Click here to MyFlorida Home Page  
Clear Dot Image Cabinet Affairs

AGENDA 

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

JANUARY 21, 1998

 


 

Item 1 Minutes

 

Submittal of the minutes of the November 18, 1997 and December 4, 1997 Cabinet meetings.

 

RECOMMEND ACCEPTANCE

 


 

Item 2 Hennlich Quitclaim Deed

 

REQUEST: Issuance of a quitclaim deed to clear title to state-owned lands that were occupied in error in exchange for a deed to unoccupied lands originally conveyed by the Board of Trustees.

 

COUNTY: Citrus

 

APPLICANTS: Ervin and Kathryn Hennlich

 

LOCATION: Sections 34 and 35, Township 18 South, Range 16 East,

and Sunny Isles Estates Subdivision

 

CONSIDERATION: Exchange of Parcels

 

STAFF REMARKS: In 1954, the Board of Trustees conveyed Government Lot 1 of Section 34, Township 18 South, Range 16 East. This parcel lies in an area of coastal Citrus County containing numerous islands and waterways. Apparently, because of confusion relating to the inaccuracy of the original U. S. Government surveys of the area and their relation to existing landforms, the original grantee failed to occupy the parcel purchased. Instead, the grantee occupied a vacant state-owned parcel in the west one half of the southwest quarter of Section 35. Over the years this error went undetected and the parcel was subdivided into several lots which were sold and developed. The applicants purchased a parcel of the subdivided land and subsequently found that they did not hold clear title. In order to clear their title, the applicants propose to quitclaim their interest in Government Lot 1 of Section 34 to the Board of Trustees in exchange for a quitclaim deed to the lands they occupy in Section 35. On March 23, 1993, the Board of Trustees approved a similar exchange in this subdivision.

 

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 2, Pages 1-5)

 

RECOMMEND APPROVAL

 


 

Item 3 City of Miami Deed Restrictions Determination

 

REQUEST: A determination that the establishment of a regional visitors center and aviation facility on 5.6 acres owned by the City of Miami on Watson Island is consistent with the restrictions in Board of Trustees Deed No. 19447.

 

COUNTY: Dade

Deed No. 19447

Board of Trustees

Agenda - January 21, 1997 Page Two

 


 

Item 3, cont.

 

APPLICANT: City of Miami

 

LOCATION: Section 31, Township 53 South, Range 42 East, Watson Island, Biscayne Bay Aquatic Preserve, Class III waters, within the local jurisdiction of the City of Miami

 

STAFF REMARKS: Watson Island originated as fill that was placed to construct a causeway. This spoil island was owned by the state until it was deeded to the City of Miami (City) on February 24, 1949 (Deed No. 19447). The deed to the City prohibits the sale, conveyance or lease of the land to private persons, firms or corporations for private uses or private purposes, and restricts the use of the property to public and municipal purposes. The deed contains a reverter in the event the deed restrictions are violated.

 

The City has entered into an inter-local agreement with the Miami Sports and Exhibition Authority for the purpose of constructing a visitors center and public aviation project. The project will consist of a municipal heliport with space for at least three operators, a seaplane base, a visitors center, an air museum, administrative offices and terminal, customs and immigration facilities, and a restaurant. The City considers the project to meet the public and municipal purpose requirements of Deed No. 19447 and requests the Board of Trusteesí concurrence.

 

Chapter 163.3194(3)(b), F.S., states that a local development approved or undertaken by a local government shall be consistent with the comprehensive plan if it meets all criteria of the plan and all other criteria enumerated by the local government. Therefore, since local governments do not permit themselves, the proposed project is deemed to be consistent and no letter of consistency is required.

 

(See Attachment 3, Pages 1-9)

 

RECOMMEND APPROVAL

 


 

Item 4 DMS/Prado/Blaxberg/Hubbard Purchase Agreements

 

REQUEST: Consideration of three purchase agreements to acquire a total of approximately 0.56 acre by the Department of Management Services from Anthony Prado, et al, I. Barry Blaxberg, Trustee, and Charles T. Hubbard.

 

COUNTY: Dade

 

APPLICANT: Department of Management Services

 

LOCATION: Section 21, Township 52 South, Range 41 East

 

CONSIDERATION: $275,300

 

APPRAISED BY

REVIEW SELLER/ DANNER APPROVED PURCHASE CLOSING

NO. PARCEL# ACRES (11/20/96) VALUE PRICE DATE

801010 Prado/2 0.06 $ 5,300 $ 5,300 $ 5,300 *

801011 Blaxberg/3 0.25 $190,000 $190,000 $190,000 03/31/98

801012 Hubbard/4 0.25 $100,000 $100,000 $ 80,000 *

0.56 $295,300 $275,300

 

* closing shall be within 60 days after DMSí receipt of the title insurance

commitment or the BOTís approval, whichever occurs later

Board of Trustees

Agenda - January 21, 1997 Page Three

 


 

Item 4, cont.

 

STAFF REMARKS: These acquisitions were negotiated by the Department of Management Services (DMS). Funds for these acquisitions were appropriated by the 1993-1994 Florida Legislature and are still available.

 

The Opa-Locka Regional Service Center (OLRSC) was initiated in 1991. The north half of the project area is owned by the City of Opa-Locka (City) and will be donated to the Board of Trustees for the OLRSC. The south half of the project is in five separate ownerships. Contracts with three of the owners are the subject of this item and the remaining two ownerships are being acquired by the City via eminent domain and will be sold to DMS in the future for the maximum value allowed under the law.

 

Improvements on the Blaxberg parcel consist of a 6,966 square-foot commercial building, and on the Hubbard parcel, a 3,834 square-foot commercial building. DMS is aware of the improvements and has indicated they will remove the buildings after closing.

 

All mortgages and liens on the parcels will be satisfied at the time of the closings. In the event the commitments for title insurance reveal any other encumbrances which may affect the value of the parcels or the proposed management of the parcels, staff will so advise the Board of Trustees prior to the closings.

 

A certified survey of each parcel will be provided by each seller prior to closing with DMS reimbursing each sellerís survey cost and title insurance cost. DMS will obtain an environmental site assessment of the site.

 

These parcels will be managed by DMS as a Regional Service Center Facility.

 

These acquisitions are consistent with section 187.201(18), F.S., the Public Facilities section of the State Comprehensive Plan.

 

(See Attachment 4, Pages 1-50)

 

RECOMMEND APPROVAL

 


 

Item 5 DOT/GA Industries Corporation Purchase Agreement

 

DEFERRED FROM DECEMBER 16, 1997 AGENDA

 

REQUEST: Consideration of a purchase agreement to acquire 6.57 acres by the Florida Department of Transportation, District Six from GA Industries Corporation.

 

COUNTY: Dade

 

APPLICANT: Department of Transportation

 

LOCATION: Section 32, Township 51 South, Range 42 East

 

CONSIDERATION: $1,850,000

 

Board of Trustees

Agenda - January 21, 1997 Page Four

 


 

Item 5, cont.

 

 

APPRAISED BY

REVIEW Wilson Quinlivan APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (12/29/97) (12/20/97) VALUE PRICE DATE

801001 GA Industries 6.57 $1,800,000 $1,851,500 $1,851,500 $1,850,000 90 days

after BOT

approval

 

STAFF REMARKS: This acquisition was negotiated by the Florida Department of Transportation, District Six (DOT). The funds for this acquisition were appropriated by the Florida Legislature and are still available.

 

Improvements on the property consist of a one-story, 12,000 square-foot structure in fair condition and a two-story, 10,000 square-foot structure in poor condition. The entire site is enclosed by a chain link fence. After closing, DOT will demolish the improvements, which were considered by the contract appraisers and given no value.

 

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 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 will be provided by the acquiring agency prior to closing.

 

An environmental site assessment of the property will be provided by DOT prior to closing. The property has groundwater contamination for which the seller has submitted a remediation plan to the Dade County Department of Environmental Resources Management for approval. It is reported that the contamination can be cleaned up on site for approximately $153,500. Since the seller will only sell the property "as is" and DOT has a need for the property, DOT has agreed to pay for the remediation. The agreement provides for DOT to cleanup the property within one year after the closing.

 

This property will be managed by the DOT as a maintenance yard facility.

 

This acquisition is consistent with section 187.201(20), F.S., the Transportation section of the State Comprehensive Plan.

 

(See Attachment 5, Pages 1-32)

 

RECOMMEND APPROVAL

 


 

Item 6 Gus Kulcsar Option Agreement/Survey Waivers/Lake Wales Ridge Ecosystem (Carter Creek) CARL Project

 

REQUEST: Consideration of (1) an option agreement to acquire approximately 23.75 acres (19 lots) within the Lake Wales Ridge Ecosystem (Carter Creek) CARL project from Gus Kulcsar; and (2) a request for survey waivers for lots 484, 544, 661, 663, 668, 723, 936, 979, 983, 992, 1000, 1002, 1003 and 1626.

 

COUNTY: Highlands

 

LOCATION: Sections 03, 04 and 10, Township 34 South, Range 29 East

Board of Trustees

Agenda - January 21, 1997 Page Five

 


 

Item 6, cont.

 

CONSIDERATION: $66,150

 

APPRAISED BY

REVIEW Miller APPROVED PURCHASE OPTION

NO. PARCEL ACRES (06/03/97) VALUE PRICE DATE

801009 Kulcsar (19 lots) 23.75 $73,500 $73,500 $66,150 180 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 Landsí Land Acquisition Workplan. This project contains 40,739 acres, of which 1,250 acres have been acquired by Southwest Florida Water Management District and 12,319.15 acres have been acquired or are under agreement to be acquired by the Board of Trustees. After the Board of Trustees approves this agreement, 27,146.10 acres or 67 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 for lots 484, 544, 661, 663, 668, 723, 936, 979, 983, 992, 1000, 1002, 1003 and 1626 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:

 

  • the parcels are surrounded by state-owned land or land the state intends to acquire;
  • the parcels are located within a subdivision or in a section in which the controlling land corners have been recently surveyed by Keith & Schnars, Inc., in their preparation of an appraisal map, and the survey drawing is acceptable for computing acreage;
  • the parcels are in their natural unimproved condition;
  • although the interior parcel lines were not surveyed, it appears that the boundaries of the parcels do not adjoin fences or improvements other than those managed or to be managed by the state; and
  • the parcel was visually inspected.

 

While these parcels are being recommended for waivers of survey at this time, should the title commitments or field inspections reveal a substantive surveying or surveying related issue which impacts the parcels, certified surveys will be provided by the purchaser prior to closing.

 

Title insurance policies; environmental site evaluations and, if necessary, environmental site assessments for all lots; and certified surveys for lots 419, 423, 486, 981 and 997 will be provided by the purchaser prior to closing.

 

The high, sandy, Lake Wales Ridge, stretching south from near Orlando almost to Lake Okeechobee, was originally covered with a mosaic of scrub, flatwoods, wetlands, and lakes. The scrub is unique in the world - it is inhabited by many plants and animals found nowhere else - but it has almost completely been converted to citrus groves and housing developments. The Lake Wales Ridge 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.

 

 

 

Board of Trustees

Agenda - January 21, 1997 Page Six

 


 

Item 6, cont.

 

These properties will be managed by the Florida Game and Fresh Water Fish Commission under a single-use concept as a unit of the Lake Wales Ridge Ecosystem.

 

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 1-28)

 

RECOMMEND APPROVAL

 


 

Item 7 Rainey Option Agreement/Archie Carr Sea Turtle Refuge CARL Project

 

REQUEST:  Consideration of an option agreement to acquire 0.84 acre within the Archie Carr Sea Turtle Refuge CARL project from S. P. Rainey and F. C. Rainey.

 

COUNTY:  Brevard

 

LOCATION:  Section 06, Township 30 South, Range 39 East

 

CONSIDERATION:  $212,500

 

APPRAISED BY

REVIEW Benson APPROVED PURCHASE CLOSING

NO. OWNER ACRES (03/20/97) VALUE PRICE DATE

801006 Rainey 0.84 $222,000 $222,000 $212,500 180 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 Landsí Land Acquisition Workplan. The project contains 1,018 acres, of which 489.73 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 527.43 acres or 52 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, a certified survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing.

 

Although sea turtle nesting occurs from the southern tip of Texas to the southern coast of Virginia, a 20-mile stretch of beach in Brevard and Indian River Counties 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 project is designed to help protect the habitat and assure the continued survival of these endangered sea turtles.

 

Board of Trustees

Agenda - January 21, 1997 Page Seven

 


 

Item 7, cont.

 

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 7, Pages 1-26)

 

RECOMMEND APPROVAL

 


Item 8 Julian/Heffernan Purchase Agreements/Survey Waiver/Belle Meade CARL Project

 

REQUEST:  Consideration of (1) two purchase agreements to acquire 157 acres within the Belle Meade CARL project from Vance and Barbara Julian and the William R. Heffernan Estate; and (2) a request for survey waiver for parcel 329B.

 

COUNTY:  Collier

 

LOCATION:  Sections 02, 23 and 27, Township 50 South, Range 27 East

 

CONSIDERATION: $297,200

 

APPRAISED BY

REVIEW Dane APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (11/28/95) VALUE PRICE DATE

801002 Julian/60 75.7 $151,400 $151,400 $145,000 6 months

801003 Heffernan/329A 61.4 $122,800 $122,800 $116,500 after BOT

approval

(12/28/95)

Heffernan/329B 19.9 $ 39,800 $ 39,800 $ 35,700

157 $314,000 $297,200

 

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 Landsí Land Acquisition Workplan.  This project contains 19,227 acres, of which 12,914.65 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves these agreements, 6,155.35 acres or 32 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 of survey for parcel 329B is being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, parcel 329B meets all of the following conditions:

 

  • the parcel is surrounded by state-owned land or surrounded by land the state intends to acquire;
  • the parcel or the parent tract has been surveyed since 1900, and the survey drawings are acceptable for computing acreage;

Board of Trustees

Agenda - January 21, 1997 Page Eight

 


 

Item 8, cont.

 

  • the parcel is in its natural unimproved condition; and
  • the boundaries of the parcel do not adjoin fences or improvements other than those managed or intended to be managed by the state.

 

While parcel 329B 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.

 

Title insurance policies, environmental site evaluations and, if necessary, environmental site assessments and certified surveys for parcel 60 and parcel 329A, 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.

 

These properties will be managed by the Department of Agriculture and Consumer Services, Division of Forestry as part of the Picayune Strand State Forest.

 

These acquisitions are consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

 

(See Attachment 8, Pages 1-20)

 

RECOMMEND APPROVAL

 


 

Item 9 Francolino/Troiano Option Agreement/Wekiva-Ocala Greenway CARL Project

 

REQUEST:  Consideration of an option agreement to acquire 11.3 acres within the Wekiva-Ocala Greenway CARL project from Marie D. Francolino and Mary Ann Troiano.

 

COUNTY:  Lake

 

LOCATION:  Sections 38 and 17, Township 17 South, Range 29 East

 

CONSIDERATION:  $45,200

 

APPRAISED BY

REVIEW Hupp APPROVED PURCHASE OPTION

NO. PARCEL ACRES (10/09/97) VALUE PRICE DATE

801008 Francolino & 11.3 $62,150 $62,150 $45,200 180 days

Troiano/10 after BOT

approval

Board of Trustees

Agenda - January 21, 1997 Page Nine

 


 

Item 9, cont.

 

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 Landsí Land Acquisition Workplan. The project contains 67,269 acres, of which 27,556 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 39,701.70 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, 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 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 1-21)

 

RECOMMEND APPROVAL

 


 

Item 10 Carlock/Brett Option Agreement/Longleaf Pine Ecosystem CARL Project

 

REQUEST:  Consideration of an option agreement to acquire 10.3 acres within the Longleaf Pine Ecosystem CARL project from Daniel E. Carlock, individually and Thomas P. Brett, Trustee of the Daniel E. Carlock Trust and the Mary Louise Brorein Trust.

 

COUNTY:  Marion

 

LOCATION:  Section 13, Township 17 South, Range 20 East

 

CONSIDERATION:  $ 15,450

 

APPRAISED BY

REVIEW Schlemmer APPROVED PURCHASE OPTION

NO. PARCEL ACRES (10/23/95) VALUE PRICE DATE

801004 Carlock/3 10.3 $20,600 $20,600 $15,450 180 days after

BOT approval

 

Board of Trustees

Agenda - January 21, 1997 Page Ten

 


 

Item 10, cont.

 

STAFF REMARKS: The Longleaf Pine Ecosystem CARL project is ranked number 11 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 Landsí Land Acquisition Workplan. The project contains 21,167 acres, of which 10,634.10 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 10,522.60 acres or 50 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, 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 the purchaserís title insurance costs.

 

Though they once covered much of north and central Florida, old-growth longleaf pine sandhills are now only distant memories, replaced by pine plantations, pastures, and housing developments. Nevertheless, fragments of good sandhills still remain. The Longleaf Pine Ecosystem project will conserve four of the largest and best of these fragments, in so doing helping to ensure the survival of several rare animals like the red-cockaded woodpecker as well as some plants, and giving the public an opportunity to see and enjoy the original, and increasingly rare, natural landscape of Floridaís uplands.

 

This property will be managed by The Department of Agriculture and Consumer Services, Division of Forestry as a part of the Ross Prairie 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 10, Pages 1-31)

 

RECOMMEND APPROVAL

 


 

Item 11 Barksdale Option Agreement/Survey Waiver/Rookery Bay CARL Project

 

REQUEST:  Consideration of (1) an option agreement to acquire 0.36 acre within the Rookery Bay CARL project from Clifford B. Barksdale and Sally B. Barksdale; and (2) a request for survey waiver.

 

COUNTY:  Collier

 

LOCATION:  Section 23, Township 51 South, Range 25 East

 

CONSIDERATION:  $57,000

 

APPRAISED BY

REVIEW Dane APPROVED PURCHASE OPTION

NO. PARCEL ACRES (01/28/97) VALUE PRICE DATE

801005 Barksdale/103 0.36 $57,000 $57,000 $57,000 180 days

after BOT

approval

Board of Trustees

Agenda - January 21, 1997 Page Eleven

 


 

Item 11, cont.

 

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 Landsí Land Acquisition Workplan. The project contains 13,482 acres, of which 11,195.76 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 2,285.88 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 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:

 

  • the parcel is surrounded by state-owned land or surrounded by land the state intends to acquire;
  • the referenced parcel is located within a subdivision or in a section in which the controlling land corners have been recently survey by Southern Mapping Technology, Inc., and the survey drawing is acceptable for computing acreage;
  • the parcel is in its natural unimproved condition;
  • although the interior parcel lines were not surveyed, it appears that the boundaries of the parcel does not adjoin fences or improvements other than those managed by the state; and
  • the parcel was visually inspected on November 22, 1997.

 

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.

 

A title insurance policy, an 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 bayís 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

 

 

Board of Trustees

Agenda - January 21, 1997 Page Twelve

 


 

Item 12 Beckstead Option Agreement/Survey Waiver/Cayo Costa CARL Project

 

REQUEST:  Consideration of (1) an option agreement to acquire approximately 1.3 acres within the Cayo Costa CARL project from Garfield R. and Sanae Beckstead; and (2) a request for survey waiver.

 

COUNTY:  Lee

 

LOCATION:  Section 29, Township 44 South, Range 21 East

 

CONSIDERATION:  $85,000

 

APPRAISED BY

REVIEW Bowen APPROVED PURCHASE OPTION

NO. OWNER ACRES (09/29/94) VALUE PRICE DATE

801007 Beckstead 1.3 $100,000 $100,000 $85,000 120 days after

BOT approval

 

STAFF REMARKS: The Cayo Costa 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 Landsí Land Acquisition Workplan. The project contains 1,932 acres, of which 1,738.36 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 192.34 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 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:

 

  • the parcel is surrounded by state-owned land or land the state intends to acquire;
  • the referenced parcel is located within Section 29, Township 44 South, Range 21 East, which was surveyed in 1983 by Johnson Engineering, Inc., and the survey drawing is acceptable for computing acreage;
  • the parcel is in its natural unimproved condition; and
  • the boundary of this parcel does not adjoin fences or improvements other than those managed by the state.

 

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 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.

 

A title insurance policy, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by purchaser prior to closing with seller reimbursing purchaserís 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 a site inspection and, as in prior purchases in this project, unless contaminants are found, a site specific environmental site assessment will not be performed.

 

Board of Trustees

Agenda - January 21, 1997 Page Thirteen

 


 

Item 12, cont.

 

A chain of sandy barrier islands, including Cayo Costa and 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.

 

This property will be managed by the Division of Recreation and Parks as part of Cayo Costa State Park.

 

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 12, Pages 1-17)

 

RECOMMEND APPROVAL

 


 

Item 13 Ethridge Purchase Agreement/Survey Waiver/Rotenberger/Seminole Indian Lands CARL Project

 

REQUEST: Consideration of (1) a purchase agreement to acquire approximately 10 acres within the Rotenberger/Seminole Indian Lands CARL project from James A. and Bernice Ethridge; and (2) a request for survey waiver.

 

COUNTY: Palm Beach

 

LOCATION: Section 21, Township 46 South, Range 35 East

 

CONSIDERATION: $15,200

 

APPRAISED BY

REVIEW Miller APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (10/23/97) VALUE PRICE DATE

801013 Ethridge 10.0 $6,100 $6,100 $15,200 180 days after

BOT approval

 

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 Landsí Land Acquisition Workplan. This project contains 39,739 acres, of which 30,570 acres have been acquired or are under agreement to be acquired by the Board of Trustees. After the Board of Trustees approves this agreement, 9,159 acres or 23 percent of the project will remain to be acquired.

 

The South Florida Water Management District needs this property to construct Storm Water Treatment Area 5 (STA 5) which is being constructed in compliance with section 373.4592, F.S. This property is critical for construction of STA 5. Department of Environmental Protection (DEP) staff recommends that the Board of Trustees approve purchase of this property for more than the approved Division of State Lands (DSL) value in order to avoid the lengthy and costly process of condemnation.

 

The parcel, until recently, had a tax assessed value of $20,000 and the owners had only been willing to consider a sale at the assessed value. During the process of having the property

Board of Trustees

Agenda - January 21, 1997 Page Fourteen

 


 

Item 13, cont.

 

appraised for negotiations, the appraiser consulted with the Palm Beach County (County) property appraiser and the County realized that the property had been mistakenly assessed as improved agricultural land and reduced the property assessment to $5,000. The DEP appraiser initially concluded a fair market value of $10,000 but when title information revealed that the property is partially encumbered by a canal reservation, the value was adjusted downward to $6,100. The owners stated that they purchased the property in the 1970ís for $10,000 and, while they acknowledge the reduction in the assessed value, they feel their asking price of $15,200 is fair and equitable. Because this parcel is critical to the construction of STA 5, DEP would recommend acquisition either by paying more than appraised value or by using the power of eminent domain. DSL staff has consulted with attorneys representing the Board of Trustees on other condemnation matters and have been advised that the amount of additional compensation is only a fraction of the costs that would be incurred if the parcel were pursued through eminent domain.

 

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 property or the proposed management of the property, staff will so advise the Board of Trustees prior to closing.

 

A waiver of the requirement for survey 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 meet all of the following conditions:

 

  • the parcel is surrounded by state-owned land, or land the state intends to acquire;
  • the parcel is located within a subdivision or in a section in which the controlling land corners were surveyed in 1914-1915, and the survey drawing is acceptable for computing acreage;
  • the parcel is in its natural unimproved condition; and
  • it appears that the boundaries of the parcel do not adjoin fences or improvements other than those managed or to be managed by the state.

 

While the parcel is being recommended for waiver of survey at this time, should the title commitment or 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.

 

A title insurance policy, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing.

 

Once a huge sawgrass marsh, the Everglades sent its water south from Lake Okeechobee to the mangrove swamps north of Cape Sable. Now the northern part of that marsh is drained by large canals and planted in sugar cane and other crops, threatening the health of the more natural Everglades to the south. The disturbed, but restorable, marsh of the Rotenberger/Seminole Indian Lands, lying between the agricultural area and the more natural Everglades, will play a major part in the plan to restore more natural water flows to the Everglades ecosystem, and will give the public a large area for hunting, fishing, and wildlife observation.

 

As a part of the Rotenberger/Seminole Indian Lands project, the portion of this property not conveyed to the South Florida Water Management District for construction of a canal for the Storm Water Treatment Area 5 (STA 5) will be managed by the Florida Game and Fresh Water Fish Commission.

 

 

Board of Trustees

Agenda - January 21, 1997 Page Fifteen

 


 

Item 13, cont.

 

This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

 

(See Attachment 13, Pages 1-15)

 

RECOMMEND APPROVAL

 


 

Item 14 St. Lucie County/SFWMD Acquisition Agreement/Hutchinson Island/Blind Creek CARL Project

 

REQUEST: Authority to enter into an acquisition agreement with South Florida Water Management District (District) and St. Lucie County for the Hutchinson Island/Blind Creek CARL project.

 

COUNTY: St. Lucie

 

LOCATION: Sections 04 and 05, Township 36 South, Range 41 East

 

STAFF REMARKS: The Hutchinson Island/Blind Creek CARL project is ranked number 6 on the Bargain/Shared CARL List approved by the Board of Trustees on February 11, 1997, and is funded under the Division of State Landsí Land Acquisition Workplan. The proposed agreement covers 352 acres of the project owned by multiple owners.

 

This project is somewhat unique in that it also involves a grant from the U. S. Fish and Wildlife Service (USF&W). The grant was applied for by St. Lucie County but has been awarded to and will be administered by the Department of Environmental Protection (DEP). As such, it is not necessary that USF&W be a party to this acquisition agreement. The grant requires that federal guidelines be followed in the acquisition process and that all lands acquired, in whole or in part with federal dollars, be held and managed consistent with the intent for which they are being purchased. Federal acquisition procedures require that the District offer the full appraised value and pay all closing costs, including documentary stamp taxes. If a decision were ever made to convert the use of these lands or to dispose of them, the requirements of the Code of Federal Regulations would need to be adhered to.

 

To facilitate the acquisition of this project, the District and St. Lucie County (County) have offered to take the lead in the acquisition of this joint project. DEP staff has prepared an agreement that would allow the District and the County to acquire the Hutchinson Island/Blind Creek CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S. The District is also aware of and has agreed to comply with all federal acquisition requirements. On June 15, 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.

 

If the Board of Trustees approves this item, District staff will present the agreement to the Governing Board of the District for execution at its next Governing Board meeting and the County staff will present the agreement at its next County Commission meeting. Upon receipt of the executed agreement from the District and the County, DEP staff will execute the agreement on behalf of the Board of Trustees.

 

 

Board of Trustees

Agenda - January 21, 1997 Page Sixteen

 


 

Item 14, cont.

 

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 Trusteesí 47.5 percent of any overpayment of the purchase price if an audit or investigation determines that the purchase price paid exceeded the actual appraised value.

 

Pursuant to 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 DEPís Division of State Lands with a board resolution requesting reimbursement of the Board of Trustees' 47.5 percent 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 47.5 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 holding an undivided 33 percent interest and the Board of Trustees holding an undivided 67 percent interest.

 

The Hutchinson Island/Blind Creek CARL project will be managed by the County as a park.

 

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 14, Pages 1-33)

 

RECOMMEND APPROVAL

 


 

Item 15 Cape Romano Land Encumbrance for Receipt of USFWS Grant Dollars

 

REQUEST: Authorization to encumber parcels of state-owned land on Cape Romano as a condition for the receipt of federal grant money.

 

COUNTY: Collier

 

APPLICANT: Department of Environmental Protection

 

STAFF REMARKS: When the state acquires land using federal grant dollars or uses state land as a match for the federal funds, the federal government requires that the land acquired or pledged as a match be used only for the purposes specified in the grant agreement. The federal requirements preclude the grant recipient from altering the use of those lands or from disposing of or encumbering them without the concurrence of the granting agency. The matching grant listed below from the United States Fish and Wildlife Services National Wetlands Conservation Grant Program requires Board of Trustees approval because it contemplates the use of state

Board of Trustees

Agenda - January 21, 1997 Page Seventeen

 


 

Item 15, cont.

 

land as a grant match resulting in certain restrictions on the future use of Board of Trusteesí property. Lands acquired under this program must be used for the long-term conservation of coastal wetlands including the lands and waters, hydrology, water quality and fish and wildlife dependent thereon. Department of Environmental Protection (DEP) staff has reviewed this grant and has determined that the objectives of the stateís environmental land acquisition and management programs will be served if approval is granted. The grant conditions are consistent with the program needs that were established when the lands were originally selected for acquisition and will not limit the managerís ability to carry out their management responsibilities. The acceptance of the grant will encumber: (1) parcels acquired under this grant; and (2) up to $348,921 of state-owned lands on Cape Romano. The total amount of the Cape Romano grant is $1,395,682 (25 percent state - $348,921 and 75 percent federal - $1,046,761). The grant proposes pledging existing state-owned lands instead of dollars for the required match.

 

The Board of Trustees purchased approximately 400 acres on Cape Romano from the Trust for Public Land in 1975, for $408,000 under the Environmentally Endangered Land (EEL) program. In addition to this purchase, the Board of Trustees owns approximately 390 more acres on Cape Romano for a total of about 790 acres. It will not be known how much or which specific parcels of state land must be encumbered until all federal funds have been expended. The match will be calculated on the 75 percent federal - 25 percent state formula, but will not exceed $348,921 in land value. Any of the state-owned land within the Cape Romano complex may be pledged and can be designated at the conclusion of acquisition.

 

According to federal acquisition guidelines, all initial offers must be made to sellers at 100 percent of the approved value. The purchaser will also absorb all acquisition costs, which may include title commitment, survey, environmental site assessment and recording and documentary stamps, by either paying directly or reimbursement. Title to the land will vest in the state.

 

Project Match Restrictions

 

Cape Romano 75% Federal/25% State The acquired and pledged

Federal portion = cash parcels must remain in their

State portion = land natural condition and may

not be converted to any other

use.

 

This barrier island system is within the Rookery Bay Aquatic Preserve and is adjacent to the Ten Thousand Islands Aquatic Preserve. These lands will be managed by the Rookery Bay National Estuarine Research Reserve as the EEL lands are now managed.

 

A consideration of the status of the local government comprehensive plan was not made for this item. The DEP has determined that the approval of this item is not subject to the local government planning process.

 

(See Attachment 15, Page 1)

 

RECOMMEND APPROVAL

 

 

Board of Trustees

Agenda - January 21, 1997 Page Eighteen

 


 

Item 16 DOA to Secretary of DEP/Land Purchases Less Than $500,000/Contract Amendments/Waivers of Survey and Marketability of Title

 

REQUEST: Consideration of a request to delegate authority to the Secretary of the Department of Environmental Protection, or her designee to (1) approve any agreement to purchase land pursuant to section 259.041, F.S. when the purchase price per parcel does not exceed $500,000, unless otherwise required to be submitted to the Board of Trustees for approval under section 259.041(3), F.S.; (2) approve amendments to any such agreements; (3) waive the survey for those parcels which meet certain 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 certain criteria as recommended by the Division of State Lands.

 

LOCATION: Statewide

 

STAFF REMARKS: In 1992, the legislature amended section 253.025(8)(i), F.S., to provide the Board of Trustees with the ability to delegate the authority to approve agreements to purchase land when the purchase price did not exceed $100,000. Subsequent to this statutory change, the Board of Trustees approved a delegation of authority on September 15, 1992, to purchase parcels in the Mega-Multiparcel category when the purchase price did not exceed $50,000. In 1994, the legislature gave the Board of Trustees expanded authority pursuant to section 259.041(3), F.S., to delegate the authority to approve land purchases that do not exceed $1,000,000. On March 28, 1996, the Board of Trustees delegated authority to purchase parcels in the Belle Meade CARL project (number 3 on the 1996 CARL Priority Project List), when the purchase price did not exceed $50,000, and waive the requirement for surveys. This request was an expansion of the authority previously granted by the Board of Trustees.

 

While this request for delegated authority is less than the $1 million permitted by law, it is anticipated that it will significantly reduce the number of agreements requiring Board of Trustees consideration. The Department of Environmental Protection (DEP) chose the $500,000 figure because of the relatively high number of purchases made at or below this dollar figure and the fact that only one appraisal is required for purchases at or below $500,000. From January 1, 1995 to August 12, 1997, the Division of State Lands (DSL) submitted 397 agreements to the Board of Trustees for approval, with 313 of these agreements (nearly 78 percent) involving parcels with a purchase price of $500,000 or less. It is estimated that approximately 71 percent of acquisitions during the current fiscal year will have a purchase price of less than $500,000.

 

This delegation will dramatically reduce the volume of paperwork and man-hours required to prepare and present these predominantly routine items to the Board of Trustees for consideration. More importantly, this delegation will benefit property owners by reducing the time required to close transactions. All purchases requiring two appraisals will continue to be submitted to the Board of Trustees as well as those purchases otherwise required to be submitted for approval under section 259.041(3), F.S. In addition, the DEP will continue to submit any purchase, regardless of price, that is considered controversial.

 

The Bureau of Survey and Mapping (BSM) recommends that the Secretary, or her designee, be authorized to waive the survey when BSM staff determines that the parcel to be acquired meets the following conditions:

 

  • the parcel is surrounded by state-owned land or surrounded by land that the state intends to acquire;
  • the parcel or the parent tract has been surveyed since 1900, and the survey drawing is acceptable for computing acreage;
  • the parcel is in its natural unimproved condition;

Board of Trustees

Agenda - January 21, 1997 Page Nineteen

 


 

Item 16, cont.

 

  • the boundary of the parcel does not adjoin fences or improvements other than those managed by the state; and
  • concurrence of the managing agency.

 

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 publicís 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 Secretary, or her designee, 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 $500,000; (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. The 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 publicís interest was reasonably protected.

 

(See Attachment 16, Pages 1-6)

 

RECOMMEND APPROVAL

 


 

Item 17 IMC/Agrico Mining/Restoration Lease/Lake Hancock

 

REQUEST: Issuance of a five-year sovereignty, submerged land mining/restoration lease.

 

COUNTY: Polk

Lease No. 540218264

 

APPLICANT: IMC/Agrico - Department of Environmental Protection (DEP)

 

LOCATION: Lake Hancock, a meandered lake encompassing parts or all of Sections 31 and 32, Township 28 South, Range 25 East; Sections 12 and 13, Township 29 South, Range 24 East and Sections 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20 and 21, Township 29 South, Range 25 East and

 

Board of Trustees

Agenda - January 21, 1997 Page Twenty

 


 

Item 17, cont.

 

the sovereignty submerged lands of Saddle Creek from Lake Hancock to the confluence with Peace Creek within Sections 19, 29, 30, 32 and 33, Township 29 South, Range 25 East.

 

CONSIDERATION: Reclamation of the Lake Hancock by removal or immobilization of the polluted sediments which currently average 2.5 feet deep over the 4553-acre lake.

 

STAFF REMARKS: Chapter 86-307, Laws of Florida, recognized the advanced state of eutrophication and generally undesirable condition of Lake Hancock, Polk County, the existence of state-owned mineral resources beneath a portion of the lake, and directed the evaluation of the potential to extract those resources and use the proceeds to accomplish improvement of the water quality in the lake. The results of this evaluation were published in December 1987, and identified approximately six million tons of phosphate ore; developed/costed out various mining alternatives; developed/costed out various reclamation alternatives, including sediment removal and drawdown without mining and concluded that, at the then prevailing price of phosphate rock, the mining/reclamation of the lake was not economically feasible. It also identified the cost of restoration without mining and with the circumstances which existed at that time as $19 million. Projection of these costs and conditions to 1998 suggests that it would cost approximately $30 million to restore the lake without mining.

 

It should be noted that subsequent to the above study, significant improvements to the quality of the surface water flowing into Lake Hancock have been accomplished. The major domestic wastewater effluent sources, the primary cause of the condition of Lake Hancock, have been removed from the lake. Only one domestic wastewater treatment plant remains permitted to discharge into the lake on an intermittent basis, and it is scheduled to cease such discharges during the next five years. Banana Lake, one of the direct contributors of poor quality water to Lake Hancock, has been restored to a much better water quality. The other tributaries flowing into the lake, Lake Lena Run and Saddle Creek, are receiving ever increasing scrutiny to further reduce nonpoint source loadings (stormwater runoff) into the lake.

 

In the spring of 1997, the DEP requested that IMC/Agrico, a phosphate mining company which operates the processing plant nearest Lake Hancock (this plant, Noralyn/Clear Springs, was the one used in the 1986/87 study to develop the costs model) reevaluate the 1987 report in light of current economic conditions. IMC/Agrico responded by letter on June 23, 1997, stating "Our preliminary analysis of the report and our evaluation of the feasibility of mining the lake indicate that the project would have marginal economics and would be technically challenging; but that it could be done." The letter pointed out that the Noralyn/Clear Springs processing facility was scheduled to be closed down in late 1998 (this date was subsequently revised to mid-1999) because of exhaustion of the reserves served by the facility. They went on to state that while IMC/Agrico was willing to assume the commercial risks inherent to the project, satisfactory resolution of a number of important issues, which they enumerated, would be a precondition for the company to commit to the project. The issues fell into two categories with six issues in the realm of regulatory and four in the areas of policy and constraints. The DEP proposes to lead a Ecosystem Management/Team Permitting effort, pursuant to Sections 26 and 27 of Chapter 97-164 Laws of Florida, to address the six regulatory issues. Two of the four remaining issues have been determined to be resolvable and the other two are addressed in this agenda item.

The Polk County Board of County Commissioners voted unanimously on September 30, 1997, to "...join with FDEP and the phosphate industry to evaluate the feasibility of restoration of Lake Hancock as an adjunct to the mining of the lake" and authorized the staff of their Department of Natural Resources and Drainage to assist in the effort.

 

Board of Trustees

Agenda - January 21, 1997 Page Twenty-one

 


 

Item 17, cont.

 

Old Florida Plantation, the land owner whose property lies between IMC/Agricoís ownership and Lake Hancock, has been cooperative and representatives of the interested parties are currently examining the routes of access for the draglines and mining infrastructure which will be mutually acceptable.

 

IMC/Agrico stated that the project would be marginally feasible only if the royalties on the sovereign minerals were waived. The 1987 report supports this statement. It is estimated that the royalties would amount to something between $5.4 to 7.6 million. This amount may be considered as payment for removing or immobilizing the sediment from the unmined portion of the lake. The cost of removal or immobilizing the sediment without mining is projected from the 1987 estimates to be $30 million; approximately 47 percent (2,136 acres) of the lake is anticipated to be mined and reclaimed, leaving 53 percent (2,417 acres) to experience sediment removal or immobilization at a prorated cost of $15.9 million. This cost of $6,587 per acre to restore Lake Hancock is approximately the amount spent per acre ($7,800) to restore Banana Lake.

 

Development of sinkholes is a not uncommon occurrence in this part of Polk County. It has been reported that one has occurred in the southwestern portion of Lake Hancock. IMC/Agrico is unwilling to accept unlimited liability for sinkhole(s) which might occur during a mining/reclamation project. Staff would suggest a lease provision directing the company to fill any sinkhole(s) which might occur in the same manner currently used in the area.

 

Staff would also suggest a lease condition prohibiting mining activities in a zone 50 feet waterward of the shoreline with the lake level at 98.5 feet MSL or 50 feet waterward of the of the shoreline vegetation, which ever is most waterward, except for access and dike tieouts.

 

The lease would become effective on receipt of the required permits.

 

The lease would provide that the portion of the lake not being actively mined be available for the traditional uses including commercial fishing.

 

There is a small but active commercial fishery targeting exotic Tilapia spp. that objects to the proposal to alter the existing water quality of the lake. They note that decreasing the nutrients will adversely impact the species which are their target. Tilapia spp. are common in water bodies in this part of the state.

 

(See Attachment 17, Pages 1-31)

 

RECOMMEND APPROVAL WITH CONDITIONS AS STATED