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AGENDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND NOVEMBER 16, 2000 2nd Substitute Page ******************************************************************************** Item 1 Minutes Submittal of the Minutes from the September 26, 2000 Cabinet Meeting. RECOMMEND ACCEPTANCE (See Attachment 1, Pages 1-15) ****************************************************************************** 2nd Substitute Item 2 Hawkins Avenue Corporation/Wood-Hopkins Contracting Co. Lease DEFERRED FROM THE JULY 25, 2000 AGENDA DEFERRED FROM THE SEPTEMBER 12, 2000 AGENDA DEFERRED FROM THE OCTOBER 10, 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. Fees may be revised based on receipt of an acceptable survey. 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. Board of Trustees Agenda – November 16, 2000 2nd Substitute Page Two ****************************************************************************** 2nd Substitute Item 2, cont. 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 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. In response to a request for a reevaluation of the requirement for a DRI, 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 based solely on the Industrial threshold. 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. In order to be consistent with local county approvals, the applicant now wishes to move the location of the dredge area and dock approximately 100 feet to the north of the southern property line. Because the tugs and barges are working vessels and contain heads for the convenience of the crews, the DEP modified wetland resource permit requires sewage pumpout facilities, but prohibits liveaboards, and over-water fueling facilities. The recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC), 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 sight. 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 Board of Trustees Agenda – November 16, 2000 2nd Substitute Page Three ****************************************************************************** 2nd Substitute Item 2, cont. values, and traffic. Staff agrees that there is presently erosion occurring along the adjacent properties and along the general shoreline in the vicinity of the proposed project site. Conditions are such that during high water with waves erosion occurs along the steep upper bank. Due to the concerns expressed over the project’s potential effects of increasing erosion on adjacent properties, staff conducted an evaluation of the site (see attached report) and have concluded that erosion of the shoreline will occur whether the applicant’s proposed dredging is performed or not. The erosion is largely due to the physical orientation and composition of the shoreline and existing navigation along this stretch of the river. Also, erosion of the shoreline due to any increased water traffic generated by the project would be very slight, as the barges/tugboats will either be moored in front of the applicant’s property, or at the job site, and given the nature of the applicant’s business, movement of the vessels may be weeks or even months apart. Even with long term monitoring of erosion adjacent to the project, it would be extremely difficult, if not impossible, to attribute any extent of erosion to a specific cause. Under these conditions, staff feels it would not be practical to commit state resources to monitoring erosion on the adjacent properties. Staff has reviewed the project and determined that due to the physical composition of the material to be dredged and the proposed slope of the side slopes in relation to natural and existing dredge slopes, the dredge area will be stable. It is reasonable to state that if the side slopes of the dredge area are stable, then the dredging activity will not affect the natural process on the adjacent shorelines. In order to insure this and because of the orientation of the side slopes, it is recommended that the dredge side slopes be further stabilized by the applicant through appropriate engineering methods. Also, it is noted that the construction of the proposed pier should help protect the adjacent shorelines from wave action oriented out of northeast direction to the area, which is the primary cause of erosion. 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 bypass the neighborhood roads. In addition, the applicant has designed a landscaped buffer zone on its property to further ensure adequate protection for the community. 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. (See Attachment 2 , Pages 1-28) RECOMMEND APPROVAL subject to the special approval condition and payment of $57,799.55 ****************************************************************************** Item 3 Cynwyd Investments/188 Corp. Purchase Agreement/Charlotte Harbor Flatwoods CARL Project REQUEST: Consideration of a purchase agreement to acquire 287.26 acres within the Charlotte Harbor Flatwoods CARL project from Cynwyd Investments and 188 Corp. COUNTY: Charlotte LOCATION: Sections 13 and 24, Township 42 South, Range 23 East Board of Trustees Agenda – November 16, 2000 Page Four ****************************************************************************** Item 3, cont. CONSIDERATION: $2,200,000
APPRAISED BY SELLER’S TRUSTEES’ REVIEW Bowen, Jr. Hrabko APPROVED PURCHASE PURCHASE CLOSING NO. PARCEL ACRES (09/24/99) (09/30/99) VALUE PRICE PRICE DATE 001802 Cynwyd/17 98.98 $ 740,000 $ 800,000 $ 800,000 $5,251* 11/30/00 188 Corp./18 188.28 $1,500,000 $1,600,000 $1,600,000 ** 287.26 $2,400,000 $2,200,000 * Acquired in 1981. (92%) ** Acquired in 1983. The stamps on the deed are unreadable. STAFF REMARKS: The Charlotte Harbor Flatwoods CARL project is ranked number 10 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’ Land Acquisition Workplan. The project contains 19,361 acres, of which 12,303.01 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves these agreements, 6,770.73 acres or 35 percent of the project will remain to be acquired. All mortgages and liens will be satisfied at the time of closing. Preliminary title information indicates that the entire Cynwyd parcel is subject to an outstanding 50 percent interest in all oil, gas and minerals, without the right of entry, in favor of O. Draper and Kathleen Mullins. The Bureau of Geology indicates that the potential from commercial development of mineral commodities for oil and gas in the area is considered low. Additionally, both parcels are encumbered by Florida Power and Light easements (the poles and lines have been removed from the easements), two drainage easements (one to the State of Florida and one to a private party), and a conveyance to FDOT for US-41 right of way. The privately held drainage easement benefits a parcel that has been acquired by Charlotte County under the Florida Communities Trust program. The contract provides that the parcels will be acquired subject to these interests. The appraisers were aware of these interests when determining value. The Florida Fish and Wildlife Conservation Commission (FWCC), the future managing agency, would prefer that the interests be acquired but is willing to manage the property with the outstanding interests. 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. DEP staff will review, evaluate and implement the most appropriate resolution for any other title issues that arise prior to closing. A survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing. The seller will provide a title insurance policy. The purchaser will reimburse the seller’s cost for the title insurance policy. Northwest of Fort Myers lies the largest and highest-quality slash-pine flatwoods left in southwest Florida. The pines are home to red-cockaded woodpeckers, black bears, and bald eagles, and an occasional Florida panther ranges the area. The largest population in the world of the rare beautiful pawpaw grows here. Several drainage ditches flow through these flatwoods into the Charlotte Harbor Aquatic Preserve. Public acquisition of the Charlotte Harbor Flatwoods CARL project will protect these flatwoods and connect the Charlotte Harbor State Buffer Preserve with the Babcock/Webb Wildlife Management Area (WMA), helping to protect both of these managed areas and the waters of the aquatic preserve. This parcel is extremely important to the hydrogeology of land previously purchased in the Charlotte Harbor Flatwoods project and the WMA. Water runs from the WMA, across this parcel, to the Charlotte Harbor Flatwoods project lands on its way to the harbor. Development Board of Trustees Agenda – November 16, 2000 2nd Substitute Page Five ****************************************************************************** Item 3, cont. of this parcel would obstruct that flow and allow for more pollution to the waters entering the harbor. It also provides the only connector between the WMA and the Charlotte Harbor Flatwoods project lands. The properties will be managed by the FWCC as part of the Babcock/Webb Wildlife Management Area. 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 3, Pages 1-77) RECOMMEND APPROVAL ****************************************************************************** 2nd Substitute Item 4 City of Jacksonville/SJRWMD/TPL Acquisition Agreement/Deep Forest Timber Co. LTD/Hodges Conservation Easement/Managing Agency Designation/Management Policy Confirmation/Cedar Swamp CARL Project REQUEST: Consideration of (1) authorization to enter into an acquisition agreement with the St. Johns River Water Management District, the City of Jacksonville, and the Trust For Public Land for the Cedar Swamp CARL project; (2) pursuant to the acquisition agreement, authorization to acquire an 82.73 percent interest in a conservation easement over 1,487.69 acres within the Cedar Swamp CARL project from Kernan R. Hodges, Trustee and Deep Forest Timber Co., LTD; (3) designation of the St. Johns River Water Management District as monitor and manager of Phases IA and IB and the City of Jacksonville as manager of Phase II of the Cedar Swamp CARL project; and (4) confirmation of the management policy statement. COUNTY: Duval Review Number 001801 LOCATION: Sections 14, 15, 38, 39, 40 and 41, Township 03 South, Range 28 East CONSIDERATION: $18,392,500 (Board of Trustees’ 65.45 percent (rounded) share of the $28,100,000 purchase price, which includes $100,000 overhead payment to TPL) STAFF REMARKS: The Cedar Swamp CARL project is ranked number 12 on the CARL Bargain/Shared List, as the list appears in the 2000 Interim CARL Report, approved by the Board of Trustees on October 24, 2000, and is funded under the Division of State Lands’ (DSL) Land Acquisition Workplan. The project contains 4,400 acres, of which 1,234 were previously acquired under a conservation easement by the St. Johns River Water Management District (District). These are the first to be acquired by the Board of Trustees. After the Board of Trustees approves this acquisition, 1,678.31 acres or 38 percent of the project will remain to be acquired. The District has taken the lead in order to facilitate the acquisition of this joint project. Department of Environmental Protection (DEP) staff has prepared an acquisition agreement that will allow the District to acquire the Cedar Swamp CARL project lands in accordance with section 259.041(17), 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 Board of Trustees Agenda – November 16, 2000 2nd Substitute Page Six ****************************************************************************** 2nd Substitute Item 4, cont. allow the District to acquire lands to be held jointly by the Board of Trustees and the District. Incorporated into the acquisition 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) be responsible for responding to any audit, legal or other investigation pertaining to the acquisition. The Trust for Public Land (TPL) obtained appraisals and negotiated an option to purchase a conservation easement over this property from Kernan R. Hodges, Trustee, and Deep Forest Timber Co., LTD. The option includes a provision for the payment of an additional option payment of $4,499,900 to be paid by November 30, 2000, in order to extend the option term until June 1, 2001. While the contract provides for the additional deposit, most due diligence has been completed and the parties intend on closing the transaction before the November 30, 2000 deadline. If the transaction cannot be closed by the end of November, one of the following will occur: (1) the City of Jacksonville (City), with sole financial responsibility, will make the additional deposit; (2) the owner will agree to amend the contract to extend the option period without additional option payment; or (3) the option will terminate. Should the option agreement not be exercised due to the seller’s failure to comply with the terms of the agreement, the option payment, if made, will be refunded to the purchaser. The District has reviewed the appraisals and secured approval of the purchase from its Governing Board, subject to approval by its attorney of the assignment of option agreement. The District has provided the DSL with a board resolution requesting reimbursement of the Board of Trustees' share of the purchase price. The City will be contributing approximately 17.27 percent of the purchase price and 17.27 percent of the closing costs of the purchase. DEP staff is seeking approval for the Board of Trustees' share of the purchase price for the Hodges’ conservation easement that the TPL contracted to purchase at 92.4 percent of the appraised value. In addition, the acquisition agreement provides for the TPL to be reimbursed an overhead fee of $100,000 and for all direct costs associated with its attempt to acquire lands within the project, including all pre-acquisition and closing related costs. The pre-acquisition costs and certain closing costs will be reimbursed even if the District is unsuccessful in acquiring any property. The agreement authorizes DEP staff to reimburse the Board of Trustees' share of these costs, and DSL will pay these from CARL incidental expense funds. If the Board of Trustees approves this purchase, the District will proceed to closing with title to be vested jointly, with the District holding an estimated 17.27 percent undivided interest and the Board of Trustees holding an estimated 82.73 percent undivided interest. On September 13, 2000, the Governing Board of the District adopted Resolution No. 2000-28 which approved the acquisition agreement between the DSL, the District, the City and the TPL and approved the option agreement to purchase a conservation easement over this property. The percentages contained in the District’s resolution are slightly different than the percentages calculated using the formula in the acquisition agreement. The actual percentages will be calculated using the formula in the acquisition agreement once the final adjusted purchase price is known. Upon Board of Trustees approval, DEP staff will execute the acquisition agreement on behalf of the Board of Trustees. The Cedar Swamp CARL project has been divided into two phases with Phase II north of J. Turner Butler Boulevard and Phase I south of J. Turner Butler Boulevard. The District has purchased a portion of the Phase I property (Phase IA) and this purchase (Phase IB) will Board of Trustees Agenda – November 16, 2000 2nd Substitute Page Seven ****************************************************************************** 2nd Substitute Item 4, cont. complete Phase I. The District purchased the Phase IA property without participation from the Board of Trustees. The Board of Trustees’ approximately 65.45 percent contribution towards this purchase will result in the Board of Trustees and the District achieving a 50/50 financial match for Phases IA and IB combined. The Board of Trustees will not hold title to the Phase IA property; however, it will hold an 82.73 percent interest in the title of the Phase IB property. The Board of Trustees’ title interest equals the Board of Trustees' and the City's financial participation in the parcel covered under this agreement. The District shall hold a title interest equal to the District's financial participation in the parcel covered under this agreement and the City shall hold no title interest in the parcel covered under this agreement. The property will be restricted by provisions of the conservation easement, which include, but are not limited to, the following:
This conservation easement is one of the most use-restrictive known, to date, in Florida. The landowner is restricted to activities such as driving, horseback riding, and recreational hiking, and they will be allowed to increase the size of the existing structures on the property up to 150 percent. There are a few structures within the conservation easement area, the largest of which is a small house. In accordance with the provisions of the conservation easement, the seller will be responsible for, but is not limited to, the following:
Board of Trustees Agenda – November 16, 2000 2nd Substitute Page Eight ****************************************************************************** 2nd Substitute Item 4, cont. The property will become subject to two reservations for the benefit of the seller, its successors or assigns when the fee interest is purchased. Both easement reservations provide non-exclusive and assignable perpetual access, right-of-way and utility easements over, on, upon, in, under and across the conservation property. The homestead of the seller is located on the property and is excluded from this purchase. The reservations will provide access to the seller’s home and remaining property, for any future development allowed by City code. The homestead property and the retained easements were taken into consideration by the appraisers in determining value. Improvements on the property consist of a small open stable, a small caretakers house, old storage buildings and some fencing. The improvements were considered by the appraisers, but were given no contributory value. While a conservation easement is being purchased at this time, the District and the Board of Trustees will have an unqualified first right of refusal on an option to purchase the fee simple title for $1 plus all costs of closing, recordation and conveyance upon the demise of Mr. George H. Hodges, Jr. and Kernan R. Hodges. This right granted by the seller was taken into consideration by the appraisers in determining value. To protect the Board of Trustees' ability to exercise this option, the conservation easement requires notice by Hodges as to the existence of the conservation easement to any interested buyer of the fee title of the property and requires his personal representative to notify the Board of Trustees of his/their death. However, in the event either of the above notices are not given, the conservation easement remains in force, regardless of ownership, including the 180 days for exercise of the option once noticed. The conservation easement attached to this agenda item contains five issues that, subsequent to the development of this item, and in order to better protect the interests of the Board of Trustees, have been renegotiated with the property owners. Issue 1: Language in the attached conservation easement may have been construed as allowing some mining of the property. This language will be eliminated from the final conservation easement, and the language remaining in the conservation easement at closing will prohibit any mining on the subject property. Issue 2: The attached conservation easement states that upon the death of the latter of Mr. or Mrs. Hodges, the state shall have 180 days to exercise an option to acquire the fee interest in the subject property for $1.00. The language will be changed in the conservation easement used at closing to provide that title will automatically vest in the state within 180 days of the death of the latter of Mr. or Mrs. Hodges. Issue 3: The attached conservation easement states that if any or all of the conservation easement is extinguished, any net proceeds received by the state shall be applied to the conservation of other lands. The conservation easement used at closing will contain additional language that will provide that any proceeds received by the state will be used in accordance with law. Issue 4: The attached conservation easement does not provide for the merger of the conservation easement and fee title interest upon the fee title vesting in the state. This could cause the state’s ultimate fee title interest to be subject to the conservation easement. The conservation easement used at closing will state that upon fee title vesting in the state there will be a merger of the fee and conservation easement title interests. Board of Trustees Agenda – November 16, 2000 2nd Substitute Additional Page Nine ****************************************************************************** 2nd Substitute Item 4, cont. Issue 5: The attached conservation easement provides that if the property owner is conducting prohibited activities on the property, there is a 30-day cure period before the state can seek legal remedies. The conservation easement used at closing will state that there is a waiver of the 30-day cure period if the violating activity is such that resulting damage would be irreparable. Again, the attached conservation easement will be modified prior to closing to substantively reflect the above changes. The growth of the City of Jacksonville and its outlying developed areas has inevitably reduced the natural lands in Duval County to a fraction of their original extent. The Cedar Swamp CARL project contains significant areas of high quality longleaf pine, sandhill and mesic flatwoods and a section of Pablo Creek with its well developed floodplain swamp. The tract also supports at least one clan of red-cockaded woodpeckers. A series of parallel north-south narrow ridges, many of which are planted with slash pines, are separated by equally narrow swampy wetlands that represent an ancient coastal dune and swale system. Public acquisition of this project will provide important natural resource protection and, in Phase II, natural resource-based recreation opportunities to the growing population of Duval and surrounding counties. Pursuant to section 259.032(9)(b)2., F.S., staff recommends that the Board of Trustees designate (1) the District as the monitor for the conservation easement in Phase I; (2) the District as the lead manager for all natural resources and the City as co-manager for public access and recreation when fee simple title is obtained for Phase I;. and (3) the City as the managing agency for Phase II of this project. While the City is being designated as the manager of Phase II, no property in this phase has yet been acquired. 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." Staff recommends that the Board of Trustees confirm the management policy statement as written. The goals of management of the Cedar Swamp CARL project are: to conserve and protect environmentally unique and irreplaceable lands that contain native, relatively unaltered flora and fauna representing a natural area unique to, or scarce within, a region of this state or a larger geographic area; to conserve and protect significant habitat for native species or endangered and threatened species; to conserve, protect, manage, or restore important ecosystems, landscapes, and forests, in order to enhance or protect significant surface water, coastal, recreational, timber, fish or wildlife resources which local or state regulatory programs cannot adequately protect; and, in Phase II, to provide areas, including recreational trails, for natural-resource-based recreation. 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 1-120) RECOMMEND APPROVAL
Board of Trustees Agenda – November 16, 2000 Additional Page Nine-A ****************************************************************************** Substitute Additional Item 5 Mount Royal Village Archaeological Site Emergency Acquisition REQUEST: Consideration of a request to pursue the acquisition of 13 acres in fee simple and 5 acres in less-than-fee of the Mount Royal Village Archaeological Site as an emergency archaeological acquisition pursuant to section 253.027, F.S. COUNTY: Putnam LOCATION: Township 12, Range 26, Section 37 APPLICANT: Division of Historical Resources STAFF REMARKS: On November 1, 2000, the Department of State's Division of Historical Resources submitted an application to the Department of Environmental Protection (DEP) for an emergency archaeological acquisition pursuant to section 253.027, F.S., to purchase approximately 18 acres known as the Mount Royal Village Archaeological Site. The Directors of the Department of State's Division of Historical Resources and DEP's Division of State Lands have determined that the request substantially complies with the requirements set forth in section 253.027(6), F.S. The proposed property is owned by Dr. Paul Wilcox and is a platted subdivision. The Division of Historical Resources has approached Dr. Wilcox in the past, attempting to add his property to the Conservation and Recreation Lands (CARL) project list. Until now, Dr. Wilcox has been an unwilling seller. Lots within this subdivision are being actively sold at this time, which will result in immediate residential development. In an effort to expedite this acquisition, emergency archaeological acquisition procedures will be followed pursuant to section 253.027, F.S. The property under consideration consists of two elements:
Section 253.027(5), F.S., stipulates that no monies shall be spent for the acquisition of any property, including title work, appraisal fees, and survey costs, unless:
Section 253.027, F.S., also requires the Division of State Lands to present an acquisition plan with the request to purchase the property. This acquisition is consistent with the State Comprehensive Historic Preservation Plan and section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. The Department of State's Division of Historical Resources views the Mount Royal Village Archaeological Site as one of the premier historical sites in the state. Board of Trustees Agenda – November 16, 2000 Additional Page Eleven ****************************************************************************** Substitute Additional Item 5, cont. If this determination is made, DEP will begin the process of ordering appraisals and taking other steps necessary for acquisition. (See Additional Attachment 5, Pages 1-22) RECOMMEND: (1) A DETERMINATION THAT THE MOUNT ROYAL VILLAGE ARCHAEOLOGICAL SITE COMPLIES WITH SECTION 253.027, F.S.; AND (2) DIRECT THE DEP TO BEGIN PRE-ACQUISITION ACTIVITIES TO PREPARE FOR ULTIMATE ACQUISITION OF THE PROPERTY. ****************************************************************************** |
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