at the Northwest corner of said Section 20; Thence run S 89º 36' 38" E along the North line of said Section 20 for 674.37 feet; thence run S 00º 07' 50" W for 1079.06 feet, to the Point of Beginning; thence run S 00º 07' 50" W to a point lying along the South line of the North half (N1/2) of the Northwest quarter (NW1/4) of said Section 20 being the North line of Tract "H" (landscape buffer), Royal-Tee Country Club Estates, as recorded in Plat Book 37, Pages 1-19, Public Records of Lee County, Florida for 253.40 feet; thence run S 89º 33' 50" E along said line for 172.29 feet thence run N 00º 01' 48" W for 253.40 feet; thence run N 89º 33' 44" W for 171.58 feet, to the Point of Beginning.

Containing 43,567.24 square feet, or 1.0 acres, more or less.

N.C.T. 7.: Ordinance No. 41-22; A plot or parcel of land lying in a portion of Section 20; Township 44 South, Range 23 East, Lee County, Florida, said plot or parcel of land being more particularly described as follows:

Commence at the Northwest corner of said Section 20; Thence run S 00º 31' 51" W along the West line of said Section 20 for 33.00 feet; thence run S 89º 36' 38" E for 135.03 feet; thence run S 00º 31' 15" W to a point of cusp of curvature for 54.00 feet, to the Point of Beginning; thence run along the arc of a curve concave to the South for 371.18 feet, said curve having the following elements, a radius of 11372.13 feet, a central delta angle of 01º 52' 12", a chord that bears S 88º 38' 43" E, and a chord distance of 371.16 feet; thence run S 00º 24'19" W to a point along the South line of the North half (N1/2), of the Northwest quarter (NW1/4) of said Section 20, for 1239.05 feet; thence run N 89º 33' 50" W to a point of cusp of curvature along the East right-of-way of Veterans Parkway, and lying along the West line of Section 20, Township 44 South, Range 23 East, Lee County, Florida, for 508.88 feet; thence run along the arc of a curve, being the East right-of-way of said Veterans Parkway concave to the East, for 488.01 feet, said curve having the following elements, a radius of 2792.79 feet, a central delta angle of 10º 00' 43", a chord that bears N 05º 40'29" E, and a chord distance of 487.39 feet; thence run N 10º 40' 51" E, for 318.81 feet to a point of curvature; thence run along the arc of a curve to the left for 64.63 feet, said curve having the following elements, a radius of 3022.79 feet, a central delta angle of 01º 13' 30", a chord that bears N 10º 04' 06" E, and a chord distance of 64.63 feet; thence run S 89º 28' 45" E, for 24.52 feet; thence run N 00º 31' 15" E for 382.24 feet, to the Point of Beginning.

Containing 543,125.20 square feet, or 12.47 acres, more or less.

N.C.T. 8.: Ordinance No. 73-88; the east 1/2 of the east 1/2 of the west 1/2 of the northwest 1/4 of the northwest 1/4 (E 1/2 E 1/2 W 1/2 NW 1/4 NW 1/4) of Section 20, Township 44 South, Range 23 East, Lee County, Florida. Less road right-of-way for Pine Island Road (State Road 78) across the north 33.00 feet thereof.

N.C.T. 9.: Ordinance No. 09-04; A tract or parcel of land situated in the State of Florida, County of Lee, lying in Section 3 and 4, Township 44 South, Range 24 East, being further bounded and described as follows:

Lot 22, less the south 20.00 feet, Lot 27 and Lot 33A, Mariana Park Third Addition, as recorded in Plat Book 12, at Page 61, of the Public Records Lee County, Florida.

And

Beginning at the southwest corner of the northwest quarter of said Section 3, also being the southeast corner of the northeast quarter of said Section 4; thence S 89° 58' 48" W Along the south line of said northeast quarter of Section 4, for 1313.24 feet to the easterly right-of-way line of Barrett Road, being the west line of the southeast quarter of said northeast quarter; thence N 04º 33' 11" W, along said right-of-way line and said west line, for 2132.73 feet to the southerly right-of-way line of Pine Island Road (State Road 78); thence N 61º 59' 54" E, along said southerly right of way line, for 593.71 feet to the point of curvature of a curve to the right, having a radius of 1879.27 feet, a central angle of 26º 15' 18", a chord bearing of N 75º 07' 33" E, and a chord length of 853.64 feet; thence along said southerly right of way line and the arc of said curve for an arc length of 861.15 feet to the end of said curve; thence N 01º 45' 25" W, along said right of way line for 31.67 feet to the beginning of a non-tangent curve to the right, having a radius of 2814.79 feet, a central angle of 01° 52' 49", a chord bearing of N 89º 05' 53" E And a chord length of 92.38 feet; thence along said right of way line and the arc of said curve for an arc length of 92.38 feet to the point of tangency of said curve; thence S 89° 57' 42" E Along said right of way line, for 1171.62 feet; thence S 05º 18' 56" E, along the westerly boundary of Mariana Park Third Addition, a subdivision, as recorded in Plat Book 12, Page 61, Lee County Public Records, for 2680.75 feet to the common corner of Lot 33A and Lot 33, said Mariana Park Third Addition; thence S 03º 21' 52" E, along the westerly boundary of said Lot, 33A for 50.12 feet to the southwest corner of said Lot 33A; thence S 89º 26' 21" E Along the south line of said Lot 33A and an easterly prolongation thereof (said prolongation being the southerly right-of-way line of Evergreen Road); for 351.72 feet to an intersection with a line lying 25.00 feet westerly of (as measured on a perpendicular) the west line of Lot 34, said Mariana Park Third Addition; thence S 03º 22' 16" E, along said parallel line, for 300.24 feet to an intersection with a westerly prolongation of the south line of said Lot 34; thence S 89º 25' 56" E Along said westerly prolongation and the south line of Lots 35 through 38, said Mariana Park Third Addition, for 753.16 feet to the west right-of-way line of Brown Road, being a 50 foot wide county road as described in Deed Book 273 at Page 447, said Public Records; thence S 02º 19' 16" E, along said west right-of-way line for 325.39 feet to an intersection with a line lying 25.00 feet northerly of (as measured on a perpendicular) the north line of Judd Park, as described in Deed Book 302, Page 181, said Public Records; thence N 89º 33' 46" W, along said parallel line, for 370.00 feet to an intersection with a northerly prolongation of the west line of said Judd Park; thence south along said northerly prolongation and said west line, to the centerline of the waters of Hancock Creek; thence westerly, northwesterly and northerly along the said centerline to an intersection with north line of the southwest quarter of said Section 3; thence N 89º 26' 21" W Along said north line for 360 feet, more or less, to the Point of Beginning.

Bearings are based on the south line of the southwest quarter of Section 4, Township 44 South, Range 24 East, Lee County, Florida, as bearing S 89º 58' 48" W

And:

Ordinance 130-2004 as Amended by Ordinance 41-05 adopted 4/4/05

A tract or parcel of land lying in the southeast one-quarter of Section 5, Township 44 South, Range 24 East, Lee County, Florida; being more particularly described as follows:

Commence at the southeast corner of said Section 5; Thence N 05º 13' 33" W along the east line of Section 5, Township 44 South, Range 24 East for 40.21 feet to the northerly right-of-way line of Pondella Road; Thence along said right of way line, N 89º 24' 47" W for 719.98 feet; Thence N 00° 33' 19" E for 28.71 feet to The Point of Beginning of the hereinafter described tract of land:

Said Point of Beginning being the point of curvature of a non-tangent curve concave southerly having: a radius of 8,064.50 feet, a central angle of 04º 03' 44", a radial bearing and distance of S 04º 38' 56" W, 8,064.50 feet, and a chord bearing and distance of N 87º 22' 56" W, 571.64 feet; Thence along the arc of said curve, and along the northerly right of way line of Pondella Road the following courses and distances; a distance of 571.76 feet to the point of tangency of said curve; Thence N 89° 24' 47" W a distance of 144.71 feet; Thence S 00° 35' 13" W a distance of 14.20 feet; Thence N 89º 24' 47" W a distance of 240.00 feet; Thence N 00º 35' 13" E a distance of 14.20 feet; Thence N 89º 24' 47" W a distance of 480.00 feet; Thence, leaving the aforesaid right of way line, N 00º 35' 13" E a distance of 1,261.20 feet; Thence S 89º 24' 47" E a distance of 716.62 feet; Thence N 00º 35' 13" E a distance of 907.40 feet to the southerly right of way line of Pine Island Road (S.R. 78), said point being the point of curvature of a non-tangent curve concave southerly having a radius of 11,497.00 feet, and a central angle of 00º 16' 26", a radial bearing and distance of S 22° 00' 45" E, 11,497.00 feet, and a chord bearing and distance of N 68° 07' 28" E 54.98 feet; Thence along the arc of said curve a distance of 54.98 feet to the point of reverse curvature of a curve concave northerly having: a radius of 11,703.00 feet, and a central angle of 01º 39' 57", a radial bearing and distance of N 21º 44' 19" W, 11,703.00 feet, a chord bearing and distance of N 67º 25' 43" E, 340.22 feet; Thence along the arc of said curve a distance of 340.23 feet, Thence leaving said right of way line S 00° 35' 13" W a distance of 1,062.21 feet; Thence S 89° 24' 47" E a distance of 355.76 feet; Thence S 00º 35' 13" W a distance of 1,281.45 feet to the Point of Beginning.

Parcel contains 49.95 Acres more or less.

And:

Ordinance 47-19; A Parcel of land situated in the state of Florida, County of Lee, lying in Section 4, Township 44 South, Range 24 East, being that part of the northeast quarter (NE 1/4) of the southwest quarter (SW ) of the northwest quarter lying south and east of Pine Island Road, and that part of the southeast quarter of the southwest quarter of the northwest quarter lying south and east of Pine Island Road, all lying and being in Section 4, Township 44 South, Range 24 East, Lee County, Florida, Less and Except that portion thereof described in Order of Taking recorded in Official Records Book 2360, Pages 162 through 164, of the Public Records of Lee County, Florida.

And

Ordinance 90-22; Lots 1, 2, 14 and 15, block 3, Pondella Heights, unit 2, a subdivision according to the plat thereof recorded in plat book 12, page 25, public records of lee county, Florida; and lots 20 and 21, block 2, Pondella Heights, unit 2, a subdivision according to the plate thereof recorded in plat book 12, page 25, public records of lee county, Florida. Being more particularly described as follows:

Parcel A

Commencing at the N.W. corner of Section 9, Township 44 South, Range 24 East; thence South 0°08'35" West for a distance of 40.00 feet to a point on the southerly right-of-way line of Pondella Road, thence North 89° 46'49" West along said right-of-way for a distance of 264.47 feet to the point of beginning. Thence North 00° 13'11" East for a distance of 165.00 feet; thence North 89° 46'49" West for a distance of 107.50 feet; thence South 00° 13'11" West for a distance of 165.00 feet; to a point on the southerly right-of-way line of Pondella Road, thence South 89° 46'49" East along said right-of-way for a distance of 107.50 feet to the point of beginning.

And

Parcel B

Commencing at the N.W. corner of Section 9, Township 44 south, range 24 east; thence south 0%%d08'35" west for a distance of 40.00 feet to a point on the southerly right-of-way line of Pondella Road, thence North 89° 46'49" West along said right-of-way for a distance of 421.47 feet to the point of beginning. Thence South 00°13'11" West for a distance of 200.00 feet; thence North 89°46'49" West for a distance of 214.29 feet; thence North 00°17'30" East for a distance of 200.00 feet; thence South 89°46'49" East along said right-of-way for a distance of 214.04 feet to the point of beginning.

Subject to easements, reservations, and restrictions of record.

And

Ordinance 55-23; A parcel of land situated in the state of Florida, county of lee, lying south of pine island road in Section 4, Township 44 south, Range 24 east, Lee County, Florida and further described as follows:

Commencing at the southwest corner of the Northwest 1/4 of said Section 4; thence South 89°50'45" East along the East-West quarter section line of said Section 4 for 2641.18 feet to the center quarter corner of said section; thence North 04°41'45" West along the west line of the Northeast 1/4 of said Section 4 for 680.57 feet to the Southwest 1/4 corner of the West 1/2 of the West 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northeast 1/4 of said Section 4 and the Point of Beginning; thence North 04°42'07" West along the west line of the Northeast 1/4 of said Section 4 for 779.05 feet to the south line of State Road 78 (section 12060-2519), Pine Island Road; thence North 62°01'40" East along the southerly right of way line of said Pine Island Road for 682.14 feet; thence S 04°42'28" E for 604.36 feet; thence S 83°12'52" W for 149.10 feet; thence S 04°30'33" E for 44.79 feet; thence S 83°14'05" W for 313.06; thence S 04°38'00" E for 394.06 feet; thence S 89°15'38" W for 164.62 feet to the Point of Beginning, containing 8.87 acres more or less.

Together with a 15' wide access reservation described in deed book 215, page 175.

And

Ordinance 46-24: Tract D, Lot 15—-5.07+ or - acres being more particularly described as follows:

The W1/2 of the SE1/4 of the NE1/4 of the SE1/4 of Section 20, Township 44 South, Range 23 East, Lee County, Florida. Parcel is subject to the S 30 feet thereof is reserved as a drainage easement.

And

Tract D, Lot 16—-5.07+ or - acres being more particularly described as follows:

The E1/2 of the SE1/4 of the NE1/4 of the SE1/4 of Section 20, Township 44 South, Range 23 East, Lee County, Florida. Parcel is subject to the S 30 feet thereof is reserved as a drainage easement.

According to the official records book 1489, page 1750 of the public records of Lee County, Florida, and being more particularly described as follows:

Commencing at the west corner of Section 21, Township 44 South, Range 23 East; thence northwesterly along the centerline of Saddlewood lane (60 foot wide right-of-way); thence N 89°27'54" W, for a distance of 329.74 feet to an intersection with the centerline of Shelley lane (60' right-of-way); thence S 01°42'03" E along said centerline for a distance of 664.80 feet to the point of beginning. Thence S 89°28'54" E for a distance of 330.68 feet to an intersection with the westerly line of Trafalgar Park plat; thence S 01°47'37" E for a distance of 664.75 to an intersection with the north line of tract WL-1 of Sandoval Phase 2; thence N 89°29'53" W for a distance of 663.37 feet, thence N 01°37'10" W for a distance of 664.86 feet; thence S 89°28'54" E for a distance of 330.68 feet to the point of beginning.

Said parcel contains 440,018 square feet, or 10.101 acres, more or less.

Subject to easements, reservations and restrictions of record.

And

Ordinance 33-25; A parcel of land located in Section 4, Township 44 South, Range 24 East, Lee County, Florida and being premises described in deed to Daniel Renollett, recorded in official record instrument number 2011000222648, all references herein are to public records of Lee County, Florida, parcel of land being more particularly described as follows:

Commence at the Northeast corner of the Northwest 1/4 of the Northeast 1/4 of Section 4, Township 44 South, Range 24 East; thence with the East line of said Northwest 1/4 of the northeast 1/4 of Section 4, South 04°33'12" East, a distance of 584.25 feet to the Southerly right-of-way line of State Road 78 (NE Pine Island Road) per FDOT right­ of-way map section #12060-2519; thence with said south line South 61°58'00" West, a distance of 65.32 feet to the intersection of southerly right-of-way line of State Road 78 and west right-of-way line of Barrett Road and the point of beginning; thence with said west line South 04°32'48" East, a distance of 737.18 feet to the south line of the northwest 1/4 of section 4; thence with said south line South 89°58'30" West, a distance of 597.19 feet to the east line of premises record in instrument number 2019000114584; thence with said east line North 04°41'25" West, a distance of 430.94 to the southerly right-of-way line of State Road 78; thence with said south line North 61°58'00" East, a distance of 650.28 feet to the point of beginning.

Said parcel containing 7.999 acres (348,040 square feet) of land, more or less.

NOTE: N.C.T.: Non-contiguous tract within City limits.

EXCEPTING THEREFROM THOSE PARCELS OF LAND ELIMINATED FROM THE INTERIOR TERRITORIAL PORTION OF THE CITY OF CAPE CORAL BY VARIOUS COURT ORDERS, AS FOLLOWS:

A. A parcel of land located in Section 17, Township 44 South, Range 23 East, described as: the East half of the East half of the East half of the Southeast quarter of the Southeast quarter (E 1/2 E 1/2 E 1/2 SE 1/4 SE 1/4) of Lot 1, T.M. Stevens unrecorded tracts according to a plat on file with the Tax Assessor of Lee County, Florida, in Section 17, Township 44 South, Range 23 East, as described in Parcel 110, Lee County Case No. 71-1137. (Assumed to be E 1/2 E 1/2 E 1/2 SE 1/4 SE 1/4 Section 17).

B. [Reserved.]

C. The Southerly 554.03 Feet of the West 1/2 of the East 1/2 of the West 1/2 of the Southeast Quarter (1/4) of the Southwest Quarter (1/4) of Section 16, Township 44 South, Range 23 East, Lee County, Florida. Less and except any part thereof lying in Right-of-Way State Road 78.

D. A parcel of land located in Section 15, Township 44 South, Range 23 East, described as: Beginning at intersection of centerline of Pine Island Road and East line of Section 15, Township 44 South, Range 23 East; thence north 583 365/1000 (assumed to be 583.365) feet; west 330 feet; south to centerline of road; thence northeasterly to the Point of Beginning, as described in parcel 119, Lee County Case No. 71-1137.

E. Five contiguous parcels of land located in Section 10, Township 44 South, Range 23 East, described as:

1. Begin 1514.07 feet North and 143 feet West of the Southeast corner of Section 10, Township 44 South, Range 23 East; thence south 168.23 feet; thence West 100 feet; thence North 168.23 feet; thence East 100 feet to the Point of Beginning as described in Parcel 113, Lee County Case No. 71-1137.

2. From the Southeast corner of Section 10, Township 44 South, Range 23 East, run North 1514.07 feet to the Centerline Proposed Subdivision road; thence west along centerline 543 feet to Point of Beginning; thence South 168.25 feet; thence west 100 feet; thence north 168.23 feet; thence east 100 feet to the Point of Beginning; less 25 foot easement on north for road right-of-way and 20 feet on south for drainage easement as described in Parcel 114, Lee County Case No. 71-1137.

3. Begin 1514.07 foot North and 243 feet West of southeast corner of Section 10, Township 44 South, Range 23 East; thence south 168.23 feet; thence west 100 feet; thence North 168.23 feet; thence East 100 feet to the Point of Beginning as described in Parcel 115, Lee County Case No. 71-1137.

4. Begin 1514.07 feet north and 343 feet west of the southeast corner of Section 10, Township 44 South, Range 23 East; thence south 168.23 feet; thence west 100 feet; thence north 168.23 feet; thence east 100 feet to the Point of Beginning as described in Parcel 116, Lee County Case No. 71-1137.

5. Begin 1514.07 feet north and 443 feet west of southeast corner of Section 10, Township 44 South, Range 23 East; thence south 168.23 feet; thence west 100 feet; thence north 168.23 feet; thence east 100 feet to the Point of Beginning as described in Parcel 117, Lee County Case No. 71-1137.

NOTE: Above five parcels known as Whispering Pines.

F. Two contiguous parcels of land located in Section 19, Township 43 South, Range 23 East, described as:

1. The east half of the southeast quarter of the northwest quarter of the southwest quarter; and the west half of the southwest quarter of the northeast quarter of the southwest quarter of Section 19, Township 43 South, Range 23 East as described in Parcel "C", Lee County Case No. 71-251. 2. The east half of the southwest quarter of the northeast quarter of the southwest quarter; and the west half of the southeast quarter of the northeast quarter of the southwest quarter of Section 19, Township 43 South, Range 23 East as described in Parcel "D", Lee County Case No. 71-251.

G. Two contiguous parcels of land located in Section 8, Township 44 South, Range 24 East, described as:

1. A parcel of land in Lee County, in Section 8, Township 44 South, Range 24 East, more particularly described as follows: Begin 40 feet South of the North/East corner of Section 8; thence West 1380 feet along the south right of way line of Pondella Road to the point of beginning; thence continue West 240 feet; thence South 1333.4 feet; thence East 240 feet; thence North to the point of beginning as described in parcel 10, Lee County Case No. 71-1137, Less and excepting from exclusion: The south 370.52 feet of said Parcel 10, voluntarily annexed into the incorporated City of Cape Coral Territorial Limits by Ordinance 20-96, on April 22, 1996. 2. A parcel of land in Lee County, in Section 8, Township 44 South, Range 24 East, more particularly described as follows: Commence 40 feet South of the North/East corner of Section 8; thence run Westerly along the South line of Pondella Road for 1620 feet to the point of beginning; thence continue Westerly along said right-of-way line 180 feet; thence South 1333.4 feet; thence East 180 feet; thence run North to the Point of Beginning as described in parcel 11, Lee County Case No. 71-1137, Less and excepting from exclusion: The south 370.52 feet of said Parcel 11, voluntarily annexed into the incorporated City of Cape Coral Territorial Limits by Ordinance 20-96, on April 22, 1996.

H. A parcel of land located in Section 8, Township 44 South, Range 24 East, described as the east 1080 feet of the north 1/4 (N 1/4) of Section 8, Township 44 South, Range 24 East.

NOTE: The above described east 1080 feet of the North 1/4 (N 1/4) of Section 8, Township 44 South, Range 24 East includes within its limits the following individually and otherwise or elsewhere described excluded parcels:

1. Beginning 40 feet South and 690 feet West of the Northeast corner of Section 8, Township 44 South, Range 24 East; thence run west for 390 feet; thence South for 1317.5 feet; thence East for 390 feet; thence North for 1306.8 feet to the point of beginning as described in parcel "E", Lee County Case No. 71-251. 2. Forty-two lots located within c according to a plat recorded in Official Records Book 11, Page 52 and Official Records Book 12, Page 25, Public Records of Lee County, Florida, as described in Parcels No. 3, 13, 14, 23, 24, 25, 26, 27, 28, 29, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 53, 54, 55, 56, 57, 61, 62, 67, 68, 70, 72, 74, 75, 76, 77, 78, 87, 90, 91, 92, 99, and 128, Lee County Case No. 71-1137.

Less and excepting from exclusion:

Ordinance 119-03: A tract or parcel of land situated in the State of Florida, County of Lee, lying in Section 8, Township 44 South, Range 24 East, being a part of the parcels as described in Official Records Book 1993, Page 142, and Official Records Book 1120, Page 1059, Lee County Public Records and being further bounded and described as follows:

Commencing at the northeast corner of said Section 8; thence S 00º 36' 42" E, along the east line of said section for 40.00 feet to the south right-of-way line of Pondella Road; thence continue S 00º 36' 42" E, along said east line and along the west line of Cape Coral, Unit 17, Plat Book 14, Page 38, said public records, for 935.00 feet to the southeast corner of the parcel as described in Official Records Book 2651, Page 123, and to the Point of Beginning; thence continue S 00º 36' 42" E, along said east line of Section 8 and said west line of Cape Coral, Unit 17 for 351.69 feet; thence S 88° 10' 13" W, along the south line of said parcel as described in Official Records Book 1993, Page 142, and the north line of said Cape Coral, Unit 17, for 690.16 feet, to the southwest corner of said parcel; thence continue S 88° 10' 13" W, along said north line and the south line of said parcel as described in Official Records Book 1120, Page 1059 for 43.55 feet; thence N 23° 47' 04" E, for 524.55 feet to the southwesterly corner of Lot 18, Block 1, Pondella Heights Unit 2, Plat Book 12, Page 25, said public records; thence S 62º 14'1 4" E, along the southerly line of said Block 1, Pondella Heights Unit 2, for 280.18 feet; thence S 80º 29' 28"E, along said southerly line for 6.45 feet; thence S 00º 36' 42" E, along the west line of Lot 14, Block 2, Pondella Heights Unit 1, Plat Book 11, Page 52, said public records for 45.52 feet; thence N 89º 31' 21" E, along the south line of said Lot 14 for 132.00 feet; thence N 00º 36' 42" W, along the east line of said Lot 14 for 37.05 feet; thence N 60º 27' 16" E, along the southerly line of Lot 13, said Block 1, Pondella Heights Unit 2 for 68.45 feet; thence N 89º 48' 31" E, along the south line of said parcel as described in Official Records Book 2651, Page 123 for 72.01 feet to the Point of Beginning. Parcel contains 236,408 square feet or 5.43 acres, more or less.

And:

Ordinance 30-20; Parcel of land in Section 8, Township 44 South, Range 24 East, Lee more particularly described as follows:

Commencing at the northeast corner of said Section 8; thence S 0°08'18" W along the east line of said Section 8, a distance of 40.00 feet to an intersection with the original southerly right-of-way line of Pondella Road, said original right-of-way line lying 40.00 feet south of (as measured at right angles) and parallel to the northerly boundary line of said Section 8; thence N 89°25'03" W along said southerly right-of-way line, a distance of 685.00 feet; to the northeast corner of that certain parcel of land taken for additional right-of-way for Pondella Road as described in Official Record Book 3708, Page 1431, Public Records of Lee County, Florida; thence S 0°08'35" W, a distance of 13.45 feet to the Point-of-Beginning of this description; thence continuing S 0°05'35" W, along the westerly right-of-way line of Westwood Drive, as shown on Plat of Pondella Heights - Unit Two, recorded in Plat Book 12, Page 25. Public Records of Lee County, Florida, a distance of 673.68 feet; thence N 89°52'05" W, along the southerly line of that certain parcel of land as described in Official Records Book 3811, Page 846, Public Records of Lee County, Florida, a distance of 395.03 feet; thence N 0°05'49" E along the westerly boundary line of said parcel recorded in Official Records Book 3811 , Page 846, and also along the westerly boundary line of that certain parcel of land as described In Official Records Book 1398, Page 901, Public Records of Lee County, Florida, a total distance of 690.23 feet to an Intersection with the present southerly right-of-way line of said Pondella Road; thence S 89°25'06" E, along said present southerly right of way line, a distance of 183.88 feet to the beginning of a curve to the right; thence along an arc of said curve, having a radius of 7945.50 feet, a central angle of 01°31'35", and whose long chord bears S 85°46'19" E for a distance of 211.65 feet, arc distance being 211.65 feet to the said Point-of-Beginning of this description.

Exclusions Continued:

M. Certain described parcels of land all located in Section 5, Township 44 South, Range 24 East, and within the boundary of Del Pine Manor, according to an unrecorded plat on file with the Tax Assessor of Lee County, Florida, described as:

1. Lot 1, Block A, as described in Parcel 108, Lee County Case No. 71-1137.

2. Lots 4 and 5, Block A, as described in Parcel 12, Lee County Case No. 71-1137.

3. Lots 10 and 11, Block A, as described in Parcel 21, Lee County Case No. 71-1137.

4. Lot 14, Block A, as described in Parcel 1, Lee County Case No. 71-1137.

5. Lot 1, Block B, as described in Parcel 60, Lee County Case No. 71-1137.

6. Lot 5, Block B, as described in Parcel 8, Lee County Case No. 71-1137.

7. Lots 8 and 9, Block B, as described in Parcel 50, Lee County Case No. 71-1137.

8. Lot 10 and the south 12.5 feet of Lot 11, Block B, as described in Parcel 64, Lee County Case No. 71-1137.

9. Lot 20, Block B, as described in Parcel 86, Lee County Case No. 71-1137.

10. Lot 22, Block B, as described in Parcel 59, Lee County Case No. 71-1137.

11. Lot 23, Block B, as described in Parcel 58, Lee County Case No. 71-1137.

12. Lots 24 and 25, Block B, as described in Parcel 39, Lee County Case No. 71-1137.

13. Lots 28 and 29, Block B, according to Lee County Property Appraiser records. (Ordinance 72-07, Ordinance 75-06, Ordinance 76-06)

And Less and Excepting from the above previous "exclusions" (parcels to be included within the City Limits):

Ordinance 49-21:

Lots 22, 23, 24 and 25 of Block B of the Unrecorded Plat of Del Pine Manor, according to the unrecorded plat recorded in Unrecorded Book 1 Page 78 on file with the Tax Assessor of Lee County Florida.

Ordinance 23-14 (adopted 09/08/2014)

Parcels of land being Lots 5, 8, and 9, Block B, and Lot 4 and a portion of Lot 1, Block A, all of an Unrecorded Subdivision known as Del Pine Manor, all as more particularly described herein;

Lot 5, Block B, Del Pine Manor unrecorded (unrecorded Book 1, Page 78) being more particularly described as follows:

Commencing at the Southwest corner of Tract "A", Block 8067 of East Cape Commerce Center as recorded in Instrument #2007000375280 of the Public Records of Lee County, Florida, said point also being on the Northerly Right of Way line of Pondella Road as shown on that Right of Way Map prepared by Ink Engineering dated 02/20/91 (County Project #4656); Thence along said Northerly line running N 89°24'47" W for 210.00 feet to an intersection with the Westerly line of Hibiscus Drive (60' wide Right-of-Way); Thence run along said line N 00°35'13" E for 332.00 feet to the Point of Beginning. From said Point of Beginning, run N 89°24'47" W for 150.00 feet; Thence run N 00°35'13" E for 75.00 feet; Thence run S 89°24'47" E for 150.00 feet to an intersection with the Westerly line of Hibiscus Drive (60' wide Right-of-Way); thence along said Westerly line S 00°35'13" W for 75.00 feet to the Point of Beginning.

Bearings based upon the Northerly Right-of-Way line of Pondella Road as being N 89°24'47" E.

Lot 8, Block B, Del Pine Manor unrecorded (unrecorded Book 1, Page 78) being more particularly described as follows:

Commencing at the Southwest corner of Tract "A", Block 8067 of East Cape Commerce Center as recorded in Instrument #2007000375280 of the Public Records of Lee County, Florida, said point also being on the Northerly Right of Way line of Pondella Road as shown on that Right of Way Map prepared by Ink Engineering dated 02/20/91 (County Project # 4656); Thence along said Northerly line running N 89°24'47" W for 210.00 feet to an intersection with the Westerly line of Hibiscus Drive (60' wide right-of-way); Thence run along said line N 00°35'13" E for 557.00 feet to the Point of Beginning. From said Point of Beginning, run N 89°24'47" W for 150.00 feet; Thence run N 00°35'13" E for 75.00 feet; Thence run S 89°24'47" E for 150.00 feet to an intersection with the Westerly line of Hibiscus Drive (60' wide Right-of-Way); Thence along said Westerly line S 00°35'13" W for 75.00 feet to the Point of Beginning.

Bearings based upon the Northerly Right-of-Way line of Pondella Road as being N 89°24'47" E.

Lot 9, Block B, Del Pine Manor unrecorded (unrecorded Book 1, Page 78) being more particularly described as follows:

Commencing at the Southwest Corner of Tract "A", Block 8067 of East Cape Commerce Center as recorded in Instrument #2007000375280 of the Public Records of Lee County, Florida, said point also being on the Northerly Right of Way line of Pondella Road as shown on that Right of Way Map prepared by Ink Engineering dated 02/20/91 (County Project #4656); Thence along said Northerly line running N 89°24'47" W for 210.00 feet to an intersection with the Westerly line of Hibiscus Drive (60' wide Right-of-Way); Thence run along said line N 00°35'13" E for 632.00 feet to the Point of Beginning.

From said Point of Beginning, run N 89°24'47" W for 150.00 feet; Thence run N 00°35'13" E for 75.00 feet; thence run S 89°24'47" E for 150.00 feet to an intersection with the Westerly line of Hibiscus Drive (60' wide Right-of-Way); thence along said Westerly line S 00°35'13" W for 75.00 feet to the Point of Beginning.

Bearings based upon the Northerly Right-of-Way line of Pondella Road as being N 89°24'47" E.

Lot 4, Block A, Del Pine Manor unrecorded (unrecorded Book 1, Page 78) being more particularly described as follows:

Commencing at the Southwest corner of Tract "A", Block 8067 of East Cape Commerce Center as recorded in Instrument #2007000375280 of the Public Records of Lee County, Florida, said point also being on the Northerly Right of Way line of Pondella Road as shown on that Right of Way map prepared by Ink Engineering dated 02/20/91 (County Project #4656); Thence along the Westerly line of said Tract "A" and the Easterly line of Del Pine Manor unrecorded running N 00°35'13" E for 257.00 feet to the Point of Beginning. From said Point of Beginning, run N 89°24'47" W for 150.00 feet to the Easterly Right of Way line of Hibiscus Drive; Thence run along said line N 00°35'13" E for 75.00 feet; Thence run S 89°24'47" E for 150.00 feet to an intersection with the Westerly line of said Tract A, Block 8067; Thence along said Westerly line S 00°35'13" W for 75.00 feet to the Point of Beginning.

Bearings based upon the Northerly Right-of-Way line of Pondella Road as being N 89°24'47" E.

A portion of Lot 1, Block A, Del Pine Manor unrecorded (unrecorded Book 1, Page 78) being more particularly described as follows:

Beginning at the Southwest corner of Tract "A", Block 8067 of East Cape Commerce Center as recorded in Instrument #2007000375280 of the Public Records of Lee County, Florida, said point also being on the Northerly Right of Way line of Pondella Road as shown on that Right of Way Map prepared by Ink Engineering dated 02/20/91 (County Project #4656); Thence along said Northerly Right of Way line running N 89°24'47" W for 150.00 feet; Thence leaving said line run N 00°35'13" E for 87.00 feet; thence run S 89°24'47" E for 150.00 feet to an intersection with the Westerly line of said Tract A, Block 8067; Thence along said Westerly line S 00°35'13" W for 87.00 feet to the Point of Beginning.

Bearings based upon the Northerly Right-of-Way line of Pondella Road as being N 89°24'47" E.

Exclusions Continued:

N. All of Section 29, Township 44 South, Range 23 East, as described in Exhibits "A" and "B", Lee County Case No. 71-1336 except that the east half (E 1/2) of said Section 29 was annexed by Ordinances 17-84 and 17-85 and the southwest quarter (SW ¼) of said Section 29 was annexed by Ordinance 16-85.

O. All of Section 30, Township 44 South, Range 23 East, as described in Exhibits "A" and "B", Lee County Case No. 71-1336.

The above territorial limits shall also include any and all lands which may be annexed thereto.

(Ord. No. 47-19, §§ 1—6, 11-14-2019; Ord. No. 30-20, §§ 1—6(Exh. A), 7-20-2020; Ord. 49-21, § 2(Att.), 7-21-2021; Ord. 30-22, § 2(Exh. A), 4-20-2022; Ord. 41-22, § 2(Exh. A), 5-18-2022; Ord. 42-22, § 2(Exh. A), 5-18-2022; Ord. 90-22, § 2(Exh. A), 11-2-2022; Ord. 91-22, § 2(Exh. A), 11-2-2022; Ord. 106-22, § 2(Exh. A), 2-1-2023; Ord. 55-23, § 2(Exh. A), 8-2-2023; Ord. 46-24, § 2(Exh. A), 7-17-2024; Ord. 33-25, § 2(Exh. A), 7-16-2025)

Note— Appeal of the original decision by City Council resulted in City Council re-hearing the matter on December 9th, 2019 with the City Council denying Ordinance 57-16. Therefore, the property was removed from the City's boundaries.

Section 1. The territorial limits of the City of Cape Coral, Lee County, as they appear in article 2 of Chapter 70-623, Laws of Florida, are hereby altered as follows:

Eliminate the east 1080 feet of N1/4 of Section 8, Township 44 South, Range 24 East, less the area described in Ordinance 119-03. Add the balance of Unit 17, Plat Book 14, pages 23 through 38, Cape Coral, lying in Section 9, Township 44 South, Range 24 East. Add the balance of Unit 86, Plat Book 24, pages 144 through 161, Cape Coral, lying in Section 22, Township 43 South, Range 24 East. Add the balance of Unit 40, Plat Book 17, pages 81 through 97, Cape Coral, lying in section 23, Township 43 South, Range 23 East. Add the W1/2 of Section 17, Township 44 South, Range 23 East, less parcels of greater Pine Island Water Company (E1/2 of W1/2 of W1/2 of SE1/2 of SW1/4, and W1/2 of W1/2 of W1/2 of SE1/4 of SW1/4). Add Unit 58, Plat Book 23, pages 128 through 146, Cape Coral, lying in Section 18, Township 44 South, Range 23 East. Add Section 13, Township 44 South, Range 22 East, less Matlacha Shores, Plat Book 10, Page 29, and less 1st Addition to Matlacha Shores, Plat Book 10, Page 42, and less two parcels to Richard W. Greene as recorded in Official Record Book 512, page 809, and less the westerly portion of Undivided Lot A, Unit No. 1, Matlacha Isles, Plat Book 16, Page 132. (Sp. Acts, Ch. 72-499, § 1; Amend. of 11-2-93, § 2.02)

Note—Special Act Chapter 72-499, which became law on March 9, 1972, amended the City's charter as set forth in the above section, which has arbitrarily been numbered as 2.02 by the editor.

ADDENDUM

THE FOLLOWING IS THE EXCERPTED PORTION FOR ARCHIVAL PURPOSES OF THE LEGAL DESCRIPTION FOR THE BULKHEAD LINE FROM THE CHARTER PRIOR TO LEGISLATIVE ACTION EXTENDING THE CAPE CORAL JURISDICTION 300 FEET EASTERLY AND PARALLEL WITH THE EXCERPTED LEGAL DESCRIPTION ALONG THE SOUTHEASTERLY CITY LIMITS WITHIN THE CALOOSAHATCHEE RIVER.

THE BULKHEAD LINE WAS APPROVED BY THE TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ON MARCH 20, 1973, DEED NO. 25376 (2494-36), AND ALSO RECORDED IN OFFICIAL RECORDS BOOK 965 AT PAGES 495 THROUGH 510 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA:

(See CHARTER LEGAL DESCRIPTION, PAGE 2)……"to a point near the southwest corner of "Cape Coral Unit 67" as recorded in Plat Book 25 at pages 57 through 65 of the Lee County Public Records, said point also being located in Section 22, Township 45 South, Range 23 East; thence continue along the shoreline of the Caloosahatchee River the following courses and distances: S 72° 27' 53" E 1017.43 feet, N 82° 35' 46" E 776.90 feet, S 80° 14' 01" E 588.85 feet, S 00° 47' 47" W 1438.53 feet, S 48° 37' 26" E 906.70 feet, N 77° 40' 26" E 891.02 feet, N 63° 07' 57" E 886.09 feet, N 84° 05' 26" E 2917.11 feet, S 84° 04' 41" E 774.56 feet, N 55° 34' 00" E 655.08 feet, N 19° 00' 56" E 921. 25 feet to a point at the southwesterly corner of Block 205 as shown on "Cape Coral Unit No. 3 Part One" as recorded in Plat Book 16 as pages 137 through 139 of the Public Records of Lee County, Florida; thence run along the shoreline of the Caloosahatchee River and said Unit No. 3 S 62° 23' 36" E 237.11 feet, N 32° 41' 49" E 1370.74 feet, NORTH 798.65 feet to a point known as BHL-33S, said point being at the southerly end of a Bulkhead Line approved by the Trustees of the Internal Improvement Trust Fund of the State of Florida on March 20, 1973; thence continue along said Bulkhead Line and the shore of the Caloosahatchee River the following courses and distances: N 00° 01' 23" W 666.63 feet, N 89° 58' 37" E 411.27 feet, N 72° 46' 35" E 208.61 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 150.00 feet and a chord bearing and distance N 52° 53' 26" E 93.90 feet to a point of reverse curve; thence run along the arc of a curve to the right having a radius of 400.00 feet and a chord bearing and distance N 46° 53' 26" E 151.37 feet to a point of compound curvature; thence run along the arc of a curve to the right having a radius of 1400.00 feet and a chord bearing and distance N 66° 28' 25" E 422.34 feet to a point of reverse curvature; thence run along the arc of a curve to the left having a radius of 150.00 feet and a chord bearing and distance N 69° 59' 07" E 27.00 feet; thence run N 64° 49' 18" E 191.46 feet, N 64° 45' 22" E 365.23 feet, N 69° 19' 36" E 46.37 feet to a point of curve; thence run along the arc of a curve to the right having a radius of 500.00 feet and a chord bearing and distance N 84° 22' 38" E 259.67 feet; thence run S 80° 34' 20" E 154.60 feet, S 87° 48' 23" E 102.21 feet, N 83° 45' 37" E 506.06 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 125.00 feet and a chord bearing and distance N 42° 25' 41" E 165.11 feet; thence run N 01° 05' 44" E 26.01 feet to BHL-28S; thence run N 89° 14' 41" E 215.00 feet, S 05° 05' 15" E 39.21 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 150.00 feet and a chord bearing and distance S 42° 17' 23" E 181.39 feet; thence run S 79° 29' 31" E 129.14 feet, N 83° 24' 09" E 132.62 feet, N 89° 52' 32" E 383.29 feet, S 77° 00' 53" E 499.47 feet to a point of curve; thence run along the arc of a curve to the right having a radius of 600.00 feet and a chord bearing and distance S 71° 43' 37" E 110.59 feet to a point of reverse curve; thence run along the arc of a curve to the left having a radius of 1200.00 feet and a chord bearing and distance S 74° 04' 06" E 318.62 feet to a point of reverse curve and BHL25S; thence run along the arc of a curve to the right having a radius of 600.00 feet and a chord bearing and distance S 72° 53' 41" E 183.64 feet to a point of reverse curve; thence run along the arc of a curve to the left having a radius of 350.00 feet and a chord bearing and distance S 76° 31' 13' E 150.65 feet; thence run S 88° 56' 54" E 101.86 feet, S 82° 42' 37" E 221.76 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 150.00 feet and a chord bearing and distance N 64° 22' 17" E 163.03 feet; thence run N 31° 27' 11" E 57.72 feet, S 77° 24' 00" E 209.06 feet, S 01° 21' 52" E 72.93 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 150.00 feet and a chord bearing and distance S 35° 26' 27" E 168.09 feet; thence run S 69° 31' 03" E 424.37 feet, S 00° 22' 02" W 14.92 feet to a point of curve; thence run along the arc of a curve to the right having a radius of 250.00 feet and a chord bearing and distance S 67° 54' 42" E 185.05 feet thence run S 46° 11' 25" E 63.99 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 150.00 feet and a chord bearing and distance S 63° 01' 50" E 86.91 feet to a point of reverse curve; thence run along the arc of a curve to the right having a radius of 400.00 feet and a chord bearing and distance S 72° 10' 42' E 107.08 feet; thence run S 64° 29' 10" E 134.00 feet, S 67° 34' 05" E 168.90 feet, S 65° 28' 10" E 245.09 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 150.00 feet and a chord bearing and distance S 78° 45' 40" E 69.32 feet to a point of reverse curve; thence run along the arc of a curve to the right having a radius of 150.00 feet and a chord bearing and distance S 78° 50' 11" E 68.94 feet; thence run S 65° 33' 01" E 221.24 feet; S 29° 29' 18" W 27.41 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 200.00 feet and a chord bearing and distance S 68° 33' 17" E 55.97 feet to a point of reverse curve; thence run along the arc of a curve to the right having a radius of 150.00 feet and a chord bearing and distance S 60° 18' 48" E 84.12 feet; thence run S 44° 01' 44" E 272.49 feet, S 58o 17' 25" E 391.83 feet, N 00° 46' 12" W 102.72 feet, S 62° 43' 39" E 757.72 feet, S 79° 29' 44" E 131.49 feet to BHL19S at Redfish Point and a point of curve; thence run along the arc of a curve to the left having a radius of 85.00 feet and a chord bearing and distance N 59° 28' 09" E 120.21 feet to a point of compound curve; thence run along the arc of a curve to the left having a radius of 800.00 feet a chord bearing and distance N 08° 22' 56' E 169.66 feet; thence run N 02° 19' 18" E 537.56 feet, N 06° 07' 52" W 279.79 feet to a point of curve; thence run along the arc of a curve to the right having a radius of 700.00 feet and a chord bearing and distance N 00° 32' 19" E 162.60 feet; thence run N 07° 12' 30" E 203.96 feet, N 09° 57' 57" E 202.01 feet, N 08° 41' 09" E 433.30 feet, N 14° 50' 50" W 358.27 feet to a point of curve; thence run along the arc of a curve to the right having a radius of 500.00 feet and a chord bearing and distance N 08° 56' 39" E 403.41 feet to a point of reverse curve; thence run along the arc of a curve to the left having a radius of 1100.00 feet and a chord bearing and distance N 24° 31' 29" E 314.19 feet to a point of compound curve; thence run along the arc of a curve to the left having a radius of 50.00 feet and a chord bearing and distance N 36° 48' 58" W 80.00 feet; thence run N 89° 56' 46" W 83.33 feet, N 14° 59' 11" E 212.51 feet, N 88° 32' 38" E 36.78 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 65.00 feet and a chord bearing and distance N 57° 03' 34" E 67.89 feet; thence run N 25° 34' 31" E 91.24 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 1200.00 feet and a chord bearing and distance N 20° 48' 39" E 199.34 feet to a point of reverse curve; thence run along the arc of a curve to the right having a radius of 1,000.00 feet and a chord bearing and distance N 24° 31' 28" E 294.85 feet; thence run N 33° 00' 08" E 221.27 feet to a point of curve; thence run along the arc of a curve to the right having a radius of 150.00 feet and a chord bearing and distance N 43° 22' 09" E 53.98 feet to a point of reverse curve; thence run along the arc of a curve to the left having a radius of 150.00 feet and a chord bearing and distance N 35° 58' 40" E 91.50 feet to a point of reverse curve; thence run along the arc of a curve to the right having a radius of 150.00 feet and a chord bearing and distance N 26° 25' 09" E 42.79 feet, thence run N 34° 37' 07" E 104.73 feet to BHL-12S; thence run N 23° 53' 05' E 81.52 feet to a point of curve; thence run along the arc of a curve to the right having a radius of 100.00 feet and a chord bearing and distance N 36° 22' 13" E 43.24 feet to a point to reverse curve; thence run along the arc of a curve to the left having a radius of 350.00 feet and a chord bearing and distance N 26° 56' 53" E 261.18 feet to a point of reverse curve; thence run along the arc of a curve to the right having a radius of 500.00 feet and a chord bearing and distance N 10° 49' 03" E 100.63 feet; thence run N 16° 35' 40" E 320.02 feet, N 09º 47' 33" E 135.89 feet, N 15º 01' 53" E 232.36 feet to a point of curve; thence run along the arc of a curve to the right having a radius of 500.00 feet and a chord bearing and distance N 20º 21' 39" E 92.89 feet to a point of reverse curve; thence run along the arc of a curve to the left having a radius of 400.00 feet and a chord bearing and distance N 08º 51' 03" E 231.76 feet; thence continue N 07º 59' 20" W 19.53 feet, N 64º 55' 39" W 65.65 feet, N 24º 20' 31" E 101.55 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 100.00 feet and a chord bearing and distance N 86º 47' 32" E 89.55 feet to a point of compound curve; thence run along the arc of a curve to the left having a radius of 550.00 feet and a chord bearing and distance N 44º 56' 28" E 289.34 feet to a point of reverse curve; thence run along the arc of a curve to the left having a radius of 100.00 feet and a chord bearing and distance N 14º 13' 22" W 138.71 feet; thence continue N 31º 51' 51" E 126.00 feet, S 82º 40' 40" E 89.98 feet, N 64º 42' 53" E 181.01 feet, N 63º 53' 07" E 291.00 feet, N 73º 06' 26" E 272.33 feet, N 83º 21' 49" E 358.17 feet, N 87º 59' 08" E 363.36 feet, N 79º 44' 08" E 259.43 feet and N 57º 40' 52" E 126.14 feet to BHL-5S at Harney Point; thence continue along said Bulkhead Line and the Caloosahatchee River N 76º 50' 44" E 108.94 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 60.00 feet and chord bearing and distance N 29º 15' 46" E 88.59 feet; thence run N 18º 19' 13" W 225.13 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 50.00 feet and a chord bearing and distance N 64º 16' 28" W 71.88 feet; thence run N 07º 04' 47" W 129.38 feet, N 63º 50' 31" E 14.72 feet, N 00º 56' 15" E 285.98 feet, N 11º 49' 37" E 135.75 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 50.00 feet and a chord bearing and distance N 30º 37' 07" W 67.49 feet; thence run N 00º 00' 47" W 93.63 feet to BHL-1S at the south side of the Cape Coral Bridge Causeway; thence continue along the south line of the Cape Coral Bridge Causeway and the last line of the aforesaid approved Bulkhead Line S 89º 41' 19" E 142.41 feet; thence run northerly on a line crossing said Cape Coral Bridge Causeway N 11º 22' 42" E 440.05 feet to BHL-1N; thence continue northerly along the west shore of the Caloosahatchee River and along the Bulkhead Line as approved by the Trustees of the Internal Improvement Trust Fund of the State of Florida March 20, 1973, the following courses and distances: N 30º 18' 34" E 274.81 feet to a point of curve; thence run along the arc of a curve to the left having a radius of 26.91 feet and a chord bearing and distance N 55º 30' 13" E 33.43 feet; thence run N 17º 06' 19" E 151.58 feet, N 26º 10' 55" E 72.21 feet, N 37º 38' 10" E 84.62 feet, N 37º 31' 17" E 197.40 feet, N 36º 42' 36" E 240.50 feet, N 34º 00' 53" E 158.05 feet, N 33º 02' 00" E 82.30 feet, N 32º 44' 11" E 78.20 feet, N 33º 04' 49" E 78.95 feet, N 39º 08' 48" E 80.46 feet, N 34º 32' 13" E 84.47 feet, N 34º 47' 14" E 78.61 feet, N 34º 48' 05" E 324.82 feet, N 36º 36' 37" E 89.46 feet, N 34º 59' 47" E 95.39 feet to BHL-6N; thence continue along said Bulkhead Line along the westerly shore of the Caloosahatchee River the following courses and distances: N 34º 45' 37" E 503.25 feet, N 31o 34' 57" E 184.41 feet, N 25º 20' 04' E 134.35 feet, N 22º 38' 00" E 222.00 feet, N 17º 20' 10" E 289.94 feet, N 21º 22' 38" E 266.14 feet, N 07º 02' 08" E 209.94 feet, N 44º 24' 26" W 8.32 feet, N 13º 11' 48" W 208.13 feet, N 06º 13' 16" W 211.29 feet, N 05º 03' 42" W 277.63 feet, N 11º 35' 39" W 240.58 feet, N 17º 53' 57" W 204.16 feet, N 16º 12' 07" W 208.00 feet, N 12º 28' 09" W 136.53 feet to BHL-11N south of Plato Canal; thence continue N 05º 53' 59" W 257.98 feet, N 00º 24' 09" E 62.59 feet, N 09º 06' 23" E 70.39 feet, N 19º 56' 05" E 74.52 feet, N 28º 53' 04" E 78.11 feet, N 35º 53' 15" E 78.41 feet, N 36º 21' 05" E 79.67 feet, N 36º 01' 14" E 79.79 feet, N 35º 59' 12" E 240.68 feet, N 35º 57' 53" E 160.44 feet, N 40º 20' 33" E 78.95 feet, N 40º 58' 41" E 80.56 feet, N 40º 25' 24" E 321.82 feet, N 30º 04' 49" E 391.48 feet, N 35º 09' 47" E 69.87 feet, N 23º 19' 03" E 171.24 feet, N 19º 36' 46" E 124.13 feet, N 17º 47' 37" E 121.69 feet, N 04º 12' 03" W 80.54 feet N 10º 52' 24" E 159.29 feet, N 11º 37' 07" E 80.00 feet, N 17º 48' 16" E 80.69 feet, N 17º 33' 57" E 82.28 feet, N 23º 08' 00" E 84.64 feet, N 30º 56' 29" E 96.09 feet, N 30º 43' 04" E 84.22 feet to BHL-16A-N located south of Palaco Grande Canal; thence continue along said Bulkhead Line N 18º 40' 49" E 284.29 feet, N 02º 53' 59" E 40.19 feet, N 07º 21' 26" W 10.28 feet, N 04º 13' 57" E 89.23 feet, N 02º 48' 27" E 198.11 feet, N 01º 52' 53" E 81.03 feet, N 05º 44' 06" W 81.43 feet, N 08º 34' 40" W 80.63 feet, N 12º 18' 22" W 122.04 feet, N 09º 33' 06" W 84.50 feet, N 03º 12' 26" W 45.08 feet, N 09º 45' 44" W 356.93 feet, N 15º 29' 32" W 83.92 feet, N 10º 54' 06" W 81.49 feet, N 29º 55' 44" W 90.61 feet, N 40º 46' 46" W 100.09 feet, N 26º 08' 42" W 184.06 feet, N 09º 46' 54" W 80.04 feet, N 12º 21' 24" W 84.05 feet, N 15º 05' 33" W 164.98 feet; N 11º 06' 16" W 40.10 feet, N 09º 36' 01" W 162.89 feet, N 11º 37' 46" W 71.85 feet, N 04º 18' 46" W 90.07 feet and N 11º 54' 46" W 52.85 feet to BHL-20N located south of Moody Canal; thence run N 13º 56' 57" E 266.46 feet, N 20º 52' 10" E 399.84 feet, N 23º 32' 00" E 164.69 feet, N 30º 57' 09" E 84.82 feet, N 41º 20' 40" E 190.97 feet, N 18o 23' 20" E 39.12 feet, N 25o 13' 11" E 205.61 feet, N 40º 45' 04" E 104.11 feet, N 30º 56' 38" E 170.47 feet, N 13º 11' 57" E 365.72 feet, N 23º 05' 46" E 115.40 feet, N 06º 08' 34" E 110.69 feet, N 11º 23' 24" E 50.16 feet, N 07º 47' 34" E 330.95 feet, N 11º 58' 48" E 229.26 feet to BHL-24N lying south of Lido Canal; thence continue N 10º 11' 04" E 377.41 feet, N 64º 24' 24" E 41.10 feet, N 56º 55' 42" E 45.23 feet, N 61º 23' 54" E 240.33 feet, N 74º 58' 34" E 85.13 feet, N 59º 10' 04" E 78.94 feet, N 73º 09' 58" E 79.84 feet, N 68º 29' 17" E 143.87 feet, N 84º 32' 22" E 105.22 feet, N 86º 53' 59" E 72.08 feet, N 88º 30' 47" E 76.21 feet, S 84º 24' 51" E 84.33 feet, S 71º 23' 46" E 91.67 feet, S 68º 43' 16" E 98.80 feet, S 80º 55' 14" E 50.85 feet, N 72º 50' 48" E 48.59 feet, N 72º 38' 14" E 97.19 feet, N 61º 39' 57" E 93.92 feet, N 69º 35' 38" E 258.50 feet, N 66º 33' 24" E 79.32 feet, N 64º 50' 28" E 268.06 feet, N 68º 45' 24" E 222.35 feet and N 59º 02' 09" E 38.98 feet to BHL-29N located west of Mackenzie Canal; thence continue N 74º 14' 34" E 340.81 feet, N 61º 45' 34" E 115.59 feet, N 57º 40' 02" E 263.86 feet, N 59º 42' 44" E 241.55 feet, N 56º 15' 21" E 90.03 feet, N 56º 12' 54" E 274.77 feet, N 38º 14' 34" E 245.77 feet, N 37º 05' 14" E 163.87 feet, N 36º 41' 06" E 82.05 feet, N 35º 33' 28" E 104.14 feet, N 36º 39' 08" E 194.80 feet, N 28º 54' 07" E 293.15 feet, N 18º 07' 34" E 368.36 feet, N 26º 30' 54" E 21.42 feet, N 38º 46' 41" E 228.47 feet to BHL-34N north of Everest Canal; thence continue along said Bulkhead Line N 52º 55' 54" E 113.07 feet and N 34º 13' 18" E 121.85 feet thence southeasterly a distance of 300.00 feet; thence northeasterly along a line extending 300.00 feet water ward from the existing shoreline to a point on the section line lying between Sections 28 and 33, Township 44 South, Range 24 East and the north end of said Bulkhead Line; thence run along said section line N 88º 35' 04" E 19.76 feet to the westerly limits of the City of Fort Myers";………(See CHARTER LEGAL DESCRIPTION, PAGE 2 for continuation of Charter Legal Description)

(Ord. No. 47-19, §§ 1—6, 11-14-2019; Ord. 30-22, § 2(Exh. A), 4-20-2022; Ord. 41-22, § 2(Exh. A), 5-18-2022; Ord. 42-22, § 2(Exh. A), 5-18-2022; Ord. 90-22, § 2(Exh. A), 11-2-2022; Ord. 91-22, § 2(Exh. A), 11-2-2022; Ord. 106-22, § 2(Exh. A), 2-1-2023; Ord. 55-23, § 2(Exh. A), 8-2-2023)

Note— Appeal of the original decision by City Council resulted in City Council re-hearing the matter on December 9th, 2019 with the City Council denying Ordinance 57-16. Therefore, the property was removed from the City's boundaries.

The City of Cape Coral shall have the governmental, corporate, and proprietaries powers to enable it to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law.

The City of Cape Coral shall not have the power to terminate employment of regular City employees except for cause. The City shall have the power to terminate probationary employees for any reason during the probationary period. (Ord. 125-02, 12-9-2002; approved by referendum vote on April 8, 2003)

Alternatively, the City Manager shall have the power to terminate employment of Assistant City Managers and Administrative Department Heads at will, upon the payment of an amount up to four months of the employee's salary or an amount otherwise provided by law, whichever is less.

(Ord. 50-95, 10-10-95; approved by referendum vote on March 12, 1996; Ord. 36-11, 6-20-11; approved by referendum vote on November 8, 2011; Ord. 20-15, 6-15-15; approved by referendum vote on November 3, 2015)

The powers of the City under this charter shall be construed liberally in favor of the City.

The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more other municipalities, state or local governments or civil divisions or agencies thereof, or the United States or any agency thereof.

There shall be a City Council of seven (7) members and a Mayor. The Council shall be nominated by the qualified electors as provided hereinafter in this Article IV, and in Article VIII. There shall be one Council member elected from each district by the qualified electors of the City at large.

Only qualified electors of the City, who have been continuous full time residents of the City for the entire calendar year immediately preceding their qualification for office, as provided in Section 4.05, shall be eligible to hold the office of Council member or Mayor.

(a)

A Primary Election and a General Election are to be held pursuant to law. The General Election date for councilpersons from Districts 2, 3, 5, and 7 shall be held on the first Tuesday after the first Monday in November in even numbered years beginning in November 2020 and every fourth year thereafter. Councilpersons for Districts 1, 4, and 6 and the Mayor shall be elected at the general election held on the first Tuesday after the first Monday beginning in November in even numbered years beginning in November 2022, and every fourth year thereafter. The implementation of this change in election dates shall result in a one-time extension to the terms of office for current elected councilpersons in Districts 2, 3, 5, and 7 from November, 2019 to the first regular meeting of the Council after the date of the election in November, 2020, and for current elected councilpersons in Districts 1, 4, and 6, and the Mayor from November, 2021 to the first regular meeting of the Council after the date of the election in November, 2022. Primary Elections shall be held on the Tuesday eleven (11) weeks prior to the general election.

(b)

The Mayor shall be elected for a term of four (4) years. A person may be elected as the Mayor for no more than two (2) consecutive four-year terms. An appointment or election, pursuant to Section 4.11(c) of this Charter, to fill a vacancy shall not count as a "term" for purposes of this section. (Ord. 125-02, 12-9-2002, Approved by referendum vote on April 8, 2003)

(c)

Council members shall be elected for a term of four (4) years. A person may be elected as a Council member for no more than two consecutive four-year terms. An appointment or election, pursuant to Section 4.11(c) of this Charter, to fill a vacancy shall not count as a "term" for purposes of this section. (Ord. 125-02, 12-9-2002, Approved by referendum vote on April 8, 2003)

(d)

The terms of Council members and Mayor shall begin on the first regular meeting of the Council held after the date of their election.

(Ord. 125-02, 12-9-2002; Approved by referendum vote on April 8, 2003; Ord. 1-03, 1/22/2003; Ord. 161-05, 11/28/05; Ord. 177-06, 1-8-2007; Ord. 71-07, 6-11-07, Approved by referendum vote on November 6, 2007; Ord. 81-18, § 1, 1-14-2019; Ord. 1-20, § 1, 2-3-2020)

The city shall be divided into seven (7) geographical districts as nearly equal in population as possible, and these districts shall be redistricted every ten (10) years immediately following publication of the federal census results, or more frequently if deemed necessary by the city council.

(a)

Any person eligible to hold the office of Mayor may have his or her name placed on the ballot as a candidate for Mayor of the City upon filing with the City Clerk a sworn statement of qualification and the payment of a one hundred and fifty dollar ($150) filing fee.

(b)

Any person eligible to hold the office of Council member may have his or her name placed on the ballot as a candidate for Council member for the Council district in which he or she resides upon filing with the City Clerk a sworn statement of qualifications and the payment of a one hundred dollar ($100) filing fee. Proof of residence shall be established by a valid voter's registration card.

(c)

Should there be more than two qualifying candidates for Mayor or for a given Council district their names will be placed on the primary ballot. The two primary candidates receiving the highest number of votes shall be the candidates in the City General Election. The candidate receiving the highest number of votes in the City General Election shall be declared elected to the office for which he or she was a candidate. In the event there are fewer than three qualifying candidates for Mayor or for a given Council district their names will not appear on the primary election ballot but they will appear on the City General Election ballot.

(d)

If a vacancy in candidacy occurs caused by death, withdrawal, or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for an office, then the qualifying date shall be extended to the latest date for which the general election guidelines may be met. If the elections guidelines cannot be met then the remaining candidate shall be declared the winner.

(Ord. 125-02, 12-9-2002, Approved by referendum vote on April 8, 2003; Ord. 1-20, § 1, 2-3-2020)

(a)

The Mayor shall be the chief elected officer of the city, preside at all council meetings, be responsible for the orderly conduct of business, have the same powers as a council member, sign all documents as required by the City Council and shall have the power to veto line items in the City budget, provided that such veto is exercised in writing to the City Clerk, with immediate notification to the other members of the City Council at least fourteen (14) days prior to the date of the Final Public Hearing on the budget. The City Council may override such veto with a two-thirds vote of its members as provided in Section 4.16(d).

(b)

A council member shall be elected by the majority vote of the Council to serve as Mayor Pro Tem. Such election shall be held at the first Council meeting following each City General Election, except that in the years in which there is no City General Election, such election shall take place at the first regular City Council meeting on or after the anniversary of the previous City General Election. The Mayor Pro Tem shall be responsible for the orderly conduct of business in the Mayor's absence, shall not have the power to veto and shall serve for a period of one year. (Ord. 125-02, 12-9-2002, Approved by referendum vote on April 8, 2003; Ord. 73-07, 6-11-7, Approved by referendum vote on November 6, 2007)

A vacancy in the office of the city councilmember or mayor shall be filled by majority vote of the remaining councilmembers according to Section 4.11, to serve until the next City general election only. The vacancy must be filled by an individual who is an eligible person, as defined in Section 4.02, and residing within the district in which the vacancy occurs. (Ord. 71-07, 6-11-07, Approved by referendum vote on November 6, 2007)

(a)

Each city council member shall be compensated at the rate of $32,600 per year. The Mayor shall be compensated at the rate of $36,600 per year. The compensation of the Mayor and Council members shall be adjusted annually beginning in January, 2017, by the amount of the Social Security cost of living adjustment (COLA). The salaries shall be adjusted annually in the first pay period of each calendar year. (Ord. 22-15, 6-15-15; approved by referendum vote on November 3, 2015)

(b)

The council members and mayor shall receive their actual and necessary expenses incurred in the performance of their duties of office.

All powers of the City shall be vested in the Council, except as otherwise provided by law or this Charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law.

(a)

Holding other office. Except where authorized by law, neither the Mayor nor any Council member shall hold any other City office or employment during the term for which he or she was elected to the Council, and neither a former Mayor nor former Council member shall hold any compensated appointive City office or employment until one (1) year after the expiration of the last term for which he or she was elected as Mayor or Council member. Neither the Mayor nor any Council member, either directly or indirectly, may be a contractor to the City.

(b)

Appointments and removals. Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officers or employees whom the city manager or any of the city manager subordinates is empowered to appoint, but the Council may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees.

(c)

Interference with administration. Except for the purpose of inquiries and investigations, the Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately.

(Ord. 125-02, 12-9-2002, Approved by referendum vote on April 8, 2003)

(a)

Vacancies. The office of Mayor or of a Council member shall become vacant upon the Mayor's or the Council member's death, resignation, removal from office in any manner authorized by law, or forfeiture of the person's office.

(b)

Forfeiture of office. The Mayor, or a Council member shall forfeit his or her office if he or she:

(1)

Lacks at any time during the term of office any qualification for the office prescribed by this Charter or by applicable law;

(2)

Violates any express prohibition of this Charter;

(3)

Is convicted of a felony; or

(4)

Fails to attend three (3) consecutive regular meetings of the Council without being excused by the Council.

(c)

Filling of vacancies. A vacancy in the Council shall be filled for the remainder of the unexpired term, if any, at the next City general election following not less than sixty (60) days upon the occurrence of the vacancy, but the Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired terms takes office. If the Council fails to do so within thirty (30) days following the occurrence of the vacancy, the Council shall call a special election to fill the vacancy, to be held not sooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Article VIII, unless three (3} or more candidates qualify for the vacancy, whereby a special primary election is required. The special primary election shall occur within the timeframe provided above no sooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy and the special general election shall be held within 45 days following certification of the special primary election results. Notwithstanding any requirement for a quorum of the Council, if at any time the membership of the Council is reduced to less than a quorum, the remaining members may by majority action appoint additional members to raise the membership to meet the requirements of a quorum.

(Ord. 71-07, 6-11-07, Approved by referendum vote on November 6, 2007; Ord. No. 27-22, Exh. A, 4-6-2022, approved by a referendum vote on August 23, 2022)

The Council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have the power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the city and published in Lee County at least one week in advance of the hearing. Decisions made by the Council under this section shall be subject to review by the courts.

The city manager shall appoint an officer of the city who shall have the title of City Clerk. The City Clerk shall give notice of Council meetings to its members and the public, keep a journal of its proceedings, and perform such other duties as are assigned by this Charter or by the city manager.

The Council may make investigations into the affairs of the City and the conduct of any City department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Council shall be guilty of a misdemeanor and punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment for not more than six (6) months, or both such fine and imprisonment.

The Council shall provide for an independent annual financial audit of all City accounts and may provide for more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants with no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers. Said accountant or firm of accountants shall be selected in accordance with state law. (Ord. 71-07, 6-11-07, Approved by referendum vote on November 6, 2007)

(a)

Meetings. The Council shall meet regularly at least once in every month at such times and places as the Council shall prescribe by rule. Special meetings may be held on the call of the Mayor or of four (4) or more members and, whenever practicable, upon no less than twelve (12) hours' notice to each members. All meetings shall be public.

(b)

Rules and journal. The Council shall adopt its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record.

(c)

Voting. Voting, except on procedural motions, shall be by a public roll call, and ayes and nays shall be recorded in the journal. Five (5) members of the Council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Council. No action of the Council, except as otherwise provided in this section, shall be valid or binding unless adopted by the affirmative vote of four (4) or more members of the Council.

(d)

Veto procedure. The Mayor's line item veto may be overridden by the Council by an affirmative vote of two-thirds of the entire Council at any time prior to the adoption of the final budget. (Ord. 73-07, 6-11-07, Approved by referendum vote on November 6, 2007)

(a)

As used in this section, the following terms have the following meanings unless some other meaning is plainly indicated:

(1)

Ordinance means an official legislative action of the City Council of the City of Cape Coral, which action is a regulation of a general and permanent nature and enforceable as a local law.

(2)

Resolution means an expression of City Council of the City of Cape Coral concerning matters of administration, an expression of a temporary character or a provision for the disposition of a particular item of the administrative business of the City Council.

(b)

In addition to other acts required by law or by specific provisions of this Charter to be done by ordinance, those acts of the City Council shall be by ordinance which:

(1)

Adopt or amend an administrative code or establish, alter or abolish any city department, office or agency;

(2)

Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed;

(3)

Levy taxes;

(4)

Grant, renew, or extend a franchise;

(5)

Authorize the borrowing of money;

(6)

Convey or lease or authorize the conveyance or lease of any lands of the City, provided, however, that leases of residential property of 15,000 square feet or less for terms of twenty-four (24) months or less shall not require an ordinance;

(7)

Adopt with or without amendment ordinances proposed under the initiative power; and

(8)

Amend or repeal any ordinance previously adopted, except as otherwise provided in Article IX with respect to repeal of ordinances reconsidered under the referendum power. (Ord. 65-07, 6-4-07, Approved by referendum vote on November 6, 2007)

(c)

Acts other than those referred to in subsection (b) may be done either by ordinance or by resolution.

Adoption requirements for ordinances and resolutions shall be in accordance with State Law.

To meet a public emergency affecting life, health, property or the public peace, the council may adopt one or more emergency ordinances in accordance with State Law.

(Ord. 23-15, 6-15-15; approved by referendum vote on November 3, 2015)

(a)

The Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally except that:

(1)

The requirements of section 4.18 for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance; and

(2)

A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the city clerk pursuant to section 4.21(a).

(b)

Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price.

Cross reference— Building Code, §§ 5-16 et seq.; Electrical Code, §§ 7-71 et seq.; Fire Prevention and Protection Code, §§ 8-13 et seq.; Sanitary Code, §§ 9-1 et seq.; Plumbing Code, §§ 15-11 et seq.

(a)

Authentication and maintenance. The city clerk shall authenticate by signature and shall maintain in the City's official records all ordinances and resolutions adopted by the council.

(b)

Codification. The City Clerk shall maintain a current codification of all city ordinances and resolutions having the force and effect of law. The codification shall be published, together with this charter and any amendments thereto, pertinent provisions of the constitution and other laws of the State of Florida, and such codes of technical regulations and other rules and regulations as the council may specify. This compilation shall be known and cited officially as the Cape Coral City Code. Copies of the code shall be maintained on file with the City Clerk, shall be made accessible for the use of the public, and made available for purchase by the public at a reasonable price fixed by the council, all as required by resolution.

(c)

Availability of ordinances and resolutions. The council shall cause each ordinance and resolution to have the force and effect of law and each amendment to this charter to be available promptly following its adoption, and the ordinances, resolutions and charter amendments shall be accessible to the public. Following publication of the first Cape Coral City Code and at all times thereafter, the ordinances, resolutions and charter amendments shall be in substantially the same style as the code currently in effect and shall be suitable in form for integration therein. The council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the provisions of the constitution and other laws of the state, or the codes of technical regulations and other rules and regulations included in the code.

(Ord. No. 28-22, Exh. A, 4-6-2022, approved by a referendum vote on August 23, 2022)

The council shall engage a city manager by a renewable contract for a fixed term and compensation. The city manager shall be appointed solely on the basis of executive and administrative qualifications. The city manager need not be a resident of the city or state at the time of appointment but may reside outside the city while in office only with the approval of the council.

(a)

The council may remove the city manager from office in accordance with the following procedures:

(1)

The council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reason for removal and may suspend the city manager from duty for a period not to exceed forty-five (45) days. A copy of the resolution shall be delivered promptly to the city manager.

(2)

Within five (5) days after a copy of the resolution is delivered to the city manager, the city manager may file with the council a written request for a public hearing. This hearing shall be held at a council meeting not earlier than fifteen (15) days nor later than thirty (30) days after the request is filed. The city manager may file with the council a written reply not later than five (5) days before the hearing.

(3)

The council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its members at any time after five (5) days from the date when a copy of the preliminary resolution was delivered to the city manager, if the city manager has not requested a public hearing, or at any time after the public hearing, if the city manager has requested one.

(b)

The city manager shall continue to receive salary until the effective date of a final resolution of removal. The reasons of the council in suspending or removing the city manager shall not be subject to review by any court or agency.

By letter filed with the city clerk, the city manager shall designate a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or disability. During such absence or disability, the council may revoke such designation at any time and appoint another officer of the city to serve until the city manager returns or the manager's disability ceases, or the city manager is removed (Ord. 71-07, 6-11-07, Approved by referendum vote on November 6, 2007).

The city manager shall be the chief administrative officer of the city. The city manager shall be responsible to the council for the administration of all city affairs placed in the city manager's charge by or under this charter. The city manager shall have the following powers and duties:

(a)

Shall appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and appointive administrative officers for by or under this charter, except as otherwise provided by law, this charter, or personnel rules adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency.

(b)

Shall direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this charter or by law.

(c)

Shall attend all council meetings and shall have the right to take part in discussion but may not vote.

(d)

Shall see that all laws, provisions of this charter, and acts of the council subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision are faithfully executed.

(e)

Shall prepare and submit the annual budget and capital program to the council.

(f)

Shall report on the finances and administrative activities of the city at the end of each fiscal year in writing and shall include a detailed accounting of all unexpended cash balances, a project accounting for all capital appropriations, all appropriations purposes, and a description of all encumbrances against any appropriated balances.

(g)

Shall make such other reports as the council may require concerning the operations of city departments, offices and agencies subject to the city manager's direction and supervision.

(h)

Shall keep the council fully advised as to the financial condition and future needs of the city and make such recommendations to the council concerning the affairs of the city as the city manager deems desirable.

(i)

Shall perform such other duties as are specified in this charter or may be required by the council.

Creation of departments. The council may establish or subdivide city departments, offices or agencies in addition to those created by this charter and may prescribe the functions of all departments, offices and agencies, except that no function assigned by this charter to a particular department, office or agency may be discontinued, or unless this charter specifically so provides, assigned to another.

All departments, offices and agencies under the direction and supervision of the city manager shall be administered by an officer appointed by and subject to the direction and supervision of the city manager. With the consent of the council, the city manager may serve as the head of two (2) or more of them.

All appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence.

The council shall, upon recommendation of the city manager, establish personnel standards for all city employees. These standards shall provide for:

(a)

The classification of all city positions, based on the duties, authority and responsibility of each position, with adequate provision for reclassification of any position whenever warranted by changed circumstances;

(b)

A pay plan for all city positions;

(c)

Methods for determining the merit and fitness of candidates for appointment or promotion;

(d)

The policies and procedures regulating reduction in force and removal of employees;

(e)

The hours of work, attendance regulations and provisions for sick and vacation leave;

(f)

The policies and procedures governing persons holding provisional appointments;

(g)

The policies and procedures governing relationships with employee organizations;

(h)

Policies regarding in-service training programs;

(i)

Grievance procedures, including procedures for appeal of disciplinary action to a neutral third party whose decision shall be binding.

(j)

Other practices and procedures necessary to the efficient administration of the city personnel system.

(Ord. 125-02, 12-9-2002, Approved by referendum vote on April 8, 2003)

There shall be a legal officer of the city, appointed by the council, to serve at their pleasure. The city attorney shall be employed under contract on a full-time basis. The city attorney shall serve as the chief legal advisor to the council, the city manager, and all city departments, offices and agencies; shall represent the city in all legal proceedings; and shall perform such other duties as the council may deem necessary. The city attorney shall report directly to the city council and shall perform such duties as assigned by the city council. The council may from time to time hire one (1) or more special legal counsel to serve for such time and upon such terms as they may wish.

There shall be a City Auditor's Office administered by an independent City Auditor. The City Auditor's Office shall be independent of the City Manager and shall report directly to the City Council. The City Auditor's Office shall meet generally accepted government auditing standards with regard to independence and shall provide the City with an independent audit function to evaluate City policies, programs, and services to determine if those operations have been conducted in accordance with state and federal law; City ordinances, policies and regulations; and financial and operational internal control standards. The City Auditor shall be appointed by City Council and may only be removed from office for cause by a majority vote of the City Council. The City Auditor shall have the power to appoint such professional audit staff as, within budgetary limitations, may be necessary for the performance of the required duties. The personnel policies and procedures applicable to the City Auditor's Office shall be the same as those of the City, except that the City Auditor shall be the final administrative authority in personnel matters relating to the City Auditor's Office, including but not limited to the authority to hire, supervise, discipline and terminate City Auditor support staff. The City Council shall, by Resolution, establish City Auditor Responsibilities and Administrative Procedures.

All fines, penalties, fees, escheated bonds or other monies collected by the court shall be revenue of the city, shall be promptly paid to the department designated by the City Manager, and shall be deposited to the credit of the general fund.

(Ord. 125-02, 12-9-2002, Approved by referendum vote on April 8, 2003)

The members of the police force of the City of Cape Coral shall have all the power and authority as authorized by law for enforcing the laws of the United States, State of Florida and City ordinances of the City of Cape Coral.

The chief of police or any police officer of the City of Cape Coral may arrest without warrant any person violating any of the ordinances of the city or the laws of the state in the presence of such officer. Such arrest may be made outside the city or county limits if such officer is in hot pursuit.

The fiscal year of the city shall begin on the first day of October and end on the last day of September unless otherwise dictated by state statutes.

On or before the first regular meeting in August of each year, the manager shall submit to the council a budget for the ensuing fiscal year and an accompanying message.

The city manager's justification shall explain the budget both in fiscal terms and in terms of the work program. It shall outline the proposed financial policies of the city for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures and revenues together with the reasons for such changes, summarize the city's debt position and include such other material as the city manager and/or Council directs.

(a)

The budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this charter, shall be in such form as the city manager and/or Council directs. In organizing the budget the city manager shall utilize the most feasible combination of expenditure classification by fund, organization unit, program, purpose or activity and object. It shall begin with a clear general summary of its contents; shall detail estimated income, indicating the proposed property tax levy and all proposed expenditures including debt service for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year. It shall indicate in separate sections:

(1)

Proposed expenditures for current operations during the ensuing fiscal year, detailed by offices, departments and agencies in terms of their respective work programs, and the method of financing such expenditures;

(2)

Proposed capital expenditures during the ensuing fiscal year, detailed by offices, departments and agencies when practical, and the proposed method of financing each such capital expenditure; and

(3)

Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by the city and the proposed method of its disposition. Subsidiary budgets for each such utility giving detailed income and expenditure information shall be attached as appendices to the budget.

(b)

The total of proposed expenditures shall not exceed the total of estimated income.

(a)

Submission to council. The city manager shall prepare and submit to the council a five-year capital program by the first regular meeting in August of each year.

(b)

Contents. The capital program shall include:

(1)

A clear general summary of its contents;

(2)

A list of all capital improvements which are proposed to be undertaken during the five (5) fiscal years next ensuing, with appropriate supporting information as to the necessity for each improvement included;

(3)

Cost estimates, method of financing and recommended time schedules for each such improvement; and

(4)

The estimated annual cost of operating and maintaining the facilities to be constructed or acquired.

The above may be revised and extended with regard to capital improvements still pending or in process of construction or acquisition.

Action on the City budget shall be in accordance with State Law.

The City shall adopt and review annually a Capital Improvements Program.

Copies of the budget and capital program as adopted shall be public records and shall be made available to the public at suitable places in the city.

(a)

Supplemental appropriations. If during the fiscal year the city manager certifies or the council determines that there are available for appropriation revenues in excess of those estimated in the budget, the council by ordinance may make supplemental appropriations for the year up to the amount of such excess after advertising thereof as provided above.

(b)

Emergency appropriations. To meet a public emergency affecting life, health, property or the public peace, the council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with the provisions of section 4.19. To the extent that there is no available unappropriated revenue to meet such appropriations, the council may by such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made.

(c)

Reduction of appropriations. If at any time during the fiscal year it appears probable that the revenues available will be insufficient to meet the amount appropriated, the council shall then take such further action as necessary to prevent or minimize any deficit and for that purpose it may by ordinance reduce one or more appropriations.

(d)

Transfer of appropriations. At any time during the fiscal year the city manager or the council may transfer, within a department part or all of any unencumbered appropriation balance among programs within a department, office or agency and, upon written request by the city manager, the council may by resolution transfer part or all of any unencumbered appropriation balance from one department, office or agency to another.

(e)

Limitations; effective date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption.

Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if three (3) years pass without any disbursement from or encumbrance of the appropriation.

(a)

Work programs and allotments. At such time as the city manager shall specify, each department, office or agency shall submit work programs for the ensuing fiscal year showing the requested allotments of its appropriation by periods within the year. The city manager shall review and authorize such allotments with or without revision as early as possible in the fiscal year. The city manager may revise such allotments during the year if the city manager deems it desirable and shall revise them to accord with any supplemental, emergency, reduced or transferred appropriations made pursuant to section 7.09.

(b)

Payments and obligations prohibited. No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made and unless the city manager or the city manager's designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. Any authorization of payment or incurring of obligation in violation of the provisions of this Charter shall be void and any payment so made illegal; such action shall be cause for removal of any officer who knowingly authorized or made such payment or incurred such obligation, and the city manager shall also be liable to the city for any amount so paid. However, except where prohibited by law, nothing in this Charter shall be construed to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds or to prevent the making of any contract or lease provided for payments beyond the end of the fiscal year, provided that such action is made or authorized by ordinance.

Except as otherwise provided by this Charter, the Florida Election Code shall apply to City elections.

(a)

Number of districts. There shall be seven (7) city council districts.

(b)

Districting commission. The council shall appoint seven (7) qualified electors, determined from the registration for the last statewide general election, who shall comprise the districting commission. The electors chosen shall not be City employees.

(c)

Report; specifications. Within six (6) months after the completion and receipt of the federal census and at least each ten (10) years thereafter. The districting commission shall file with the City Clerk a report containing a recommended plan for adjustment of the council district boundaries to comply with these specifications:

(1)

Insofar as practicable, each district shall be formed of compact, contiguous territory, and its boundary lines shall follow the centerlines of streets or canals.

(2)

Each district shall contain, as nearly as possible equal population.

The report shall include a map and description of the districts recommended and shall be drafted as a proposed ordinance. Once filed with the clerk the report shall be treated as an ordinance introduced by a council member.

(d)

Procedure. The procedure for the council's consideration of the report shall be the same as for other ordinances, provided that if a summary of the ordinance is published, it must include both the map and the description of the recommended districts.

(e)

Failure to enact ordinance. The council shall act on the proposed ordinance at least one hundred and twenty (120) days before the next primary city election. If the council fails to do so by such date, all council members to be nominated at such election shall be nominated at large, and the districting commission shall reconvene and adjust the district boundaries in accordance with the specifications, requirements and procedures earlier provided in this section, except that the ordinance shall be enacted at least one hundred and twenty (120) days before the next primary city election following such election at large.

(f)

Effect of enactment. The new council districts and boundaries, as of the date of enactment, shall supersede previous council districts and boundaries for all the purposes of the next regular city election, including nominations. The new districts and boundaries shall supersede previous districts and boundaries for all other purposes as of the date on which all council members elected at that regular city election take office.

(Ord. 125-02, 12-9-2002, Approved by referendum vote on April 8, 2003)

(a)

Initiative. The qualified electors of the city shall have the power to propose ordinances to the council as hereinafter provided in section 9.03 et seq, and if the council fails to adopt the ordinance so proposed, with or without any change in substance, then the same shall be submitted to the electors to adopt or reject at a city election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees.

(b)

Referendum. The qualified electors of the city shall have the power to require reconsideration by the council of any adopted ordinance as hereinafter provided in section 9.03 et seq, and if the council fails to repeal an ordinance so reconsidered, then the same shall be submitted to the electors to approve or reject it at a city election, provided that such power shall not extend to the budget or capital programs or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes.

Any five (5) qualified voters may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed the clerk shall issue the appropriate petition blanks to the petitioners' committee.

(a)

Number of signatures. Initiative and referendum petitions must be signed by qualified electors of the city equal in number to at least fifteen (15) percent of the total number of qualified electors registered to vote at the last regular city election.

(b)

Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one (1) instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered.

(c)

Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that the circulator personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in the circulator's presence, that the circulator believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

(d)

Time for filing referendum petitions. Referendum petitions must be filed within sixty (60) days after adoption by the council of the ordinance sought to be reconsidered.

(e)

Time limitations. Petitions for an initiative or a referendum shall become null and void if not filed with the city clerk within ninety (90) days after the city clerk has received the petitioners' affidavit and issued the appropriate petition blanks to the petitioner committee.

(a)

Certificate of clerk; amendment. Within twenty (20) days after the petition is filed, the city clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by certified mail. A petition certified insufficient for lack of required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the clerk within two (2) days after receiving the copy of the certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of section 9.03, and within five (5) days after it is filed the clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by certified mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request council review under subsection (b) of this section within the time required, the clerk shall promptly present the clerk's certificate to the council and the certificate shall then be a final determination as to the sufficiency of the petition.

(b)

Council reviews. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within three (3) days after receiving the copy of such certificate, file a request that it be reviewed by the council. The council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the council's determination shall then be a final determination as to the sufficiency of the petition.

(c)

Court review; new petition. A final determination as to the sufficiency of a petition shall be subject to circuit court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.

When a referendum petition is filed with the city clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when:

(a)

There is a final determination of insufficiency of the petition, or

(b)

The petitioners' committee withdraws the petition, or

(c)

The council repeals the ordinance, or

(d)

Sixty (60) days have elapsed after a vote of the city on the ordinance.

(a)

Action by council. When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided in section 4.18 or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the electors of the city.

(b)

Submission to electors. The vote of the city on a proposed or referred ordinance shall be held not less than thirty (30) days and not later than one (1) year from the date of the final council vote thereon. If no regular city election is to be held within the period prescribed in this subsection, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the council may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls.

(c)

Withdrawal of petitions. An initiative or referendum petition may be withdrawn at any time prior to the thirtieth (30th) day preceding the day scheduled for a vote of the city by filing with the city clerk a request for withdrawal signed by at least four (4) members of the petitioners' committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated.

(a)

Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification by the City Council of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.

(b)

Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification by the City Council of the election results.

The conduct of City officers and employees shall comply with State and local law.

(a)

Activities prohibited.

(1)

No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office because of such individual's, race, color, religion, sex, sexual orientation, national origin, age, handicap, marital status, political opinions or affiliations, and/or any other class protected under federal, state or local law. (Ord. 25-15, 6-15-15; approved by referendum vote on November 3, 2015)

(2)

No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the personnel provisions of this charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations.

(3)

No person who seeks appointment or promotion with respect to any city position or appointive city administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with that person's test, appointment, proposed appointment, promotion or proposed promotion.

(b)

Penalties. Any person who alone or with others willfully violates any of the provisions of paragraphs (1) through (3) shall be ineligible for a period of five (5) years thereafter to hold any city office or position and, if an officer or employee of the city, shall forfeit that office or position.

Amendments to the City Charter may be proposed by any method authorized by law, including but not limited to petition of electors or by ordinance.

Further, beginning in 2016 and at least every six (6) years thereafter, City Council shall appoint a Charter Commission consisting of seven (7) regular members and two (2) alternate members to make Charter amendment recommendations to City Council. When substituting for an absent member, an alternate member may vote and participate in all discussions of the Charter Commission in the same manner and to the same extent as the regular members of the Charter Commission. When not substituting for an absent member, an alternate member shall not vote on any matter before the Charter Commission, but may participate in all discussions of the Charter Commission in the same manner and to the same extent as the regular members of the Charter Commission. (Ord. 26-15, 6-15-15; approved by referendum vote on November 3, 2015)

If any provision of this charter is held invalid, the other provisions of the charter shall not be affected thereby. If the application of the charter or any of its provisions to any person or circumstance is held invalid, the application of the charter and its provisions to other persons or circumstances shall not be affected thereby.

The boundaries of the seven (7) geographical districts in the City of Cape Coral, Florida, as revised, are described as follows:

(1)

Southeast District (1):Commencing at the centerline intersection of Veteran's Memorial Parkway and Del Prado Boulevard; Thence northerly along the centerline of Del Prado Boulevard to an intersection with the westerly prolongation of the centerline of Honolulu Canal to the Point of Beginning of this description; Thence easterly along the prolongation of the centerline of Honolulu Canal to the centerline intersection of Meade Canal; Thence southerly along the centerline of Meade Canal to the centerline intersection of Chantry Canal; Thence easterly along the centerline of Chantry Canal to easterly city limits of the City of Cape Coral, Florida, being a point on the west bank of the Caloosahatchee River; Thence southerly, and southeasterly along the easterly city limits of the City of Cape Coral, Florida and the west of the Caloosahatchee River to the centerline of Bimini Canal; Thence northerly along the centerline of Bimini Canal to the centerline of San Carlos Canal; Thence northerly along the centerline of San Carlos Canal to the centerline of Cape Coral Parkway, Thence easterly along the centerline of Cape Coral Parkway to the centerline of SE 1 ^st Place; Thence northerly along the centerline of SE 1 ^st Place to the centerline of SE 47 ^th Terrace; Thence easterly along the centerline of SE 47 ^th Terrace to an intersection with the southerly prolongation of the centerline of Rubicon Canal; Thence northerly along the southerly prolongation of the centerline of Rubicon Canal to the south end of the Rubicon Canal; Thence northerly along the centerline of the Rubicon Canal to an intersection with the southerly prolongation of the centerline of Montevideo Canal; Thence northerly along the southerly prolongation of the centerline of Montevideo Canal to the centerline intersection of Country Club Boulevard; Thence northeast along the centerline of Country Club Boulevard to the centerline intersection of Viscaya Parkway; Thence easterly along the centerline of Viscaya Parkway to the centerline of Del Prado Boulevard; Thence southerly along the centerline of Del Prado Boulevard to the westerly prolongation of the center line of Honolulu Canal and the Point of Beginning.

(2)

Southwest District (2):Beginning at the centerline intersection of Veteran's Memorial Parkway and Chiquita Boulevard South; Thence easterly along the centerline of Veteran's Memorial Parkway to the centerline of Aries Canal; Thence southerly along the centerline of Aries Canal to the centerline of Shaughnessey Canal; Thence westerly along the centerline of Shaughnessey Canal to the centerline of Tahita Canal; Thence southerly along the centerline of Tahita Canal to the centerline of Barkentine Canal; Thence westerly along the centerline of Barkentine Canal to the centerline of Enterprise Canal; Thence southerly along the centerline of Enterprise Canal to the centerline of Saunook Canal; Thence westerly along the centerline of Saunook Canal to the northwest corner of Lot 13, Block 3221, Unit 66 Cape Coral Subdivision; Thence south along westerly line of Lot 13 to the centerline of SW 39 ^th Terrace; Thence easterly along the centerline of SW 39 ^th Terrace to the centerline of SW 11 ^th Place; Thence southerly along the centerline SW 11 ^th Place to the centerline of Mohawk Parkway; Thence easterly along the centerline of Mohawk Parkway to the centerline of SW 11 ^th Avenue; Thence southerly along the centerline of SW 11 ^th Avenue to the extension of the northwest corner of Lot 4, Block 3346, Unit 65 Cape Coral Subdivision; Thence southwesterly along the northerly line of Lot 4 to the centerline intersection of Vaquero Canal and Rogue Canal; Thence southerly along the centerline of Rogue Canal, Finisterre Lake and Sitzmark Canal to the centerline of SW 44 ^th Street; Thence westerly along the centerline of SW 44 ^th Street to the centerline of SW 11 ^th Avenue; Thence southerly along the centerline of SW 11 ^th Avenue to the intersection the centerline of SW 47 ^th Terrace; Thence westerly along the centerline of SW 47 ^th Terrace to the Centerline of SW 11 ^th Court; Thence southerly along the centerline of SW 11 ^th Court to the centerline intersection of Cape Coral Parkway; Thence easterly along the centerline of Cape Coral Parkway West to the centerline of San Carlos Canal; Thence southerly along the centerline of San Carlos Canal and Bimini Canal to an intersection with the west bank of the Caloosahatchee River and the southeasterly city limits of the City of Cape Coral, Florida; Thence southerly, westerly and Northerly along the city limits of the City of Cape Coral, Florida to the intersection with the northerly line of the Section 31, Township 44 South, Range 23 East, Thence easterly along northerly line of the Section 31, Township 44 South, Range 23 East and the northerly line of Section 32, Township 44 South, Range 23 East to the centerline intersection of Miracle Parkway; Thence easterly along the centerline of Miracle Parkway to the southerly extension of the centerline of Sandoval Boulevard; Thence northerly along said centerline extension to the intersection of Veteran's Memorial Parkway; Thence easterly along the center line of Veteran's Memorial Parkway to the intersection of Surfside Boulevard; Thence northerly along the centerline of Surfside Boulevard centerline intersection of SW 22 ^nd Terrace; Thence easterly along the centerline of SW 22 ^nd Terrace to the centerline intersection of SW 20 ^th Avenue; thence southerly along the centerline of SW 20 ^th Avenue to the centerline intersection of Veteran's Memorial Parkway; Thence easterly along the centerline of Veteran's Memorial Parkway to Chiquita Boulevard South and the Point of Beginning.

(3)

East Central District (3):Beginning at the centerline of Pine Island Road SW at the intersection with the centerline of Cultural Park Boulevard; thence Northeasterly along the centerline of Pine Island Road SW to the intersection with the Easterly limits of the City of Cape Coral; thence Southerly, Easterly and Westerly along the Easterly line of the limits of the City of Cape Coral to the intersection with the Caloosahatchee River; Thence southerly to the intersection with the centerline of the Chantrey Canal; Thence westerly along said centerline to an intersection with the centerline of Meade Canal; Thence northerly along said centerline to an intersection with the centerline of Honolulu Canal; Thence westerly along said centerline to an intersection with the centerline of Del Prado Boulevard South; Thence northerly along said centerline to an intersection with the centerline of Viscaya Parkway; Thence westerly along the centerline of Viscaya Parkway to the intersection with the centerline of Country Club Boulevard; Thence southwesterly along the centerline of Country Club Boulevard to an intersection with the centerline of Montevideo Canal; Thence southeasterly along said centerline to an intersection with the centerline of Rubican Canal; Thence southerly along said centerline to an intersection with the centerline of Magnolia Canal; Thence westerly to an intersection with an extension of S.E. 10 ^th Avenue; Thence southerly along said extension and the centerline of S.E. 10 ^th Avenue to an intersection with the centerline of S.E. 28 ^th Terrace; Thence westerly along said centerline to the intersection with the centerline of Country Club Boulevard; Thence northerly along said centerline to the intersection with the centerline of Archer Parkway; Thence along said centerline to the intersection with the centerline of Academy Boulevard; Thence along said centerline to the intersection with the centerline of S.E. 28 ^th Terrace; Thence along said centerline to the intersection with the centerline of S.E. 6 ^th Avenue; Thence northerly along said centerline and its extension of S.E. 6 ^th Avenue to the intersection with the centerline of South Retunda Canal; Thence along said centerline to the intersection with the centerline of San Carlos Canal; Thence northerly along said centerline to the intersection with the centerline of Damao Canal; Thence westerly along said centerline to the intersection with the centerline of S.E. Santa Barbara Place; Thence northerly along said centerline to the intersection with the centerline of S.E. 20 ^th Street; Thence westerly along said centerline to the intersection with the centerline of Santa Barbara Boulevard; Thence northerly along said centerline to the intersection with the centerline of S.E. 10 ^th Terrace; Thence easterly along said centerline to the intersection with the centerline of S.E. 4 ^th Avenue; Thence northerly along said centerline to the intersection with the centerline of S.E. 10 ^th Lane; Thence easterly along said centerline to the intersection with the centerline of S.E. 4 ^th Place; Thence northerly along said centerline to the intersection with the centerline of S.E. 9 ^th Street; Thence easterly along said centerline to the intersection with the centerline of S.E. 5 ^th Avenue; Thence northerly along said centerline to the intersection with the centerline of S.E. 8 ^th Terrace; Thence easterly along said centerline to the intersection with the centerline of S.E. 6 ^th Court; Thence northerly along said centerline to the intersection with the centerline of S.E. 8 ^th Street; Thence easterly along said centerline to the intersection with the centerline of Cultural Park Boulevard; Thence northerly along said centerline to the intersection with the centerline of Pine Island Road SW and the Point of Beginning.

(4)

Southeast Central District (4):Beginning at the centerline intersection of Cape Coral Parkway West and Skyline Boulevard; Thence westerly along the centerline of Cape Coral Parkway West to the centerline of SW 11 ^th Court; Thence northerly along the centerline of SW 11 ^th Court to the centerline of SW 47 ^th Terrace; Thence easterly along the centerline of SW 47 ^th Terrace to the centerline of SW 11 ^th Avenue; Thence northerly along the centerline of SW 11 ^th Avenue to the centerline intersection SW 44 ^th Street; Thence easterly along the centerline of SW 44 ^th Street and its extension to the centerline of Sitzmark Canal; Thence northerly along the centerline of Sitzmark Canal, Finisterre Lake and Rogue Canal to the centerline intersection of Rogue Canal and Vaquero Canal; Thence northwesterly to the northeast corner of Lot 4, Block 3346, Unit 65 Cape Coral Subdivision; Thence northwesterly along said north line and its extension to the centerline of SW 11 ^th Avenue; Thence northerly along the centerline of SW 11 ^th Avenue to the centerline of Mohawk Parkway; Thence westerly along the centerline of Mohawk Parkway to the centerline of SW 11 ^th Place; Thence northerly along the centerline of SW 11 ^th Place to the centerline of SW 39 ^th Terrace; Thence westerly along the centerline of SW 39 ^th Terrance to the extension of the west line of Lot 13, Block 3221, Unit 66 Cape Coral Subdivision; Thence north along said property line and its extension to the centerline of Saunook Canal; Thence easterly along the centerline of Saunook Canal to the centerline intersection Enterprise Canal; Thence northerly along the centerline of Enterprise Canal to the centerline of Barkentine Canal; Thence easterly along the centerline of Barkentine Canal to the centerline of Tahita Canal; Thence northerly along the centerline of Tahita Canal to the centerline of Shaughnessey Canal; Thence easterly along the centerline of Shaughnessey Canal to the centerline of Aries Canal; Thence northerly along the centerline of Aries Canal to the centerline intersection of Veteran's Memorial Parkway; Thence easterly along the centerline of Veteran's Memorial Parkway to the centerline of Skyline Boulevard; Thence northerly along the centerline of Skyline Boulevard to the centerline of SW 22 ^nd Terrace; Thence easterly along the centerline of SW 22 ^nd Terrace to the centerline of SW 7 ^th Place; Thence northerly along the centerline of SW 7 ^th Place to the centerline of SW 22 ^nd Street; Thence easterly along the centerline of SW 22 ^nd Street to the centerline of Challenger Canal; Thence southerly along the centerline of Challenger Canal to an intersection with the centerline of Bolero Canal; Thence easterly along the centerline of Bolero Canal to an intersection with the centerline of Corsaire Canal; Thence southerly along the centerline of Corsaire Canal to an intersection with the centerline of Caper Canal; Thence easterly along the easterly prolongation of the centerline of Caper Canal to an intersection with the centerline of SE Santa Barbara Boulevard; Thence northerly along the centerline of Santa Barbara Boulevard to the centerline of SE 20 ^th Street; Thence easterly along the centerline of SE 20 ^th Street to the centerline of SE Santa Barbara Place; Thence southerly along the prolongation centerline of Santa Barbara Place to the centerline of Damao Canal; Thence easterly along the centerline of Damao Canal to the intersection centerline of San Carlos Canal; Thence southerly along the centerline of San Carlos Canal to the centerline intersection of Mast Canal and South Retunda Canal; Thence easterly along the centerline of South Retunda Canal to an intersection with the northerly prolongation of the centerline SE 6 ^th Avenue; Thence southerly along the centerline of SE 6 ^th Avenue to the centerline of SE 28 ^th Terrace; Thence easterly along the centerline of SE 28 ^th Terrace to the centerline of Academy Boulevard; Thence northerly along the centerline of Academy Boulevard to the centerline of Archer Parkway; Thence easterly along the centerline of Archer Parkway to the centerline of Country Club; Thence southerly along the centerline of Country Club to the centerline of SE 28 ^th Terrace; Thence easterly along the centerline of SE 28 ^th Terrace to the centerline of SE 10 ^th Avenue; Thence northerly along the prolongation centerline of SE 10 ^th Avenue to the centerline of Magnolia Canal; Thence easterly along the centerline of Magnolia Canal to the centerline of Rubicon Canal; Thence southerly along the centerline of Rubicon Canal to the centerline intersection of SE 47 ^th Terrace; Thence westerly along the centerline of SE 47 ^th Terrace to the centerline of SE 1 ^st Place; Thence southwesterly along the centerline SE 1 ^st Place to the centerline of Cape Coral Parkway West; Thence westerly along the centerline of Cape Coral Parkway East and Cape Coral Parkway West to an intersection with the centerline of Skyline Boulevard and the Point of Beginning.

(5)

West Central District (5):Beginning at the centerline intersection of Pine Island Road and Chiquita Boulevard South; Thence northerly along the centerline of Chiquita Boulevard South to the centerline of Embers Parkway; Thence easterly along the centerline of Embers Parkway to the centerline of Nelson Road North; Thence northerly along the centerline of Nelson Road North to the centerline of Tropicana Parkway West; Thence easterly along the centerline of Tropicana Parkway West to the centerline of Santa Barbara Boulevard North; Thence southerly along the centerline of Santa Barbara Boulevard North to an intersection with the centerline of Northeast Pine Island Road; Thence northeasterly along the centerline of Northeast Pine Island Road to the centerline of Cultural Park Boulevard North; Thence southeasterly along the centerline of Cultural Park Boulevard North and Cultural Park Boulevard South to the centerline of SE 8 ^th Street; Thence westerly along the centerline of SE 8 ^th Street to the centerline of SE 6 ^th Court; Thence southerly along the centerline of SE 6 ^th Court to the centerline of SE 8 ^th Terrace; Thence westerly along the centerline of SE 8 ^th Terrace to the centerline of SE 5 ^th Avenue; Thence southerly along the centerline of SE 5 ^th Avenue to the centerline of SE 9 ^th Street; Thence westerly along the centerline of SE 9 ^th Street to the centerline of SE 4 ^th Place; Thence southerly along the centerline of SE 4 ^th Place to the centerline of SE 10 ^th Lane; Thence westerly along the centerline of SE 10 ^th Lane to the centerline of SE 4 ^th Avenue; Thence southerly along the centerline of SE 4 ^th Avenue to the centerline of SE 10 ^th Terrace; Thence westerly along the centerline of SE 10 ^th Terrace to the centerline of Santa Barbara Boulevard; Thence southerly along the centerline of Santa Barbara Boulevard to an intersection with the Easterly extension of the centerline of Caper Canal; Thence easterly along the easterly extension of the centerline of Caper Canal to the centerline of Corsaire Canal; Thence northerly along the centerline of Corsaire Canal to an intersection with the centerline of Bolero Canal; Thence westerly along the centerline of Bolero Canal to an intersection with the centerline of Challenger Canal; Thence northerly along the centerline of Challenger Canal to the centerline of SW 22 ^nd Street; Thence westerly along the centerline of SW 22 ^nd Street to the centerline of SW 7 ^th Place; Thence southerly along the centerline of SW 7 ^th Place to the centerline of SW 22 ^nd Terrace; Thence westerly along the centerline of SW 22 ^nd Terrace to the centerline of Skyline Boulevard; Thence southerly along the centerline of Skyline Boulevard to the centerline of Veteran's Memorial Parkway; Thence westerly along the centerline of Veteran's Memorial Parkway to the centerline of SW 20 ^th Avenue; Thence northerly along the centerline of SW 20 ^th Avenue to the centerline of SW 22 ^nd Terrace; Thence westerly along the centerline of SW 22 ^nd Terrace to the centerline of Surfside Boulevard; Thence southerly along the centerline of Surfside Boulevard to the easterly extension of the centerline of Miracle Parkway; Thence westerly along the easterly extension of the centerline of Miracle Parkway to an intersection with the westerly city limits of the City of Cape Coral; Thence northerly and easterly along the westerly city limits of the City of Cape Coral to the centerline of Southwest Pine Island Road; Thence easterly along the centerline of Southwest Pine Island Road to the centerline of Chiquita Boulevard South and the Point of Beginning.

(6)

Northwest District (6):Beginning at the centerline intersection of Southwest Pine Island Road and Chiquita Boulevard South; Thence westerly along the centerline of Southwest Pine Island Road to the intersection with the easterly city limits of Cape Coral; Thence southerly, westerly and northerly to the intersection of Southwest Pine Island Road and the extension of Matlacha Isles Canal; Thence northerly, westerly, and easterly along said city limits to a point of intersection with Burnt Store Road; Thence continue along said city limits southerly and easterly along said Burnt Store Road and fractional lands to a point of intersection with an extension of Nelson Road North; Thence departing said city limits, continue southerly along said extension line and centerline of Nelson Road North to an intersection with the centerline of Frontier Canal; Thence easterly along the centerline of Frontier Canal to an intersection with the centerline of Santa Barbara Boulevard North; Thence southerly along said centerline to an intersection with the centerline of Tropicana Parkway West; Thence westerly along said centerline to an intersection with the centerline of Nelson Road North; Thence southerly along said centerline to an intersection with the centerline of Embers Parkway; Thence westerly along said centerline to an intersection with the centerline of Chiquita Boulevard South; Thence southerly along said centerline to an intersection with the centerline of Southwest Pine Island Road also being the Point of Beginning.

(7)

Northeast District (7):Beginning at the centerline intersection of Southwest Pine Island Road and Santa Barbara Boulevard North; Thence northerly along the centerline of Santa Barbara Boulevard North to the centerline intersection with Frontier Canal; Thence westerly to an intersection with the centerline of Nelson Road North; Thence northerly along the centerline of Nelson Road North and the extension of said centerline with the north city limits of Cape Coral; Thence easterly, northerly, southerly, and westerly along said city limits to the intersection of Commerce Creek Boulevard and Northeast Pine Island Road; Thence southwesterly along the centerline of Northeast Pine Island Road to the centerline intersection of Santa Barbara Boulevard and the Point of Beginning.

(Ord. 2-2002, adopted January 28, 2002 amended the Council Districts; Ord. 19-22, § 2(Exh. B), adopted March 2, 2022 amended the Council Districts)

The boundaries of the City may be adjusted through Annexation or Contraction of Corporate limits in accordance with Florida Law.