The Governor and Cabinet - Florida Department of State

AGENDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

OCTOBER 10, 2000

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Item 1 Hawkins Avenue Corporation/Wood-Hopkins Contracting Co. Lease

DEFERRED FROM THE JULY 25, 2000 AGENDA

DEFERRED FROM THE SEPTEMBER 12, 2000 AGENDA

REQUEST: Consideration of an application for (1) a five-year sovereignty submerged lands lease containing 129,084 square feet, more or less, for a proposed commercial/industrial docking facility; (2) authorization for the severance of 17,205 cubic yards of sovereign material; and (3) authorization for the placement of 495 linear feet of bulkhead at the approximate mean high water line (MHWL).

COUNTY: Duval

BOT No. 162245689

Application No. 16-147715-004-DF

APPLICANT: Hawkins Avenue Corporation, a Georgia corporation

(d/b/a Wood-Hopkins Contracting Company)

LOCATION: Section 24, Township 01 South, Range 27 East, in the St. Johns River, Class III Waters, within the local jurisdiction of the city of Jacksonville

Aquatic Preserve: No

Outstanding Florida Waters: No

Designated Manatee County: Yes, with an approved manatee protection plan

Manatee Aggregation Area: No

Manatee Protection Speed Zone: Yes, Slow Speed Minimum Wake within 300 feet of shore, Channel Exempt

CONSIDERATION: $57,799.55, representing (1) $19,088.30 as the initial lease fee computed at the base rate of $0.1183 per square foot and including the initial 25 percent surcharge payment; and (2) $38,711.25 for the severance of sovereign material computed at the rate of $2.25 per cubic yard pursuant to section 18-21.011(3)(a)2, F.A.C. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable.

STAFF REMARKS: The applicant is proposing to construct a commercial/industrial docking facility to be used in conjunction with a proposed upland marine contracting company. Wood-Hopkins Marine Contracting Company specializes in building bridges, constructing roll-on/roll-off facilities, and the repair and maintenance of vessels, along with other related marine contracting activities. Proposed upland activities include the construction of two buildings, a parking lot, an access road, and rail construction access. Activities on sovereignty submerged lands include the construction of 495 linear feet of bulkhead at the approximate MHWL, the dredging of 2.53 acres of river bottom, and the installation of a 350-foot-long by 75-foot-wide concrete dock.

The applicant is proposing to dredge 17,205 cubic yards of sovereign material to create water depths sufficient for mooring tugboats and barges. Berths (mooring and maneuvering areas) will be dredged to a depth of -20 feet NGVD. Depths currently range from +6 feet NGVD at the proposed bulkhead location to -20 feet NGVD at the terminus of the proposed dock. The spoil will be used for backfill landward of the proposed bulkhead.

Wood-Hopkins Contracting Company, a subsidiary of the applicant, was issued permits (Nos. 16-16318-2E and 16-16319-2E) from the former Department of Environmental Regulation (DER) for the construction of a similar project on December 9, 1979 and July 27, 1979, respectively. A sovereignty submerged lands lease (No. 160163182) was approved by the former Department of Natural Resources (DNR) on December 17, 1979, that authorized the

Board of Trustees

Agenda – October 10, 2000 Page Two

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Item 1, cont.

preemption of 53,702 square feet of sovereignty submerged lands. However, the construction was delayed, the permits expired, and the sovereignty submerged lands lease was cancelled on December 7, 1988.

The applicant submitted a new DER permit application for the current proposed project on November 16, 1992. The DNR began to receive preliminary submerged lands lease information from the applicant on January 26, 1993. On February 24, 1993, the applicant received a letter from the Department of Community Affairs (DCA) advising that the applicant’s property, a 37-acre parcel including the project site, was within the Blount Island/Dames Point Areawide Development of Regional Impact (DRI) proposed by the City of Jacksonville (City) with the Jacksonville Port Authority (JPA) serving as agent for the City. An Application for Development Approval (ADA) had been filed and was pending review and adoption by the City Council. Pursuant to section 380.06(5), F.S., no development of any area covered by the Blount Island/Dames Point Areawide ADA could be undertaken until the development order for that project became effective or an agreement with DCA was established. The submerged lands lease file was placed in an "inactive" status on May 24, 1993 until the DRI review could be completed and submerged lands lease surveys submitted.

The DEP wetland resource permit for the current proposed project was issued to Wood-Hopkins Contracting Company on June 30, 1994. On June 16, 1999, the permit was modified to extend the term of the permit from five years to ten years. The permit was transferred to the applicant on July 7, 1999. The applicant received a "Clearance Letter" from DCA on February 14, 2000 indicating that the Wood-Hopkins development is not required to undergo DRI review. On April 24, 2000, the permit was modified to relocate the proposed dock 25 feet to the north in order to provide a 25-foot setback of the lease boundary from the south riparian line.

The DEP modified wetland resource permit requires sewage pumpout facilities, prohibits liveaboards, and prohibits over-water fueling facilities. The recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC), Bureau of Protected Species Management, regarding protection of manatees have been addressed in the specific conditions of the wetland resource permit and as special conditions of the lease. In addition, Duval County has adopted and implemented a manatee protection plan that has been approved by the FFWCC. The FFWCC has determined that the proposed project is consistent with the plan. There are no seagrasses or other significant submerged biological resources at the site.

The project was noticed pursuant to section 253.115, F.S., and five objections were received. The main objection concerned potential erosion as the result of the dredging and from potential heavy water traffic. Other concerns included noise pollution, depreciation of upland property values, and traffic. It is staff’s opinion that the erosion concerns due to increased water traffic are unwarranted. There will be very little increase in commercial river traffic, as the barges/tugboats will either be moored in front of the applicant’s property or at the job site. Given the nature of the applicant’s business, movement of the vessels may be weeks or even months apart. It is staff’s opinion that the remaining issues should be addressed by the appropriate local government agency regulating upland property zoning. However, the applicant has designed the proposed project so as to minimize any interference with the neighboring community. It is proposed to construct a main entry road to the property that will alleviate traffic on the neighborhood roads. In addition, the applicant has designed a landscaped buffer zone on its property to further ensure adequate protection for the community.

Board of Trustees

Agenda – October 10, 2000 Page Three

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Item 1, cont.

A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (DCA) determined that the plan was not in compliance. In accordance with the compliance agreement between DCA and the local government, an amendment has been adopted which brought the plan into compliance. The proposed action is consistent with the adopted plan as amended according to a letter received from the City’s Planning and Development Department.

RECOMMEND DEFERRAL

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Item 2 L. I. Smith Lease

REQUEST: Consideration of an application for (1) a five-year sovereignty submerged lands lease containing 35,315 square feet, more or less, for a proposed commercial docking facility; and (2) authorization for the placement of 114 cubic yards of riprap.

COUNTY: Collier

Lease No. 111990189

APPLICANT: L. I. Smith, Trustee

LOCATION: Sections 14 and 15, Township 53 South, Range 29 East, in the Barron River, Class II waters, within the local jurisdiction of the city of Everglades City

Aquatic Preserve: No

Outstanding Florida Waters: No

Designated Manatee County: Yes, with an approved manatee protection plan

Manatee Aggregation Area: No

Manatee Protection Speed Zone: Yes, idle speed zone

CONSIDERATION: $5,222.21 as the initial lease fee computed at the base rate of $0.1183 per square foot, and including the initial 25 percent surcharge payment. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable. The lease fee may be adjusted based on six percent of the annual rental value pursuant to section 18-21.011(1)(a)1, F.A.C.

STAFF REMARKS: The applicant is proposing to (1) construct a 45-slip commercial docking facility; and (2) install 114 cubic yards of riprap along the applicant’s seawall in the Barron River. The docking facility will be used for fishing guide boats, sightseeing boats, and transient private recreational boats using the proposed upland restaurant and hotel, the upland fueling facility or sewage pumpout facility.

The docking facility will consist of a 769-foot-long by 8-foot-wide shore-parallel dock, five 30-foot-long by 4-foot-wide finger piers perpendicular to the shore-parallel dock designating ten of the slips, three 20-foot-long by 4-foot-wide finger piers perpendicular to the shore-parallel dock designating five of the slips, one 31-foot-long by 4-foot-wide access dock, one 33-foot-long by 4-foot-wide access dock, and one 34-foot-long by 4-foot-wide access dock. The remaining slips will be 34 feet long and are also intended to be perpendicular to the shore-parallel dock, but these slips will not have finger piers. Vessels in these slips will be moored using "frog hooks" attached to the dock and the stern of the vessels. Based on the approximate 480 linear feet of dock at this portion of the facility, and estimating that boats will require an approximate 15-foot-wide berth, a maximum of 32 vessels could moor at this location. However, a special lease condition will limit the number of slips to a maximum of 45 to be consistent with the wetland resource permit issued by the Department of Environmental

Board of Trustees

Agenda – October 10, 2000 Page Four

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Item 2, cont.

Protection (DEP). Water depth in the area of the proposed docks ranges from -3 feet NGVD to -7.6 feet NGVD. There are no significant benthic resources such as seagrasses in the area of the proposed docking facility.

The riparian upland property is currently undeveloped. Various commercial uses have been approved for the site pursuant to local zoning. The applicant indicates that the currently proposed upland development plan includes a 62-unit hotel with 25 rental cottages, a restaurant, a gift shop, and a ship’s store. However, final development plans and a stormwater permit have not been approved for the upland development. A standard lease condition in all sovereignty submerged lands leases states that the docking facility will be used for a specific upland use. Another standard lease condition in all sovereignty submerged lands leases states that the lessee will not change or add to the approved leased premises or change the type of riparian upland use without first obtaining a regulatory permit, if applicable, and written authorization from the Board of Trustees. Staff is of the opinion that these conditions will ensure that there will be no change in planned use of the docking facility without prior Board of Trustees’ consideration.

The proposed project has been noticed pursuant to section 253.115, F.S. Fifteen property owners were specifically noticed and 14 objections were received by July 29, 2000, the end of the comment period. Four additional objections were received after the comment period. One of the objections was from the Save the Manatee Club, Inc. The substance of the objections received pertained to: (1) potential navigational hazards from the waterward extension of the docking facility, use of the docking facility by novice boaters, and increased boat traffic; (2) potential adverse impacts to manatees; (3) infringement upon adjacent riparian rights; and (4) the potential for the docks to break away and damage upstream properties in a hurricane.

The applicant responded to these concerns as follows: (1) the docking facility will not extend past the existing channel marker #34, reflectors will be installed on the outermost portion of the docking facility, and there are plans for three finger piers closest to the channel marker to be shortened from 30 feet to 20 feet. The project has been previously permitted by the Army Corps of Engineers. The applicant has obtained a letter from the Florida Marine Patrol stating that the project will not interfere with navigation. Also, the entire Barron River is an idle speed zone; (2) the proposed docking facility is consistent with the manatee protection plan adopted and implemented by Collier County and approved by the Florida Fish and Wildlife Conservation Commission (FFWCC), and the applicant will comply with standard FFWCC conditions; (3) the applicant has provided a survey and legal description prepared by a professional land surveyor showing that the proposed docking facility will be located within the applicant’s riparian area; and (4) the potential for docks breaking away during a hurricane is eliminated by use of concrete piles that will be driven 12 to 15 feet into the river bottom. Staff is of the opinion that the applicant has adequately addressed the concerns raised by the objections received.

Regarding navigation, the lease area will extend to within ten feet of the marked navigation channel (channel marker no. 34, red). However, the applicant has obtained recent letters from the FFWCC, Division of Law Enforcement, Bureau of Marine Enforcement, and the U.S. Coast Guard stating that the proposed project will not be a navigational hazard.

The DEP issued a wetland resource permit (No. 111990189) on October 26, 1992. The DEP issued a permit modification (Nos. 113041185 and 11-0128890-001) on January 9, 1998 to extend the expiration date to October 26, 2002. The permit authorizes fueling and sewage pumpout facilities but prohibits liveaboards. The fueling and sewage pumpout facilities will be located on the applicant’s uplands near the confluence of Tarpon Creek and the Barron River.

Recommendations from the FFWCC, Bureau of Protected Species Management, regarding protection of manatees have been addressed as a specific condition in the wetland resource

Board of Trustees

Agenda – October 10, 2000 Substitute Page Five

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Item 2, cont.

permit and special lease conditions. Additionally, Collier County has adopted and implemented a manatee protection plan that has been approved by the FFWCC. The FFWCC has determined that the proposed project appears to be consistent with that plan and is not expected to have adverse impacts on manatees, if specific manatee protection conditions are made part of the lease.

This application could be processed under delegation of authority pursuant to section 18-21.0051(2)(b), F.A.C. However, because of the number of objections received in response to the noticing, this proposed project is being brought before the Board of Trustees for consideration.

A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (DCA) determined that the plan was not in compliance. In accordance with the compliance agreement between the DCA and the local government, an amendment has been adopted which brought the plan into compliance. The proposed action is consistent with the adopted plan as amended according to a letter received from the city of Everglades City.

(See Attachment 2, Pages 1-11)

RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE CONDITIONS AND PAYMENT OF $5,222.21

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Substitute Item 3 Polk County Partners, Ltd. Option Agreement/Green Swamp CARL Project

REQUEST: Consideration of an option agreement to acquire 655.6 acres within the Green Swamp CARL project from Polk County Partners, Ltd.

COUNTY: Polk

LOCATION: Sections 26, 35 and 36, Township 25 South, Range 26 East; and Sections 01 and 02, Township 26 South, Range 26 East

CONSIDERATION: $1,000,000

APPRAISED BY SELLER’S TRUSTEES’

REVIEW Catlett Hayes APPROVED PURCHASE PURCHASE OPTION

NO. PARCEL ACRES (03/22/99) (03/22/99) VALUE PRICE PRICE DATE

001601 Polk Cty. 655.6* $1,018,000 $985,000 $1,016,000* $1,442,320** $1,000,000 150 days

Partners (98%) after BOT

approval

* The approved value was lowered to reflect a 1.2-acre reduction in the size of the property.

** The property was purchased in 1994 as part of a 736.8-acre tract.

STAFF REMARKS: The Green Swamp CARL project is ranked number 25 on the CARL Priority Project List approved by the Board of Trustees on February 22, 2000, and is eligible for negotiation under the Division of State Lands’ (DSL) Land Acquisition Workplan. The project contains 117,780 acres, of which 14,827 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 102,287.4 acres or 87 percent of the project will remain to be acquired.

The parcel is part of a 736.8-acre parent tract. The seller originally acquired the entire 736.8-acre parcel with the intent to build a golf course. After the property was acquired, the owners

Board of Trustees

Agenda – October 10, 2000 Substitute Page Six

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Substitute Item 3, cont.

discovered that the property was in the core area of the Green Swamp CARL project, which has been designated an Area of Critical State Concern and was therefore not developable as a golf course. The owners are retaining approximately 80 acres on the eastern side of the property which are now under contract to another party. An effort was made to acquire the 80 acres, but the owners felt the 80-acre parcel was more valuable than the state’s offer. The retained area is mostly uplands but has no access to US-27 to the east. The owners were able to market this property and reduce the amount of loss they are taking on the sale of the property to the state.

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.

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 property, along with others currently being pursued, would provide a connector between the ScanAmerica acquisition to the south along I-4 and the proposed acquisition of the approximately 10,000-acre Jahna Tract to the north. The property is a mosaic of uplands and wetlands (61.2 percent wetlands/38.8 percent uplands). The mosaic of cypress swamps, pine forests, and pastures known as the Green Swamp is a vital part of the water supply of central Florida. It gives rise to four major river systems (the Withlacoochee, Oklawaha, Hillsborough and Peace) and, because it has the highest groundwater elevation in the peninsula, is important for maintaining the flow of water from the Floridan Aquifer. By preserving the mosaic of land use in this region, public acquisition of the Green Swamp CARL project will protect the Floridan Aquifer and several rivers; preserve a large area for wildlife; and provide areas for public recreation in the rapidly growing region between Tampa and Orlando.

This property will be managed by the Florida Fish and Wildlife Conservation Commission as a Wildlife Management 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 3, Pages 1-33)

RECOMMEND APPROVAL

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Substitute Item 4 FWCC/TPL Option Agreement/Lake Tohopekaliga Fish Management Area

REQUEST: Consideration of an option agreement to acquire 97.75 acres adjoining the Lake Tohopekaliga Fish Management Area by the Florida Fish and Wildlife Conservation Commission under the Preservation 2000 program from The Trust For Public Land.

COUNTY: Osceola

Board of Trustees

Agenda – October 10, 2000 Substitute Page Seven

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Substitute Item 4, cont.

APPLICANT: Florida Fish and Wildlife Conservation Commission

LOCATION: Sections 34 and 35, Township 25 South, Range 29 East; and Section 02, Township 26 South, Range 29 East

CONSIDERATION: $4,745,126

APPRAISED BY SELLER’S TRUSTEES’

REVIEW Catlett Goodman APPROVED PURCHASE PURCHASE OPTION

NO. PARCEL ACRES (04/28/00) (04/28/00) VALUE PRICE PRICE DATE

001602 TPL 97.75 $5,130,000 $5,000,000 $5,130,000 $4,745,126* $4,745,126 120 days

(92%) after BOT

* Prior to TPL obtaining an option to purchase the property, the owners held title to the property for decades. approval

STAFF REMARKS: This acquisition was negotiated by the Florida Fish and Wildlife Conservation Commission (FWCC) under the P2000 program. This property adjoins the Lake Tohopekaliga Fish Management Area and is on the current FWCC acquisition list.

The Trust For Public Land (TPL) currently holds an exclusive option agreement to acquire this parcel. TPL will either exercise its option prior to closing or at a simultaneous three party closing with the state.

Improvements on the island consist of a small caretaker’s cottage and a metal pole barn. The FWCC, the future managing agency, plans to evaluate and review the improvements for its potential use and historical value during the development of the management plan for the property.

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 contract states that the seller will provide a survey for the entire property; however, the Bureau of Survey and Mapping has determined that a survey is not necessary for the island parcel. The seller will provide a boundary survey for the shore parcel, along with an environmental site assessment and title insurance policy for the entire property prior to closing. The FWCC will reimburse the seller’s cost of the title insurance policy, the environmental site assessment and the boundary survey.

This acquisition consists of two parcels of land including Paradise Island (88.26 acres) and a 9.49-acre shoreline parcel, which serves as the staging area for access to the island. Paradise Island lies within the northern portion of Lake Tohopekaliga, while the shoreline parcel is located immediately east of the island on the eastern shoreline of the lake. The natural topography of portions of both the island and shore parcels has been altered somewhat through its conversion to citrus groves. Approximately 60 acres of the island’s interior is covered by a citrus grove which has been in operation for nearly 50 years. Nearly 75 percent of the shore parcel contains a citrus grove. Predominant natural vegetation remaining on the island and shore parcel are common to this physiographic region and consists of mature live oaks, Sabal palms, southern magnolias, cedars, and cypress trees. The outer fringe and shoreline of the island are in a relatively natural condition transitioning from oak hammock to cypress swamp and freshwater marsh communities providing important wildlife habitat. While a biological

Board of Trustees

Agenda – October 10, 2000 Substitute Page Eight

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Substitute Item 4, cont.

survey of the island has not been conducted, FWCC staff has observed listed species such as wood storks, snail kites and bald eagles on the island.

Both Paradise Island and its sister, Cypress Island, which is located immediately south of Paradise Island, have been the subjects of various development plans over the past two decades. FWCC staff has carefully monitored and commented on proposed development plans for Paradise Island and adjacent Cypress Island for some time due to the impacts any development would have on the lake and FWCC’s need to periodically draw it down. Despite these efforts, both islands were assigned the Toho Islands Land Use designation in the future land use component of the Osceola County comprehensive land use plan. This designation is uncommon within the state and permitted two tiers or alternatives for extensive development on both islands.

Consequently, staff concluded that both islands were under imminent threat of development given the proximity of the islands to the Greater Orlando Metropolitan Area, the increasing intensity of development in the surrounding area, the approval of the Toho Islands Land Use designation, and the uniqueness of these lands. If the islands are developed, not only will we lose a unique and important conservation resource, but Lake Tohopekaliga would be more difficult to manage.

For these reasons, Paradise Island and Cypress Island were approved as additions to the FWCC acquisition list in July of 1998. The concept of acquiring conservation easements on both islands was discussed with both owners, to no avail. As a result, staff proceeded with efforts to acquire Cypress Island outright and were successful in securing the approval of the Board of Trustees to purchase it in August of 1999.

It should be noted that the Board of Trustees expressed serious concerns about the acquisition of Cypress Island before it was approved for purchase. Their concerns appeared to be primarily focused on the margin of difference between the state’s purchase price and the price Mr. Hoch paid for the property. Other questions focused on the level at which the parcel was ranked on the FWCC acquisition list, its plans for use of the island and shore property, the overall importance of the project to its acquisition program and the survey waiver request. After considerable debate and a deferral, the acquisition was approved, with the admonition that there would be little reason for the state to purchase one island if the state did not eventually purchase both islands.

The acquisition of Paradise Island is, as was the acquisition of Cypress Island, an important component of the FWCC’s plans to restore and protect the Kissimmee chain of lakes, including Lake Tohopekaliga, which ultimately drains into Lake Okeechobee and the Everglades basin. Acquisition of the island and its related shoreline parcel will allow for continued periodic drawdowns of the lake, provide additional wildlife habitat, increase resource-based outdoor recreational opportunities for the increasingly urbanized Central Florida Region, and enhance the overall management of the Lake Tohopekaliga Fish Management Area.

The property will be managed by the FWCC as an addition to the Lake Tohopekaliga Fish Management Area for natural resource conservation and resource-based public outdoor recreation within a multiple use management regime.

This acquisition is consistent with section 187.20(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

Board of Trustees

Agenda – October 10, 2000 Substitute Page Nine

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Substitute Item 4, cont.

(See Attachment 4, Pages 1-35)

RECOMMEND APPROVAL

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Item 5 BOT/Schrimsher Land Fund Disposition Determination/Exchange/Winter Springs Town Center Project/Greenways and Trails Program

REQUEST: Consideration of (1) a determination that a 4.10-acre, more or less, parcel of Board of Trustees’ land no longer needs to be preserved in furtherance of the intent of the Florida Preservation 2000 Act; (2) a determination that the 4.10-acre, more or less, parcel of Board of Trustees’ land is no longer needed for conservation purposes; and (3) approval of a land exchange under which the Board of Trustees would convey the 4.10-acre parcel of Board of Trustees’ land to Schrimsher Land Fund in exchange for a 8.21-acre parcel of land owned by Schrimsher Land Fund within the Winter Springs Town Center project under the Preservation 2000 Greenways and Trails program.

COUNTY: Seminole

APPLICANT: Department of Environmental Protection, Office of Greenways and Trails

LOCATION: Section 36, Township 20 South, Range 30 East

CONSIDERATION: Parcel-for-parcel (The Board of Trustees will not compensate Schrimsher for any difference in value.)

APPRAISED BY SELLER’S

REVIEW Roper Robinson APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (05/12/00) 06/01/00) VALUE PRICE DATE

BOT 4.10 $ 530,000 $ 520,000 $ 530,000 * 150 days after

001604 Schrimsher 8.21 $1,046,000 $1,010,000 $1,046,000 ** BOT approval

* Purchased in December 1996 as part of a larger parcel.

** Purchased as part of various larger parcels between 1987 and 1990.

STAFF REMARKS: The Winter Springs Town Center 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 (DSL), the OGT and the City of Winter Springs (City), this acquisition was negotiated by the Division of State Lands on behalf of the OGT under the Preservation 2000 Florida Greenways and Trails program.

The OGT, Seminole County and the City have designed a realignment of the section of the Cross Seminole Trail within the city limits that will be more beneficial to the community and local and regional multi-trail users. The realignment will provide separate trails for various

Board of Trustees

Agenda – October 10, 2000 Page Ten

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Item 5, cont.

trail user groups, eliminating the potential for user conflict. It will also allow for public access and enjoyment of wetland areas and provide additional trailhead opportunities. The relocation will allow the trail to cross State Road 434 at right angles and at a safer distance from the curve in the road. The City intends to establish a museum within the Town Center, which will provide area students, including those from nearby Rollins College, with an opportunity to learn about local history and ecology.

On December 9, 1999, the Land Acquisition and Management Advisory Council (LAMAC) approved the following recommendations: (1) that the state-owned parcel is no longer needed for conservation purposes pursuant to section 253.034(6), F.S.; (2) that the state-owned parcel no longer needs to be preserved in furtherance of the intent of the Preservation 2000 Act pursuant to section 259.101(6)(b), F.S.; and (3) that the state receive property that is valued at least as much as that which it gives.

Pursuant to section 18-2.018(2)(b)6, F.A.C., every exchange of natural resource lands shall result in the Board of Trustees acquiring a minimum of twice the amount of acreage being conveyed out of state ownership. The proposed exchange is consistent with this requirement. Further, pursuant to Article X, Section 18 of the Florida Constitution, the Board of Trustees shall make a determination that the lands are no longer needed for conservation purposes. At its meeting on December 9, 1999, LAMAC approved a recommendation that the state-owned parcel is no longer needed for conservation purposes pursuant to section 253.034(6)(b) F.S. This approval was based on the fact that the state-owned parcel, an abandoned railway corridor, was purchased for recreational trail development. The parcel being acquired will accommodate approximately twice the trail length and will provide public access to greenspaces preserved as part of the town center project. DEP staff concurs with LAMAC’s recommendation.

All mortgages and liens will be satisfied at the time of closing. The agreement allows for nine reserved access easements in favor of Schrimsher Land Fund over various portions of the property. Seven of these are cross access, utility and pedestrian easements and two easements are for the purpose of stormwater underground pipes and pedestrian crossing. These easements will be subject to the satisfaction and requirements of the DSL. The Bureau of Appraisal has determined that, as long as the easements do not affect management, they will not affect the value of the property. The OGT and the City, the future managing agencies, are willing to manage the property with the encumbrances. 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 any title issues that arise prior to closing.

A title insurance policy, a survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the Board of Trustees for the parcel the Board of Trustees is acquiring.

The acquisition parcel will be part of an interconnecting system of greenspaces and trails throughout the proposed Winter Springs Town Center that will enhance conservation, outdoor recreation, and ground water quality. This parcel will provide public access to environmental preservation areas, multi-use trails, public parks and greenspaces.

The OGT will be the interim manager of the property with the City as the long-term manager. The property will be managed as part of the Winter Springs Town Center project.

Board of Trustees

Agenda – October 10, 2000 Page Eleven

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Item 5, 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 5, Pages 1-55)

RECOMMEND (1) A DETERMINATION THAT THE 4.10-ACRE, MORE OR LESS, PARCEL OF BOARD OF TRUSTEES’ LAND NO LONGER NEEDS TO BE PRESERVED IN FURTHERANCE OF THE INTENT OF THE FLORIDA PRESERVATION 2000 ACT; (2) A DETERMINATION THAT THE 4.10-ACRE, MORE OR LESS, PARCEL OF BOARD OF TRUSTEES’ LAND IS NO LONGER NEEDED FOR CONSERVATION PURPOSES; AND (3) APPROVAL OF A LAND EXCHANGE UNDER WHICH THE BOARD OF TRUSTEES WOULD CONVEY THE 4.10-ACRE PARCEL OF BOARD OF TRUSTEES’ LAND TO SCHRIMSHER LAND FUND IN EXCHANGE FOR A 8.21-ACRE PARCEL OF LAND OWNED BY SCHRIMSHER LAND FUND.

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Item 6 Blumberg Option Agreement/Winter Springs Town Center Project/Greenways and Trails Program

DEFERRED FROM THE SEPTEMBER 26, 2000 AGENDA

REQUEST: Consideration of an option agreement to acquire 5.91 acres within the Winter Springs Town Center project under the Preservation 2000 Greenways and Trails program from Lewis Blumberg and Juanita D. Blumberg.

COUNTY: Seminole

APPLICANT: Department of Environmental Protection, Office of Greenways and Trails

LOCATION: Section 36, Township 20 South, Range 30 East

CONSIDERATION: $600,000

APPRAISED BY SELLER’S TRUSTEES’

REVIEW Roper APPROVED PURCHASE PURCHASE OPTION

NO. PARCELS ACRES (03/24/00) VALUE PRICE PRICE DATE

001605 Blumberg 5.91 $600,000 $600,000 * $600,000 150 days after

BOT approval

* The subject parcels are portions of various parcels that the owner acquired over a period of

several years from 1978 to 1985.

STAFF REMARKS: The Winter Springs Town Center 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 the City of Winter Springs (City), this acquisition was negotiated by the Division of State Lands on behalf of the OGT under the Preservation 2000 Florida Greenways and Trails program. The project contains 52 acres, of which these are the first to be acquired. After the Board of Trustees approves this agreement, 46.09 acres or 89 percent of the project will remain to be acquired.

Board of Trustees

Agenda – October 10, 2000 Substitute Page Twelve

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Item 6, cont.

This property is being acquired using federal acquisition procedures in accordance with the Federal Intermodal Surface Transportation Efficiency Act and the Code of Federal Regulations Title 49. On June 22, 1999, the Board of Trustees approved a recommendation to substitute the land acquisition procedures of the Federal Highway Administration for the State of Florida’s procedures outlined in section 259.041, F.S., for the projects that qualify for federal enhancement funding, as administered by the Florida Department of Transportation. Pursuant to federal regulation requirements, the initial offer was 100 percent of the approved value, which included $592,000 for the value of the land and $8,000 for a cost to cure. The cost to cure is to replace the seller’s driveway, which will be severed from the seller’s remainder property by the acquisition of the subject property.

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 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.

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

This acquisition consists of five non-contiguous parcels. These parcels will be part of an interconnecting system of greenspaces and trails throughout the proposed Winter Springs Town Center that will enhance conservation, outdoor recreation, and ground water quality. These parcels will provide public access to environmental preservation areas, multi-use trails and public parks and greenspaces. In addition, these parcels will enable trail users to get off the main corridor and travel into the Town Center to purchase supplies, refreshments and other items.

The Town plans to create a museum on the remainder of the Blumberg property. This museum will provide a location for area students, including those from nearby Rollins College, to attend orientation prior to field trips into nearby wetland areas.

The OGT will be the interim manager of the property with the City as the long-term manager. The property will be managed as part of the Winter Springs Town Center project.

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 1-26)

RECOMMEND APPROVAL

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Substitute Item 7 Blue Springs Resort, Inc. Option Agreement/Florida First Magnitude Springs (Madison Blue Springs) CARL Project

REQUEST: Consideration of an option agreement to acquire 38.68 acres within the Florida First Magnitude Springs (Madison Blue Springs) CARL project from Blue Springs Resort, Inc.

COUNTY: Madison

LOCATION: Sections 17 and 20, Township 01 North, Range 11 East

Board of Trustees

Agenda – October 10, 2000 Substitute Page Thirteen

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Item 7, cont.

CONSIDERATION: $1,108,000

APPRAISED BY SELLER’S TRUSTEES’

REVIEW Catlett Pallardy APPROVED PURCHASE PURCHASE OPTION

NO. PARCEL ACRES (05/15/00) (05/16/00) VALUE PRICE PRICE DATE

001603 Blue Springs 38.68* $940,000 $1,225,000 $1,108,000** $222,800*** $1,108,000 120 days

(100%) after BOT

* The acreage was decreased by 2.02 acres. approval

** The approved value is the lower appraisal, minus the value of the 2.02-acre decrease, multiplied by 120 percent.

(rounded).

*** The seller purchased the entire property in three separate transactions in 1992 and 1993.

STAFF REMARKS: The Florida First Magnitude Springs (Madison Blue Springs) CARL project is ranked number 15 on the CARL Priority Project List approved by the Board of Trustees on February 22, 2000, and is eligible for negotiation under the Division of State Lands’ (DSL) Land Acquisition Workplan. The Florida First Magnitude Springs project boundary was modified in the Second 1999 CARL Interim Report to include the Madison Blue Springs site. The project contains 1,680 acres, of which 884 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 757.32 acres or 45 percent of the project will remain to be acquired.

The seller has retained ownership of four adjacent subdivision lots that were included in the appraisals of the property. The approved value reflects this reduction in acreage. The seller will also retain a consumptive-use permit (CUP) that was issued for these lots, which allows withdrawal of 1,470,000 gallons of water per day. These lots are approximately 1,100 feet from the spring head and, therefore, if any water were withdrawn under this CUP, it will not be drawn from the spring head. The permit was issued by the Suwannee River Water Management District (SRWMD) on May 6, 1998, and is subject to revocation (as are all CUP’s pursuant to section 373.243, F.S.) if the allocation is not utilized within two years from the date of issuance. Pursuant to section 373.243, F.S., the seller has provided reasonable assurances to the SRWMD of a "good-faith" effort to develop the property in such a way as to serve the demand for water thus delaying revocation.

There is an extensive underground cave system associated with Madison Blue Springs that expands out over a large geographic area that extends beyond the boundary of the parcel surrounding the spring. Therefore, within the framework of the CUP permitting process, any property owner in this area could apply for and receive a similar CUP to withdraw water from this cave system. According to SRWMD staff, any additional permit applications; however, would be reviewed for their potential impact on the water resource. Department of Environmental Protection (DEP) staff and SRWMD staff conferred and it was determined that water use permits were neither exclusive nor unobtainable by other property owners in the general vicinity.

Staff has been informed by the current owner that through the years there have been numerous letter offers from water bottling groups interested in acquiring the Madison Blue Springs. None of the inquiries however, have progressed beyond the initial water quality and economic feasibility tests conducted by the water bottling companies. From the limited data available, staff has determined that the springs may not be within the logistical and water quality parameters necessary for the profitable extraction and distribution of bottled water. Staff has also been informed that the cost to develop a facility within a logistically feasible proximity to the springs may, at this time, render the springs economically unfeasible for bottling water.

Madison Blue Springs is known world wide as a destination for cave diving enthusiasts. The current owner has made extensive improvements which include a bathhouse, a small cabin, a

Board of Trustees

Agenda – October 10, 2000 Substitute Page Fourteen

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Substitute Item 7, cont.

dive shop/gate house, wood decks, walkways, pavilions, volleyball court and other miscellaneous site improvements. In addition, the current owner has done extensive restoration work on the spring basin at a cost of nearly $250,000. Prior to the spring being acquired by the current owner in 1992, the property had been degraded and used for illegal dumping. At one time, the original spring basin was about 65 feet deep. Erosion from uncontrolled access had filled the basin to only 18 feet deep. Several acres around the spring were sodded and a natural rock wall was constructed around the basin to restore the eroded slopes. It was then necessary to clean the basin, as well as the adjacent football field-sized underwater cavern that was filled almost to the ceiling with trash and debris such as building materials, tires, cans and bottles. The Madison Blue Springs now boasts a new jump tower over the spring, streetlights, RV camping, two environmentally safe wells and an aerobic sewer system. Major future projects include expanding the camping and recreational opportunities for public use and enjoyment and continuing the restoration of the spring.

There are several privately-owned parcels remaining within the project boundary which staff will pursue following the acquisition of this core parcel.

Large springs of clear, continuously flowing water are among Florida’s most famous and important natural and recreational resources. Florida has 33 first magnitude springs, more than any other state or country. Eighteen of these large springs are in public ownership. The cavernous water-filled limestone of the Floridan aquifer is the source of these world class springs. By preserving the first magnitude springs and the lands that surround them we will be protecting these natural gems from erosion and abuse caused by unsupervised use. Several of Florida’s rivers are created by springs including the Wakulla, Wacissa, Ichetucknee, Rainbow and Silver. The endangered manatees that live the farthest north in Florida are dependent on several of these springs for warm water refuges for their survival during the winter. Florida’s springs have been the locations of Indian villages, Spanish missions, steamboat landings, hotels and post offices. Public acquisition will protect the scenic, cultural, economic and recreational values of these magnificent springs and ensure access for Floridians and visitors from all over the world for all time.

This property will be managed by Madison County (County). Because the County has no formal park management department and is new to recreational and conservation property management, the County may subsequently enter into a management/vendor agreement for a third-party manager to operate the park. While the County will be responsible to the state for development and implementation of an appropriate management plan, the DSL has agreed to provide the County with direct staff assistance in the development of the management plan and any future management arrangements.

All mortgages and liens will be satisfied at the time of closing. There is a recreational easement covering approximately 1.7 acres of the property benefiting third parties. While the easement will extinguish upon closing of the subject property, the grantee will "have at least the same rights following such conveyance as existed prior to such conveyance." While this language is ambiguous, it is staff’s interpretation that homeowner access to the easement area will be identical to that of the public generally. 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 this and any other title issues that arise prior to closing.

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

Board of Trustees

Agenda – October 10, 2000 Substitute Page Fifteen

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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 1-43)

RECOMMEND APPROVAL

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