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Cabinet
Affairs |
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Item 1 Minutes
Submittal of the minutes of the April 9, 1996 Cabinet meeting.
RECOMMEND ACCEPTANCE
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Item 2 Quarterly Management Report
Submittal of the Quarterly Management Report for the third quarter,
FY 1995-96.
(See Attachment 2, Pages 1-14)
RECOMMEND ACCEPTANCE
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Item 3 BOR/UF/BOT/Bennett Purchase Agreement
REQUEST: Consideration of a purchase agreement among the
Florida Board of Regents, University of Florida and the Board
of Trustees to acquire 927 acres of land from R. D. and Jacqueline
Bennett.
COUNTY: Jackson
APPLICANT: University of Florida
LOCATION: Section 01, Township 05 North, Range 10 West
and Section 36, Township 06 North, Range 10 West
CONSIDERATION: $835,000
REVIEW NO.609001
APPRAISED BY
ROGERS KETCHAM APPROVED PURCHASE CLOSING
ACRES (11/14/95) (11/14/95) VALUE PRICE DATE
927 $835,000 $810,000 $835,000 $835,000 200 days after BOT approval
STAFF REMARKS: This acquisition was negotiated by the University
of Florida, Institute of Food and Agriculture Sciences (UF/IFAS).
Funds for this acquisition were appropriated by the Florida Legislature
and are still available.
The subject property is pasture land with the only improvements
consisting of perimeter and interior field fencing and gates.
These ancillary improvements are considered typical for this type
of land and were not given a separate value but the existence
of these improvements was recognized and considered in the overall
land valuation.
The southern 240 acres of this property is subject to a reservation
in favor of the United States of America with respect to all of
the uranium, thorium and other materials essential to the production
of fissionable material and the right to mine the same. This same
reservation exists on property adjacent to the eastern side of
the 240 acres and currently owned by the Board of Trustees and
under lease to UF/IFAS. The Bureau of Geology has advised that
there is little to no likelihood that uranium or thorium exist
in the area. Staff, with the assistance of and at the expense
of UF/IFAS, will attempt to obtain, post closing, the release
of the reservation on both the subject property and the adjacent
Board of Trustees' parcel.
Board of Trustees
Agenda - May 29, 1996
Page Two
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Item 3, cont.
All mortgages and liens on the property will be satisfied at the
time of closing. In the event the commitment for title insurance,
to be obtained for the property 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. UF will provide the title
commitment and policy for this acquisition.
A certified survey and environmental site assessment will be provided
by UF prior to closing.
This property will be managed by the University of Florida, Institute
of Food and Agricultural Sciences as a cattle research facility
through a lease to the Florida Board of Regents.
These acquisitions are consistent with section 187.201(01), F.S.,
the Education section of the State Comprehensive Plan.
(See Attachment 3, Pages 1-24)
RECOMMEND APPROVAL
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Item 4 Archie Carr Sea Turtle Refuge CARL Project/Hatala
Option Agreement
REQUEST: Consideration of an option agreement to acquire
1.97 acres within the Archie Carr Sea Turtle Refuge CARL project
from Leonard J. and Constance C. Hatala.
COUNTY: Indian River
LOCATION: Section 03, Township 31 South, Range 39 East
CONSIDERATION: $ 357,000
REVIEW NO.609002
APPRAISED BY
(Sutte) APPROVED PURCHASE OPTION
SELLER ACRES (11/15/94) VALUE PRICE DATE
Hatala 1.97 $357,000 $357,000 $357,000 10/15/96
STAFF REMARKS: The Archie Carr Sea Turtle Refuge CARL project
is ranked number 3 on the CARL Priority Project 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 948 acres, of which 322.04 acres
have been acquired or are under agreement to be acquired. After
the Board of Trustees approves this agreement, 623.99 acres or
65.82 percent of the project will remain to be acquired.
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.
A certified survey, environmental site assessment and title insurance
policy will be provided by the purchaser.
Although sea turtle nesting occurs from the southern tip of Texas to the southern coast of Virginia, a 20-mile stretch of beach in Brevard and Indian River Counties, Florida, is one of the most significant nesting areas for Loggerhead Sea Turtles in the world; the most significant nesting area for Green Sea Turtles in the western hemisphere and an occasional nesting area for the Leatherback Sea Turtle, one of the largest and rarest sea turtles. Stretches of quiet, undisturbed sandy beaches, with little or no artificial light, are essential to the reproductive
Board of Trustees
Agenda - May 29, 1996
Page Three
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Item 4, cont.
success and survival of sea turtles. For thousands of years, sea
turtles have returned each year to these beaches to lay their
eggs and continue the species. The Archie Carr Sea Turtle Refuge
project is designed to help protect the habitat and assure the
continued survival of these endangered sea turtles. The proposed
acquisition would add to several public ownerships protecting
undeveloped Atlantic Coast shoreline.
Indian River County, with support from other agencies, will manage
the site with all management activities being directed toward
the preservation of the sea turtle nesting beaches.
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 1-20)
RECOMMEND APPROVAL
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Item 5 Wekiva-Ocala Greenways CARL Project/Donald
L. Jung Option Agreement
REQUEST: Consideration of an option agreement to
acquire approximately 1,096.3 acres within the Wekiva-Ocala Greenways
CARL project from Donald L. Jung, Trustee.
COUNTY: Lake
LOCATION: Sections 34 and 35, Township 17 South,
Range 29 East
CONSIDERATION: $1,450,000
REVIEW NO. 609003
APPRAISED BY
Hupp Arline APPROVED PURCHASE OPTION
PARCEL ACRES (08/31/95) (08/31/95) VALUE PRICE DATE
Jung, Tr. 1,096.3 $1,644,500 $1,645,000 $1,645,000 $ 1,450,000 09/30/96
STAFF REMARKS: The Wekiva-Ocala Greenways CARL project
is ranked number 7 on the CARL Priority Project 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. The Wekiva-Ocala Greenways project contains 28,050 acres,
of which 10,853.82 acres have been acquired or are under agreement
to be acquired. After the Board of Trustees approves this agreement,
16,099.88 acres or 57.39 percent of the project remains to be
negotiated.
A title search of the property revealed that approximately 476
acres are encumbered by outstanding oil, gas and mineral interests
held by Volaco, Inc. The Bureau of Geology has indicated that
the potential for economic oil and gas production in the area
is considered slim and the potential for economic mineral development
in the area is considered low. The Bureau of Appraisal has indicated
that the outstanding interests do not affect the market value
of the property and the managing agency indicates that the outstanding
interests do not affect management of the subject property. Staff
recommends acquiring these properties subject to the outstanding
interests.
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.
Board of Trustees
Agenda - May 29, 1996
Page Four
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Item 5, cont.
A certified survey and the environmental site assessment will
be provided by the purchaser prior to closing.
These properties will be managed by the Division of Recreation
and Parks as a state preserve.
The springs, rivers, lakes, swamps, and uplands stretching north
from Orlando to the Ocala National Forest are an important refuge
for the Florida black bear, as well as other wildlife such as
the bald eagle, swallow-tailed kite, Florida scrub jay and wading
birds. The Wekiva-Ocala Greenway will protect these animals and
the Wekiva and the St. Johns river basins by protecting natural
corridors connecting Wekiva Springs State Park, Rock Springs Run
State Reserve, the Lower Wekiva River State Preserve and Hontoon
Island State Park with the Ocala National Forest. It will also
provide the people of the booming Orlando area with a large, nearby
natural area in which to enjoy camping, fishing, swimming, hiking,
canoeing and other recreational pursuits.
This acquisition is consistent with section 187.201 (10), F.S.,
the Natural Systems and Recreational Lands section of the State
Comprehensive Plan.
(See Attachment 5, Pages 1-24)
RECOMMEND APPROVAL
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Item 6 Tate's Hell Carrabelle Tract CARL Project/Southern
Pine Plantations of Georgia, Inc./TNC Option Agreement
REQUEST: Consideration of the acquisition of an option
agreement to acquire 14,958 acres within the Tate's Hell Carrabelle
Tract CARL project from The Nature Conservancy (TNC).
COUNTIES: Franklin and Liberty
LOCATION: Sections 19 - 23 and 26 - 35, Township 05 South, Range 04 West; and
Sections 21 - 29 and 33 - 36, Township 05 South, Range 05 West
CONSIDERATION: $7,651, 650 ($7,576,650 for the acquisition;
$75,000 for the purchase of the option agreement)
REVIEW NO. 609004
APPRAISED BY
King Rogers APPROVED PURCHASE OPTION
ACRES (01/09/96) (08/23/95) VALUE PRICE DATE
14,958 $8,601,000 $7,939,700 $8,601,000 $7,651,650 6/17/96
STAFF REMARKS: The Tate's Hell Carrabelle Tract CARL project
is ranked number 9 on the CARL Priority Project 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 214,520 acres, of which 90,611
acres have been acquired or are under agreement to be acquired.
After the Board of Trustees approves this agreement, 108,951 acres
or 50.79 percent of the project will remain to be negotiated.
Pursuant to a multi-party acquisition agreement entered into between the Division of State Lands and TNC, TNC has acquired an option to purchase 14,958 acres within the Tate's Hell Carrabelle Tract CARL project from Southern Pine Plantations of Georgia, Inc., a Georgia corporation. After this acquisition is approved, the Board of Trustees will acquire the option from TNC for $75,000, which represents TNC's costs associated with acquiring the option. The Board of Trustees may then exercise the option and purchase the property. The assignment of option agreement provides that payment to TNC is contingent upon the Board of Trustees Board of Trustees
Agenda - May 29, 1996
Page Five
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Item 6, cont.
successfully acquiring the property from the owner. The assignment
of option agreement further provides that in no event will the
purchase price for the option and the purchase price of the property
exceed the statutory maximum value of the property.
Title information revealed that outstanding oil, gas and mineral
interests and a timber-cutting agreement encumber the property.
Based upon available title information, it appears that two outstanding
mineral interests retain a surface right of entry. Both such interests
affect the same 320-acre portion of the subject property. An undivided
one-half interest is claimed by Max and Rosenia Kilbourn, and
an undivided one-fourth interest is claimed by Exxon Corporation.
The seller has made arrangements to purchase the interest claimed
by Mr. and Mrs. Kilbourn, and will convey this interest to the
Board of Trustees at closing. The seller has discussed with Exxon
Corporation the possibility of donating its oil, gas and mineral
interests to the Board of Trustees at closing. It is unknown at
this time whether Exxon Corporation will agree to this donation.
Available title information also discloses various outstanding
oil, gas and mineral interests for which the surface right of
entry has been barred by the Marketable Record Title Act (chapter
712, F.S.). These interests for which the surface right of entry
is barred affect only a portion of the subject property. A mineral
study has been conducted on the property and reviewed by the Bureau
of Geology. The only mineral found to have economic importance
at the present time is limestone. The potential for mining on
this property is possible since there is an active mining operation
in close proximity to the site, and the fact that the seller will
be retaining 650 acres of the subject property to conduct mining
operations. The Bureau of Appraisal has reviewed the mineral study
and the appraisals have incorporated a mineral value as part of
the overall value. The Division of Forestry, the managing agency,
has determined that the property can be effectively managed without
obtaining a release of the outstanding mineral interests or the
timber-cutting agreement.
The owner is retaining 650 acres with access to be provided over
the property the Board of Trustees has contracted to purchase
from Coastal Timber Resources, Ltd. The contract requires that
the Board of Trustees grant to seller a perpetual non-exclusive
easement over a portion of Timber Road No. 16, for ingress and
egress to the 650 acres. This easement will be granted in return
for the seller agreeing to retain 650 acres in the location requested
by the managing agency and TNC. Originally the seller wanted to
retain 650 acres in an area that would have adversely affected
the headwaters of Womack Creek. The seller will also reserve perpetual
non-exclusive easements over various timber roads around the perimeter
of the 650-acre parcel.
The contract contains a right of first refusal in favor of the
Board of Trustees with respect to the 650-acre parcel which is
being retained by the seller. This right of first refusal is a
continuing right (i.e., it will continue even if the Board of
Trustees elects not to exercise its right), which is granted for
a term of approximately 90 years.
All mortgages and liens encumbering the subject property will
be satisfied at the time of closing. Staff has been advised that
various lending institutions and creditors will retain a security
interest in the seller's interests under the timber-cutting agreement
referenced above, and in the timber which is to be cut pursuant
to this agreement. These timber interests are excluded from the
rights and interests which will be acquired by the Board of Trustees
in this transaction. 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 certified survey will be provided by the seller prior to closing
with the purchaser reimbursing the seller for 50 percent of the
actual, reasonable cost of the survey. An environmental site assessment
will be provided by the seller prior to closing.
The remote flatwoods and swamps spreading for miles through Franklin County from the 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 Tate's Board of Trustees
Agenda - May 29, 1996
Page Six
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Item 6, cont.
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.
The Tate's Hell property will be managed as a state forest by
the Division of Forestry under multiple-use concepts.
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 1-53)
RECOMMEND APPROVAL
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Item 7 Tate's Hell Carrabelle Tract CARL Project/Rex
Lumber Company Option Agreement
REQUEST: Consideration of the acquisition of an option
agreement to acquire 23,759.98 acres within the Tate's Hell Carrabelle
Tract CARL project from Rex Lumber Company.
COUNTIES: Franklin and Liberty
LOCATION: Sections 13-15, 22-26, 35 and 36, Township 05 South, Range 04 West; Sections 19, 20 and 27-34, Township 05 South, Range 03 West; Sections 25, 26 and 34-36, Township 06 South, Range 05 West; Sections 01, 02, 11-15, 21-24 and 27-33, Township 06 South, Range 04 West; Sections 03-08 and 19, Township 06 South, Range 03 West; Sections 01-03 and 09-14, Township 07 South, Range 05 West; Sections 04-08 and 18, Township 07 South, Range 04 West
CONSIDERATION: $24,850,000
REVIEW NO. 609005
APPRAISED BY
Miller Griffith APPROVED PURCHASE OPTION
ACRES (11/03/95) (09/01/95) VALUE PRICE DATE
23,759.98 $27,330,000 $25,548,492 $27,330,000 $24,850,000 10/31/96
STAFF REMARKS: The Tate's Hell Carrabelle Tract CARL project
is ranked number 9 on the CARL Priority Project 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 214,520 acres, of which 105,569
have been acquired or are under agreement to be acquired. After
the Board of Trustees approves this agreement, 85,191.02 acres
or 39.71 percent of the project will remain to be negotiated.
Preliminary title information revealed that outstanding mineral
interests and a timber-cutting agreement encumber portions of
the property. Based upon the preliminary title information, there
are five outstanding mineral interests which have surface right
of entry and two royalty interests which affect various portions
of the property.
The Bureau of Geology has advised staff that the only mineral found to have economic importance at the present time is limestone and that the potential for oil and gas production is slim. The potential for mining on this property is possible because there is a 162-acre active mining operation adjacent to this site. The seller intends to donate the 162-acre mined site to
Board of Trustees
Agenda - May 29, 1996
Page Seven
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Item 7, cont.
the Board of Trustees after reclamation has been completed. The
Bureau of Appraisal has reviewed the mineral evaluation and the
appraisals have incorporated a mineral value as part of the overall
value. The Division of Forestry, the managing agency, believes
that the property can be effectively managed without obtaining
a release of the outstanding mineral interests or the timber-cutting
agreement. Additionally, members of the CARL staff have recommended
acquiring the property subject to these outstanding mineral interests.
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 certified survey will be provided by the seller prior to closing
with the purchaser reimbursing the seller for the actual, reasonable
cost of the survey. An environmental site assessment and title
insurance will be provided by the seller prior to closing.
The remote flatwoods and swamps spreading for miles through Franklin County from the 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 Tate's 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.
The Tate's Hell property will be managed as a state forest by
the Division of Forestry under multiple-use concepts.
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 1-39)
RECOMMEND APPROVAL
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Item 8 Tate's Hell Carrabelle Tract CARL Project/Christian/Christian/Wooten/TPL
Option Agreements
REQUEST: Consideration of the acquisition of two option
agreements to acquire 1,529.6 acres within the Tate's Hell Carrabelle
Tract CARL project from The Trust For Public Land (TPL).
COUNTY: Franklin
LOCATION: Sections 13, 16, 20-23 and 26-29, Township 07
South, Range 05 West
CONSIDERATION: $852,800 ($820,000 for the acquisitions;
$32,800 for the purchase of the option agreements)
APPRAISED BY
King Griffith APPROVED PURCHASE OPTION
ACRES (08/07/95) (06/06/95) VALUE PRICE DATE
609006 213.5 $112,941 $112,941 $105,000 90 days after
609007 1,316.1 $759,059 $727,500 $759,059 $715,000 BOT approval
------- -------- --------
1,529.6 $872,000 $820,000
Board of Trustees
Agenda - May 29, 1996
Page Eight
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Item 8, cont.
STAFF REMARKS: The Tate's Hell Carrabelle Tract CARL project
is ranked number 9 on the CARL Priority Project 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 214,520 acres, of which 129,328.98
acres have been acquired or are under agreement to be acquired.
After the Board of Trustees approves this agreement, 83,661.42
acres or 39 percent of the project will remain to be negotiated.
Pursuant to a multi-party acquisition agreement entered into between
the Division of State Lands and TPL, TPL has acquired two options
to purchase 1,529.6 acres within the Tate's Hell Carrabelle Tract
CARL project from Wayne F. Christian, Don R. Christian and Olin
Wooten. After this acquisition is approved, the Board of Trustees
will acquire the options from TPL for $32,800, which represents
TPL's costs associated with acquiring the options. The Board of
Trustees may then exercise the options and purchase the property.
The assignment of option agreements provide that payment to TPL
is contingent upon the Board of Trustees successfully acquiring
the property from the owners. The assignment of option agreements
further provide that in no event will the purchase price for the
options and the purchase price of the property exceed the statutory
maximum value of the property.
Preliminary title information revealed that outstanding mineral
interests encumber the property. Based on the preliminary title
information, there are three outstanding mineral reservations,
one royalty interest and five oil, gas and mineral leases which
affect the property. The royalty interest has no right of entry.
It appears that the reserved mineral interests retain rights of
entry since a Notice of Claim has been filed. Based upon the Notice
of Claim, it appears that the outstanding mineral reservations
are claimed by ten individual owners living near Wewahitchka,
Florida. A Notice of Claim has also been filed by St. Joseph Land
and Development Company. The five oil, gas and mineral leases
(some of which may have expired) are held by either Exxon Corporation
or Amoco Production Company. All of the oil, gas and mineral leases
contain a right of entry for exploration, mining and drilling.
The contract requires the seller to make diligent efforts to acquire
or extinguish all oil, gas and mineral interests with surface
rights of entry. The property was appraised subject to these outstanding
mineral interests. Staff is in the process of having the Bureau
of Geology conduct a mineral study. Upon obtaining the results
of this mineral study, staff will provide copies to the Bureau
of Appraisal and the Division of Forestry (the managing agency)
for their consideration. The managing agency has not yet reviewed
or commented upon the various referenced mineral interests, because
neither the mineral study nor updated title information on the
outstanding mineral interests is presently available. In the event
that the mineral study or the comments of the managing agency
reveal anything which will affect the value of the property or
the proposed management of the property, staff will so advise
the Board of Trustees prior to closing.
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 certified survey will be provided by the purchaser prior to closing. An environmental site assessment will be provided by the seller prior to closing, with the purchaser reimbursing the seller for the actual, reasonable cost of the environmental site assessment.
The remote flatwoods and swamps spreading for miles through Franklin
County from the 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
Tate's 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.
Board of Trustees
Agenda - May 29, 1996
Page Nine
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Item 8, cont.
The Tate's Hell property will be managed as a state forest by
the Division of Forestry under multiple-use concepts.
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 8, Pages 1-52)
RECOMMEND APPROVAL
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Item 9 Florida First Magnitude Springs (Weeki
Wachee) CARL Project/Equity Brokers, Inc. Option Agreement
REQUEST: Consideration of an option agreement to
acquire approximately 0.689 acre within the Florida First Magnitude
Springs (Weeki Wachee) CARL project from Equity Brokers, Inc.
COUNTY: Hernando
LOCATION: Section 35, Township 22 South, Range 17
East
CONSIDERATION: $38,000
REVIEW NO. 609008
APPRAISED BY
(Dohring) APPROVED PURCHASE OPTION
SELLER ACRES (05/18/95) VALUE PRICE DATE
Equity 0.689 $ 60,000 $ 60,000 $ 38,000 06/30/96
STAFF REMARKS: The Florida First Magnitude Springs
(Weeki Wachee) CARL project is ranked number 14 on the CARL Priority
Project 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. The Weeki Wachee portion
of the project contains 1,266.65 acres, of which 585.46 acres
have been acquired or are under agreement to be acquired.
After the Board of Trustees approves this agreement, 680.49 acres
or 53.7 percent of this portion 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 of the property or the proposed management of the property,
staff will so advise the Board of Trustees prior to closing.
A certified survey and environmental site assessment will be provided
by the purchaser.
Florida has approximately thirty first magnitude springs which
discharge on average at least 100 cubic feet of water per second.
Commercial, residential and agricultural run-off, clearcutting,
mining, and unsupervised recreation can degrade the water quality
of these springs and harm the Florida Aquifer. The First Magnitude
Springs project is aimed at protecting eight of these thirty springs
by acquiring land around or near the headwaters.
The Weeki Wachee Springs group forms the headwaters of the Weeki
Wachee (or Weekiwachee) River. The area around the Weeki Wachee
Springs pool has been extensively developed and is a well-known
tourist attraction; however, at present the upper river is relatively
pristine and includes natural communities such as scrub, xeric
hammock, depression marsh, spring-run stream and aquatic caves.
In addition to the recreational activities associated with the
headspring attraction, hiking, bicycling, fishing, picnicking,
canoeing, camping, nature appreciation and natural resource education
can be accommodated.
Board of Trustees
Agenda - May 29, 1996
Page Ten
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Item 9, cont.
This property will be managed by Florida Game and Fresh Water
Fish Commission in conjunction with the Chassahowitzka Wildlife
Management Area.
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 1-19)
RECOMMEND APPROVAL
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Item 10 Kissimmee Prairie/River CARL Project/South
Florida Water Management District Acquisition Agreement
REQUEST: Authority to enter into an Acquisition Agreement
with South Florida Water Management District for the Kissimmee
Prairie/River CARL project.
COUNTY: Okeechobee
LOCATION: Sections 01-03, 11-15, 21-28 and 31-36, Township
33 South, Range 32 East; Sections 02-11, 14-23 and 26-35, Township
33 South, Range 33 East; Sections 01 and 02, Township 34 South,
Range 31 East; Sections 01-06, Township 34 South, Range 32 East;
Sections 02, 03, 05 and 06, Township 34 South, Range 33 East.
STAFF REMARKS: The Kissimmee Prairie/River CARL project
is ranked number 6 on the CARL Bargain\Shared 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. The project contains 48,347
acres divided into a river parcel and a prairie parcel. This proposed
agreement covers the 36,659.95-acre prairie parcel. The South
Florida Water Management District (District) is acquiring the
11,674.25-acre river parcel as part of the Kissimmee River Restoration
Project.
To facilitate the acquisition of this project the District has
offered to take the lead in the acquisition of the prairie parcel.
Staff has prepared an agreement that would allow the District
to acquire the prairie parcel in accordance with section 259.041(16),
F.S., utilizing the procedures set out in section 373.139, F.S.
On June 15, 1995, 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 of Trustees and the District.
On May 9, 1996, District staff was authorized by its Governing
Board to execute the agreement. If the Board of Trustees approves
this item, staff will execute the agreement on behalf of the Board
of Trustees. Request for approval of the purchase is anticipated
to be presented to the Board of Trustees on June 13, 1996.
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 the District
acquired the parcel; and (3) reimburse the Board of Trustees its
pro-rata ownership percentage of any overpayment of the purchase
price if an audit or investigation determines that the purchase
price paid exceeded the actual appraised value.
The entire project is owned by the Latt Maxcy Corporation. Under
the proposed agreement,
Board of Trustees
Agenda - May 29, 1996
Page Eleven
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Item 10, cont.
the District and Board of Trustees will jointly acquire the prairie parcel. The Board of Trustees'
percentage of the purchase price of the prairie parcel will also
be used to establish the percentage of its share of the costs
associated with the purchase and the percentage of ownership the
Board of Trustees will hold in the prairie parcel. The District
had intended to acquire the river parcel under the Save Our Rivers
program and leave the entire prairie parcel to be acquired under
the CARL program. The District has agreed to contribute five million
dollars towards the purchase of the prairie parcel. It is estimated
that the Board of Trustees' share of the prairie parcel will be
about seventy-five percent.
Under the proposed agreement, the District staff may obtain and
review appraisals, negotiate a purchase contract and secure the
approval of its Governing Board. The District has already secured
and reviewed appraisals provided by The Nature Conservancy (TNC)
and TNC, on behalf of the District, has entered into two separate
agreements with the owner to purchase both the prairie and river
parcels. The District's Governing Board will provide the Department
of Environmental Protection with a resolution covering the assurances
noted in the previous paragraph and requesting a reimbursement
of the Board of Trustees' share of the purchase price including
the cost of acquiring TNC's option. Staff will request an approval
for the Board of Trustees' share of the purchase price for the
prairie parcel. In addition, the agreement provides for the District
to be reimbursed its pro-rata percentage 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 the property. The agreement authorizes the Division
of State Lands staff to reimburse these costs from CARL incidental
expense funds.
This prairie parcel will be managed by the Division of Recreation
and Parks as a state preserve for the conservation and preservation
of its natural resources.
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 1-6)
RECOMMEND APPROVAL
*
Item 11 Jordan Ranch CARL Project/Southwest Florida
Water Management District Acquisition Agreement
WITHDRAWN FROM APRIL 23, 1996 AGENDA
REQUEST: Consideration of (1) additional modifications
to the Southwest Florida Water Management District procedures
as approved by the Board of Trustees on April 11, 1995; and (2)
an acquisition agreement with Southwest Florida Water Management
District for the Jordan Ranch CARL project.
COUNTY: Citrus
LOCATION: Sections 14, 15, 22, 23, 25-27, 29, 34 and 35 Township 17 South, Range 19 East.
STAFF REMARKS: The Jordan Ranch CARL project is ranked
number 8 on the Bargain/Shared CARL 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. The proposed agreement covers the entire
2,899.64-acre Jordan Ranch CARL project.
Board of Trustees
Agenda - May 29, 1996
Page Twelve
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Item 11, cont.
To facilitate the acquisition of this project, the Southwest Florida
Water Management District (District) has offered to take the lead
in the acquisition of this joint project. On April 11, 1995, 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 of Trustees and the District. At that time the Department
of Environmental Protection (DEP) recommended that the District's
procedures, with a few modifications, be substituted for the procedures
provided for in section 259.041, F.S., and section 18-1, F.A.C.,
to allow the District to acquire lands to be owned jointly by
the District and the Board of Trustees. The most significant modification
to the District's normal procedures was a requirement for an independent
appraisal review. Following a review of the first joint acquisition
done by the District, staff has also recommended some modifications
to the District's surveying requirements. The Division of State
Lands (DSL) staff has prepared an agreement, including the procedural
modifications noted, that would allow the District to acquire
the Jordan Ranch CARL project in accordance with section 259.041(16),
F.S., utilizing the procedures set out in section 373.139, F.S.
If the Board of Trustees approves this item, the District staff
will present the agreement to the Governing Board of the District
for execution at its next Governing Board meeting. Upon receipt
of the executed agreement from the District, DSL 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 the District
acquired the parcel; and (3) reimburse the Board of Trustees 50
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's Governing Board
will provide DSL with a resolution covering the assurances noted
in the previous paragraph and requesting reimbursement of the
Board of Trustees' share of the purchase price. DSL staff will
request a release of funds for the Board of Trustees' share of
the purchase price for each parcel the District contracts to purchase.
In addition, the agreement provides for the District to be reimbursed
50 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.
The agreement authorizes staff to reimburse these costs from CARL
incidental expense funds previously released by the Board of Trustees.
If the Board of Trustees authorizes the release of funds, the
District will proceed to closing with title to be vested jointly
with the District and the Board of Trustees, each holding an undivided
50 percent interest.
The Jordan Ranch CARL project will be managed by the Division
of Forestry as a state 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 11, Pages 1-8)
RECOMMEND APPROVAL
Board of Trustees
Agenda - May 29, 1996
Page Thirteen
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Item 12 J. H. Keith Bullock Surplus Land Sale
REQUEST: Consideration of (1) an offer to purchase a parcel
of surplus state land; and (2) waiver of the competitive bidding
requirement as outlined in rule 18-2.011 (2) (b), F.A.C.
COUNTY: Escambia
APPLICANT: J. H. Keith Bullock
LOCATION: A portion of Arpent Lots 36 and 37 in the Old
City Tract located at 24 West Chase Street in Pensacola, Florida,
being in Section 46, Township 02 South, Range 30 West.
State Lands Inventory Number 17-0200.0.
CONSIDERATION: $112,000, representing the appraised market
value less the estimated cost of asbestos abatement, to be deposited
in the Internal Improvement Trust Fund.
STAFF REMARKS: Title to this lot and two-story structure,
which is commonly known as the Civil Service Building, was vested
in the Board of Trustees by virtue of a quitclaim deed from the
Florida Development Commission dated June 6, 1972. The Board of
Trustees subsequently leased the property to Escambia County to
be used as an auxiliary building for public county offices. A
1988 safety survey revealed asbestos contamination of this building
and the county relocated its offices to a new facility. The building
has remained vacant since that time and continues to deteriorate.
Division of State Lands staff offered this property for sale by
sealed competitive bid on May 11, 1993. No bids were submitted.
Staff continued to make the parcel available for sale by posting
a sign on the property. An offer to purchase this parcel in the
amount of $100,000 was made and approved by the Board of Trustees
on February 10, 1994. This purchase was contingent upon the buyer/developer's
successful bid of the new federal courthouse project in Pensacola.
That bid was awarded to another developer and this sale never
materialized.
Staff recently received an offer from J. H. Keith Bullock to purchase
the property. Rule 18-2.011(2)(b) requires that properties larger
than five acres in size or with a market value greater than $100,000
be competitively bid unless a determination is made by the Board
of Trustees that competitive bidding for the property is not in
the public interest. It is staff's recommendation that the competitive
bidding requirement be waived and this property be sold directly
to the applicant in accordance with the terms of the offer for
the following reasons:
1. A determination has been made by Mr. William Langley, staff
appraiser, that the market in the area has not improved since
the original appraisal was performed in 1992;
2. The property has been competitively bid unsuccessfully;
3. The presence of asbestos, as well as structural damage from
a recent hurricane, discourages potential buyers; and
4. Staff has received reports that vagrants are using the property.
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 12, Pages 1-23)
RECOMMEND APPROVAL
Board of Trustees
Agenda - May 29, 1996
Page Fourteen
*
Item 13 City of Riviera Beach Dedication Modification/Palm
Beach Seaport Aquarium, Inc.
REQUEST: Conceptual approval of (1) a modification or release
of Dedication No. 24438-A to allow a seaport aquarium; and (2)
the City of Riviera Beach's assignment of 1.114 acres, more or
less, of the dedicated lands to Palm Beach Seaport Aquarium, Inc.,
to be used only for aquarium purposes.
COUNTY: Palm Beach
Dedication No. 24438-A
APPLICANT: City of Riviera Beach
LOCATION: Section 23, Township 42 South, Range 43 East,
within the local jurisdiction of the City of Riviera Beach
CONSIDERATION: To be negotiated
STAFF REMARKS: In 1977, the Board of Trustees (BOT) dedicated
to the City of Riviera Beach approximately 14 acres of submerged
lands. For many years, it was not uncommon for the BOT to dedicate
submerged lands to local governments, often for no consideration,
if they were conveyed with public purpose restrictions. Dedication
No. 24438-A is an example of that practice and contains specific
language referencing use of the property for municipal park and
recreational purposes including, but not necessarily limited to,
a marina complex, concessions and associated facilities operated
by the City of Riviera Beach or leased and under the regulation
or control of the city. The city has located a marina on a portion
of the dedicated lands. The remaining dedicated area consists
of submerged lands waterward of an existing city park.
As part of a waterfront redevelopment project located within an
Enterprise Zone, the city has contracted with Palm Beach Seaport
Aquarium, Inc., to locate a world class aquarium along its waterfront.
The conceptual project design shows a portion of the aquarium
structure extending from the upland out into the submerged land
subject to the dedication. The aquarium would be built and operated
by a not-for-profit corporation and is projected to cost between
80 and 120 million dollars.
The City of Riviera Beach is proposing to assign a portion of
the dedicated area to the seaport aquarium. Since the aquarium
would not be operated by the city, or leased or under the regulation
or control of the city, and because it is a private use, it is
not strictly consistent with the dedication. The city is requesting
and staff is recommending modification of the dedication to allow
the city to assign it to Palm Beach Seaport Aquarium, Inc., contingent
on the following conditions:
1 1. Palm Beach Seaport Aquarium, Inc., must obtain all permits
required by law for the proposed development;
2. Palm Beach Seaport Aquarium, Inc., shall make annual progress
reports to the Department of Environmental Protection outlining
the progress of the proposed development until the completion
of construction; and
3. The assignment will become effective upon execution; provided,
however, that the assignment shall automatically terminate if
development of the site is not commenced within five years of
the execution date of the modification.
An appraisal will be prepared to determine the value of the Board
of Trustees' interest in the 1.114-acre parcel. This information
will be used to negotiate the amount of consideration to be paid
to the BOT. Final terms and conditions will be brought to the
BOT for its consideration.
A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (DCA) determined that the plan
Board of Trustees
Agenda - May 29, 1996
Page Fifteen
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Item 13, cont.
was not in compliance. A compliance agreement between DCA and
the local government has been finalized. The proposed action is
consistent with the adopted plan according to a letter received
from the City of Riviera Beach.
(See Attachment 13, Pages 1-18)
RECOMMEND CONCEPTUAL APPROVAL
*
Item 14 BOT v. Sunland Estates, Inc., et al Settlement
Agreement/JHT Subdivision
REQUEST: Consideration of a partial settlement in the case
of Board of Trustees of the Internal Improvement Trust
Fund v. Sunland Estates, et al.
COUNTY: Monroe
LOCATION: Section 21, Township 60 South, Range 40 East
CONSIDERATION: $300,000
STAFF REMARKS: JHT Subdivision is located within the boundaries
of the North Key Largo CARL project. The Department of Environmental
Protection (DEP) has been authorized to acquire, by the exercise
of the power of eminent domain, if necessary, all remaining undeveloped
land within the project boundaries. In preparing to acquire the
lots within the JHT Subdivision, the DEP discovered that several
of the lots appeared to occupy lands that had been created by
illegal fill. In 1992, the DEP initiated a quiet title suit against
several lot owners to determine title.
WRH Mortgage, Inc., as receiver for Miami National Bank, foreclosed
upon and then sold to WRH Properties, Inc., lots 1,2,3,5,6,7,8,9,12,13,14,15,19,
and 20 in the JHT Subdivision. Lots 1,2,3, 19 and 20 are among
those the DEP believes were illegally filled and are subject to
the quiet title suit. The remaining lots are not impacted by the
quiet title suit but have been identified for acquisition. WRH
Properties, Inc. is not a willing seller and, to acquire these
lots, the DEP will have to pursue the quiet title suit and then
proceed to condemn whatever lots the court determines WRH properties,
Inc. owns.
The DEP has negotiated a settlement agreement with WRH Properties,
Inc. under which the DEP will pay WRH Properties, Inc. $300,000
and WRH Properties, Inc. will convey by warranty deed lots 5,6,7,8,9,12,13,14
and 15 and will quitclaim its interest in lots 1,2,3,19 and 20
as well as its interest in Tracts A and B and the canal located
within the JHT Subdivision. The DEP recommends this settlement
as it will avoid the necessity and uncertainty of pursuing the
quiet title suit as well as the costs associated with having to
bring a condemnation suit. An appraisal done in 1992 estimates
a retail value for each unimproved lot to be $29,000. The cost
of condemning lots in the North Key Largo CARL project, including
land value plus costs and attorneys fees, has been averaging 115
percent to 130 percent of the DEP's appraisals.
Approval of this settlement agreement will resolve all issues
involving lots owned by WRH Properties, Inc. However, litigation
concerning other portions of JHT Subdivision will remain pending.
This property will be managed by the Division of Recreation and
Parks.
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 14, Pages 1-19)
RECOMMEND APPROVAL