Submittal of the minutes of the November 18, 1997 and December 4, 1997 Cabinet meetings.

REQUEST: Issuance of a quitclaim deed to clear title to state-owned lands that were occupied in error in exchange for a deed to unoccupied lands originally conveyed by the Board of Trustees.

COUNTY: Citrus

APPLICANTS: Ervin and Kathryn Hennlich

LOCATION: Sections 34 and 35, Township 18 South, Range 16 East,

and Sunny Isles Estates Subdivision

CONSIDERATION: Exchange of Parcels

STAFF REMARKS: In 1954, the Board of Trustees conveyed Government Lot 1 of Section 34, Township 18 South, Range 16 East. This parcel lies in an area of coastal Citrus County containing numerous islands and waterways. Apparently, because of confusion relating to the inaccuracy of the original U. S. Government surveys of the area and their relation to existing landforms, the original grantee failed to occupy the parcel purchased. Instead, the grantee occupied a vacant state-owned parcel in the west one half of the southwest quarter of Section 35. Over the years this error went undetected and the parcel was subdivided into several lots which were sold and developed. The applicants purchased a parcel of the subdivided land and subsequently found that they did not hold clear title. In order to clear their title, the applicants propose to quitclaim their interest in Government Lot 1 of Section 34 to the Board of Trustees in exchange for a quitclaim deed to the lands they occupy in Section 35. On March 23, 1993, the Board of Trustees approved a similar exchange in this subdivision.

A consideration of the status of the local government comprehensive plan was not made for this item. The Department of Environmental Protection has determined that the proposed action is not subject to the local government planning process.

(See Attachment 2, Pages 1-5)

RECOMMEND APPROVAL

REQUEST: A determination that the establishment of a regional visitors center and aviation facility on 5.6 acres owned by the City of Miami on Watson Island is consistent with the restrictions in Board of Trustees Deed No. 19447.

COUNTY: Dade

Deed No. 19447

APPLICANT: City of Miami

LOCATION: Section 31, Township 53 South, Range 42 East, Watson Island, Biscayne Bay Aquatic Preserve, Class III waters, within the local jurisdiction of the City of Miami

STAFF REMARKS: Watson Island originated as fill that was placed to construct a causeway. This spoil island was owned by the state until it was deeded to the City of Miami (City) on February 24, 1949 (Deed No. 19447). The deed to the City prohibits the sale, conveyance or lease of the land to private persons, firms or corporations for private uses or private purposes, and restricts the use of the property to public and municipal purposes. The deed contains a reverter in the event the deed restrictions are violated.

The City has entered into an inter-local agreement with the Miami Sports and Exhibition Authority for the purpose of constructing a visitors center and public aviation project. The project will consist of a municipal heliport with space for at least three operators, a seaplane base, a visitors center, an air museum, administrative offices and terminal, customs and immigration facilities, and a restaurant. The City considers the project to meet the public and municipal purpose requirements of Deed No. 19447 and requests the Board of Trustees’ concurrence.

Chapter 163.3194(3)(b), F.S., states that a local development approved or undertaken by a local government shall be consistent with the comprehensive plan if it meets all criteria of the plan and all other criteria enumerated by the local government. Therefore, since local governments do not permit themselves, the proposed project is deemed to be consistent and no letter of consistency is required.

(See Attachment 3, Pages 1-9)

RECOMMEND APPROVAL

COUNTY: Dade

APPLICANT: Department of Management Services

LOCATION: Section 21, Township 52 South, Range 41 East

CONSIDERATION: $275,300

APPRAISED BY

REVIEW SELLER/ DANNER APPROVED PURCHASE CLOSING

NO. PARCEL# ACRES (11/20/96) VALUE PRICE DATE

801010 Prado/2 0.06 $ 5,300 $ 5,300 $ 5,300 *

801011 Blaxberg/3 0.25 $190,000 $190,000 $190,000 03/31/98

801012 Hubbard/4 0.25 $100,000 $100,000 $ 80,000 *

0.56 $295,300 $275,300

* closing shall be within 60 days after DMS’ receipt of the title insurance

commitment or the BOT’s approval, whichever occurs later

STAFF REMARKS: These acquisitions were negotiated by the Department of Management Services (DMS). Funds for these acquisitions were appropriated by the 1993-1994 Florida Legislature and are still available.

The Opa-Locka Regional Service Center (OLRSC) was initiated in 1991. The north half of the project area is owned by the City of Opa-Locka (City) and will be donated to the Board of Trustees for the OLRSC. The south half of the project is in five separate ownerships. Contracts with three of the owners are the subject of this item and the remaining two ownerships are being acquired by the City via eminent domain and will be sold to DMS in the future for the maximum value allowed under the law.

Improvements on the Blaxberg parcel consist of a 6,966 square-foot commercial building, and on the Hubbard parcel, a 3,834 square-foot commercial building. DMS is aware of the improvements and has indicated they will remove the buildings after closing.

All mortgages and liens on the parcels will be satisfied at the time of the closings. In the event the commitments for title insurance reveal 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 the closings.

A certified survey of each parcel will be provided by each seller prior to closing with DMS reimbursing each seller’s survey cost and title insurance cost. DMS will obtain an environmental site assessment of the site.

These parcels will be managed by DMS as a Regional Service Center Facility.

These acquisitions are consistent with section 187.201(18), F.S., the Public Facilities section of the State Comprehensive Plan.

(See Attachment 4, Pages 1-50)

REQUEST: Consideration of a purchase agreement to acquire 6.57 acres by the Florida Department of Transportation, District Six from GA Industries Corporation.

COUNTY: Dade

APPLICANT: Department of Transportation

LOCATION: Section 32, Township 51 South, Range 42 East

CONSIDERATION: $1,850,000

APPRAISED BY

REVIEW Wilson Quinlivan APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (12/29/97) (12/20/97) VALUE PRICE DATE

801001 GA Industries 6.57 $1,800,000 $1,851,500 $1,851,500 $1,850,000 90 days

after BOT

approval

Improvements on the property consist of a one-story, 12,000 square-foot structure in fair condition and a two-story, 10,000 square-foot structure in poor condition. The entire site is enclosed by a chain link fence. After closing, DOT will demolish the improvements, which were considered by the contract appraisers and given no value.

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 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 will be provided by the acquiring agency prior to closing.

An environmental site assessment of the property will be provided by DOT prior to closing. The property has groundwater contamination for which the seller has submitted a remediation plan to the Dade County Department of Environmental Resources Management for approval. It is reported that the contamination can be cleaned up on site for approximately $153,500. Since the seller will only sell the property "as is" and DOT has a need for the property, DOT has agreed to pay for the remediation. The agreement provides for DOT to cleanup the property within one year after the closing.

This property will be managed by the DOT as a maintenance yard facility.

This acquisition is consistent with section 187.201(20), F.S., the Transportation section of the State Comprehensive Plan.

(See Attachment 5, Pages 1-32)

COUNTY: Highlands

LOCATION: Sections 03, 04 and 10, Township 34 South, Range 29 East

CONSIDERATION: $66,150

APPRAISED BY

REVIEW Miller APPROVED PURCHASE OPTION

NO. PARCEL ACRES (06/03/97) VALUE PRICE DATE

801009 Kulcsar (19 lots) 23.75 $73,500 $73,500 $66,150 180 days after

BOT approval

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.

A waiver of the requirement for surveys for lots 484, 544, 661, 663, 668, 723, 936, 979, 983, 992, 1000, 1002, 1003 and 1626 is being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, the parcels to be acquired meet all of the following conditions:

• the parcels are surrounded by state-owned land or land the state intends to acquire;
• the parcels are located within a subdivision or in a section in which the controlling land corners have been recently surveyed by Keith & Schnars, Inc., in their preparation of an appraisal map, and the survey drawing is acceptable for computing acreage;
• the parcels are in their natural unimproved condition;
• although the interior parcel lines were not surveyed, it appears that the boundaries of the parcels do not adjoin fences or improvements other than those managed or to be managed by the state; and
• the parcel was visually inspected.

While these parcels are being recommended for waivers of survey at this time, should the title commitments or field inspections reveal a substantive surveying or surveying related issue which impacts the parcels, certified surveys will be provided by the purchaser prior to closing.

Title insurance policies; environmental site evaluations and, if necessary, environmental site assessments for all lots; and certified surveys for lots 419, 423, 486, 981 and 997 will be provided by the purchaser prior to closing.

The high, sandy, Lake Wales Ridge, stretching south from near Orlando almost to Lake Okeechobee, was originally covered with a mosaic of scrub, flatwoods, wetlands, and lakes. The scrub is unique in the world - it is inhabited by many plants and animals found nowhere else - but it has almost completely been converted to citrus groves and housing developments. The Lake Wales Ridge Ecosystem CARL project is designed to protect the best remaining tracts of this scrub and the ecosystems associated with it, thereby preserving several endangered species and allowing the public to see examples of the unique original landscape of the ridge.

These properties will be managed by the Florida Game and Fresh Water Fish Commission under a single-use concept as a unit of the Lake Wales Ridge Ecosystem.

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 1-28)

COUNTY:  Brevard

LOCATION:  Section 06, Township 30 South, Range 39 East

CONSIDERATION:  $212,500

APPRAISED BY

REVIEW Benson APPROVED PURCHASE CLOSING

NO. OWNER ACRES (03/20/97) VALUE PRICE DATE

801006 Rainey 0.84 $222,000 $222,000 $212,500 180 days

after BOT

approval

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.

Although sea turtle nesting occurs from the southern tip of Texas to the southern coast of Virginia, a 20-mile stretch of beach in Brevard and Indian River Counties is one of the most significant nesting areas for Loggerhead Sea Turtles in the world; the most significant nesting area for Green Sea Turtles in the western hemisphere; and an occasional nesting area for the Leatherback Sea Turtle, one of the largest and rarest sea turtles. For thousands of years, these sea turtles have returned each year to these beaches to lay their eggs and continue the species. The Archie Carr Sea Turtle Refuge project is designed to help protect the habitat and assure the continued survival of these endangered sea turtles.

This property will be managed by the United States Fish & Wildlife Service as part of the Archie Carr National Wildlife Refuge.

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 1-26)

RECOMMEND APPROVAL

REQUEST:  Consideration of (1) two purchase agreements to acquire 157 acres within the Belle Meade CARL project from Vance and Barbara Julian and the William R. Heffernan Estate; and (2) a request for survey waiver for parcel 329B.

COUNTY:  Collier

LOCATION:  Sections 02, 23 and 27, Township 50 South, Range 27 East

CONSIDERATION: $297,200

APPRAISED BY

REVIEW Dane APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (11/28/95) VALUE PRICE DATE

801002 Julian/60 75.7 $151,400 $151,400 $145,000 6 months

801003 Heffernan/329A 61.4 $122,800 $122,800 $116,500 after BOT

approval

(12/28/95)

Heffernan/329B 19.9 $ 39,800 $ 39,800 $ 35,700

157 $314,000 $297,200

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.

A waiver of the requirement of survey for parcel 329B is being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, parcel 329B meets all of the following conditions:

• the parcel is surrounded by state-owned land or surrounded by land the state intends to acquire;
• the parcel or the parent tract has been surveyed since 1900, and the survey drawings are acceptable for computing acreage;

• the parcel is in its natural unimproved condition; and
• the boundaries of the parcel do not adjoin fences or improvements other than those managed or intended to be managed by the state.

While parcel 329B is being recommended for a waiver of survey at this time, should the title commitment reveal a substantive surveying or surveying related issue which impacts the parcel, a certified survey will be provided by the purchaser prior to closing. In the event the full survey is waived, a professional land surveyor will inspect the property for any visible evidence of improvements or potential boundary issues. In cooperation with the managing agency, the Division of State Lands will acquire any special purpose survey work necessary for the effective management of the property.

Title insurance policies, environmental site evaluations and, if necessary, environmental site assessments and certified surveys for parcel 60 and parcel 329A, 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, 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 8, Pages 1-20)

COUNTY:  Lake

LOCATION:  Sections 38 and 17, Township 17 South, Range 29 East

CONSIDERATION:  $45,200

APPRAISED BY

REVIEW Hupp APPROVED PURCHASE OPTION

NO. PARCEL ACRES (10/09/97) VALUE PRICE DATE

801008 Francolino & 11.3 $62,150 $62,150 $45,200 180 days

Troiano/10 after BOT

approval

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.

The springs, rivers, lakes, swamps, and uplands stretching north from Orlando to the Ocala National Forest are an important refuge for the Florida black bear, as well as other wildlife such as the bald eagle, swallow-tailed kite, Florida scrub jay and wading birds. The Wekiva-Ocala Greenway will protect these animals and the Wekiva and the St. Johns River basins by protecting natural corridors connecting Wekiva Springs State Park, Rock Springs Run State Reserve, the Lower Wekiva River State Preserve and Hontoon Island State Park with the Ocala National Forest. It will also provide the people of the booming Orlando area with a large, nearby natural area in which to enjoy camping, fishing, swimming, hiking, canoeing and other recreational pursuits.

This property will be managed by the Division of Recreation and Parks as a state 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 9, Pages 1-21)

RECOMMEND APPROVAL

COUNTY:  Marion

LOCATION:  Section 13, Township 17 South, Range 20 East

CONSIDERATION:  $ 15,450

APPRAISED BY

REVIEW Schlemmer APPROVED PURCHASE OPTION

NO. PARCEL ACRES (10/23/95) VALUE PRICE DATE

801004 Carlock/3 10.3 $20,600 $20,600 $15,450 180 days after

BOT approval

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.

Though they once covered much of north and central Florida, old-growth longleaf pine sandhills are now only distant memories, replaced by pine plantations, pastures, and housing developments. Nevertheless, fragments of good sandhills still remain. The Longleaf Pine Ecosystem project will conserve four of the largest and best of these fragments, in so doing helping to ensure the survival of several rare animals like the red-cockaded woodpecker as well as some plants, and giving the public an opportunity to see and enjoy the original, and increasingly rare, natural landscape of Florida’s uplands.

This property will be managed by The Department of Agriculture and Consumer Services, Division of Forestry as a part of the Ross Prairie 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 10, Pages 1-31)

RECOMMEND APPROVAL

COUNTY:  Collier

LOCATION:  Section 23, Township 51 South, Range 25 East

CONSIDERATION:  $57,000

APPRAISED BY

REVIEW Dane APPROVED PURCHASE OPTION

NO. PARCEL ACRES (01/28/97) VALUE PRICE DATE

801005 Barksdale/103 0.36 $57,000 $57,000 $57,000 180 days

after BOT

approval

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 waiver of the requirement of survey for this parcel is being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, the parcel to be acquired meets all of the following conditions:

• the parcel is surrounded by state-owned land or surrounded by land the state intends to acquire;
• the referenced parcel is located within a subdivision or in a section in which the controlling land corners have been recently survey by Southern Mapping Technology, Inc., and the survey drawing is acceptable for computing acreage;
• the parcel is in its natural unimproved condition;
• although the interior parcel lines were not surveyed, it appears that the boundaries of the parcel does not adjoin fences or improvements other than those managed by the state; and
• the parcel was visually inspected on November 22, 1997.

While this parcel is being recommended for a waiver of survey at this time, should the title commitment and field inspection reveal a substantive surveying or surveying related issue which impacts the parcel, a certified survey will be provided by the purchaser prior to closing.

Rookery Bay is an outstanding subtropical estuary in the fastest growing part of Florida. Its mangroves shelter important nesting colonies of water birds, and feed and protect many aquatic animals. These animals in turn, are the foundation of commercial and recreational fisheries. The Rookery Bay CARL project will protect the bay’s water quality and its native plants and animals and will provide recreational opportunities to the people of southwest Florida. As an addition to the Rookery Bay National Estuarine Research Reserve, the project will also further coastal ecosystem research and environmental education.

This property will be managed by the Division of Marine Resources as part of the Rookery Bay National Estuarine Research Reserve.

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 11, Pages 1-38)

RECOMMEND APPROVAL

COUNTY:  Lee

LOCATION:  Section 29, Township 44 South, Range 21 East

CONSIDERATION:  $85,000

APPRAISED BY

REVIEW Bowen APPROVED PURCHASE OPTION

NO. OWNER ACRES (09/29/94) VALUE PRICE DATE

801007 Beckstead 1.3 $100,000 $100,000 $85,000 120 days after

BOT approval

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 waiver of the requirement for a survey of this parcel is being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, the parcel to be acquired meets all of the following conditions:

• the parcel is surrounded by state-owned land or land the state intends to acquire;
• the referenced parcel is located within Section 29, Township 44 South, Range 21 East, which was surveyed in 1983 by Johnson Engineering, Inc., and the survey drawing is acceptable for computing acreage;
• the parcel is in its natural unimproved condition; and
• the boundary of this parcel does not adjoin fences or improvements other than those managed by the state.

While this parcel is being recommended for a waiver of survey at this time, should the title commitment reveal a substantive surveying or surveying related issue which impacts the parcel, a certified survey will be provided by the purchaser prior to closing. In cooperation with the managing agency, the Division of State Lands will acquire any special purpose survey work necessary for the effective management of the property.

A title insurance policy, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by purchaser prior to closing with seller reimbursing purchaser’s title insurance costs. A mass environmental site assessment was performed on this project and no contaminants were discovered. Prior to closing, the managing agency will perform a site inspection and, as in prior purchases in this project, unless contaminants are found, a site specific environmental site assessment will not be performed.

A chain of sandy barrier islands, including Cayo Costa and North Captiva, protects the entrance to Charlotte Harbor, one of the largest and most productive estuaries in Florida. The Cayo Costa Island project will protect the beaches, dunes and hammocks of these islands--the largest barrier islands in natural condition in southwest Florida--while giving the residents and tourists a beautiful natural shore to enjoy for years to come.

This property will be managed by the Division of Recreation and Parks as part of Cayo Costa State Park.

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 12, Pages 1-17)

RECOMMEND APPROVAL

COUNTY: Palm Beach

LOCATION: Section 21, Township 46 South, Range 35 East

CONSIDERATION: $15,200

APPRAISED BY

REVIEW Miller APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (10/23/97) VALUE PRICE DATE

801013 Ethridge 10.0 $6,100 $6,100 $15,200 180 days after

BOT approval

The South Florida Water Management District needs this property to construct Storm Water Treatment Area 5 (STA 5) which is being constructed in compliance with section 373.4592, F.S. This property is critical for construction of STA 5. Department of Environmental Protection (DEP) staff recommends that the Board of Trustees approve purchase of this property for more than the approved Division of State Lands (DSL) value in order to avoid the lengthy and costly process of condemnation.

The parcel, until recently, had a tax assessed value of $20,000 and the owners had only been willing to consider a sale at the assessed value. During the process of having the property

appraised for negotiations, the appraiser consulted with the Palm Beach County (County) property appraiser and the County realized that the property had been mistakenly assessed as improved agricultural land and reduced the property assessment to $5,000. The DEP appraiser initially concluded a fair market value of $10,000 but when title information revealed that the property is partially encumbered by a canal reservation, the value was adjusted downward to $6,100. The owners stated that they purchased the property in the 1970’s for $10,000 and, while they acknowledge the reduction in the assessed value, they feel their asking price of $15,200 is fair and equitable. Because this parcel is critical to the construction of STA 5, DEP would recommend acquisition either by paying more than appraised value or by using the power of eminent domain. DSL staff has consulted with attorneys representing the Board of Trustees on other condemnation matters and have been advised that the amount of additional compensation is only a fraction of the costs that would be incurred if the parcel were pursued through eminent domain.

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 property or the proposed management of the property, staff will so advise the Board of Trustees prior to closing.

A waiver of the requirement for survey is being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, the parcel to be acquired meet all of the following conditions:

• the parcel is surrounded by state-owned land, or land the state intends to acquire;
• the parcel is located within a subdivision or in a section in which the controlling land corners were surveyed in 1914-1915, and the survey drawing is acceptable for computing acreage;
• the parcel is in its natural unimproved condition; and
• it appears that the boundaries of the parcel do not adjoin fences or improvements other than those managed or to be managed by the state.

While the parcel is being recommended for waiver of survey at this time, should the title commitment or field inspection reveal a substantive surveying or surveying related issue which impacts the parcel, a certified survey will be provided by the purchaser prior to closing.

A title insurance policy, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing.

Once a huge sawgrass marsh, the Everglades sent its water south from Lake Okeechobee to the mangrove swamps north of Cape Sable. Now the northern part of that marsh is drained by large canals and planted in sugar cane and other crops, threatening the health of the more natural Everglades to the south. The disturbed, but restorable, marsh of the Rotenberger/Seminole Indian Lands, lying between the agricultural area and the more natural Everglades, will play a major part in the plan to restore more natural water flows to the Everglades ecosystem, and will give the public a large area for hunting, fishing, and wildlife observation.

As a part of the Rotenberger/Seminole Indian Lands project, the portion of this property not conveyed to the South Florida Water Management District for construction of a canal for the Storm Water Treatment Area 5 (STA 5) will be managed by the Florida Game and Fresh Water Fish Commission.

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 13, Pages 1-15)

COUNTY: St. Lucie

LOCATION: Sections 04 and 05, Township 36 South, Range 41 East

STAFF REMARKS: The Hutchinson Island/Blind Creek CARL project is ranked number 6 on the Bargain/Shared CARL List approved by the Board of Trustees on February 11, 1997, and is funded under the Division of State Lands’ Land Acquisition Workplan. The proposed agreement covers 352 acres of the project owned by multiple owners.

This project is somewhat unique in that it also involves a grant from the U. S. Fish and Wildlife Service (USF&W). The grant was applied for by St. Lucie County but has been awarded to and will be administered by the Department of Environmental Protection (DEP). As such, it is not necessary that USF&W be a party to this acquisition agreement. The grant requires that federal guidelines be followed in the acquisition process and that all lands acquired, in whole or in part with federal dollars, be held and managed consistent with the intent for which they are being purchased. Federal acquisition procedures require that the District offer the full appraised value and pay all closing costs, including documentary stamp taxes. If a decision were ever made to convert the use of these lands or to dispose of them, the requirements of the Code of Federal Regulations would need to be adhered to.

To facilitate the acquisition of this project, the District and St. Lucie County (County) have offered to take the lead in the acquisition of this joint project. DEP staff has prepared an agreement that would allow the District and the County to acquire the Hutchinson Island/Blind Creek CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S. The District is also aware of and has agreed to comply with all federal acquisition requirements. On June 15, 1995, the Board of Trustees approved the use of the District's procedures to allow the District to acquire lands to be held jointly by the Board of Trustees and the District.

If the Board of Trustees approves this item, District staff will present the agreement to the Governing Board of the District for execution at its next Governing Board meeting and the County staff will present the agreement at its next County Commission meeting. Upon receipt of the executed agreement from the District and the County, DEP staff will execute the agreement on behalf of the Board of Trustees.

Incorporated into the agreement are a number of assurances that the District is giving the Board of Trustees in return for its consideration of this agreement. The District has agreed to: (1) comply with the procedures set out in section 373.139, F.S.; (2) defend the Board of Trustees against all title and survey disputes or defects and environmental contamination associated with each acquisition negotiated by the District that were either known or should have been known by the District at the time the District acquired the parcel; and (3) reimburse the Board of Trustees’ 47.5 percent of any overpayment of the purchase price if an audit or investigation determines that the purchase price paid exceeded the actual appraised value.

Pursuant to the proposed agreement, the District staff will obtain and review appraisals, negotiate a purchase contract and secure the approval of its Governing Board. The District will provide DEP’s Division of State Lands with a board resolution requesting reimbursement of the Board of Trustees' 47.5 percent share of the purchase price. DEP staff will seek approval for the Board of Trustees' share of the purchase price for each parcel the District contracts to purchase. In addition, the agreement provides for the District to be reimbursed 47.5 percent of all costs associated with its attempt to acquire lands within the project, including all pre-acquisition and closing related costs, with the pre-acquisition costs and certain closing costs being reimbursed even if the District is unsuccessful in acquiring any property. The agreement authorizes DEP staff to reimburse these costs from CARL incidental expense funds previously released by the Board of Trustees. If the Board of Trustees approves a specific purchase, the District will proceed to closing with title to be vested jointly with the District holding an undivided 33 percent interest and the Board of Trustees holding an undivided 67 percent interest.

The Hutchinson Island/Blind Creek CARL project will be managed by the County as a park.

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 14, Pages 1-33)

COUNTY: Collier

APPLICANT: Department of Environmental Protection

STAFF REMARKS: When the state acquires land using federal grant dollars or uses state land as a match for the federal funds, the federal government requires that the land acquired or pledged as a match be used only for the purposes specified in the grant agreement. The federal requirements preclude the grant recipient from altering the use of those lands or from disposing of or encumbering them without the concurrence of the granting agency. The matching grant listed below from the United States Fish and Wildlife Services National Wetlands Conservation Grant Program requires Board of Trustees approval because it contemplates the use of state

land as a grant match resulting in certain restrictions on the future use of Board of Trustees’ property. Lands acquired under this program must be used for the long-term conservation of coastal wetlands including the lands and waters, hydrology, water quality and fish and wildlife dependent thereon. Department of Environmental Protection (DEP) staff has reviewed this grant and has determined that the objectives of the state’s environmental land acquisition and management programs will be served if approval is granted. The grant conditions are consistent with the program needs that were established when the lands were originally selected for acquisition and will not limit the manager’s ability to carry out their management responsibilities. The acceptance of the grant will encumber: (1) parcels acquired under this grant; and (2) up to $348,921 of state-owned lands on Cape Romano. The total amount of the Cape Romano grant is $1,395,682 (25 percent state - $348,921 and 75 percent federal - $1,046,761). The grant proposes pledging existing state-owned lands instead of dollars for the required match.

The Board of Trustees purchased approximately 400 acres on Cape Romano from the Trust for Public Land in 1975, for $408,000 under the Environmentally Endangered Land (EEL) program. In addition to this purchase, the Board of Trustees owns approximately 390 more acres on Cape Romano for a total of about 790 acres. It will not be known how much or which specific parcels of state land must be encumbered until all federal funds have been expended. The match will be calculated on the 75 percent federal - 25 percent state formula, but will not exceed $348,921 in land value. Any of the state-owned land within the Cape Romano complex may be pledged and can be designated at the conclusion of acquisition.

According to federal acquisition guidelines, all initial offers must be made to sellers at 100 percent of the approved value. The purchaser will also absorb all acquisition costs, which may include title commitment, survey, environmental site assessment and recording and documentary stamps, by either paying directly or reimbursement. Title to the land will vest in the state.

Project Match Restrictions

Cape Romano 75% Federal/25% State The acquired and pledged

Federal portion = cash parcels must remain in their

State portion = land natural condition and may

not be converted to any other

use.

This barrier island system is within the Rookery Bay Aquatic Preserve and is adjacent to the Ten Thousand Islands Aquatic Preserve. These lands will be managed by the Rookery Bay National Estuarine Research Reserve as the EEL lands are now managed.

A consideration of the status of the local government comprehensive plan was not made for this item. The DEP has determined that the approval of this item is not subject to the local government planning process.

(See Attachment 15, Page 1)

LOCATION: Statewide

STAFF REMARKS: In 1992, the legislature amended section 253.025(8)(i), F.S., to provide the Board of Trustees with the ability to delegate the authority to approve agreements to purchase land when the purchase price did not exceed $100,000. Subsequent to this statutory change, the Board of Trustees approved a delegation of authority on September 15, 1992, to purchase parcels in the Mega-Multiparcel category when the purchase price did not exceed $50,000. In 1994, the legislature gave the Board of Trustees expanded authority pursuant to section 259.041(3), F.S., to delegate the authority to approve land purchases that do not exceed $1,000,000. On March 28, 1996, the Board of Trustees delegated authority to purchase parcels in the Belle Meade CARL project (number 3 on the 1996 CARL Priority Project List), when the purchase price did not exceed $50,000, and waive the requirement for surveys. This request was an expansion of the authority previously granted by the Board of Trustees.

While this request for delegated authority is less than the $1 million permitted by law, it is anticipated that it will significantly reduce the number of agreements requiring Board of Trustees consideration. The Department of Environmental Protection (DEP) chose the $500,000 figure because of the relatively high number of purchases made at or below this dollar figure and the fact that only one appraisal is required for purchases at or below $500,000. From January 1, 1995 to August 12, 1997, the Division of State Lands (DSL) submitted 397 agreements to the Board of Trustees for approval, with 313 of these agreements (nearly 78 percent) involving parcels with a purchase price of $500,000 or less. It is estimated that approximately 71 percent of acquisitions during the current fiscal year will have a purchase price of less than $500,000.

This delegation will dramatically reduce the volume of paperwork and man-hours required to prepare and present these predominantly routine items to the Board of Trustees for consideration. More importantly, this delegation will benefit property owners by reducing the time required to close transactions. All purchases requiring two appraisals will continue to be submitted to the Board of Trustees as well as those purchases otherwise required to be submitted for approval under section 259.041(3), F.S. In addition, the DEP will continue to submit any purchase, regardless of price, that is considered controversial.

The Bureau of Survey and Mapping (BSM) recommends that the Secretary, or her designee, be authorized to waive the survey when BSM staff determines that the parcel to be acquired meets the following conditions:

• the parcel is surrounded by state-owned land or surrounded by land that the state intends to acquire;
• the parcel or the parent tract has been surveyed since 1900, and the survey drawing is acceptable for computing acreage;
• the parcel is in its natural unimproved condition;

• the boundary of the parcel does not adjoin fences or improvements other than those managed by the state; and
• concurrence of the managing agency.

Generally, where these conditions exist, the benefit of a survey is outweighed by the cost and time involved in obtaining a survey.

Section 259.041(1), F.S., allows the Board of Trustees to waive the requirement of marketability provided that the public’s interest is reasonably protected. There are many issues that can affect the quality of title, or marketability of title, such as outstanding oil, gas and mineral interests, tax deeds in the chain of title, missing heirs, subdivision restrictions and blanket easements. Occasionally, in preparation for closing, an issue concerning marketability of title arises that must be brought to the Board of Trustees for waiver of the requirement for marketable title. These issues have generally been presented to the Board of Trustees in the form of a negative response memorandum, so as to not create a delay in closing. This request for delegation of that authority to the Secretary, or her designee, is intended to provide the DEP with the flexibility to waive the requirement of marketable title on a case specific basis where (1) the contract purchase price does not exceed $500,000; (2) the DEP has evaluated the issue and determined that, notwithstanding the issue, the land and appurtenances have value; (3) the interest in title being acquired is such that the property can be reasonably managed for its intended purpose and any existing encumbrances will not significantly affect its management; and (4) the interests of the Board of Trustees and the public are reasonably protected. The DEP staff is requesting this delegation to waive the requirement of marketability with the goal of expediting the acquisition and closing process, and reducing the volume of paperwork and staff time involved in presenting routine issues to the Board of Trustees for consideration. It is not the intent of this delegation to set policy with respect to marketability of title for future state acquisitions or to limit the authority of the DSL, acting as the agent for the Board of Trustees, to reduce the purchase price of parcels with title defects, provided that such a reduction is contemplated in the acquisition agreement. On October 24, 1995, the Board of Trustees approved a request to waive the requirement for marketability of title when the purchase price was $50,000 or less provided the public’s interest was reasonably protected.

(See Attachment 16, Pages 1-6)