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Cabinet
Affairs |
AGENDA
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
MAY 13, 1997
*
Item 1 Minutes
Submittal of the minutes of the March 25, 1997 Cabinet meeting.
RECOMMEND ACCEPTANCE
Item 2
Three Option Agreements/Wekiva-Ocala Greenway CARL Project
REQUEST: Consideration of three option agreements
to acquire 170 acres within the Wekiva-Ocala Greenway CARL project
from three separate owners.
COUNTY: Lake
LOCATION: Section 19, Township 18 South, Range 29
East and Section 33, Township 18 South, Range 28 East
CONSIDERATION: $386,000
APPRAISED BY
REVIEW Goodman Clayton Hupp APPROVED PURCHASE OPTION
NO. PARCEL ACRES (08/22/94) (02/22/95) (03/31/95) VALUE PRICE DATE
708001 Simpson 160 $322,500 $352,000 $352,000 $332,000 120 days
708002 Reed 5 $27,500* $ 27,500 $ 27,000 after BOT
708003 Mechling 5 $27,500 $ 27,500 $ 27,000 approval
170 $407,000 $386,000
* appraisal revised on 04/10/97
STAFF REMARKS: The Wekiva-Ocala Greenway CARL project
is ranked number 7 on 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. The project contains 68,578 acres, of which 26,248
acres have been acquired or are under agreement to be acquired.
After the Board of Trustees approves these agreements, 42,160
acres or 61 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, to be provided
prior to closing, reveal any 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.
The certified surveys and environmental site assessments will
be provided by the purchaser prior to closing.
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.
These properties will be managed by the Department of Agriculture
and Consumer Services, Division of Forestry as a part of the Seminole
State Forest.
Board of Trustees
Agenda - May 13, 1997 Page Two
*
Item 2, 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 2, Pages 1-54)
RECOMMEND APPROVAL
Item 3
Allman Option Agreement/Archie Carr Sea Turtle Refuge CARL Project
REQUEST: Consideration of an option agreement to
acquire approximately 0.90 acre within the Archie Carr Sea Turtle
Refuge CARL project from Teddy Ann and John B. Allman, Co-Trustees.
COUNTY: Brevard
LOCATION: Section 06, Township 30 South, Range 39
East
CONSIDERATION: $205,000
APPRAISED BY
REVIEW Benson APPROVED PURCHASE OPTION
NO. PARCEL ACRES (07/19/96) VALUE PRICE DATE
708004 Allman 0.90 $ 210,000 $ 210,000 $ 205,000 120 days after
BOT approval
STAFF REMARKS: The Archie Carr Sea Turtle Refuge CARL
project is ranked number 2 on 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. The Archie Carr Sea Turtle Refuge project contains
948 acres, of which 546.14 acres have been acquired or are under
agreement to be acquired. After the Board of Trustees approves
this agreement, 400.96 acres or 42 percent of the project remains
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.
The certified survey and the environmental site assessment will
be provided by the purchaser prior to closing.
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 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 property will be managed by U.S. Fish and Wildlife Service as part of the Archie Carr National Wildlife Refuge.
Board of Trustees
Agenda - May 13, 1997 Page Three
*
Item 3, cont.
This acquisition is consistent with section 187.201 (10), F.S.,
the Natural Systems and Recreational Lands section of the State
Comprehensive Plan.
(See Attachment 3, Pages 1-23)
RECOMMEND APPROVAL
Item 4
Joseph Messenger Purchase Agreement/Survey Waiver/Belle Meade
CARL Project
REQUEST: Consideration of (1) a purchase agreement
to acquire 60.40 acres within the Belle Meade CARL project from
Joseph Messenger, Individually and as Trustee; and (2) a request
for survey waiver.
COUNTY: Collier
LOCATION: Section 07, Township 50 South, Range 27
East
CONSIDERATION: $98,800
APPRAISED BY
REVIEW PARCEL (Dane) APPROVED PURCHASE CLOSING
NO. NO. OWNER ACRES (11/28/95) VALUE PRICE DATE
708005 136 Messenger 60.40 $108,720 $108,720 $98,800 6 months after BOT
approval
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 19,227 acres, of which 8,974 acres have
been acquired or are under agreement to be acquired. After
the Board of Trustees approves this agreement, 10,193 acres or
53 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 or the proposed management of the property,
staff will so advise the Board of Trustees prior to closing.
A waiver of the requirement for survey of this parcel is being
requested pursuant to section 181.005, F.A.C., because,
in the opinion of the Bureau of Survey and Mapping, the parcel
to be acquired meets all of the following conditions:
Board of Trustees
Agenda - May 13, 1997 Page Four
*
Item 4, cont.
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. In the event a full survey
is waived, a professional land surveyor will inspect the property
for any visible evidence of improvements or potential boundary
issues. In cooperation with the managing agency, the Division
of State Lands will acquire any special purpose survey work necessary
for the effective management of the property.
An environmental site assessment and title insurance policy 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 1-12)
RECOMMEND APPROVAL
Item 5
The Nature Conservancy (Worldwide Investment Group, Inc.) Purchase
Agreement/Waiver of Marketability/Survey Waiver/Lake Wales
Ridge Ecosystems (Carter Creek) CARL Project
REQUEST: Consideration of (1) a purchase agreement to
acquire approximately 78.73 acres within the Lake Wales Ridge
Ecosystems (Carter Creek) CARL project from The Nature Conservancy,
Inc. (TNC); (2) a request to waive the marketability of title
requirement of section 259.041(6), F.S. for the purchase of 15
parcels with a tax deed in the title history; and (3) a request
for survey waiver.
COUNTY: Highlands
LOCATION: Sections 33 and 34, Township 33 South, Range
29 East; Sections 03, 04, 09, 10 and 11, Township 34 South, Range
29 East
CONSIDERATION: $184,500 Board of Trustees
Agenda - May 13, 1997 Page Five
*
Item 5, cont.
APPRAISED BY
REVIEW Baker APPROVED PURCHASE CLOSING
NO. PARCEL ACRES (05/10/93) VALUE PRICE DATE
708006 Worldwide 78.73 $ 184,500 $ 184,500 $ 184,500* 30 and 90 days
after BOT approval
* Purchase price shall
equal TNC's purchase price ($175,290.63) plus the estimated sum
of TNC's direct expenses in acquiring the property, agreed upon
compensation to TNC for overhead associated with the purchase
of the property and TNC's holding costs. The final purchase price
will likely be lower than indicated because it is primarily dependent
on the length of time TNC holds the property.
STAFF REMARKS: The Lake Wales Ridge Ecosystems CARL project
is ranked number 1 on 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 33,031 acres, of which 1,250 acres
have been acquired by Southwest Florida Water Management District
and 12,433.8 acres have been acquired or are under agreement to
be acquired by the Board of Trustees. After the Board of Trustees
approves this agreement, 19,268.5 acres or 58.3 percent
of the project will remain to be acquired.
TNC has a contract to purchase approximately 134 acres, containing
114 subdivision parcels from Worldwide Investments, Inc., a Florida
corporation. After this acquisition is approved, the Board of
Trustees will acquire 78.73 acres (or 67 parcels) from TNC. TNC
is acquiring the additional area (47 parcels) with mitigation
funds for TNC ownership and management. The agreement contemplates
a two phase closing on the 67 parcels where TNC will convey 57
parcels at the initial closing, and convey the remaining 10 parcels
at the subsequent closing. The Board of Trustees purchase price
for each closing is the sum of TNC's purchase price for the property,
TNC's direct expenses in acquiring the property, TNC's holding
costs, and agreed upon compensation to TNC for overhead associated
with the purchase of the property. The agreement provides that
in no event will the Board of Trustees' purchase price for the
property exceed the DSL approved value of the property. The parcels
are being closed in two phases to reduce direct expenses and holding
costs associated with parcels eligible for a waiver of survey.
In order to meet the initial closing date, the agreement provides
the flexibility to shift parcel(s) from the initial closing to
the subsequent closing. In the event any parcel(s) are shifted
from one phase to another, the amount paid at each closing shall
be adjusted accordingly. The agreement is contingent upon TNC
acquiring the property from Worldwide Investment Group, Inc.
The property contains 15 parcels with tax deeds less than four
years old in the chain of title. The title policy to be issued
will contain exceptions for the rights of prior owners, mortgage
holders and lien holders as to these 15 parcels, based upon the
existence of a tax deed in the chain of title for each parcel.
Title insurance companies are generally unwilling to insure the
title with regard to the tax sale on the basis that they are unable
to ascertain whether each and every technical requirement of the
law has been met. While title marketability is a requirement
under section 259.041, F.S., that section allows the Board of
Trustees to waive that requirement provided that the public's
interest is reasonably protected. While there is some risk associated
with the acquisition of any property with less than perfect title,
over the last fifteen years the Division of State Lands has acquired
several thousand properties at tax deed sales or with tax deeds
in the chain of title and the Board of Trustees have not lost
any property acquired with a tax deed in the chain of title.
Fifteen of the parcels involved with this transaction were acquired
via tax deed by a predecessor in title on or before August, 1995
and the likelihood of a challenge at this point is remote. Staff
recommends that pursuant to section 259.041, F.S., the Board of
Trustees approve the waiver of marketability because the risk
associated with proceeding is minimal and thus the public's interest
is reasonably protected.
Board of Trustees
Agenda - May 13, 1997 Page Six
*
Item 5, cont.
A waiver of the requirement for a survey of the parcels included
in the first phase closing is requested pursuant to section 18-1.005,
F.A.C., because, in the opinion of the Bureau of Survey and Mapping,
the parcels to be acquired meet all of the following conditions:
While the first phase parcels are 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 parcels,
a certified survey will be provided by the purchaser prior to
closing.
The survey for the second phase closing will be provided by the
purchaser. The title commitment will be provided by the seller
and the purchaser will reimburse the cost of the title commitment,
not to exceed the minimum promulgated rate. The environmental
site assessment will be provided by the seller and the purchaser
will reimburse the approved cost of the assessment, not to exceed
$15,000.
All mortgages and liens will be satisfied at the time of closing.
In the event the commitment for title insurance, to be obtained
prior to closing, reveals any other encumbrances which may affect
the value or proposed management of the property, staff will so
advise the Board of Trustees prior to closing.
The high, sandy, Lake Wales Ridge, stretching south from near
Orlando almost to Lake Okeechobee, was originally covered with
a mosaic of scrub, flatwoods, wetlands, and lakes. The scrub is
unique in the world - it is inhabited by many plants and animals
found nowhere else - but it has almost completely been converted
to citrus groves and housing developments. The Lake Wales Ridge
Ecosystems CARL project is designed to protect the best remaining
tracts of this scrub and the ecosystems associated with it, thereby
preserving several endangered species and allowing the public
to see examples of the unique original landscape of the ridge.
This property will be managed by the Florida Game and Fresh Water
Fish Commission under a single-use concept as part of a wildlife
and environmental 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 5, Pages 1-44)
RECOMMEND APPROVAL
Board of Trustees
Agenda - May 13, 1997 Page Seven
*
Item 6
Tampa Bay Area Research and Development Authority/Leasehold Encumbrance/Estoppel
Certificate DOA
REQUEST: Consideration of (1) a proposal to encumber a
leasehold interest in order to obtain financing to construct a
hotel on Board of Trustees' land under lease to the Tampa Bay
Area Research and Development Authority; and (2) delegation of
authority to the Director, Division of State Lands, to execute
the estoppel certificate.
COUNTY: Hillsborough
Lease No. 3209
APPLICANT: Tampa Bay Area Research and Development Authority
LOCATION: Sections 08 and 09, Township 28 South, Range
18 East
STAFF REMARKS: The Tampa Bay Area Research and Development
Authority (Authority) was formed pursuant to the provisions of
Chapter 159, Part V, F.S. On November 8, 1982, the Board of Trustees
leased approximately 87 acres (previously under lease to the Board
of Regents for the University of South Florida) to the Authority
for development of a research and development park. The lease
required that a Plan of Development be submitted to the Board
of Trustees for approval. That plan was completed by The Urban
Studio of Tampa and was approved by the Board of Trustees on November
5, 1985. It provided for conference facilities, including overnight
guest accommodations. Subsequently, in 1995, the Authority subleased
property within the park to John Q. Hammons Hotels Two, L.P. (Hammons),
for the purpose of constructing a conference center and hotel.
Hammons has arranged to obtain construction financing from Provident
Bank of Ohio. The lender has requested an estoppel certificate
from the Board of Trustees as a condition of the loan. The form
of the certificate is being presented to the Board of Trustees
because approval of proposals to encumber leasehold interests
with mortgages or financing arrangements has not been delegated.
Staff has reviewed the estoppel certificate and determined that
the statements it makes are accurate with regard to the existing
lease and sublease.
A consideration of the status of the local government comprehensive
plan was not made for this item. The Department of Environmental
Protection has determined that the conditions of financing arrangements
are not subject to the local government planning process.
(See Attachment 6, Pages 1-6)
RECOMMEND APPROVAL
Item 7
Support Terminals Operating Partnership, L.P. Disclaimer
REQUEST: Consideration of an application for a disclaimer
for a parcel of submerged lands beneath a dock encompassing 12,425.87
square feet (0.29 acre) more or less.
COUNTY: Duval
LOCATION: Section 50, Township 01 South, Range 27 East
APPLICANT: Support Terminals Operating Partnership, L.P.,
Limited Partnership
Board of Trustees
Agenda - May 13, 1997 Page Eight
*
Item 7, cont.
STAFF REMARKS: The applicant has requested a disclaimer
to the area under a dock as "permanent improvements"
pursuant to the Butler Act (Chapter 8537, Acts of 1921) and section
253.129, F.S. The courts in several recent decisions (e.g., Jacksonville
Shipyards and Industrial Plastics) have held that wharfs
and docks constructed prior to the repeal of the Butler Act constitute
"permanent improvements" for which disclaimers are appropriate.
Aerial photographs dated May, 1943, and January, 1952, show the
dock in existence. Currently the dock is in disrepair resulting
from a 1990 maritime accident. The current owner anticipates
making repairs after a disclaimer is issued.
Staff recommends that because the lands subject to this disclaimer
are subject to the inalienable public trust under which the Grantor
acquired and holds title to sovereignty lands, a provision be
included in the disclaimer providing that, if Grantee permanently
abandons any of the improvements above and as a result of the
abandonment said improvements deteriorate and wash away through
a gradual, imperceptible process, all right, title and interest
in the lands beneath the improvements shall automatically and
immediately vest in Grantor, without notice to Grantee, and Grantee
shall forfeit all right, title and interest in and to said lands.
A consideration of the status of the local government comprehensive
plan was not made for this item. The Department of Environmental
Protection has determined that the proposed action is not subject
to the local government planning process.
(See Attachment 7, Page 1-12)
RECOMMEND APPROVAL
Item 8
Designation of High Density Aquaculture Lease Areas/Twenty-four
Shellfish Aquaculture Leases
REQUEST: Approval to (1) use approximately 35.72 acres
of sovereignty submerged lands, more or less, for shellfish aquaculture
in a designated high-density lease area in Volusia County; and
(2) issue 24 aquaculture leases to eligible participants in the
local Aquaculture Demonstration and Training Project (Project
Oak Hill).
COUNTY: Volusia
APPLICANTS: 24 lease applicants
LOCATION: Sections 4 and 9, Township 19 South, Range 35
East, in Mosquito Lagoon, Class III waters, near the City of Oak
Hill, within the local jurisdiction of Volusia County.
CONSIDERATION: The lease fee for all of the proposed leases
represents (1) a base annual rent of $15.58 per acre or fraction
thereof; and (2) an annual surcharge, representing $5 per acre
or fraction thereof for deposit in the Marine Resource Conservation
Trust Fund. Pursuant to section 370.16(4)(b), F. S., each applicant's
lease fee shall be adjusted on January 1, 2000, and every five
years thereafter, based upon the five-year average change in the
Consumer Price Index.
STAFF REMARKS: Because of the constitutional limitations on coastal net-fishing, the HarborBranch Oceanographic Institution, Inc. (HBOI) is training eligible displaced net fishers to
Board of Trustees
Agenda - May 13, 1997 Page Nine
*
Item 8, cont.
perform shellfish cultivation activities. This program is funded
by a contract with the Department of Labor and Employment Security
via the Job Training Partnership Act. This includes payment of
the $200 application processing fee for the individual and joint
lease applicants, and payment of the first annual rental fees.
Department of Environmental Protection (DEP) staff took the lead
in identifying a high density lease area that is suitable for
commercial shellfish aquaculture activities. This site is recommended
for approval by DEP staff since no adverse impacts are anticipated
on seagrasses, existing shellfish beds, or other sensitive habitats.
Conflicts with other water-related users are anticipated to be
minimal. If approved, this site would be subdivided into individual
parcels that would be leased by the DEP to the qualified graduates
of the training program. The affected local governmental authority
is in full support of project.
Section 253.68, F.S., declares that it shall be the policy of
the state to foster aquaculture development when the aquaculture
activity is consistent with state resource management goals, environmental
protection, proprietary interests, and the state aquaculture plan.
Each participant's record was reviewed to determine violations
associated with marine resources and public health. Four participants
were found to have marine resource violations. DEP staff informed
the Private Industry Council (PIC) about those violations. However,
the PIC decided to allow these individuals to participate in the
training program. The DEP agrees with the action of the PIC because
considerable effort and expense has been put forth in training,
and issuing leases to these individuals offers a mechanism to
allow affected fishermen to work within the law. However, maintaining
the lease will be contingent upon these individuals remaining
free of resource violations. The lease instrument will contain
specific provisions for automatically terminating the lease in
the event that the lessee is adjudicated guilty on a future marine
resource or public health violation.
A consideration of the status of any local government comprehensive
plans was not made for this item. The DEP has determined that
the proposed actions are not subject to the local government planning
process.
(See Attachment 8, Pages 1-16)
RECOMMEND: APPROVAL TO ISSUE AQUACULTURE LEASES IN
A HIGH-DENSITY LEASE AREA TO ELIGIBLE APPLICANTS SUBJECT TO APPLICABLE
LAW AND RULE REQUIREMENTS, FINAL ACTION BY THE U. S. ARMY CORPS
OF ENGINEERS, AND COMPLIANCE WITH THE SPECIAL LEASE CONDITIONS.