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Cabinet
Affairs |
Item 1 Minutes
Submittal of the minutes of the September 10, 1996 Cabinet meeting.
Item 2 Spencer Boat Company, Inc. (d/b/a Rybovich Spencer) Submerged Land Lease
REQUEST: Consideration of (1) an application for a modification of a five-year sovereignty submerged land lease by extending the term to 25 years, to contain a total of 149,216 square feet, more or less, for an expansion of a commercial marina; and (2) authorization for the severance of 4,766 cubic yards of sovereign material.
COUNTY: Palm Beach
Lease No. 500007116
Application No. 502218679
APPLICANT: Spencer Boat Company, Inc.
(d/b/a Rybovich Spencer)
LOCATION: Sections 03 and 10, Township 43 South, Range 43 East, in Lake Worth,
Class III Waters, within the local jurisdiction of the City of West Palm Beach.
Aquatic Preserve: No
Outstanding Florida Waters: No
CONSIDERATION: (for the initial modified lease to contain a total of 23,972 square feet) $13,169.84, representing (1) $1,997.46 as the initial lease fee computed at the base rate of $0.1070 per square foot, discounted 30 percent because of the first-come, first-served nature of the facility, and including the initial 25 percent surcharge payment for the additional area; (2) $448.88 as the annual extended lease term payment calculated at a factor of .25 times the lease fee; and (3) $10,723.50 for the severance of sovereign material computed at the rate of $2.25 cubic yards pursuant to section 18-21.011(3)(a)2, F.A.C. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable. The lease fee may be adjusted based on seven percent of the rental rate pursuant to section 18-21.011, F.A.C. (Staff's recommendation is for a five-year lease with a total fee of $12,720.96.)
STAFF REMARKS: The lessee is proposing to reconfigure and expand an existing 79slip commercial marina presently used in conjunction with an upland commercial marina and ship-building facility. The existing facility is comprised of registered grandfather structures (GSR #500019), structures under lease, and structures on privately-owned submerged land. The lessee is proposing to remove the three existing docks, reconfigure the facility, and construct three new docks with fewer but larger slips, for a new total of 51 slips. The facility is located partly on sovereign submerged land and partly on privately-owned submerged land. As such, only 34 slips will be located entirely or partly on sovereign submerged land; the remainder are on privately-owned submerged land and are not subject to this review.
The lessee is requesting authorization for the entire project (149,216 square feet) at this time and plans to carry out the reconfiguration and expansion in phases. At this time, the lessee is proposing to construct in the areas identified as Phases B and X by removing the grandfathered structures and replacing them with new, larger structures. The portions coming under lease are those on sovereign submerged lands (all of the Phase X syncrolift and two slips of a new
dock as Phase B). The next planned lease modification will be to add Phase Y (see table) and the two grandfathered areas during their reconfiguration and expansion. The final planned lease modification will be to add the final proposed construction of the T-dock.
All of the phases will be authorized at this time; however, a modified lease will be issued to add only Phases B and X to the current lease area. Lease fees have been calculated for only the existing lease area plus those two phases. Future lease modifications will be issued in accordance with the lessee's proposed expansion plan and associated lease fees will be added as phases are constructed. A special lease condition to address this agreement will be included in the modified lease.
The existing sovereignty submerged land lease, approved by the Department of Environmental Protection on October 24, 1978, authorized the preemption of 7,536 square feet of sovereignty lands. The proposed additional lease area to be added to the current lease area and paid for now is 16,436 square feet (Phases B and X), for a total modified lease area of 23,972 square feet. The proposed future modified lease area will include the remaining phases, the grandfathered areas, and the T-dock for a total modified lease area of 149,216 square feet.
All of the proposed slips will be maintained on an open to the public, first-come, first-served basis and has been addressed as a special lease condition.
The lessee is also proposing to dredge 4,766 cubic yards of sovereign material from 33,960 square feet (0.78 acre) in the northeast and southeast areas of the project for maintenance of adequate depths at the marina in conjunction with construction of Phases B and X. The spoil will be disposed of in an upland spoil site.
The lessee has obtained a ten-year wetland resource permit to allow for the phased construction and, therefore, is also requesting a longer term sovereign submerged land lease for a 25-year period to accommodate the phased construction and continuing operation for financial planning purposes. In accordance with the Board of Trustees' extended term lease policy adopted April 12, 1988, requests for lease term extensions beyond the normal five-year period shall be based upon lending institution long-term financing requirements. The applicant has not demonstrated that its 25-year lease request is based upon long-term financing requirements and staff, therefore, recommends denial of this request.
The DEP modified wetland resource permit requires sewage pumpout, allows fueling facilities, and prohibits liveaboards. The recommendations of the Division of Marine Resources regarding manatees have been addressed in the permit. Protection of seagrasses has been addressed in the permit. The project was not required to be noticed. A May 18, 1994 site inspection confirmed that the project is in compliance.
A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (DCA) determined that the plan was not in compliance. In accordance with the Compliance Agreement between DCA and the local government, an amendment has been adopted which brought the plan into compliance. The proposed action is consistent with the adopted plan as amended according to a letter received from the City of West Palm Beach.
(See Attachment 2, Pages 1-12 )
RECOMMEND DENIAL OF A 25-YEAR LEASE, APPROVAL OF A FIVE-YEAR LEASE AND ASSOCIATED DREDGING, SUBJECT TO THE SPECIAL LEASE CONDITIONS, APPROVAL OF THE PROJECT EXPANSION OF 149,216 SQUARE FEET AND PAYMENT OF $12,720.96 FOR PHASES "B" AND "X" EXPANSION
Item 3 Louis M. Sanchez Easement
REQUEST: Consideration of a request to issue a 50-year easement to Louis M. Sanchez, containing 1.405 acres, more or less.
LOCATION: A portion of Section 05, Township 19 South, Range 21 East, Carlton Half-Moon Ranch Wildlife Management Area
STAFF REMARKS: To obtain legal access to his property, Mr. Sanchez is requesting an ingress/egress easement across the Carlton Half-Moon Ranch Wildlife Management Area (WMA). Mr. Sanchez's property is landlocked by the WMA on three sides and privately-owned land to the south. Access across the privately-owned land is impracticable because of permitting problems associated with existing wetlands.
Pursuant to subsection 704.01(2), F.S., an owner of land cannot be denied access to his/her property and may lawfully use and maintain an easement by means of the nearest practical route. The proposed easement represents the nearest practical route for access.
The WMA is managed by the Florida Game and Fresh Water Fish Commission (FGFWFC). FGFWFC has no objection to the proposed easement subject to certain conditions that are included in the easement document.
A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S. The Department of Community Affairs has determined that the plan is in compliance. The proposed action is consistent with the adopted plan according to a letter received from Sumter County.
(See Attachment 3, Pages 1-20)
Item 4 Hodde Purchase Agreement/Franklin Investments, LTD Option Agreement/ Survey Waivers/Hutchinson Island Green Turtle Beach SOC Program
REQUEST: Consideration of (1) a request to reaffirm the
Save Our Coast program Priority List; (2) a purchase agreement
to acquire 8.57 acres from Patricia Hodde, Richard Hodde and
Janet Hodde-Vargas, Individually and as Trustees; (3) an option agreement to acquire 1.43 acres from Gerald Franklin, Managing General Partner in and for Franklin Investments, LTD within the Hutchinson Island Green Turtle Beach project, under the Save Our Coast Program; and (4) a request for survey waivers.
CONSIDERATION: $340,000 ($320,000 for the acquisitions and up to $20,000 for costs associated with these transactions)
| REVIEW | APPRAISED BY Schieber | APPROVED | PURCHASE | CLOSING / | |||
| NO. | SELLER | ACRES | (07/09/96) | VALUE | PRICE | OPTION DATE | |
| 617007 | Hodde | 8.57 | $240,000 | $240,000 | $240,000 | 6 months | after BOT approval |
| 617008 | Franklin | 1.43 | $145,000 | $145,000 | $80,000 | 04/30/97 |
STAFF REMARKS: The Save Our Coast (SOC) program was a $275 million bond initiative begun in the early 1980's under the provisions of chapter 375, F.S., and Article XII, section 9 of the State Constitution. The purpose of the program was to carry out an accelerated program for the acquisition of coastal lands with direct frontage on the Gulf of Mexico and the Atlantic Ocean to provide needed public outdoor recreation and to beneficially influence coastal growth patterns and coastal conservation and preservation. Hutchinson Island Green Turtle Beach was first placed on the SOC priority list in 1986. All but a small portion of the project was acquired between 1987 and 1989. By 1992, the program was winding down, no further sale of bonds was authorized or anticipated, and available residual funds had been minimized. The program priority list was last updated by the Land Acquisition Advisory Council on December 6, 1991, and approved by the Board of Trustees on February 4, 1992. Hutchinson Island Green Turtle Beach was ranked number 11 on that list. Since that time, all higher ranked projects have either been purchased, transferred to other programs for acquisition, or have purchase prices in excess of the amount of remaining SOC funds available.
The Department of Environmental Protection requests that the Board of Trustees reaffirm the 1992 acquisition priority list to enable the expenditure of the remaining SOC funds for these parcels. The current available funds are residual proceeds and earnings from projects that were contracted but could not be acquired under the Save Our Coast program. Pursuant to chapter 96-321, Laws of Florida, the SOC Trust Fund is in the process of being abolished. Any funds not encumbered by November 4, 1996, will be transferred to the Land Acquisition Trust Fund.
All mortgages and liens will be satisfied at the time of closing. In the event the commitments for title insurance, to be obtained prior to closing, reveal any other encumbrances which may affect the values of the properties or the proposed management of the properties, staff will so advise the Board of Trustees prior to closing. The purchaser shall reimburse the seller for the cost of the title insurance for the Hodde parcel.
The Bureau of Survey and Mapping has reviewed the appraisal maps and field inspected the properties and recommends the final survey requirement be waived for these properties as the parcels are completely surrounded by state and county-owned lands.
Environmental site assessments will be provided by the purchaser prior to closing.
These properties will be managed by St. Lucie County as an addition to John Brooks County Park.
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 1-49)
Item 5 Kiekhaefer Purchase Agreement/Department of Agriculture and Consumer Services, Division of Forestry/St. Cloud Towersite
REQUEST: Consideration of a purchase agreement to acquire five acres by the Board of Trustees for the benefit of the Department of Agriculture and Consumer Services, Division of Forestry from Frederick C. Kiekhaefer and Freda Kiekhaefer, Co-Trustees Successors to four separate trusts.
LOCATION: Section 24, Township 26 South, Range 31 East
| REVIEW | PARCEL | APPRAISED BY GARDNER | APPROVED | PURCHASE | CLOSING | |
| NO. | NAME | ACRES | (08/24/95) | VALUE | PRICE | DATE |
| 617009 | St. Cloud | 5 | $52,200 | $52,200 | $46,500 | 120 days afterBOT approval |
STAFF REMARKS: This acquisition was negotiated by the Department of Agriculture and Consumer Services, Division of Forestry (DOF). Funds for this acquisition were appropriated by the Florida Legislature and are still available.
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 survey and environmental site assessment of the property will be provided by the DOF prior to closing.
The parcel will be managed by the Department of Agriculture and Consumer Services, Division of Forestry as the St. Cloud Towersite.
This acquisition is consistent with section 187.201(23), F.S., the Agriculture section of the State Comprehensive Plan.
(See Attachment 5, Pages 1-35)
Item 6 Four Purchase Agreements/Survey Waivers/Belle
Meade CARL Project
REQUEST: Consideration of (1) four separate purchase agreements to acquire 208.50 acres within the Belle Meade CARL project from four separate owners; and (2) a request for survey waiver for all properties except parcel number 285.
LOCATION: Sections 07, 17 and 19, Township 50 South, Range 27 East
CONSIDERATION: $387,040
| REVIEW NO. | PARCEL NO. | OWNER | ACRES | APPRAISED BY (Dane) (11/28/95) | APPROVED VALUE | PURCHASE PRICE | CLOSING DATE |
| 617001 | 285 | Paul | 43.50 | $ 95,700 | $ 95,700 | $ 95,500 | 6 months |
| 617002 | 245 & 247 | Waldin | 85.30 | 153,540 | 153,540 | 150,000 | after BOT |
| 617003 | 123A,B&C | Young, A. | 49.80 | 91,640 | 91,640 | 89,440 | approval |
| 617004 | 121 | Young, J | 29.90 | 53,820 | 53,820 | 52,100 | |
| 208.50 | $394,700 | $387,040 |
STAFF REMARKS: The Belle Meade CARL project is ranked number 3 on the CARL Priority Project List approved by the Board of Trustees on February 13, 1996, and is eligible for purchase under the Division of State Lands' Land Acquisition Workplan. This project contains 17,987 acres, of which 6,442 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves these agreements, 11,336 acres or 63 percent of the project will remain to be acquired.
All mortgages and liens will be satisfied at the time of closing. In the event the commitments for title insurance provided by the purchaser, to be obtained prior to closing, reveal any other encumbrances which may affect the value of the properties or the proposed management of the properties, staff will so advise the Board of Trustees prior to closing.
A waiver of the requirement for surveys of all parcels except number 285 is being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, the benefit of surveys of these parcels would be outweighed by the cost and time involved in obtaining the surveys. While these parcels are being recommended for a waiver of survey at this time, should the title commitments reveal a substantive surveying or surveying related issue which impacts any given parcel, a certified survey will be provided by the purchaser prior to closing.
Environmental site assessments for all parcels and a certified survey for parcel number 285
will be provided by the purchaser prior to closing.
The cypress swamps and old-growth slash pine flatwoods in the Belle Meade project, extending to the fast-developing suburbs of Naples, are still important for such endangered wildlife as Florida panthers, red-cockaded woodpeckers, and Florida black bear. Belle Meade is also the watershed for Rookery Bay. The Belle Meade CARL project will conserve the westernmost large natural area in southwest Florida, protect some of the southernmost populations of several rare animals, and help protect the quality of the subtropical estuary of Rookery Bay by preserving the critical hydrological connection from the flatwoods and swamps to the bay, while providing a large area for recreation in a natural environment to residents of and visitors to rapidly urbanizing southwest Florida.
These properties will be managed by the Department of Agriculture and Consumer Services, Division of Forestry, as part of the Picayune Strand State Forest.
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 6, Pages 1-27)
Item 7 Egan/St. Johns River Water Management District Acquisition/Sebastian Creek CARL Project
REQUEST: Authorization to acquire an undivided 50 percent interest in 1,149.5 acres (Egan parcel) within the Sebastian Creek CARL project from the St. Johns River Water Management District (District).
CONSIDERATION: $997,800 (Board of Trustees' 50 percent share of the total purchase price of $1,995,600)
STAFF REMARKS: The Sebastian Creek CARL project is ranked number 4 on the 1996 CARL Bargain/Shared Project List approved by the Board of Trustees on February 13, 1996, and qualifies for purchase under the Division of State Lands' Land Acquisition Workplan. The project contains 22,407 acres, of which 15,476 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 5,782 acres or 26 percent of this project will remain to be acquired.
On October 25, 1994, the Board of Trustees authorized staff to enter into an acquisition agreement with the District to acquire the Sebastian Creek CARL project in accordance with section 259.041(16), F.S. (1994), utilizing the procedures set out in section 373.139, F.S., with some technical survey modifications that have been incorporated into the agreement. On November 10, 1994, the Governing Board of the District approved and executed the acquisition agreement and it has been executed by the Director of the Division of State Lands on behalf of the Board of Trustees.
The original acquisition agreement with the District included all lands lying north of the C-54 canal within the CARL project boundary. Following the execution of the agreement, the District contracted to purchase the Egan ownership in fee simple utilizing District acquisition procedures set out in section 373.139, F.S., at 98 percent of the approved value. The District's contract provides for an upward and downward adjustment at $1,800 per acre based on the final survey acreage, with the Board of Trustees' share of the purchase price being adjusted accordingly.
As provided for in the acquisition agreement, on September 11, 1996, the Governing Board of the District adopted Resolution No. 96-14, requesting reimbursement from the Board of Trustees for 50 percent of the costs for acquisition of the Egan parcel. The resolution contains all of the assurances required by the acquisition agreement.
The District is in the process of closing the transaction and will subsequently transfer 50 percent interest to the Board of Trustees. In addition to the Board of Trustees' purchase price
of 50 percent of the purchase price negotiated by the District, pursuant to the acquisition agreement, the District is entitled to reimbursement of 50 percent of its pre-acquisition and closing costs. Pursuant to the acquisition agreement, the pre-acquisition and closing costs will be reimbursed from CARL incidental expense funds previously released by the Board of Trustees.
The property will be managed by the Division of Marine Resources in an effort to protect the West Indian Manatee by providing an upland buffer to Sebastian Creek by limiting development in the area, thereby maintaining upland habitat diversity and protecting the water quality of the Indian River-Malabar to Vero Beach Aquatic Preserve.
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 7, Pages 1-13)
Item 8 Wood/Papy/Toppino Option Agreements/Florida Keys Ecosystem CARL Project
REQUEST: Consideration of (1) two option agreements to acquire approximately 206.64 acres within the Florida Keys Ecosystem CARL project from Shirley Papy Wood, Marilyn M. Papy, Charlotte M. Toppino, et al, utilizing appraisals based on land use regulations in effect as of January 1, 1996; and (2) designation of the Game and Fresh Water Fish Commission as the managing agency for Big and Middle Torch Keys within the Florida Keys Ecosystem CARL project.
LOCATION: Sections 17, 18 and 20, Township 66 South, Range 29 East
CONSIDERATION: $540,000
| REVIEW NO. | PARCEL | ACRES | APPRAISED BY Marr (10/13/95) | APPROVED VALUE | PURCHASE PRICE | OPTION DATE |
| 617005 | A | 74.50 | $ 280,000 | $ 280,000 | $ 235,600 | 120 days after BOT approval |
| 617006 | B | 28.48 | $ 120,000 | $ 120,000 | ||
| C | 103.66 | $ 240,000 | $ 240,000 | $ 304,400* | ||
| 206.64 | $ 640,000 | $ 540,000 |
STAFF REMARKS: The Florida Keys Ecosystem CARL project is ranked number 5 on the CARL Priority Project List approved by the Board of Trustees on February 13, 1996, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. The project contains 6,964 acres, of which 611.08 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 6,146.28 acres or 88 percent of the project will remain to be negotiated.
On March 12, 1996, the Board of Trustees exercised its authority under section 259.041(1), F.S., to waive the normal appraisal procedures and to substitute other reasonably prudent procedures. This waiver enabled the Division of State Lands to utilize approved appraised values that were based on land use regulations in effect as of January 1, 1996, in Monroe County, Florida.
All mortgages and liens will be satisfied at the time of closing. In the event the commitments for title insurance, to be obtained prior to closing, reveal any other encumbrances which may affect the value of the properties or the proposed management of the properties, staff will so advise the Board of Trustees prior to closing.
The certified surveys and environmental site assessments will be provided by the purchaser.
The Florida Keys Ecosystem CARL project is part of a strategy for conserving the biological diversity of the tropical hardwood hammock ecosystem in the continental United States. The project (located in a designated Area of Critical State Concern) would provide a network of hammock forest preserves linking existing hammock preserves in North Key Largo and the Lower Keys, ensuring that critical ecological processes will be preserved. Natural communities within the project sites include tropical hardwood hammock (Rockland Hammock), estuarine tidal swamp and coastal rock barren.
At the time the Board of Trustees approved the CARL Annual Report on February 13, 1996, the U. S. Fish and Wildlife Service (USF&W) was identified as the manager for Big and Middle Torch Keys within the Florida Keys Ecosystem CARL project. Pursuant to section 259.032(9)(b)2., F.S., staff recommends that the Board of Trustees designate the Game and Fresh Water Fish Commission (GFC) as the manager of the Big and Middle Torch Keys within the Florida Keys Ecosystem. GFC will manage these properties for the perpetuation and maintenance of its natural communities. This recommendation to designate GFC as the project manager is made with concurrence of the Land Acquisition Advisory Council.
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 8, Pages 1-66)
*
Item 9 Manning/St. Johns River Water Management District Acquisition/ Etoniah/Cross Florida Greenway CARL Project
REQUEST: Authorization to acquire 1,512 acres (Manning parcel) within the Etoniah/Cross Florida Greenway CARL project from the St. Johns River Water Management District (District).
LOCATION: Sections 16, 17, 20 and 21, Township 08 South, Range 25 East.
STAFF REMARKS: The Etoniah/Cross Florida Greenway CARL project is ranked number 12 on the 1996 CARL Priority Project List approved by the Board of Trustees on February 13, 1996, and qualifies for purchase under the Division of State Lands' Land Acquisition Workplan.
The project contains 61,564 acres, of which 7,239 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 52,813 acres or 86 percent of this project will remain to be acquired.
On November 29, 1995, the Board of Trustees authorized staff to enter into an acquisition agreement with the District to acquire the Etoniah/Cross Florida Greenway CARL project in accordance with section 259.041(16), F.S. (1994) utilizing the procedures set out in section 373.139, F.S., with some technical survey modifications that have been incorporated into the agreement. On July 19, 1996, the Governing Board of the District approved and executed the acquisition agreement and it has been executed by the Director of the Division of State Lands on behalf of the Board of Trustees.
The original acquisition agreement with the District included the Manning, Odum, Interlachen Estates Subdivision, Miller and Suttlemyer parcels. Following the execution of the agreement, the District contracted to purchase the Manning ownership in fee simple utilizing District acquisition procedures set out in section 373.139, F.S., at 95 percent of the approved value. The District's contract provides for an upward and downward adjustment at $867 per acre based on the final survey acreage, with the Board of Trustees' purchase price being adjusted accordingly.
As provided for in the acquisition agreement, on September 11, 1996, the Governing Board of the District adopted Resolution No. 96-33, requesting reimbursement from the Board of Trustees for the costs for acquisition of the Manning parcel. The resolution contains all of the assurances required by the acquisition agreement.
The District is in the process of closing the transaction and title to the parcel will vest in the Board of Trustees. In addition to the Board of Trustees' purchase price of 100 percent of the purchase price negotiated by the District, pursuant to the acquisition agreement, the District is entitled to reimbursement for its pre-acquisition and closing costs. Pursuant to the acquisition agreement, the pre-acquisition and closing costs will be reimbursed from CARL incidental expense funds previously released by the Board of Trustees.
The property will be managed by the Department of Agriculture and Consumer Services, Division of Forestry as a state forest.
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 9, Pages 1-11)
Item 10
Surplus Land Sale/Cross Florida Greenways State Recreation and
Conservation Area
REQUEST: Consideration
of approval of a contract to sell four parcels of Board of Trustees'
land located in the Cross Florida Greenways State Recreation and
Conservation Area (former barge canal lands), which have been
identified as surplus lands, pursuant to sections 253.7823 and
253.783, F.S.
COUNTY: Marion
APPLICANT: Marion
County, Florida, a political subdivision of the State of Florida
LOCATION: Parcel A, Section 01, Township 16 South, Range 22 East; Parcel B, Sections 33 and 34, Township 16 South, Range 21 East and Sections 03 and 04, Township 17 South, Range 21 East; Parcel C, Section 29, Township 16 South, Range 22 East; and Parcel E, Section 01, Township 17 South, Range 20 East
CONSIDERATION: $234,700, which represents the current appraised value of the four parcels totaling 85.78 acres (parcel A is approximately 65.78 acres valued at $164,500; parcel B is approximately 12 acres valued at $29,400; parcel C is approximately three acres valued at $10,100; and parcel E is approximately five acres valued at $30,700). In accordance with section 253.783(2)(a), F.S., Marion County (County) has elected to acquire the property without monetary payment to the State and the amount of the purchase price shall be subtracted from the County's reimbursement under section 253.783(2)(e), F.S.
STAFF REMARKS: The Board of Trustees acquired title to these lands from the Canal Authority of Florida in 1993 as a result of the deauthorization of the Cross Florida Barge Canal. Section 253.7823, F.S., grants the Department of Environmental Protection (DEP) the authority to designate former barge canal lands surplus and sell same, for the purpose of repayment to the counties affected by the authorization and subsequent deauthorization of the Cross Florida Barge Canal and to generate management funds for the Cross Florida Greenways State Recreation and Conservation Area.
Pursuant to section 253.7823(1), F.S., DEP has identified these four parcels as surplus. Appraised value, habitat, recreation and conservation values, ecological factors, access and difficulty of management were among the criteria used to determine eligibility for surplus and sale.
A consideration on the status of the local government comprehensive plan was not made for this item. The DEP has determined that land conveyances are not subject to the local government planning process.
(See Attachment 10, Pages 1-18 )
RECOMMEND APPROVAL
Item 11 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 Clayton |
Appraised 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 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 Trails and Seminole County, the County has obtained the required two appraisals and title 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.
(Attachments will be submitted separately.)
RECOMMEND APPROVAL