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Cabinet
Affairs |
AGENDA
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
MAY 28, 1998
Item 1 Minutes
Submittal of the minutes of the April 14, 1998 Cabinet meeting.
RECOMMEND ACCEPTANCE
Item 2 The Nature Conservancy, Inc./Doebbler Assignment of
Option Agreement/ Lake Wales Ridge Ecosystem (Lake Walk-In-The-Water) CARL Project
REQUEST:
Consideration of the acceptance of an assignment of an option agreement to acquire
38.52 acres within the Lake Wales Ridge Ecosystem (Lake Walk-In-The-Water) CARL
project from The Nature Conservancy, Inc.
COUNTY:
Polk
LOCATION:
Section 05, Township 31 South, Range 29 East
CONSIDERATION:
$65,920 ($64,000 for the acquisition; $1,920 for the purchase of the option
agreement)
APPRAISED BY
REVIEW String APPROVED PURCHASE OPTION
NO. PARCEL ACRES (10/02/97) VALUE PRICE DATE
809001 Doebbler/14 38.52 $81,000 $81,000 $64,000 180 days
after BOT
approval
STAFF REMARKS:
The Lake Wales Ridge Ecosystem CARL project is ranked number 1 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. This project contains 40,739 acres, of which 1,250 acres have been
acquired by Southwest Florida Water Management District and 13,662.91 acres
have been acquired or are under agreement to be acquired by the Board of Trustees.
After the Board of Trustees approves this agreement, 25,787.57 acres or 63 percent
of the project will remain to be acquired.
Pursuant to a multi-party acquisition agreement
entered into between the Division of State Lands (DSL) and The Nature Conservancy,
Inc. (TNC), TNC has acquired an option to purchase this 38.52-acre parcel from
Thelma Yvonne (Kustoff) Doebbler. After this acquisition is approved, the Board
of Trustees will acquire the option from TNC for $1,920, which represents agreed
upon compensation to TNC for overhead associated with acquiring the option.
The Board of Trustees may then exercise the option and purchase the property.
The assignment of option agreement provides that payment to TNC is contingent
upon the Board of Trustees 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 DSL approved value of the property.
All mortgages and liens will be satisfied at the time of closing. Preliminary title information has revealed that this entire 38.52-acre parcel is encumbered by an outstanding phosphate mineral interest in favor of the United States of America. The Bureau of Geology has determined that there are no economical deposits of phosphate minerals in the vicinity of the property. The Bureau of Appraisal has determined that the outstanding interest does not affect the market value of the property. The property owner is aware of the outstanding interest and is unwilling to pursue its release. Based on the current conditions, staff recommends acquiring the property subject to this outstanding interest. However, should the outstanding phosphate
Board of Trustees
Agenda - May 28, 1998 Page Two
Item 2, cont.
interest ever become a management concern, staff
would pursue the release of this interest from the Federal Government, utilizing
incidental funds set aside for acquisition related expenses. Based on the above
information, the Florida Department of Agriculture and Consumer Services, Division
of Forestry (DOF), the future managing agency, has determined that the property
can be effectively managed subject to the outstanding phosphate mineral interest.
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, a title insurance policy, an
environmental site evaluation and, if necessary, an environmental site
assessment will be provided by the purchaser prior
to closing. The seller will reimburse purchaser's title insurance costs.
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 Ecosystem 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.
The property will be managed by the DOF as a unit
of the Lake Wales Ridge 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 1-42)
RECOMMEND APPROVAL
Item 3 Howard R. Bernstein Option Agreement/Archie Carr Sea
Turtle Refuge CARL Project
REQUEST:
Consideration of an option agreement to acquire 1.08 acres within the Archie
Carr Sea Turtle Refuge CARL project from Howard R. Bernstein.
COUNTY:
Brevard
LOCATION:
Section 07, Township 30 South, Range 39 East
CONSIDERATION:
$230,000
APPRAISED BY
REVIEW Benson APPROVED PURCHASE OPTION
NO. PARCEL ACRES (07/19/96) VALUE PRICE DATE
809003 Bernstein 1.08 $250,000 $250,000 $230,000 180 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 11, 1997, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan.
Board of Trustees
Agenda - May 28, 1998 Page Three
Item 3, cont.
The project contains 1,018 acres, of which 498.64
acres have been acquired or are under agreement to be acquired. After the Board
of Trustees approves this agreement, 518.28 acres or 51 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 title insurance policy, certified survey, environmental
site evaluation and, if necessary, an environmental site assessment
will be provided by the purchaser prior to closing. The seller will reimburse
the purchaser's title insurance costs.
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 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. For
thousands of years, these sea turtles have returned each year to these beaches
to lay their eggs and continue the species. The Archie Carr Sea Turtle Refuge
CARL project is designed to help protect the habitat and assure the continued
survival of these endangered sea turtles.
This property will be managed by the United States
Fish & Wildlife Service as part of the Archie Carr National Wildlife Refuge.
This acquisition is consistent with section 187.201
(10), F.S., the Natural Systems and Recreational Lands section of the State
Comprehensive Plan.
(See Attachment 3, Pages 1-21)
RECOMMEND
APPROVAL
Item 4 Capetillo/Madachy Purchase Agreements/Coupon Bight/Key
Deer CARL Project
REQUEST: Consideration of two purchase agreements to acquire 0.718
acre within the Coupon Bight/Key Deer CARL project from Juan F. Capetillo and
Frank and Eleanor Madachy.
COUNTY: Monroe
LOCATION: Section 04, Township 66 South, Range 29 East
CONSIDERATION: $120,000
REVIEW NO. |
PARCEL |
ACRES |
APPRAISED BY Marr
(11/17/97) |
APPROVED VALUE |
PURCHASE PRICE |
CLOSING DATE |
| Capetillo / 5212 | 0.120 | $20,000 | $20,000 | 6 months | ||
| Capetillo / 5213 | 0.120 | $20,000 | $20,000 | after | ||
| 809004 | Capetillo / 5265 | 0.142 | $20,000 | $20,000 | $60,000 | BOT |
| Madachy / 5374 | 0.168 | $30,000 | $30,000 | approval | ||
| 809005 | Madachy / 5375 | 0.168 | $30,000 | $30,000 | $60,000 | |
| 0.718 | $120,000 | $120,000 |
Board of Trustees
Agenda - May 28, 1998 Page Four
Item 4, cont.
STAFF REMARKS: The Coupon Bight/Key Deer CARL project is ranked number
2 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 1,827 acres,
of which 476.77 acres have been acquired or are under agreement to be acquired.
After the Board of Trustees approves this agreement, 1,349.51 acres or 74 percent
of the project will remain to be acquired.
On March 12, 1996, the Board of Trustees exercised its authority under section
259.041(1), F.S., to waive the normal appraisal procedures and to substitute
other reasonably prudent procedures. This enabled the Division of State Lands
to utilize approved appraised values that were based on land use regulations
in effect as of January 1, 1996, in Monroe County and Big Pine Key, Florida.
All mortgages and liens will be satisfied at the time of closing. In
the event the 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 title insurance policies will be provided and environmental
site assessments may be provided by the purchaser prior to closing. 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, a site specific
environmental site assessment will not be performed.
The subtropical pine forests of rapidly developing Big Pine Key and the islands
around it are the home of the endangered Key deer as well as of many Caribbean
plants found nowhere else in the country. Rich coral reefs and other hardbottom
communities flourish in the shallow water around the islands. The Coupon Bight/Key
Deer CARL project will protect the remaining undeveloped land on Big Pine and
No Name Keys, without which, the Key deer will not survive; protect the water
quality of the Coupon Bight Aquatic Preserve and the other waters surrounding
the islands; and provide the public an area to appreciate the unique natural
world of this part of Florida.
These properties will be managed by the U.S. Fish and Wildlife Service as
a part of the National Key Deer Refuge.
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 4, Pages 1-8)
RECOMMEND APPROVAL
Item 5 Four Option Agreements/Survey Waivers/South Savannas
CARL Project
REQUEST:
Consideration of four option agreements to acquire five acres within the South
Savannas CARL project from four separate owners; and (2) a request for survey
waivers.
COUNTY:
St. Lucie
LOCATION: Section 24, Township 36 South, Range 40 East
Board of Trustees
Agenda - May 28, 1998 Page Five
Item 5, cont.
CONSIDERATION:
$27,000
APPRAISED BY
REVIEW Gray APPROVED PURCHASE OPTION
NO. PARCEL ACRES (08/24/94) VALUE PRICE DATE
809006 Williamson/215 1.25 $ 6,500 $ 6,500 $ 6,500 180 Days
809007 Hurst/Mignogna/232 1.25 $ 7,500 $ 7,500 $ 7,500 after BOT
809008 Ernstmeyer/Wittig/250 1.25 $ 6,500 $ 6,500 $ 6,500 approval
809009 Reynolds/267 1.25 $ 6,500 $ 6,500 $ 6,500
5.00 $27,000 $27,000
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 4,862 acres have been acquired
or are under agreement to be acquired. After the Board of Trustees approves
these agreements, 1,179 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 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 surveys of these parcels is being requested
pursuant to section 181.005, 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 the event full surveys are waived,
a professional land surveyor will inspect the properties 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.
Title insurance policies, environmental site evaluations
and, if necessary, environmental site assessments 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. The South Savannas CARL 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 properties will be managed by the Division of Recreation and Parks as part of the Savannas State Reserve.
Board of Trustees
Agenda - May 28, 1998 Page Six
Item 5, 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 5, Pages 1-16)
RECOMMEND
APPROVAL
Item 6 Alachua Conservation Trust, Inc./Thomas/Spaulding
Assignment of Option Agreements/Paynes Prairie Project
REQUEST:
Consideration of (1) the acceptance of two assignment of option agreements to
acquire 15.3 acres within the Paynes Prairie Division of Recreation and Parks'
Additions and Inholdings project from Alachua Conservation Trust, Inc.; and
(2) a request to waive the marketability of title
requirement of section 259.041(6), F.S., for the purchase of the property with
a tax deed in the title history.
COUNTY:
Alachua
LOCATION:
Section 19, Township 10 South, Range 21 East; and Section 24, Township 10 South,
Range 20 East
CONSIDERATION:
$49,530 ($47,625 for the acquisitions; $1,905 for the purchase of the option
agreements)
APPRAISED BY
REVIEW Candler APPROVED PURCHASE OPTION
NO. PARCEL ACRES (06/07/96) VALUE PRICE DATE
809010 Thomas/42 7.90 $26,500 $26,500 $21,725 180 days
Spaulding/44 7.40 $33,500 $33,500 $25,900 after BOT
15.30 $60,000 $47,625 approval
STAFF REMARKS:
The Paynes Prairie project has been identified on the Division of Recreation
and Parks' Additions and Inholdings List. This agreement was negotiated by the
Division of State Lands on behalf of the Division of Recreation and Parks under
the State Parks Additions and Inholdings Preservation 2000 program. The project
contains 3,495 acres, of which 231 acres have been acquired or are under agreement
to be acquired. After the Board of Trustees approves these agreements, 3,248.7
acres or 93 percent of the project will remain to be acquired.
Pursuant to a multi-party acquisition agreement
entered into between the Division of State Lands (DSL) and Alachua Conservation
Trust, Inc., (ACT), ACT has acquired option agreements to purchase these properties
from Phillip A. Thomas and Dorsey L. Spaulding, Trustee. After these acquisitions
are approved, the Board of Trustees will acquire the options from ACT for $1,905,
which represents agreed upon compensation to ACT for overhead 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 ACT 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 DSL approved value of the properties.
All mortgages and liens will be satisfied at the time of closing. Preliminary title work received on Parcel 42 indicates that the property has a tax deed less than four years old in the chain of title. Board of Trustees
Agenda - May 28, 1998 Page Seven
Item 6, cont.
The title policy to be issued will contain exceptions for the rights of prior
owners, mortgage holders and lien holders as to the property, based upon the
existence of a tax deed in the chain of title. 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 DSL has acquired several thousand properties
at tax deed sales or with tax deeds in the chain of title and the Board of Trustees
has not lost any property acquired with a tax deed in the chain of title. The
property was acquired via tax deed by a predecessor in title on August 9, 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. 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, title insurance policies, environmental
site evaluations and, if necessary, environmental site assessments will be provided
by the purchaser prior to closing. The sellers shall reimburse the purchaser's
title insurance costs.
These properties will be managed by the Division
of Recreation and Parks as an addition to the Paynes Prairie State Preserve.
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 1-37)
RECOMMEND APPROVAL
Item 7
Florida Public Utilities Company/Manor Option Agreements/Chipola River Greenway
Greenways and Trails Project
REQUEST:
Consideration of two option agreements to acquire 253.6 acres within the Chipola
River Greenway under the Preservation 2000 Florida Greenways and Trails program
from Florida Public Utilities Company and John W. and June G. Manor.
APPLICANT: Office
of Greenways and Trails
COUNTY:
Jackson
LOCATION:
Sections 02 and 03, Township 04 North, Range 10 West; and Section 34, Township
05 North, Range 10 West
CONSIDERATION:
$373,000
APPRAISED BY
REVIEW Griffith APPROVED PURCHASE OPTION
NO. PARCEL ACRES (11/13/97) VALUE PRICE DATE
809011 FPU/10&11 150.5 $173,000 $173,000 $155,000 180 Days
809012 Manor/13 103.1 $218,000 $218,000 $218,000 after BOT
253.6 $391,000 $373,000 approval Board of Trustees
Agenda - May 28, 1998 Page Eight
Item 7, cont.
STAFF REMARKS:
The Chipola River Greenway project is identified on the Florida Greenways and
Trails program approved acquisition list. These agreements were negotiated by
the Division of State Lands on behalf of the Office of Greenways and Trails
under the Preservation 2000 Florida Greenways and Trails program. The project
contains 606.4 acres, of which 177.5 acres have been acquired or are under agreement
to be acquired. After the Board of Trustees approves these agreements, 175.3
acres or 29 percent of the project will remain to be acquired.
The Manor parcel is improved with a 3,053 square-foot,
concrete block meeting facility and a 7,310 square-foot, wood frame horse stable.
The appraiser estimated the contributory value of the improvements to be $88,822.
Jackson County, the managing agency, is willing to manage the property with
the improvements, which will ultimately be used as a trailhead office and an
equestrian support base.
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, title insurance policies, environmental
site evaluations and, if necessary, environmental site assessments
will be provided by the purchaser prior to closing.
These acquisitions will provide public access to
the Chipola River for such recreational activities as paddling and fishing.
Currently there is very little publicly owned property along the Chipola River.
This project will also provide hiking trails and wildlife observation and could
eventually connect to Florida Caverns State Park.
These properties will be managed by Jackson County
and the City of Marianna as a recreational greenway.
These acquisitions are consistent with section
260.015, F.S., and section 187.201(10), F.S., the Natural Systems and Recreational
Lands section of the State Comprehensive Plan.
(See Attachment 7, Pages 1-43)
RECOMMEND
APPROVAL
Item 8 McLauchlan/Urfer Purchase Agreement/Survey Waiver/Cape
Romano Barrier Island Acquisition Project
REQUEST: Consideration of (1) a purchase agreement to acquire
0.95 acre within the Cape Romano Barrier Island Acquisition project from Barbara
F. McLauchlan and Nancy F. Urfer; and (2) a request for survey waiver.
COUNTY: Collier
LOCATION: Section 11, Township 53 South, Range 26 East
CONSIDERATION: $8,900
Board of Trustees
Agenda - May 28, 1998 Page Nine
Item 8, cont.
APPRAISED BY
REVIEW Miller APPROVED PURCHASE CLOSING
NO. PARCEL ACRES (10/05/97) VALUE PRICE DATE
809002 #30 0.95 $8,900 $8,900 $8,900 180 days
after BOT
approval
STAFF REMARKS: The Cape Romano Barrier Island Acquisition project
is funded through the United States Fish and Wildlife Services National Wetlands
Conservation Grant Program. Use of state-owned lands as match for the project
was approved by the Board of Trustees on January 21, 1998. This project contains
992.25 acres, of which 790 acres have been acquired or are under agreement to
be acquired. After the Board of Trustees approves this agreement, 201.3
acres or 20 percent of the project will remain to be acquired.
The entire property is subject to outstanding oil, gas and mineral interests
in favor of Mary E. Sweeting and William D. Hixon, Trustee. Staff recommends
acquiring the property subject to the outstanding interests. The Bureau of Geology
determined that the sediment with the greatest potential for development is
sand. The Bureau of Appraisal has indicated that the outstanding interests do
not affect the market value of the property. Rookery Bay National Estuarine
Research Reserve, the future managing agency, has determined that the property
can be effectively managed subject to the outstanding oil, gas and mineral interests.
All mortgages and liens will be satisfied at the time of closing. In
the event the commitment for title insurance, to be obtained prior to closing,
reveals any other encumbrances which may affect the value of the property or
the proposed management of the property, staff will so advise the Board of Trustees
prior to closing.
A 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 parcel to be acquired meets all of the following
conditions:
While this parcel is being recommended for a waiver of survey at this time,
should the title commitment and field inspection reveal a substantive surveying
or surveying related issue which impacts the parcel, a certified survey will
be provided by the purchaser prior to closing.
The purchaser will absorb all acquisition costs, which may include title commitment,
survey, environmental site assessment and recording and documentary stamps,
by either paying directly or reimbursement.
The Cape Romano complex consists of a series of unabridged, undeveloped islands, which form the southern end of the 37-mile stretch of beaches and barrier islands in Collier County. These beaches serve as critical nesting habitat for the endangered Atlantic loggerhead sea turtle, least tern and black skimmer. Most of the islands are fringed by mangroves and have intertidal seagrass beds, alga beds and oyster reefs. These habitats serve as nursery areas for larval and juvenile finfish and shellfish, many of commercial and recreational importance, and
Board of Trustees
Agenda - May 28, 1998 Page Ten
Item 8, cont.
also provide forage for manatees, sea turtles, a variety of shorebirds and
larger fish. Public acquisition of the lands will help ensure long-term preservation
of pristine coastal resources that can be utilized by listed species, as well
as for research and public 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 8, Pages 1-24)
RECOMMEND APPROVAL
Item 9 Rotenberger/Seminole Indian Lands CARL Project Acquisition
Procedures/Delegation
REQUEST: Consideration of a request within the Rotenberger/Seminole
Indian Lands CARL project to (1) authorize the Director of the Division of State
Lands, Department of Environmental Protection, or his designee, to extend offers
and approve any contract for the sale and purchase of land pursuant to section
259.041(1), F.S.,: (a) at 125 percent of or $500.00 over the appraised value,
whichever is greater, when the purchase price per parcel does not exceed $50,000;
and (b) at up to the appraised value when the purchase price per parcel exceeds
$50,000; (2) waive the confidentiality requirement contained in section 259.041(7)(e),
F.S., for parcels with appraised values that do not exceed $50,000; (3) waive
the survey for those parcels which meet specific criteria recommended by the
Bureau of Survey and Mapping; and (4) waive the requirement of marketable title
on a case specific basis for those parcels which meet specific criteria as recommended
by the Division of State Lands.
COUNTY: Palm Beach
STAFF REMARKS: The Rotenberger/Seminole Indian Lands CARL project is
ranked number 7 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' (DSL) Land Acquisition Workplan. This project contains
79,170 acres, of which 76,835 acres have been acquired or are under agreement
to be acquired by the Board of Trustees.
Pursuant to the Everglades Forever Act (EFA), section 373.4592, F.S., the South Florida Water Management District (SFWMD), in partnership with the Department of Environmental Protection (DEP), is required to implement stormwater treatment area 5 of the Everglades Construction Project (ECP). The ECP consists of the construction of six stormwater treatment areas (STAs) designed to treat Everglades Agricultural Area C-51 basin, C-139 basin and Lake Okeechobee runoff before discharge to the Everglades Protection Area. Section 373.4592(4)(a), F.S., mandates the acquisition of Rotenberger Tract inholdings and such other lands as may be necessary to achieve a 2:1 mitigation ratio for the use of Brown's Farm and other similar lands for STA construction as part of the ECP. Upon passage of the EFA, the SFWMD and DEP agreed that acquisition of the Rotenberger Tract inholdings would be a responsibility of the DEP. This agreement has been documented annually beginning in September 1994, in the "Everglades Program Implementation Program Management Plan." Board of Trustees
Agenda - May 28, 1998 Page Eleven
Item 9, cont.
The EFA also requires the DEP, as a partner in the ECP, to contribute to the
restoration of the Rotenberger Tract by improving hydroperiod for the area with
treated water from STA 5. According to section 373.4592(4)(a)6, F.S., the SFWMD
must complete construction of STA 5 by January 1999 so that hydrological restoration
can begin. The DEP must acquire those Rotenberger Tract lands needed for construction
of associated canals and the lands within the Rotenberger Tract which will receive
hydropattern restoration benefits no later than November 1998 to ensure full
operational capability by January 1999.
In an effort to meet the timeline for restoration, staff is preparing to resume
negotiations with over 300 owners of small acreage parcels in the project. These
parcels are remaining from acquisition efforts concluded 18 months ago. The
properties have been re-appraised but values have not changed since the last
appraisal. It is highly unlikely that a new round of offers using the same values
will be successful and may not be considered bona fide as required by section
259.041 (13), F.S. Since these parcels must be acquired to allow the restoration
to proceed, staff is seeking authority to offer amounts in excess of the DSL
approved value to improve the chances of reaching agreement on a voluntary basis.
The implementation of a strategy that would allow the offering of amounts in
excess of the appraisal should significantly increase the number of parcels
acquired. While this will increase the cost of acquiring these properties on
a voluntary basis, it hopefully will reduce the overall cost of acquisition
when compared to the potential costs associated with utilizing the Board of
Trustees' power of eminent domain. At this time, staff requests authority to
make offers at 125 percent of or $500 over the DSL approved value, whichever
is greater, and to approve any contract within these limits.
In addition to the 300, more or less, small acreage parcels, there are also
three large acreage tracts left in Rotenberger that staff is attempting to acquire.
One of the prerequisites to the Board of Trustees' voting to direct the DEP
to exercise the power of eminent domain is the requirement that at least two
bona fide offers to purchase land through negotiations must have been made and,
notwithstanding those offers, an impasse between the state and the landowner
was reached. A recent court decision found that offers made "subject to
approval" of the Board of Trustees are not considered bona fide offers.
Since DEP has only been delegated authority to approve contracts that do not
exceed $50,000, each of these contracts would need to be presented to the Board
of Trustees for approval. To meet the bona fide offer requirement, staff is
seeking authority to approve contracts for the purchase of these three parcels
so long as the purchase price does not exceed the DSL approved value.
Ordinarily, contracts in excess of the DSL approved value and contracts in
excess of the $50,000 delegation would be submitted to the Board of Trustees
for approval after they have been signed by the seller. In this instance, in
order to satisfy the bona fide offer requirement, staff is recommending that
the Board of Trustees substitute the alternative procedure of approving the
offers prior to their being made and authorizing the Director to extend such
offers and approve any contract that should result so long as it does not exceed
the indicated amounts. Pursuant to section 259.041(1), F.S., the Board of Trustees
may substitute other reasonably prudent procedures provided the public's interest
is reasonably protected. By seeking Board of Trustees' approval of these offers
prior to their being made, staff believes the public's interest is being reasonably
protected.
In one last effort to encourage the owners of the small acreage parcels to
sell voluntarily, staff would like to be able to share information from the
appraisals with them. To do this requires the Board of Trustees to waive the
confidentiality provision of section 259.041(7)(e), F.S. which can be done as
provided in section 259.041(1), F.S.
The Bureau of Survey and Mapping (BSM) recommends that the Director be authorized to waive the survey when BSM staff determines that the parcel to be acquired meets the following conditions:
Board of Trustees
Agenda - May 28, 1998 Page Twelve
Item 9, cont.
Generally, where these conditions exist, the benefit of a survey is outweighed
by the cost and time involved in obtaining a survey.
Section 259.041(1), F.S., allows the Board of Trustees to waive the requirement
of marketability provided that the public's interest is reasonably protected.
There are many issues that can affect the quality of title, or marketability
of title, such as outstanding oil, gas and mineral interests, tax deeds in the
chain of title, missing heirs, subdivision restrictions and blanket easements.
Occasionally, in preparation for closing, an issue concerning marketability
of title arises that must be brought to the Board of Trustees for waiver of
the requirement for marketable title. These issues have generally been presented
to the Board of Trustees in the form of a negative response memorandum, so as
to not create a delay in closing. This request for delegation of that authority
to the Director, is intended to provide the DEP with the flexibility to waive
the requirement of marketable title on a case specific basis where (1) the contract
purchase price does not exceed $50,000; (2) the DEP has evaluated the issue
and determined that, notwithstanding the issue, the land and appurtenances have
value; (3) the interest in title being acquired is such that the property can
be reasonably managed for its intended purpose and any existing encumbrances
will not significantly affect its management; and (4) the interests of the Board
of Trustees and the public are reasonably protected. DEP staff is requesting
this delegation to waive the requirement of marketability with the goal of expediting
the acquisition and closing process, and reducing the volume of paperwork and
staff time involved in presenting routine issues to the Board of Trustees for
consideration. It is not the intent of this delegation to set policy with respect
to marketability of title for future state acquisitions or to limit the authority
of the DSL, acting as the agent for the Board of Trustees, to reduce the purchase
price of parcels with title defects, provided that such a reduction is contemplated
in the acquisition agreement. On October 24, 1995, the Board of Trustees approved
a request to waive the requirement for marketability of title when the purchase
price was $50,000 or less provided the public's interest was reasonably protected.
(See Attachment 9, Pages 1-2)
RECOMMEND APPROVAL
Item 10 South Florida Water Levels Status Report
REQUEST: Consideration of a presentation on the status of water levels
in South Florida as a result of heavy rains during the dry season.
COUNTIES: Dade, Broward, Palm Beach, Martin, St. Lucie, Okeechobee,
Lee and Collier
STAFF REMARKS: The Central and Southern Florida (C&SF) project is a multipurpose project authorized initially in 1948 to provide flood control, water control, water supply, natural system protection and other services to the area which stretches from Orlando to Florida
Board of Trustees
Agenda - May 28, 1998 Page Thirteen
Item 10, cont.
Bay and the Keys. The project has performed those purposes well. However,
the project was not designed to deliver these benefits fully during extreme
meteorological conditions. During January, February, and March of 1998, massive
unseasonable rainfall drenched Florida. These storms had significant impacts
throughout South Florida.
Initially, water levels rose throughout the Kissimmee Chain of Lakes challenging
the flood control capacity of the C&SF project throughout the region. Subsequently,
water levels in Lake Okeechobee also rose dramatically, impacting the littoral
zone and bird habitat and stressing the structural integrity of the Herbert
Hoover dike, raising significant serious public safety concerns. In addition,
the high water levels created a conflict with the lake operational plan which
is based on a lower level to allow for storage of the anticipated wet season
runoff.
In an effort to lower lake levels, high discharges were made into the St.
Lucie and Caloosahatchee Rivers. Discharges are also made through all the eastern
canals in an effort to lower water levels in the Water Conservation Areas. The
coastal estuaries downstream of the overloaded rivers and canals received excessive
amounts of fresh water and sedimentation, impacting salinity levels, water clarity
and submerged habitats and are believed to have contributed to incidences of
fish kills and lesions. This problem was exacerbated by the development which
has taken place in the region subsequent to the original design of the C&SF
project.
The Water Conservation Areas, which normally receive waters from Lake Okeechobee,
were also at above average water levels, flooding normally dry tree islands,
impacting wading bird and Snail Kite habitat. Every option for reducing water
levels in anticipation of the wet season within the CS&F project which was
reasonably available was utilized except: (1) the operation of the S-12 structures
north of the endangered Cape Sable Seaside Sparrow's nesting habitat in Everglades
National Park; and (2) the operation of the S-333 structure north of residential
homes in the 8.5 square-mile area in Dade County. While operationally viable,
exercise of these options would have had serious legal ramifications. Even without
these restrictions, however, large releases to the estuaries would have been
necessary in the context of the extremely heavy rainfall the state experienced.
The U.S. Army Corps of Engineers, South Florida Water Management District,
U.S. Fish and Wildlife Service, Everglades National Park, and the Department
of Environmental Protection coordinated and executed the immediate emergency
actions necessary to protect the nesting habitat of the Cape Sable Seaside Sparrow
in western Everglades National Park while operating the project to serve all
project purposes. Three sub-populations of the Cape Sable Seaside Sparrow exist
within Everglades National Park and the Big Cypress National Preserve. The western
sub-population is located along the western edge of Shark River Slough.
The existing water management system and its operation combined with consistently high rainfall have created water level conditions that prevented successful nesting in previous nesting seasons. As a result the western sub-population declined from 2,688 birds in 1981 to 272 in 1997. If this year's nesting season failed, it would have very likely been the last for this sub-population according to studies conducted for the U.S. Fish and Wildlife Service and Everglades National Park. The U.S. Fish and Wildlife Service predicted that, if the western sub-population dies off, the entire species is at great risk of extinction. Several emergency actions were taken by the U.S. Army Corps of Engineers and its state and federal partners to protect the nesting area, including modifying the regulation schedules to hold more water in the Water Conservation Areas and to limit discharges from the S-12 structures along Tamiami Trail. As a result of the emergency actions and a dramatic decline in recent weeks of rainfall, Board of Trustees
Agenda - May 28, 1998 Page Fourteen
Item 10, cont.
the sparrows have been successfully nesting. Water levels in the Water Conservation
Areas as well as Lake Okeechobee are falling rapidly.
Several projects are being executed to provide short term fixes which will
reduce the chance of a recurrence of this situation. The C-111 and Modified
Water Deliveries to Everglades National Park projects, which are federally authorized
Corps projects, will contribute to restoration of the quality, quantity, distribution
and timing of water entering Everglades National Park. The C-51 Project will
direct flows through Stormwater Treatment Area 1-E, improving water quality
and increasing detention capabilities in the basin. The Ten Mile Creek Water
Preserve Area is a proposed Critical Project consisting of the acquisition of
1,200 to 2,000 acres of land in the eastern portion of the Ten Mile Creek Basin
and the construction of an above-ground impoundment for stormwater detention.
Also, revised Lake Okeechobee water regulation schedules are under review to
determine whether they can be modified to reduce flood releases. These projects
will reduce excess freshwater discharges to the St. Lucie and Caloosahatchee
estuaries.
The long-term solution to the flooding, ecological and water supply problems
in South Florida is to redesign the C&SF project and a Comprehensive Review
Study (Restudy) is currently underway. The purpose of the Restudy is to re-examine
the C&SF project to determine the feasibility of project modifications needed
to achieve sustainability of South Florida. Specifically, as required by the
authorizing legislation, the study is investigating structural and operational
modifications to the C&SF project needed to improve the quality of the environment,
improve protection of the aquifer, improving the integrity, capability, and
conservation of urban and agricultural water supplies and improving other water-related
purposes. The Department of Environmental Protection, South Florida Water Management
District and other state, federal, and local agencies are represented on the
C&SF Project Restudy Team which is engaged in the development of a preferred
alternative. The principal focus of the Restudy has been to increase water storage
capacity through the C&SF project which will provide greater flexibility.
A presentation on the status of the situation and short-term and long-term
solutions will be provided by the South Florida Water Management District, U.S.
Army Corps of Engineers, Game and Fresh Water Fish Commission, and the Department
of Environmental Protection.
RECOMMEND ACCEPTANCE