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Cabinet
Affairs |
AGENDA
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
NOVEMBER 18, 1997
Item 1 Minutes
Submittal of the minutes of the October 9, 1997 Cabinet meeting.
RECOMMEND ACCEPTANCE
Item 2 South Florida Water Management District/Kissimmee River Claim of Ownership
REQUEST: Consideration of a request not to assert a claim
of ownership of certain sovereignty lands (policy lands) along
the Kissimmee River to be acquired by the South Florida Water
Management District (SFWMD) under the Save Our Rivers (SOR) Program.
COUNTY: Highlands
APPLICANT: South Florida Water Management District
LOCATION: A part of Section 13, Township 37 South, Range
33 East, Highlands County
STAFF REMARKS: On February 28, 1989, the Board of Trustees
set forth a revised policy for dealing with certain state ownership
claims for lands to be acquired under the SOR program. The SFWMD
has obtained a purchase agreement on 54.78 acres, more or less,
of land along the Kissimmee River, all of which are subject to
review under this policy.
In accordance with the policy, the following information is submitted:
(1) The lands fall within the boundaries of the Kissimmee River
(Lower Basin) acquisition project identified in the approved
five-year plan of the SFWMD;
(2) The SFWMD Governing Board has certified that lands to be
acquired will be used for public purposes as enumerated in section
373.59, F.S.;
(3)&(4) (a) Public Use: This site known as "Paradise
Run" is in close proximity to the City of Okeechobee and
Lake Okeechobee and would make a popular recreational destination.
It is also possible that the Florida National Scenic Trail would
be extended through the area.
(b) Natural Resource Conservation: According to the Florida
Game and Fresh Water Fish Commission, this area has high wildlife
utilization in the form of waterfowl and wading birds.
(5) SFWMD agrees that the policy lands purchased by the SFWMD
will revert to the Board of Trustees if such lands are no longer
used for the public purposes enumerated in section 373.59, F.S.;
(6)&(7) The purchase agreement is for fee simple acquisition
of 54.78 acres, more or less, for $25,970. The mapping indicates
that the entire acquisition parcel is policy lands. The appraised
value of the parcel is $700.00 per acre. A value of $474.08 per
acre has been negotiated by the SFWMD. The cost of maintaining
the Board of Trustees' claims to the ownership is well over $100,000
and exceeds the cost of the acquisition;
Board of Trustees
Agenda - November 18, 1997 Page Two
Item 2, cont.
On November 14, 1991, the Board of Trustees reviewed past SOR
purchases and passed a motion to continue the review process under
the existing policy. This would allow the Board of Trustees to
monitor the magnitude of public dollars being spent on policy
lands, which were at that time being purchased at 99 percent of
appraised value. It was also an opportunity to be kept informed
regarding leaseback arrangements and other private uses of policy
lands. Those concerns identified specifically by motion and approved
by the Board of Trustees at the November 14, 1991, meeting have
been addressed as follows:
(1) The SFWMD instructed the contract appraiser that all of the
54.78 acres are wetlands or policy lands. The agreement to purchase
this tract reflects that the SFWMD is paying 68 percent of the
appraised value.
(2) The option of condemning these properties was not considered.
(3) No leaseback arrangements will occur in the acquisition of
this tract.
(4) N/A - No leaseback arrangements.
(5) N/A - No leaseback arrangements.
Resolution 93-1 was adopted by the Board of Trustees on February
23, 1993, which allowed certain purchases to proceed along the
Kissimmee River without Board of Trustees review. That resolution
applies only to lands within the Kissimmee River/Upper Kissimmee
Basin Restoration Project. Although the subject parcel is located
within the boundaries of an approved SOR project on the Kissimmee
River, it falls outside the restoration project boundaries. Therefore,
the resolution does not apply.
This acquisition, if approved, 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 1-39)
RECOMMEND APPROVAL
Item 3 Sembler Marina Partners, Ltd., Disclaimer
REQUEST: Consideration of an application for a disclaimer
for submerged lands beneath a pier and a fish house encompassing
4,479.72 square feet or 0.1028 acre, more or less.
COUNTY: Indian River
LOCATION: Section 31, Township 30 South, Range 39 East
APPLICANT: Sembler Marina Partners, Ltd.
STAFF REMARKS: The applicant has requested a disclaimer to an area under a pier and fish house 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.
Board of Trustees
Agenda - November 18, 1997 Page Three
Item 3, cont.
An aerial photograph dated February 1943 shows the pier and fish
house in existence. The pier and fish house are still in existence
and are in current use.
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 notice be included
in the disclaimer providing that, if at any time or for any reason,
the lands described herein are no longer bulkheaded or filled-in
or permanently improved, and said lands are no longer being used
or intended to be used for the purposes contemplated by the Butler
Act, Grantor shall have the right to reclaim all right, title
and interest in and to said lands as part of the public trust
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 3, Pages 1 -11)
RECOMMEND APPROVAL
Item 4 Marty L. and Karen C. Lacey/St. Johns
County/Surplus Land Sale
REQUEST: (1) Consideration of bids submitted for a surplus
state land sale; and (2) acceptance of the bid of $30,199 submitted
by Marty L. and Karen C. Lacey.
COUNTY: St. Johns
APPLICANT: Marty L. and Karen C. Lacey
LOCATION: Section 27, Township 08 South, Range 28 East,
St. Johns County. State Lands Inventory Number 55-1020.0, containing
5.25 acres, more or less.
CONSIDERATION: $30,199 to be deposited in the Internal
Improvement Trust Fund.
STAFF REMARKS: The state acquired this parcel through
the Murphy Act (chapter 18296, Laws of Florida, 1937) which provided
for forfeiture to the State of Florida of lands on which delinquent
taxes were outstanding in the form of unredeemed tax certificates.
The tract is a rectangle of land measuring 245 feet by 939 feet
comprising approximately 5.25 acres. Since this parcel exceeds
five acres in size, the competitive bidding process is required
pursuant to section 18-2.020, F.A.C.
The property was appraised by Randy Pacetti, state certified appraiser,
on May 28, 1997, as having an appraised fair market value of $22,500.
The following is a tabulation of the bids received and considered
by the advertised deadline:
OFFER SUBMITTED BY AMOUNT OF BID
Marty L. and Karen C. Lacey $30,199
L. Thomas and Michelle Hopkins $24,100
Board of Trustees
Agenda - November 18, 1997 Page Four
Item 4, cont.
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 4 , Pages 1-19)
RECOMMEND APPROVAL
Item 5
Nicholas P. Klokochar/Belle Meade CARL Project Purchase Agreement
REQUEST: Consideration of a purchase agreement to
acquire 88.10 acres within the Belle Meade CARL project from Nicholas
P. Klokochar, Individually and as Trustee.
COUNTY: Collier
LOCATION: Section 30, Township 50 South, Range 27
East
CONSIDERATION: $190,000
APPRAISED BY
REVIEW Dane APPROVED PURCHASE CLOSING
NO. PARCEL ACRES (11/28/95) VALUE PRICE DATE
719002 Klokochar 88.10 $193,820 $193,820 $190,000 180 days
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 11, 1997, and is eligible for purchase
under the Division of State Lands' Land Acquisition Workplan.
This project contains 19,227 acres, of which 9,876.4 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, 8,622.3 acres or 45
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 certified survey, title insurance policy, environmental site
evaluation and, if necessary, an environmental site assessment,
will be provided by 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,
while providing a large area for recreation in a natural environment
to residents of and visitors to rapidly urbanizing southwest Florida.
Board of Trustees
Agenda - November 18, 1997 Page Five
Item 5, cont.
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 1-6)
RECOMMEND APPROVAL
Item 6 Harvey Bros. Farms, Inc./Belle Meade
CARL Project Option Agreement
REQUEST: Consideration of an option agreement to
acquire 640.2 acres within the Belle Meade CARL project from Harvey
Bros. Farms, Inc.; and (2) a request for survey waiver.
COUNTY: Collier
LOCATION: Section 09, Township 50 South, Range 27
East
CONSIDERATION: $1,152,000
APPRAISED BY
REVIEW Catlett Dane APPROVED PURCHASE OPTION
NO. PARCEL ACRES (09/05/95) (09/22/95) VALUE PRICE DATE
719003 Harvey Bros. 640.2
$1,280,000 $1,152,400 $1,280,000 $1,152,000 01/31/98
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 11, 1997, and is eligible for purchase
under the Division of State Lands' Land Acquisition Workplan.
This project contains 19,227 acres, of which 9,876.4 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, 8,622.3 acres or 45
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 of survey for 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 parcel to be
acquired meets all of the following conditions:
Board of Trustees
Agenda - November 18, 1997 Page Six
Item 6, 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 the 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 evaluation and, if necessary, 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, 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 6, Pages 1-31)
RECOMMEND APPROVAL
Item 7 Grace and Vincent Fagnani/North Peninsula
Division of Recreation and Parks' Additions and Inholdings Project
Option Agreement
REQUEST:
Consideration of an option agreement to acquire 0.6 acre within
the North Peninsula Division of Recreation and Parks' Additions
and Inholdings project from Grace and Vincent Fagnani.
COUNTY:
Volusia
LOCATION:
Section 09, Township 13 South, Range 32 East
CONSIDERATION:
$12,000
APPRAISED BY
REVIEW Rogers APPROVED PURCHASE OPTION
NO. PARCEL ACRES (04/01/97) VALUE PRICE DATE
719001 Fagnani/24 0.6 $18,900 $18,900 $12,000 180 days after
BOT approval
STAFF REMARKS: The North Peninsula project has been identified on the Division of Recreation and Parks' Additions and Inholdings List. This agreement was negotiated by the Board of Trustees
Agenda - November 18, 1997 Page Seven
Item 7, cont.
Division of State Lands on behalf of
the Division of Recreation and Parks under the State Parks' Additions
and Inholdings Preservation 2000 program.
All mortgages and liens will be satisfied
at the time of closing. In the event the commitment for
title insurance, to be obtained prior to closing, reveals any
other encumbrances which may affect the value of the property
or the proposed management of the property, staff will so advise
the Board of Trustees prior to closing.
A certified survey, environmental site
evaluation and, if necessary, environmental site assessment
will be provided by purchaser prior to closing.
The property will be managed by the
Division of Recreation and Parks as an addition to the North Peninsula
State 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 1-24)
RECOMMEND
APPROVAL
Item 8
Emma Concannon/Charlotte Harbor CARL Project Option Agreement/
Survey Waiver
REQUEST:
Consideration of (1) an option agreement to acquire 36 acres within
the Charlotte Harbor CARL project from Emma Concannon; and (2)
a request for survey waiver.
COUNTY:
Charlotte
LOCATION:
Section 30, Township 41 South, Range 23 East
CONSIDERATION:
$32,400
APPRAISED BY
REVIEW Norris APPROVED PURCHASE OPTION
NO. PARCEL ACRES (03/21/97) VALUE PRICE DATE
719004 Concannon/24 36 $32,400 $32,400 $32,400 185 days
after BOT
approval
STAFF REMARKS:
The Charlotte Harbor CARL project is ranked number 3 on the CARL
Substantially Complete Project List approved by the Board of Trustees
on February 11, 1997, and is eligible for negotiation under the
Division of State Lands' Land Acquisition Workplan. The Charlotte
Harbor project contains 25,552 acres, of which 22,114.59 acres
have been acquired or are under agreement to be acquired. After
the Board of Trustees approves this agreement, 3,401.41 acres
or 13 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.
Board of Trustees
Agenda - November 18, 1997 Page Eight
Item 8, cont.
A waiver of the requirement for a survey
of the Concannon parcel is requested pursuant to section 18-1.005,
F.A.C., because in the opinion of the Bureau of Survey and Mapping,
the Concannon parcel meets all the following conditions:
While a waiver of survey is recommended
at this time, should a field inspection or 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.
A title insurance policy, an environmental
site evaluation and, if necessary, an environmental site assessment
will be provided by the purchaser prior to closing.
Charlotte Harbor, one of the largest
and most productive estuaries in Florida, supports an important
recreational and commercial fishery, but is rapidly being surrounded
by cities and residential developments, which could harm this
important resource. By conserving mangrove swamps and salt marshes,
the Charlotte Harbor project will help preserve the water quality
of the estuary, protect habitat for the Florida manatee and other
rare wildlife, and provide residents and visitors to the area
with opportunities for boating, fishing, and other recreational
pursuits.
This property will be managed by the
Division of Marine Resources as an addition to the Charlotte Harbor
State Buffer Preserve.
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- 27)
RECOMMEND
APPROVAL
Item 9
Marie D. Francolino/Wekiva-Ocala Greenway CARL Project Option
Agreement
REQUEST:
Consideration of an option agreement to acquire ten acres within
the Wekiva-Ocala Greenway CARL project from Marie D. Francolino.
COUNTY:
Lake
LOCATION: Sections 38 and 17, Township 17 South, Range 29 East
Board of Trustees
Agenda - November 18, 1997 Page Nine
Item 9, cont.
CONSIDERATION:
$10,000
APPRAISED BY
REVIEW Hupp APPROVED PURCHASE OPTION
NO. PARCEL ACRES (08/31/95) VALUE PRICE DATE
719005 Francolino\7 10 $10,000 $10,000 $10,000 185 days
after BOT
approval
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 11, 1997, and is eligible for negotiation under the
Division of State Lands' Land Acquisition Workplan. The project
contains 67,269 acres, of which 27,546 acres have been acquired
or are under agreement to be acquired. After the Board of Trustees
approves this agreement, 39,713 acres or 59 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 certified survey, environmental site
evaluation and, if necessary, an environmental site assessment
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.
This property will be managed by the
Division of Recreation and Parks as a state preserve.
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 1-20)
RECOMMEND
APPROVAL
Item 10
Grant P. and Sheryle T. Williams/South Savannas CARL Project Option
Agreement
REQUEST:
Consideration of an option agreement to acquire five acres within
the South Savannas CARL project from Grant P. Williams and Sheryle
T. Williams.
COUNTY:
St. Lucie
LOCATION: Section 14, Township 36 South, Range 40 East
Board of Trustees
Agenda - November 18, 1997 Page Ten
Item 10, cont.
CONSIDERATION:
$47,500
APPRAISED BY
REVIEW Gray APPROVED PURCHASE OPTION
NO. PARCEL ACRES (02/08/95) VALUE PRICE DATE
719006 Williams/041 5.00 $50,000 $50,000 $47,500 180 Days
after BOT
approval
STAFF REMARKS:
The South Savannas CARL project is ranked number 5 on the CARL
Substantially Complete Project List approved by the Board of Trustees
on February 11, 1997, and is eligible for negotiation under the
Division of State Lands' Land Acquisition Workplan. The project
contains 6,046 acres, of which 4,857 acres have been acquired
or are under agreement to be acquired. After the Board of Trustees
approves this agreement, 1,184 acres or 20 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 certified survey, title insurance
policy, environmental site evaluation and, if necessary, environmental
site assessment will be provided by the purchaser prior to closing.
Around Fort Pierce a chain of marshes and lakes separating inland
pine flatwoods from the coastal scrub on the high Atlantic Ridge
has survived the rapid development of St. Lucie and Martin counties
like a visitor from another time. The South Savannas project
will conserve these coastal freshwater marshes and the nearby
flatwoods and scrub so that the wildlife and plants of this area,
some extremely rare, will continue to survive and the public can
learn about and enjoy this scenic remnant of the original southeast
Florida.
The property will be managed by the
Division of Recreation and Parks as part of the Savannas State
Reserve.
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- 13)
RECOMMEND
APPROVAL
Item 11
Jackie Sloan, as Receiver of the Rehoboth Bay Development Company/Rookery
Bay CARL Project Option Agreement
REQUEST:
Consideration of an option agreement to acquire 4.73 acres within
the Rookery Bay CARL project from Jackie Sloan, as Receiver of
the Rehoboth Bay Development Company.
COUNTY:
Collier
LOCATION:
Section 14, Township 51 South, Range 25 East
Board of Trustees
Agenda - November 18, 1997 Page Eleven
Item 11, cont.
CONSIDERATION:
$160,740
APPRAISED BY
REVIEW Dane APPROVED PURCHASE OPTION
NO. PARCEL ACRES (03/ 06/ 97) VALUE PRICE DATE
719007 Sloan\17 4.73 $178,600 $178,600 $160,740 180 days
after BOT
approval
STAFF REMARKS:
The Rookery Bay CARL project is ranked number 16 on the CARL
Priority Project List approved by the Board of Trustees on February
11, 1997, and is eligible for negotiation under the Division of
State Lands' Land Acquisition Workplan. The project contains
13,482 acres, of which 11,185.37 acres have been acquired or are
under agreement to be acquired. After the Board of Trustees approves
this agreement, 2,291.9 acres or 17 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 certified survey, environmental site
evaluation and, if necessary, an environmental site assessment
will be provided by the purchaser prior to closing.
Rookery Bay is an outstanding subtropical
estuary in the fastest growing part of Florida. Its mangroves
shelter important nesting colonies of water birds, and feed and
protect many aquatic animals. These animals, in turn, are the
foundation of commercial and recreational fisheries. The Rookery
Bay CARL project will protect the bay's water quality and its
native plants and animals and will provide recreational opportunities
to the people of southwest Florida. As an addition to the Rookery
Bay National Estuarine Research Reserve, the project will also
further coastal ecosystem research and environmental education.
This property will be managed by the
Division of Marine Resources as part of the Rookery Bay National
Estuarine Research Reserve.
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- 38)
RECOMMEND
APPROVAL
Item 12 Cayo Costa Island CARL Project Option
Agreements/Survey Waivers
REQUEST: Consideration of (1) two option agreements
to acquire approximately 20.89 acres within the Cayo Costa Island
CARL project from Bishop John J. Nevins; and (2) a request for
survey waivers.
COUNTY: Lee
LOCATION: Section 12, Township 44 South, Range 20 East; and Sections 07 and 18, Township 44 South, Range 21 East
Board of Trustees
Agenda - November 18, 1997 Page Twelve
Item 12, cont.
CONSIDERATION: $325,400
APPRAISED BY
REVIEW (Bowen) APPROVED PURCHASE OPTION
NO. OWNER ACRES (09/29/94) VALUE PRICE DATE
719008 Nevins 15.60 $236,000 $236,000 $200,600 180 days after
719009 Nevins 5.29 $146,800 $146,800 $124,800 BOT approval
20.89 $382,800 $325,400
STAFF REMARKS: The Cayo Costa Island CARL project
is ranked number 6 on the CARL Mega-Multiparcel Project List approved
by the Board of Trustees on February 11, 1997, and is eligible
for negotiation under the Division of State Lands' Land Acquisition
Workplan. This project contains 1,932 acres, of which 1,717.47
acres have been acquired or are under agreement to be acquired.
After the Board of Trustees approves this agreement, 193.64 acres
or 10 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 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.
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 parcels to be
acquired meet all of the following conditions:
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 the parcels,
certified surveys will be provided by the purchaser prior to closing.
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 properties.
Title insurance policies, environmental site evaluations and,
if necessary, environmental site assessments will be provided
by purchaser prior to closing with seller reimbursing purchaser's
title insurance costs. A mass environmental site assessment was
performed on this project and no contaminants were discovered.
Prior to closing, the managing agency will perform site inspections
and, as in prior purchases in this project, unless contaminants
are found, site specific environmental site assessments will not
be performed.
A chain of sandy barrier islands, including Cayo Costa North Captiva
protects the entrance to Charlotte Harbor, one of the largest
and most productive estuaries in Florida. The Cayo Costa Island
project will protect the beaches, dunes and hammocks of these
islands--the largest barrier islands in natural condition in southwest
Florida--while giving the residents and tourists a beautiful natural
shore to enjoy for years to come.
These properties will be managed by the Division of Recreation and Parks as part of Cayo Costa State Park.
Board of Trustees
Agenda - November 18, 1997 Page Thirteen
Item 12, 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 12, Pages 1- 31)
RECOMMEND APPROVAL
Item 13 DOA/Encumbrance of State-Owned Land When
Required for Receipt of Federal Grant Money
REQUEST: Consideration of a request to delegate authority
to the Secretary of the Department of Environmental Protection
to authorize the encumbrance of state-owned land under certain
conditions when required as a condition of the receipt of federal
grant money.
COUNTY: Statewide
APPLICANT: Department of Environmental Protection
STAFF REMARKS: An issue has come up regarding the pledging
of Board of Trustees' land as matches for grant money. It has
been past practice to put up Board of Trustees' land for this
purpose without review by the Board of Trustees to determine future
management impacts. For example, grants have been awarded or
are in the process of being awarded under the Coastal Wetlands
Conservation Act using Board of Trustees' land as the state match.
Staff has concerns that encumbering this land with restrictions
could ultimately result in limitations on the future use of the
property or, in the rare case, loss of title. This is of particular
concern where the property in question was purchased with bond
proceeds. Heretofore, no review has been done by the Board of
Trustees comparing the conditions imposed by the grant programs
with the purposes for which the land is being held.
When land is purchased using federal grant dollars and/or when
state land is used as a match for federal grant dollars, the federal
government requires that the land acquired or pledged as a match
be used only for the purposes specified in the grant agreement.
Those requirements preclude the grantee from altering the use
of those lands or from disposing of or encumbering them without
the concurrence of the granting agency.
In certain situations, the federal grant conditions that are imposed
may or may not be consistent with the program needs that were
established when the lands were originally selected for acquisition.
However, under the federal grant restrictions, the Board of Trustees
could not later convert the land by changing its use or selling
it without first obtaining the federal agency's approval. As
a condition of the federal agency's approval, the Board of Trustees
could be required either to repay the federal agency for its proportionate
share of the fair market value of the converted land or to replace
the land with a comparable tract.
Staff believes that it is not appropriate for property managers to be able to burden Board of Trustees' land with permanent encumbrances without a prior review by the land owner. It is
important to establish some review process to ensure that it is the Board of Trustees that decides if the benefit of receiving grant funds justifies the future limitations on its decision making authority. Staff recommends that the Board of Trustees delegate to the Secretary of the Department of Environmental Protection the authority to authorize the encumbrance of state-owned land when required as a condition of receiving federal grant money if:
Board of Trustees
Agenda - November 18, 1997 Page Fourteen
Item 13, cont.
1. Any conditions imposed are consistent with the purposes for
which the property was acquired or will be acquired.
2. Any conditions imposed are compatible with any conditions
imposed because of the particular bond program under which the
land was acquired.
3. Any conditions imposed do not limit the managing agency's
ability to carry out its management duties as outlined in the
approved management plan during the time those conditions survive.
4. The managing agency (state, county or local) provides assurances
that no conversion in the use of the encumbered property will
occur without the concurrence of the Board of Trustees.
5. The acceptance of the grant would encumber only parcels carefully
identified and would not encumber more property than is minimally
necessary.
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 enactment of this delegation is
not subject to the local government planning process.
(See Attachment 13, Pages 1-9)
RECOMMEND APPROVAL
Item 14 Southwest Florida Water Management District/Terra
Ceia CARL Project Acquisition
DEFERRED FROM THE NOVEMBER 4, 1997 AGENDA
REQUEST: Authority to enter into an acquisition agreement
with Southwest Florida Water Management District for the Terra
Ceia CARL project.
COUNTY: Manatee
LOCATION: Sections 12, 13, 22 through 24, 27 and 28, Township
33 South, Range 17 East; Sections 07 and 18, Township 33 South,
Range 18 East; and Sections 32 and 33, Township 34 South, Range
17 East
STAFF REMARKS: The Terra Ceia CARL project is ranked number
13 on the CARL Bargain/Shared Project List approved by the Board
of Trustees on February 11, 1997, and is funded under the Division
of State Lands' Land Acquisition Workplan. The proposed agreement
covers 2,612 acres, more or less, of the project owned by multiple
owners.
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. Department of Environmental Protection (DEP) staff has prepared an agreement that would allow the District to acquire the Terra Ceia CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S. 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.
Board of Trustees
Agenda - November 18, 1997 Page Fifteen
Item 14, cont.
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, DEP 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 will provide DEP's
Division of State Lands with a board resolution requesting reimbursement
of the Trustees' share of the purchase price. DEP staff will
seek approval 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 and certain closing
costs being reimbursed even if the District is unsuccessful in
acquiring any property. The agreement authorizes DEP staff to
reimburse these costs from CARL incidental expense funds previously
released by the Board of Trustees. If the Board of Trustees approves
a specific purchase, 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 Terra Ceia CARL project will be managed by the DEP's Division
of Marine Resources as a preserve.
This acquisition is consistent with section 187.201(10), F.S.,
the Natural Systems and Recreational Lands section of the State
Comprehensive Plan.
(See Attachement 14, Pages 1-10)
RECOMMEND APPROVAL