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AGENDA *********************************************** Item 1 Minutes Submittal of the Minutes from the February 12, 2002 Cabinet Meeting. (See Attachment 1, 1-9) RECOMMEND APPROVAL ************************************************ Substitute Item 2 Northwest Florida Water Management District Conveyance REQUEST: Consideration of a request to convey a 132-acre parcel of state-owned land in Walton County to the Northwest Florida Water Management District. COUNTY: Walton APPLICANT: Northwest Florida Water Management District (District) LOCATION: Section 09, Township 02 South, Range 20 West STAFF REMARKS: The District has requested title to 132 acres, more or less, in Walton County acquired by the Board of Trustees from the federal government under Gainesville Patent No. 160. The District wants to use the land for long-term ecological management and for water resources and wetlands restoration activities including removing spoil piles along ditches, infilling of ditches, re-vegetation, and implementation of a fire regime, where appropriate. The land is currently unmanaged, and much of the land surrounding the 132-acre parcel has been acquired by the District for wetland preservation, enhancement and restoration activities required as mitigation for wetland impacts incurred by the Department of Transportation's U.S. 98 road-widening project. Mitigation lands are required to be maintained in perpetuity in their natural state, or if enhanced or restored, must be maintained in their improved condition. Because the Board of Trustees'-owned parcel is adjacent and functionally connected to the mitigation land, its protection and appropriate management is an integral component of the District's land restoration and preservation efforts. For these reasons, the District is requesting title to the land. Unity of title will also eliminate the need to delineate between District-owned and Board of Trustees'-owned land during restoration work and future management activities, especially the application of fire ecology. Pursuant to section 373.056(1)(a), F.S., when it is found to be in the public interest and for the public convenience and welfare, and necessary for carrying out the works or improvement of any water management district for the protection of property and the inhabitants in the district against the effects of water, either from its surplus or deficiency, and for assisting the district in acquiring land for the purposes of the district at least public expense, any state agency holding title to land is hereby authorized, in the discretion of the proper officer(s), to convey the title to or to dedicate land, title to which is in such agency, to any water management district. Land granted or conveyed to the district shall be for the public purposes of the district and may be made subject to the condition that in the event such land is not so used for such purpose it shall automatically revert to the granting agency. The District's mitigation lands are required to be maintained in perpetuity in their natural state, or if enhanced or restored, must be maintained in their improved condition. Because the Board of Trustees-owned parcel is adjacent and functionally connected to the mitigation land, its protection and appropriate management is an integral component of the District's land restoration and preservation efforts. On February
7, 2002, the Acquisition and Restoration Council recommended approval
of the conveyance to the District with a deed restriction and reverter
limiting use of the land to water resources and wetlands preservation
and restoration, and compatible resource-based recreation. *********************************************** Item 2, cont. A consideration of the status of the local government comprehensive plan was not made for this item. The Department of Environmental Protection has determined that the transfer of real property is not subject to the local government planning process. (See Attachment 2, Pages 1-7) RECOMMEND DEFERRAL *********************************************** Substitute Item 3 Harvey/Mowrey Option Agreement/ Dickerson Bay/ Bald Point Florida Forever Project. REQUEST: Consideration of an option agreement to acquire 11.8 acres within the Dickerson Bay/Bald Point Florida Forever project from Rhonda Harvey and Ronald Mowrey. COUNTY: Wakulla LOCATION: Section 24, Township 05 South, Range 02 West CONSIDERATION: $368,000
* $31,186
per acre STAFF REMARKS: The Dickerson Bay/Bald Point project is an "A" group project on the 2002 Interim Florida Forever Full Fee Project List approved by the Board of Trustees on January 29, 2002. The project contains 6,572 acres, of which 1,213 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 5,347.2 acres or 81 percent of the project will remain to be acquired. This acquisition was negotiated by the Department of Environmental Protection's (DEP) Division of State Lands. All mortgages and liens will be satisfied at the time of closing. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to DEP the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for any title issues that arise prior to closing. A title insurance policy, survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing. This parcel is located on Dickerson Bay and will provide a good buffer for the bay. The outstanding aquatic resources of Dickerson Bay contain essential sea grass beds, oyster bars and salt marsh and have the water quality necessary for sustained commercial and recreational uses. On the coast
of Wakulla and Franklin Counties, the shallow, waveless Gulf of Mexico
laps against the westernmost Big Bend salt marshes and the easternmost
white sand beaches of the Panhandle. The St. Marks National Wildlife Refuge
already protects much of the coast; public acquisition of the Dickerson
Bay/Bald Point project will protect more, including areas critical to
the survival of the endangered Kemp's ridley sea turtle. In so doing,
it will also protect the fishery in the area by protecting its foundation
- rich mud flats and sea grass beds - and will add land to Mashes Sands
County Park where people may enjoy the beauty of this little-disturbed
coast. *********************************************** Substitute Item 3, cont. This parcel will be managed by Wakulla County under the single-use concept. Management activities should be directed toward the preservation of the salt marshes, flatwoods, and other communities around the bays. Consumptive uses such as hunting or logging shall not be permitted. This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 3, Pages 1- 19) RECOMMEND APPROVAL *********************************************** Item 4 Hunter/Palmer/Lakewood Acres Option Agreements/Wekiva-Ocala Greenway Florida Forever Project REQUEST: Consideration of two option agreements to acquire 799.42 acres within the Wekiva-Ocala Greenway Florida Forever project from Fred C. Hunter, individually and as Trustee, Ernest B. Palmer and Lakewood Acres. COUNTY: Lake LOCATION: Sections 08 and 17, Township 18 South, Range 29 East; and Sections 16, 21 and 22, Township 17 South, Range 28 East CONSIDERATION: $1,715,000
* $2,054
per acre STAFF REMARKS: The Wekiva-Ocala Greenway project is an "A" group project on the 2002 Interim Florida Forever Full Fee Project List approved by the Board of Trustees on January 29, 2002. The project contains 74,359 acres, of which 38,136.79 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves these agreements, 35,422.79 acres or 48 percent of the project will remain to be acquired. These acquisitions were negotiated by the Department of Environmental Protection's (DEP) Division of State Lands. All mortgages and liens will be satisfied at the time of closing. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to DEP the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them as appropriate. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for any title issues that arise prior to closing. A title insurance
policy for the Lakewood parcel, surveys, environmental site evaluations
and, if necessary, environmental site assessments will be provided by
the purchaser prior to closing. A title insurance policy for the Hunter/Palmer
parcel will be provided by the seller with the purchaser reimbursing the
seller's cost of the policy. *********************************************** Item 4, cont. The springs, rivers, lakes, swamps and uplands stretching north from Orlando to the Ocala National Forest are an important refuge for the Florida black bear, as well as other wildlife such as the bald eagle, swallow-tailed kite, Florida scrub jay and wading birds. Public acquisition of the Wekiva-Ocala Greenway will protect these animals, and the Wekiva and the St. Johns River basins by protecting natural corridors connecting Wekiwa Springs State Park, Rock Springs Run State Reserve, the Lower Wekiva River State Reserve and Hontoon Island State Park with the Ocala National Forest. It will also provide the people of the booming Orlando area with a large, nearby natural area in which to enjoy camping, fishing, swimming, hiking, canoeing and other recreational pursuits. The properties will be managed by the Florida Department of Agriculture and Consumer Services, Division of Forestry as part of the Seminole State Forest. These acquisitions are consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 4, Pages 1-59) RECOMMEND APPROVAL *********************************************** Item 5 LaBelle Ranch Inc. Option Agreement/Caloosahatchee Ecoscape Florida Forever Project/Designation of the FWCC as Managing Agency/Management Policy Statement Confirmation and Modification REQUEST: Consideration of (1) an option agreement to acquire a perpetual conservation easement over 2,994.5 acres within the Caloosahatchee Ecoscape Florida Forever project from LaBelle Ranch Inc.; (2) designation of the Florida Fish and Wildlife Conservation Commission as the managing agency for the project; and (3) confirmation and modification of the management policy statement. COUNTY: Hendry LOCATION: Sections 31 and 32, Township 43 South, Range 30 East; Sections 34 and 35, Township 43 South, Range 29 East; and Sections 02 and 03, Township 44 South, Range 29 East CONSIDERATION: $1,646,975
* ($550/acre)
The purchase price for the conservation easement is 40 percent of the
fee value of $1375/acre.
*********************************************** Item 5, cont. STAFF REMARKS: The Caloosahatchee Ecoscape project is an "A" group project on the 2002 Interim Florida Forever Full Fee Project List approved by the Board of Trustees on January 29, 2002. The project contains 17,791 acres, of which these are the first to be acquired or protected by a conservation easement. After the Board of Trustees approves this agreement, 14,796.5 acres, or 83 percent of the project, will remain to be acquired. This acquisition was negotiated by the Department of Environmental Protection's (DEP) Division of State Lands. The proposed conservation easement will allow the owner to retain certain rights, which include but are not limited to the following: ·
The right to observe, maintain, photograph, fish, hunt, introduce and
stock native fish or wildlife on the property; Under the proposed conservation easement the property will be restricted in perpetuity by the following provisions of the easement, which include, but are not limited to, the following: ·
Dumping of trash, waste, hazardous materials and soil will be prohibited; The property is encumbered with outstanding oil, gas, and mineral interests. Preliminary title work indicates that there is no right of entry remaining on any of the outstanding reservations. The appraisers are of the opinion that if the reservations no longer retain the right of entry, then there would be no negative impact on value. The property is also encumbered with several utility, roadway and drainage easements. The appraisers have indicated that these easements are not detrimental to the value of the property. All mortgages and liens will be satisfied at the time of closing. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to DEP the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for any title issues that arise prior to closing. A title insurance policy, a survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing. In order
to protect Florida panthers and black bears, large landscape linkages
of land must be preserved for these wide-ranging species. Although large
areas are protected to the south within Big Cypress National Preserve
and Everglades National Park, both the panther and bear populations are
dependent on much of the ranch and agricultural lands in Hendry County
as dispersal and forage areas. The open landscape associated with ranchland
practices provides a refuge for prairie bird species such as the burrowing
owl, crested caracara and Florida Sandhill crane, as well as federally
listed species, including the snail kite and the wood stork. This *********************************************** Item 5, cont. project connects at its southern boundary with the Twelvemile Slough Florida Forever project and the Okaloacoochee Slough State Forest. The Board of Trustees recently approved the purchase of most of the northern one-half of the Twelvemile Slough project. These landscape linkages are important for the continued survival of several focal species tracked by the Florida Fish and Wildlife Conservation Commission (FWCC). Pursuant to section 259.032(9)(e), F.S., staff recommends that the Board of Trustees designate FWCC as the managing agency for the full fee parcels within the project. The full fee parcels will be managed as a wildlife management area. FWCC will monitor the conservation easement on this tract. Section 259.032(9)(e), F.S., requires that the Board of Trustees, concurrent with its approval of the initial acquisition agreement within a project, "evaluate and amend, as appropriate, the management policy statement for the project as provided by section 259.035, F.S., consistent with the purposes for which the lands are acquired." The management policy statement for this project was included in the 2001 Florida Forever Annual Report adopted by the Board of Trustees on May 15, 2001. Staff recommends that the Board of Trustees confirm and modify the management policy statement as follows: The primary objective of management of the Caloosahatchee Ecoscape project is to preserve and restore the mosaic of pine flatwoods and wetlands in north-central Hendry and south-central Glades Counties. Achieving this objective will provide a refuge for threatened animals like the Florida panther, sandhill crane, wood stork, and crested caracara, and will also protect habitat for game species like white-tailed deer and turkey. A secondary goal will be to provide compatible nature-based recreational opportunities such as hunting, fishing, camping, hiking and nature study. This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 5, Pages 1- 51) RECOMMEND APPROVAL |
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