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AGENDA
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND SEPTEMBER 18,
2003
******************************************************************************* Item
1
Minutes Submittal of the Minutes from the May 13, 2003 and the May 28, 2003
Cabinet Meetings. (Attachment 1, Pages 1-50) RECOMMEND
APPROVAL ******************************************************************************* Item
2
Florida Keys National Marine Sanctuary Annual Status
Report REQUEST:
Acceptance of the sixth annual status report of the Florida Keys
National Marine Sanctuary.
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 management plan for implementation
in state waters and adopted a resolution containing conditions for that
approval. The annual submission of a report of the activities and
conditions of the sanctuary to the Trustees is one of those requirements.
This is the sixth of those annual reports covering the period of July 1,
2002 through June 30, 2003. The following items describe the condition of
the resources and the most significant sanctuary activities during this
period.
Status
of the Coral Reefs in the Florida Keys: Coral reefs declined in health on
a global scale between 1996 and 1999 due to global coral bleaching events
in 1997 and 1998. Recent media attention about this worldwide decline of
corals has heightened awareness and concern for the coral condition in the
sanctuary. The U.S. Environmental Protection Agency (EPA) and the National
Oceanic and Atmospheric Administration (NOAA) funded a coral reef
monitoring program that the Florida Marine Research Institute implemented
in 1996. Although there was a
35% decline in the overall coral cover and diversity from 1996 through
1999 in the Florida Keys, the coral cover has not shown a decline for the
past four years. The 35% level of decline in the Florida Keys was
consistent with that measured throughout the Caribbean for those
years. The major problems
attributing to coral reef degradation in the Florida Keys are the stresses
from pollution, physical impacts and
over-fishing. Status
of the Seagrass Communities in the Florida Keys: Changes in the nitrogen
to phosphorus ratios in the nearshore waters of the Keys have caused the
expected corresponding shift of the plant community from a seagrass to an
algae dominated community. Temporary Closure of White Bank Dry Rocks Reef: The north and south
patch reefs of White Bank Dry Rocks Reef was closed for 60 days because of
coral mortality. Staghorn coral in the north patch reef died while other
coral colonies showed partial mortality. Scientists from NOAA and the
Coral Disease and Health Consortium monitored the site and performed
studies to determine the cause of the coral mortality. In other regions of
the sanctuary, this condition has been documented but has not caused
significant mortality, with the exception of an area in the Dry Tortugas
National Park where approximately 70% of a large coral patch died. The
Corals demonstrating partial mortality may recover. This site was
re-opened for public use on August 10, 2003.
Implementation of the Particularly Sensitive Sea Area (PSSA): The
International Maritime Organization (IMO) designated a 3,000 square
nautical mile area, which encompasses the entire sanctuary as a PSSA on
December 1, 2002. This is one of only five PSSAs in the world. Ships greater than 50 meters (164
feet) are prohibited from anchoring in the zone and are entirely excluded
from certain areas within the zone. This will safeguard vulnerable natural
resources while simultaneously supporting
shipping.
Board of Trustees
Agenda – September 18, 2003
Page Two ******************************************************************************* Item
2, cont. U.S.
Navy Dredging Project: The U.S. Navy submitted plans and permit requests
to the permitting agencies for a proposed maintenance dredging project in
the Key West Harbor and Main Ship Channel to provide safe passage for
large U.S. Navy vessels. The DEP and U.S. Army Corps of Engineers permits
have been issued. The project was designed to support Homeland Security
Department objectives, and U.S. Navy and Marine Corps training operations
following the discontinuation of training at Vieques, Puerto Rico while
ensuring the protection of the natural and cultural resources throughout
the two-year project, which will start in January, 2004. Restoration of the Diego
Grounding: More than 1,100 coral colonies and fragments were re-attached
at a large-scale coral reef restoration site in the Tortugas Ecological
Reserve (TER) where the
merchant vessel MSC Diego
anchored illegally.
Whale
Strandings: On April 18, 2003, a pod of 28 pilot whales were stranded in
shallow, near-shore waters of the Lower Florida Keys. The public and
government agencies responded rapidly to rescue the stranded whales.
Volunteers joined the National Marine Fisheries Service rescue team to
assist, as well as other agencies including DEP, NOAA, Florida Fish and
Wildlife Conservation Commission (FWC), and the U.S. Coast Guard. Approximately ten of the whales
were successfully guided to deeper waters. However, several whales died of
natural causes and six of the sickest animals were euthanized. Five others
were rehabilitated over the following three months in a canal on state
property on Big Pine Key. They were released on August 9, 2003 in the
nutrient rich waters of the Gulfstream. The five rehabilitated whales were
tagged with tracking devices and monitored for two weeks by large offshore
vessels and researchers from the NMFS. Increased Enforcement: The FWC Sanctuary Enforcement Team (SET) now
has all seventeen enforcement officer positions filled with trained
officers. Thus, violations in the Tortugas Ecological Reserve have
decreased approximately 40% in the second half of the 2002-2003 state
fiscal year. Additionally, the officers have developed new and innovative
tactics such as using light duty, portable kayaks to work in the shallow
waters of the Keys where many of the small craft groundings occur.
Tortugas Mooring Plan Implementation: The Tortugas Ecological
Reserve North mooring buoy field is near completion. The third of four
phases of mooring buoy installation in TER North has been completed and is
now available for public use.
Use of
Delegated Authority for Emergency Actions: In December 2002, the M/V Done Deal sank in state waters of
the sanctuary and was abandoned and forfeited by the owner to the state.
Under Board delegated authority, DEP allocated funds from the Ecosystem
Management and Restoration Trust Fund to rapidly remove the derelict
shrimping vessel from a sensitive coral area in the Dry Tortugas on
February 2003. This expedient cooperative effort with the National Park
Service allowed for a cost-effective salvage of the abandoned vessel while
avoiding additional damage to the natural resources. Status of Marine Protected Areas: The marine zoning plan
implemented in the sanctuary provides a common sense approach to protect
sensitive resources, while restricting commercial and recreational uses
only to the minimum extent necessary to protect the ecosystem. The results
to date have shown that heavily exploited, mobile species have increased
in population density and size without any indication of adverse
socio-economic impact.
Board of Trustees
Agenda – September 18, 2003
Page Three ******************************************************************************* Item
2, cont. Status
of the Management Plan: The 1992 Congressional re-authorization of the
National Marine Sanctuaries Act requires sanctuaries to review their
management plans every five years to monitor and evaluate the progress of
the mission to protect the natural and cultural resources of national
significance. The Board also mandated this review in a resolution on
January 28, 1997. The management plan review process began in 2001 with
public scoping meetings held throughout the Florida Keys. The revised
management plan includes new actions plans for Administration, and Damage
Assessment and Restoration. The revised draft management plan is scheduled
for availability to the Board and NOAA headquarters late in
2003. (See
Attachment 2, Pages 1-17) RECOMMEND
APPROVAL
******************************************************************************* Item
3
BOT/United States of
America/Determination/Conveyance REQUEST: Consideration
of (1) a determination that pursuant to section 18-2.018(3)(b)1.c.,
F.A.C., the conveyance of 329.95 acres of Board of Trustees-owned land
provides a greater benefit to the public than its retention in Board of
Trustees’ ownership; and (2) a request to convey 329.95 acres of Board of
Trustees-owned land to the United States of
America. COUNTY:
Collier
Deed Number 40165 APPLICANT: United
States of America LOCATION: Sections 15,
21 and 22, Township 54 South, Range 35 East; Sections 13 through 18, 20,
22, 23 and 24, Township 54 South, Range 36 East; Sections 07, 10, 14, 18,
19, 20, 23, 24, 26, 27, 29, 30 and 32, Township 54 South, Range 37 East;
Sections 19, 21, 23, 28, 30 and 31, Township 54 South, Range 38 East;
Sections 04, 06, 08, 10, 11, 14, 18, 21, 27, 29, 32 and 36, Township 55
South, Range 37 East; Sections 16 and 20, Township 55 South, Range 38
East; and Section 28, Township 57 South, Range 38
East STAFF
REMARKS: The Everglades
National Park Protection and Expansion Act of 1989 (Act) expanded the
boundaries of Everglades National Park (ENP) by 107,600 acres to include
the Northeast Shark River Slough and East Everglades (Addition). The Act states that the State of
Florida and certain of its political subdivisions or agencies are willing
to transfer approximately 35,000 acres of land under their jurisdiction to
ENP in order to protect the lands and water within the park. The Act further provides for the
acquisition of the remaining lands within the Addition and that not less
than 20 percent of land acquisition costs within the Addition shall be
provided by the State of Florida.
On February 16, 1989, the Board of Trustees signed a resolution
strongly supporting the joint federal-state acquisition of the East
Everglades and the inclusion of state land in the expansion of ENP. On July 23, 1991, the Board of
Trustees approved the transfer of 25,000 acres of state-owned land in the
East Everglades to the National Park Service for inclusion in the
ENP. On
December 17, 2001, the National Park Service (NPS) forwarded letters to
the South Florida Water Management District (SFWMD) and Department of
Environmental Protection (DEP), Division of State Lands (DSL), requesting
a meeting to coordinate the donation of approximately 2,089 acres of
additional public land in the ENP to the United States. NPS records indicated that 531.62
acres of Board of Trustees land, and 1,557.38 acres of SFWMD land,
remained within the ENP park boundary. DSL’s Bureau of Survey and Mapping
has
Board of Trustees
Agenda – September 18, 2003
Page Four ******************************************************************************* Item
3, cont. determined that 160 of those acres were conveyed to the NPS in
1995. Deeds have been found
for 329.95 acres of land acquired by the Board of Trustees since the
initial conveyance. This
acreage includes 145 acres located in the abandoned right-of-way of
Tamiami Trail.
This
final donation along with the previous donation from the Board of Trustees
and SFWMD fulfill all obligations by the State of Florida pursuant to the
Act. The Board of Trustees
will have conveyed 25,489.95 acres, more or less, and the SFWMD will have
conveyed 18,881.98 acres, more or less. The 25,000 acres initially
conveyed to the federal government were acquired prior to the Act and
qualify as part of the state’s 20 percent share of land acquisition
costs. Pursuant to section 18-2.018(3)(b)1.c., F.A.C., the 329.95 acres
may be conveyed to the United States of America if the Board of Trustees
makes an affirmative finding, pursuant to section 18-2.018(3)(b)1.c.,
F.A.C., that the conveyance of this land provides a greater benefit to the
public than its retention in Board of Trustees’ ownership. DEP staff believes that the
conveyance will benefit the public for the following reasons: (1) the lands in question are
scattered throughout ENP and would be best protected under federal
management as part of the park; (2) ownership by a single entity is
necessary to ensure the most efficient and consistent management of park
lands and is crucial to restoration of natural hydrologic conditions
within the Everglades ecosystem; (3) conveyance will eliminate costs to
the Board of Trustees associated with long-term management of the lands,
which may include law enforcement to prevent trespass and illegal dumping
and exotic removal; and (4) the NPS will provide continued protection of
this unique and irreplaceable ecosystem. 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 3, Pages 1-35) RECOMMEND APPROVAL ******************************************************************************* Item
4
Sale of State-owned Land/Nassau County/Michael & Vickie
Franklin REQUEST: Consideration
of a request to sell 14.92 acres of state-owned land in Nassau County to
Michael Franklin and Vickie V. Franklin, husband and
wife. COUNTY:
Nassau
Deed No. 30963 APPLICANT: Michael
Franklin and Vickie V. Franklin, husband and
wife LOCATION: Section 08,
17 and 18, Township 03 North, Range 24 East; and Section 30, Township 02
North, Range 25 East CONSIDERATION: $7,500
to be deposited into the Internal Improvement Trust
Fund
APPRAISED BY
BUYER’S
Lucas
APPRAISED
PURCHASE
CLOSING PARCEL
ACRES
(05/15/02)
VALUE PRICE
DATE
45-1430.0 0.60
$ 300
$ 300
$ 300
60 days after 45-1020.0
1.66
$ 850
$ 850
$ 850
BOT approval 45-1050.0 1.49
$ 750
$ 750
$
750 45-1260.0 1.00
$ 500
$ 500
$
500 45-1270.0
10.17
$5,100
$5,100
$5,100 Total
14.92
$7,500
$7,500
$7,500
Board of Trustees
Agenda – September 18, 2003
Page Five ******************************************************************************* Item
4, cont. STAFF
REMARKS: The Board of
Trustees originally acquired this parcel of land pursuant to chapter
18296, 1937 Laws of Florida, known as the Murphy Act. The act provided for statutory
forfeiture of lands for nonpayment of taxes. Tax certificates unredeemed as of
June 9, 1939, were automatically converted to fee simple title in the name
of the state. Pursuant to
section 253.034(6)(c), F.S., for nonconservation lands, the Department of
Environmental Protection (DEP), Division of State Lands (DSL) shall review
such lands and shall recommend to the Board of Trustees whether such lands
should be retained in public ownership or disposed of by the Board of
Trustees. Pursuant to section 253.034(6)(h), F.S., lands determined to be
surplus, which were acquired by a unit of government by gift, donation,
grant, quitclaim deed, or other such conveyance where no monetary
consideration was exchanged, may be sold based on one
appraisal. DSL
received a request from Michael Franklin and Vickie V. Franklin, husband
and wife, to purchase five parcels totaling 14.92 acres of state-owned
land. In
accordance with section 253.111, F.S., Nassau County and state agencies
were notified of the sale and did not express any interest in the
property. Pursuant to section
253.115, F.S., property owners within 500 feet of the subject property
were also notified and no objections were
received. A
consideration of the status of the local government comprehensive plan was
not made for this item. DEP
has determined that surplus land sales are not subject to the local
government planning process. (See
Attachment 4, Pages 1-39) RECOMMEND APPROVAL ******************************************************************************* Item
5
Release of Roadway Easement/License Agreement/Rookery Bay National
Estuarine Research Reserve REQUEST: Consideration
of a request to (1) release a 0.574-acre perpetual roadway easement in
Collier County adjacent to Rookery Bay National Estuarine Research
Reserve; and (2) approve a license agreement for access and construction
activities. COUNTY:
Collier APPLICANT: David N.
Sexton, Trustee under Land Trust Agreement dated May 10,
2002 LOCATION: Section 04,
Township 51 South, Range 26 East CONSIDERATION: Release
of a roadway easement and deed of easement across Rookery Bay National
Estuarine Research Reserve (RBNERR); and construction of a firebreak and a
paved and gated driveway apron on RBNERR STAFF
REMARKS: In July 1964,
Milford and Diana Morgan purchased land in Collier County (Morgan Parcel)
subject to a 30-foot roadway easement extending 715.46 feet across the
northern boundary of their property and connecting with Barefoot Williams
Road (Morgan Easement). The
Morgan Easement was granted in favor of not only the sellers of the
property, but also all current owners of abutting lands and the
public. In July 1967, the
Morgans entered into a Deed of Easement (Multi-party Easement) with Arthur
T. McIntosh, Jr., owner of the land to the west of the Morgan Parcel
(McIntosh Parcel), and Roy S. Lewin, owner of the land to the north of the
Morgan Parcel (Lewin Parcel).
As abutting landowners, both Mr.
McIntosh
Board of Trustees
Agenda – September 18, 2003
Page Six ******************************************************************************* Item
5, cont. and
Mr. Lewin were already beneficiaries of the Morgan Easement. Under the
terms of the Multi-party Easement, an additional easement was created
across 775.46 feet of the Lewin Parcel, and 60 feet of the of the McIntosh
Parcel. The end result was an
approximate 60-foot-wide by 775.46-foot-long, more or less, easement
across the southern 30 feet of Mr. Lewin’s property, and the northern 30
feet of the Morgan Parcel and a portion of the McIntosh
Parcel. The
Board of Trustees now owns both the Morgan and McIntosh Parcels. The Department of Environmental
Protection (DEP), Office of Coastal and Aquatic Managed Areas (CAMA),
manages both parcels as part of RBNERR under Board of Trustees’ Lease
Number 3819. The applicant,
representing Emerald Lakes Joint Venture (Emerald Lakes), is the current
owner of the Lewin Parcel. In
March 2003, Emerald Lakes submitted a request to have the Board of
Trustees release that portion of the Multi-party Easement crossing the
Lewin Parcel. As
consideration for the release, Emerald Lakes agreed to construct a
firebreak and a paved and gated driveway apron on RBNERR. CAMA reviewed the request and
recommended approval of the release.
During the course of reviewing the application, Emerald Lakes’
right to use the Multi-party and Morgan Easements where they cross the
Morgan and McIntosh Parcels (now RBNERR) was identified. As additional
consideration, Emerald Lakes has agreed to release its interest in the
portion of the Multi-party and Morgan Easements located on the
RBNERR. A
license agreement has also been prepared authorizing Emerald Lakes access
to RBNERR for the purpose of constructing the firebreak and driveway.
Pursuant to section 18-2.018(1)(a), F.A.C., the decision to authorize the
use of Board of Trustees’ uplands requires a determination that such use
is not contrary to the public interest. DEP staff has determined that the
proposed license agreement is necessary for construction of the
improvements Emerald Lakes will provide as consideration for the release
of easement and, therefore, is not contrary to the public interest.
A
consideration of the status of any local government comprehensive plans
was not made for this item.
DEP has determined that the proposed action is not subject to the
local government planning process. (See
Attachment 5, Pages 1-32) RECOMMEND APPROVAL
******************************************************************************* Item
6
City of Jacksonville Option Agreement/West Jacksonville Greenway
Connector Greenways and Trails Florida Forever
Project REQUEST: Consideration of an option agreement to acquire
94.91 acres within the West Jacksonville Greenway Connector Greenways and
Trails Florida Forever project from the City of
Jacksonville. COUNTY: Duval LOCATION: Sections 20 and 21, Township 02 South, Range 24
East CONSIDERATION: $190,814 (Board of Trustees’ 50 percent share
of the total purchase price of $381,628)
APPRAISED BY
SELLER’S
TRUSTEES’
Brown
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL
ACRES
(09/05/01)
VALUE PRICE PRICE
DATE
Nemours A,B
66.85
$260,300
$276,100* $275,000
90 days after Hawkins
28.06
$106,400
$106,628* $106,628
__________
BOT approval
94.91
$382,728 $381,628**
$190,814***
(50%)
*
The approved values were adjusted to reflect an increase in the
acreage.
** The City of
Jacksonville purchased the Nemours parcel on 10/31/02 and the Hawkins
parcel on 10/11/02. ** * $2,010 per acre for Trustees’ purchase price / $4,021 per acre
for total purchase price
Board of Trustees
Agenda – September 18, 2003
Page Seven ******************************************************************************* Item
6, cont. STAFF
REMARKS: The West
Jacksonville Greenway Connector Greenways and Trails Florida Forever
project has been identified on the Department of Environmental
Protection’s (DEP) Office of Greenways and Trails’ (OGT) Florida Forever
approved acquisition list.
This acquisition was negotiated by the Division of State Lands on
behalf of OGT under the Florida Forever Greenways and Trails program. The project contains 444 acres of
which these are the first to be acquired. After the Board of Trustees
approves this agreement, 349.09 acres or 78 percent of the project will
remain to be acquired. The
Board of Trustees will hold 100 percent
title. 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 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 an appropriate resolution for any title issues that
arise prior to closing. A
title insurance policy, a survey, and an environmental site assessment
will be provided by the seller.
The purchaser will reimburse the seller 50 percent of the cost of
these products at closing. This
project is adjacent to and contiguous with the publicly-owned Pope Duval
Park and will connect to the Jacksonville to Baldwin Rail Trail via JEA
(formally known as Jacksonville Electric Authority) lands, which are
publicly owned, therefore providing a critical link in the larger greenway
system. These parcels are
also contained in the much larger Florida Forever Northeast Florida
Timberlands and Watershed Reserve project. The ultimate goal is to have a
continuous greenway system from Jennings State Forest to Cary State
Forest. In addition, this
project would ultimately connect to the proposed Camp Blanding to Osceola
National Forest Ecological Greenway to the west and further north to the
Osceola National Forest and to the south to Camp Blanding Military
Reservation. This project
will create a more manageable boundary configuration and enhance public
access when added to adjacent publicly owned lands, thus reducing the
amount of development that could occur, especially along the parcels that
have frontage on US 90/Beaver Street. This
acquisition would provide public access via US 90 and would provide an
area for a trailhead with restroom facilities and a parking area adjacent
to US 90. Recreational
opportunities include biking, hiking, equestrian trails and birding. The
project site contains environmentally sensitive lands including Bottomland
Forest, Stand Swamp, Hydric Hammock, Wet Flatwoods and Basin Swamps that
will be protected. Brandy
Branch courses through much of the project. Acquisition of these lands will
enhance surface and groundwater quality by protecting the pristine portion
of Brandy Branch, adjacent wetlands and other portions of the
watershed. Hydrology of the
site will be investigated in more detail and placement of trails will be
planned to avoid environmental impacts and to avoid environmentally
sensitive lands.
OGT
will be the interim manager of the property with the City of Jacksonville
as the long-term manager. OGT’s Application Process
Applicants apply for OGT’s 1.5 percent annual allocation of Florida
Forever funding through a competitive application process. The applicants must meet criteria
specified by chapter 260, F.S., and detailed by rule in chapter 62S-1,
F.A.C. Applications are
initially reviewed by OGT staff and biologists and then forwarded to the
Florida Greenways and Trails Council for review and approval. The council consists of 21 members
as outlined in chapter 260, F.S.
At a public meeting, the council evaluates the projects before
recommending a final acquisition list. The list is then forwarded to the
Secretary of DEP for final approval.
Board of Trustees
Agenda – September 18, 2003
Substitute Page Eight ******************************************************************************* Item
6, cont. In
order to be eligible, the project must meet the definition of a greenway
or trail as defined in Section 260.103, Florida Statutes; the project must
be located within or adjacent to at least one opportunity segment on one
or more of the Recreational Prioritization Maps (as identified in the
statewide plan); applicants must present a willing seller certificate for
80 percent of the ownership and a willing land manager certificate. Projects are group based on
several factors including their importance and function within the
statewide system; potential for cost sharing in acquisition; type of
interest (fee simple, less than fee, etc.) to be acquired; recreational
opportunities to be provided; and ecological, historical and cultural
features. The
Statewide Plan for the Florida Greenways & Trails
System In
1999, the Florida Legislature adopted the five-year implementation plan
for the Florida Greenways and Trails System. The broad vision underlying the
plan is summed up in its subtitle, “Connecting Florida’s Communities with
Greenways and Trails.” This
plan was developed through the work and consensus of a broad range of
groups and stakeholders such as recreational users, conservation groups
and private landowners. The
foundation for its development consists of various legislative actions and
efforts that occurred throughout the more than 20 years prior to its
adoption. OGT is charged with
overseeing implementation of the plan in coordination with the Florida
Greenways and Trails Council. A key
component of the implementation plan includes the identification and
prioritization of the ecological and recreational opportunity areas
throughout the state. These
areas have been identified, mapped and prioritized and are the basis for
evaluating project applications. This
acquisition is consistent with section 187.201(9), F.S., the Natural
Systems and Recreational Lands section of the State Comprehensive
Plan. (See
Attachment 6, Pages 1-20) RECOMMEND APPROVAL ******************************************************************************* Substitute Item
7 Charlton Option Agreement/Conservation
Easement/Chen/Min-Hua Option
Agreement/Green Swamp Area of Critical State Concern/Green Swamp Florida Forever
Project WITHDRAWN FROM THE AUGUST 26, 2003
AGENDA
REQUEST: Consideration of (1) an option agreement to acquire
a perpetual conservation easement over 321.40 acres from Tami A. Charlton;
and (2) an option agreement to acquire 341.82 acres from Yin Kuen Chen and
Chen Wang Min-Hua, both within the Green Swamp Area of Critical State
Concern and the Green Swamp Florida Forever
project. COUNTIES: Lake and Polk LOCATION: Sections 21 and 28, Township 24 South, Range 26
East; and Section 25, Township 26 South, Range 24
East
Board of Trustees
Agenda – September 18, 2003
Substitute Page Nine ******************************************************************************* Item
7, cont. CONSIDERATION: $1,128,580
APPRAISED BY
SELLER’S
TRUSTEES’
Goodman
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL
ACRES
(04/03/03) VALUE PRICE PRICE
DATE Charlton
321.40
$463,830 $463,830
*
$428,580 **
120 days after
(92%)
BOT approval * Property
conveyed via a series of Quit-Claim Deeds from parents starting
12/29/89–01/03/03 ** $1,333 per acre – Conservation Easement Value is 70% of the Fee
Value of $660,000
APPRAISED BY
SELLER’S
TRUSTEES’
Marr
Sutte
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL
ACRES
(03/07/03)
(03/07/03) VALUE PRICE PRICE
DATE
Chen
341.82
$785,000
$730,000 $785,000
$215,000*
$700,000**
90 days after
(89%)
BOT approval *
Property purchased in January 1990 ** $2,048
per acre
TRUSTEES’
APPROVED
PURCHASE
ACRES
VALUE
PRICE
TOTALS
663.22
$1,248,830
$1,128,580 STAFF
REMARKS: Effective July 1,
1999, the Legislature transferred all activities performed by the Green
Swamp Land Authority to the Department of Environmental Protection (DEP)
as provided in section 51, chapters 99-247, Laws of Florida. The Green Swamp Area of Critical
State Concern contains 322,690 acres, of which 36,877.98 acres are
protected by, or under agreement to be protected by, land protection
agreements or conservation easements. After the Board of Trustees
approves these agreements, 285,148.80 acres, or 88 percent of the area,
will remain to be acquired.
These acquisitions are also within the Green Swamp Florida Forever
project boundary, which contains 279,224 acres, of which 84,614.73 acres
have been acquired or are under agreement to be acquired. After the Board of Trustees
approves these agreements, 193,946.05 acres, or 70 percent of the Green
Swamp Florida Forever project, will remain to be
acquired. Under
the proposed conservation easement, the Charlton property will be
restricted in perpetuity by the summary of provisions of the easement,
which include, but are not limited to, the
following: ·
New
construction or placing of temporary or permanent structures or buildings
on the property will be prohibited except with prior notice and
approval; ·
Mining
and excavation by Grantor will be prohibited; ·
Timber
harvesting will be prohibited in areas not depicted in baseline
documentation as agricultural areas; however, cutting and removing of
timber damaged by natural disaster, fire, etc. is permitted;
·
Acts
or uses detrimental to the retention of land or water areas, or to the use
of the property as a water recharge area will be
prohibited; ·
Dumping of trash, waste, hazardous materials and soil will be
prohibited; and ·
The
Board of Trustees will have the right of first refusal in the event the
owner intends to sell the property. The
proposed conservation easement on the Charlton property will allow the
owner to retain certain rights.
The summary of owner’s rights includes, but is not limited to, the
following: ·
The
right to engage in all non-commercial, passive, resource-based recreation
not inconsistent with the purpose of the
easement; ·
The
right to construct barns and fences for agricultural
uses; ·
The
right to maintain the owner’s current agricultural business in improved
areas; ·
The
right to retain and maintain present areas of improved
pasture;
Board of Trustees
Agenda – September 18, 2003
Substitute Page Ten ******************************************************************************* Item
7, cont. ·
The
right to convey portions of the property, not less than 50 acres per
portion or a maximum of 6 portions; and ·
The
right to convert improved agricultural areas. All
mortgages and liens will be satisfied or subordinated on the Charlton
property at the time of closing.
This parcel includes an access easement and the appraiser
considered the easement in the valuation of the property. DEP’s Office of Environmental Services (OES), the
interim monitoring agency, has determined that management of the property
will not be adversely affected.
In the event the commitment for title insurance, to be obtained
prior to closing, reveal any other encumbrances that may affect the value
of the property or the proposed management of the property, staff will so
advise the Board of Trustees prior to
closing. All
mortgages and liens will be satisfied on the Chen property 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. DEP staff will
review, evaluate and implement an appropriate resolution for any title
issues that arise prior to closing. Title
insurance policies, surveys, environmental site assessments and baseline
documentation reports as applicable, will be provided by the purchaser
prior to closing on the Charlton parcel. On the Chen parcel, the title
insurance policy will be provided by the purchaser, with the seller
reimbursing the purchaser at closing, and the survey and environmental
site assessment will be provided by the purchaser prior to closing.
The
mosaic of cypress swamps, pine forests, and pastures known as the Green
Swamp is a vital part of the water supply of Central Florida. This region gives rise to four major river systems (the
Withlacoochee, Oklawaha, Hillsborough and Peace) and, because it has the
highest groundwater elevation in the peninsula, is important for
maintaining the flow of water from the Floridan Aquifer. Preservation by acquiring the
properties located within the area will protect the Floridan Aquifer and
the headwaters of several rivers, and preserve a large area for
wildlife. OES
will be the interim monitor for the Charlton conservation easement until a
permanent monitor is established.
The Florida Fish and Wildlife Conservation Commission will manage
the Chen parcel as an addition to the Hilochee Wildlife Management
Area. These
acquisitions are consistent with section 187.201(9), F.S., the Natural
Systems and Recreational Lands section of the State Comprehensive
Plan. (See
Attachment 7, Pages 1-72) RECOMMEND APPROVAL ******************************************************************************* Substitute Item
8 TNC Assignment of an Option
Agreement/Conservation Easement/ Fisheating Creek Florida Forever
Project DEFERRED FROM THE AUGUST 26, 2003
AGENDA DEFERRED FROM THE AUGUST 12, 2003
AGENDA REQUEST: Consideration
of the acceptance of an assignment of an option agreement to acquire a
conservation easement over 23,950 acres within the Fisheating Creek
Florida Forever project from The Nature
Conservancy.
Board of Trustees
Agenda – September 18, 2003
Substitute Page Eleven ******************************************************************************* Substitute Item 8, cont. COUNTY:
Glades LOCATION: Sections 01
through 04, 09 through 15, 22 through 27 and 34 through 36, Township 40
South, Range 30 East; Sections 06, 07 and 18, Township 40 South, Range 31
East; Sections 01 and 02, Township 41 South, Range 30 East; Sections 01
through 05, 08 through 17, 20 through 24, 26 and 27, Township 41 South,
Range 31 East; and Sections 05 through 08 and 17 through 19, Township 41
South, Range 32 East
CONSIDERATION:
$24,289,500 ($24,189,500 for the acquisition; $100,000 for the
purchase of the option agreement)
APPRAISED BY
SELLER’S
TRUSTEES’
Holden
Ryan
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL
ACRES
(04/05/03)
(02/26/03) VALUE PRICE PRICE
DATE
Lykes Bros.
23,950
$23,950,000
$20,360,000
$25,147,500*
**
$24,289,500***
120 days after
(97%)
BOT approval * The approved value was
increased to reflect an adjustment in the rights reserved by property
owner. ** The property
has been company-owned for over 50 years. *** $1,014 per acre
(The purchase price for the conservation easement is 68% of the fee value
of $35,925,000) STAFF
REMARKS: The Fisheating Creek
project is an “A” group project on the Florida Forever Less-than-Fee
Project List approved by the Board of Trustees on August 26, 2003. The project contains 176,760
acres, of which 59,818.38 acres have been acquired, protected by a
conservation easement or are under agreement to be acquired. After the Board of Trustees
approves this agreement, 92,991.62 acres, or 53 percent of the project,
will remain to be acquired.
Pursuant to a multi-party acquisition agreement entered into
between the Department of Environmental Protections’ (DEP) Division of
State Lands (DSL) and The Nature Conservancy (TNC), TNC has acquired an
option to purchase a conservation easement on this 23,950-acre parcel from
Lykes Bros., Inc. After this
acquisition is approved, the Board of Trustees will acquire the option
from TNC for $100,000, which represents agreed upon compensation to TNC
for overhead associated with acquiring the option. The Board of Trustees may then
exercise the option and purchase the easement on the property. The assignment of option agreement
provides that payment to TNC is contingent upon the Board of Trustees
successfully acquiring the easement on the property from the owner. The assignment of option agreement
further provides that in no event will the purchase price for the option
and the purchase price of the property exceed the DSL approved value of
the easement on the property. Under
the proposed conservation easement the property will be restricted in
perpetuity by the provisions of the easement, a summary of which includes,
but is not limited to, the following: ·
Disturbance of existing land cover will be
prohibited; ·
Any
activity that adversely impacts the health or safety of a threatened or
endangered species, species of special concern, or native vegetation will
be prohibited; ·
Industrial uses other than oil, gas and water exploration and
extraction in the Impacted Easement Areas (IEA) and farmsteads will be
prohibited; ·
Harvesting of trees in wetland areas and stumping will be
prohibited; ·
New
structures, construction and roads will be prohibited except as permitted
in the easement; ·
Dredging, diking, canalization, manipulation or diversion of
natural water courses or surface water will be prohibited; and
·
Dumping of trash, waste, hazardous materials and soil will be
prohibited.
Board of Trustees
Agenda – September 18, 2003
Substitute Page Twelve ******************************************************************************* Substitute Item 8, cont. The
proposed conservation easement will allow the owners to retain certain
rights. The summary of
owner’s rights includes, but is not limited to, the
following: ·
The
right to sell, lease and otherwise convey the property in total or in part
with the Board of Trustees having the right of first refusal;
·
The
right to subdivide the property into 22 parcels including the right to
develop a farmstead on each parcel; ·
The
right to use prescribed burning at regular intervals to maintain
fire-dependent communities; ·
The
right to continue existing cattle and silvicultural operations;
·
The
right to continue hunting, fishing, ecotourism and other resource-based
recreation rights; ·
The
right to continue haying, sodding, seed and fruit harvesting, and some
restricted use of fertilizers, pesticides and herbicides as outlined in
the easement; ·
The
right to extract oil, gas and water within the farmstead areas and the
IEAs, including the right to install and operate public water well fields,
so long as there is no significant impact on the environmental value of
the surface property; ·
The
right to convert 2,000 acres in the IEAs to row crops;
and ·
The
right to request authorization to place a regional water storage and
management facilities for the benefit of Lake Okeechobee and other
regional water resources on all or some the
property. All
mortgages and liens will be satisfied or subordinated at the time of
closing. The acquisition
includes two non-contiguous parcels.
The northern parcel includes various right-of-way easements and two
Department of Transportation drainage easements that extend into the
western boundary of the property.
The northern parcel also has a reservation of the oil, gas and
mineral rights encumbering approximately 100 acres. The southern parcel includes a
flowage easement along the eastern boundary and two flood control
easements, one at the northeast corner and one extending along the
northern boundary of the parcel.
The appraisers considered the easements, rights-of-way and
outstanding interests in their appraisals, each concluding the impact of
these is relatively insignificant to the overall value of the
property. 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. Because these
issues were discovered during preliminary due diligence, further research
may change the facts and scope of each issue and, therefore, DEP staff
will review, evaluate and implement an appropriate resolution for these
and any other title issues that arise prior to
closing. A
title insurance policy, a survey, an environmental site assessment and
baseline documentation report will be provided by the purchaser prior to
closing.
Fisheating Creek, the only undammed tributary to Lake Okeechobee,
flows through vast prairies and flatwoods. Public acquisition of the
Fisheating Creek Ecosystem project will acquire certain rights from
landowners to help preserve this natural land area, which links the
Okaloacoochee Slough, Big Cypress Swamp the Babcock-Webb Wildlife
Management Area and Lake Okeechobee, and help ensure the survival of the
Florida panther, swallow-tailed kite, and other animals and plants that
require such natural lands.
The project area contains numerous archaeological sites and
connects the Fisheating Creek Watershed with the Lake Wales
Ridge. The
conservation easement will be monitored by DEP’s Office of Environmental
Services. This
acquisition is consistent with section 187.201(9), F.S., the Natural
Systems and Recreational Lands section of the State Comprehensive
Plan. (See
Attachment 8, Pages 1-101) RECOMMEND WITHDRAWAL
Board of Trustees
Agenda – September 18, 2003
Substitute Page Thirteen ******************************************************************************* Substitute Item
9 BOT/SFWMD/Collier County
Agreement/Issuance of Utility Easements/ Southern Golden Gate
Estates/Save Our Everglades Florida
Forever Project REQUEST: Consideration of (1) an agreement between the Board
of Trustees, the South Florida Water Management District (Big Cypress
Basin) and Collier County; and (2) authority to issue utility easements,
as called for by the agreement, at no cost to the utility
company. COUNTY:
Collier STAFF
REMARKS: Southern Golden Gate
Estates is a part of the Save Our Everglades Florida Forever project. The project conserves three large
pieces of cypress swamps, marshes, slash-pine flatwoods and tropical
hammocks through which water slowly flows to the mangrove swamps of the
Ten Thousand Islands. The
landscape includes the last of the Florida panthers and a host of other
rare animals and tropical plants, and it seeks to preserve or restore the
flow of water to the rich estuaries of the Gulf
Coast. On
September 23, 2003, the Department of Environmental Protection’s (DEP)
Division of State Lands (DSL) will present a Petition to Vacate Road
Rights-of-Way before the Board of County Commissioners, Collier County,
Florida (Commissioners). The
petition is a request to disclaim, renounce and vacate Collier County’s
and the public’s interest in those road easements described on the
exhibits attached to the petition.
Vacation and relinquishment of the public’s interest in the roads
within the project area will further the purposes and goals of the state
and federal acquisition of the project and allow restoration of the area
to a more natural hydrologic state for the improvement of water quality
and protection of the Everglades. At the
same public meeting, the Commissioners will consider approval of an
agreement between the Board of Trustees, the South Florida Water
Management District (Big Cypress Basin) (SFWMD) and Collier
County. The agreement
provides for the state to do the following: §
Provide access from Janes Scenic Drive to Lee County Electric for
purposes of maintaining its facilities; §
Provide a replacement easement of sufficient width for the
maintenance, repair and operation of Lee County Electric’s existing
facilities; §
Provide access to and from Janes Scenic Drive to the City of
Everglades public water supply wellfield as such access currently
exists; §
Provide access to Sprint and Florida Power & Light (FP&L)
from those roadways designated as “primary, all weather roads” to all
telephone and electric facilities located within these
rights-of-way; §
Provide a replacement easement to Sprint and FP&L of sufficient
dimensions to provide for the continued maintenance, repair and operation
of these utilities; §
Maintain all “primary, all weather roads” above-grade and open to
the traveling public 24 hours a day, seven days a
week; §
Maintain and stabilize “secondary, dry season” roads at or below
grade and open to the general public weather permitting, as noticed by the
Division of Forestry (DOF).
For those landowners of improved property whose only access is via
one of these secondary dry season roads, they will be provided access 24
hours a day, seven days a week; §
Provide access to the general public for recreational uses on lands
within the project area and in the adjoining Picayune Forest;
and §
Provide Collier County with access to the gate south of I-75 at
Everglades Boulevard either by providing key access or by establishing a
protocol suitable to permit emergency access for emergency medical and
fire rescue and control personnel, equipment and vehicles from I-75 to
Everglades Boulevard.
Board of Trustees
Agenda – September 18, 2003
Substitute Page Fourteen ******************************************************************************* Substitute Item 9, cont. The agreement provides for SFWMD to do the
following:
In
exchange for these considerations, Collier County
will: §
Vacate
and release its interest in all roadways identified in Exhibit A to the
agreement; §
Release, terminate or disclaim any interest it has in the
rights-of-way in portions of that roadway known as Janes Scenic
Drive and Miller Boulevard Extension, more particularly described as
Exhibit B to the agreement; and §
Dismiss the lawsuit styled Collier County v. Sheldon C.
Marshall, Jr., et al., Case No:
99-2009-CA-TB, Twentieth Judicial Circuit Court In and For Collier
County, Florida. This
lawsuit was an action by the County against the state and others seeking a
prescriptive easement of Miller Boulevard
extension. Lee
County Electric, Sprint and FP&L currently serve DOF headquarters on
52nd Avenue S.E. and numerous other buildings to be used for
management. They will also be needed for the restoration process to
provide power to proposed pumps and to continue to serve numerous private
residences in the Belle Meade project area adjacent to and west of Golden
Gate Estates.
With
regard to Janes Scenic Drive, the Everglades City Water District has
several electric water pump stations west of Janes Scenic Drive and a pipe
crossing Janes Scenic Drive north of the Harmon Brothers excavation site.
The power to these pumps is served by Lee County Electric
by way of
a pole line installed within the 100-foot right-of-way of Janes Scenic
Drive. The
right-of-way was considered by Collier County to be a suitable easement
for that purpose. If Collier County vacates its interest and the public’s
interest, a replacement easement will be required for Everglades City
Water District and Lee County Electric for these facilities and for access
to these facilities for maintenance.
Currently these utility companies use Collier County rights-of-way
with permission of the County for the benefit of the public, although
there appears to be no written, recorded easements. Thus, DSL seeks authority to
replace, at no charge to the utility, the de facto easements the utilities
will lose by the Board of Trustees’ vacation of the road
right-of-way. It is
staff’s understanding there are no utilities that affect the Miller
Boulevard Extension portion of the petition. On
August 28, 2003, the Big Cypress Basin Board of SFWMD met, considered and
approved Resolution No. 03-8-2, and on September 10, 2003, the Governing
Board for SFWMD met, considered and approved Resolution No. 2003-986 in
support of the terms of the agreement presented today. The agreement will be presented to
the Board of County Commissioners for Collier County on September 23,
2003, in substantially the same form and content as is presented
here. (See
Attachment 9, Pages 1- 22) RECOMMEND APPROVAL | |||||||||||
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