AGENDA
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
NOVEMBER 7, 1995
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Item 1 Minutes
Submittal of the minutes of the September 28, 1995 Cabinet
meeting.
RECOMMEND APPROVAL
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Item 2 Ernest J. and Flora V. Northcut Option
Agreement/Waccasassa Division of Recreation and Parks Additions
and Inholdings Project
REQUEST: Consideration of an option agreement to acquire 58
acres within the Waccasassa Division of Recreation and Parks
Additions and Inholdings project from Ernest J. Northcut and
Flora V. Northcut.
COUNTY: Levy
LOCATION: Section 31, Township 16 South, Range 16 East
CONSIDERATION: $81,100
APPRAISED BY
REVIEW Santangini APPROVED PURCHASE OPTION
NO. SELLER ACRES (12/06/94) VALUE PRICE DATE
518001 Northcut 58 $81,600 $81,600 $81,100 03/30/96
STAFF REMARKS: The Waccasassa project is ranked number 28 on the
Recreation and Parks Additions and Inholdings list. This
agreement was negotiated by the Division of State Lands on behalf
of the Division of Recreation and Parks.
All mortgages and liens will be satisfied at the time of closing.
In the event the commitment for title insurance, to be obtained
prior to closing, reveals any other encumbrances which 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.
A certified survey and environmental site assessment will be
provided by the purchaser prior to closing.
This property will be managed as an addition to the Waccasassa
Bay State Preserve by the Division of Recreation and Parks.
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 2, Pages 1-27)
RECOMMEND APPROVAL
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Item 3 The Trust for Public Land/DACS, Division of Forestry
Purchase Agreement
REQUEST: Consideration of a purchase agreement to acquire 493.7
acres by the Department of Agriculture and Consumer Services,
Division of Forestry under the Preservation 2000 program from The
Trust for Public Land.
COUNTY: Hernando
APPLICANT: Department of Agriculture and Consumer Services,
Division of Forestry
LOCATION: Sections 20, 21, 28, 29, 32, and 33, Township 21
South, Range 20 East
CONSIDERATION: $1,176,000
APPRAISED BY
REVIEW PARCEL PALLARDY GOODMAN APPROVED PURCHASE CLOSING
NO. NAME ACRES (05/05/95) (05/15/95) VALUE PRICE DATE
518002 Marsh 493.7 $1,135,500 $1,220,000 $1,220,000 $1,176,000 4 months
after
BOT approval
STAFF REMARKS: These acquisitions were negotiated by the
Department of Agriculture and Consumer Services, Division of
Forestry (DOF) under the P2000 Additions and Inholding Program.
All mortgages and liens will be satisfied at the time of closing.
A preliminary title research has indicated outstanding mineral
interests encumbering two 40-acre portions of the subject
property. Based on research DOF has preformed, it has been
determined that the property can be effectively managed subject
to the outstanding mineral interests. DOF’s review of title
records revealed that one mineral interest was highly
fractionalized, with over 20 separate owners, and therefore it is
not feasible for the seller to reassemble the outstanding
interests. DOF could not locate the holder of the other mineral
interest. They are not listed in the phone directory, nor on the
Hernando County tax rolls. A second location reference on the
deed in Lenoir County, North Carolina was also researched. There
was no listing in the phone directory, nor on the tax rolls of
Lenoir County. Additionally, letters on file from the Hernando
County Development Department indicate that the probability of
obtaining a permit to extract minerals is unlikely because it
would require a Comprehensive Plan Amendment, rezoning
application and would have to comply with the County’s Mining
Ordinance which requires an extensive list of permits from
several agencies. Further, the rezoning application would have
to be made by the surface owner, not the mineral interest holder.
Finally, the outstanding mineral interests were taken into
consideration by the fee appraisers and they have determined that
the mineral interests have no impact on the value of the
property.
There is an existing cattle lease on the property. As part of
the negotiations, an agreement was reached for the seller to
amend the cattle lease to a form, and with terms, acceptable to
the managing agency and DSL. The new lease will cover the entire
property and require the lessee to maintain the property, keep in
force general liability insurance, observe all applicable state
laws, and cooperate in the joint use of the property by the
public. The lease will expire on December 31, 1996.
In the event the commitment for title insurance, to be obtained
for each parcel prior to closing, reveals any other encumbrances
which may affect the value of the parcels or the proposed
management of the parcels, staff will so advise the Board of
Trustees prior to closing.
A survey and environmental site assessment of the property will
be provided by the seller prior to closing with DOF reimbursing
the seller for the actual reasonable cost of the survey and
environmental site assessment.
This property borders, to the south, other property being
acquired adjacent the Withlachoochee State Forest and will
consolidate state forest boundaries and improve overall
management of the forest. Once acquired, this property will be
managed by the Department of Agriculture and Consumer Services,
Division of Forestry for natural resource conservation and
outdoor recreation activities under a multiple use management
regime.
This acquisition is consistent with section 187.201(10), F.S.,
the Natural Systems and Recreational Lands section of the State
Comprehensive Plan.
(See Attachment 3, Pages 1-28)
RECOMMEND APPROVAL
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Item 4 RICO #138/Offer by Bobbie A. Thornton
REQUEST: (1) Consideration of an offer to purchase a parcel of
RICO property in Broward County; and (2) acceptance of the
highest and best offer of $48,100 from Bobbie A. Thornton.
COUNTY: Broward
RICO #138
LOCATION: 3640 N.W. 7th Street, Ft. Lauderdale, Florida.
CONSIDERATION: $48,100
STAFF REMARKS: Title to this property was vested in the Board of
Trustees on May 19, 1992, pursuant to section 895.05, F.S. The
property is zoned R-IC Single Family and is a three-bedroom, two-
bath house containing 1,545 square feet.
The property has been offered for sale on four previous occasions
with the highest net offer of $40,000 being received in August
1993. Since that time, the Attorney General’s office has been in
litigation over a purported mortgage on the property in the
amount of $38,000. A Satisfaction of Mortgage was given to the
State in May 1995. Recently, the property was advertised in the
Ft. Lauderdale Sun Sentinel. Detailed information on the
property was mailed to all persons on the RICO master mailing
list. An agent was on site August 13 and 14, 1995, to show the
property and answer questions.
The property was appraised on August 17, l992, by Jeanne R.
Conner, SRA, at $62,000 with a “quick sale” value of $57,000, and
re-appraised on June 21, 1995, by James D. Plihcik, SRA, at
$65,000, with a “quick sale” value of $60,000.
There is no existing mortgage on the property. Expenses to date
total approximately $13,324.38 which include advertising, repairs
and maintenance, yard maintenance, security services, utilities,
appraisals, delinquent real estate taxes, title search, and
travel. These expenses were paid out of the Forfeited Property
Trust Fund which will be reimbursed upon closing of the sale. In
addition to repayment to the Forfeited Property Trust Fund for
expenses incurred, a seven percent surcharge of $3,367 will be
paid to General Revenue and the remaining proceeds will be
distributed as set forth in chapter 895, F.S. Revenue from rent
in the amount of $9,045 has been received on this property.
The following is a tabulation of offers received and considered
by the advertised deadline:
REAL ESTATE
OFFER SUBMITTED BY GROSS OFFER COMMISSION NET OFFER
Bobbie A. Thornton $48,100 -0- $48,100
James B. Ober and $47,000 -0- $47,000
Lake T. Garvey
Grahad Realty, Inc. $39,000 -0- $39,000
Earlier attempts to sell the property by competitive bid did not
produce offers at or above the appraised value. While the offer
submitted by Ms. Thornton is below the appraised value, because
of the location, a weak market appears to exist for the property,
and costly vandalism has occurred to the property on several
occasions. Expenses related to the property continue to increase
and given these facts, staff recommends that the Board of
Trustees accept this offer.
The Board of Trustees reserves the right to reject any and all
offers.
(See Attachment 4 , Pages 1-15)
RECOMMEND APPROVAL
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Item 5 RICO #122/Offer by Janice M. and Jeffrey J. Genung
REQUEST: (1) Consideration of an offer to purchase a parcel of
RICO property in Calhoun County, Rockwell City, Iowa; and (2)
acceptance of the highest and best offer of $4,000 from Janice M.
Genung and Jeffrey J. Genung.
COUNTY: Calhoun, State of Iowa
RICO #122
LOCATION: Part of the west ½ of the SE ¼ of Section 14, Township
88 North, Range 32 West of the 5th P.M., Rockwell City, Iowa.
CONSIDERATION: $4,000
STAFF REMARKS: Title to this property vested in the Board of
Trustees on June 27, 1991, pursuant to section 895.05, F.S. The
property is zoned Rural Residential and is a three-bedroom, one-
bath, 972 square foot farmhouse on 3.03 acres.
The property has been offered for sale on six previous occasions
with the highest net offer of $3,132 being received. It was
recently advertised in the Calhoun County Reminder. Detailed
information on the property was mailed to all real estate brokers
in the area.
The property was appraised on August 29, 1991, by Mark A. Seeley,
SRA, for $9,500 with a “quick sale” value of $5,000.
There is no existing mortgage on this property. Expenses to date
total approximately $3,873.54 which include advertising, real
estate taxes, repairs and maintenance, appraisal and travel.
These expenses were paid out of the Forfeited Property Trust Fund
which will be reimbursed upon closing of the sale. In addition
to repayment to the Forfeited Property Trust Fund for expenses
incurred, a seven percent surcharge of $280 will be paid to
General Revenue and the remaining proceeds will be distributed as
set forth in chapter 895, F.S.
The following is a tabulation of the offers received and
considered by the advertised deadline.
REAL ESTATE
OFFER SUBMITTED BY GROSS OFFER COMMISSION NET OFFER
Janice M. Genung $4,000 $240 $3,760
and Jeffrey J. Genung
Kevin Dean Brown $3,000 -0- $3,000
Earlier attempts to sell the property by competitive bid did not
produce offers at or above the appraised value. The entire
structure of the home is in very poor condition and the property
suffers from lack of water. Expenses related to the property
continue to increase and given these facts, staff recommends that
the Board of Trustees accept the Genung offer.
The Board of Trustees reserves the right to reject any and all
offers.
(See Attachment 5, Pages 1-15)
RECOMMEND APPROVAL
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Item 6 Big Blue Springs Property Owners’ Association v. The
Board of Trustees of the Internal Improvement Trust Fund and the
Florida Department of Environmental Protection Final Order
REQUEST: Consideration of Proposed Final Order in the matter of
Big Blue Springs Property Owners’ Association v. The Board of
Trustees of the Internal Improvement Trust Fund of the State of
Florida and the Florida Department of Environmental Protection.
APPLICANT: Division of State Lands
LOCATION: Citrus County (Withlacoochee River)
CONSIDERATION: N/A
STAFF REMARKS: This matter is before the Board of Trustees for
the entry of a Final Order, Petitioner having filed a section
120.57 proceeding from the decision of the Board on November 9,
1993. Petitioner originally applied to the former Department of
Environmental Regulation (DER) for authority to repair the breach
in the dike around Big Blue Springs. DER exempted the dike on
February 3, 1993, based on minimal impact to resources. In
accordance with the then existing Memorandum of Agreement, the
DER exemption also constituted authorization by the Board of
Trustees for the repair of the dike. However, the applicant
requested a specific authorization letter from the former
Department of Natural Resources (DNR), which was issued on April
6, 1993. Subsequent to authorization, the applicant
reconstructed the dike.
The Petitioner applied for a 25-year public easement to maintain the
dike. This request for a 25-year public easement was presented to
the Board of Trustees on November 9, 1993. The Board of Trustees
denied the Petitioner’s request for an easement, rescinded the
staff letter of April 6, 1993, authorizing repair of the breach,
and directed staff to have the dike removed and Big Blue Springs
restored to its natural features.
The Petitioner challenged the Board of Trustees’ decision before
the Division of Administrative Hearings. The matter was heard at
formal hearing on August 23, 1995. At that hearing, Petitioner
withdrew its allegation that the Board of Trustees acted contrary
to the facts and law in denying the 25-year public easement and
directing staff to have the dike removed and the area restored.
The Petitioner moved for a summary finding of fact on the narrow
issue of whether the Petitioner was authorized to fill the breach
in the dike at the time, in the place, and in the manner it was
filled. Based on the exhibits presented, the hearing officer
made a summary finding of fact that the Petitioner received
approval from the various agencies and made the repairs pursuant
to those approvals. The parties stipulated that the Board of
Trustees’ decision to rescind the April 6, 1993, staff letter was
prospective in nature and did not indicate that the filling and
reconstruction of the dike was done contrary to federal or state
law.
The proposed Final Order adopts the Recommended Order of the
Hearing Officer: there are no further issues to be resolved
between the parties, the Petitioner’s application for a 25-year
public easement is DENIED and the staff is directed to have the
dike removed and the spring restored to its natural features.
(See Attachment 6, Pages 1-17)
RECOMMEND APPROVAL AND ADOPTION OF THE PROPOSED FINAL ORDER
Cabinet
Affairs