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Cabinet
Affairs |
Item 1 Max R. Israelson Option Agreement/Survey
Waiver/Belle Meade CARL Project
REQUEST: Consideration of (1) an option agreement
to acquire 356 acres within the Belle Meade CARL project from
Max R. Israelson; and (2) a request for survey waiver.
COUNTY: Collier
LOCATION: Section 19, Township 50 South, Range 27
East
CONSIDERATION: $750,000
REVIEW NO. 613004
APPRAISED BY
(Dane) (Catlett) APPROVED PURCHASE OPTION
ACRES (9/22/95) (9/5/95) VALUE PRICE DATE
356 $712,000 $785,000 $785,000 $750,000 7/30/96
STAFF REMARKS: The Belle Meade CARL project is ranked
number 3 on the CARL Priority Project List approved by the Board
of Trustees on February 13, 1996, and is eligible for purchase
under the Division of State Lands' Land Acquisition Workplan.
This project contains 17,987 acres, of which 2,165 acres have
been acquired or are under agreement to be acquired. After
the Board of Trustees approves this agreement and other agreements
in the Belle Meade project presented today, 13,467 acres or 75
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 provided by the
purchaser, 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 this parcel is being
requested pursuant to section 18-1.005, F.A.C., because, in the
opinion of the Bureau of Survey and Mapping, the benefit of a
survey of this parcel would be outweighed by the cost and time
involved in obtaining the survey. While this parcel is being
recommended for a waiver of survey at this time, should the title
commitment reveal a substantive surveying or surveying related
issue which impacts the parcel, a certified survey will be provided
by the purchaser prior to closing.
An environmental site assessment will be provided by the purchaser prior to closing.
The cypress swamps and old-growth slash pine flatwoods in the
Belle Meade project, extending to the fast-developing suburbs
of Naples, are still important for such endangered wildlife as
Florida panthers, red-cockaded woodpeckers, and Florida black
bear. Belle Meade is also the watershed for Rookery Bay. The
Belle Meade CARL project will conserve the westernmost large natural
area in southwest Florida, protect some of the southernmost populations
of several rare animals, and help protect the quality of the subtropical
estuary of Rookery Bay by preserving the critical hydrological
connection from the flatwoods and swamps to the bay, while providing
a large area for recreation in a natural environment to residents
of and visitors to rapidly urbanizing southwest Florida.
This property will be managed by the Department of Agriculture
and Consumer Services, Division of Forestry as part of the Picayune
Strand 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 1, Pages 1-16)
RECOMMEND APPROVAL
Board of Trustees
Agenda - July 23, 1996
Page Two
Item 2 A. Duda & Sons, Inc. Option Agreement/Belle
Meade CARL Project
REQUEST: Consideration of an option agreement to
acquire 1,337.2 acres within the Belle Meade CARL project from
A. Duda & Sons, Inc.
COUNTY: Collier
LOCATION: Sections 11 and 14, Township 51 South,
Range 27 East
CONSIDERATION: $2,140,000
REVIEW NO. 613005
APPRAISED BY
(Dane) (Catlett) APPROVED PURCHASE OPTION
ACRES (9/22/95) (9/5/95) VALUE PRICE DATE
1,337.2 $2,407,000 $ 2,540,000 $2,540,000 $2,140,000 7/31/96
STAFF REMARKS: The Belle Meade CARL project is ranked
number 3 on the CARL Priority Project List approved by the Board
of Trustees on February 13, 1996, and is eligible for purchase
under the Division of State Lands' Land Acquisition Workplan.
This project contains 17,987 acres, of which 2,165 acres have
been acquired or are under agreement to be acquired. After
the Board of Trustees approves this agreement and other agreements
in the Belle Meade project presented today, 13,467 acres or 75
percent of the project will remain to be acquired.
The Duda property is encumbered by a perpetual, non-exclusive
easement for drainage of and from the adjacent property owner,
Florida Farm Development Co. Ltd., over, under, across, into and
through the property. The easement for drainage is provided for
the purpose of facilitating farming operations on the Florida
Farm Property. The Department of Agriculture and Consumer Services,
Division of Forestry, as the managing agency, met with representatives
of the Duda corporation to field review the easement area. If
the Division of Forestry determines that the drainage easement
will not adversely affect its management of the property, the
Division of State Lands will proceed to close the purchase. The
Bureau of Appraisal was contacted regarding the existence of the
easement on the Duda property and it has determined the drainage
easement has no negative impact on the value of the property.
A. Duda & Sons, Inc. has been notified by Southern States
Utilities (SSU) of SSU's intention to condemn a 50-foot easement
across the Duda property on the north boundary of Section 11 for
an underground water line to transport fresh water to Marco Island.
The Division of Forestry and the Bureau of Appraisal are assessing
the impacts of such an easement on the management and value of
the property. If the SSU easement has no negative impact on management
or value of the property, the Division of State Lands will proceed
to close the purchase.
All mortgages and liens will be satisfied at the time of closing.
Title information submitted by the seller reveals that the Baron
Collier Family owns the oil, gas and mineral interest to minerals
125 feet and below the surface. However, the Board of Trustees
on September 28, 1995, gave the Division of State Lands the authority
to close CARL parcels within Collier County with outstanding oil,
gas and mineral reservations in favor of the Collier family.
In the event the commitment for title insurance provided by the
purchaser, 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 an environmental site assessment will be provided by the purchaser prior to closing.
The cypress swamps and old-growth slash pine flatwoods in the Belle Meade project, extending to the fast-developing suburbs of Naples, are still important for such endangered wildlife as Florida panthers, red-cockaded woodpeckers, and Florida black bear. Belle Meade is also the
Board of Trustees
Agenda - July 23, 1996
Page Three
Item 2, cont.
watershed for Rookery Bay. The Belle Meade CARL project will
conserve the westernmost large natural area in southwest Florida,
protect some of the southernmost populations of several rare animals,
and help protect the quality of the subtropical estuary of Rookery
Bay by preserving the critical hydrological connection from the
flatwoods and swamps to the bay, while providing a large area
for recreation in a natural environment to residents of and visitors
to rapidly urbanizing southwest Florida.
This property will be managed by the Department of Agriculture
and Consumer Services, Division of Forestry as part of the Picayune
Strand 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 2, Pages 1-22)
RECOMMEND APPROVAL
Item 3 Ten Purchase Agreements/Survey Waiver/Belle
Meade CARL Project
REQUEST: Consideration of (1) ten separate purchase
agreements to acquire 473.52 acres within the Belle Meade CARL
project from nine separate owners; and (2) request for survey
waiver for all ten properties.
COUNTY: Collier
LOCATION: Sections 05, 08, 19, 22, 26 and 34, Township
50 South, Range 27 East
CONSIDERATION: $838,900
APPRAISED BY
REVIEW PARCEL (Dane) APPROVED PURCHASE CLOSING
NO. NO. OWNER ACRES (11/28/95) VALUE PRICE DATE
613006 081A,B&C Arce & Stetler 68.10 $136,200 $136,200 $122,400 6 months
613007 086A,B&C Arce & Stetler 58.50 117,000 117,000 106,300 after BOT
613008 279 Brandenburger 42.30 76,140 76,140 73,400 approval
613009 270A&B Fl.Wildlife Fed. 41.70 75,060 75,060 73,000
613010 110 Marshall, et al 44.42 79,956 79,956 75,800
613011 349 Miller/Janitz 40.00 80,000 80,000 71,900
613012 111 Schweikhardt 55.60 100,080 100,080 89,400
613013 140 Seymour 41.80 75,240 75,240 72,100
613014 325 Welch 41.40 82,800 82,800 79,300
613015 330 Whittwood Hold. 39.70 79,400 79,400 75,300
------ ------ -------
473.52 $901.876 $838,900
STAFF REMARKS: The Belle Meade CARL project is ranked
number 3 on the CARL Priority Project List approved by the Board
of Trustees on February 13, 1996, and is eligible for purchase
under the Division of State Lands' Land Acquisition Workplan.
This project contains 17,987 acres, of which 2,165 acres have
been acquired or are under agreement to be acquired. After
the Board of Trustees approves this agreement and other agreements
in the Belle Meade project presented today, 13,467 acres or 75
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 commitments for title insurance provided by the purchaser, to be obtained prior to closing, reveal any other encumbrances which may affect the value of the properties or the proposed management of the
Board of Trustees
Agenda - July 23, 1996
Page Four
Item 3, cont.
properties, staff will so advise the Board of Trustees prior to
closing.
A waiver of the requirement for surveys of these parcels is being
requested pursuant to section 18-1.005, F.A.C., because, in the
opinion of the Bureau of Survey and Mapping, the benefit of surveys
of these parcels would be outweighed by the cost and time involved
in obtaining the surveys. While these parcels are being recommended
for a waiver of survey at this time, should the title commitments
reveal a substantive surveying or surveying related issue which
impacts any given parcel, a certified survey will be provided
by the purchaser prior to closing.
Environmental site assessments will be provided by the purchaser prior to closing.
The cypress swamps and old-growth slash pine flatwoods in the
Belle Meade project, extending to the fast-developing suburbs
of Naples, are still important for such endangered wildlife as
Florida panthers, red-cockaded woodpeckers, and Florida black
bear. Belle Meade is also the watershed for Rookery Bay. The
Belle Meade CARL project will conserve the westernmost large natural
area in southwest Florida, protect some of the southernmost populations
of several rare animals, and help protect the quality of the subtropical
estuary of Rookery Bay by preserving the critical hydrological
connection from the flatwoods and swamps to the bay, while providing
a large area for recreation in a natural environment to residents
of and visitors to rapidly urbanizing southwest Florida.
These properties will be managed by the Department of Agriculture
and Consumer Services, Division of Forestry as part of the Picayune
Strand State Forest.
These acquisitions are consistent with section 187.201(10), F.S.,
the Natural Systems and Recreational Lands section of the State
Comprehensive Plan.
(See Attachment 3, Pages 1-15)
RECOMMEND APPROVAL
Item 4 Miles Scofield Option Agreement/Belle
Meade CARL Project
REQUEST: Consideration of an option agreement to
acquire 188.2 acres within the Belle Meade CARL project from Miles
Scofield.
COUNTY: Collier
LOCATION: Section 06, Township 50 South, Range 27
East
CONSIDERATION: $424,000
REVIEW NO. 613016
APPRAISED BY
(Dane) (Catlett) APPROVED PURCHASE OPTION
ACRES (9/22/95) (9/5/95) VALUE PRICE DATE
188.2 $470,500 $470,000 $470,500 $424,000 7/30/96
STAFF REMARKS: The Belle Meade CARL project is ranked
number 3 on the CARL Priority Project List approved by the Board
of Trustees on February 13, 1996, and is eligible for purchase
under the Division of State Lands' Land Acquisition Workplan.
This project contains 17,987 acres, of which 2,165 acres have
been acquired or are under agreement to be acquired. After
the Board of Trustees approves this agreement and other agreements
in the Belle Meade project presented today, 13,467 acres or 75
percent of the project will remain to be acquired.
Board of Trustees
Agenda - July 23, 1996
Page Five
Item 4, cont.
All mortgages and liens will be satisfied at the time of closing.
In the event the commitment for title insurance provided by the
purchaser, 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 an environmental site assessment will be provided by the purchaser prior to closing.
The cypress swamps and old-growth slash pine flatwoods in the
Belle Meade project, extending to the fast-developing suburbs
of Naples, are still important for such endangered wildlife as
Florida panthers, red-cockaded woodpeckers, and Florida black
bear. Belle Meade is also the watershed for Rookery Bay. The
Belle Meade CARL project will conserve the westernmost large natural
area in southwest Florida, protect some of the southernmost populations
of several rare animals, and help protect the quality of the subtropical
estuary of Rookery Bay by preserving the critical hydrological
connection from the flatwoods and swamps to the bay, while providing
a large area for recreation in a natural environment to residents
of and visitors to rapidly urbanizing southwest Florida.
This property will be managed by the Department of Agriculture
and Consumer Services, Division of Forestry as part of the Picayune
Strand 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 4, Pages 1-11)
RECOMMEND APPROVAL
Item 5 Williams Purchase Agreement/Survey Waiver/Save
Our Everglades CARL Project
REQUEST: Consideration of (1) a purchase agreement
to acquire 30 acres within the Save Our Everglades CARL project
from Xavier Williams and Michele Williams; and (2) a request for
survey waiver.
COUNTY: Collier
LOCATION: Section 09, Township 50 South, Range 28
East
CONSIDERATION: $56,000
REVIEW NO. 613017
APPRAISED BY
(Bowen) APPROVED PURCHASE CLOSING
ACRES (11/02/93) VALUE PRICE DATE
30 $56,000 $56,000 $56,000 6 months
after BOT
approval
STAFF REMARKS: The Save Our Everglades CARL project
is ranked number 4 on the CARL Mega-Multiparcels Priority List
approved by the Board of Trustees on February 13, 1996, and is
eligible for purchase under the Division of State Lands' Land
Acquisition Workplan. This project contains 202,347 acres,
of which 155,958 acres have been acquired or are under agreement
to be acquired. After the Board of Trustees approves this
agreement, 46,359 acres or 23 percent of the project will remain
to be acquired.
Board of Trustees
Agenda - July 23, 1996
Page Six
Item 5, cont.
Any mortgages or 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., because, in the
opinion of the Bureau of Survey and Mapping, the benefit of a
survey of these parcels would be outweighed by the cost and time
involved in obtaining the surveys.
Environmental site assessments will be provided by the purchaser
prior to closing.
The life of the Everglades system - the largest freshwater marsh
and swamp complex in the United States - depends upon shallow
sheets of water that flow from the Lake Okeechobee area. The
Save Our Everglades project will protect and restore this life-giving
flow in three areas in the western part of the system, including
the last stronghold of the Florida panther as well as the headwaters
of the largest tropical strand swamp in the country, the Fakahatchee
Strand. The project will also help to protect the rich mangrove
swamps and estuaries of the Ten Thousand Islands downstream.
This property will be managed by the Department of Agriculture
and Consumer Services, Division of Forestry as part of the Picayune
Strand 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 5, Pages 1-8)
RECOMMEND APPROVAL
Item 6 The Trust For Public Land Option Agreements/Tate's
Hell Carrabelle Tract CARL Project
REQUEST: Consideration of the acquisition of two option
agreements to acquire 1,146.22 acres within the Tate's Hell Carrabelle
Tract CARL project from The Trust For Public Land (TPL).
COUNTY: Franklin
LOCATION: Sections 03, 04, 07, 09 and 18, Township 08 South, Range 05 West and
Section 13, Township 08 South, Range 06 West
CONSIDERATION: $2,220,430 ($2,158,000 for the acquisitions;
$62,430 for the purchase of the option agreements)
APPRAISED BY
REVIEW King Griffith APPROVED PURCHASE OPTION
NO. PARCEL ACRES (08/07/95) (06/06/95) VALUE PRICE DATE
613001 Corry, et al 1,033.50 $1,963,000 $2,084,000 $2,084,000 $1,963,000 90 days
613002 Johnson 112.72 $225,400 $225,400 $195,000 after BOT
----- ----- ----- approval
1,146.22 $2,309,400 $2,158,000
STAFF REMARKS: The Tate's Hell Carrabelle Tract CARL project is ranked number 10 on
Board of Trustees
Agenda - July 23, 1996
Page Seven
Item 6, cont.
the CARL Priority Project List approved by the Board of Trustees
on February 13, 1996, and is eligible for negotiation under the
Division of State Lands' Land Acquisition Workplan. This project
contains 214,520 acres, of which 130,859 acres have been acquired
or are under agreement to be acquired. After the Board of Trustees
approves these agreements, 82,515 acres or 38 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 1,146.22 acres within the Tate's Hell Carrabelle Tract
CARL project from J. E. Corry, University of Florida Foundation,
Inc., a Florida nonprofit corporation, and University of West
Florida Foundation, Inc., a Florida nonprofit corporation; and
from Harold R. Johnson. After these acquisitions are approved,
the Board of Trustees will acquire the options from TPL for $62,430,
which represents TPL's costs associated with acquiring the options.
The Board of Trustees may then exercise the options and purchase
the properties. The assignment of option agreements provide that
payment to TPL is contingent upon the Board of Trustees successfully
acquiring the properties 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 properties
exceed the statutory maximum value of the properties.
Preliminary title information has revealed that the Johnson parcel
is encumbered by an outstanding one-half interest in all oil,
gas and minerals in favor of four individual owners. Until additional
title and survey information is available, it is not clear how
much of the parcel is affected by these outstanding interests
or whether these interests include a surface right of entry.
The seller has been contacted by TPL and advised to attempt to
acquire all outstanding royalty and oil, gas and mineral interests
for conveyance to the Board of Trustees at closing, but it is
unknown whether he will be successful in these attempts. The
properties were appraised subject to these outstanding mineral
interests. The Bureau of Geology has indicated that the potential
for economic oil, gas and mineral production in the area is considered
low.
The Department of Agriculture and Consumer Services, Division
of Forestry, the managing agency, has not yet reviewed or commented
upon the various referenced mineral interests. In the event that
the managing agency reveals anything which will affect 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 commitments for title insurance, to be obtained
prior to closing, reveal any other encumbrances which may
affect the value of the properties or the proposed management
of the properties, staff will so advise the Board of Trustees
prior to closing.
Certified surveys and environmental site assessments will be provided by the purchaser 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 Department of Agriculture and Consumer Services, Division
of Forestry under multiple-use concepts.
Board of Trustees
Agenda - July 23, 1996
Page Eight
Item 6, cont.
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 6, Pages 1-56)
RECOMMEND APPROVAL
Item 7 The Trust For Public Land Option Agreement/Spruce
Creek CARL Project
REQUEST: Consideration of the acquisition of an option
agreement to acquire 89.78 acres within the Spruce Creek CARL
project from The Trust For Public Land (TPL).
COUNTY: Volusia
LOCATION: Section 38, Township 16 South, Range 33 East
CONSIDERATION: $1,479,500 ($1,450,000 for the acquisitions;
$29,500 for the purchase of the option agreement)
REVIEW NO. 613003
APPRAISED BY
Gardner Hastings APPROVED PURCHASE OPTION
PARCEL ACRES (12/06/95) (11/29/95) VALUE PRICE DATE
Diocese of 89.78 $1,882,300 $1,960,000 $1,960,000 $1,450,000 90 days
Orlando after BOT
approval
STAFF REMARKS: The Spruce Creek CARL project is ranked
number 18 on the CARL Bargain/Shared Project List approved by
the Board of Trustees on February 13, 1996, and is eligible for
negotiation under the Division of State Lands' Land Acquisition
Workplan as a result of funding which was reserved from the previous
year's workplan. This project contains 1,593 acres, of which
1,069 acres have been acquired or are under agreement to be acquired.
After the Board of Trustees approves this agreement, 434 acres
or 27 percent of the project will remain to be negotiated.
Volusia County is an acquisition partner in this project. The
county has already acquired nearly $2,000,000 worth of land within
the project which it has offered to deed to the Board of Trustees
as its match under the bargain/share criteria.
Pursuant to a multi-party acquisition agreement entered into between
the Division of State Lands and TPL, TPL has acquired an option
to purchase 89.78 acres within the Spruce Creek CARL project
from Norbert M. Dorsey, as Bishop of the Diocese of Orlando.
After this acquisition is approved, the Board of Trustees will
acquire the option from TPL for $29,500, which represents TPL'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 TPL is contingent
upon the Board of Trustees 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.
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 - July 23, 1996
Page Nine
Item 7, cont.
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 will be provided by the purchaser prior to closing.
Natural areas along the coast of Volusia County are becoming scarce
as residential developments expand from Daytona Beach and New
Smyrna Beach. The Spruce Creek project will protect one of the
largest tracts of undeveloped land left in this region, along
the estuary of Spruce Creek; help to maintain the water quality
of the creeks and bays here, thus protecting a fishery; conserve
what may be the site of Andrew Turnbull's 18-century plantation;
and provide a recreational area where people can do anything from
hiking and fishing to simply learning about the plants and animals
of this scenic landscape.
The property will be managed by Volusia County as a recreation
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 7, Pages 1-30)
RECOMMEND APPROVAL
Item 8 Game and Fresh Water Fish Commission/Royal
Palm Beach Colony Option Agreement/Chassahowitzka Wildlife Management
Area
REQUEST: Consideration of an option agreement to acquire
9.61 acres within the Chassahowitzka Wildlife Management Area
by the Game and Fresh Water Fish Commission under the Preservation
2000 program from Royal Palm Beach Colony, a Delaware limited
partnership.
COUNTY: Hernando
APPLICANT: Game and Fresh Water Fish Commission
LOCATION: Section 12, Township 21 South, Range 17 East
CONSIDERATION: $125,000
REVIEW NO. 613018
APPRAISED BY
(Catlett) APPROVED PURCHASE OPTION
SELLER ACRES (01/29/96) VALUE PRICE DATE
Royal Palm 9.61 $155,000 $155,000 $125,000 08/15/96
Beach Colony
STAFF REMARKS: This acquisition was negotiated by the
Game and Fresh Water Fish Commission (GFC) under the P2000 program.
This property is part of the Chassahowitzka Wildlife Management
Area and is ranked number 7 on the current GFC acquisition list.
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 limited survey will be provided by GFC and an environmental
site assessment will be
Board of Trustees
Agenda - July 23, 1996
Page Ten
Item 8, cont.
provided by the seller prior to closing with GFC reimbursing the
cost up to $3,000, subject to closing.
The site provides excellent access to facilitate management of
the Chassahowitzka Wildlife Management Area due to its 2,092 lineal
feet of road frontage on U.S. Highway 19.
This property will be managed by The Game and Fresh Water Fish
Commission as an addition to the Chassahowitzka Wildlife Management
Area.
This acquisition is consistent with section 187.20(10), the Natural
Systems and Recreational Lands section of the State Comprehensive
Plan.
(See Attachment 8, Pages 1-23)
RECOMMEND APPROVAL
Item 9 City of Miami/Deed Restrictions Modification/Watson
Island
REQUEST: Consideration of a request to modify deed restrictions
for a parcel of land encompassing 18.6 acres, more or less, on
Watson Island, to allow the City of Miami to lease a portion of
the parcel to Parrot Jungle and Gardens, Incorporated (Parrot
Jungle).
COUNTY: Dade
Dedication No. 19447
APPLICANT: City of Miami
LOCATION: Section 31, Township 53 South, Range 42 East,
Biscayne Bay Aquatic Preserve, Class III waters, within the local
jurisdiction of the City of Miami
CONSIDERATION: An annual payment of $52,500 (representing
15 percent of $350,000), or the cumulative total of the following,
whichever is greater: 1.28 percent (15 percent of the 8.5 percent
indicated by appraisal) of annual gross ticket sales; 0.45 percent
(15 percent of 3 percent indicated by appraisal) of annual gross
banquet/restaurant revenues; and 0.6 percent (15 percent of 4
percent indicated by appraisal) of annual gross retail sales.
STAFF REMARKS: Watson Island was created as a result of
dredge and fill activities associated with the construction of
a causeway in Biscayne Bay. The island was conveyed to the City
of Miami (City) on February 24, 1949, under Dedication No. 19447,
along with a much larger area of submerged lands.
For many years, it was not uncommon for the Board of Trustees
to dedicate submerged lands to local governments for public purposes.
These dedications were often made for no consideration because
they were conveyed with public purpose restrictions. Dedication
No. 19447 is an example of that practice and contains specific
language referencing the public purpose nature of the dedication
and prohibiting the sale, conveyance, or lease of the land to
any private person, firm, or corporation for any private uses
or purposes.
At the time of the dedication, there were three commercial activities
operating on Watson Island: Chalk's Airlines, the Miami Yacht
Club, and the Miami Outboard Club. Each of the three businesses
became a tenant of the City with the dedication of the island
to the City in 1949. Since 1956, the Board of Trustees has approved
leases between the City and boat clubs.
Board of Trustees
Agenda - July 23, 1996
Page Eleven
Item 9, cont.
In the past, the City has requested, and the Board of Trustees
has approved, modifications to Dedication No. 19447. For example,
in 1980, the Board of Trustees waived the deed restrictions to
allow the City to develop an amusement park on this site. That
waiver included a provision requiring the City to dedicate one-third
of the revenues it was to receive to economic development projects
and one-third to the acquisition and maintenance of city parks.
The amusement park was never developed and the waiver has since
expired. In 1985, the Board of Trustees modified the deed restrictions
to allow construction of a restaurant on a parcel of filled lands
adjacent to Bayside Center. Under that modification, the City
was required to dedicate the revenues it received from the portion
of the development located on the restricted property to the acquisition
of land fronting Biscayne Bay, the Miami River and the Barnacle
Annex.
In May 1995, the City issued a Request for Proposal (RFP) to provide for more comprehensive development of a portion of Watson Island which is currently used as a public park, boat ramp and botanical garden. Parrot Jungle was the only respondent to the city's RFP. Parrot Jungle is a well known attraction in the Miami area, having operated as a private tourist attraction since 1936. On November 7, 1995, the citizens of Miami approved a referendum supporting the City's proposal for Parrot Jungle to relocate to and develop the site in accordance with specifications set forth by the City within its RFP.
In consideration of the Board of Trustees' modifying the public
purpose restrictions so that the City may enter into a profit
making venture with a private corporation, the City has offered
a percentage of revenues the City receives. The Department of
Environmental Protection and the City have obtained an appraisal
of the area for which the modification is being requested, estimating
both the market value of the land and its market rental value.
Based on that appraisal, staff believes that 15 percent of the
appraised rental value represents an equitable compensation to
the Board of Trustees. The City has not agreed to this but has
offered 7.5 percent.
If the Board of Trustees approves this request, the public use
deed restrictions contained in Dedication No. 19447 shall remain
in full force and effect for all the lands described in said dedication,
including Watson Island, which are not a part of this modification
or which have not been previously waived by the Board of Trustees.
A local government comprehensive plan has been adopted for this
area pursuant to section 163.3167, F.S. The Department of Community
Affairs has determined that the plan is in compliance. The proposed
action is consistent with the adopted plan according to a letter
received from the City of Miami.
(See Attachment 9, Pages 1-43)
RECOMMEND APPROVAL SUBJECT TO AGREEMENT BY THE CITY TO PAY
THE CONSIDERATION RECOMMENDED BY STAFF
Item 10 City of Miami/Bayside Specialty Center
Status Report
REQUEST: Consideration of a status report on the 1985
agreement between the Board of Trustees and the City of Miami
regarding revenues generated by the Bayside Specialty Center.
COUNTY: Dade
LOCATION: Section 37, Township 54 South, Range 42 East
Board of Trustees
Agenda - July 23, 1996
Page Twelve
Item 10, cont.
STAFF REMARKS: In 1949 the Board of Trustees dedicated to the City of Miami (City) certain filled and submerged land in and around Biscayne Bay for municipal and public purposes under the restriction that the dedicated lands could never be leased or sold to any private person, corporation or entity. On October 1, 1985, the Board of Trustees agreed to waive restrictions in Deed No. 19447 to allow the City to lease a portion of the deeded area to a private firm for the establishment of the Bayside Specialty Center (BSC). The BSC is a retail, dining and entertainment complex which includes 150 shops, restaurants, outdoor cafes and the Pier 5 Market showcasing artisans, entrepreneurs and inventors. A majority of the BSC occupies land that is not affected by the public purpose deed restrictions, but a small portion of the property is subject to those restrictions, thus requiring a modification or waiver to permit the area to be leased to a private corporation. In discussing the City's request, the Board of Trustees expressed concern that, by allowing public lands to be converted to private purposes, the local citizens were losing access to the bay. Consequently, as a condition of the waiver, the Board of Trustees required the City to commit 7.4 percent of the revenue it derived from the BSC lease to purchase other waterfront land on Biscayne Bay or the Miami River. The 7.4 percent figure was the City's estimate of the portion of the overall revenue which would be derived from those facilities constructed and operated on the property subject to the restrictions.
The City was to develop a priority list of proposed acquisitions
with the Barnacle Addition in Coconut Grove being the first priority.
The City would not be required to purchase the Barnacle Addition
unless it was placed on either the Conservation and Recreation
Lands (CARL) or Save Our Coast (SOC) acquisition list and the
state agreed to pay 50 percent of the purchase price. It was
agreed that if the City did not generate enough revenue to pay
its half of the purchase price, the state would advance the City's
portion. The City would pay back the advance plus interest at
an annual rate equal to the average interest rate of state invested
funds. However, no interest was to accrue until after five years
from the date the funds were advanced.
The Barnacle Addition was placed on the CARL list in 1986. Today,
it is ranked number 26 on the Bargain/Shared Project List. The
owners of the property have expressed a desire to sell at a price
far in excess of the state's estimated value. The City has not
developed a priority list with any properties other than the Barnacle
Addition. In addition, according to information from the City,
about $500,000 has been generated for acquisition by the Bayside
project.
A consideration of the status of any local government comprehensive
plans was not made for this item. The Department of Environmental
Protection has determined that consideration of this item is not
subject to the local government planning process.
(See Attachment 10, Pages 1-22)
RECOMMEND ACCEPTANCE
Item 11 BOT/Palm Beach County/City of Boca Raton/Boca
Commerce Center Associates/Boca K, Inc./Bocacos, Inc. Settlement
Agreement
REQUEST: Consideration of a settlement agreement between
the Board of Trustees, Palm Beach County, City of Boca Raton,
Boca Commerce Center Associates, Boca K, Inc. and Bocacos, Inc.
involving litigation over a contract to sell 211.85 acres within
Yamato Scrub CARL project.
COUNTY: Palm Beach
LOCATION: Section 31, Township 46 South, Range 43 East and
Section 06, Township 47 South, Range 43 East
Board of Trustees
Agenda - July 23, 1996
Page Thirteen
Item 11, cont.
CONSIDERATION: $17,500,000 (Board of Trustees to pay $5,800,000;
Palm Beach County (County) to pay $7,956,000; and the City of
Boca Raton (City) to pay $3,744,000. In addition, the County
will pay approximately $877,881 and the City, $413,120 to satisfy
all outstanding tax certificates and ad valorem taxes due.)
STAFF REMARKS: On September 15, 1992, the Board of Trustees
approved the assignment of two option agreements to acquire 222.22
acres of property within the Yamato Scrub CARL project from The
Nature Conservancy (TNC). TNC had previously obtained two options
to purchase 211.85 acres from Boca Commerce Center Associates
and 10.37 acres from Knight Investments, Incorporated. The Knight
Investments, Incorporated property has closed.
The contract price for the Boca Commerce Center Associates (Boca
Commerce) property was stated to be 82 1/2 percent of the value,
based upon appraisals approved by the Division of State Lands
(DSL). The Board of Trustees agreed to pay one half of the contract
price, with the City and County paying the balance. DSL approved
an appraisal resulting in a determination of value of $11,670,000.
This valuation fixed the contract price at $9,627,750 and the
State's participation at $4,813,875. The sellers refused to perform
under the contract.
Litigation was initiated in late 1992 on behalf of the State,
County and City to compel specific performance under the option
agreement. Prior to a resolution by the state court, Boca Commerce
and its affiliated entities filed for relief under Chapter 11
of the Bankruptcy Code. Boca Commerce then brought an adversary
proceeding in bankruptcy court to determine the State's, County's
and City's interest in the property. Boca Commerce also filed
a motion to reject the option agreement as executory.
The proposed settlement agreement resolves the state court suit
(currently stayed), the adversary proceeding and the motion to
reject in the bankruptcy court. Under the proposed agreement,
the mortgagee will release its lien (currently in excess of $31,000,000)
in consideration of the payment of $17,500,000. The Board of
Trustees' share would increase from the $4,813,875 referenced
above to not more than $5,800,000, which equates to 50 percent
of the original appraised value of the property. Title to the
property will be transferred to the Board of Trustees under virtually
the same terms as provided in the option agreement. The remainder
of the purchase price ($11,700,000) will be borne by the County
and City, as well as the satisfaction of any outstanding tax liabilities
at the time of transfer, currently estimated to be $1,291,001.
The Yamato Scrub Ecosite (Ecosite 21) is a high priority site,
listed for acquisition under the County's environmentally sensitive
land acquisition program. The relentless growth of large cities
has almost completely eliminated natural areas on the coast of
southeast Florida. The Yamato Scrub project will preserve one
of the richest and southernmost remnants of coastal scrub in south
Florida, protecting habitat critical to the survival of several
rare plants like sand-dune spurge and pine pinweed and animals
such as the gopher tortoise, and providing the public with a place
to learn about and enjoy the original landscape of this urbanized
area.
The property will be managed by Palm Beach County as a local botanical
site or reserve and will be a county park under the "single
use" concept to perpetuate natural resource values.
This acquisition is consistent with the Natural Systems and Recreation
Lands Section of the State Comprehensive Plan, section 187.201(10),
F.S.
(See Attachment 11, Pages 1-41)
RECOMMEND APPROVAL
Board of Trustees
Agenda - July 23, 1996
Page Fourteen
Item 12 United States Gypsum Company Submerged
Land Lease
REQUEST: Consideration of an application for a five-year
sovereignty submerged land lease containing 156,651 square feet,
more or less, for a proposed industrial docking facility.
COUNTY: Duval
Application No. 162781242
(Lease No. 161426172 to be canceled)
APPLICANT: United States Gypsum Company
LOCATION: Section 50, Township 01 South, Range 27 East, in the St. Johns River, Class III Waters, within the local jurisdiction of the City of Jacksonville/Duval County.
Aquatic Preserve: No
Outstanding Florida Waters: No
CONSIDERATION: $20,952.07, representing $16,761.66 as
the initial lease fee computed at the base rate of $0.1070 per
square foot, and including the initial 25 percent surcharge payment.
Sales tax will be assessed pursuant to section 212.031, F.S.,
if applicable.
STAFF REMARKS: The applicant is proposing to remove and
replace, in a new location (260 feet south of existing pier),
an industrial pier that is used in conjunction with the existing
upland production plant. The pier serves as a platform to support
a conveyor belt system to off-load gypsum rock for the manufacturing
of gypsum board (sheet rock). The ships utilizing the pier range
in size from approximately 500 to 720 feet in length and frequency
of vessel dockings averages one every ten days.
The existing treated timber pier was constructed in the 1940s
and requires constant maintenance. The pier was registered as
a grandfathered structure and was placed under Sovereignty Submerged
Land Lease No. 161426172 (containing 90,589 square feet) pursuant
to Delegation of Authority on October 9, 1989. The relocated
replacement pier will be concrete and will have a new alignment
so that the ships will be berthed and moored in a direction that
is more in line with the river currents and entrance channel.
The existing pier will remain in operation during construction
of the new pier, then will be removed. This will be included
as a special lease condition. The existing lease will be canceled
because only two of the mooring dolphins will remain on sovereign
lands for use in hurricane/emergency situations and will be included
in the proposed new lease as Parcel "B", preempting
2,008 square feet. The new pier and associated berthing area
will be Parcel "A" and will preempt 154,643 square feet,
for a total new lease area of 156,651 square feet.
The existing lease and the proposed lease encompass the portions
of the existing pier and the new pier and berthing areas that
extend onto sovereignty submerged lands located waterward of submerged
lands that were conveyed to the applicant by the Board of Trustees
on January 11, 1963 (Deed #23262 (1207-16), which are waterward
of filled, formerly submerged, sovereignty lands that were released
to the applicant by the Board of Trustees on January 4, 1963 (Disclaimer
#23261 (1207-16).
The Department of Environmental Protection wetland resource permit
for the new, proposed pier does not require sewage pumpout facilities
or prohibit liveaboards or fueling facilities. While ships are
at the pier, some utilities such as electricity and potable water
will be provided, and ship stores such as food and small supplies
will be delivered. No other services will be provided at the
facility. The recommendations of the Division of Marine Resources
regarding manatees have been addressed either in the permit or
are included as special lease conditions. There are no grassbeds
at the site because of the water depth. The project was noticed
as required.
Board of Trustees
Agenda - July 23, 1996
Page Fifteen
Item 12, cont.
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 is not in
compliance. In accordance with the Compliance Agreement between
DCA and the local government, an amendment has been adopted which
brought the plan into compliance. The proposed action is consistent
with the adopted plan as amended according to a letter received
from the City of Jacksonville/Duval County.
(See Attachment 12, Pages 1-7)
RECOMMEND APPROVAL SUBJECT TO THE SPECIAL APPROVAL CONDITION,
THE SPECIAL LEASE CONDITIONS, AND PAYMENT OF $20,952.07
Item 13 Metro Machine of Florida, Inc. Submerged
Land Lease
REQUEST: Consideration of an application for conceptual
approval of (1) a five-year sovereignty submerged land lease for
a proposed commercial dry dock and marine repair facility; and
(2) severance of 480,000 cubic yards of sovereign material.
COUNTY: Nassau
Application No. 452900299
APPLICANT: Metro Machine of Florida, Inc.
LOCATION: Section 14, Township 03 North, Range 28 East, in the Amelia River, near the city of Fernandina Beach, within the local jurisdiction of Nassau County
Aquatic Preserve: Fort Clinch State Park Aquatic Preserve, Resource Protection Area 1
Outstanding Florida Waters: Yes, Class III
STAFF REMARKS: The applicant is proposing to construct
a privately managed dry dock facility to service U.S. Navy ships
home-ported at Jacksonville. In order to meet the time constraints
imposed by the Navy for receipt of the contract to operate the
dry dock facility, the applicant has requested that the Board
of Trustees consider this request for conceptual approval while
information is being collected to complete the application. The
proposed site is located at the Nassau Fertilizer and Oil Company
land at Egans Point. Legal descriptions indicate a total of 18
acres of land including six acres of marshland. The west boundary
is the Amelia River, to the south Egans Creek, to the north a
parcel of land bordering on Fort Clinch State Park. Previous
commercial activity at this site was menhaden processing which
started in 1911. Three commercial docks and upland warehouses
and other structures currently exist at the site. The docks are
registered grandfathered structures (GSR No. 45-0001).
The proposed project is designed such that a maximum of two ships will be located at the facility at one time with one of the ships in dry dock. The ships will be destroyer and guided-missile cruiser class. The project involves removing existing docking facilities, constructing 172,300 square feet of overwater docking facilities, and creating a dry dock basin, berthing area, and access channel by dredging 480,000 cubic yards of sovereign material. Dredging requirements include excavating to a depth of -55 feet mean low water (MLW) for the operation of the floating dry dock, -35 feet MLW for the pier, and -35 feet MLW for a channel leading to the site from the Amelia River. Shoreline armoring will be required to stabilize the side slopes of the excavated areas. The excavation and armoring will result in the elimination of 0.64 acre of
Board of Trustees
Agenda - July 23, 1996
Page Sixteen
Item 13, cont.
saltmarsh vegetation and 0.2 acres of oyster beds along the Amelia
River shoreline.
Proposed construction on the uplands includes additional parking,
an electrical power service area, land-side boilers for domestic
steam service to the ships, a wastewater treatment plant for ship
tank and bilge cleaning operations, and a hazardous materials
storage area.
Staff's objections to this project at this site are based on the
applicant not having met all applicable requirements for proprietary
authorizations to use sovereign submerged lands, pursuant to Article
X, Section 11 of the Florida Constitution, chapters 253 and 258,
F.S., associated chapters 18-21 and 18-20, F.A.C., and the policies
of the Board of Trustees. Specifically, the proposed project
is located in the Fort Clinch State Park Aquatic Preserve. This
preserve was designated on March 4, 1970, for the primary purpose
of establishing a protective aesthetic buffer for the state park
and historic Fort Clinch. Major threats to this preserve include
proposed port developments along Amelia Island, water pollution
associated with regional industrial and urban developments, and
ship traffic along the Intracoastal Waterway (Fort Clinch State
Park Management Plan, Executive Summary, April 22, 1986).
Additionally, the construction and the activity is inconsistent
with the management policies, standards, and criteria of sections
18-21.004 and 18-20.004, F.A.C. The applicant has not provided
reasonable assurance that the activity is clearly "in the
public interest," will maintain essentially natural conditions,
and will not cause adverse impacts to fish and wildlife resources
or public recreation or navigation.
The applicant proposes to dredge 480,000 cubic yards of material
covering an area of approximately nine acres. The proposed dry
dock area consists of a partially vegetated sandy shoreline that
slopes from +5 feet MLW to 0 feet MLW over a variable horizontal
distance of 100-200 feet along the applicant's shoreline. The
proposed dredging will change the bottom contour from +5 feet
MLW to -55 feet MLW over the same horizontal distance. The proposed
dredging operation will eliminate 0.64 acre of shoreline vegetation,
0.2 acre of oyster beds, and the entire littoral zone along 1,400
feet of shoreline. Analyses of benthic samples taken in the dredge
area indicate that all stations have good species diversity as
expressed by the Shannon-Weaver Diversity Index, with an abundance
of organisms represented by several taxa. The proposed project
area is classified as a Resource Protection Area 1 that supports
a healthy benthic community.
Core borings taken in the dredge area indicate an upper sediment
layer of sandy, clayey silt between 15 and 30 feet thick. Approximately
70 percent of the total amount of proposed dredge volume is composed
of this material. This type of material is difficult to dredge
while maintaining water quality standards. The amount of deposition
in the proposed dredge area indicates that there may be frequent
maintenance dredging concerns. The 90,000 square foot, 55-foot
deep cavity proposed for the drydock area could act as a "sump"
collecting suspended solids during tide changes in the Amelia
River and from the tidal flushing of Egans Creek twice daily.
Adverse impacts to public recreation can be anticipated. Fort
Clinch State Park maintains a campground within 2,000 feet of
the proposed project. Park visitors would be subjected to lights
and noise from the 24-hour operation of the proposed facility.
The applicant maintains that the proposed project is in the public
interest in light of its offer to: (1) designate a fenced 1.5-acre
parcel at Egans Point which may be used by Nassau County as a
public boat ramp and dock with a public sewage pump-out facility.
The pump-out facility would be installed by the applicant, while
the ramp, dock and parking area would be the responsibility of
Nassau County. This offer should not be considered in the public
interest assessment without a firm commitment from the local government
to construct these facilities;
Board of Trustees
Agenda - July 23, 1996
Page Seventeen
Item 13, cont.
(2) place 150,000 cubic yards of fine sand dredge material at
Fort Clinch State Park to offset erosion that threatens the fort.
This could only be considered in the public interest if the applicant
can demonstrate that the material is compatible for placement
at Fort Clinch State Park. Also, in December 1996, the U.S. Army
Corps of Engineers (COE) will be placing 50,000-80,000 cubic yards
of beach quality sand at Fort Clinch State Park as a specific
condition of a previously issued Department of Environmental Protection
wetland resource permit (No. 452025139) for the Kings Bay Entrance
Channel Navigation Project; (3) remove three sunken barges at
the project site. Staff is of the opinion that the replacement
of three sunken barges with a massive marine repair facility will
not improve the aesthetics of the preserve; (4) donate 6.0 acres
of marsh bordering Clark Creek to the state of Florida for inclusion
in the Fort Clinch State Park, either by dedication or conveyance
of a conservation easement of the marsh areas; and (5) assist
the COE in future beach renourishment projects at Fort Clinch
by paying for services to locate unexploded ordnance in the vicinity
of the fort. Staff is of the opinion that item (4) will be needed
as mitigation to offset the loss of marsh habitat and should not
be considered as a benefit to the preserve. Also, the state claims
ownership to lands lying waterward of the mean high water line
of Clark Creek. Deed surveys indicate that the majority of the
marsh lands proposed for conveyance/preservation are already in
public ownership and should not be considered in the public interest
assessment. Staff has not been provided with sufficient information
on item (5) to determine whether or not this activity will benefit
the preserve.
The proposed project is contrary to and inconsistent with the
provisions of the Conceptual State Lands Management Plan adopted
by the Board of Trustees on March 17, 1981, that states in section
V.J.4. (Swamps, Marshes and other Wetland Policies): "Discourage
the removal of natural shoreline vegetation."
The proposed project is contrary to and inconsistent with the
provisions of section 18-20.004 (3)(a), F.A.C., that states, "All
proposed activities in aquatic preserves having management plans
adopted by the board must demonstrate that such activities are
consistent with the management plan." The proposed project
is contrary to and inconsistent with the provisions of the Fort
Clinch State Park Aquatic Preserve Management Plan adopted by
the Board of Trustees on April 22, 1986. Chapter III (K) (Major
Program Policy Directives) states, "Prohibit storage of toxic,
radioactive, or other hazardous materials within the aquatic preserve."
Chapter III (N) states, "Prohibit the construction of new
deep water ports within the aquatic preserve boundaries."
Chapter V (B)1.f.1.i. (Plant Communities Management Policies)
states, "The destructive clearing of salt marshes in sovereignty
lands shall be strictly prohibited."
The proposed project is also contrary to and inconsistent with
the provisions of section 18-20.004 (5)(d)3, F.A.C. (Standards
and Criteria for Docking Facilities), that states, "...the
docking facilities shall not terminate in Resource Protection
Area 1 or 2..." Benthic analyses have determined that the
entire dock and dredge area is a Resource Protection Area 1.
Staff recognizes the historic commercial use of this site and,
in general, is not opposed to redevelopment of this site for future
commercial use. However, given the extensive physical alteration
and associated impacts related to the construction of the proposed
dry dock facility, as described above, staff is of the opinion
that this specific commercial use is inappropriate for the site.
Staff is of the opinion that the applicant should pursue an application
for this facility at an alternative site that could more appropriately
be adapted to the project that would not have the same degree
of severe impacts.
Should the Board of Trustees choose to conceptually approve the
project, the applicant will be required to submit a complete application
to obtain an environmental resource permit for construction and
staff will return to the Board of Trustees for final consideration
when the application is complete.
Board of Trustees
Agenda - July 23, 1996
Page Eighteen
Item 13, cont.
(See Attachment 13, Pages 1-12)
RECOMMEND DENIAL
Item 14 Surplus Land Sales/Cross Florida Greenways
REQUEST: Consideration of approval of five contracts to
sell five parcels of Board of Trustees' land on the Cross Florida
Greenways State Recreation and Conservation Area (former barge
canal lands), which have been identified as surplus lands, pursuant
to subsections 253.7823 and 253.783, F.S.
COUNTY: Marion
APPLICANTS: James G. Kraemer and Doris Kraemer (Lot 8,
Block B, Piney Woods Subdivision), Albert F. McDermitt, Jr. and
Ellen E. McDermitt (Lot 11, Block C, Piney Woods Subdivision),
Wesley Braddock and Mary Jane Braddock (Lot 3, Block A, Piney
Woods Subdivision), Gloria Benincasa (Lot 12, Block C, Piney Woods
Subdivision), Sherry Blackstock and Sherry Harding Darnell (Lots
11 and 12, Block A, Piney Woods Subdivision).
LOCATION: Section 36, Township 15 South, Range 22 East.
CONSIDERATION: $9,906.00, representing the total appraised
market value of all five parcels. ($2,532.00 for Lot 8, Block
B, Parcel #396A, Piney Woods Subdivision; $1,490.00 for Lot 11,
Block C, Parcel #394A, Piney Woods Subdivision; $1,639.00 for
Lot 3, Block A, Parcel #399A, Piney Woods Subdivision; $1,713.00
for Lot 12, Block C, Parcel #395A, Piney Woods Subdivision; $2,532.00
for Lots 11 and 12, Block A, Parcel #389A, Piney Woods Subdivision).
STAFF REMARKS: Title to this property was vested in the
Board of Trustees through a conveyance by the Canal Authority
of Florida in 1993. Subsection 253.7823, F.S., grants the Department
of Environmental Protection (DEP) the authority to designate former
barge canal lands surplus and sell same, for the purpose of repayment
to the counties affected by the authorization and subsequent deauthorization
of the Cross Florida Barge Canal and to generate management funds
for the Cross Florida Greenways State Recreation and Conservation
Area.
Pursuant to subsection 253.7823(1), F.S., DEP has identified these
five parcels as surplus. Appraised value, habitat, conservation,
ecological factors, access and difficulty of management were among
the criteria used to determine eligibility for surplus and sale.
Pursuant to subsection 253.783(2), F.S., these five parcels were
first offered to Marion County. After refusal by Marion County,
these five parcels were offered to the original owners for purchase.
James G. and Doris Kraemer, as original owners, are exercising
their right to purchase Lot 8, Block B, Piney Woods Subdivision
and Albert F. McDermitt, Jr. and Ellen E. McDermitt, as original
owners, are exercising their right to purchase Lot 11, Block C,
Piney Woods Subdivision. The purchase prices of these two parcels
represent their current appraised values.
The other three parcels which were not subject to any leasehold
interests were sold at public sale, to the highest bidder on June
19, 1996. The high bid for each parcel was its current appraised
value.
A consideration of the status of the local government comprehensive plan was not made for this
Board of Trustees
Agenda - July 23, 1996
Page Nineteen
Item 14, cont.
item. The Department of Environmental Protection has determined
that land conveyances are not subject to the local government
planning process.
(See Attachment 14, Pages 1-61)
RECOMMEND APPROVAL
Item 15 South Florida Water Management District/Overstreet/Mitigation
Bank
DEFERRED FROM JUNE 13, 1996 AGENDA
REQUEST: Consideration of a request to use state sovereign
lands designated as policy lands for a mitigation bank as part
of the Kissimmee River Restoration Project.
COUNTY: Osceola
APPLICANT: South Florida Water Management District
(Overstreet Mitigation Bank)
CONSIDERATION: $2,212,000 savings in costs to the South
Florida Water Management District and the U.S. Army Corps of Engineers.
LOCATION: Sections 21, 27, 28, 33 and 34, Township 29 South, Range 31 East, on the
east side of Lake Kissimmee, within the local jurisdiction of
Osceola County.
STAFF REMARKS: The restoration of the Kissimmee River
is a priority of the federal government, the State of Florida,
and the South Florida Water Management District (SFWMD). The
Board of Trustees previously granted an easement to the SFWMD
to all state-owned lands within the federally approved Kissimmee
River Restoration Project to allow for the restoration activities.
To further facilitate the SFWMD's acquisition of other land needed
for the restoration project, the Board of Trustees adopted a resolution
on February 23, 1993, wherein it agreed not to assert the state's
claim of ownership to any land acquired by the SFWMD for the Kissimmee
River Restoration Project provided that the SFWMD does not convey
any interest to a third party and provided that the Trustees approve
any activities on these lands that are not enumerated in section
373.59, F.S. These lands are referred to as "policy lands."
In the course of acquiring property for this restoration project,
SFWMD had been negotiating with the Overstreets (property owners)
for the purchase of 595.06 acres (328.75 acres of which are policy
lands). The SFWMD must acquire these lands no later than August
31, 1996, to meet the Corps of Engineers' (COE) schedule for the
restoration project. Before negotiations could be finalized, a
mitigation banking company approached the Overstreets with the
suggestion that a mitigation bank be established at this site.
The Overstreets agreed to donate the land to the SFWMD in exchange
for being allowed to retain the right to operate a mitigation
bank on the property. The use of policy lands as mitigation banks
is not enumerated in section 373.59, F.S.; therefore, the SFWMD
is seeking the Board of Trustees' authorization to allow the policy
lands at the site to be used as part of a mitigation bank.
The 596.06 acres contain a levee and degraded wetlands. As part
of the restoration project, the COE project requires a breach
of the levee to partially restore the wetlands. If a mitigation
bank is approved for this site, the restoration work would be
conducted and paid for by the banker, rather than the COE. Additional
restoration work, such as removal of ditches and dikes within
Board of Trustees
Agenda - July 23, 1996
Page Twenty
Item 15, cont.
the Overstreet property, will also be conducted by the banker.
As part of the mitigation bank permit requirements, the SFWMD
and the state will receive a conservation easement over 400 additional
acres owned by the Overstreets which are adjacent to the acquisition
area. These additional acres are not required for the COE restoration
project, but will be included in the mitigation bank for a total
mitigation bank area of 995.06 acres. The U.S. Fish and Wildlife
Service has released approximately 40 of the nearly extinct whooping
cranes (Grus americana) on this parcel and adjacent land.
The restoration project will sustain and enhance the preferred
habitat of this endangered species.
Approval of this mitigation bank will preclude the necessity of
the COE performing the restoration work with public funds. The
proposal will result in a projected savings of approximately $2,212,000
as follows: $1,162,000 savings to SFWMD for the land acquisition;
$700,000 to the COE for the cost of restoration; and $350,000
for long-term management by SFWMD. The Overstreets and the mitigation
banker will establish a trust fund for the perpetual management
of the restored lands. Staff believes that the monies saved by
the SFWMD and the COE are sufficient compensation for the use
of the policy lands. Staff requests concurrence that the Board
of Trustees is willing to allow this savings to accrue to the
SFWMD and the COE in this unusual circumstance in lieu of requesting
that a percentage of the sale price of the mitigation credits
be paid to the Board of Trustees. In addition, staff recommends
that approval of the mitigation bank include the following
restrictions:
1. Mitigation credits from the bank derived from enhancement of the policy lands shall not be used to offset impacts to sovereign submerged lands except those impacts associated with public projects.
2. The proposed mitigation banking company or consultant
selected by the Overstreets to operate the bank must be approved
by the Board of Trustees prior to any work being conducted on
sovereign submerged lands to establish the mitigation bank.
(See Attachment 15, Pages 1-10)
RECOMMEND APPROVAL WITH RESTRICTIONS