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AGENDA BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND DECEMBER 12, 2000 Substitute Page ********************************************************************************
Item 1 Minutes
Submittal of the Minutes from the October 24, 2000 Cabinet Meeting (See Attachment 1, Pages 1-24) RECOMMEND APPROVAL
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Substitute Item 2 City of
Miami Deed Restriction Compliance Determination
REQUEST: A determination that a children’s museum complies with the restrictions and reverter contained in a 1949 deed to the City of Miami. COUNTY: Dade
APPLICANT: City of Miami LOCATION: Section 31, Township 53 South, Range 42 East, Watson Island, Biscayne Bay Aquatic Preserve, Class III waters, within the local jurisdiction of the City of Miami STAFF REMARKS: Watson Island originated as fill placed for the construction of a causeway. The spoil island was owned by the state until deeded to the City of Miami (City) on February 24, 1949. The deed to the City prohibits the sale, conveyance or lease of the land to private persons, firms or corporations for private uses or private purposes, and restricts the use of the property to public and municipal purposes. The deed contains a reverter in the event the deed restrictions are violated. The City proposes to lease a portion of land on Watson Island to the Miami Sports and Exhibition Authority (MSEA), an agency of the City. MSEA initially proposed subleasing 1.3 acres, more or less, to the Miami Children’s Museum, a not-for-profit organization. The sublease area was increased to 1.5 acres, more or less, to include an adjacent circular drive and landscaped area. The museum educates Florida's children in the arts and sciences, and promotes understanding of themselves and the world around them, while encouraging participation by all sectors of the community in museum activities. The City considers the project to meet the public and municipal purpose requirements of Board of Trustees’ Deed Number 19447, and requests the Board of Trustees’ concurrence. The Department of Environmental Protection (DEP), Division of State Lands’ staff concurs with the City’s determination that the museum is consistent with the public and municipal purposes anticipated by the deed, because the museum will provide important cultural and educational resources to the community including, but not limited to, a 22,000-square-foot exhibit space, eight galleries filled with exhibits, two multi-purpose meeting rooms, classrooms, a Parent-Teacher Resource Center, and a 200-seat auditorium/performance space which can be used for lectures, special events, workshops, family programs, classes, summer camps, etc. A consideration of the status of the local government comprehensive plan was not made for this item. DEP has determined that the request is not subject to the local government planning process. (See Attachment 2, Pages 1-12) RECOMMEND APPROVAL Board of Trustees Agenda - December 12, 2000 Page Two
Item 3 Lykes Bros. Inc.
Quitclaim Deed
REQUEST: Consideration of a request to quitclaim 1.34 acres, more or less, of land in Glades County to Lykes Bros. Inc. to correct a legal description error. COUNTY: Glades
LOCATION: Section 10, Township 41 South, Range 30 East STAFF REMARKS: On October 12, 1999, the Board of Trustees approved the acquisition of 9,885 acres in fee simple title and a conservation easement over 41,522.6 acres of land as part of the Fisheating Creek Settlement Agreement. Additionally, the Settlement Agreement called for Lykes to quitclaim 8,387.1 acres of land to the Board of Trustees. The acquisition was closed on December 2, 1999. Due to the size and complexity of the property being acquired from Lykes, it was not possible to complete the survey and final legal descriptions prior to closing. The Agreement for Sale and Purchase provided that a portion of the closing proceeds be held in escrow by the State of Florida Treasurer pending resolution of any title defects and cleanup of any contamination found on the property. Upon final disbursement of funds from the escrow account, Lykes will deliver corrective documents to the Board of Trustees. In the course of completing the survey, it was determined that the legal description used in the original conveyance from Lykes to the Board of Trustees included a portion of a parcel of land owned by the Gaskins family. This parcel is the site of a museum that is no longer in operation, and does not include the Gaskins’ homesite parcel. It was also discovered that, as the result of an unclear legal description contained in a deed from Lykes to Thomas Gaskins, Sr. in 1950, portions of the improvements intended to be located on the museum parcel encroach onto adjoining lands owned by Lykes and conveyed to the Board of Trustees. During the escrow period, Lykes filed suit against Thomas Gaskins, Jr., Individually, and Thomas Gaskins, Jr. and Gina G. Murray, as Personal Representatives of the Estate of Thomas Gaskins, Sr. (Gaskins), to address these issues. Negotiations between Lykes and Gaskins resulted in a Mediation Agreement that provides for a final judgement that corrects the legal description in the deed between Lykes and Thomas Gaskins, Sr. to accurately describe the museum site property that is currently in the possession of Gaskins. The Mediation Agreement between Lykes and Gaskins is contingent upon the Board of Trustees conveying back to Lykes the Gaskins museum site property no later than December 31, 2000. The Department of Environmental Protection (DEP), Division of State Lands’ (DSL) staff had intended to address the transfer by deleting the Gaskins parcel from the lands conveyed in the corrective deed to the Board of Trustees, but not all issues being addressed during the escrow period have been resolved, and accordingly, the final disbursement from escrow and delivery of the corrective documents may not be completed by the December 31, 2000 deadline. For this reason, DSL is requesting approval to quitclaim the museum site to Lykes as a separate action. Since the subject request is for the purpose of clearing the Gaskins’ title and correcting an erroneous legal description, the phosphate, mineral, metal and petroleum reservations otherwise required, pursuant to section 270.011, F.S., have not been included in the deed to Lykes. Board of Trustees Agenda - December 12, 2000 Page Three ****************************************************************************** Item 3, cont. A consideration of the status of the local government comprehensive plan was not made for this item. DEP has determined that the proposed action is not subject to the local government planning process. (See Attachment 3, Pages 1-9) RECOMMEND APPROVAL
****************************************************************************** Substitute Item 4 Millender
Option Agreement/Apalachicola Bay CARL Project
REQUEST: Consideration of an option agreement to acquire three acres within the Apalachicola Bay CARL project from Marion E. Millender. COUNTY: Franklin LOCATION: Section 31, Township 08 South, Range 06 West CONSIDERATION: $460,000
* The property was acquired
in 1976. STAFF REMARKS: The Apalachicola Bay CARL project was ranked number 15 on the CARL Priority Project List approved by the Board of Trustees on September 12, 1991, and was removed from the 1992 CARL list because the project was 90 percent complete. The project is funded under the Division of State Lands’ Land Acquisition Workplan as a 90 percent complete project, and is eligible for acquisition pursuant to section 259.032(8), F.S. This project contains 41,989 acres, of which 37,824.46 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 4,161.54 acres or 10 percent of the project will remain to be acquired. All mortgages and liens will be satisfied at the time of closing. The nine mobile homes that were on the property when the appraisal was performed have since been removed. 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 title insurance policy, a survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing. The Apalachicola River and the bays at its mouth are some of the most significant natural areas in the southeast. The exceptionally productive Apalachicola Bay supports one of the largest sport and commercial fisheries in Florida -- producing up to 90 percent of Florida’s oysters -- and it is the economic base of Franklin County. Public acquisition of the Apalachicola Bay Board of Trustees Agenda - December 12, 2000 Page Four ******************************************************************************
Substitute Item 4, cont. CARL project will help protect the water quality and biological resources of this sensitive area by conserving undeveloped bayfront land on St. George Sound. Acquisition of the Millender property, which adjoins state-owned land, will further this effort by preventing development in this sensitive area. This property will be managed by DEP’s Office of Coastal and Aquatic Managed Areas as a part of the Apalachicola National Estuarine Research Reserve. This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 4, Pages 1-14) RECOMMEND APPROVAL
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Item 5 Gaidry Option Agreement/Managing Agency Designation/Management
Policy Statement Amendment/Pierce Mound Complex CARL Project
REQUEST: Consideration of (1) an option agreement to acquire 1.38 acres within the Pierce Mound Complex CARL project from Annegret E. Gaidry and Douglas W. Gaidry, her husband; (2) designation of the Department of Environmental Protection’s Office of Coastal and Aquatic Managed Areas as managing agency of the original project area and the Department of Environmental Protection’s Division of Recreation and Parks as the managing agency of the 10-acre addition; and (3) evaluation and amendment of the management policy statement for the Pierce Mound Complex CARL project. COUNTY: Franklin LOCATION: Section 01, Township 09 South, Range 08 West CONSIDERATION: $810,000
* The seller acquired the property
in 1994. STAFF REMARKS: The Pierce Mound Complex CARL project is ranked number 13 on the CARL Negotiation Impasse Projects 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 569 acres, of which these are the first to be acquired. After the Board of Trustees approves this agreement, 567.62 acres or 99.7 percent of the project will remain to be acquired. On October 24, 2000, the Board of Trustees approved the 2000 Interim CARL Report, which included a 10-acre addition to the Pierce Mound Complex CARL project. The addition, to be managed by the Department of Environmental Protection’s (DEP) Division of Recreation and Parks (DRP), includes the Orman House, the Chapman Botanical Gardens and two other parcels. Board of Trustees Agenda - December 12, 2000 Page Five
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Item 5, cont.
All mortgages and liens will be satisfied at the time of closing. Improvements on the property consist of a two and a half story, 3,875-square-foot single-family residence known as the Orman House, a pool and a livery building. The Orman House was built in 1838, and has been recently restored. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate DEP the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them as appropriate. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for any 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.
The Division of Historical Resources Florida Master Site file identifies the Orman House, built in 1838, as a significant state and local level example of typical early Florida prosperity and vernacular Greek Revival architecture in Florida. It won the Florida Trust for Historic Preservation Award in 1997 for an outstanding restoration. Once the Orman House property has been acquired by the state, the city of Apalachicola will lease the Chapman Botanical Garden, adjacent to the house, to the state.
Pursuant to section 259.032(9)(b)2., F.S., staff recommends that the Board of Trustees designate DEP’s Office of Coastal and Aquatic Managed Areas as managing agency of the original project area and DRP as the managing agency for the 10-acre addition.
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 2000 CARL Annual Report adopted by the Board of Trustees on February 22, 2000. Staff recommends that the Board of Trustees confirm the management policy statement as amended below: Management should provide for uses and recreational activities that are compatible with the protection of any rare and sensitive resources, particularly the mounds. The major activity will be interpretation of the cultural resources on the site in such a way that they are not degraded. The old railroad grade is suitable for a hiking trail. The Orman House and surrounding lands will become a hub of visitor activity providing access to the river and will accommodate special events.
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 1-27)
RECOMMEND APPROVAL Board of Trustees Agenda - December 12, 2000 Page Six REQUEST:
Consideration of an option agreement to
acquire 1.153 acres within the Washington Oaks State Gardens, Division
of Recreation and Parks’ Additions and Inholdings project from Austrian
Development of Florida, Inc.
COUNTY: Flagler
LOCATION: Section 17, Township 10 South,
Range 31 East
CONSIDERATION:
$324,000
*
The sellers’ purchase price included additional acres and a residence. The seller was in a partnership and bought
out the partners’ shares for approximately $800,000. The seller then satisfied a bank loan at foreclosure for $655,636,
making the purchase price approximately $1,455,636.
STAFF
REMARKS: The Washington Oaks State Gardens project
has been identified on the Division of Recreation and Parks' Additions
and Inholdings List. This
agreement was negotiated by the Division of State Lands on behalf
of the Division of Recreation and Parks (DRP) under the State Parks’
Additions and Inholdings Preservation 2000 program.
All mortgages and liens will be satisfied at the time of closing. This parcel does not have legal access. The property was appraised with the knowledge that legal access could be obtained from the seller. DRP, the future managing agency, has determined that the parcel can be accessed through adjoining state-owned land; therefore, the state is not seeking access through the seller’s remaining 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 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 prior to closing.
This 1.153-acre parcel has 150 oceanfront
feet and represents the last remaining undeveloped beachfront
property adjacent to the south side of Washington Oaks State Gardens. Acquisition of the property will deter development
of the beachfront, and preserve the buffer that the property presently
provides between existing development and the garden’s high quality
beach dune and coastal strand habitats.
The property will be managed by DRP as an
addition to the Washington Oaks State Gardens.
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 1-18)
RECOMMEND
APPROVAL
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