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AGENDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND JUNE 26, 2000 ********************************************************** Item 1 Minutes Submittal of the Minutes of the May 9, 2000 Cabinet Meeting. RECOMMEND ACCEPTANCE ********************************************************* Item 2 SJRWMD Acquisition Agreement/Emeralda Marsh CARL Project REQUEST: Authority to enter into an acquisition agreement with the St. Johns River Water Management District for the Emeralda Marsh CARL project. COUNTIES: Lake and Marion LOCATION: Sections 20 through 22, Township 17 South, Range 25 East; Sections 26 through 35, Township 17 South, Range 25 East; Sections 03 through 05, 08 through 11, 13 through 17, 20 through 24, 26 through 29 and 32 through 34, Township 18 South, Range 25 East; and Sections 04 and 05, Township 18 South, Range 25 East STAFF REMARKS: The Emeralda Marsh CARL project is ranked number 29 on the CARL Bargain/Shared List, as the list appears in the 1999 Second Interim CARL Report, approved by the Board of Trustees on September 28, 1999. The project is currently funded under the Division of State Lands’ (DSL) Land Acquisition Workplan. The project contains 12,002 acres, of which 6,783 acres have been acquired by the St. Johns River Water Management District (District). The proposed agreement covers the remaining 5,219 acres. To facilitate the acquisition of this project, the District has offered to take the lead in the acquisition of this joint project. Department of Environmental Protection (DEP) staff has prepared an agreement that would allow the District to acquire the Emeralda Marsh CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S. On September 13, 1994, 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. On June 14, 2000, the Governing Board of the District approved and executed the agreement. If approved today, staff will execute the agreement on behalf of the Board of Trustees. Incorporated into the agreement are a number of assurances that the District is giving the Board of Trustees in return for its consideration of this agreement. The District has agreed to: (1) comply with the procedures set out in section 373.139, F.S.; (2) defend the Board of Trustees against all title and survey disputes or defects and environmental contamination associated with each acquisition negotiated by the District that were either known or should have been known by the District at the time the District acquired the parcel; and (3) reimburse the Board of Trustees 50 percent of any overpayment of the purchase price if an audit or investigation determines that the purchase price paid exceeded the actual appraised value. Pursuant to the proposed agreement, District staff will obtain and review appraisals, negotiate a purchase contract and secure the approval of its Governing Board. The District will provide the DSL with a board resolution requesting reimbursement of the Board of Trustees' share of the purchase price. DEP staff will seek approval for the Board of Trustees' share of the purchase price for each parcel the District contracts to purchase. In addition, the agreement provides for the District to be reimbursed 50 percent of all costs associated with its attempt to acquire lands within the project, including all pre-acquisition and closing related costs, with the Board of Trustees Agenda – June 26, 2000 Page Two
********************************************************* Item 2, cont. 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 incidental expense funds. If the Board of Trustees approves a specific purchase, the District will proceed to closing with title to be vested jointly, with the District and the Board of Trustees each holding an undivided 50 percent interest. The Emeralda Marsh CARL project will be managed by the Florida Fish and Wildlife Conservation Commission as a wildlife management area, with such uses as wildlife observation, fishing, camping and hiking. This acquisition will be consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 2, Pages 1-8) RECOMMEND APPROVAL ********************************************************* Item 3 DACS/Division of Forestry/TPL Purchase Agreement REQUEST: Consideration of a purchase agreement to acquire 703.3 acres by the Department of Agriculture and Consumer Services, Division of Forestry from the Trust for Public Land. COUNTY: Citrus APPLICANT: Department of Agriculture and Consumer Services, Division of Forestry LOCATION: Sections 14, 23, 24 and 26, Township 20 South, Range 18 East CONSIDERATION: $2,008,750 APPRAISED BY SELLER’S TRUSTEES’ REVIEW Goodman Myers APPROVED PURCHASE PURCHASE PURCHASE NO. PARCEL ACRES (12/02/99) (12/02/99) VALUE PRICE PRICE DATE 001104 Cason/TPL 703.3 $2,110,000 $2,170,000 $2,170,000 $2,008,750 $2,008,750 150 days after BOT approval STAFF REMARKS: This acquisition was negotiated by the Department of Agriculture and Consumer Services, Division of Forestry (DOF) under its Preservation 2000 Inholdings and Additions Program. The seller currently holds an option to purchase the property. The seller’s obligation to convey the property to the purchaser is contingent upon the seller acquiring fee simple title to the property prior to closing this transaction. All mortgages and liens will be satisfied at the time of closing. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for any title issues that arise prior to closing.
Board of Trustees Agenda – June 26, 2000 Page Three
********************************************************* Item 3, cont. A title insurance policy, a survey and an environmental site assessment of the property will be provided by the seller prior to closing. The DOF will reimburse the seller’s cost of the title insurance policy, survey and environmental site assessment. The parcel will be managed by the DOF as an addition to the Withlacoochee State Forest. This acquisition provides additional access, improves the overall management of the Forest, and affords natural resource conservation and outdoor recreation activities under a multiple-use management regime. This acquisition is consistent with section 187.201(23), F.S., the Agriculture section of the State Comprehensive Plan. (See Attachment 3, Pages 1-29) RECOMMEND APPROVAL ********************************************************* Item 4 TNC Assignment of Option Agreement (Dale)/Perdido Pitcher Plant Prairie CARL Project REQUEST: Consideration of the acceptance of an assignment of option agreement to acquire 246.5 acres within the Perdido Pitcher Plant Prairie CARL project from The Nature Conservancy, Inc. COUNTY: Escambia LOCATION: Section 12, Township 03 South, Range 31 West CONSIDERATION: $400,000 ($389,000 for the acquisition; $11,000 for the purchase of the option agreement) APPRAISED BY SELLER’S TRUSTEES’ REVIEW Rogers Martin APPROVED PURCHASE PURCHASE OPTION NO. PARCEL ACRES (06/08/99) (06/25/99) VALUE PRICE PRICE DATE 001107 Dale 246.5 $400,000 $380,000 $400,000 $509,500 $389,000 120 days 71 & 72 after BOT approval STAFF REMARKS: The Perdido Pitcher Plant Prairie CARL project is ranked number 5 on the CARL Priority Project List approved by the Board of Trustees on February 9, 1999, and is eligible for negotiation under the Division of State Lands’ (DSL) Land Acquisition Workplan. This project contains 6,885 acres, of which 2,987.8 acres have been acquired. After the Board of Trustees approves this agreement, 3,650.7 acres or 53 percent of the project will remain to be acquired. Pursuant to a multi-party acquisition agreement entered into between the DSL and The Nature Conservancy, Inc. (TNC), TNC has acquired an option to purchase this parcel from Robert E. Dale, Jr., and Karen H. Dale. After this acquisition is approved, the Board of Trustees will acquire the option from TNC for $11,000, 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 owners. The assignment of option agreement further provides that in no Board of Trustees Agenda – June 26, 2000 Page Four
********************************************************* Item 4, cont. event will the purchase price for the option and the purchase price of the property exceed the DSL approved value of the property. All mortgages and liens will be satisfied at the time of closing. There are outstanding oil, gas and mineral interests in favor of J.C. Pace and Cacilda P. Pace’s beneficiaries per Deed Book 528, Page 92 and OR Book 1455, Page 492. The appraisers took these interests into consideration when determining the value of the property. There is an access easement on the north, west and south sides of the southern half of Parcel 72 which the appraisers determined to have no impact on the value of the parcel. The Division of Recreation and Parks (DRP), the future managing agency, has determined that the interests and the access easement will not affect the management of the property. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for these and any other title issues that arise prior to closing. A 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 pine flatwoods and swamps west of Pensacola are interrupted by wet grassy prairies dotted with carnivorous pitcher plants, some of the last remnants of a landscape unique to the northern Gulf coast. Public acquisition of the Perdido Pitcher Plant Prairie CARL project will conserve these prairies and the undeveloped land around them, helping to protect the water quality of Perdido Bay and Big Lagoon, and giving the public a wealth of opportunities to learn about and enjoy this natural land. This property will be managed by the DRP as part of the Tarkiln Bayou 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 4, Pages 1-24) RECOMMEND APPROVAL ********************************************************* Item 5 Florida Power Corp. Option Agreement/Weedon Island Preserve Greenways and Trails Project REQUEST: Consideration of an option agreement to acquire 43.40 acres within the Weedon Island Preserve project under the Preservation 2000 Greenways and Trails program from Florida Power Corporation. COUNTY: Pinellas APPLICANT: Department of Environmental Protection, Office of Greenways and Trails LOCATION: Sections 20 and 21, Township 30 South, Range 17 East CONSIDERATION: $450,000 Board of Trustees Agenda – June 26, 2000 Page Five
********************************************************* Item 5, cont. APPRAISED BY SELLER’S REVIEW Entreken Marr APPROVED PURCHASE PURCHASE OPTION NO. PARCEL ACRES ( 03/26/99) (06/28/99) VALUE PRICE PRICE DATE 001103 FPC/1&2 43.40 $455,000 $450,000 $455,000 * $450,000 150 days after BOT * The property was purchased in 1956 as part of a larger transaction. approval STAFF REMARKS: The Weedon Island Preserve project has been identified on the Department of Environmental Protection (DEP), Office of Greenways and Trails’ (OGT) approved acquisition list. Pursuant to a multi-party agreement between the DEP’s Division of State Lands, the OGT and Pinellas County (County), this acquisition was negotiated by the County on behalf of the OGT under the Preservation 2000 Florida Greenways and Trails program. The project contains 43.40 acres, of which these are the first to be acquired. After the Board of Trustees approves this agreement, the project will be complete. All mortgages and liens will be satisfied at the time of closing. This acquisition consists of two non-contiguous parcels. At the present time Parcel One has no legal access. The appraisers indicate that they assume legal road access will be provided by Florida Power Corporation (FPC). The option agreement calls for FPC to provide legal access. Parcel Two is encumbered by a 3.5-acre paved ingress/egress utility easement known as Weedon Drive. The appraiser gave no value to the 3.5 acres because the County advises that FPC has given easement rights to the County for this road in exchange for easement rights from the County on the portions of the road that FPC does not own. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the DEP the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for these and any other title issues that arise prior to closing. A title insurance policy, a survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser at the County’s sole cost and expense. The acquisition of these parcels will connect neighboring private lands with the Weedon Island State Preserve, providing connectivity to public holdings in the area and continuity in the ecological management of the area. Active management of the entire area will increase the effectiveness of exotic vegetation control measures as well as enhance natural habitat restoration activities. Public acquisition will serve to protect several threatened and endangered species located in the area, such as the bald eagle, the red-cockaded woodpecker, the sand skink and the Florida manatee. This property will also provide many recreational activities, such as hiking, bicycling, bird watching and canoeing, and will provide educational opportunities, including increasing awareness of the rich natural history and Native American heritage in this area. The OGT will be the interim manager of the property with Pinellas County as the long-term manager. The property will be managed as an extension to the Weedon Island 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 5, Pages 1-23) RECOMMEND APPROVAL Board of Trustees Agenda – June 26, 2000 Substitute Page Six
********************************************************* Item 6 Brown/Pendley Option Agreement/DHSMV REQUEST: Consideration of an option agreement to acquire 1.82 acres for the benefit of the Department of Highway Safety and Motor Vehicles from Henry C. Brown, IV, and Kerry Ann Pendley. COUNTY: Dixie APPLICANT: Department of Highway Safety and Motor Vehicles (DHSMV) LOCATION: Section 04, Township 10 South, Range 12 East CONSIDERATION: $83,690 APPRAISED BY SELLER’S TRUSTEES’ REVIEW Bolton APPROVED PURCHASE PURCHASE OPTION NO. PARCEL ACRES (03/13/98) VALUE PRICE PRICE DATE 001106 Brown/Pendley 1.82 $135,000 $135,000 -0- * $83,690 120 days after BOT approval * The current owners inherited the property. STAFF REMARKS: The subject property was acquired by Mr. Henry Brown in 1953 and subsequently leased to the DHSMV for a Florida Highway Patrol Station and Division of Driver Licenses facility in 1957. The building and tower were constructed by the DHSMV on the leased property. Upon the deaths of Mr. and Mrs. Brown, the current owners inherited the property and expressed an interest in selling the property to the State of Florida. The property was appraised and a value given for the land only. The DHSMV negotiated the terms of the agreement with the owners. Title to the property acquired will vest in the Board of Trustees. Funds for this acquisition were appropriated by the 1999 Florida Legislature and are still available. 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 title insurance policy, an environmental site assessment and a survey of the property will be provided by the DHSMV prior to closing. This property will be managed by the DHSMV as a Florida Highway Patrol Station and a Division of Driver Licenses facility. This acquisition is consistent with section 187.201(07), F.S., the Public Safety section of the State Comprehensive Plan. (See Attachment 6, Pages 1-20) RECOMMEND APPROVAL ********************************************************* Substitute Item 7 Miami-Dade County Option Agreement/Dade County Archipelago CARL Project REQUEST: Consideration of an option agreement to acquire 11.77 acres within the Dade County Archipelago CARL project from Miami-Dade County. Board of Trustees Agenda – June 26, 2000 Substitute Page Seven
********************************************************* Substitute Item 7, cont. COUNTY: Miami-Dade LOCATION: Section 18, Township 56 South, Range 40 East CONSIDERATION: $197,682.25 (Board of Trustees’ share of County’s purchase price) TRUSTEES’ APPRAISED BY COUNTY’S SHARE OF REVIEW Hume APPROVED PURCHASE PURCHASE OPTION NO. PARCEL ACRES (10/25/94) VALUE PRICE PRICE DATE 001101 Miami-Dade 11.77 $430,000 $411,950* $389,025 $197,682.25** 120 days after BOT * Approved values revised May 5, 2000, due to decreased acreage. approval ** Includes County’s closing costs where applicable. STAFF REMARKS: The Dade County Archipelago CARL project is ranked number 2 on the CARL Bargain/Shared Project List approved by the Board of Trustees on February 9, 1999, and is eligible for negotiation under the Division of State Lands’ (DSL) Land Acquisition Workplan. The project contains 856 acres, of which 326.93 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 517.3 acres or 60 percent of the project will remain to be acquired. Pursuant to a multi-party acquisition agreement entered into between the DSL and Miami-Dade County (County), the County purchased the property from Hardin Hammock Estates Associates, Ltd. If this item is approved, the Board of Trustees will reimburse the County for 50 percent of the purchase price and closing costs paid by the County for the parcel, or 50 percent of the approved value, whichever is less. In no event will the Board of Trustees’ share of the purchase price exceed 50 percent of the approved value. Title to the property acquired will vest in the Board of Trustees.
All mortgages and liens will be satisfied at the time of closing. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for any title issues that arise prior to closing. The County will provide a title insurance policy certified to the Board of Trustees, certified survey and environmental site assessment prior to closing. The Board of Trustees will reimburse the County 50 percent of the cost associated with updating each item and bringing it into compliance with the DSL’s standards. This reimbursement is contingent on the closing of this transaction. On a limestone ridge east of the Everglades, where Miami and Homestead and surrounding farms now stand, were subtropical pinelands and hardwood hammocks unique in the United States. Now only tiny pieces of these forests remain, the best of which the Dade County Archipelago CARL project will protect. In so doing, the project will conserve habitat for rare animals and dozens of rare plants, many found nowhere else in the world, and will provide areas where residents and visitors can learn about and appreciate what was here before the cities. This property will be managed by the County as a botanical site with passive recreational usage. Board of Trustees Agenda – June 26, 2000 Substitute Page Eight
********************************************************* Substitute Item 7, 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 7, Pages 1-15) RECOMMEND APPROVAL ********************************************************* Item 8 Israel Option Agreement/Florida Keys Ecosystem CARL Project REQUEST: Consideration of an option agreement to acquire 32.6 acres within the Florida Keys Ecosystem CARL project from Jerry J. and Anna L. Israel. COUNTY: Monroe LOCATION: Section 09, Township 67 South, Range 27 East CONSIDERATION: $345,000 APPRAISED BY SELLER’S TRUSTEES’ REVIEW Johnston APPROVED PURCHASE PURCHASE OPTION NO. PARCEL ACRES (02/10/99) VALUE PRICE PRICE DATE 001102 Israel 32.6* $350,000 $350,000 ** $345,000 90 days after BOT * Acreage reduced after MHWL survey. There was no value change. Approval ** Purchased in 1980. STAFF REMARKS: The Florida Keys Ecosystem CARL project is ranked number 3 on the CARL Priority Project List approved by the Board of Trustees on February 9, 1999, and is eligible for negotiation under the Division of State Lands’ (DSL) Land Acquisition Workplan. The project contains 7,033 acres, of which 2,581.67 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 4,415.89 acres or 63 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. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for these and any other title issues that arise 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. 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. Public acquisition of the Florida Keys Ecosystem CARL project will protect all the significant unprotected hardwood hammocks left in the Keys and many rare Board of Trustees Agenda – June 26, 2000 Substitute Page Nine
********************************************************* Item 8, cont. 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 Fish and Wildlife Conservation Commission for the conservation and preservation of the natural resources of the properties. This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 8, Pages 1-34) RECOMMEND APPROVAL ********************************************************* Substitute Item 9 Ungermann Option Agreement/South Savannas CARL Project REQUEST: Consideration of an option agreement to acquire 5.8 acres within the South Savannas CARL project from Walter W. Ungermann. COUNTY: St. Lucie LOCATION: Section 09, Township 37 South, Range 41 East CONSIDERATION: $270,000 APPRAISED BY SELLER’S TRUSTEES’ REVIEW Groover APPROVED PURCHASE PURCHASE OPTION NO. PARCEL ACRES (10/22/98) VALUE PRICE PRICE DATE 001105 144 & 145 5.80 $275,000 $275,000 $195,000* $270,000 150 days after BOT approval * Parcel 144 was acquired in 1987 and parcel 145 was acquired in 1986. STAFF REMARKS: The South Savannas CARL project is ranked number 7 on the CARL Substantially Complete Project List approved by the Board of Trustees on February 9, 1999, and is eligible for negotiation under the Division of State Lands’ Land Acquisition Workplan. The project contains 6,046 acres, of which 5,060.1 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 980.1 acres or 16 percent of the project will remain to be acquired. The westerly portion of parcel 144 appears to have been excavated at one time and some evidence exists indicating that one or both parcels may have been improved with a building at one time. There are currently no buildings on either parcel. The excavation was not considered a major negative condition by the appraiser and the reviewer concurred. All mortgages and liens will be satisfied at the time of closing. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for any title issues that arise prior to closing. Board of Trustees Agenda – June 26, 2000 Substitute Page Ten
********************************************************* Substitute Item 9, cont. 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. Around Fort Pierce a chain of marshes and lakes separating inland pine flatwoods from the coastal scrub on the high Atlantic Ridge has survived the rapid development of St. Lucie and Martin counties. Public acquisition of the South Savannas CARL project will conserve these coastal freshwater marshes and the nearby flatwoods and scrub so that the wildlife and plants of this area, some extremely rare, will continue to survive and the public can learn about and enjoy this scenic remnant of the original southeast Florida. This property will be managed by the DEP’s Division of Recreation and Parks as part of the Savannas State Preserve. This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 9, Pages 1-20) RECOMMEND APPROVAL ********************************************************* Substitute Item 10 Mills Option Agreement /Conservation Easement/ SJRWMD/ Managing Agency Designation/Management Policy Amendment/ Ranch Reserve CARL Project REQUEST: Consideration of (1) an option agreement to acquire a conservation easement over 8,285 acres within the Ranch Reserve CARL project from Kathryn C. Mills, as Trustee of the Mills Ranch Trust; (2) designation of the St. Johns River Water Management District as the monitoring agency; and (3) evaluation and amendment of the management policy statement for the Ranch Reserve CARL project. COUNTIES: Osceola and Indian River LOCATION: Sections 06, 07 and 18, Township 31 South, Range 35 East; and Sections 01 through 06 and 08 through 16, Township 31 South, Range 34 East CONSIDERATION: $4,913,500 ($4,850,000 for the acquisition; $63,500 for the assignment) APPRAISED BY SELLER’S TRUSTEES’ REVIEW Roper Rogers APPROVED PURCHASE PURCHASE OPTION NO. PARCEL ACRES (12/22/98) (12/28/98) VALUE PRICE PRICE DATE 001108 Mills 8,285 $4,970,000 $5,220,000 $5,220,000 * $4,850,000 120 days after BOT * There have been no transactions on the northwest 3,526 acres of property for more than five years. approval The remaining 4,759 acres were acquired in 1994 for $4,759,000. STAFF REMARKS: The Ranch Reserve CARL Project is ranked number 3 on the Second Interim CARL Less-Than-Fee Project List approved by the Board of Trustees on May 25, 1999, and is eligible for negotiation under the Division of State Lands’ (DSL) Land Acquisition Workplan. The project contains 35,300 acres, of which 11,768 acres have been encumbered by a conservation easement acquired by the St. Johns River Water Management
Board of Trustees Agenda – June 26, 2000 Substitute Page Eleven
********************************************************* Substitute Item 10, cont. District (District). After the Board of Trustees approves this agreement, 15,247 acres or 43 percent of the project will remain to be acquired. Pursuant to a multi-party acquisition agreement entered into between the DSL and The Nature Conservancy, Inc. (TNC), TNC has acquired an option to purchase the conservation easement over this property from Kathryn C. Mills. After this acquisition is approved, the Board of Trustees will acquire the option from TNC for $63,500, 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 conservation easement from the owners. The assignment of option agreement further provides that in no event will the purchase price for the option and the purchase price of the conservation easement exceed the DSL-approved value of the conservation easement. The approved value of the unencumbered fee simple interest of the property is $11,600,000. The remainder ownership rights will be restricted by provisions of the conservation easement which include, but are not limited to, the following:
The difference in the value of the property "before" implementation of the conservation easement and "after" implementation of the conservation easement is the value of the conservation easement. The approved value of the property, subject to the conservation easement and these encumbrances is $5,220,000. This represents 45 percent of the value of the unencumbered fee simple interest of the property.
Board of Trustees Agenda – June 26, 2000 Substitute Page Twelve
********************************************************* Substitute Item 10, cont. All mortgages and liens will be satisfied or subordinated at the time of closing. There are outstanding oil, gas and mineral interests on the property. A mineral assessment conducted on the property by the Division of Resource Assessment and Management, Florida Geological Survey, determined that the potential for oil and gas development at this particular location was thought to be low. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for this and any other title issues that arise prior to closing. A title insurance policy, an environmental site assessment and a baseline documentation report will be provided by the seller and a survey will be provided by the purchaser prior to closing. The purchaser will reimburse one-half the seller’s cost of the baseline documentation report. The Mills property lies in southeast Osceola and northwest Indian River counties. It is the second conservation easement property to be purchased in the project, following the Escape Ranch easement bought by the District in 1996. The Mills property lies south of the Escape Ranch and is similar in its open landscape – pine and scrubby flatwoods, palmetto prairies, freshwater marshes, and with mixed native range and improved pastures. These lands are important for wildlife like sandhill cranes, caracara, red-cockaded woodpeckers, Florida scrub jays, and the experimental population of whooping cranes introduced by the Florida Fish and Wildlife Conservation Commission. The property is important for the Upper St. Johns River watershed. Although the Mills tract is a working ranch, its owner’s long-term family commitment to maintaining excellent wildlife values and natural landscapes make it ideal for a less-than-fee purchase. It is important to protect these natural values in advance of potential conversion to more intensive agricultural and non-agricultural uses. Large cattle ranches in Osceola County conserve a vast area of open lands – pastures, pine flatwoods, palmetto prairies, and marshes – west of the St. Johns River. These flatlands are important for wildlife like sandhill cranes, caracara, red-cockaded woodpeckers, and an experimental group of extremely rare whooping cranes. Public acquisition of the Ranch Reserve project will acquire certain rights from ranch owners to ensure that a large part of these lands will remain as they are today, to preserve a connection of open land with public lands to the north and east, and to maintain or increase the diversity of wildlife on this wide plain. Pursuant to section 259.032(9)(b)2., F.S., staff recommends that the Board of Trustees designate St. Johns River Water Management District as the monitoring agency for this site. Section 259.032(9)(b)2., F.S., requires that the Board of Trustees, concurrent with its approval of the initial acquisition agreement within a project, "evaluate and amend, as appropriate, the management policy statement for the project as provided by section 259.035, F.S., consistent with the purposes for which the lands are acquired." The management policy statement for this project was included in the 1999 CARL Annual Report adopted by the Board of Trustees on February 9, 1999. Staff recommends that the Board of Trustees confirm the management policy statement as amended below: The primary objective of management of the Ranch Reserve CARL project is to preserve and restore the mosaic of pine flatwoods and wetlands in southeastern Osceola County (and contiguous portions of Brevard and Indian River counties), along with the populations of wildlife that use these lands. Achieving this objective will provide a refuge for threatened animals like the red-cocked woodpecker, sandhill crane, and many others. Board of Trustees Agenda – June 26, 2000 Substitute Page Thirteen
********************************************************* Substitute Item 10, cont. The project should be managed to foster, preserve and protect in perpetuity the natural, ecological, wildlife and plant life features and values of the property and to prevent any use of the property that will significantly impair its conservation values. The conservation easement allows the landowners to continue to use the property for commercial cattle operation, hunting, fishing and other activities that are not inconsistent with the terms of the conservation easement if they do not have an adverse impact on the conservation values of the property. The project includes 35,300 acres of contiguous property, including nearly 23,800 acres of the highest-quality land in the southeastern Osceola and adjacent areas of Brevard and Indian River counties. Consequently, it has the size and location to achieve its primary objective. 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 1-55) RECOMMEND APPROVAL ********************************************************* Substitute Item 11 Suwannee County Option Agreement/Department of Corrections DEFERRED FROM THE APRIL 25, 2000 AGENDA DEFERRED FROM THE MAY 9, 2000 AGENDA DEFERRED FROM THE JUNE 13, 2000 AGENDA REQUEST: Consideration of an option agreement to acquire 316.75 acres for the benefit of the Department of Corrections from Suwannee County. COUNTY: Suwannee APPLICANT: Department of Corrections (DOC) LOCATION: Section 12, Township 03 South, Range 14 East CONSIDERATION: $156,500 (The DOC’s share of the total purchase price of $332,587) APPRAISED BY SELLER’S TRUSTEES’ REVIEW Candler APPROVED PURCHASE PURCHASE OPTION NO. PARCEL ACRES (09/21/99) VALUE PRICE PRICE DATE 001109 Suwannee 316.75 $348,000 $348,000 $332,587 $156,500 60 days after County BOT approval STAFF REMARKS: As a result of identifying a need for a corrections facility in the Suwannee County area of the state in 1993, Suwannee County (County) entered into an option agreement with W. K. Daugherty, the owner of the property. The option was extended several times with the County paying additional option money. In 1999, the DOC agreed to contribute $156,500 toward the purchase. At the time of the last extension, Mr. Daugherty advised the County that he would not extend the option and the transaction would have to close no later than March 7, 2000. Due to the limited time period to close on the property, the County decided to proceed to close, with a purchase price of $332,587, and then to convey the Board of Trustees Agenda – June 26, 2000 Substitute Page Fourteen
********************************************************* Substitute Item 11, cont. property to the Board of Trustees for the same price that the DOC had agreed to contribute. Title to the property acquired will vest in the Board of Trustees. Funds for this acquisition were appropriated by the 1998 Florida Legislature and are still available. 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 title insurance policy and an environmental site assessment of the property will be provided by the DOC prior to closing. A survey of the property has already been provided by the County. This property will be managed by the DOC as a corrections facility. This acquisition is consistent with section 187.201(07), F.S., the Public Safety section of the State Comprehensive Plan. (See Attachment 7, Pages 1-25, as submitted with the June 13, 2000 Agenda) RECOMMEND WITHDRAWAL *********************************************************
Item 12 Suttlemyre Settlement Agreement REQUEST: Consideration of a proposed agreement to settle the potential claims of Ardrenn Suttlemyre through the purchase of 2,471.7 acres of land in Putnam County under the CARL program. COUNTY: Putnam APPLICANTS: Department of Environmental Protection, Division of State Lands, and Ardrenn Suttlemyre CONSIDERATION: $2,150,000 APPRAISED BY REVIEW Goodman Benson APPROVED PURCHASE NO. PARCEL ACRES (11/02/99) (07/22/99) VALUE PRICE 001110 Suttlemyre 2471.71 $2,150,000 $2,020,000 $2,150,000 $2,150,000 1 Subsequent to the appraisal, 27 acres of uplands were removed from the purchase. Appraisals were adjusted to reflect the lower acreage. STAFF REMARKS: The Etoniah/Cross Florida Greenway CARL project is ranked number 16 on the CARL Priority Project list approved by the Board of Trustees on February 9, 1999, and is eligible for negotiation under the Division of State Lands’ Land Acquisition Workplan. This project contains 43,564 acres, of which 12,762.7 acres have been acquired or are under agreement to be acquired by the Board of Trustees. After the Board of Trustees approves this agreement 28,329.6 acres or 65 percent of the project will remain to be acquired. In 1966, the Canal Authority of the State of Florida acquired the right to flood land in Putnam and Marion counties as part of the Cross-Florida Barge Canal Project. The Canal Authority obtained Judgments of Condemnation, granting the State either fee simple title or perpetual Board of Trustees Agenda – June 26, 2000 Page Fifteen
********************************************************* Item 12, cont. flowage easements to flood private property "in connection with the construction, operation and maintenance of the Cross-Florida Barge Canal Project." In 1968, the Rodman Dam was completed and the land was flooded by the Rodman Reservoir. In 1990, Congress and the Florida Legislature adopted related legislation to deauthorize the Cross-Florida Barge Canal and to establish the Cross Florida Greenway in its place. The Cross-Florida Barge Canal was officially deauthorized on January 22, 1991, by adoption of a Resolution by the Governor and Cabinet which agreed, on behalf of the State of Florida, to the terms of the federal deauthorization. Ms. Ardrenn Suttlemyre and other landowners filed an inverse condemnation action against the Department of Environmental Protection (DEP) and the Board of Trustees alleging that the DEP and the Board of Trustees had "taken" their property without just compensation. (Seventh Circuit Court Case No. 99-5248-CA.) The Circuit Court declared that the state’s flowage easement (which covers the flooded portions of Suttlemyre’s property) was extinguished and became null and void upon the deauthorization of the Cross-Florida Barge Canal. However, the Court also held that Suttlemyre and the other landowners waited too long to file their "takings" claim and were barred by the applicable statute of limitations. Ms. Suttlemyre and the other landowners subsequently filed claims with DEP and the Department of Insurance stating their intent to file a trespass action seeking damages, costs and attorney’s fees for the continued flooding of the property. That action was in fact filed by the other landowners (Miller et al. v. Board of Trustees and DEP, Case No. 99-5113-CA), and was the subject of a Settlement Agreement approved by the Board of Trustees during its regularly scheduled meeting on March 28, 2000. However, Ms. Suttlemyre did not join in that lawsuit, and has instead worked with the DEP toward an out-of-court settlement of her dispute. In the event a settlement cannot be reached, Ms. Suttlemyre intends to file her trespass action in the Circuit Court. The Board of Trustees’ acquisition of fee simple title to Ms. Suttlemyre’s property fulfills the intent of the legislature. In establishing the Cross Florida Greenway, the 1990 Legislature concluded that "public ownership of and access [to the lands within the former Cross-Florida Barge Canal] are necessary and desirable to protect the health, welfare, safety and quality of life of the residents of this state," and encouraged the acquisition of fee simple title to those portions of the Cross Florida Greenway held in less-than-fee title. Accordingly, section 253.781(3), F.S., states that the Board of Trustees "may acquire by purchase, exchange of other state lands, or the exercise of the power of eminent domain the fee title to lands acquired in less-than-fee title . . . using state, local or federal funds dedicated to acquiring lands for conservation and recreation." Ms. Suttlemyre owns 2,471.7 acres of property in Putnam County adjacent to the Rodman Reservoir and within the CARL boundary. The property consists of 1,967.4 acres of uplands and 504.3 acres of jurisdictional wetlands and submerged lands, and includes 615.8 acres within the easement area. The 615.8 acre easement area contains 159 acres of land submerged by the Rodman Reservoir and 456.8 acres of adjacent lands, most of which may also be flooded by the presence of the Rodman Reservoir. This property was identified, mapped, surveyed, and appraised for purchase under the CARL program. Acquisition of Ms. Suttlemyre’s acreage will accomplish the multiple objectives of acquiring lands identified for acquisition under the CARL program, settling the ongoing threat of Board of Trustees Agenda – June 26, 2000 Page Sixteen
********************************************************* Item 12, cont. litigation with Ms. Suttlemyre, and carrying out the legislature’s directive to acquire fee simple title to less-than-fee holdings within the original Cross-Florida Barge Canal lands. Subject to Board of Trustees’ approval, the parties have agreed to the state’s purchase of 2,471.7 acres of Ms. Suttlemyre’s property for the purchase price of $2,150,000. Some of the more critical terms of the settlement agreement are: (1) purchase of fee simple title to 2,471.7 acres of land adjacent to the Cross Florida Greenway, and the Carravelle Ranch Wildlife Management Area, and contiguous to other recently purchased lands for the amount of $2,150,000, in furtherance of the legislature’s policy of acquiring fee simple title to all less-than-fee title holdings within the Cross-Florida Greenway; (2) settlement in full of all claims and threatened litigation with Ms. Suttlemyre relating to the flooding of portions of this property; and (3) a release by Ms. Suttlemyre of the Board of Trustees and the DEP for any present and future trespass claims arising from the flooding of the property or its use as part of the Cross Florida Greenway. Ms. Suttlemyre will continue to own property down to the waterline of the Rodman Reservoir, and she and her successors in title agree to waive any right to complain about fluctuations in the water level due to rain events and normal management practices for the Reservoir that may intermittently flood her remaining property. Ms. Suttlemyre also reserves an easement allowing ingress and egress from her property to the Ocklawaha River in the event that the Rodman (Kirkpatrick) Dam is removed and the Reservoir is permanently drained. This recommendation of approval is not to be construed as an admission of liability and is offered only for the purpose of negotiating a settlement of the potential litigation. This property will be managed by the Office of Greenways and Trails as a part of the Cross Florida Greenway. These acquisitions are consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 12, Pages 1-64) RECOMMEND APPROVAL OF THE AGREEMENT, WHICH PROVIDES FOR THE PURCHASE OF 2,471.7 ACRES OF LAND ********************************************************* |
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