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AGENDA BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND APRIL 22,
2003 2nd
Substitute Page ******************************************************* Item 1 DEP
Partnering for Environmental and National Security Status
Report As staff to the Board of
Trustees and in its role as a state regulatory agency, the purpose of this
item is to provide the Governor and Cabinet with a brief status report of
the Department of Environmental Protection's partnering efforts with the
Department of Defense. (See Attachment 1, Pages
1-2) ******************************************************** 2nd Substitute Item 2 Yachting Promotions, Inc.
Recommended Consolidated Intent REQUEST: Consideration of an application
for a five-year Class IV special event, sovereignty submerged lands lease
to preempt approximately 247,725 square feet of sovereignty submerged
lands for a temporary boat show. COUNTY:
Okaloosa Lease
No.
460033321 Application
No. 46-0211714-001-DF APPLICANT: Dane
Graziano Yachting
Promotions, Inc. (d/b/a
Emerald Coast Boat Show)
LOCATION:
Unsectionalized, Township 02 South, Range 23 West, in
Choctawhatchee Bay, Class III Waters, within the local jurisdiction of
Okaloosa County, less than one mile of Brooks Bridge Aquatic
Preserve: No Outstanding
Florida Waters:
No Designated
Manatee County:
No Manatee
Aggregation Area:
No Manatee
Protection Speeding Zone:
No
CONSIDERATION: $3,297.84
representing the initial lease fee computed at the base rate of $0.1278
per square foot, and including the initial 25 percent surcharge
payment. Sales tax will be
assessed pursuant to section 212.031, F.S., if applicable. The special event lease fee may be
adjusted based on five percent of the gross rental income generated over
sovereignty submerged lands, pursuant to section 18-21.011(1)(d) 1, F.A.C.
STAFF REMARKS: In accordance with rules adopted
pursuant to sections 373.427(2) and 253.77(2), F.S., this "Recommended
Consolidated Notice" contains a recommendation for issuance of both the
permit required under part IV of chapter 373, F.S., and the authorization
to use sovereignty submerged lands under chapter 253, F.S. The Board of Trustees is requested
to act on those aspects of the activity, which require authorization to
use sovereignty submerged lands.
If the Board of Trustees approves the request to use sovereignty
submerged lands, and the activity also qualifies for a permit, the
Department of Environmental Protection (DEP) will issue a "Consolidated
Notice of Intent to Issue" that will contain general and specific
conditions. If the Board of
Trustees denies the use of sovereignty submerged lands, whether or not the
activity qualifies for a permit, DEP will issue a "Consolidated Notice of
Denial." The applicant proposes to
construct and subsequently remove floating docks and pilings for the
Emerald Coast Boat Show event scheduled for May 15 through May 18, 2003 on
Okaloosa Island. The 49,376
square feet of temporary, commercial, floating docks will contain 258
slips within 247,725 square feet (5.69 acres), more or less, of
sovereignty submerged lands.
The installation of the structures, the show, and the removal of
the structures is scheduled between May 7 and May 23 but shall, in no
event, exceed 30 days. The
temporary docks will Board of
Trustees Agenda -
April 22, 2003 2nd
Substitute Page Two ********************************************************* 2nd Substitute Item 2,
cont. be utilized as a centralized
public display of vessels to be sold by various brokers. The applicant proposes to
construct the facility, run the sales operation for four days, and
dismantle the facility within a 30-day timeframe. A floating refreshment barge is
also proposed which is standard practice at other special event boat shows
in Florida. As there are two
existing boat ramps at the site, no temporary ramps are proposed. The applicant has satisfied the
financial assurance requirements of section 18-21.0082, F.A.C, for the
removal of the temporary structures following conclusion of the boat
show. The boat brokers and
exhibitors will lease mooring space from the applicant. The applicant is required to
report the gross rental income collected from the special event to the
Division of State Lands as part of the annual certification required for
its lease, pursuant to section 18-21.011(1)(d) 3,
F.A.C. The facility is located in
Choctawhatchee Bay in an area of good flushing, with water depths ranging
from -3 feet mean low water to -18 feet mean low water. Due to the rapid flushing of the
area, no hydrographic study, water quality testing or water quality
monitoring was requested of the applicant. The 258 vessels displayed at
the boat show will range from under 20 feet to 60 feet or more in length
and have drafts ranging from 1.5 feet to 6.6 feet. The site is characterized by a
narrow sand shelf along the shoreline that quickly drops off to depths in
excess of 10 feet. None of
the boats will be moored in depths less than 10 feet at mean low
water. No seagrasses or other
submerged resources are located within the lease area or within several
hundred feet of the proposed lease area. Additionally, no seagrasses are
located in the area used by the boats for ingress or egress to the boat
show. Temporary buoys will
mark the optimum navigational route for vendor ingress and egress to the
docks. Navigation charts will
be provided to all vendors in advance of the show. No sea trials are allowed during
the boat show, which will also eliminate any concerns with destruction of
adjacent seagrass beds, or discharges to adjacent waters from boat bilges
or heads. The applicant will
provide for continuous vessel patrol by law enforcement during the
show. The Florida Marine
Patrol did not object to the project or have any navigational concerns in
a letter received on March 20, 2003. The applicant has proposed a
plan and procedure to protect nearby Class II waters and water
quality. Pilings will consist
of 40-foot steel I beams. The
pilings will anchor floating docks, which are constructed of polystyrene
blocks with wood decking.
These floating docks and steel pilings have been used at other boat
shows and virtually eliminate concerns regarding potential leaching of
hazardous chemicals. All
pilings and floating docks will be removed immediately after conclusion of
the boat show. Best
management practices include the prohibition of discharges of other common
pollutants such as: waste or
new oil, anti-freeze/engine coolants, waste gasoline, diesel, kerosene,
mineral spirits, grease or batteries. The project is located in
Class III Waters, Prohibited for Shellfish Harvesting, however, the
adjacent waters are Class II Waters, Conditionally Approved for Shellfish
Harvesting. The Department of
Agriculture and Consumer Services, Shellfish Environmental Assessment
Section, provided comments in a letter received on March 24, 2003, and
have no objection to the project provided certain conditions are met. Those conditions will be made part
of the permit and relate to the applicant following the exact plan that
was reviewed, as well as, assuring sufficient bathroom facilities and
handling of waste before, during and after the show. No permanent liveaboards are
permitted at the boat show, except for crews of approximately three people
per boat on 20 of the largest boats.
These twenty crews are authorized to remain overnight with their
vessels for safety purposes only.
This is standard practice for all larger boats in the event of any
unexpected concerns and is customary at other special event boat shows in
Florida. The applicant has
provided assurances that these boats have sufficient holding tank capacity
to accommodate overnight use without having to discharge. In addition, only those boats with
Type III marine sanitation devices will be used and either a mobile sewage
pump-out unit or a contracted pump-out company will be made available as
necessary. The smaller boats
and the new boats will not need to have permanent crews stationed on board
the boats during the show or at night. Commercially maintained restroom
facilities will be Board of
Trustees Agenda -
April 22, 2003 2nd
Substitute Page Three ********************************************************* 2nd Substitute Item 2,
cont. provided on the uplands for
boat show attendees and staff.
The applicant will provide a display area for use by various
governmental agencies and the Choctawhatchee Bay Alliance to facilitate
public education on topics relative to the area. DEP's wetland resource permit
requires sewage pumpout facilities, authorizes 20 temporary liveaboards,
and prohibits fueling facilities.
According to a March 20, 2003 letter from the Florida Fish and
Wildlife Conservation Commission the proposed project will not
significantly affect the endangered manatee so long as the applicant
follows the standard manatee construction conditions for all in-water
construction. This has been
included as a specific condition in the wetland resource permit and as a
special lease condition. The
Department of Community Affairs had no objections to the project in a
letter received on April 2, 2003.
Letters of no objection have been received from all but one of the
property owners within a 500-foot radius of the project. The remaining property owner has
until April 14, 2003 to submit an objection to the project. The proposed project will not be
located within the 25-foot riparian setback area. The 2002 Emerald Coast Boat
Show was held under a 30-day lease at a temporary location situated east of the currently
proposed site. A compliance
inspection by DEP staff during last year's show found several violations
of the permit and lease, which included structures relocated within the
lease boundary and three structures which exceeded the lease
boundary. The applicant has
agreed to a $12,700 fine (to be paid on or before April 22, 2002) for
violations that occurred at that show. The fine consists of $8,000 for
the proprietary violations and $4,700 for the regulatory
violations. A review of the history of
violations at similar boat shows held by this applicant, in other
locations of the state, reveals a mix of compliance and non-compliance
with the leases and permits issued for these shows. Because of this history, staff
recommends a one-year lease instead of the requested five-year lease. A local government
comprehensive plan has been adopted for this area pursuant to section
163.3167, F.S.; however, the Department of Community Affairs (DCA)
determined that the plan was not in compliance. In accordance with the compliance
agreement between DCA and the local government, an amendment has been
adopted which brought the plan into compliance. The proposed action is consistent
with the adopted plan according to a letter received from Okaloosa County
dated March 21, 2003. (See Attachment 2, Pages
1-30) RECOMMEND APPROVAL OF
A ONE-YEAR CLASS IV SPECIAL EVENT LEASE, SUBJECT TO THE SPECIAL LEASE
CONDITIONS AND PAYMENT OF $3,297.84 ******************************************************* Substitute Item 3 Seminole
Electric Cooperative, Inc. Utility Easement REQUEST: Consideration of a request for
approval for the Florida Fish and Wildlife Commission to grant a 50-year
non-exclusive utility easement to Seminole Electric Cooperative, Inc.,
over 1.262 acres, more or less, in Charlotte County within the boundary of
the Cecil M. Webb Wildlife Management Area. COUNTY: Charlotte
APPLICANT: Seminole Electric Cooperative,
Inc. (Cooperative) Board of
Trustees Agenda -
April 22, 2003 Substitute
Page Four ******************************************************** Substitute Item 3,
cont. LOCATION: Section 06, Township 41 South,
Range 24 East CONSIDERATION: $24,000, consisting of an easement
fee of $7,200, and up to $16,800 for repair of a broken water control
structure, to be received by the Florida Fish and Wildlife Conservation
Commission STAFF REMARKS: Although the Florida Fish and
Wildlife Conservation Commission (FWCC) holds title to the Cecil M. Webb
Wildlife Management Area (WMA), it does not have the authority to approve
easements for utility purposes.
Section 372.023, F.S., requires Board of Trustees' approval that
any easement FWCC may want to grant is in the best interest of the orderly
and economical development of the WMA. The Cooperative has requested a
utility easement across a corner of the WMA to connect with an existing
power line on the western edge of the WMA. The easement will be 100 feet in
width for 341.90 feet, more or less, from where it connects to the Hardee
Power Station 230 KV transmission line on the WMA. The easement then narrows in width
to 45 feet for 461.47 feet, more or less, to where it exits the state
property. Department of Environmental
Protection (DEP) staff believes that the proposed easement is in the best
interest of the WMA. There is
no alternative route that does not impact the WMA because the existing
power line is already on the WMA.
Use of the small area is preferable to the Cooperative installing a
new power line that would circumvent the WMA, but would impact resources
over a much larger area. As
mitigation for impacts to the WMA, the Cooperative has agreed to pay
$24,000 for repairs to a broken water control structure on the WMA that
will be used to reduce water levels for management purposes. The FWCC and Cooperative have
negotiated for payment of up to $24,000 for the needed
repairs. The easement was valued at
$7,200 by Woodward S. Hanson, MAI, CRE, CCIM, as of November 6, 2002. The $24,000 negotiated by the FWCC
includes the $7,200 easement fee. A local government
comprehensive plan has been adopted for this area pursuant to section
163.3167, F.S.; however, the Department of Community Affairs (DCA)
determined that the plan was not in compliance. A compliance agreement between DCA
and the local government has been finalized. The proposed action is consistent
with the adopted plan according to a letter received from Charlotte
County. (See Attachment 3, Pages
1-20) RECOMMEND APPROVAL
******************************************************** Item 4 BOT/Board
of Education Sale of State-Owned Land/Carolyn Yoder WITHDRAWN FROM THE MARCH 25,
2003 AGENDA DEFERRED FROM THE JANUARY 28,
2003 AGENDA REQUEST: Consideration of a request by the
Florida Board of Education for the Board of Trustees to sell a 28.17-acre
parcel of state-owned land in Calhoun County to Carolyn
Yoder. COUNTY:
Calhoun Deed No.
40091 APPLICANT: Carolyn
Yoder LOCATION: Section 22, Township 02 North,
Range 08 West Board of
Trustees Agenda -
April 22, 2003 Additional
Page Four-A ********************************************************* Item 4,
cont. CONSIDERATION: $88,000 to be deposited in the
Institute of Food and Agricultural Sciences Relocation and
Construction Trust Fund APPRAISED
BY
BUYER'S
Chandler
APPROVED
PURCHASE
CLOSING PARCEL ACRES
(04/25/02) VALUE PRICE
DATE
Yoder 28.17
$88,000
$88,000
$88,000
120 days after
BOT approval STAFF REMARKS: The subject property is located in
Blountstown and was purchased by the Board of Trustees from Steve and
Carolyn Yoder in December 1989 for $35,000. The property was purchased on
behalf of the University of Florida Institute of Food and Agricultural
Sciences (UF/IFAS) to operate and maintain an aquaculture demonstration
farm and educational facility.
Programs at this facility address alternative species for
production, marketing, and pond management for several fish types and
aquatic plants. Funding for
this property was appropriated by the 1988 Legislature to the Florida
Board of Regents acting on behalf of UF/IFAS. Chapter 90-148, Laws of Florida,
authorized the Board of Regents, with the approval of the Board of
Trustees, to sell, trade, or exchange state agricultural research and
education property, deposit the funds in the Institute of Food and
Agricultural Sciences Relocation and Construction Trust Fund, and apply
the funds to the relocation and construction (AGENDA CONTINUED ON NEXT
PAGE)
Board of
Trustees Agenda -
April 22, 2003 Page
Five *********************************************************** Item 4,
cont. of new agricultural research
facilities. The powers and
duties of the Board of Regents have now been transferred to the Florida
Board of Education (BOE) under provisions of subsection 1000.01,
F.S. Improvements on the property
consist of a steel frame utility building, which is a covered storage area
containing 1,830 square feet, and another covered storage area containing
3,622 square feet. In
addition, there is a single-wide mobile home located near the southeast
corner of the site.
Approximately 15 man-made ponds ranging from 0.40 acre to 2.00
acres exist on the property and the vast majority of the ponds are dry or
extremely low.
As a result of a study
performed by UF/IFAS "The Effectiveness of the Organizational Structure of
the University of Florida Institute of Food and Agricultural Sciences", it
was decided to be in the best long-term interests of UF/IFAS to
consolidate programs located throughout the state. UF/IFAS determined it to be
cost-effective to move the demonstration farm programs and equipment to
the Gainesville campus and sell the property in Calhoun County. The University of Florida Board of
Trustees, at its June 13, 2002 meeting, approved the surplusing and
selling of the 28.17 acres.
The Florida Board of Education subsequently approved the same at
its August 27-28, 2002 board meeting. Pursuant to section
253.034(6)(f), F.S., in reviewing lands, the Acquisition and Restoration
Council (ARC) shall consider and recommend whether the lands would be more
appropriately owned or managed by Calhoun County or other unit of local
government in which the land is located. ARC shall recommend to the Board
of Trustees whether a sale, lease or other conveyance to a local
government would be in the best interests of the state and local
government. At its
October 23, 2002 board meeting, ARC recommended that the UF/IFAS Calhoun
County property be surplused and sold. Randall C. Chandler of
Chandler and Associates, Inc., appraised the property on April 25, 2002
and estimated the market value of the property at $88,000. Mr. Chandler provided an opinion
that the property's highest and best use would be Rural
residential/Agriculture and that continued use as an aquaculture facility
is not considered economically feasible. Carolyn Yoder, one of the original
owners, offered to purchase the property back from the Board of Trustees
at the current appraised value of $88,000, which is $53,000 more than what
the Board of Trustees paid for the property in 1989. The surrounding properties of the
28.17-acre parcel are mostly family-owned property (Yoder's). Pursuant to the provisions of Rule
18-2.020(2)(b), F.A.C., disposal of surplus land shall be competitively
bid except that parcels 5 acres or less in size or with a market value of
$100,000 or less may be sold by an reasonable means, including open or
exclusive listing with real estate sales services, competitive bid,
auction, and negotiated direct sales. In accordance with section
253.111, F.S., Calhoun County was notified of the availability of the
property and did not express any interest in obtaining the property. Additionally, pursuant to section
253.034(6)(f), F.S., such lands shall be offered to the state, county, or
local government for a period of 30 days. Since no governmental agencies
expressed interest in the subject property, the property therefore became
available for sale on the private market. Pursuant to section
253.115(1), F.S., property owners within 500 feet of the subject property
were notified of the sale and no responses were received with the
exception of Carolyn Yoder.
No other serious offers or
inquiries were made for this property. Therefore, staff is of the opinion
that the property should be sold to the original property owner (Carolyn
Yoder) at the appraised value of $88,000. Board of
Trustees Agenda -
April 22, 2003 Page
Six **************************************************** 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
1-17) RECOMMEND
APPROVAL ******************************************************* Item 5
DEP/DRP/Hillsborough County Sale of Murphy Act
Lands REQUEST: Consideration of a request to sell
four parcels totaling 60.8 acres of state-owned land currently managed by
the Division of Recreation and Parks to Hillsborough
County. COUNTY:
Hillsborough Deed No.
30887 APPLICANT: Hillsborough
County LOCATION: Sections 35 and 36, Township 27
South, Range 20 East CONSIDERATION: $167,500 to be deposited into the
Internal Improvement Trust Fund APPRAISED
BY
BUYER'S
Entreken
APPROVED
PURCHASE
CLOSING PARCEL ACRES
(01/11.02) VALUE PRICE
DATE
Hillsborough Cty. 60.8
$167,500
$167,500
$167,500 60
days after
BOT approval STAFF REMARKS: The Division
of Recreation and Parks (DRP) currently manages Hillsborough River State
Park which includes approximately 1,800 acres. Hillsborough County has requested
to purchase 60.8 acres of the state-owned land, east of U.S. Highway
301. This portion of the park
is currently undeveloped.
Hillsborough County plans to use the property for the development
and management of a 6.5-mile paved and natural surface recreation trail,
known as Fort King Trail, to connect John B. Sergeant, Sr. County Park to
Hillsborough River State Park.
The trail will be a shared use facility for hikers, bicyclists and
equestrians. DRP's Office of
Park Planning has reviewed the request and is in agreement with the
release of the land and that the revenue be deposited in the Internal
Improvement Trust Fund. The Board of Trustees
originally acquired the requested 60.8 acres of land pursuant to chapter
18296, 1937 Laws of Florida, known as the Murphy Act. The act provided for statutory
forfeiture of lands for nonpayment of taxes. Tax certificates unredeemed as of
June 9, 1939, were automatically converted to fee simple title in the name
of the state. Pursuant to section
253.034(6)(h), F.S., lands determined to be surplus pursuant to this
subsection which were acquired by a unit of government by gift, donation,
grant, quitclaim deed or other such conveyance where no monetary
consideration was exchanged, may be sold based on one
appraisal. Pursuant to section
253.034(6)(e), F.S., on February 13, 2001, the Acquisition and Restoration
Council (ARC) reviewed the request and recommended conveyance of the 60.8
acre parcel to Hillsborough County, provided that Hillsborough County
provide an archeological assessment of the property and after the
conveyance place a conservation easement over the property with the
exception of two acres. The
two acres may be Board of
Trustees Agenda -
April 22, 2003 Page
Seven ******************************************************* Item 5,
cont. exchanged with a private
entity for a parcel of land that will connect parcels 112, 113 and 114,
and will better meet mitigation requirements by the Hillsborough County
Environmental Protection Commission. Pursuant to the
recommendation of ARC, a cultural resource assessment survey was prepared
by Southeastern Archaeological Research, Inc., (SEARCH). The results and
conclusions of the cultural resource assessment survey report did not
reveal any archaeological or historical sites within the parcels. Also, it is the opinion of SEARCH
that the proposed Old Fort King Trail and the plan to exchange the
two-acre parcel with a local church in exchange for another parcel of land
that will connect parcels 112, 113 and 114, will have no effect on any
significant cultural resources. In accordance with section
253.111, F.S., the Board of Trustees may not sell any land to which it
holds title unless and until it affords an opportunity to the county in
which the land is situated to receive the land. Hillsborough County and the state
agencies were notified.
Pursuant to section 253.115, F.S., property owners within 500 feet
of the subject property were also notified and no objections were
received. A consideration of the status
of the local government comprehensive plan was not made for this
item. The Department of
Environment Protection has determined that surplus land sales are not
subject to the local government planning process. (See Attachment 5, Pages
1-18) RECOMMEND
APPROVAL ******************************************************** Item 6 Connell and
Shultz, Inc. Option Agreement/DACS/DOF Additions and Inholdings
Program/Withlacoochee State Forest REQUEST: Consideration of an option
agreement to acquire 80 acres within the Withlacoochee State Forest under
the Department of Agriculture and Consumer Services, Division of
Forestry's Florida Forever Additions and Inholdings Program from Connell
and Shultz, Inc. COUNTY: Citrus APPLICANT: Department of Agriculture and
Consumer Services, Division of Forestry (DOF) LOCATION: Section 14, Township 20 South,
Range 19 East CONSIDERATION: $216,000 APPRAISED
BY
SELLER'S
TRUSTEES' Schlemmer
APPROVED
PURCHASE PURCHASE
OPTION PARCEL ACRES
(11/11/02) VALUE PRICE PRICE DATE Connell/ 80
$254,000 $254,000
*
$216,000** 150 days
after Shultz, Inc.
(85%) BOT
approval * Purchased by current owner's
father in 1976. ** $2,700 per
acre Board of
Trustees Agenda -
April 22, 2003 Page
Eight ******************************************************* Item 6,
cont. STAFF REMARKS: This acquisition was negotiated by
DOF and is eligible for funding under its Florida Forever Additions and
Inholdings Program.
All mortgages and liens will
be satisfied at the time of closing.
There is no legal access to the property over public roads or
recorded easements, however, there are state-owned lands on three sides of
the property. Because the
property can be accessed by adjoining state-owned land, DOF is willing to
manage without legal access.
On June 22, 1999, the Board of Trustees approved a staff
recommendation to delegate to the Department of Environmental Protection
(DEP) the authority to review and evaluate marketability issues as they
arise on all chapter 259, F.S., acquisitions and to resolve them
appropriately. Because these
issues were discovered during preliminary due diligence, further research
may change the facts and scope of each issue and, therefore, DEP staff
will review, evaluate and implement an appropriate resolution for these
and any other title issues that arise prior to
closing. A title insurance policy and
an environmental site assessment of the property will be provided by the
seller prior to closing. A
survey will be provided by the purchaser prior to closing.
This property improves the
overall management of the Withlacoochee State Forest and affords natural
resource conservation and outdoor recreation activities under a
multiple-use management regime. The parcel will be managed by
DOF as an addition to the Withlacoochee State
Forest. This acquisition is
consistent with section 187.201(23), F.S., the Agriculture section of the
State Comprehensive Plan. (See Attachment 6, Pages
1-18) RECOMMEND
APPROVAL ********************************************************* Item 7 Coldewey
Option Agreement/South Walton County Ecosystem Florida Forever
Project REQUEST: Consideration of an option
agreement to acquire 79.6 acres within the South Walton County Ecosystem
Florida Forever project from Margaret C. Coldewey. COUNTY: Walton LOCATION: Section 20, Township 02 South,
Range 20 West CONSIDERATION: $3,175,000 APPRAISED
BY
SELLER'S
TRUSTEES' Giles
Griffith
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL ACRES
(11/01/02)
(10/22/02) VALUE PRICE PRICE DATE Coldewey 79.6
$3,550,000
$3,400,000
$3,550,000 *
$3,175,000** 120 days
after
(89%) BOT
approval * Owner deeded property from
father and father's estate from 1974 through 1995. ** $39,887 per
acre STAFF REMARKS: The South Walton County Ecosystem
project is an "A" group project on the Florida Forever Full Fee Project
List approved by the Board of Trustees on February 25, 2003. The project contains 22,674 acres,
of which 19,682.7 acres have been acquired or Board of
Trustees Agenda -
April 22, 2003 Page
Nine ******************************************************** Item 7,
cont. are under agreement to be
acquired. After the Board of
Trustees approves this agreement, 2,911.7 acres or 13 percent of the
project will remain to be acquired. All mortgages and liens will
be satisfied at the time of closing.
The seller will retain 3.96 acres for an existing residence. There is a reservation for three
perpetual ingress and egress easements and one temporary easement for
utility services in favor of the seller. In addition, there is an existing
easement deed in favor of Regional Utilities for a pumping station. The easements were considered by
the appraisers and do not effect the value of the property. On June 22, 1999, the Board of
Trustees approved a staff recommendation to delegate to the Department of
Environmental Protection (DEP) the authority to review and evaluate
marketability issues as they arise on all chapter 259, F.S., acquisitions
and to resolve them appropriately.
Therefore, DEP staff will review, evaluate and implement an
appropriate resolution for any title issues that arise prior to
closing. A title insurance policy, a
survey, an environmental site evaluation and, if necessary, an
environmental site assessment will be provided by the purchaser prior to
closing. According to Environment
Services, Inc., during a field visit to the property, a bald eagle's nest
was found. The nesting tree
appeared to have a serviceable nest, but was not active. The bald eagle is currently on the
endangered species list.
After the property is acquired by the Board of Trustees, federal
guidelines will be followed for protection of this wildlife habitat under
an appropriate Habitat Conservation Plan. Where the Gulf of Mexico
meets the coastline of Walton County are some of the most beautiful
beaches and dunes in the world, backed by sparkling freshwater lakes and
pine flatwoods and marshes spreading to Choctawhatchee Bay - one of the
largest natural areas on the northern Gulf coast. Public acquisition of the South
Walton County Ecosystem Florida Forever project will conserve a part of
this unique coast and the forest behind it, linking three state parks;
protecting several rare plants and rare animals such as the Choctawhatchee
beach mouse and red-cockaded woodpecker; and providing residents and
tourists a scenic area in which to enjoy many recreational activities,
ranging from hunting and fishing to hiking, picnicking, and
sunbathing. This property will be managed
by The Department of Agriculture and Consumer Services Division of
Forestry as addition to Point Washington 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 7, Pages
1-37) RECOMMEND
APPROVAL ******************************************************** Item 8 Profundus
Holdings, Inc. Option Agreement/Tates Hell/Carrabelle Tract Florida
Forever Project DEFERRED FROM THE APRIL 8,
2003 AGENDA REQUEST: Consideration of an option
agreement to acquire 37,358.5 acres within the Tates Hell/Carrabelle Tract
Florida Forever project from Profundus Holdings,
Inc. COUNTIES: Franklin and
Liberty Board of
Trustees Agenda -
April 22, 2003 Page
Ten ********************************************************* Item 8,
cont. LOCATION: Sections 29 through 32, Township
05 South, Range 05 West; Sections 23, 25, 26, 35 and 36, Township 05
South, Range 06 West; Sections 03 through 10, 15 through 22 and 27 through
34, Township 06 South, Range 05 West; Sections 01 through 03, 10 through
15, 21 through 28 and 33 through 36, Township 06 South, Range 06 West;
Sections 03 through 11, 14 through 17 and 21 through 23, Township 07
South, Range 05 West; and Sections 01 through 04 and 09 through 12,
Township 07 South, Range 06 West CONSIDERATION: $38,000,000 APPRAISED
BY
SELLER'S
TRUSTEES' Arline
Chandler
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL ACRES
(01/06/03)
(12/15/02) VALUE PRICE PRICE DATE Profundus
37,358.5
$34,500,000
$38,000,000
$38,000,000
$17,500,000*
$38,000,000** 75 days
after
(100%)
BOT Approval * Seller purchased in
September 1992 ** $1,017 per
acre STAFF REMARKS: The Tates Hell/Carrabelle Tract
project is an "A" group project on the Florida Forever Full Fee Project
List approved by the Board of Trustees on February 25, 2003. The project contains 193,896
acres, of which 154,188 acres have been acquired or are under agreement to
be acquired. After the Board
of Trustees approves this agreement, 2,349.5 acres or 1 percent of the
project will remain to be acquired. All mortgages and liens will
be satisfied at the time of closing. There is a 50 percent outstanding
oil, gas and mineral reservation on a portion of the property. The appraisers considered these
reservations and concluded that they have no measurable impact on market
value. There are three
outstanding timber leases on the property, which will expire prior to
closing. The lessees' have
expressed the need for possibly extending these leases. The Department of Environmental
Protection (DEP) and the Department of Agriculture and Consumer Services,
Division of Forestry (DOF), the future managing agency, have agreed to
extend the timber leases through June 30, 2004, if necessary. There are 23 areas located
throughout the property designated for research testing. These areas are being used for the
study of pine tree growth and are effective for a period not to exceed
three years after closing.
There are recorded road easements encumbering existing roadways
through the property but do not hinder the use of the property. DOF has determined they will be
able to manage the property with the outstanding interests in place. On June 22, 1999, the Board of
Trustees approved a staff recommendation to delegate to DEP the authority
to review and evaluate marketability issues as they arise on all chapter
259, F.S., acquisitions and to resolve them appropriately. Because these issues were
discovered during preliminary due diligence, further research may change
the facts and scope of each issue and, therefore, DEP staff will review,
evaluate and implement an appropriate resolution for these and any other
title issues that arise prior to closing. A title insurance policy, a
survey, an environmental site evaluation and, if necessary, an
environmental site assessment will be provided by the purchaser prior to
closing. This property of 37,358.5
acres is one of the last remaining major tracts of land to be purchased
within the Tates Hell/Carrabelle Tract. It is an essential parcel that
represents the 'heart' of the project, providing the critical connection
between two major tracts of state-owned lands and solidifying the
connection with the Apalachicola National Forest. Acquisition of this parcel creates
one of the largest conservation 'core' areas in the Eastern United States
- over one million acres. The
remote flatwoods and swamps spreading for miles from the lower
Apalachicola to the Ochlockonee rivers, though logged, are critical to the
survival in north Florida of black bear and other wildlife that need large
unpopulated areas. The Tates
Hell/Carrabelle Tract will conserve most of this land, maintaining a link
of undeveloped land with the Apalachicola National Forest and the
Apalachicola National Estuarine Research Reserve, preserving the water
quality of creeks that flow into productive Apalachicola
Bay, Board of
Trustees Agenda -
April 22, 2003 Page
Eleven ********************************************************* Item 8,
cont. and letting the public hunt,
fish, canoe, or simply view the plants and animals in this uniquely large
landscape. Roughly 83 percent
of the gross land is considered to be productive for growing pine timber,
with 76 percent of the gross land currently having merchantable and
pre-merchantable timber valued at approximately $23,000,000. This property will be managed
by DOF as a state forest and addition to the Apalachicola National
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 8, Pages
1-59) RECOMMEND
APPROVAL
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