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AGENDA ****************************************************** Item
1 Minutes Submittal of the Minutes from the May 30, 2001 and June 12, 2001 Cabinet Meetings. (See Attachment
1, Pages 1-42)
RECOMMEND APPROVAL ****************************************************** Item 2 Florida
Keys National Marine Sanctuary Annual Status Report REQUEST: Acceptance of the Florida Keys National Marine Sanctuary Annual Status Report. COUNTY: Monroe STAFF REMARKS: On January 28, 1997, the Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund, approved the Florida Keys National Marine Sanctuary Final Management Plan for implementation in state waters and adopted a resolution containing conditions for that approval. One of the conditions was that the Florida Department of Environmental Protection, in cooperation with the National Oceanic and Atmospheric Administration, submit to the Board of Trustees an annual status report of the sanctuary’s implementation of the final management plan. Final federal rules and regulations for the sanctuary became effective July 1, 1997. This is the fourth annual report. (See Attachment 2, Pages 1-47) RECOMMEND ACCEPTANCE OF THE ANNUAL REPORT****************************************************** Item 3 Maxwell
Option Agreement/North Key Largo Hammocks CARL Project DEFERRED FROM THE JUNE 26, 2001 AGENDA REQUEST: Consideration of an option agreement to acquire 2.8 acres within the North Key Largo Hammocks CARL project from Mary Kaufman Maxwell, Trustee COUNTY: Monroe LOCATION: Section 03, Township 60 South, Range 40 East CONSIDERATION: $61,600
** $22,000/ac. STAFF REMARKS: The North Key Largo Hammocks CARL project was ranked number 1 on the CARL Substantially Complete 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. This project contains 4,508 acres, of which 4,264 acres have been Board of
Trustees Agenda -
August 14, 2001 Page Two
******************************************************
Item 3, cont. acquired or are under agreement to be acquired by the Board of Trustees. After the Board of Trustees approves this agreement, 241.2 acres, or five percent of the project, will remain to be acquired. The tropical rockland hammock of the North Key Largo CARL project is a highly endangered, rapidly disappearing natural community that supports numerous rare and endangered plant and animal species with limited distributions. The hammocks of North Key Largo are the best and largest examples of tropical hammock remaining in the United States. This project has over ten miles of shoreline that directly influence the adjacent waters of John Pennekamp Coral Reef State Park and the Florida Keys National Marine Sanctuary. Preservation of the project area in its natural condition will significantly aid in the maintenance of the high water quality necessary to support and manage the living reefs of the park, and it will conserve an area where the public can enjoy the original landscape of the subtropical Florida Keys. This project was originally known as New Mahogany Hammock on the first CARL list in 1980. The project was significantly expanded in 1986. By 1992, most property owned by willing sellers had been acquired. On September 15, 1992, the Board of Trustees directed the Department of Natural Resources (DNR) to exercise the power of eminent domain to acquire all remaining vacant parcels within the project, with an amendment to exclude this parcel, Number 56, from the condemnation resolution, and attempt to resolve our differences by mutual negotiations. Since 1992, DNR, now the Department of Environmental Protection (DEP), and the Attorney General’s Office have been pursuing eminent domain, and have acquired approximately 410 acres by eminent domain. The state has been negotiating with the owners of this parcel since the early 1990’s. The Maxwells own and operate a brine shrimp farm on a portion of the property. Its location within the North Key Largo Hammocks is an ideal setting, due to the state’s policy of not allowing the spraying for mosquitoes. Between the brine shrimp farm and the county road is the 2.8 acres of undisturbed hammock that is being acquired. While the parties had agreed to an acquisition proposal shortly after the Board of Trustees’ vote on condemnation, a significant amount of research had to be undertaken to ascertain the ownership of the existing driveway that goes from the county road to the brine shrimp farm in the rear of the property. It was initially thought that the driveway was on lands that had been acquired by the state, and an exchange of an easement across state lands along with a cash boot for the 2.8 acres of hammock was being proposed. As title and survey work was being performed, a question was raised as to the ownership of the road, and further research revealed that, in fact, a significant portion of the driveway was actually within a dedicated county right-of-way. Based on this new information, the acquisition proposal was altered to account for the existence of the county road right-of-way. On September 14, 1999, in order to induce more property owners to accept DEP’s offers and avoid eminent domain proceedings, the Board of Trustees authorized DSL to extend offers to property owners in the Gulfstream Shores and Knowlson Colony subdivisions on North Key Largo, at a price not to exceed $4,000 over appraised value for each parcel. The $4,000 was based on the highest taxable value assessed by the county, which was in tax year 1991. The taxable value for this parcel cannot be calculated, since it is combined with a contiguous parcel to the east. Staff believes $5,100 over approved value is appropriate, when compared to the cost associated with eminent domain and with the precedent set on September 14, 1999. Board of
Trustees Agenda -
August 14, 2001 Substitute
Page Three
******************************************************
Item 3, cont. In an effort to acquire this property and to avoid costly condemnation proceedings, an agreement was reached that is 10 percent over the approved value. If condemnation was to be pursued, the appraisals would have to be updated and current fair market value would have to be offered. In the condemnation of the Kaliopi property (parcel Number 43, case number 94-20495), 17 acres were awarded $50,000 per acre plus fees. Staff believes that to avoid unnecessary and costly litigation, approval of this transaction is warranted. The
option agreement grants a right of first refusal in favor of the Board
of Trustees over the portion of the property which contains the brine
shrimp farm, and which is being retained by the seller.
At closing, the seller will reserve an easement for a water line
that benefits the retained parcel.
An addendum to the option agreement further provides that the
Board of Trustees will grant a non-exclusive perpetual easement over
state-owned land in order to provide access to the parcel being retained
by the seller. This property will be managed by the Division of Recreation and Parks as part of the Key Largo Hammocks State Botanical site. This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. RECOMMEND WITHDRAWAL
****************************************************** Watters Option Agreements/Charlotte Harbor Flatwoods CARL Project REQUEST: Consideration of two option agreements to acquire 204.50 acres within the Charlotte Harbor Flatwoods CARL project from Margaret W. Watters and Alton C. Watters, Trustee. COUNTY: Lee LOCATION: Section 16, Township 43 South, Range 23 East CONSIDERATION: $490,800
* Acquired in 1979. ** $2,440/acre *** $2,372/acre
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 13,923.87 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves these agreements, 5,232.63 acres, or 27 percent of the project, will remain to be acquired. Board of
Trustees Agenda -
August 14, 2001 Substitute
Page Four
******************************************************
Substitute Item 4, cont. 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. Surveys, title insurance policies environmental site evaluations and, if necessary, environmental site assessments will be provided by the purchaser prior to closing. 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 project will protect these flatwoods and connect the Charlotte Harbor State Buffer Preserve with the Babcock-Webb Wildlife Management Area, helping to protect both of these managed areas and the waters of the aquatic preserve. The properties will be managed by the Florida Fish and Wildlife Conservation Commission 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 4, Pages 1-29) RECOMMEND APPROVAL
****************************************************** Item 5 Silver Harbor Ranch, Inc./Royce Option Agreement/FWCC/Lake Wales Ridge Wildlife And Environmental Area WITHDRAWN FROM THE JUNE 26, 2001 AGENDAREQUEST: Consideration of an option agreement to acquire 2,512 acres (subject to the sellers’ right to retain up to 165 acres, as set forth below) adjoining the Lake Wales Ridge Wildlife And Environmental Area by the Florida Fish and Wildlife Conservation Commission under the Florida Forever Fund from Silver Harbor Ranch, Inc., Raymond W. Royce, Catherine S. Royce and Raymond D. Royce. COUNTY: Highlands APPLICANT: Florida Fish and Wildlife Conservation Commission (FWCC) LOCATION: Sections 32 and 33, Township 35 South, Range 30 East; and Sections 03, 04, 05, 08, 09 and 10, Township 36 South, Range 30 East CONSIDERATION: $6,496,250 ($4,496,250 out of the Division of State Lands’ Florida Forever Account and $2,000,000 out of FWCC’s Florida Forever Account.)
Board of
Trustees Agenda -
August 14, 2001 Page Five
****************************************************** Item 5, cont.
* Subject to the sellers’ right to retain up to 165 acres. ** The appraiser has assigned a value of $6,533,000 to the ranch
excluding the area the seller has reserved the right to retain and the $12,000
value of the improvements the seller is removing. *** The owners have held title to the property for nearly a century.
**** $2,767/acre for 2,347 acres.
STAFF REMARKS: This acquisition was negotiated by FWCC under the P2000 program and was approved by FWCC on June 7, 2001. However, P2000 funds were reallocated and this acquisition will now be funded under the FWCC’s and the Department of Environmental Protection (DEP), Division of State Lands’ Florida Forever accounts. On July 12, 2001, the Acquisition and Restoration Council approved a boundary amendment that added this parcel to the boundary of the Lake Wales Ridge Ecosystem project, which is an “A” group project on the 2001 Florida Forever List. The seller initially agreed to sell the entire 2,512 acres for $6,900,000. Subsequently, the seller requested the right to retain title to a portion of the property, not to exceed 165 acres in total, prior to closing. The portion of the property the seller has reserved for retention was included in the appraisal of the ranch as a whole. For this reason, staff requested the approved value appraiser to assign a value to the ranch excluding the area designated for retention by the seller. The purchase price was reduced to reflect the decrease in acreage. All mortgages and liens will be satisfied at the time of closing. Improvements on the site include an office building, a picnic pavilion, an old lodge, two mobile homes, a barn, cattle pens, kennels, a sporting clay tower, irrigation pumps and sheds. The seller will retain ownership of and shall, within 120 days after closing, remove the mobile homes, the rustic lodge, and cattle pens. FWCC, the future managing agency, plans to evaluate and review the remaining improvements for their potential use and historical value during the development of the management plan for the property. The property is encumbered with a 50-foot easement for ingress/egress between Virginia Avenue and Lake Istokpoga. According to the appraisers, this easement does not measurably impact the value of the property. There is a hunting lease on the property that will be canceled prior to closing. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to 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, an environmental site assessment and a title insurance policy will be provided by FWCC prior to closing. Silver Harbor Ranch, Inc. consists of 2,512 acres along the western shoreline of Lake Istokpoga in Highlands County. The ranch has been primarily used for cattle grazing, sporting operations, and citrus production in recent years. While approximately nine percent of the ranch, or 223 acres, has been converted to citrus farming, approximately 91 percent, or 2,286 acres, of the property is still intact in native habitat and rangeland pasture. Both the Lake Wales Ridge Wildlife And Environmental Area and the Lake Istokpoga Fish Management Area adjoin the site. Although portions of the tract have been grazed or disturbed for agricultural use in the past, the ranch is an excellent example of the transition from the Highlands Ridge to the Istokpoga-Indian Prairie physiographic regions, and maintains high habitat diversity. The principle Board of Trustees Agenda -
August 14, 2001 Substitute
Page Six
****************************************************** Item 5, cont natural vegetation types on the property include sandhill, xeric oak scrub, live oak hammock, slash pine flatwoods, cutthroat grass seep, scrubby flatwoods, bayswamp, swamp thicket, meadow, freshwater marsh, and open upper and lower beach zones of Lake Istokpoga. The endangered cutthroat grass seep located on the property is believed to be the largest and best example of this vegetation type remaining within Florida, which is not in public ownership or otherwise protected. The Silver Harbor Ranch provides important habitat for a number of listed species. The Florida Natural Areas Inventory has conducted surveys for rare plants and has identified at least ten listed plant species that occur on the ranch. Listed wildlife species documented on the ranch include Florida black bear, bald eagle (at least two nests), Florida sandhill crane, gopher tortoise, Florida scrub jay, Eastern indigo snake, Sherman’s fox squirrel, wood stork, and sand skink. In addition, based on the presence of suitable habitat and nearby populations, it is believed that additional listed wildlife species including; Florida mouse, bluetail mole skink, swallow-tailed kite, crested caracara, and limpkin also inhabit the ranch. The ranch also contains an important archaeological site, a ceremonial and burial mound used by the Pre-Columbian Indians that lived in the region approximately 2,000 years ago. Evidence collected from the site indicates that the mound was used between 1 and 350 A.D., and shows that these early people traded with other Native American groups from the middle Mississippi Valley. This mound is one of the earliest burial mounds known in this part of the state. Acquisition of Silver Harbor Ranch will preserve significant natural and historical resources, provide additional habitat that is important to the conservation of many rare and endangered species of wildlife, and protect over four miles of Lake Istokpoga’s shoreline, which is currently undergoing a three million dollar FWCC lake restoration project. The acquisition will also connect the Lake Wales Ridge Wildlife And Environmental Area with the Lake Istokpoga Fish Management Area, increase public access, provide excellent fish and wildlife oriented recreation, create a more complete pattern of ownership for the wildlife environmental area, and enhance the overall management of the Lake Wales Ridge Wildlife And Environmental Area and the Lake Istokpoga Fish Management Area. The property will be managed by FWCC as an addition to the Lake Wales Ridge Wildlife And Environmental 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), the Natural Systems and Recreational Lands section of the State Comprehensive Plan (See Attachment 5, Pages 1-71) RECOMMEND APPROVAL ****************************************************** Substitute Item 6 Brevard County Option Agreement/Brevard Coastal Scrub Ecosystem Florida Forever Project REQUEST: Consideration of an option agreement to acquire 1,439 acres within the Brevard Coastal Scrub Ecosystem Florida Forever project from Brevard County. Board of
Trustees Agenda -
August 14, 2001 Substitute
Page Seven ****************************************************** Substitute Item 6, cont. COUNTY: Brevard LOCATION: Sections 01 and 12, Township 30 South, Range 37 East, and Section 05, 06 and 07, Township 30 South, Range 38 East CONSIDERATION: $935,000 (Board of Trustees’ 50 percent share of the $1,870,000 purchase price)
* $649.75/acre (The Board of Trustees’ share of the $1,299.51/acre total.) STAFF REMARKS: The Brevard Coastal Scrub Ecosystem project is a “B” group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on May 15, 2001; and, as a partner acquisition, is eligible for negotiation. This project contains 22,858 acres, 6,843 of which have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 14,576 acres, or 64 percent of the project, will remain to be acquired. Pursuant to a multi-party acquisition agreement with the Division of State Lands, Brevard County (County) acquired the property from Amistad Anstalt who had purchased the property in February 1981, for $2,181,400. If this item is approved, the Board of Trustees will reimburse the County for the lesser of 50 percent of the approved value or 50 percent of the County’s purchase price. In no event will the Board of Trustees’ purchase price exceed 50 percent of the approved value. Title to the property acquired will vest in the Board of Trustees. All mortgages and liens will be satisfied at the time of closing. A 30-foot wide Florida Gas transmission line easement traverses the property from north to south near the western border. The County has an 80-foot wide drainage easement over the eastern 130 feet of Section 07 and the property’s south property line in Section 05, and a 15-foot-wide drainage easement along the north edge of Cypress Lake Estates in Section 05. There is also a cattle/hunting/recreational lease to Thomas Fortson, which is cancelable upon sale. The appraisers have determined that the easements and lease do not have a negative impact on the value of the property. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for these and any other title issues that arise prior to closing. A
title insurance policy will be provided by the purchaser with the seller
reimbursing 50 percent of the purchaser’s cost of the policy. A survey and an environmental site assessment
will be provided by the seller. The
purchaser will reimburse 50 percent of the seller’s cost of the environmental
site assessment and the seller’s entire cost of the survey, not to exceed
$30,000. Board of Trustees Agenda -
August 14, 2001 Substitute
Page Eight
****************************************************** Substitute Item 6, cont. The strip of coastal scrub that once paralleled the Indian River in Brevard County is now a set of small fragments surrounded by housing developments. The property is located in a region of the county where there are still large areas of undeveloped lands available for conservation. It is adjacent to the 1,548.16-acre county-owned property acquired from MEP America, LLC. The property is a mosaic of natural communities, including wet, mesic, and scrubby flatwoods, oak hammock, cypress domes, and depression marshes and would preserve endangered habitat for species such as eastern indigo snakes, several species of wading birds (including wood storks, little blue herons, tri-colored herons, snowy egrets, and great blue herons), Florida sand hill cranes, Southeastern American kestrals, gopher tortoises and bobcats. Public acquisition of the Brevard Coastal Scrub Ecosystem project will preserve a few of the best remaining fragments, thus helping to ensure the survival of the endangered scrub jay and scrub itself in the county, and providing areas where the public can learn about and appreciate this unique landscape. The
property will be managed by the County as a conservation area with limited
public use. 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 1-30) RECOMMEND APPROVAL ****************************************************** Substitute Item 7 Springs Land Investments, LTD/Jessup Shores Limited Partnership Option Agreement/Winter Springs Town Center Project REQUEST: Consideration of an option agreement to acquire 9.4 acres within the Winter Springs Town Center project under the Florida Forever program from Springs Land Investments, LTD, and Jessup Shores Limited Partnership. COUNTY: Seminole APPLICANT: Department of Environmental
Protection, Office of Greenways and Trails (OGT) LOCATION: Section 42, Township 20 South, Range 30 East CONSIDERATION: $1,640,000
* The property was acquired over five years ago. ** $174,468/acre Board of
Trustees Agenda -
August 14, 2001 Substitute
Page Nine
****************************************************** Substitute Item 7, cont. STAFF REMARKS: The Winter Springs Town Center project has been identified on the Department of Environmental Protection (DEP), OGT approved acquisition list. Pursuant to a multi-party agreement between the DEP’s Division of State Lands, OGT and the City of Winter Springs (City), this acquisition was negotiated by the Division of State Lands on behalf of OGT under the Preservation 2000 Florida Greenways and Trails program. However, the Preservation 2000 funds were reallocated and OGT lost $7,957,246.36 of its funds. This made it necessary for OGT to reprioritize their acquisitions, with trail connectors having a higher priority than trailheads. Although trailheads are vital as the support system for a trail and it is inevitable that trailheads in urban areas will be more costly than in rural areas, the total cost of this particular trailhead consumes a large portion of the OGT acquisition funds. Currently the nearest trailhead (Black Hammock Trailhead) is approximately 2.5 miles from the Winter Springs Town Center project. This trailhead has a capacity of 40 parking spaces and it does have restroom facilities. Under these circumstances, the purchase price of $1,640,000 for a trailhead is not feasible. However, it was requested that this agreement be placed on the agenda. Although OGT does not currently require a match for funding, the City considered making a contribution of $750,000 towards the purchase price. This is the amount of funding that the City had anticipated to spend on the development of the trailhead. Even though this would reduce the Board of Trustees’ purchase price to $890,000, this amount still represents a significant portion of the OGT acquisition funds. The City has since determined that it will be unable to make the contribution. To date, OGT has contributed $600,000 towards this project, as well as a land exchange, which provided an additional 4.11 acres to the project. This property would be 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. All mortgages and liens would be satisfied at the time of closing. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to 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 would review, evaluate and implement the most appropriate resolution for any title issues that arose prior to closing. A title insurance policy, a survey, an environmental site evaluation and, if necessary, an environmental site assessment would be provided by the purchaser. This
acquisition consists of two non-contiguous parcels.
These parcels would be part of an interconnecting system of greenspaces
and trails throughout the Winter Springs Town Center and the Cross Seminole
Trail - which is a segment of the Florida National Scenic Trail. This project would enhance outdoor recreation,
along with providing a means of alternative transportation. The City plans to locate a trailhead on this
property, which would also support the Florida National Scenic Trail. Trailhead facilities would include trailhead
parking, welcome center and concession stand, restrooms, educational
information for recreational users, equestrian corral and picnic area. OGT would 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 -
August 14, 2001 Substitute
Page Ten
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Substitute Item 7, cont. This acquisition would be consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 7, Pages 1-27) RECOMMEND DENIAL Item 8 Cedars of Lebanon Cemetery, Inc. Conveyance/Surplus Determination REQUEST: Consideration of (1) a determination that a 2.67-acre parcel of state-owned land in Levy County no longer needs to be preserved in furtherance of the intent of the Florida Preservation 2000 Act, pursuant to section 259.101(6)(b), F.S.; (2) a determination that the parcel is no longer needed for conservation purposes, pursuant to section 253.034(6), F.S., and section 18, Article X of the Florida Constitution; (3) a determination that the parcel is surplus to the state’s needs; and (4) approval to convey the parcel to Cedars of Lebanon Cemetery, Inc. COUNTY: Levy Deed Number 30698
APPLICANT: Cedars of Lebanon Cemetery, Inc. (Cedars) LOCATION: Section 06, Township 16 South, Range 17 East CONSIDERATION:
$7,156.84, to be deposited in the Florida Forever Trust Fund,
Department of Agriculture and Consumer Services, Division of Forestry
Additions and Inholdings STAFF
REMARKS: The Department
of Agriculture and Consumer Services, Division of Forestry (DOF) currently
leases the subject parcel under Board of Trustees’ Lease Number 3976. DOF received a request from Cedars to use the
parcel for expansion of its cemetery.
The existing cemetery is landlocked by Goethe State Forest. Pursuant
to section 259.101(6)(b), F.S., before land may be surplussed there
shall first be a determination that such land no longer needs to be
preserved in furtherance of the intent of the Florida Preservation 2000
Act. Also, pursuant to section
253.034(6), F.S., and section 18, Article X of the Florida Constitution,
the Board of Trustees shall make a determination that the lands are
no longer needed for conservation purposes. On January 13, 2000, the Land Acquisition and
Management Advisory Council, predecessor to the Acquisition and Restoration
Council, approved a recommendation that the parcel is no longer needed
for conservation purposes and is no longer needed in furtherance of
the intent of the Florida Preservation 2000 Act.
The parcel is separated from the state forest by the existing
cemetery and a gas transmission line limiting DOF’s ability to manage
the land. The only other adjacent landowner has indicated
she is not a willing seller of her property to the Board of Trustees;
therefore, the 2.67-acre parcel will remain separated from the rest
of the state forest. In
accordance with section 253.111, F.S., and section 18-2, F.A.C., local
and state agencies were notified of the sale.
Pursuant to section 253.115, F.S., property owners within 500
feet of the subject parcel were notified of the sale.
The Department of Environmental Protection (DEP) received no
objections to the sale. Board of
Trustees Agenda -
August 14, 2001 Substitute
Page Eleven
****************************************************** Item 8, cont. The
parcel was appraised on August 7, 1997, by Frederick J. Snell, Jr.,
State Certified General Appraiser, for $5,800.
The appraisal did not take into consideration the value of timber
on the property. A separate
timber cruise prepared by A.W. Powers Forestry, Inc., established the
value of the timber on the property at $1,356.84, effective February
15, 2000. DOF reviewed the timber cruise and concurred with the value. A
consideration of the status of the local government comprehensive plan
was not made for this item. DEP
has determined that the transfer of real property is not subject to
the local government planning process. (See
Attachment 8, Pages 1-32) RECOMMEND APPROVAL ****************************************************** Substitute Item 9 City of Panama City Beach Surplus Land Sale/Determination/ Waiver of First Right of Refusal REQUEST: Consideration of (1) a determination that a 48.947-acre parcel of state-owned land in Bay County is no longer needed for conservation purposes, pursuant to section 253.034(6), F.S., and section 18, Article X of the Florida Constitution; (2) a determination that the parcel is surplus to the state’s needs, pursuant to section 253.034(6), F.S.; (3) approval of the sale of the parcel to the City of Panama City Beach; (4) a permanent waiver of the Board of Trustees’ right of first refusal to reacquire a 15-acre portion of the property, as set forth in section 253.034(6)(g), F.S. COUNTY: Bay Deed No. 30805 Applicant: City of Panama City Beach (City) LOCATION: Section 20, Township 03 South, Range 16 West CONSIDERATION: $2,226,600 to be deposited in the Land Acquisition Trust Fund. STAFF REMARKS: In January 1979, the Board of Trustees acquired 48.947 acres of land in Panama City Beach, Bay County. The City originally proposed the 1979 purchase as a local assistance project; however, the City was unable to meet the matching fund requirements of existing state assistance programs. The Board of Trustees purchased the subject property for $2,226,600 from the Land Acquisition Trust Fund. The
state-owned 48.947 acres of land lie north and south of Front Beach
Road, within the municipal limits of the City.
In 1982, the state-owned land was leased to the City for the
purpose of developing recreation facilities, operating and maintaining
the premises and facilities for general public recreation uses, in accordance
with the lease agreement. In the years that followed, the City developed
parking and restroom facilities and established the Aaron Bessant Park
(Park). In the mid-1990’s, significant
damage occurred as a result of Hurricane Opal and the picnic facilities
were substantially destroyed. At
present, a 400-space paved and lighted parking lot, a public restroom
building and a large open field comprise the improvements of the Park. The Park is currently underutilized and will require substantial Board of
Trustees Agenda -
August 14, 2001 Substitute
Page Twelve ****************************************************** Substitute Item 9, cont. capital improvements to make the Park more attractive and useful to the community; however, the City’s economic status has not allowed for these improvements to be made. In
1998, the City approached the St. Joe Corporation (St. Joe) and asked
for assistance in improving vehicular access to the Park and in identifying
land to provide additional parking needed to support community events
at the Park. A cooperative effort between the City and
St. Joe created a Community Redevelopment Agency, which resulted in
a Community Redevelopment Plan (Pier Park Plan) and a partnership agreement. The Pier Park Plan provides for redevelopment
of the park and the surrounding area in order to provide the improvements
to make the park more attractive and useful to the community by hosting
special events, festivals and entertainment-related activities that
are critical to sustaining the local tourism industry and expanding
tourism in the off-seasons. Improved
facilities will enhance the quality of events and provide for an increased
number of future activities for the community.
The Pier Park Plan will provide the services necessary to allow
the existing Park area to fully realize its potential as a public amenity. This item was originally proposed as an exchange with St. Joe. However, if the proposed exchange occurred, it would have had a negative impact on the functional utility of the remaining land owned by the Board of Trustees. This negative impact would have been created by diminished access to Front Beach Road and the expansion of an existing pond into a stormwater retention pond, which was intended to service the proposed community redevelopment project. In
order to carry out the proposed community redevelopment project, it
would benefit the city to have fee-simple ownership of the property.
The Legislature, in section 163.400(1), F.S., has expressly authorized
and empowered any public body to do any and all things necessary to
aid or cooperate in the planning or carrying out of a community redevelopment
plan or related activities. Although approximately 15 acres of the site will be utilized for commercial purposes, the remaining 34 acres of the property will be used by the City for uses such as recreation, conservation, education and special events, such as festivals. Restrictive covenants will be included in the deed, limiting the use of the 34 acres to these uses in perpetuity. These restrictive covenants will not preclude the establishment of stormwater transmission and retention facilities serving the subject and adjacent lands, which are reasonable necessary to carry out the Pier Park Plan. The deed to the City will also contain a restrictive covenant providing, in perpetuity, public access to the beach land to the south of Front Beach Road. The subject property will be conveyed to the City pursuant to section 253.034(6)(g), F.S., which provides that lands determined to be surplus pursuant to this section shall be sold for fair market value or the price paid by the state, whichever is greater, except that the price of lands sold as surplus to any unit of government shall not exceed the price paid by the state to originally acquire the lands. The state originally paid $2,226,600, or $45,490.02 per acre, to acquire the 48.947-acre park site. If the Board of Trustees approves this surplus land determination for the 48.947 acres, they will convey the land to the City for $2,226,600. Pursuant
to section 253.034(6)(g), F.S., a unit of government which acquires
title pursuant to this section for less than fair market value may not
sell or transfer title to all or any portion of the land to any private
owner for a period of ten years. Furthermore, any unit of government seeking
to transfer or sell lands pursuant to this paragraph after ten years
shall first allow the Board of Trustees to reacquire such lands for
the price at which it sold the lands.
In order to assist the City in carrying out its community redevelopment
plan, staff recommends that the Board of Trustees Agenda -
August 14, 2001 Substitute
Page Thirteen
****************************************************** Substitute Item 9, cont. Board
of Trustees agree to not seek to reacquire, at any point in the future,
that portion of the subject property consisting of approximately
15 acres which will be utilized for commercial purposes by St. Joe as
part of the Development of Regional Impact.
To do so in this instance would hinder the implementation of
the community redevelopment plan and would not allow the City to participate
in the proposed project. Without the sale of land to the City, the Pier Park Plan and the attendant public benefits cannot occur in what is considered by the City to be the most functional and desirable manner. The Pier Park Plan will add over 70 acres of local public land use and provide critical connections between this site and adjacent parklands. The subject property is a split parcel, divided by Front Beach Road. The majority of the site to the north of Front Beach Road consists of disturbed uplands (approximately 31 acres). There is a small lake (approximately 3 acres), with a vegetated, non-forested wetland adjacent to the lake (approximately 6 acres). The remainder of the site is made up of small amounts of sand pine (approximately 3 acres), shrub and brush land (approximately 0.9 acre), coastal scrub (approximately 0.6 acre), a man-made canal (approximately 0.2 acre) and spoil areas (approximately 0.1 acre). Due to past disturbance of the site and development of surrounding areas, both the upland and wetland communities are low to medium quality. The area to the south of Front Beach Road, which consists of approximately 4 acres, is a sandy beach with some restored dune. This site was purchased by the state for use by the City for high intensity recreation purposes. With consideration to the disturbed state of the site and the unremarkable resource value, staff feels that the subject property is not needed for conservation purposes. The Acquisition and Restoration Council (ARC) recommended approval of a surplus land designation and the sale of the 48.947-acre parcel to the City on July 12, 2001. In accordance with section 253.034(6)(f), F.S., the property was offered to state agencies and local governments for a period of 30 days. No unit of government other than the City expressed an interest in acquiring the property. ARC has surplussed the subject property and recommended that it be sold to the City. Pursuant to section 253.115, F.S., property owners within 500 feet of the subject property were notified of the sale. The Department of Environmental Protection (DEP) received no objections to the sale. 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 9, Pages 1-33) RECOMMEND APPROVAL ***************************************************** BOT/SFWMD
Acquisition Agreement Amendment/Corkscrew Regional Ecosystem Watershed
CARL Project/Southern CREW Critical Project/Substitution of Contract
Approval Procedures REQUEST: Consideration of a request to (1) amend the acquisition agreement between the Board of Trustees and the South Florida Water Management District (District) concerning the Corkscrew Regional Ecosystem Watershed CARL (CREW) project to authorize the District to (a) extend offers for that portion of the CREW project known as the Southern CREW Critical Project (Critical CREW) lying north and east of the most westerly proposed alignment of Board of
Trustees Agenda -
August 14, 2001 Substitute
Page Fourteen
****************************************************** Substitute Item 10, cont. County Road 951 that exceed the appraised value by the greater of $5,000 or up to 125 percent of the appraised value, and (b) purchase improved property; and (2) approve a substitute procedure allowing any resulting contracts to be approved according to the current delegations. COUNTY: Lee STAFF REMARKS: The CREW project is an “A” group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on May 15, 2001. The CREW project was first placed on the CARL list in 1991. The project contains 59,008 acres, of which 20,274 acres have been acquired by the District and Lee County, and 1,369.11 acres have been acquired by or are under contract to the Board of Trustees. The Critical CREW portion of the CREW project is located in the Southeast quarter of Section 24, all of Sections 25, 26, 32, 33, 34, 35 and 36, Township 47 South, Range 26 East, Lee County, Florida, and consists of 4,609.43 acres of which 902 acres have been acquired by the District and Lee County, and 1,369.11 acres have been acquired by or are under contract to the Board of Trustees. The Critical CREW project was added to the CREW CARL project boundary on December 5, 1996. There are approximately 213 ownerships remaining in that portion of the Critical CREW project lying north and east of the most westerly proposed alignment of County Road 951. Included in the 213 ownerships are approximately 38 improved parcels, of which 23 have been acquired or are under contract. All improved parcels will be negotiated following federal guidelines, including the payment of eligible relocation benefits. All residential and business occupants, either owners or tenants, will be eligible for some form of relocation benefits under the Federal Uniform Relocation Act. The District will use federal grant funds for all relocation benefits. Public
acquisition is essential to continue the preservation and restoration
of this endangered ecosystem that is a vital component of the Comprehensive
Everglades Restoration Plan. Acquisition
of this land is critical to improving water quality and water quantity
(hydroperiod), both of which are necessary to restore the Big Cypress
Basin portion of the Everglades ecosystem.
That supports a unique diversity of plants and animals not found
anywhere else. Restoration benefits include the following: · Preservation of the natural water storage potential provided by the natural attributes of these lands; · Re-establishment of historical flows across those wetlands currently impeded by roads and structures to avoid forcing more water eastward through the CREW Project and the Corkscrew Swamp Sanctuary which could harm natural wetlands by increasing hydroperiods in these areas; · Restoration of the historical flowway of the Imperial River by removing structures and filled area reducing the depth and duration of stormwater impacting natural areas; · Reduction of existing loads of nutrients and other pollutants to the Imperial River; · Avoidance of additional encroachment of development into flood-prone areas; and · In addition to provision of critical wildlife habitat, the acquired land will provide additional freshwater supplies for protected natural areas including Corkscrew Swamp, Florida Panther National Wildlife Refuge and Everglades National Park. The
District, under the acquisition agreement approved by the Board of Trustees,
has extended offers at the current appraised value for parcels within
the Critical CREW project. Pursuant to the terms of the acquisition agreement,
the Board of Trustees reimburses the District for all Board of
Trustees Agenda -
August 14, 2001 Substitute
Page Fifteen
****************************************************** Substitute Item 10, cont. costs
associated with acquiring the property, including pre-acquisition and
closing related costs. The Board
of Trustees’ purchase price is 100 percent of the purchase price negotiated
by the District (plus 100 percent of the cost incurred in the acquisition
of the property). Title to the property acquired vests in the
Board of Trustees. In
conjunction with tendering these offers, the District provided owners
with an appraisal certification to document the 100 percent offer. While some owners accepted the offer and contracts have been processed,
the remaining owners have either rejected the offer to purchase or did
not respond. To meet the deadline
for completion of land acquisition to allow the restoration work necessary
for the project to commence, the District has begun the process of exercising
eminent domain to acquire unimproved parcels from unwilling sellers. The majority of remaining owners are considered
to be unwilling sellers and it will be necessary to exercise eminent
domain proceedings for the remaining parcels including the 15 improved
parcels. The
District believes that approval to amend the acquisition agreement to
allow it to exceed the appraised value by the greater of $5,000 or up
to 125 percent of the appraised value, together with allowing DSL to
approve any offers within these limits, will increase the likelihood
of voluntary acquisitions, reduce the number of lengthy and expensive
condemnations and reduce the overall project acquisition cost. In 1994, the legislature enacted section 4, 94-240, Laws of Florida, which provides the authority currently codified at section 259.041(17), F.S., to adopt District procedures for joint acquisitions. On June 27, 1995, the Board of Trustees authorized staff to enter into an acquisition agreement with the District to acquire various ownerships located within the CREW CARL project in accordance with section 259.041(17), F.S., utilizing the procedures set out in section 373.139, F.S. On October 30, 1995, the Land Acquisition Advisory Council expanded the project boundary, eliminated the $10 million cap and designated the project a shared acquisition with the District. As a shared acquisition, the District and the Board of Trustees are each expected to spend the same amount in acquiring land within the project. Since the District has already expended $13,360,000 for land in the project, staff agreed that it would be appropriate for the Board of Trustees to match those purchases before the 50/50 shared acquisitions will resume. The District provided documentation, acceptable to the Division of State Lands, establishing the District’s expenditure in this project. The remaining matching balance is now approximately $9,867,700. A second amendment to the acquisition agreement on December 14, 1999 (1) authorized the District to use funds paid by the Board of Trustees under the provisions of the acquisition agreement as a state match for federal funds; and (2) specified that state funds will only be used for those unimproved parcels voluntarily acquired. On June 10, 1999, the District submitted a request for federal assistance in the amount of $7,000,000 to the U. S. Department of Interior (Interior) for land acquisition within the Critical CREW Restoration project located in southern Lee County, Florida. The $7,000,000 made available from Interior’s Land and Water Conservation Fund budgeted for this project is to be matched with lands previously purchased with fiscal year 1999 state funds and/or new purchases.On July 29, 1999, the award was approved by Interior to be used to preserve about 4,670 acres as part of the Critical CREW Restoration project. The state’s match of funds for the total project is currently approximately $600,000 less than the matching federal funds. This disparity in matching funds will continue to widen without the Board of Trustees’ contribution for the acquisition of all remaining parcels at over appraised value, including improved parcels.Section
259.041(3), F.S., provides that when the purchase price agreed to by
the seller exceeds the value as established pursuant to the rules of
the Board of Trustees, the Sale and Purchase Board of
Trustees Agenda -
August 14, 2001 Substitute
Page Sixteen
****************************************************** Substitute Item 10, cont. The
property will be managed by the District as lead manager with the Florida
Fish and Wildlife Conservation Commission as cooperating manager. 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 10, Pages 1-21) RECOMMEND APPROVAL*************************************************** |
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