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Cabinet
Affairs |
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
APRIL 09, 1996
*
Item 1 Minutes
Submittal of the minutes of the February 27, 1996 Cabinet meeting.
RECOMMEND ACCEPTANCE
Item 2 Chapter 18-23, Sections .001, .003 - .006,
.008 and .009, F.A.C. Rule Repeals/Chapter 18-23, Sections .002
and .007, F.A.C. Rule Adoption
REQUEST: Consideration of a request to (1) repeal rule
sections 18-23.001, .003-.006, .008 and .009, F.A.C., which govern
management of state buffer preserves; and (2) adopt revised sections
18-23.002 and .007, F.A.C. also relating to management of state
buffer preserves.
APPLICANT: Division of Marine Resources
LOCATION: Statewide
STAFF REMARKS: By Executive Order 95-74, Governor Chiles
directed each state agency to recommend rules that could be repealed
because such rules are obsolete; are unnecessary for organization
or procedure; merely track statutory language; are required by
statute even though the agency does not need the rule to implement
the legislative direction; were adopted pursuant to section 120.535,
F.S.; or are unnecessary.
Chapter 18-23, F.A.C. governs the management of state buffer preserves.
Buffer preserves are uplands associated primarily with aquatic
preserves and are managed for restoration, preservation or conservation
of natural or cultural values and compatible uses.
Proposed change to chapter 18-23 include the elimination of language
that Department staff has determined merely repeats statutory
language or has otherwise been determined to be unnecessary. No
substantive changes have been made to the intent of the original
rule. Language in sections slated for repeal that is still necessary
has been combined in the remaining sections.
As proposed, seven of the nine sections in chapter 18-23 will
be repealed for a reduction of seventy-seven percent.
Notice of proposed rulemaking was published in the Florida
Administrative Weekly (FAW) on January 19, 1996. No hearing
was requested or held.
Chapter 18-23 designates three areas as buffer preserves. The
program has expanded to include an additional five areas with
the potential of further expansion.
During this year, it is the division's intent to recommend substantive
changes to the rule including eliminating parcel specific references
and allowing for additional compatible uses. It is also the division's
intent to recommend repeal of the rule as a rule of the Board
and adoption of the revised rule as a rule of the Division of
Marine Resources.
(See Attachment 2, Pages 1-24)
RECOMMEND APPROVAL
Board of Trustees
Agenda - April 09, 1996
Page Two
Item 3 Anglers Club Members Association, Inc.
Disclaimer
REQUEST: Consideration of an application for a disclaimer for
(1) a parcel of filled, formerly submerged land encompassing 40,633
square feet (0.93 acres) more or less, comprising a breakwater;
and (2) a parcel of submerged lands beneath a dock encompassing
3,359 square feet (0.08 acres) more or less.
APPLICANT: Anglers Club Members Association, Inc.
COUNTY: Monroe
LOCATION: Sections 12 and 13, Township 59 South, Range
40 East
STAFF REMARKS: The applicant has requested a disclaimer
for the filled lands of a breakwater pursuant to the provisions
of section 18-21.014, F.A.C., and has submitted the required materials
and documentation, including aerial photographs attesting to and
evidencing the fact that the subject breakwater was filled prior
to May 29, 1951. The applicant has also requested a disclaimer
to the area under a portion of the dock as "permanent improvements"
pursuant to the Butler Act (Chapter 8537, Acts of 1921) and section
253.129, F.S. The courts in several recent decisions (e.g., Jacksonville
Shipyards and Industrial Plastics) have held that wharfs
and docks constructed prior to the repeal of the Butler Act constitute
"permanent improvements" for which disclaimers are appropriate.
Aerial photographs dated February, 1947 and November, 1950, as
well as an U.S. Army Corps of Engineer permit dated June, 1950
show the dock in existence. An aerial photograph dated November,
1950 shows the breakwater in place. Current photographs also depict
the breakwater and the dock.
Staff recommends that this disclaimer contain language referencing
the inalienable public trust to which such lands are subject and
indicating that title to such lands will revert to the Board of
Trustees should they become permanently submerged or should the
existing improvements be abandoned, removed or washed away.
A consideration of the status of the local government comprehensive
plan was not made for this item. The department has determined
that the proposed action is not subject to the local government
planning process.
(See Attachment 3, Pages 1-17)
RECOMMEND APPROVAL
Item 4 Lake Wales Ridge Ecosystems CARL Project/Leucadia,
Inc. Option Agreement
REQUEST: Consideration of an option agreement to acquire
approximately 77.6 acres within the Lake Wales Ridge Ecosystems
CARL project from Leucadia, Inc.
COUNTY: Polk
LOCATION: Section 01, Township 36 South, Range 28 East.
Board of Trustees
Agenda - April 09, 1996
Page Three
Item 4, cont.
CONSIDERATION: $209,000
REVIEW NO. 606001
APPRAISED BY (Sutte) APPROVED PURCHASE OPTION ACRES (07/11/95) VALUE PRICE DATE 77.6 $212,000 $212,000 $209,000 06/30/96
STAFF REMARKS: The Lake Wales Ridge Ecosystems CARL project
is number 2 on the CARL Priority Project List approved by the
Board of Trustees on February 14, 1995, and is eligible for negotiation
as a ranked project under the Division of State Lands' Land Acquisition
Workplan. This project contains 33,031 acres, of which 1,250 acres
have been acquired by South Florida Water Management District
and 10,095.18 acres have been acquired or are under agreement
to be acquired by the Board of Trustees. If the Board of Trustees
approves this agreement, 21,608.22 acres or 65.42 percent of the
project will remain to be negotiated.
All mortgages and liens will be satisfied at the time of closing.
In the event the commitment for title insurance, to be obtained
prior to closing, reveals any other encumbrances which may affect
the value or proposed management of the property, staff will so
advise the Board of Trustees prior to closing.
A certified survey and an environmental site assessment will be
provided by the purchaser prior to closing.
The high, sandy Lake Wales Ridge, stretching south from near Orlando
almost to Lake Okeechobee, was originally covered with a mosaic
of scrub, flatwoods, wetlands, and lakes. The scrub is unique
in the world - it is inhabited by many plants and animals found
nowhere else - but it has almost completely been converted to
citrus groves and housing developments. The Lake Wales Ridge Ecosystems
CARL project is designed to protect the best remaining tracts
of this scrub and the ecosystems associated with it, thereby preserving
several endangered species and allowing the public to see examples
of the unique original landscape of the ridge.
This property will be managed by the Florida Game and Fresh Water
Fish Commission under a single-use concept as a unit of the Lake
Wales Ridge Ecosystems.
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 4, Pages 1-24)
RECOMMEND APPROVAL
Item 5 Lake Powell CARL Project/TNC Purchase
Agreement/Management Policy Statement Amendment
REQUEST: Consideration of (1) the acquisition of
a purchase agreement to acquire 183.5 acres within the Lake Powell
CARL project from The Nature Conservancy (TNC); (2) designation
of the Division of Recreation and Parks and Game and Fresh Water
Fish Commission as the managing agencies for Lake Powell; and
(3) amendment of the management policy statement for Lake Powell.
COUNTIES: Bay and Walton
Board of Trustees
Agenda - April 09, 1996
Page Four
Item 5, cont.
LOCATION: Section 31, Township 02 South, Range 17 West
CONSIDERATION: $13,575,000 ($100,000 for the acquisition
of the purchase agreement; $13,475,000 for the purchase of the
property)
REVIEW NO. 606002
APPRAISED BY
Chandler Keller APPROVED PURCHASE CLOSING
PARCEL ACRES (01/12/96) (02/20/96) VALUE PRICE DATE
DBRI 183.5 $14,000,000 $14,000,0000 $14,000,000 $13,475,000 07/01/96
STAFF REMARKS: The Lake Powell CARL project is ranked
number 6 on the CARL Priority Project List approved by the Board
of Trustees on February 13, 1996, and is anticipated to be eligible
for negotiation under the Division of State Lands' FY96/97 Land
Acquisition Workplan, if the 1996 Florida Legislature appropriates
a 7th series of Preservation 2000 bonds. This project contains
900 acres, of which these are the first to be acquired. After
the Board of Trustees approves this agreement, 716.5 acres or
80 percent of the project will remain to be acquired.
Pursuant to a multi-party agreement entered into between the Division of State Lands and TNC, TNC has entered into a purchase agreement to purchase 183.5 acres within the Lake Powell CARL project from Dana Beach Resorts, Inc. (DBRI), that currently holds an option to acquire
the property from Camp Helen, Inc. If this item is approved, the
Board of Trustees will acquire the purchase agreement from TNC
for $100,000. The Board of Trustees may then purchase the property.
The assignment of the purchase agreement further provides that
in no event will the purchase price for the purchase agreement
and purchase price of the property exceed the approved value of
the property.
All mortgages and liens will be satisfied at the time of closing. A title commitment with an effective date of March 20, 1995 has been reviewed and revealed two issues which need further investigation: (1) an outstanding mineral interest in favor of The United States of America encumbers the property; and (2) an easement to Gulf Power Company. In the event the commitment for title insurance reveals any other encumbrances which may affect the value of the property or proposed management of the property, staff will so advise the Board of Trustees prior to closing.
A Phase One Environmental Site Assessment, provided by the seller,
has been reviewed and revealed several areas which need remediation,
further investigation or clarification. The seller will be required
to provide a Phase Two Environmental Site Assessment. In the event
further testing confirms the presence of contamination on the
property but, in the opinion of the Bureau of Waste Cleanup, such
contamination does not require some form of remediation, in the
interest of the public health, safety and welfare, then the purchaser
will proceed with the closing after making a determination that
the area of contamination will not effect the ownership or management
of the property. The contract provides for the purchaser reimbursing
the seller for actual reasonable costs of both the Phase One and
Phase Two Environmental Site Assessments.
A certified survey, provided by the seller, is currently under
review with the purchaser reimbursing the seller for actual reasonable
costs.
Between the coastal developments of Walton County and the motels
of Panama City Beach, Lake Powell still remains in a natural state.
The Lake Powell project will conserve the flatwoods, hammocks,
and dunes around the lake, helping to maintain the high water
quality of the lake and its recreational fishery; preserving the
habitat of several rare plants and shorebirds; and providing the
public with a scenic area in which to learn about and enjoy the
shrinking natural world of this growing coast.
Board of Trustees
Agenda - April 09, 1996
Page Five
Item 5, cont.
At the time the Board of Trustees approved the CARL Annual Report
on February 13, 1996, the Game and Fresh Water Fish Commission
(GFC) was identified as the manager of the Lake Powell CARL project.
Pursuant to section 259.032(9)(b)2., F.S., staff recommends that
the Board of Trustees designate the Division of Recreation and
Parks (DRP) as the manager of the Camp Helen portion of the project
as a unit of the state park system and GFC as the managing agency
for the balance of the project to be managed as a Wildlife Management
Area. This recommendation to designate dual project managers is
made with concurrence by GFC.
Section 259.032(9)(b)1, F.S., contemplates that the Board of Trustees,
concurrent with its approval of this acquisition agreement, would
"...evaluate and amend, as appropriate, the management policy
statement for the project as provided by s. 259.035, F.S., consistent
with the purposes for which the lands are acquired." At the
time the management policy statement for this project was originally
written, the Camp Helen property was not available for purchase
by the state. Since that time, however, the property has become
available and the original management concept for the project
has changed. Additionally, interest has been expressed by Gulf
Coast Community College (GCCC) in establishing an environmental
education center on a portion of the Camp Helen property on a
partnership basis to complement the operation of the state park.
DRP supports this concept and will work with GCCC to identify
an appropriate site for such a facility and to develop a suitable
operating agreement. Staff recommends that the Board of Trustees
amend the original management policy statement to reflect this
agreement. The amended management policy statement is included
in the backup to this agenda item.
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 5, Pages 1-35)
RECOMMEND APPROVAL
Item 6 Rookery Bay CARL Project/Duxstad and Meyer
Option Agreement/Survey Waiver
REQUEST: Consideration of (1) an option agreement to acquire
1.37 acres within the Rookery Bay CARL project from Lee Duxstad
and Rudy Meyer; and (2) a waiver of survey.
COUNTY: Collier
LOCATION: Section 25, Township 51 South, Range 25
East
CONSIDERATION: $20,000
REVIEW NO. 606003
APPRAISED BY
(Bowen) APPROVED PURCHASE CLOSING
SELLER ACRES (07/01/92) VALUE PRICE DATE
Duxstad 1.37 $20,000 $20,000 $20,000 06/30/96
STAFF REMARKS: The Rookery Bay CARL project is ranked number
8 on the CARL Priority Project List approved by the Board of Trustees
on February 14, 1995, and is eligible for purchase under
the Division of State Lands' Land Acquisition Workplan. This project
contains 10,853 acres, of which 4,151.87 acres have been acquired
or are under agreement to be acquired. After the Board of Trustees
approves this agreement, 6,699.76 acres or 61.74 percent of the
project will remain to be acquired.
Board of Trustees
Agenda - April 09, 1996
Page Six
Item 6, cont.
All mortgages and liens will be satisfied at the time of closing.
In the event the commitment for title insurance, to be obtained
prior to closing, reveals 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.
A waiver of the requirement for a survey is being requested pursuant
to section 18-1005, F.A.C., because, in the opinion of the Bureau
of Survey and Mapping, the benefit of a survey for this parcel
would be outweighed by the cost and time involved in obtaining
the survey. An environmental site assessment will be provided
by the purchaser prior to closing.
Rookery Bay is an outstanding subtropical estuary in the fastest
growing part of Florida. Its mangroves shelter important nesting
colonies of water birds, and feed and protect aquatic animals.
The Rookery Bay CARL project will protect the bay's water quality
and its native plants and animals and will provide recreational
opportunities to the people of Southwest Florida. The project
will also further coastal ecosystem research and environmental
education.
This property will be managed as part of the Rookery Bay National
Estuarine Research Reserve under the authority of the Division
of Marine Resources of the Department of Environmental Protection.
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 6, Pages 1-19)
RECOMMEND APPROVAL
Item 7 Coupon Bight/Key Deer CARL Project/Glatt
Purchase Agreement/Waiver of Survey
REQUEST: Consideration of (1) a purchase agreement
to acquire 1.50 acres within the Coupon Bight/Key Deer CARL project
utilizing appraisals based on land use regulations in effect as
of January 1, 1996; and (2) a waiver of survey.
COUNTY: Monroe
LOCATION: Big Pine Key
CONSIDERATION: $63,600
REVIEW NO. 606004
APPRAISED BY
WARONKER APPROVED PURCHASE CLOSING
SELLER LOTS ACRES (05/21/94) VALUE PRICE DATE
GLATT 6 1.50 $63,600 $63,600 $63,600 04/31/96
STAFF REMARKS: The Coupon Bight/Key Deer CARL project is ranked number 2 on the CARL Mega-Multiparcels Priority List approved by the Board of Trustees on February 14, 1995, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. This project contains 1,816 acres of which 368 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 1,448 acres or 80 percent of the project will remain to be acquired.
Board of Trustees
Agenda - April 09, 1996
Page Seven
Item 7, cont.
On March 12, 1996, the Board of Trustees exercised its authority
under section 259.041(1), F.S., to waive the normal appraisal
procedures and to substitute other reasonably prudent procedures.
This waiver enabled the Division of State Lands to utilize approved
appraised values that were based on land use regulations in effect
as of January 1, 1996 in Monroe County and Big Pine Key, Florida.
All mortgages and liens will be satisfied at the time of closing.
In the event the commitment for title insurance, to be obtained
prior to closing, reveals 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.
A waiver of the requirement for a survey of these parcels is being
requested pursuant to section 18-1.005, F.A.C. The Bureau of Survey
of Survey and Mapping recommends and requests that the Board of
Trustees waive all surveys conditioned on a staff determination
that the parcel(s) to be acquired meets the following criteria:
Ø the
particular parcel(s) is surrounded by state-owned lands or surrounded
by lands the state intends to acquire;
Ø the
parcel(s) or the parent tract has been surveyed since 1900, and
the survey drawing is acceptable for computing acreage;
Ø the
parcel(s) is in its natural unimproved condition; and
Ø the
boundary of the parcel(s) does not adjoin fences or improvements
other than those managed by the state.
Under these conditions, a survey will not be required.
The subtropical pine forests of rapidly developing Big Pine Key
and the islands around it are the home of the endangered Key deer
as well as of many Caribbean plants found nowhere else in the
country. Rich coral reefs and other hardbottom communities flourish
in the shallow water around the islands. The Coupon Bight/Key
Deer CARL project will protect the remaining undeveloped land
on Big Pine and No Name Keys, without which, the Key deer will
not survive; protect the water quality of the Coupon Bight Aquatic
Preserve and the other waters surrounding the islands; and provide
the public an area to appreciate the unique natural world of this
part of Florida.
This property will be managed by the Division of Marine Resources
in conjunction with U.S. Fish and Wildlife as a part of the National
Key Deer Refuge.
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 7, Pages 1-7)
RECOMMEND APPROVAL
Board of Trustees
Agenda - April 09, 1996
Page Eight
Item 8 Triple N Ranch Game and Fresh Water Fish
Commission Projects/Option Agreements
REQUEST: Consideration of two option agreements to acquire
3,287 acres by the Game and Fresh Water Fish Commission under
the Preservation 2000 program from the M. L. Carter Realty Trust
II, M. L. Carter Realty Trust III, the Hilltop Trust, and the
Metrowest Charitable Remainder Trust, as to the Carter Tract;
and from McNamara Enterprises, as to the McNamara Tract.
COUNTY: Osceola
APPLICANT: Game and Fresh Water Fish Commission
LOCATION: Section 24, Township 27 South, Range 32 East
Sections 01 - 03, Township 28 South, Range 33 East
CONSIDERATION: $3,460,900
REVIEW NO. 606005
APPRAISED BY
Benson Callaway APPROVED PURCHASE OPTION
PARCEL ACRES (07/06/95) (07/06/95) VALUE PRICE DATE
Carter 1,366 $1,700,000 $2,000,000 $2,000,000 $1,844,100 06/15/96
REVIEW NO. 60006
Benson Lawson
(10/10/95) (10/10/95)
McNamara 1,921 $2,000,000 $2,115,000 $2,115,000 $1,616,800 07/15/96
------ --------- ----------
3,287 $4,115,000 $3,460,900
STAFF REMARKS: The Triple N Ranch Game and Fresh Water
Fish Commission (GFC) Projects are ranked number 6 and number
14 on the current GFC acquisition list and were negotiated by
the GFC under the P2000 Additions and Inholding Program.
All mortgages and liens will be satisfied at the time of closing.
In the event the commitment for title insurance, to be obtained
prior to closing, reveals any other encumbrances which may affect
the value of the property, staff will so advise the Board of Trustees
prior to closing.
The survey and environmental site assessment of the properties
will be provided by the GFC prior to closing.
The extreme western addition of 1,366 acres to the Triple N Ranch
tract, known as the Carter Tract, lies on the eastern side of
U.S. Highway 441, and south of U.S. Highway 192. The Board of
Trustees approved the joint acquisition of the main portion of
the tract containing 8,972 acres on a 50/50 basis with the St.
Johns River Water Management District on October 25, 1994.
Because of its size and general location, it was decided that
the area was well suited for a quality deer management/limited
entry wildlife management area and it was therefore established
as a separate wildlife management area from the Bull Creek Wildlife
Management Area even though it was adjacent thereto.
The commission seeks to provide hunting opportunities on this
tract that are not found on traditional wildlife management areas.
Management strategies will be developed to: (1) increase the number
of older age class deer; (2) minimize disturbance by other hunters;
(3) provide hunters a high likelihood of seeing deer; and (4)
assure that hunters have reasonable chance of harvesting an older
age class deer. This type of enhanced recreational opportunity
will be offered to the public at an elevated entrance fee.
The Carter Tract is within the jurisdictional boundaries of the South Florida Water Management District. The property is relatively flat and contains 990 acres of upland and 376 acres of wetland.
Board of Trustees
Agenda - April 09, 1996
Page Nine
Item 8, cont.
The acquisition of the Carter Tract would complete phase 2 of the Triple N Ranch acquisition which is westerly of the boundary of the Triple N Ranch Wildlife Management Area. This would extend the Triple N Ranch boundary west to the eastern right-of-way line of U.S. Highway 441, which helps define the western boundary and provide highway access.
The McNamara Tract is south of and adjacent to the original Triple
N Ranch and borders the Bull Creek Wildlife Management Area on
its westerly boundary. This tract is also relatively flat and
contains 1,382 acres of upland and 538 acres of wetland.
Both properties will be managed by the Game and Fresh Water Fish
Commission as additions to the Triple N Ranch Wildlife Management
Area.
These acquisitions are consistent with section 187.201(10), the
Natural Systems and Recreational Lands section of the State Comprehensive
Plan.
(See Attachment 8, Pages 1-65)
RECOMMEND APPROVAL
Item 9 Florida Department of Agriculture and
Consumer Services, Division of Forestry/Southern Timber Partners
I, Ltd. Purchase Agreement
REQUEST: Consideration of a purchase agreement to acquire
4,291 acres by the Department of Agriculture and Consumer Services,
Division of Forestry under the Preservation 2000 program from
Southern Timber Partners I, Ltd.
COUNTY: Santa Rosa
APPLICANT: Department of Agriculture and Consumer Services,
Division of Forestry
LOCATION: Sections 11, 12, 13, 14, 15, 22, 23, 24, 25 and
26, Township 02 North, Range 27 West, and Section 18, Township
2 North, Range 26 West
CONSIDERATION: $3,055,000
REVIEW NO. 606007
APPRAISED BY
PARCEL KETCHAM MARTIN APPROVED PURCHASE CLOSING
NAME ACRES (10/28/94) (11/02/94) VALUE PRICE DATE
Hutton 4,291 $3,148,125 $2,917,257 $3,148,125 $3,055,000 5 months
after BOT
approval
STAFF REMARKS: This acquisition was negotiated by the Department
of Agriculture and Consumer Services, Division of Forestry (DOF)
under the P2000 Additions and Inholding Program. This property
is also part of the Juniper Creek Watershed CARL project which
is ranked number 24 on the 1996 CARL Priority Project List and
not anticipated to be funded under the Division of State Lands'
Land Acquisition Workplan for 1996.
All mortgages and liens will be satisfied at the time of closing.
Preliminary title information has indicated outstanding oil, gas
and mineral interests encumber the subject property. This mineral
interest is fractionalized and not feasible for the Seller to
reassemble the outstanding interest. The Bureau of Geology has
been consulted and does not believe that there are minerals in
the
Board of Trustees
Agenda - April 09, 1996
Page Ten
Item 9, cont.
near-surface area on this site that could be considered economically
viable. In the case of fuel resources, four oil and gas wells
drilled in the vicinity of this site were capped because they
were dry holes. The closest producing oil well is approximately
twelve miles away. The Bureau of Appraisal has reviewed this information
and has determined that there is no effect on the market value
of this property as a result of the outstanding oil, gas and mineral
interests. The DOF has reviewed this situation on this parcel
and has determined that the property can be effectively managed
subject to the outstanding mineral interest.
In the event the commitment for title insurance, to be obtained
for the parcel prior to closing, reveals any other encumbrances
which may affect the value of the parcel or the proposed management
of the parcel, staff will so advise the Board of Trustees prior
to closing.
A survey and environmental site assessment of the property will
be provided by the DOF prior to closing.
Once acquired, this property will be managed by the Department
of Agriculture and Consumer Services, Division of Forestry as
part of the Blackwater River State Forest. This parcel is adjacent
to the Blackwater River State Forest and will consolidate state
forest boundaries and improve overall management of the forest.
This property will be managed for natural resource conservation
and outdoor recreation activities under a multiple use management
regime.
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 1-26)
RECOMMEND APPROVAL
Item 10 Cary State Forest Addition Project/Department
of Agriculture and Consumer Services, Division of Forestry/St.
John's River Water Management District Acquisition Agreement
REQUEST: Authority for the Department and the Department
of Agriculture and Consumer Services, Division of Forestry, to
enter into an Acquisition Agreement with St. Johns River Water
Management District for the Cary State Forest Addition project.
COUNTIES: Nassau and Duval
LOCATION: Sections 10-15, 23-28, 32-35, Township 01 North, Range 24 East and
Section 18, Township 01 North, Range 25 East
STAFF REMARKS: The Cary State Forest Addition project is adjacent to Cary State Forest and is eligible for funding by the Department of Agriculture and Consumer Services, Division of Forestry (DOF) as a Preservation 2000 project acquisition. The proposed agreement covers approximately 8,600 acres. To facilitate the acquisition of this project, the St. Johns River Water Management District (District) has offered to take the lead in the acquisition of the project. DOF has prepared an agreement that would allow the District to acquire the Cary State Forest Addition project in accordance with section 259.041(1), F.S., utilizing the procedures set out in section 373.139, F.S. On September 13, 1994, the Board of Trustees approved the use of the District's procedures to allow the District to acquire lands to be held jointly by the Board
Board of Trustees
Agenda - April 09, 1996
Page Eleven
Item 10, cont.
of Trustees and the District. At that time the Board of Trustees
determined, consistent with section 259.041(1), F.S., that the
substitution of the District's procedures for its own procedures
was reasonably prudent and the public's interest was being reasonably
protected. This agreement will allow the District to utilize its
procedures to acquire the above described property. Under the
agreement a 75 percent undivided interest in title to each parcel
will vest with the Board of Trustees and a 25 percent undivided
interest in title to each parcel will vest with the District.
The DOF will fund 75 percent of the cost of acquisition of each
parcel from its Preservation 2000 program funds and the District
will fund 25 percent of the cost of acquisition of each parcel.
If the Board of Trustees approves this item, the District staff
will present the agreement to its Governing Board for execution
at its next board meeting. Upon receipt of the executed agreement
from the District, DOF will execute the agreement and staff will
execute the agreement on behalf of the Board of Trustees.
Incorporated into the agreement are a number of assurances that
the District is giving the Board of Trustees in return for its
consideration of this agreement. The District has agreed to: 1)
comply with the procedures set out in section 373.139, F.S.; 2)
defend the Board of Trustees against all title and survey disputes
or defects and environmental contamination associated with each
acquisition negotiated by the District that were either known
or should have been known by the District at the time it closes
a parcel on behalf of the Board of Trustees; and 3) reimburse
DOF 75 percent of any overpayment of the purchase price, if an
audit or investigation determines that the purchase price paid
exceeded the actual appraised value.
Under the proposed agreement, the District staff will obtain and
review appraisals, negotiate a purchase contract and secure the
approval of its governing board. The District will provide DOF
and the Division of State Lands with a board resolution covering
the assurances noted in the previous paragraph and requesting
authorization to proceed with the purchase of the parcel. DOF
and staff will request Board of Trustees' authorization to proceed
for each parcel the District contracts to purchase. If the Board
of Trustees approves the purchase, the District will proceed to
closing on the parcel. In addition, the agreement provides for
the District to be reimbursed by DOF 75 percent of all costs associated
with its attempt to acquire lands within the project, including
all pre-acquisition and closing related costs, with the pre-acquisition
costs being reimbursed even if the District is unsuccessful in
acquiring any property.
Staff recommends that the Board of Trustees find that the procedures
set out in section 373.139 and used by the District are reasonably
prudent procedures and the public's interest is reasonably protected
and coupled with the assurances to be provided by the District's
Governing Board meet the standards necessary for ownership by
the Board of Trustees.
The Cary State Forest Addition will be managed by the Department
of Agriculture and Consumer Services, Division of Forestry as
part of Cary State Forest and will be designated as the lead managing
agency on acquired parcels. DOF shall retain all revenues it receives
from the acquired parcels and all such revenues, except 15 percent
of gross receipts as prescribed in section 589.08(2), F.S. for
payment to the counties, shall be exclusively used for the management
of Cary State Forest. This property will be managed for natural
resource conservation and outdoor recreation activities under
a multiple-use management regime.
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 10, Pages 1-7)
RECOMMEND APPROVAL
Board of Trustees
Agenda - April 09, 1996
Page Twelve
Item 11 Rookery Bay CARL Project/Keewaydin Island/Declaration
of Covenants and Restrictions Amendment
REQUEST: Consideration of a request to amend the Declaration
of Covenants and Restrictions limiting development on approximately
60 acres of private ownership on the north end of Keewaydin Island
in the Rookery Bay CARL project.
COUNTY: Collier
APPLICANT: Lucille M. Drackett and Barret C. Ott
LOCATION: Sections 27 and 28, Township 50 South, Range
25 East
STAFF REMARKS: On March 23, 1993 the Board of Trustees
approved the purchase of approximately 2,300 acres on Keewaydin
Island in the Rookery Bay CARL project. The closing took place
on November 1, 1993. The sellers of the 2,300-acre parcel retained
title to approximately 60 acres known as the Keewaydin Club, on
the northern tip of the island and agreed to place covenants and
restrictions on these retained lands which would regulate future
development of the club property. In exchange for this regulation
on future development, the Board of Trustees placed covenants
and restrictions on the 2,300-acre parcel it purchased, allowing
only low intensity, passive uses consistent with the preservation
of the natural environment.
The owners of the Keewaydin Club property recently requested modifications
to the covenants and restrictions affecting their lands. Any amendment
to said covenants and restrictions requires prior written consent
of the Board of Trustees. The proposed amendment eliminates commercial
uses from the list of facilities which can be constructed; provides
that the term "residential use" shall not include apartments,
condominiums or any other multi-family residential use; limits
structures to a height of 30 feet above the one-hundred year flood
elevation as measured by FDEP; clarifies the calculation of square
footage of area as the footprint area of permanent and habitable
recreational or residential structures and ancillary structures;
and grants a non-exclusive, perpetual easement for ingress and
egress over, across and upon the common areas of the Keewaydin
Club property for use by the personnel of the Rookery Bay National
Estuarine Research Reserve, and other cooperating federal, state
and local agency personnel under the supervision of Reserve staff,
for access to Reserve lands. The amendment will be recorded upon
receipt of the Surface Water Management and Coastal Construction
Control Line permits for the project. Staff has reviewed the proposed
changes and found them consistent with the intent of the original
Declaration of Covenants and Restrictions.
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 11, Pages 1-12)
RECOMMEND APPROVAL
Item 12 Release of Funds From the CARL Trust
Fund for Incidental Costs
REQUEST: Release of $5,000,000 from the CARL Trust Fund
for incidental costs relating to acquisition of CARL projects.
COUNTY/LOCATION: Statewide
Board of Trustees
Agenda - April 09, 1996
Page Thirteen
Item 12, cont.
CONSIDERATION: $5,000,000
STAFF REMARKS: The Board of Trustees has periodically released
funds from the CARL Trust Fund for incidental costs relating to
the acquisition of CARL projects. These funds are initially utilized
for contracting for appraisal/boundary maps, preliminary title
work, appraisals and project related travel prior to initiation
of negotiations. Additionally, these funds are used to cover closing
related expenses, such as surveys, environmental site assessments,
title insurance and recording costs.
Staff is requesting the release of $5,000,000 for these purposes
to be used for projects on the 1996 CARL list. It is estimated
these additional funds will be sufficient to cover incidental
expenses through September 30, 1996.
RECOMMEND APPROVAL