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BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND MAY 11, 1999
Item 1 Minutes Submittal of the Minutes of the March 23, 1999 Cabinet Meeting. RECOMMEND ACCEPTANCE
Item 2 Nature Coast Industries, Inc. Aquaculture Lease
Transfers REQUEST: Consideration of a request to transfer 18 individual
aquaculture leases, consisting of 42 acres, to Nature Coast Industries,
Inc. COUNTY: Levy TRANSFEREE: Nature Coast Industries, Inc., a Florida corporation
LOCATIONS: Gulf Jackson, Derricks and Pelican Reef high-density
lease areas located in the Gulf of Mexico, in the vicinity of Cedar Key,
Florida. CONSIDERATION: N/A STAFF REMARKS: On June 16, 1992, the Board of Trustees granted
the Department of Environmental Protection (DEP) authority to issue 71
aquaculture leases in Levy County. In response to requests from the Levy
County Board of County Commissioners, additional acreage was made available
for aquacultural development. On August 8, 1995, and on March 11, 1997,
authority was granted to issue 131 additional leases in Levy County, bringing
the total to 220 aquaculture leases, which account for 572 acres of sovereignty
submerged lands. Nature Coast Industries, Inc., (NCI) initially requested that 17 aquaculture
leases and two aquaculture lease applications be transferred from individual
leaseholders to the corporation. The two aquaculture lease applications
have subsequently been approved and the actual leases will be transferred
if approved; also, one request for a lease transfer has been withdrawn.
Additionally, two officers of NCI requested that their individual leases
be reassigned to the corporation; these transactions have been completed
administratively. Each lease referenced in Nature Coast Industries' request
provides that it may be subleased, assigned or otherwise transferred upon
written consent of the Lessor. Since 1994, the Division of Marine Resources,
through its delegation of authority, has transferred or reassigned approximately
125 aquaculture leases; approximately 50 lease transfers, in whole or
in part, have been approved in Levy County. However, the transfer of 18 leases to a single corporate entity has
prompted concern from some members of the clam-farming community. Concerns
have focused on two issues: first, the transfer of leases that were provided
to participants in aquaculture training programs, and second, concerns
about competition, economic advantage and other issues associated with
the small farmer versus the corporate farm. The first concern deals with
individuals who were issued a free lease as part of a training program,
and who subsequently transfer that lease to a corporation. This concern
is based on the premise that transferring these leases to a business is
not consistent with the training programs' intent to encourage local economic
development by assisting displaced commercial fishermen. The request includes the transfer of five leases, accounting for 16 acres, that were issued to training program participants. In the past, 18 leases that were initially issued to training program participants have been transferred in whole or in part to other entities. The transfers to NCI could have been approved similarly, except that the number of leases and the amount of acreage distinguish this action from other administrative transfers. The transfers to NCI constitute about 26 percent of the lease transfers in Levy County, and 22 percent of the transfers involving leases originally issued to training program participants. Board of Trustees Agenda - May 11, 1999 Page Two
Item 2, cont. Staff's recommendation for approval takes into account that several
options have been offered to local commercial fishermen and their families
to assist them in obtaining leases. Two training programs have been offered
and preference has been given to commercial fishermen and their families
when lease sites have been available. Since most displaced fishermen have
already been given the opportunity to apply for a lease, this request
is not considered to be in direct conflict with the goal of assisting
affected fishermen. Estimates indicate that only 24 of the initial 107
program participants are no longer leaseholders. The second concern involves issues associated with big business versus
small business. Some members of the clam farming industry are alarmed
that a corporation would have advantages in the market that would be detrimental
to small family producers. The transfer of 18 aquaculture leases, accounting
for 42 acres, represents a unique and unprecedented request by a single
corporate entity. These requests and current holdings by NCI officials
bring the company's leaseholds to about 54 acres. For the most part, economic advantage in the business world has not
been a primary factor in approving or denying lease transfers. The DEP,
recognizing the Board of Trustees' intent to assist displaced fishermen,
has sought to encourage local economic development by providing alternative
employment through shellfish farming. However, staff also recognizes that
not everyone that participated in these training programs would be successful
clam farmers, since failure is a realistic element in high-risk aquaculture
ventures. Because this type of business venture is not for everyone, staff
believes that it is in the state's best interest to allow non-producing
leases to be transferred to other individuals or entities that would bring
them into production. Florida Statutes and Florida Administrative Code do not specifically
address the issue of how much sovereign submerged land can be held by
a single entity. Section 18-21 (2)(l) 8.e., F.A.C., applies to the size
of single aquaculture lease parcels, but has not been applied to overall
holdings or lease transfers. In this case, a single entity will hold multiple
leases where the size of the individual leases will not exceed the limits
provided, while the total amount of acreage held will exceed these limits.
In the past, staff has recommended approval or denial based on the applicant's
ability to develop all of the leases. In this case, staff has determined
that NCI is capable of complying with its proposed business plan. A consideration of the status of any local government comprehensive
plans was not made for this item. The DEP has determined that the proposed
actions are not subject to the local government planning process. (See Attachment 2, Pages 1-52) RECOMMEND APPROVAL
Item 3
USFWS Lease Modification/Land Exchange for Proposed Aquaculture Use
Zone REQUEST: Consideration of authorization to negotiate with the
United States Department of Interior, Fish and Wildlife Service to modify
an existing lease by exchanging parcels of sovereign submerged lands and
uplands for a parcel of submerged lands to establish an Aquaculture Use
Zone. COUNTY: Indian River APPLICANT: Indian River County Board of County Commissioners Board of Trustees Agenda - May 11, 1999 Page Three
Item 3, cont. LOCATION: Section 32, Township 30 South, Range 39 East, near
the City of Sebastian, in the Indian River, east of the Atlantic Intracoastal
Waterway. CONSIDERATION: The lease fees for proposed leases within the
Aquaculture Use Zone represent (1) a base annual rent of $15.58 per acre
or fraction thereof; and (2) an annual surcharge, representing $5 per
acre or fraction thereof, for deposit in Marine Resource Conservation
Trust Fund. Pursuant to section 370.16(4)(b), F. S., each applicant's
lease fee shall be adjusted on January 1, 2000, and every five years thereafter,
based upon the five year average change in the Consumer Price Index. STAFF REMARKS: This request represents Phase II of a two-phase
program to establish an "Aquaculture Use Zone" in Indian River
County. This action is the culmination of cooperative efforts between
the Department of Environmental Protection (DEP), the Pelican Island National
Wildlife Refuge, and the Indian River Board of County Commissioners. The
proposed "Aquaculture Use Zone" is located within the present
boundaries of the Pelican Island National Wildlife Refuge. This tract
of submerged land was identified by the DEP and the U.S. Fish and Wildlife
Service, and determined to be appropriate for aquacultural use. The proposed
tract of submerged land provides the only opportunity for developing shellfish
aquaculture in Indian River County. If approved, the Aquaculture Use Zone
would become the key component in establishing a fisheries revitalization
program to assist fishermen that were adversely affected by recent fishery
restrictions and would promote local economic development. Establishing the Aquaculture Use Zone will require modifying the Pelican
Island National Wildlife Refuge's lease, which currently preempts about
4,640 acres. The proposed project has been divided into two phases: the
completion of Phase I and Phase II will result in approximately 125 acres
of submerged lands being designated for the Aquaculture Use Zone. In Phase I of the project, the lease agreement with the wildlife refuge
was modified to exchange 46.92 acres of submerged lands on an acre-for-acre
basis. Four existing submerged land leases within the boundary of the
refuge were exchanged for six new lease parcels occupying an equal number
of acres within the Aquaculture Use Zone. The lease agreement with the
wildlife refuge was amended and administered by the Division of State
Lands, and six aquaculture leases were subsequently issued by the Division
of Marine Resources. Phase II of the project includes an additional tract of approximately
85 acres that will be subdivided into smaller individual aquaculture leases
(two-acre parcels) that will occupy about 78 acres. The proposed modifications
to the existing lease include exchanging a parcel of submerged lands currently
held under lease by the Pelican Island National Wildlife Refuge for state-owned
uplands and submerged lands that are contiguous with the refuge, including
Pete's No. 3 and Birds mosquito control impoundments. Implementation of
the Aquaculture Use Zone will require modifications to the refuge's current
lease only, and no additional lands will be deeded or otherwise transferred
to the Pelican Island National Wildlife Refuge as part of this action.
The Division of State Lands will administer modifications to the lease
agreement when negotiations have been completed. In return for the submerged lands being removed from the wildlife refuge's lease, the U.S. Fish and Wildlife Service seeks the inclusion of certain properties that are not currently within the refuge's lease. In exchange for the submerged lands that will be included in the Aquaculture Use Zone, approximately 200 acres of uplands and submerged lands, including Pete's and Bird's mosquito control impoundments, will be included in the refuge's modified lease. This transaction would complete the refuge's efforts to acquire or lease all of the private and public property contiguous with the refuge, consolidate the refuge boundary, and facilitate management of the refuge. Additionally, the current lease would be modified to provide Board of Trustees Agenda - May 11, 1999 Page Four
Item 3, cont. authority for the U.S. Fish and Wildlife Service to enforce a "no
access zone'' around Pelican Island. This "no access zone" would
specifically include only those waters within a 125-meter radius around
Pelican Island, and would not include other submerged lands or waters
within the refuge's boundaries. The negotiated lease agreement will be brought back before the Board
of Trustees to approve all modifications before Phase II of the Aquaculture
Use Zone is authorized. When the Aquaculture Use Zone has been designated,
individual aquaculture leases will be issued to qualified applicants and
include current terms and conditions for aquaculture leases. Section 253.68, F.S., recognizes aquaculture as a practicable resource
management alternative to produce marine aquaculture products, to protect
and conserve natural resources, to reduce competition for natural stocks,
and to augment and restore natural populations. Furthermore, section 253.68
(2)(b), F.S., declares that it shall be a policy of the state to foster
aquaculture development when the aquaculture activity is consistent with
the state resource management goals, environmental protection, proprietary
interests, and the state aquaculture plan. A consideration of the status of any local government comprehensive
plans was not made for this item. The DEP has determined that the proposed
actions are not subject to the local government planning process. (See Attachment 3, Pages 1-37) RECOMMEND APPROVAL TO NEGOTIATE WITH THE U.S. FISH AND WILDLIFE
SERVICE TO MODIFY AN EXISTING LEASE BY EXCHANGING SOVEREIGN SUBMERGED
LANDS AND UPLANDS FOR SUBMERGED LANDS TO ESTABLISH AN AQUACULTURE USE
ZONE
Item 4 Rebecca Slaton Option Agreement/Florida Keys
Ecosystem CARL Project REQUEST: Consideration of an option agreement to acquire
1.47 acres within the Florida Keys Ecosystem CARL project from Rebecca
Slaton. COUNTY: Monroe LOCATION: Section 19, Township 66 South, Range 29 East CONSIDERATION: $13,300 APPRAISED BY REVIEW Hrabko APPROVED PURCHASE OPTION NO. PARCEL ACRES (05/18/98) VALUE PRICE DATE 908005 Slaton/3074 1.47 $13,300 $13,300 $13,300 150 days after BOT approval STAFF REMARKS: The Florida Keys Ecosystem CARL project is ranked number 4 on the CARL Priority Project List approved by the Board of Trustees on February 10, 1998, and is eligible for negotiation under the Division of State Lands' (DSL) Land Acquisition Workplan. The project contains 7,033 acres, of which 1,216.22 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 5,815.31 acres or 83 percent of the project will remain to be acquired. Board of Trustees Agenda - May 11, 1999 Page Five
Item 4, cont. On March 12, 1996, the Board of Trustees exercised its authority under
section 259.041(1), F.S., to waive the normal appraisal procedures and
to substitute other reasonably prudent procedures. This enabled the DSL
to utilize approved appraised values that were based on land use regulations
in effect as of January 1, 1996, in Monroe County. 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 survey, an environmental site evaluation
and, if necessary, an environmental site assessment will be provided by
the purchaser prior to closing. The unique pine rocklands and hardwood hammocks of the Florida Keys,
forests of West Indian plants that shelter several extremely rare animals,
are being lost to the rapid development of these islands. The Florida
Keys Ecosystem CARL project will protect all the significant unprotected
hardwood hammocks left in the Keys and many rare plants and animals, including
the Lower Keys marsh rabbit and the Key deer. It will also help protect
the Outstanding Florida Waters of the Keys, the recreational and commercial
fisheries, and the reefs around the islands, and will give residents and
visitors more areas in which to enjoy the natural beauty of the Keys. This property will be managed by the Florida Game and Fresh Water Fish
Commission for the conservation and preservation of the natural resources
of the property. This acquisition is consistent with section 187.201(10), F.S., the Natural
Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 4, Pages 1-17) RECOMMEND APPROVAL
Item 5 Kersey Purchase Agreement/Hrosso Option Agreement/Coupon
Bight/Key Deer CARL Project REQUEST: Consideration of a purchase agreement and an option
agreement to acquire 9.47 acres within the Coupon Bight/Key Deer CARL
project from Patricia M. Kersey and Marilyn R. Hrosso, respectively. COUNTY: Monroe LOCATION: Sections 23 and 26, Township 66 South, Range 29 East CONSIDERATION: $486,000 APPRAISED BY CLOSING/ REVIEW Marr APPROVED PURCHASE OPTION NO. PARCEL ACRES (10/02/98) VALUE PRICE DATES 908006 Kersey/5964 0.40 $ 50,000 $ 50,000 $ 50,000 150 days after BOT approval Marr (04/27/98) 908007 Hrosso 9.07 $485,000 $485,000 $436,000 9065/9067 9.47 $535,000 $486,000 Board of Trustees Agenda - May 11, 1999 Page Six
Item 5, cont. STAFF REMARKS: The Coupon Bight/Key Deer CARL project is ranked
number 2 on the CARL Mega-Multiparcel Project List approved by the Board
of Trustees on February 10, 1998, and is eligible for negotiation under
the Division of State Lands' (DSL) Land Acquisition Workplan. This
project contains 1,827 acres, of which 656.11 acres have been acquired
or are under agreement to be acquired. After the Board of Trustees
approves these agreements, 1,161.42 acres or 64 percent of the project
will remain to be acquired. On March 12, 1996, the Board of Trustees exercised its authority under
section 259.041(1), F.S., to waive the normal appraisal procedures and
to substitute other reasonably prudent procedures. This enabled the DSL
to utilize approved appraised values that were based on land use regulations
in effect as of January 1, 1996, in Monroe County. 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. Title insurance policies, surveys, environmental site evaluations and,
if necessary, environmental site assessments will be provided by the purchaser
prior to closing. The subtropical pine forests of rapidly developing Big Pine Key and
the islands around it are the home of the endangered Key deer as well
as of many Caribbean plants found nowhere else in the country. Rich coral
reefs and other hardbottom communities flourish in the shallow water around
the islands. The Coupon Bight/Key Deer CARL project will protect the remaining
undeveloped land on Big Pine and No Name Keys, without which the Key deer
will not survive; protect the water quality of the Coupon Bight Aquatic
Preserve and the other waters surrounding the islands; and provide the
public an area to appreciate the unique natural world of this part of
Florida. These parcels will be managed by the U.S. Fish and Wildlife Service
as part of the Key Deer National Wildlife Refuge. These acquisitions are consistent with section 187.201(10), F.S., the
Natural Systems and Recreational Lands section of the State Comprehensive
Plan. (See Attachment 5, Pages 1-35) RECOMMEND APPROVAL
Item 6 Two Option Agreements/One
Purchase Agreement/East Everglades CARL Project REQUEST: Consideration of authorization to acquire 100 percent
interest in 20.89 acres within the East Everglades CARL project from three
separate owners. COUNTY: Miami-Dade LOCATION: Section 09, Township 52 South, Range 39 East; and
Sections 04 and 18, Township 54 South, Range 39 East CONSIDERATION: $170,700 Board of Trustees Agenda - May 11, 1999 Page Seven
Item 6, cont. STAFF REMARKS: The East Everglades CARL project is ranked number
3 on the MegaMultiparcel CARL List approved by the Board of Trustees
on February 10, 1998, and is funded under the Division of State Lands'
Land Acquisition Workplan. The area known as the East Coast Buffer covers
72,230 acres. Of this, 2,588 acres will be protected by mitigation and
29,646 acres are of a lower priority, including land owned by local governments
and acres that may not need to be acquired. Of the remaining 39,996 acres
proposed for acquisition, the South Florida Water Management District
(District) previously acquired 16,899 acres. After the Board of Trustees
approves these acquisitions, 23,076.11 acres or 58 percent of the area
will remain to be acquired. The East Coast Buffer consists of approximately 72,230 acres of marshes,
reservoirs, and groundwater recharge areas in Palm Beach, Broward and
Dade counties. However, the most significant aspect of the East Coast
Buffer is its role in restoring the Everglades. In 1992, Congress authorized
the U.S. Army Corps of Engineers (COE) to conduct a restudy of the Central
and Southern Florida Project. The reconnaissance report for this restudy
was completed in 1994 and the COE incorporated the East Coast Buffer in
its analysis, referring to the area as the "Water Preserve Areas".
The purpose of the East Coast Buffer/Water Preserve Areas is to: (1)
increase storage and hold more water in the system by controlling seepage
from the Everglades, thus restoring more natural Everglades hydropatterns;
(2) capture and store excess stormwater currently discharged to coastal
waters, thus retaining an important water supply source for both urban
and natural systems; (3) provide a buffer between the natural and developed
areas; (4) preserve and protect wetlands outside the publicly-owned Everglades;
and (5) provide important transitional land uses between the natural and
developed areas. East Coast Buffer/Water Preserve Areas may also enhance
flood control in areas to the east of these lands. The East Coast Buffer
lands are under intense development pressure in all counties. Therefore,
immediate public acquisition is needed to preserve and enhance wetlands
and preserve opportunities for the restoration of the Everglades ecosystem. To implement this restoration, during the last decade the District has
acquired over 16,000 acres at a cost of $119,000,000. In anticipation
of the Board of Trustees' participation in this effort, the East Coast
Buffer was added to the East Everglades CARL project on March 15, 1996.
District funding is now limited but the District offered to take the lead
in acquiring the property on behalf of the Board of Trustees. On December
8, 1998, the Board of Trustees authorized staff to enter into an acquisition
agreement to acquire various ownerships located in the East Coast Buffer
portion of the East Everglades CARL project in accordance with section
259.041(16), F.S., utilizing the procedures set out in section 373.139,
F.S. 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 by the Board
of Trustees. Since the land being acquired will be part of a federal project,
federal acquisition procedures are being used. On behalf of the District, The Nature Conservancy has acquired two options
to purchase two parcels and the District has acquired an agreement for
sale and purchase for one parcel, all at 100 percent of appraised value.
Pursuant to the terms of the acquisition agreement, the District shall
be reimbursed for all costs associated with acquiring the three properties,
including pre-acquisition and closing related costs. The Board of Trustees'
purchase price will be 100 percent of the contract price negotiated by
the District plus 100 percent of the cost incurred in the purchase of
the properties. Title to the properties acquired will vest in the Board
of Trustees. As provided for in the acquisition agreement, the Governing Board of the District adopted Resolution 99-12 requesting the Board of Trustees' share of the purchase price for the three parcels, reimbursement of 100 percent of its pre-acquisition costs and reimbursement of 100 Board of Trustees Agenda - May 11, 1999 Page Eight
Item 6, cont. percent of its closing costs. Pursuant to the acquisition agreement,
the pre-acquisition and closing costs will be reimbursed from CARL incidental
expense funds. The District's resolution contains all of the assurances
required by the acquisition agreement. The East Coast Buffer portion of the East Everglades CARL project will
be managed by the District in conjunction with COE Everglades restoration
projects. As local sponsor for the restoration projects, the District
is required to hold a title interest sufficient to meet COE certification
requirements. While the COE would prefer the sponsor to hold fee title,
section 259.101(3)(g), F.S., states that title to lands acquired with
P2000 funds under the CARL program must vest in the Board of Trustees.
The acquisition agreement includes a provision whereby the Board of Trustees
will convey to the District an easement consistent with section 253.034(4),
F.S., for any lands acquired under this agreement that are to become part
of a COE approved Everglades restoration project. Department of Environmental
Protection staff is currently working with the COE and the District to
develop an easement sufficient for COE certification. The COE will require
the easement to include a statement that the land interest will not be
impaired during the life of the project and that the COE is granted an
irrevocable right to enter the project lands for the purpose of constructing,
inspecting, completing, operating, repairing, maintaining, replacing or
rehabilitating the projects. In the event that the COE determines that
fee title is required to meet certification requirements, statutes would
need to be amended to permit entities other than the Board of Trustees
to hold title to lands acquired with P2000 funds. This acquisition is consistent with section 187.201(10), F.S., the Natural
Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 6, Pages 1-25) RECOMMEND APPROVAL
Item 7 Four Purchase Agreements/Save Our Everglades
(Golden Gate Estates South) CARL Project REQUEST: Consideration of four purchase agreements to acquire
120 acres within the Save Our Everglades (Golden Gate Estates South) CARL
project from Richard S. Fish, Sergio Arguez and Francisia Arguez, Michael
Jay McAlhany, and Ronnie Sydney Klein. COUNTY: Collier LOCATION: Section 22, Township 50 South, Range 28 East CONSIDERATION: $336,000 APPRAISED BY REVIEW PARCEL/ Hettema APPROVED PURCHASE CLOSING NO. OWNER ACRES (01/12/99) VALUE PRICE DATE 908001 Fish 20 $ 56,000 $ 56,000 $ 56,000 150 days after 908002 Arguez 20 $ 56,000 $ 56,000 $ 56,000 BOT approval 908003 McAlhany 60 $168,000 $168,000 $168,000 908004 Klein 20 $ 56,000 $ 56,000 $ 56,000 120 $336,000 $336,000 STAFF REMARKS: The Save Our Everglades CARL project is ranked number 4 on the CARL Mega-Multiparcel Project List approved by the Board of Trustees on February 10, 1998, and is eligible for negotiation under the Division of State Lands' Land Acquisition Board of Trustees Agenda - May 11, 1999 Page Nine
Item 7, cont. Workplan. The project contains 222,691 acres, of which 198,859.75 acres
have been acquired or are under agreement to be acquired. After the Board
of Trustees approves these agreements, 23,711.25 acres or 11 percent of
the project will remain to be acquired. These properties are being acquired utilizing federal acquisition procedures
as a condition of the award of a $25 million Farm Bill grant from the
U.S. Department of Interior to the Department of Environmental Protection
for the purchase of lands within the Save Our Everglades (Golden Gate
Estates South) CARL project. 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. Title insurance policies, surveys, environmental site evaluations and,
if necessary, environmental site assessments will be provided by the purchaser
prior to closing. West of the huge sawgrass marsh of the central Everglades spreads a
landscape of cypress swamps, marshes, slash-pine flatwoods, and tropical
hammocks, through which water slowly flows to the mangrove swamps of the
Ten Thousand Islands. The Save Our Everglades CARL project will conserve
three large pieces of this landscape, connecting and extending existing
conservation lands, helping to save the last of the Florida panthers and
a host of other rare animals and tropical plants, preserving the flow
of water to the rich estuaries of the Gulf coast, and allowing the public
to enjoy this unique landscape for years to come. These properties will be managed by the Department of Agriculture and
Consumer Services, Division of Forestry as a 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 7, Pages 1-15) RECOMMEND APPROVAL
Item 8 Twelve Option Agreements/Three Purchase Agreements/Corkscrew
Regional Ecosystem Watershed CARL Project REQUEST: Consideration of authorization to acquire 100 percent
interest in 95 acres within the Corkscrew Regional Ecosystem Watershed
CARL project from fifteen separate owners. COUNTY: Lee LOCATION: Sections 25 through 27, 35 and 36, Township 47 South,
Range 26 East CONSIDERATION: $166,000 STAFF REMARKS: The Corkscrew Regional Ecosystem Watershed (CREW) CARL project is ranked number 11 on the CARL Bargain\Shared Project List approved by the Board of Trustees on February 10, 1998, and qualifies for purchase under the Division of State Lands' Land Acquisition Workplan. The project contains 59,008 acres, of which 20,055 acres have Board of Trustees Agenda - May 11, 1999 Page Ten
Item 8, cont. been acquired by the South Florida Water Management District (District)
and Lee County, and 1,179.5 acres have been acquired by or are under contract
to the Board of Trustees. After the Board of Trustees approves these acquisitions,
37,678.5 acres or 64 percent of this project will remain to be acquired. When the CREW project was added to the CARL list in 1991, a limit was
placed on the CARL involvement to encourage local participation in the
project. The project was initially planned to be a four party project
with equal participation by Lee and Collier counties, the District and
the Board of Trustees. To encourage this participation, the Land Acquisition
Advisory Council (LAAC) placed both a geographical and financial restriction
on the CARL participation in the project. Based on the fact that the Board
of Trustees' share of the overall purchase was to be 25 percent and the
initial project cost estimate was $40 million, a $10 million "cap"
was imposed and acquisition efforts were limited to the Camp Keis Strand
Corridor. While both Lee County and the District began acquiring land within the
project, participation by the Division of State Lands and Collier County
was stalled. In the CARL acquisition area (Camp Keis Strand), the Collier
family was the largest owner. They were pursuing an exchange with the
federal government and were unwilling to consider a sale to the Board
of Trustees while these efforts were underway. Collier County's bond referendum
did not pass and it has been unable to contribute to the project. On November 20, 1992, the LAAC modified the project design to remove
the geographical restriction (Camp Keis Strand) but maintained the $10
million cap. The LAAC also limited the CARL match to acquisitions made
by the District after the date of the LAAC meeting. Following this decision,
staff began working with the District to identify lands purchased that
would qualify for the CARL match. Various options to pursue cooperative
purchases were considered. In 1994, the legislature enacted section 259.041, F.S., which provided
the authority to adopt District procedures for joint acquisitions. On
June 27, 1995, the Board of Trustees authorized staff to enter into an
acquisition agreement with the District to acquire various ownerships
located within the CREW CARL project in accordance with section 259.041(16),
F.S., utilizing the procedures set out in section 373.139, F.S. At the
time the original agreement was entered into, the LAAC-imposed cap on
funding was still in effect. The District had already made some purchases
in the project and requested that the Board of Trustees match the District's
contribution by paying 100 percent of the cost until the Board of Trustees'
expenditures equaled the District's. However, since the estimated cost
of the parcels remaining to be acquired in the project exceeded $20 million,
a 50/50 match on each succeeding acquisition would exhaust the Board of
Trustees' funding limit of $10 million before the project acquisition
was completed. For this reason, a 50/50 agreement was recommended and
approved. On October 30, 1995, the LAAC expanded the project boundary, eliminated the $10 million cap and designated the project a shared acquisition with the District. As a shared acquisition, the District and the Board of Trustees are each expected to spend the same amount in acquiring land within the project. Since the District has already made some purchases for which it would be credited, staff agreed that it would be appropriate for the Board of Trustees to match those purchases called for under the acquisition agreement. Therefore, the acquisition agreement was amended to provide that the Board of Trustees purchase $13,360,000 worth of land in the project at its sole cost and expense before the 50/50 shared acquisitions will resume. The District has provided documentation, acceptable to the Division of State Lands, establishing the District's expenditure in this project. Following the Board of Trustees' authorization of these acquisitions, $2,040,731 worth of land will have been purchased by the Board of Trustees towards matching the District's purchases in this project. The remaining matching balance will be $11,319,269. Board of Trustees Agenda - May 11, 1999 Page Eleven
Item 8, cont. On behalf of the District, The Nature Conservancy has acquired twelve
options to purchase thirteen parcels and the District has acquired three
agreements for sale and purchase, all at 100 percent of appraised value.
Pursuant to the terms of the amended acquisition agreement, the District
shall be reimbursed for all costs associated with acquiring the twelve
properties, including pre-acquisition and closing related costs. The Board
of Trustees' purchase price will be 100 percent of the contract price
negotiated by the District plus 100 percent of the cost incurred in the
purchase of the properties. Title to the properties acquired will vest
in the Board of Trustees. As provided for in the amended acquisition agreement, the Governing
Board of the District adopted Resolutions 99-27 and 99-28 requesting the
Board of Trustees' share of the purchase price for the sixteen parcels,
reimbursement of 100 percent of its pre-acquisition and reimbursement
of 100 percent of its closing costs. Pursuant to the amended acquisition
agreement, the pre-acquisition and closing costs will be reimbursed from
CARL incidental expense funds. The District's resolutions contain all
of the assurances required by the amended acquisition agreement. These properties will be managed by the District as a conservation and
preservation area with passive public use. 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 1-36) RECOMMEND APPROVAL Item 9 Robinson Option Agreement/Survey Waiver/Shell
Island Project REQUEST: Consideration of (1) an option agreement to acquire
0.14 acre within the Shell Island Division of Recreation and Parks' Additions
and Inholdings project from Jerry E. Robinson and Joyce Jean Robinson;
and (2) a request for survey waiver. COUNTY: Bay LOCATION: Section 31, Township 04 South, Range 14 West CONSIDERATION: $13,000 APPRAISED BY REVIEW Presley APPROVED PURCHASE OPTION NO. PARCEL ACRES (05/31/96) VALUE PRICE DATE 908008 Robinson/M 0.14 $13,000 $13,000 $13,000 150 days after BOT approval STAFF REMARKS: The Shell Island project has been identified on the Division of Recreation and Parks' Additions and Inholdings List. This agreement was negotiated by the Division of State Lands (DSL) on behalf of the Division of Recreation and Parks (DRP) under the State Parks Additions and Inholdings Preservation 2000 program. The project contains 12 acres, of which 3.17 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 8.69 acres or 72 percent of the project will remain to be acquired. Board of Trustees Agenda - May 11, 1999 Page Twelve
Item 9, cont. All mortgages and liens will be satisfied at the time of closing.
In the event the commitment for title insurance, to be obtained prior
to closing, reveals any other encumbrances which may affect the value
of the property or the proposed management of the property, staff will
so advise the Board of Trustees prior to closing. The property is on an
island and can only be accessed over and across sovereignty land. Staff requests that the Board of Trustees, pursuant to its authority
under section 259.041(1), F.S., waive any portions of chapter 259, F.S.,
and any applicable rule or policy that may require a survey on this parcel.
It is the opinion of the Bureau of Survey and Mapping that available boundary
information is sufficient to reasonably protect the public's interest.
While this parcel is being recommended for a waiver of survey at this
time, should the title commitment reveal a substantive surveying or surveying
related issue which impacts the parcel, a certified survey will be provided
by the purchaser prior to closing. In the event a full survey is waived,
a professional land surveyor will inspect the property for any visible
evidence of improvements or potential boundary issues. In cooperation
with the managing agency, the DSL will acquire any special purpose survey
work necessary for the effective management of this property. A title insurance policy, an environmental site evaluation and, if necessary,
an environmental site assessment will be provided by the purchaser prior
to closing. This property will be managed by the DRP as an addition to the St. Andrews
State Recreational Area. This acquisition is consistent with section 187.201 (10), F.S., the
Natural Systems and Recreational Lands section of the State Comprehensive
Plan. (See Attachment 9, Pages 1-24) RECOMMEND APPROVAL
Item 10 The Nature Conservancy, Inc., Assignment of
Option Agreement/Tate's Hell State Forest Project REQUEST: Consideration of the acceptance of the assignment of
an option agreement to acquire 13,252 acres within the Tate's Hell State
Forest Additions and Inholdings project by the Department of Agriculture
and Consumer Services, Division of Forestry under the Preservation 2000
program from The Nature Conservancy, Inc. COUNTIES: Liberty and Franklin APPLICANT: Department of Agriculture and Consumer Services, Division
of Forestry LOCATION: Sections 22 through 27 and 34 through 36, Township
05 South, Range 07 West; and Sections 19 through 22 and 27 through 34,
Township 05 South, Range 06 West CONSIDERATION: $9,942,125 ($9,867,125 for the acquisition; $75,000
for the purchase of the option agreement) Board of Trustees Agenda - May 11, 1999 Page Thirteen
Item 10, cont. APPRAISED BY REVIEW PARCEL Ryan Diskin APPROVED PURCHASE OPTION NO. NAME ACRES (12/08/98) (12/08/98) VALUE PRICE DATE 908009 St. Joe 13,252* $10,225,000 $9,617,000 $10,141,000 $9,867,125 May 31, 1999 (Sumatra) *Acreage amount was revised on April 8, 1999. Approved value was revised on April 8, 1999, due to a decrease in acreage. STAFF REMARKS: This acquisition was negotiated by The Nature
Conservancy, Inc. (TNC) for the Department of Agriculture and Consumer
Services, Division of Forestry (DOF) under its Preservation 2000 Additions
and Inholdings program. The Tate's Hell State Forest Additions and Inholdings
project contains 13,252 acres. After the Board of Trustees approves this
agreement, the project will be complete. Pursuant to a multi-party agreement entered into between the Division
of State Lands (DSL), DOF and TNC, TNC has acquired an option to purchase
this 13,252-acre parcel from St. Joe Timberland Co., Inc., (St. Joe),
a Florida corporation. After this acquisition is approved, the Board of
Trustees will acquire the option from TNC for $75,000, which represents
agreed upon compensation to TNC for overhead associated with acquiring
the option. The assignment of option agreement provides that payment to
TNC is contingent upon the Board of Trustees successfully acquiring the
property from the owner. The assignment of option agreement further provides
that in no event will the purchase price for the option and the purchase
price of the property exceed the DSL approved value of the property. All mortgages and liens will be satisfied prior to the time of closing.
Approximately 5,832 acres of the property are encumbered by outstanding
oil, gas and mineral interests and leases. The outstanding oil, gas and
mineral interest is a 50 percent reservation that was created in December
1952, in favor of C. K. and Margaret Wall and T. A. and Mary M. Liefield,
to run indefinitely. C. K. and Margaret Wall conveyed their 25 percent
interest to the Florida State University Foundation on October 23, 1973.
The oil and gas leases were created on May 7, 1951, in favor of Humble
Oil and Refining Company, and on August 15, 1973, in favor of Exxon Corporation,
and on April 19, 1978, in favor of Southern Oil Exploration, Inc., all
to run for a period of ten years. Based on available title information,
the leases appear to have expired. The Bureau of Geology has indicated
that three oil test wells were drilled near the subject property and all
were abandoned as dry wells. The Bureau of Geology also indicates that
it does not believe there is much potential for industrial mineral development
at this site, but that the overlying sands and clayey sands might be used
as fill material. The appraisers were aware of the outstanding interests
and took them into consideration when determining the value of the property.
The DOF, the future managing agency, has determined that the property
can be effectively managed subject to the outstanding oil, gas and mineral
interests. There is a hunting lease on the property that will be terminated
prior to 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, an environmental site assessment and a survey
will be provided by the purchaser prior to closing. This property, which will be managed by the DOF as part of Tate's Hell State Forest, is adjacent to the Tate's Hell State Forest and will consolidate state forest boundaries in the area, provide access, and improve overall management of the forest. This property is also bounded on the west and the north by the Apalachicola National Forest. This purchase connects hydrologic and wildlife corridors between state and federal forests. The property will be Board of Trustees Agenda - May 11, 1999 Page Fourteen
Item 10, cont. managed for natural resource conservation and outdoor recreation activities
under a multiple-use management regime. 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 1-46) RECOMMEND APPROVAL
Item 11 Voluntary Dismissal of Petition for Declaratory
Statement/Seminole County DEFERRED FROM THE MARCH 23, 1999, AGENDADEFERRED FROM THE FEBRUARY 9, 1999, AGENDA DEFERRED FROM THE JANUARY 26, 1999, AGENDA REQUEST: Consideration of notification of voluntary dismissal
of a Petition for Declaratory Statement. COUNTY: Seminole STAFF REMARKS: On September 24, 1998, Seminole County (County)
filed a Petition for Declaratory Statement under section 120.565, F.S.,
requesting that the Board of Trustees answer the following questions:
(1) whether "the lands and waters known as Clifton Springs and its
associated waterways are lands and/or waters of the State subject to the
County's enforcement powers under section 253.05, Florida Statutes. .
. "; and (2) whether, in light of the petition, the Board of Trustees
"will seek to enforce any of the State's rights under section 253.04,
Florida Statutes." Petitioner alleges that under section 253.05,
F.S., it has the duty to see that lands owned by the state shall not be
the object of damage, trespass, depredation, or unlawful use. (The petition
does not allege that any such violations of state law are occurring at
Clifton Springs.) Petitioner further alleges that it has an interest in
public lands for the use and benefit of the County's citizens and that
it owns a fish camp parcel proximate to and potentially influenced by
Clifton Springs. It also alleges an undefined "potential threat"
to Lake Jesup (a sovereign lake), to the Sulphur Springs Apphaostracon
(snail), and to the Great Leather Fern. The County's petition was scheduled for consideration by the Board of
Trustees at its meeting held on January 26, 1999, but was deferred first
to February 9, 1999; then to March 23, 1999; and finally to May 11, 1999.
On April 27, 1999, the Seminole County Board of County Commissioners voted
to voluntarily dismiss its petition and filed with the Department of Environmental
Protection "Petitioner, Seminole County's, Notice of Voluntary Dismissal
of Petition for Declaratory Statement." The Department of Environmental
Protection is accordingly notifying the Board of Trustees that the petition
has been voluntarily dismissed. (See Attachment 11, Pages 1-9) RECOMMEND ACKNOWLEDGEMENT OF VOLUNTARY DISMISSAL OF PETITION FOR DECLARATORY STATEMENT Board of Trustees Agenda - May 11, 1999 Page Fifteen
Item 12 Marina Bay Club, Ltd., Quitclaim Deed REQUEST: Consideration of a request to issue of a quitclaim deed
to permit the reclamation of a 0.061-acre (2,659 square-foot) parcel of
privately-owned land lost as a result of artificial erosion and avulsion. COUNTY: Dade APPLICANT: Marina Bay Club, Ltd., a Florida limited partnership
LOCATION: Section 11, Township 52 South, Range 42 East CONSIDERATION: $39,885, as calculated under the provisions of
section 18-21.019, F.A.C. STAFF REMARKS: The applicant is requesting to purchase lands
lost as a result of artificial erosion and avulsion. The subject parcel
has a collapsed bulkhead and the presence of adjacent bulkheads and secondary
wave actions are intensifying the damage. The Department of Environmental Protection (DEP) has determined that
all of the criteria of section 18-21.019, F.A.C., have been met. This
includes: proof of ownership, documentation supporting the location of
the mean high water line prior to and after artificial erosion, documentation
demonstrating the adjacent shoreline is bulkheaded or armored, a legal
description showing the quantity of land does not exceed one-half acre,
the tax assessed value from the county property appraiser's records, the
sale is in the public interest, a copy of the DEP regulatory permit, and
the lands are not located within an aquatic preserve. The sale is in the public interest since the deed will contain language
reserving lateral public access. Also, the presence of the adjacent bulkheads
might cause a continued deterioration of the subject parcel and ultimately
affect the adjoining lots. A consideration of the status of the local government comprehensive
plan was not made for this item. The DEP has determined that the proposed
action is not subject to the local government planning process. (See Attachment 12, Pages 1-21) RECOMMEND APPROVAL
Item 13 Thomas Overstreet Quitclaim Deed REQUEST: Consideration of request to issue of a quitclaim deed
for the Board of Trustees' interest in a 1.7-acre (74,052 square-foot)
parcel, more or less, of possibly filled sovereignty submerged lake bottom. COUNTY: Pinellas APPLICANT: Thomas Overstreet LOCATION: Section 08, Township 27 South, Range 16 East CONSIDERATION: $2,200 representing the (1) current appraised value, as approved by the Bureau of Appraisal, of the possibly filled sovereignty submerged lake bottom land as it existed prior to filling; and (2) application fee. Board of Trustees Agenda - May 11, 1999 Page Sixteen
Item 13, cont. STAFF REMARKS: The applicant is proposing to purchase the Board
of Trustees' interest in a parcel of possibly filled land in Lake Tarpon. On June 19, 1998, the Division of State Lands (DSL) was contacted by
a title company inquiring whether the state had any title interest in
a ditch leading to Lake Tarpon. The ditch is located on a parcel of land
that includes a peninsula occupied by a single-family residence. The current
owner has placed the property on the market. There have been several offers
made but the sale is pending upon the resolution of the title issue. The DSL researched title records on file in its Title and Land Records
Section, but could find no evidence that the uplands were owned by the
Board of Trustees. The applicant has provided a deed indicating their
riparian ownership to the lake. Since the peninsula is surrounded by the
waters of Lake Tarpon, a navigable, state-owned waterbody, the DSL reviewed
historical maps. These maps indicate that sometime after 1943, the shoreline
dramatically changed, resulting in the appearance of additional lands.
While no evidence has been discovered to show what actually happened,
one possible explanation is that the area was illegally filled by a previous
owner. Another possible explanation is that the older maps, which show
less land, depict the shoreline at a time when the water level in Lake
Tarpon was higher and the peninsula may have been partially submerged.
If the land was illegally filled, then technically it still belongs to
the Board of Trustees. Since the DSL could not determine what had happened,
it was not able to affirmatively tell the title company or the landowner
that the state had no interest in the property. The title company could not rely on this response for insurance purposes.
The title company then submitted a current survey, but could not provide
historic information to show that the added lands were caused by reasons
other than fill. The DSL located and acquired historic aerial photographs
from Pinellas County. The approximate extent of added land was then digitized
from the aerial photography and calculated to be 1.7 acres. The 1.7 acres
was determined by using the current shoreline location and overlaying
a historic 1942 aerial photograph. This calculation is approximate since
it is possible that these shoreline photographs were taken at different
water levels. This information was sent to the landowner for his review. The landowner asserted that, even if the lands were filled, it would
have been prior to 1951 and therefore eligible for a Butler Act disclaimer.
The Butler Act, however, does not pertain to isolated non-tidal lakes
such as Lake Tarpon. The landowner also argued that if the lands were
filled sovereignty submerged lands, they could be purchased under section
253.12(6), F.S., at the current appraised value prior to filling. The
Department of Environmental Protection (DEP) has determined that this
statute does not pertain to isolated lakes. Article X, Section 11 of the
Florida Constitution states that sale of sovereignty submerged lands may
be authorized by law but only when in the public interest. In an effort
to help the landowner resolve his title issues, DEP suggested one option
might be for him to purchase these lands and obtain a quitclaim deed from
the Board of Trustees. He agreed with this in lieu of a quiet title action.
DEP believes that the proposed conveyance is in the public interest in
light of the following: the parcel does not lend itself to public use,
there is no significant resource value (developed, maintained residential
site); the liability of managing a small, isolated remnant parcel; cost
for restoration; cost and uncertainty of results through litigation; clearing
of title to a parcel of land filled many years prior to the purchase and
occupation of current owner; and elimination of this cloud on the title
for future owners. Although the Board of Trustees, under section 253.03 (1), F.S., has
the authority to dispose of filled formerly sovereignty lands, there are
no guidelines in either the statutes or the Board of Trustees' rules to
determine the amount to charge for such a conveyance. Were the Butler Act to apply, a disclaimer could be issued for no consideration other than an application fee of $500. However, the Butler Act is not applicable in isolated, non-tidal lakes. Board of Trustees Agenda - May 11, 1999 Page Seventeen
Item 13, cont. Under section 253.12 (6), F.S., the Board of Trustees may convey lands
filled prior to June 11, 1957, for an amount equal to their current value
as though not filled. Again, DEP does not believe this provision is applicable
unless the lands were subject to the Butler Act. Finally, section 18-21.013,
F.A.C. provides formulas to be considered when conveying lands filled
after June 11, 1957. This provision is not applicable since the lands
were filled prior to 1957 and this rule does not pertain to isolated lakes
according to DEP. To bring this matter to conclusion, DEP recommends that the Board of
Trustees clear the applicant's title by issuing a quitclaim deed and conveying
the Board of Trustees' interest in the property. DEP also recommends that
the Board of Trustees charge a nominal fee for the conveyance since (1)
even if the land was illegally filled, the applicant did not do it; (2)
even if the land was illegally filled, it was filled prior to 1957; and
(3) DEP has no affirmative proof that the land was filled. DEP recommends
and the applicant has agreed to pay $2,200 which represents the current
value of the land in its unfilled state plus an application fee. In accordance with section 253.115, F.S., the requested conveyance was
advertised and no objections were received. A consideration of the status of the local government comprehensive
plan was not made for this item. The DEP has determined that the proposed
action is not subject to the local government planning process. (See Attachment 13, Pages 1-10) RECOMMEND APPROVAL
Item 14 63rd Street Associates,
Ltd., Release of Restrictions/Conveyance DEFERRED FROM THE APRIL 13, 1999 AGENDA
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