|
|
Cabinet
Affairs |
|
|
  |
AGENDA BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND APRIL 8,
2003 Substitute
Page ******************************************************** Item 1
Minutes
Submittal of the Minutes from
the January 28, 2003 and the February 11, 2003 Cabinet
Meetings. (Attachment 1, Pages
1-45) RECOMMEND APPROVAL ********************************************************* Substitute Item 2 Broward
County Public Easement/Consent of Use/Survey Waiver DEFERRED FROM MARCH 25, 2003
AGENDA DEFERRED FROM JANUARY 28,
2003 AGENDA DEFFERED FROM NOVEMBER 26,
2002 AGENDA
REQUEST: Consideration of an application
for (1) a five-year sovereignty submerged lands public easement containing
108 acres, more or less, for a proposed borrow site; (2) a consent of use
for placement of 935,000 cubic yards of sand for beach nourishment; and
(3) a waiver of survey requirement. COUNTY:
Broward Application
No. 0163435-005-JC Easement
No. 40055; BOT No. 060225996 APPLICANT: Broward
County (Beach Nourishment - Segment II) LOCATION: Beach
nourishment at Pompano Beach from R-36 to R-43 and at
Lauderdale-By-The-Sea and northern Fort Lauderdale from R-51 to R-72, and
Borrow Area I off-shore of Deerfield Beach, in the Atlantic Ocean, within
the jurisdiction of Broward County Aquatic
Preserve: No Outstanding
Florida Waters: No Designated
Manatee County: Yes, without
an approved manatee protection plan Manatee
Aggregation Area:
Yes Manatee
Protection Speed Zone: No
CONSIDERATION: No fees required for public
easements at this time. STAFF REMARKS: The applicant is proposing to
dredge 1,724,000 cubic yards of sovereignty material to obtain sand for
beach nourishment. The sand
will be disposed on the dry and wet portions of the beach. The Broward County Beach
Nourishment project consists of two separate projects (or segments). Segment II is located between
Hillsboro Inlet and Port Everglades Inlet. Segment III is located between
Port Everglades Inlet and the Dade County line. The Department of Environmental
Protection (DEP) has already issued an Intent to Authorize the borrow
sites, beach nourishment, artificial reefs, groins, and jetty spur
associated with Segment III pursuant to the Delegation of Authority for
use of sovereignty submerged lands.
This action was initially petitioned by Cry of the Water. However, the petition was
withdrawn after the County agreed to the following: (1) the
transplantation of corals as a part of mitigation plan would be conducted
within segments, not between segments; (2) the Monitoring Program in
Segment III will include areas of specific concern of the groups; and (3)
dune vegetation would be allowed to be planted in the appropriate portions
of the project. In addition,
DEP recommends that construction of the Segment II project be delayed and
commencement be conditioned upon the results of one year of monthly
sedimentation and turbidity monitoring in select areas of high
scleractinian coral cover and larger sized colonies in Segment III. Based upon the monitoring of these
areas in Segment III, DEP would Board of
Trustees Agenda -
April 8, 2003 Substitute
Page Two ********************************************************* Substitute Item 2,
cont. determine the likelihood for
adverse impacts to the similar areas in Segment II, and recommend possible
modifications and/or conditions to avoid or minimize impacts. All activities in the Segment II
project would normally be authorized pursuant to the Delegation of
Authority, but the entire project is being brought before the Board of
Trustees because of heightened public concern. Pursuant to section
18-21.011(3)(c), F.A.C., a waiver of the dredge fees may be granted if the
materials are placed on public property and used for public purposes, or
if the dredged material has no economic value. The dredged material from Borrow
Area I is beach-quality sand that will be placed on the beach to offset
the impacts of accelerated erosion, maintain a recreational beach, restore
and maintain marine turtle nesting habitat, and provide storm protection
to upland properties. An erosion control line has been or will be
established to retain state ownership of the restored portion of the
beach. DEP's staff of the Bureau of
Beaches and Wetland Resources was concerned about possible impacts to
nearshore hardbottom communities.
These concerns were also raised by environmental interest groups
(Reef Keepers and Cry of the Water).
After an extensive impact minimization process, the applicant made
several revisions to the design berm in order to reduce the extent of
fill, and thereby reduce impacts to nearshore hardbottom communities.
Overall, the Segment II project, as initially proposed in 1999, has been
reduced from 1.8 million cubic yards to 935,000 cubic yards, and
hardbottom impacts have been reduced from approximately 15 acres to 6
acres of gross hardbottom impact, which includes interstitial sand
patches. Staff was also concerned about the impact to harbottoms adjacent
to the borrow area from the sedimentation associated with the use of a
hopper dredge. The severity
of this impact was substantially reduced by incorporating a borrow area
rotation plan that halts dredging at a given borrow area before the
sedimentation can accumulate beyond naturally occurring levels. This will
incorporate monitoring for stress thresholds of the
organisms. The Town of Deerfield Beach
expressed concerns about using Borrow Area I because they felt it would
increase erosion on the beach within its jurisdiction. A group called Save Our Shoreline
echoed these concerns. The
Town of Hillsboro Beach expressed similar concern about Borrow Area
II. The Town of Deerfield
Beach commissioned a wave study by an independent consultant that modeled
the physical impacts from excavating borrow areas I and II. DEP's and the applicant's coastal
engineers reviewed the study and concluded that excavating the borrow area
may indeed increase erosion, but not to any significant extent. However, the permit would require
an enhanced physical monitoring program for these parts of the shoreline,
and in case of any accelerated erosion, Broward County would repair the
damage. Because of the inherent
public purpose of this project, in lieu of requiring the applicant to
perform a survey of the easement area, DEP's procedures for public
easements allow for expediting completion of an application by providing a
sketch and a metes and bounds legal description of the borrow area. Therefore, DEP recommends approval
of the survey waiver.
The recommendations of the
Florida Fish and Wildlife Conservation Commission (FFWCC), Office of
Environmental Services, Bureau of Protected Species Management, regarding
protection of manatees and marine turtles have been addressed in the draft
permit as specific conditions.
The project was revised to avoid impacts to seagrasses. Unavoidable impacts to hardbottoms
will be offset with mitigation.
A Notice of Application was published in the Sun Sentinel on
January 12, 2000. Broward County is a
Designated Manatee County without an approved manatee protection
plan. FFWCC stated the County
is making significant progress toward adoption of a
plan. Board of
Trustees Agenda -
April 8, 2003 Substitute
Page Three ********************************************************* Substitute Item 2,
cont. Although, beach nourishment
projects such as this generally do not pose a significant threat to
manatees, the permit will include the standard manatee protection
conditions. Section 163.3194(3)(b), F.S.,
in summary, states that the local development approved or undertaken by a
local government shall be consistent with the adopted plan. In a letter dated September 29,
1999, Broward County declared that this project is consistent with the
state-approved comprehensive plan. (See Attachment 2 , Pages
1-43) RECOMMEND DEFERRAL TO
THE MAY 13, 2003 CABINET MEETING **************************************************** Item 3 City of
Orlando/Acceptance of Deed with Reverter REQUEST: Consideration of the acceptance of
a deed containing reversionary language for property being donated by the
City of Orlando pursuant to section 253.025(8)(b),
F.S. COUNTY: Orange LOCATION: Section 26, Township 22 South,
Range 29 East STAFF REMARKS: In the spring of 2000, Florida A
& M University (FAMU) planned to expand its campus by constructing a
law school in the central Florida area. Proposals were requested and
ultimately submitted for sites from various communities. After reviewing all of the
proposals received for the project, FAMU selected the City of Orlando's
(City) proposal that included the donation of a 3.06-acre parcel.
The Department of
Environmental Protection, Division of State Lands (DSL) obtained all due
diligence products as required under the policies and procedures for
accepting donations on behalf of the Board of Trustees. Staff subsequently learned that as
a condition of the donation, the City is requiring language in the deed
stating that the property shall revert back to the City, if the law school
ceases to exist. On limited occasions, the
Board of Trustees has accepted title to property with conditions,
restrictions or reverters when it is in the public's best interest. The City is donating the parcel,
which is assessed in excess of $2,000,000. This generous gift to the state
will be used as the site of the FAMU Law School, which in turn, will
benefit the City by generated additional revenue. DSL staff is asking the Board
of Trustees to accept the proposed deed with a reverter. (See Attachment 3, Pages
1-7) RECOMMEND
APPROVAL ********************************************************* Item 4
DACS/DOF/Putnam County District School Board
Conveyance REQUEST: Consideration of a request to
convey 0.82 acre of state-owned land in Putnam County to the Putnam County
District School Board at no consideration, pursuant to section
18-2.018(3)(b)1.c., F.A.C Board of
Trustees Agenda -
April 8, 2003 Page
Four ******************************************************** Item 4,
cont. COUNTY: Putnam
Deed No. 30940 APPLICANT: Florida Department of Agriculture
and Consumer Services, Division of Forestry (DOF) LOCATION: Section 28, Township 10 South,
Range 27 East STAFF REMARKS: In 1941, the Putnam County School
Board (School Board) donated a 0.82-acre parcel (Donation Parcel) to the
Florida Board of Forestry (FBF) subject to a reverter clause to the School
Board if the parcel were not used for forestry purposes. Accordingly, the Donation Parcel
was developed and managed as the San Mateo Fire Tower Site. In 1949, the FBF and the School
Board exchanged 0.19-acre parcels to rectify an encroachment caused by
FBF's construction of a residence for its fire tower staff on adjoining
School Board land. Unlike the
1941 Donation Parcel, the 0.19 acre deeded to the FBF (Exchange Parcel)
was not subject to a reverter clause. When the FBF deeded the
property to the Board of Trustees of the Internal Improvement Trust Fund
in 1967, the Exchange Parcel was transferred but the Donation Parcel was
inadvertently not included in the deed. However, legal counsel is of the
opinion that the Board of Trustees has title to the entire 0.82-acre site
by virtue of section 253.03(6), F.S.
Recently, FBF'S successor, DOF, requested release of the tower site
lease because the property had not been used since 1995, except during a
wildfire emergency in 1998.
Although the Exchange Parcel is not subject to reverter language,
DOF recommends that the Board of Trustees convey it to the School Board at
no consideration. Pursuant to
section 18-2.018(3)(b)1.c., F.A.C., the Board of Trustees may convey land
by sale, gift or exchange if the conveyance provides a greater benefit to
the public than its retention in state ownership. Department of Environmental
Protection (DEP) staff concurs with DOF'S recommendation to convey the
Exchange Parcel to the School Board at no consideration because: (1) the
Board of Trustees and FBF/DOF have benefited from the use of the Exchange
Parcel at no charge since the early 1940s; and (2) by itself the 0.19-acre
Exchange Parcel is of little value to the state. A consideration of the status
of the local government comprehensive plan was not made for this
item. DEP has determined that
land conveyances are not subject to the local government planning process.
(See Attachment 4, Pages
1-11) RECOMMEND
APPROVAL ******************************************************** Item 5
DCF/District Board of Trustees of Hillsborough Community College
Sale
REQUEST: Consideration of a request by the
Department of Children and Families to sell a 25.93-acre parcel of
state-owned land in Hillsborough County to The District Board of Trustees
of Hillsborough Community College. COUNTY:
Hillsborough Deed No.
40107
Board of
Trustees Agenda -
April 8, 2003 Page
Five ******************************************************* Item 5,
cont. APPLICANT: The District Board of Trustees of
Hillsborough Community College LOCATION: Section 09, Township 29 South,
Range 18 East CONSIDERATION: $3,883,000 to be deposited in the
Florida Department of Children and Families Administrative Trust Fund
pursuant to Chapter 2002-397, Laws of Florida.
APPRAISED BY
Waller
Pallarday CONTRACT
CLOSING ACRES 02/05/02 02/05/02
PRICE
DATE 25.93 $3,400,000 $2,870,000
$3,883,000* 90 days
after BOT approval *The contract price reflects
a 3.17-acre increase noted upon completion of the boundary
survey. STAFF REMARKS: In 1947, the Board of Trustees
acquired the approximately 200,000 square-foot W.T. Edwards Tuberculosis
Hospital from the U.S. Government at no cost provided the property be used
as a tuberculosis hospital for five years. This requirement was met. Since the closure of the hospital,
the building has been used as state agency office space and is currently
being used for storage. The
W.T. Edwards property has been under lease to the Department of Children
and Families (DCF) since 1998. DCF requested the property be
surplused and sold through a public sale. Proceeds from the sale will be
used to fund construction of a new 116-bed dormitory and renovations of
existing buildings for the Sexually Violent Predator Program's residential
facility located on the grounds of DeSoto Correctional Institution in
DeSoto County. Pursuant to
section 253.034(6)(e), F.S., prior to any decision by the Board of
Trustees to surplus lands, the Acquisition and Restoration Council (ARC)
shall review and make recommendations to the Board of Trustees concerning
the request for surplusing.
ARC shall determine whether the request for surplusing is
compatible with the resource value of and management objectives for such
lands. This request was
reviewed by ARC at its April 25, 2000, meeting and ARC recommended the
property be declared surplus. In accordance with sections
253.111 and 253.034(6)(f), F.S., Hillsborough County and state agencies
were notified of the sale.
After the required noticing to state agencies and local government,
and prior to the property being bid to the public, The District Board of
Trustees of Hillsborough Community College (College) requested that the
property be sold directly to them for expansion of the College since they
are currently land locked. Pursuant to section
253.034(6)(h), F.S., where a unit of government acquired land by gift,
donation, grant, quit-claim deed, or other such conveyance where no
monetary consideration was exchanged, the price of land sold as surplus
may be based on one appraisal.
In the event that a single appraisal yields a value equal to or
greater than $1 million, a second appraisal is
required. 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 surplus land sales are not
subject to the local government planning process. (See Attachment 5, Pages
1-47) RECOMMEND APPROVAL
Board of
Trustees Agenda -
April 8, 2003 Page
Six ******************************************************** Item 6 William R.
Lee Exchange Agreement REQUEST: Consideration of an exchange
agreement to clear title to lands occupied in error by the applicant in
exchange for a deed to unoccupied lands deeded by the Board of Trustees to
the applicant's predecessor in interest. COUNTY: Citrus
Deed No. 40111
APPLICANT: William R.
Lee LOCATION: Westerly 1/2 of Lot 6, Block C,
Unit No. 1, Sunny Isle Estates, an unrecorded subdivision in Township 18
South, Range 16 East CONSIDERATION:
Parcel-for-Parcel STAFF REMARKS: Rose Mason purchased a parcel of
land in 1993 and subsequently discovered that she did not have clear title
since the subdivision had been built in the wrong section due to an error
in government surveys of 1835 and 1878. The eastern half of the subject
parcel was conveyed to Ms. Mason in 1993 by the Board of Trustees. The applicant, Mr. William Lee,
who resides on the western portion of the lot, recently inherited his
mother's (Rose Mason) interest in the entire parcel. Mr. Lee now needs clear title to
the western half of the parcel. In 1835, Deputy United States
Surveyor Clements, surveyed the north and east exterior lines of Township
18 South, Range 16 East, and subdivided the northerly portion of the
township. In 1878, Deputy
United States Surveyor Smith set the remaining exterior lines and surveyed
the permanent interior of Township 18 South, Range 16 East, including
Government Lot 1, Section 35 of the same Township. Substantial differences occurred
between the measurements shown on the official Government Plat by Surveyor
Smith and the physical location of the lands within the portion of the
township surveyed.
In 1954, the Board of
Trustees conveyed Government Lot 1 of Section 34, Township 18 South, Range
16 East to a private individual.
This parcel lies in an area of coastal Citrus County containing
numerous islands and waterways.
Because of the inaccuracies of the original U.S. Government Surveys
in the area and their relation to existing landforms, the original grantee
failed to occupy the parcel purchased as shown on the original plat. Instead, the grantee occupied a
parcel in the west one-half of the southwest quarter of said Section
35. This inconsistency went
undetected and the parcel was subdivided into several lots which were sold
and developed. The
uncertainties have clouded title to the occupied lands. A similar title issue has
previously been presented to the Board of Trustees for three other
landowners in this area.
At its August 24, 1993
meeting, the Board of Trustees approved the sale of lands to Rose
Mason. Her title company paid
$1,000 for consideration as having the fair market value according to a
1992 appraisal, and to quiet title in avoidance of a lawsuit with its
inherent expenses and risks.
On March 23, 1993, and February 10, 1998, the Board of Trustees
approved exchanges within this same subdivision at no cost to the
applicants. Since a precedent
has been established with prior owners, staff is recommending that this
exchange be administered the same way, as a parcel-for-parcel
exchange. Board of
Trustees Agenda -
April 8, 2003 Substitute
Page Seven ********************************************************* Item 6,
cont. In order to clear title, the
applicant, William Lee, who inherited Rose Mason's interest in another lot
in the subdivision, proposes to deed his interest in Government Lot 1 of
said Section 34 to the Board of Trustees in exchange for a quitclaim deed
to the lands he occupies. In
this exchange, the applicant will convey all of his interest in Government
Lot 1, for the Board of Trustees' interest in the parcel encompassed in
the legal description of the deed the applicant received from Rose Mason's
estate. Since
the proposed transfers are to aid in clearing
title and boundary issues, the applicant will convey his interest in
Government Lot 1 by quitclaim deed in accordance with the provisions of
section 259.041(12), F.S. 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 proposed action is not
subject to the local government planning process. (See Attachment 6, Pages
1-22) RECOMMEND
APPROVAL ****************************************************** Substitute Item 7 Chapman
Exchange/Determination/Werner-Boyce Salt Springs State Park
Project/Etoniah/Cross Florida Greenways Project
Areas WITHDRAWN FROM THE MARCH 25,
2003 AGENDA DEFERRED FROM THE JANUARY 28,
2003 AGENDA REQUEST: Consideration of (1) a
determination that pursuant to Article X, section 11 of the Constitution
of the State of Florida, the exchange of a 103.26-acre parcel of
sovereignty submerged lands is in the public interest; and (2) an exchange
agreement under which the Board of Trustees would convey a 103.26-acre
parcel of reclaimed lake bottom land to David Chapman in exchange for two
parcels consisting of 5.67 and 117.8 acres of land in the Werner Boyce and
Etoniah/Cross Florida Greenways Projects. COUNTIES: Glades, Pasco and
Putnam APPLICANT: David
Chapman LOCATION: Section 23, Township 40 South,
Range 32 East; Section 21, Township 25 South, Range 16 East; and Section
02, Township 11 South, Range 24 East CONSIDERATION: Value-for-Value (with $42,000 to
be deposited into the Internal Improvement Trust
Fund)
APPRAISED BY
String
Clayton
Banting
APPROVED
EXCHANGE
CLOSING
PARCEL ACRES
07/09/02
10/04/02
02/21/02
VALUE VALUE DATE
(1)Chapman 5.67
$155,000
$155,000
$142,000 90
Days (2)Chapman 117.80
178,000 $178,000
+$176,000 After
BOT
$318,000
Approval (3)BOT 103.26
$360,000
$360,000
$360,000 Board of
Trustees Agenda -
April 8, 2003 Substitute
Page Eight ******************************************************** Substitute Item 7,
cont. STAFF REMARKS: The Department of Environmental
Protection (DEP), Division of State Lands (DSL) received a request from
David Chapman to exchange two parcels of land within the Werner-Boyce and
Etoniah/Cross Florida Greenways projects for a parcel of Board of
Trustees' land in the Water Control District along the northern bank of
the L-50 Canal, near the intersection of County Road 721 and State Road
78. The Board of Trustees' parcel
is not under lease to any agency or individual; however, the parcel is
subject to a Board of Trustees' easement (No. 27980) for the construction
and maintenance of an access road and utilities. The easement is for a period of 50
years commencing on July 17, 1991, and ending on July 16, 2041, with no
option for renewal. The easement was issued to Donald Fream and Joyce
Fream, Mildred Click, James S. Click, Jr., Gerald Smith and Joyce Smith
and has been assigned, with approval by the Bureau of Public Land
Administration, to Robert Bianco.
Robert Bianco owns the property to which the easement provides
access.
The property is located
within the South Florida Water Management District (SFWMD) Comprehensive
Everglades Restoration Plan area.
Mr. Henry Dean, Executive Director of SFWMD, has reviewed the
proposal and does not object to the exchange provided SFWMD is provided
sufficient interest in this property as well as a nearby state-owned
parcel for the location of aquifer storage and recovery (ASR) wells and
related facilities. DSL is
preparing a lease, under an existing delegation of authority, to SFWMD for
this nearby parcel that is currently unmanaged. Chapter 7861, Laws of
Florida, Acts of 1919, specifically authorizes the sale of reclaimed lake
bottom. Article X, section 11
of the Constitution of the State of Florida states, in part, that sale of
sovereignty, submerged lands may be authorized by law, but only when in
the public interest. Staff
believes that the conveyance is in the public interest because: (1) the land has been permanently
reclaimed and is not likely to return to its natural submerged state; (2)
the parcel is too small and constrained to be effectively managed; and (3)
the parcels that will be conveyed to the state are both on current
acquisition lists and would enhance other property owned by the Board of
Trustees. Parcel one is primarily pine
flatwoods and will provide the land necessary to enhance the future design
capabilities for public uses and facilities at the Werner-Boyce Salt
Springs State Park. The
Werner-Boyce Salt Springs State Park project has been identified on the
DEP, Division of Recreation and Park's Additions and Inholding List. Parcel two is a part of the
Etoniah/Cross Florida Greenway project, though, partially logged and
planted in pine, has a large expanse of flatwoods, sandhills, and scrub in
central Putnam County, which extends to the Cross-Florida Greenway along
the Oklawaha River. This
parcel is important for the survival of many kinds of wildlife and
plants. The greenway itself
is a unique strip of land for recreation and conservation that makes a
cross-section of the peninsula from the Withlacoochee River to the St.
Johns River. Public
acquisition of the Etoniah/Cross Florida Greenway project will conserve
the Putnam County land as well as fill in gaps in the Greenway, ensure
that wildlife such as Florida black bear and scrub jays and plants such as
the Etoniah rosemary will have areas in which to live, and provide
recreation for the public ranging from long-distance hiking trails to
fishing, camping, and hunting. The Board of Trustees' deed
will include reservations related to the Everglades Drainage District as
required by section 5, chapter 7861, Laws of Florida, Acts of 1919. Since the Florida Legislature
imposed this reservation and did not give the Board of Trustees
the Board of
Trustees Agenda -
April 8, 2003 Substitute
Page Nine ******************************************************** Substitute Item 7,
cont. authority to release it, it
is the opinion of DEP's Office of General Counsel that only the Florida
Legislature can remove the reservation. The state-owned land to be
exchanged consists of approximately 103.26 acres located along the south
side of County Road 721. This
land is accessible via a county-maintained right-of-way. According to section 253.03,
F.S., the Board of Trustees has authority to dispose of all lands owned by
the state by right of its sovereignty. A review of previous Board of
Trustees' actions on the conveyance of reclaimed lake bottom lands
indicated that most of the sales were negotiated based on the appraised
value of the reclaimed lands to be purchased. In accordance with section
253.115, F.S., property owners within 500 feet of the subject property
were notified of the proposed exchange. DEP received one objection to the
exchange from adjacent property owner Mr. James Click. Mr. Click objected because he
claims to have run cattle on the state-owned property for years and he
indicated he had authorization from the Board of Trustees to do so. After diligent research by staff
and repeated requests to Mr. Click, no documentation has been
produced. Further, Mr. Click
apparently sub-leased cattle grazing rights on the state-owned property to
a third party. In an effort
to resolve this issue, Mr. Chapman met with the third party and agreed to
allow him to graze on other property owned by Mr. Chapman. On April 3, 2001, prior to
Mr. Chapman's application, Mrs. Carolyn Clark, an adjacent property owner,
contacted DEP via facsimile transmission and expressed an interest in
acquiring at least a portion of the property being considered for
exchange. At that time SFWMD
had not reached any conclusions as to its water storage needs and this was
so indicated to Mrs. Clark.
On January 28, 2003, in his presentation to the Board of Trustees,
Mrs. Clark's representative stated that his client had previously cleared
and improved a portion of the property with the intent to purchase it at
some time in the future.
Subsequent to that meeting, SFWMD has expressed that it would like
an easement over a portion of the property, including the part that Mrs.
Clark is interested in, as a part of its Everglades restoration
efforts. On October 8, 2002, DEP
brought a similar item before the Board of Trustees for its approval. This item was a request for a land
exchange agreement under which the Board of Trustees would convey the same
103.26-acre parcel of reclaimed lake bottom, included in this agenda item,
to David Chapman in exchange for 111.80 acres of land in the Wekiva-Ocala
Greenways project area. The
Board of Trustees denied staff's recommendation of approval. The
discussion by the Board of Trustees addressed concerns regarding the need
for Everglades Restoration program water storage for the surrounding area
and the possible need for and use of ASR wells on the subject
property. This new exchange
proposal is being presented based upon the SFWMD's additional review of
this site and its determination that nearby, state-owned sites will
provide sufficient storage capacity if necessary. In addition, Mr. Chapman has
agreed that, prior to closing, the state will place a 100-foot easement
around the perimeter of the exchange site and an easement over an entire
five acres in the southeastern corner of this site to the SFWMD as part of
this exchange agreement.
These easements will allow the SFWMD to place ASR wells on the
easement areas of the exchange site for water storage purposes. With this exchange the state will
also receive 11.67 acres of additional land over the previous exchange
proposal. Board of
Trustees Agenda -
April 8, 2003 Substitute
Page Ten ********************************************************** Substitute Item 7,
cont. Mr. Chapman's representative
indicated at the Cabinet Aides meeting on January 22, 2003, that Mr.
Chapman may not want to hold title to the five-acre easement area referred
to above. In the event Mr.
Chapman does not want title to this area, the exchange agreement will be
modified by staff and the five-acre parcel will be retained by the Board
of Trustees and leased to the SFWMD.
This reduction in acreage may affect the exchange value of the
Board of Trustees' parcel and thus could reduce or eliminate the cash
exchange payment received from Mr. Chapman. A consideration of the status
of the local government comprehensive plan was not made for this
item. DEP has determined that
the disposition of land is not subject to the local government planning
process.
(See Attachment 7, Pages
1-35) RECOMMEND
APPROVAL ******************************************************** Substitute Item 8 Andrews, et
al/Cauley Option Agreements/Perpetual Conservation Easements/Green Swamp
Area of Critical State Concern/Green Swamp Florida Forever
Project REQUEST: Consideration of two option
agreements to acquire perpetual conservation easements over 1,130.73 acres
within the Green Swamp Area of Critical State Concern and the Green Swamp
Florida Forever project from Clara J. Andrews, et al and J. D. and Nelda
Mae Cauley COUNTY: Polk LOCATION: Sections 24 and 28, Township 26
South, Range 24 East; and Sections 19 and 30, Township 26 South, Range 25
East CONSIDERATION: $936,700 APPRAISED
BY
SELLER'S
TRUSTEES' Waller
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL ACRES
(08/02/01) VALUE PRICE PRICE DATE Andrews 975.90
$890,000
$851,022* **
$812,000*** 150 Days
After
(95%) BOT
Approval
(08/01/01) Cauley 154.83
$139,000
$139,000
**
$124,000**** 150 Days
After
(89%) BOT
Approval
1,130.73
$990,022
$936,700
*
Approved value was adjusted to reflect elimination of 44.7 acres
from the terms of the easement. ** The Andrews'
have owned the property over 15 years; the Cauley's have owned the
property over 30 years. *** $833 per
acre (The purchase price for
the conservation easement is 57% of the fee value of $1,434,573). **** $800 per acre (The purchase price for the
conservation easement is 42% of the fee value of $294,000). STAFF REMARKS: Effective July 1, 1999, the
Legislature transferred all activities performed by the Green Swamp Land
Authority to the Department of Environmental Protection (DEP) as provided
in section 51, chapters 99-247, Laws of Florida. The Green Swamp Area of Critical
State Concern contains 322,690 acres, of which 33,586.2 acres are
protected by, or under agreement to be protected by, land protection
agreements or conservation easements. After the Board of Trustees
approves these agreements, 287,973.02 acres, or 89 percent of the area,
will remain to be acquired.
These acquisitions are also within Board of
Trustees Agenda -
April 8, 2003 Substitute
Page Eleven ********************************************************* Substitute Item 8,
cont. the Green Swamp Florida
Forever project boundary, which contains 276,224 acres, of which 81,323 acres have been
acquired or are under agreement to be acquired. After the Board of Trustees
approves these agreements, 196,770.27 acres, or 70 percent of the Green
Swamp Florida Forever project, will remain to be acquired. Under the proposed
conservation easements the Andrews property will be restricted in
perpetuity by the following provisions of the easement, which include, but
are not limited to: * New construction or placing
of temporary or permanent structures or buildings on the property will be
prohibited except with prior notice and approval; * Mining and excavation will
be prohibited; * Commercial timber
harvesting will be prohibited; however, cutting and removing of timber
damaged by natural disaster, fire, etc. is
permitted; * Acts or uses detrimental to
the retention of land or water areas, or to the use of the property as a
water recharge area will be prohibited; and * Dumping of trash, waste,
hazardous materials and soil will be prohibited. Under the proposed
conservation easements the Cauley property will be restricted in
perpetuity by the following provisions of the easement, which include, but
are not limited to: * New construction or placing
of temporary or permanent structures or buildings on the property will be
prohibited except with prior notice and approval; * Subdivision of the land
will be prohibited; * Mining and excavation will
be prohibited; * Acts or uses detrimental to
the retention of land or water areas, or to the use of the property as a
water recharge area will be prohibited; and * Dumping of trash, waste,
hazardous materials and soil will be prohibited for both
parcels. The proposed conservation
easements will allow the Andrews to retain certain rights, which include,
but are not limited to the following: * The right to engage in all
non-commercial, passive, resource-based recreation not inconsistent with
the purpose of the easement; * The right to construct two
new pole barns for agricultural use; * The right to maintain
owner's cattle operation in improved pasture areas; * The right to retain and
maintain present areas of improved pasture; * The right to convey
portions of the property to family members; and * The right to convert
improved pasture areas to row crops, provided 75 percent of the pasture
area shall remain un-harvested in any one calendar
year. The proposed conservation
easements will allow the Cauleys to retain certain rights, which include,
but are not limited to the following: * The right to maintain
owner's cattle operation in improved pasture areas; * The right to retain and
maintain present areas of improved pasture; * The right to harvest sod,
limited to 50 percent of the improved pasture at any one time;
and * The right to engage in
commercial timber harvesting, following sustainable forestry
practices. All mortgages and liens will
be satisfied or subordinated at the time of closing. In the event the commitments for
title insurance, to be obtained prior to closing, reveal any other
encumbrances which may affect the value of the property or the proposed
management of the property, staff will so advise the Board of Trustees
prior to closing.
Board of
Trustees Agenda -
April 8, 2003 Substitute
Page Twelve ********************************************************* Substitute Item 8,
cont. Title insurance policies,
surveys, environmental site assessments and baseline documentation reports
will be provided by the purchaser prior to closing. The mosaic of cypress swamps,
pine forests, and pastures known as the Green Swamp is a vital part of the
water supply of Central Florida.
This region gives rise to four major river systems (the
Withlacoochee, Oklawaha, Hillsborough and Peace) and, because it has the
highest groundwater elevation in the peninsula, is important for
maintaining the flow of water from the Floridan Aquifer. Preservation by acquiring certain
rights to the properties located within the area will protect the Floridan
Aquifer and the headwaters of several rivers, and preserve a large area
for wildlife. DEP's Office of Environmental
Services will be the interim monitor for the conservation easements until
a permanent monitor is established. 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 8, Pages
1-103) RECOMMEND
APPROVAL ****************************************************** Item 9 Profundus
Holdings, Inc. Option Agreement/Tates Hell/Carrabelle Tract Florida
Forever Project REQUEST: Consideration of an option
agreement to acquire 37,358.5 acres within the Tates Hell/Carrabelle Tract
Florida Forever project from Profundus Holdings,
Inc. COUNTIES: Franklin and
Liberty LOCATION: Sections 29 through 32, Township
05 South, Range 05 West; Sections 23, 25, 26, 35 and 36, Township 05
South, Range 06 West; Sections 03 through 10, 15 through 22 and 27 through
34, Township 06 South, Range 05 West; Sections 01 through 03, 10 through
15, 21 through 28 and 33 through 36, Township 06 South, Range 06 West;
Sections 03 through 11, 14 through 17 and 21 through 23, Township 07
South, Range 05 West; and Sections 01 through 04 and 09 through 12,
Township 07 South, Range 06 West. CONSIDERATION: $38,000,000 APPRAISED
BY
SELLER'S
TRUSTEES' Arline
Chandler
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL ACRES
(01/06/03)
(12/15/02) VALUE PRICE PRICE DATE Profundus
37,358.5
$34,500,000
$38,000,000
$38,000,000
$17,500,000*
$38,000,000** 75 days
after
(100%)
BOT Approval * Seller purchased in
September 1992 ** $1,017 per
acre STAFF REMARKS: The Tates Hell/Carrabelle Tract
project is an "A" group project on the Florida Forever Full Fee Project
List approved by the Board of Trustees on February 25, 2003. The project contains 193,896
acres, of which 154,188 acres have been acquired or are under agreement to
be acquired. After the Board
of Trustees approves this agreement, 2,349.5 acres or 1 percent of the
project will remain to be acquired. Board of
Trustees Agenda -
April 8, 2003 Page
Thirteen ******************************************************** Item 9,
cont. All mortgages and liens will
be satisfied at the time of closing. There is a 50 percent outstanding
oil, gas and mineral reservation on a portion of the property. The appraisers considered these
reservations and concluded that they have no measurable impact on market
value. There are three
outstanding timber leases on the property, which will expire prior to
closing. The lessees' have
expressed the need for possibly extending these leases. The Department of Environmental
Protection (DEP) and the Department of Agriculture and Consumer Services,
Division of Forestry (DOF), the future managing agency, have agreed to
extend the timber leases through June 30, 2004, if necessary. There are 23 areas located
throughout the property designated for research testing. These areas are being used for the
study of pine tree growth and are effective for a period not to exceed
three years after closing.
There are recorded road easements encumbering existing roadways
through the property but do not hinder the use of the property. DOF has determined they will be
able to manage the property with the outstanding interests in place. 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. Because these issues were
discovered during preliminary due diligence, further research may change
the facts and scope of each issue and, therefore, DEP staff will review,
evaluate and implement an appropriate resolution for these and any other
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. This property of 37,358.5
acres is one of the last remaining major tracts of land to be purchased
within the Tates Hell/Carrabelle Tract. It is an essential parcel that
represents the 'heart' of the project, providing the critical connection
between two major tracts of state-owned lands and solidifying the
connection with the Apalachicola National Forest. Acquisition of this parcel creates
one of the largest conservation 'core' areas in the Eastern United States
- over one million acres. The
remote flatwoods and swamps spreading for miles from the lower
Apalachicola to the Ochlockonee rivers, though logged, are critical to the
survival in north Florida of black bear and other wildlife that need large
unpopulated areas. The Tates
Hell/Carrabelle Tract will conserve most of this land, maintaining a link
of undeveloped land with the Apalachicola National Forest and the
Apalachicola National Estuarine Research Reserve, preserving the water
quality of creeks that flow into productive Apalachicola Bay, and letting
the public hunt, fish, canoe, or simply view the plants and animals in
this uniquely large landscape.
Roughly 83 percent of the gross land is considered to be productive
for growing pine timber, with 76 percent of the gross land currently
having merchantable and pre-merchantable timber valued at approximately
$23,000,000.
This property will be managed
by DOF as a state forest and addition to the Apalachicola National
Forest. 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 9, Pages
1-60) RECOMMEND
APPROVAL Board of
Trustees Agenda -
April 8, 2003 Substitute
Page Fourteen ********************************************************* Substitute Item 10 Southern
Golden Gate Estates/Everglades Restoration Project Discussion DEFERRED FROM THE MARCH 25,
2003 AGENDA REQUEST: A discussion concerning issues
between Collier County and the State of Florida regarding Everglades
restoration project within Southern Golden Gate
Estates. STAFF REMARKS: The Board of Trustees expressed an
interest in meeting with the Collier County Commissioners to discuss
issues between Collier County (County) and the State of Florida and
propose ways to better work together to insure the successful completion
of the Everglades restoration project within Souther Golden Gate Estsates
(SGGE). The Department of
Environmental Protection's Division of State Lands invited the Honorable
Tom Henning, Chairman of Collier County Commission, and his fellow Collier
County Commissioners to participate in the discussion. The following questions have
been submitted as topics of discussion: * On Tuesday, March 13, 2001,
the Collier County Commissioners approved Resolution No. 2001-89, a
"Resolution providing for the Establishment of Earthmining, Conditional
Use "1" of the "A" zoning district, Pursuant to Section 2.2.2.3 of the
Collier County Land Development Code for Property located in Section 16,
Township 50 South, Range 26 East, Collier County, Florida." Included was the approval of
Conditional Use Petition #CU-2000-16 and Commercial Excavation No. 59.764
for the benefit of landowner Jesse Hardy. The Land Development Code for
Collier County has designated this area as "Rural and Agricultural
Area". SGGE has also been
mapped and identified as Natural Resource Protection Area Overlay on the
Golden Gate Area Future Land Use Map. The SGGE area has also been
designated as a "Critical Project" under the Federal Water Resources
Development Act. How does
this property qualify for a Conditional Use Permit? Have all the requirements
set forth on the "Conditions of Approval" to Resolution 01-89 been
reviewed and approved prior to the current excavation activity and is this
approval consistent with the current Comprehensive Plan for SGGE? * What is the status of the
County's potential sale of its interest in the roads within the Southern
Golden Gate Estates area to the Miccosukee Tribe of Indians of
Florida?
* What is Collier County's
application process for approving cutout or split-out of a parcel
identification number into several separate and newly classified parcel
identification numbers?
How long of a process is this? What is required from the
landowner in order to have this application approved by the County? As
long as parcels within the SGGE area are in private ownership, will it be
possible for this procedure to continue? * What procedures are needed
in order to avoid having the Collier County Code Enforcement Office issue
additional Notices of Violation statements with the potential assessment
of fines for structures acquired in the project. Demolition of the structures was
planned to be conducted at the end of the acquisition and the Notice of
Violation is making the state subject to fines and penalties. (See Attachment 10, Pages
1-51) RECOMMEND DEFERRAL TO THE MAY 28, 2003
CABINET MEETING Board of
Trustees Agenda -
April 8, 2003 Page
Fifteen ******************************************************** Item 11
Authorization to Extend Offers/Purchase Tax Deeds/Save Our
Everglades Florida Forever Project SUBSTANTIALLY
REWRITTEN DEFERRED FROM THE MARCH 25,
2003 AGENDA DEFERRED FROM THE FEBRUARY
11, 2003 AGENDA DEFERRED FROM THE JANUARY 28,
2003 AGENDA REQUEST: Consideration of a request to
authorize the Department of Environmental Protection's Director of the
Division of State Lands, or her designee, to extend offers and approve the
purchase of tax deeds pursuant to section 259.041(13), F.S., for parcels
with an assessed value of $25,000 or less; said bid not to exceed
$50,000. COUNTY: Collier STAFF REMARKS: The Save Our Everglades project is
an "A" group project on the Florida Forever Small Parcel Project List
approved by the Board of Trustees on February 25, 2003. That portion of the project lying
south of I-75, commonly referred to as Golden Gate Estates South, contains
55,247.17 acres, of which 51,785 acres have been acquired or are under
agreement to be acquired, leaving 3,462 acres, or 6 percent, which are all
currently in condemnation litigation. The Golden Gate Estates South
portion of this project includes the Southern Golden Gate Estates (SGGE)
subdivision and surrounding acreage tracts bordered by I-75 to the north,
US-41 to the south and the Fakahatchee Strand and Belle Meade Florida
Forever projects to the east and west, respectively. The Department of
Environmental Protection (DEP) is requesting authority from the Board of
Trustees to authorize its Director of the Division of State Lands (DSL),
or her designee, to extend offers and approve the purchase of tax deeds
pursuant to section 259.041(13), F.S., for parcels with an assessed value
of $25,000 or less; said bid not to exceed $50,000. This request is in response to
information obtained by DSL indicating that several private citizens have
been seen attending tax deed sales, placing a bid higher than the current
DSL authority, obtaining a tax deed from the sale, and subsequently making
application to the Collier County Property Appraiser for cut-outs or
split-outs of the newly purchased parcel. The one parcel identification
number now has become four new identification numbers. This has complicated the
negotiation process, and has prevented a full accounting of the current
ownerships from the Collier County tax roll. This request covers any parcel
where a case has not been filed in the eminent domain process and the
parcel is under private ownership. Additionally, each owner with
a tax identification number appearing on the Collier County tax roll would
qualify for some form of compensation. There is the opportunity for
settlement of just compensation within the eminent domain process,
however, should the parcel not be included in a case and filed in the
eminent domain proceeding, then negotiations for a voluntary acquisition
would be appropriate. If the
split-outs are allowed to continue, this will prevent a timely conclusion
of the project not to mention escalating expense to the
project. DEP has reviewed the new
appraisal information, calculated the maximum offers on an average parcel
within the Southern Golden Gate Estates area, and has concluded if given
the authority to bid an amount equal to or less than what the owner would
be receiving in the normal offer process, pursuant to the delegated
authority granted on July 11, 2000, the new owners would reconsider
purchasing tax certificates in order to seek personal profit at the
state's expense. This would
allow staff the flexibility to bid to a maximum amount of $50,000, at the
tax deed sales, and would potentially save the state money where one offer
is given verses four offers.
Board of
Trustees Agenda -
April 8, 2003 Substitute
Page Sixteen ********************************************************* Item 11,
cont. Public acquisition is
essential to continue the conservation, preservation and restoration of
this endangered portion of the western Everglades ecosystem that is a
vital component of the Comprehensive Everglades Restoration Plan
(CERP). Conserving this land
is critical to the ecosystem in the western Everglades, its wildlife and
the water quality throughout the area. In 1996, the hydrological
restoration plan was identified as a "Critical Project" under the Federal
Water Resources Development Act making it eligible for federal funds. The project was subsequently added
to CERP.
The acquisition will allow
the restoration of significant wetlands crucial to the reestablishment of
the historic water flow pattern in the western Everglades. Nearly half of this region's water
flows into Everglades National Park. Purchasing this portion of
the Save Our Everglades Florida Forever project will also help preserve
and restore the fresh water flow necessary for maintaining the rich
productivity of Gulf Coast estuaries, such as Rookery Bay and the Ten
Thousand Islands. Moreover,
the timely implementation of the hydrological restoration plan will
restore important habitat for numerous endangered and threatened species,
including the Florida panther, one of the world's most endangered
mammals. Public acquisition of this
portion of the Save Our Everglades Florida Forever project will preserve a
large piece of South Florida's unique ecosystem. Ultimately, this will contribute
to the formation of a continuous public conservation corridor extending
across South Florida from the Gulf Coast to approximately ten miles from
the Atlantic Ocean. It will
help protect the western Everglades ecosystem from encroachment of
residential, commercial and industrial development. The property will be managed
by the Department of Agriculture and Consumer Services, Division of
Forestry, as an addition to Picayune State Forest. DEP's Division of Recreation and
Parks will manage the property in the area east of the Faka Union
Canal. The South Florida
Water Management District will coordinate the implementation of the
hydrologic restoration project. This acquisition is
consistent with section 187.201(10), F.S., the Natural Systems and
Recreational Lands section of the State Comprehensive
Plan. RECOMMEND
WITHDRAWAL ******************************************************* Substitute Item 12 Grand Bay Plaza, Ltd.
Exchange/Estero Bay Florida Forever Project REQUEST: Consideration of a request to
exchange 1.057 acres of state-owned property in Lee County for two parcels
with a total of 13.41 acres within the boundaries of the Estero Bay
Florida Forever Project; and (2) approve a termination of easement and
grant easement. COUNTY: Lee
Deed No. 31104 APPLICANT: Grand Bay Plaza, Ltd., a Florida
limited partnership (GBP) LOCATION: Section 20, Township 46 South,
Range 25 East Board of
Trustees Agenda -
April 8, 2003 Substitute
Page Seventeen ******************************************************* Substitute Item 12,
cont. CONSIDERATION: Exchange of
parcels
APPRAISED BY
Stokes
Norris
APPROVED
CLOSING PARCEL ACRES 06/27/02
04/30/02 VALUE DATE 1 - (GBP) 3.59 $
547,500
$ 547,500 120 days
after BOT approval 2 - (GBP) 9.82 $ 118,000 $
118,000
120 days after BOT approval 3 - (BOT) 1.057 $
483,500
$ 483,500 120 days
after BOT approval
(Difference in favor of the state $182,000) STAFF REMARKS: A request was received from GBP to
exchange two parcels of property for one state-owned parcel. The 1.057-acre state-owned parcel
that GBP wants is located within the Estero Bay State Buffer Preserve
(Preserve) area near Ft. Myers.
GBP wants the parcel for an entrance to a soon to be developed
commercial shopping center.
As the managing agency of this property, the Office of Coastal and
Aquatic Managed Areas (CAMA) supports the exchange. Parcel one is approximately
3.59 acres consisting of mostly scrubby flatwoods as well as slash pine
canopy, with a sub-canopy of myrtle oak, staggerbush and slash pine. The ground cover includes saw
palmetto, pennyroyal, St. John's wort, yellow-eyed grass, bracken fern and
wiregrass. The parcel is
located immediately adjacent to the Preserve to the west, undeveloped
private lands to the north, undeveloped private lands to the east, and a
mobile home park to the south. Parcel two is a 9.82-acre
parcel located just over a half mile south of the state-owned parcel and
within the Mullock Creek Slough of the Estero Bay Florida Forever
Project. The property is
accessed from a dirt road easement extending west from the end of Pine
Road in southern Lee County.
The property consists of a mixture of uplands and jurisdictional
wetlands. Portions of this
site are covered with native vegetation, which includes pine, palmettos
and cypress. There is
significant infestation of melaleuca on the property; however, GBP has
agreed to remove all exotic species from this parcel in a manner
consistent with the practices of the Preserve. Through the Department of
Environmental Protection's eminent domain efforts to acquire lands for the
Preserve, parcel three, the 1.057-acre parcel, was acquired incidentally
by the State of Florida. It
consists of mature slash pine, with some exotics. Parcel three is bounded by U.S.
Highway 41 on the east, commercial development to the north, a mobile home
park to the south, and undeveloped private lands to the
west. CAMA will receive over 13
acres of high resource land in exchange for a little over one acre of
highway property. Since
parcel one is located adjacent to the Preserve, acquiring it will help
provide for additional continuity and preservation of public lands. Protection of parcel one will also
aid in the protection of the wetlands to the east. Acquiring parcel two will help to
protect the Mullock Creek Slough that flows into the Preserve. Additionally, this proposed
exchange requires the removal of exotic species on both parcels the state
will acquire. Removing
exotics will help to eliminate a seed source of contamination that will
eventually affect other nearby state lands. At its February 7, 2003
meeting, pursuant to section 253.034(6)(e), F.S., the Acquisition and
Restoration Council recommended that the 1.057-acre of state-owned
property be exchanged for the 13.41 acres within the Preserve
project. Board of
Trustees Agenda -
April 8, 2003 Substitute
Page Eighteen ******************************************************** Substitute Item 12,
cont. Noticing requirements for
local and state governments were waived pursuant to section
18-2.019(5)(b)(5), F.A.C.
Noticing requirements for property owners within 500 feet were also
waived pursuant to section 18-2.019(4)(f)2, F.A.C. Additionally, CAMA has clarified
that the 13.41 acres will become part of the
Preserve. Parcel one is subject to a
100-foot roadway and utility easement that extends west from U.S. Highway
41 across the Board of Trustees' 1.057-acre parcel, across the southern
boundary of GBP's proposed shopping center site, across the southern
boundary of parcel one, and connects to Preserve lands located immediately
west of parcel one. Seymour
Epstein and Robert Johnson, previous owners of GBP's shopping center site,
granted the easement to Sahdev, Inc. (Sahdev) in 1997. In February 2000, the Board of
Trustees acquired through eminent domain the Sahdev property, which is the
property to the west of parcel one that is now managed as part of the
Preserve. When the Board of
Trustees acquired the Sahdev parcel, a decision was made not to accept the
easement. Although easements
such as this one are usually appurtenant to and run with the land they
serve, the decision was made not to accept the easement because it would
have required the Board of Trustees to construct the access road from U.S.
Highway 41 to the Sahdev property.
Also, the Board of Trustees did not need the easement for access to
the Preserve. Because no
evidence of this decision has been recorded in the public records, Lee
County (County) believes the Board of Trustees retains the easement
interest and will not allow GBP to begin construction. Department of Environmental
Protection (DEP) staff prepared an affidavit attesting to the Board of
Trustees' decision not to accept the easement. Pursuant to section 253.002(1),
F.S., DEP performs all staff duties and functions related to the
acquisition, administration and disposition of state lands. However, the County does not
believe the affidavit releases the Board of Trustees' interest in the
easement.
Prior to learning of the
Board of Trustees' intent to reject the easement, GBP initially proposed a
termination of easement and grant of new 30-foot easement to better
accommodate its development plans for the site by narrowing and slightly
realigning the roadway. The
proposed realignment reduces the area that crosses parcel one and the
1.057-acre state-owned parcel, and switches responsibility for
construction of the portion of the road from U.S. Highway 41 to the
westerly edge of a proposed mini-warehouse from the Board of Trustees to
GBP. If the Board of Trustees
should ever want the road extended from the mini-warehouse to the
Preserve, it would only be responsible for any costs of construction and
maintenance of that portion of the roadway. DEP staff believes this should be
approved because: (1) the County will not allow GBP to proceed without
some resolution of the easement issue; (2) under the proposed easement,
the Board of Trustees will no longer be responsible for construction of
the portion of the road extending to the westerly edge of GBP's warehouse;
and (3) the Board of Trustees will retain the access easement which,
although not essential, does provide alternative access.
While reviewing GBP's request
it was determined that Seymour Epstein and Robert Johnson did not have
title to the 1.057-acre parcel at the time the 100-foot easement was
granted to Sahdev. Therefore,
the portion of the easement that crosses the 1.057-acre parcel acts as a
cloud on the Board of Trustees' title. Release of the existing easement
will eliminate this title problem.
Although the Board of Trustees will be granting GBP a new easement
across the 1.057-acre parcel, GBP has agreed to value the parcel for
purposes of this land exchange as if no easement existed, which benefits
the Board of Trustees. The
current appraised value of $483,500 is the value of the parcel without the
easement.
Pursuant to a letter received
by Lee County, this exchange is consistent with the Lee County
Comprehensive Plan, and all other regulations. (See Attachment 12, Pages
1-25) RECOMMEND
APPROVAL
| |||||||||||
|
| |||||||||||||
