Cabinet Affairs

Item 1 Minutes

Submittal of the minutes of the July 23, 1996 Cabinet meeting.

RECOMMEND ACCEPTANCE

Item 2 CSX Transportation, Inc. Purchase Agreement/Oviedo to Spring Hammock

REQUEST: Consideration of a purchase agreement to acquire 95.67 acres of abandoned railroad corridor from CSX Transportation, Inc. (CSX), under the Preservation 2000 Greenways and Trails program.

COUNTY: Seminole

APPLICANT: Office of Greenways and Trails

LOCATION: Townships 20 and 21 South, Ranges 30 and 31 East

CONSIDERATION: $8,832,556.18 ($7,529,600 for the purchase of the property; up to $1,120,400 for the upward adjustment provision in the contract; up to $146,256.18 for reimbursement of survey costs to CSX; and up to $36,300 for reimbursement for appraisal and title work costs to Seminole County).

Acres	Appraised by by Clayton	Appraised by by Carpenter	Approved Value	Purchase Price	Closing Date
_____	11/8/95	11/8/95	___________	___________	________
114.69	$9,400,000	$9,000,000	*$7,529,600	$7,529,600	11/06/96

* Staff, along with outside legal counsel, have determined that there are no title deficiencies that would require an adjustment to the approved value. However, CSX needs to retain a 1.72-acre portion of the appraised corridor (valued at $130,400) for an active rail line and the Florida Department of Transportation (FDOT) requires a 17.3-acre (1.8 miles) segment of the corridor (valued at $1,740,000) for highway expansion.

STAFF REMARKS: The former Florida Rails-To-Trails program was created by a resolution of the Governor and Cabinet on March 4, 1986, and enacted into law by the Florida Legislature in 1987. In 1996, the Florida Legislature expanded the program's purpose and re-named it the Florida Greenways and Trails program. The purpose of the Florida Greenways and Trails program is to facilitate the establishment of a statewide system of greenways and trails by acquiring linear corridors, open space connectors and trails.

The Oviedo to Spring Hammock-South Leg acquisition is the ninth negotiated acquisition under the Greenways and Trails (formerly Rails-To-Trails) program and the seventh acquired by this office under the Florida Preservation 2000 program. The acquisition consists of an abandoned rail corridor, varying in width, extending a length of approximately 13 miles and will eventually connect the Cady Way Trail in Orange County to Spring Hammock Preserve at Lake Jesup. FDOT has agreed to continue the trail to provide for that connection through the portion of the corridor it will be acquiring for highway expansion.

Pursuant to a multi-party acquisition agreement entered into between the Office of Greenways and work for this acquisition. Upon closing, the County will be reimbursed for the least costly of the two appraisals and the title work costs.

Section 260.015(2)(b), F.S., allows for conveyance of title by quitclaim deed for lands acquired for recreational trails. The purchase agreement provides for CSX to deliver a quitclaim deed to the purchaser at closing. In the past, CSX has warranted title to portions of the lands they have conveyed to the Board of Trustees of The Internal Improvement Trust Fund of The State of Florida (Board of Trustees). CSX is requesting the Board of Trustees to accept a quitclaim deed to all interests conveyed, which is now its standard practice.

The purchase agreement provides for the survey to be provided by CSX, with the cost to be reimbursed to CSX at closing, and for the environmental site assessment and title insurance policy to be provided by the purchaser. The purchase agreement also provides for an upward adjustment to the purchase price. The final purchase price will be based upon the consideration of the final surveyed acreage. Because of the complexity of the survey required for this urban and suburban corridor, the acreage may differ from that upon which the appraisals are based. The final acreage will be provided to the appraisers for a final value determination. In no event will the Board of Trustees pay more than the final approved value of the property (if it is less than the purchase price) or more than $8,650,000 if the value of the property increases as a result of the final survey.

This acquisition is consistent with section 260.015, F.S., and the property will be managed by Seminole County as a recreational trail.

RECOMMEND APPROVAL

(See Attachment 2, Pages 1-26)

Item 3 Cytec Brewster Phosphates, Inc. Donation/Conservation Easement Conveyance

DEFERRED FROM SEPTEMBER 10, 1996 AGENDA

REQUEST: Authority to (1) accept a donation of approximately 6,000 acres in Hillsborough County from Cytec Brewster Phosphates, Inc.; and (2) convey a conservation easement to the Southwest Florida Water Management District.

COUNTY: Hillsborough

LOCATION: Sections 07 through 10, 14 through 22, 27 through 33 (all inclusive), Township 31 South, Range 22 East, Hillsborough County, Florida.

STAFF REMARKS: Cytec Brewster Phosphates, Inc. (Cytec), a Delaware corporation, is proposing to donate to the Board of Trustees approximately 6,000 acres located in Hillsborough County, Florida, to be used as a public park. The property consists of lands previously mined, the vast majority of which have been reclaimed. Because of the presence of the south prong of the Alafia River, its attendant flood-plain forest, and many lakes, the property offers excellent opportunities for recreational use.

This donation has been pursued as a joint project between the Department of Environmental Protection, the Southwest Florida Water Management District (SWFWMD) and Hillsborough County (County). Both SWFWMD and the County have identified the propety as being desirable for public acquisition and management through their respective land acquisition programs. Acquisition of this property will also contribute toward the completion of a regional greenway system.

Three encumbrances will remain on the property after closing:

( Restrictive covenants will limit the use of the property to public park and recreation purposes. These covenants have been recommended by Cytec, SWFWMD and the County in order to prevent incompatible use and to preserve the property in a natural state and condition. These covenants could be amended, modified or waived with the approval of Cytec, SWFWMD, the County and the Board of Trustees.

* Approximately 600-800 acres of the property are encumbered by a 16-year mining lease in favor of IMC-Agrico Company (IMCA) with royalties payable to Cytec. The obligations of IMCA and Cytec for post-mining reclamation are secured by a $30.5 million performance bond held by Hillsborough County and by the authority of Florida Department of Environmental Protection's Bureau of Mine Reclamation (BMR) to impose additional bond requirements should it deem such additional security necessary. The lease will be administered by BMR.

* Approximately 56 acres of the property are encumbered by a citrus lease in favor of Bone Valley Groves, Inc. This lease will be assigned to the Board of Trustees and is subject to annual renewal.

The foregoing encumbrances are acceptable to the Division of Recreation and Parks and will not adversely affect the management of the property.

Subsequent to the conveyance of the parcel to the Board of Trustees, the Board of Trustees will convey a conservation easement along the Alafia River up to the 100-year flood plain to SWFWMD. The conservation easement is being conveyed in consideration of SWFWMD providing a boundary survey and environmental site assessment for the donation. The donation property is adjacent to lands in the Alafia River corridor that were previously conveyed to the Board of Trustees pursuant to a settlement agreement between American Cyanamid Company, Coastal Petroleum and the Board of Trustees.

If the Board of Trustees approves this item, staff will proceed to close on this parcel.

This donation will be managed by the Division of Recreation and Parks as part of the state park system.

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 1-8)

RECOMMEND APPROVAL