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Cabinet
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AGENDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND FEBRUARY 10, 1998
Item 1 Minutes Submittal of the minutes of the December 16, 1997 Cabinet meeting. RECOMMEND ACCEPTANCE
Item 2 Florida Keys National Marine Sanctuary Rule Amendment
REQUEST: Approval of a federal rule amendment to make permanent the temporary prohibition on anchoring by large vessels on the Tortugas Bank within the Florida Keys National Marine Sanctuary (FKNMS) within state waters.
COUNTY: Monroe
APPLICANTS: United States Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) and the Florida Department of Environmental Protection (FDEP).
LOCATION: Tortugas Bank in state waters of the FKNMS as described in Public Law 101-605 and the rule amendment.
STAFF REMARKS: On January 28, 1997, the Board of Trustees adopted a resolution to include state sovereign submerged lands within the boundary of the FKNMS. The intention of the Board of Trustees was to create a partnership with the NOAA for management under the provisions of the FKNMS Management Plan and the Memoranda of Agreement included in the management plan, with certain conditions to be applied to the portions of the sanctuary within Florida Territorial Waters. The federal regulations for the sanctuary took effect on July 1, 1997.
Condition (9) of the resolution of the Board of Trustees, which was subsequently included in 15 CFR 922.163(h) of the sanctuary regulations, requires that any permanent changes to the regulations shall not take effect in state waters until approved by the Board of Trustees. In addition, paragraph IV E of the FKNMS Co-Trustees Agreement for Cooperative Management reiterates the requirement. Emergency regulations are handled in a different manner. Condition (3) of the resolution, codified as 15 CFR 922.165 and paragraph F of the Co-Trustees Agreement provide that emergency regulations may take effect in state waters upon approval by the Governor.
In October of 1997, following on-site evaluation by sanctuary staff, NOAA and the FDEP recommended that an area off the Tortugas Bank consisting of approximately 39.53 square nautical miles be closed to anchoring by vessels more than 50 meters in length. Sanctuary staff documented that heavy anchors and chains of the large vessels were causing severe damage to the coral reef resources. On October 9, 1997, the Office of the Governor notified staff of Cabinet Officers that pursuant to the resolution and federal rules, NOAA had notified the Governor of its intention to close the area by emergency rule. On October 13, 1997, the Governor notified NOAA of his concurrence in the recommended action to seek a 60-day emergency rule with one 60-day extension to allow the time necessary for state and federal consideration of a permanent rule.
The emergency rule and the Federal Register Notice for the draft permanent rule are attached. The language of the permanent rule is the same as the emergency rule. The notice includes an environmental assessment developed pursuant to the National Environmental Policy Act. The rule only prohibits anchoring by vessels of 50 meters or greater in registered length. Transit, fishing and all other activities currently allowed in the area would not be affected by this
Board of Trustees
Agenda - February 10, 1998 Page Two
Item 2, cont.
proposed rule. Alternative anchor sites for vessels 50 meters or greater in length are located within approximately two nautical miles of the prohibited area. The close proximity of these alternative anchoring sites should mitigate any potential economic impact on the vessels.
The emergency rule appeared in the Federal Register on October 20, 1997, and will expire on February 12, 1998.
The Federal Register Notice for the draft permanent rule will run for thirty days from the day it first appears which is anticipated to be prior to February 10, 1998. Following that period there will be a short time period to incorporate any changes before the final rule is published. It is hoped that the final regulation will be effective on the date of publication by waiver of the 30-day delayed effective date requirement.
There will be hiatus between the expiration of the emergency rule and the effective date of the permanent rule when no prohibition will be in effect. However, because of the many efforts to inform affected parties of the emergency rule and the reason for it, additional damage to the reef in this area is not anticipated. Major international shipping companies were notified of the emergency closure and a Notice to Mariners was published by the U.S. Coast Guard. Press releases were issued and underwriters for the shipping companies were asked to assist in notifying their clients. Gulf pilots’ associations were also notified and their assistance was requested. In addition, the shipping companies responded to the emergency closure quickly. Regular area surveillance by NOAA, the U.S. Coast Guard and the National Park Service has indicated no incidences of large vessel anchoring in the prohibited area since the emergency rule went into effect. The cooperation is expected to continue even in the absence of an enforceable provision during the hiatus.
(See Attachment 2, Pages 1-18)
RECOMMEND APPROVAL
Item 3 IMC/Agrico Mining/Restoration Lease/Lake Hancock
DEFERRED FROM JANUARY 21, 1998 AGENDA
REQUEST: Issuance of a five-year sovereignty, submerged land mining/restoration lease.
COUNTY: Polk
Lease No. 540218264
APPLICANT: IMC/Agrico - Department of Environmental Protection (DEP)
LOCATION: Lake Hancock, a meandered lake encompassing parts or all of Sections 31 and 32, Township 28 South, Range 25 East; Sections 12 and 13, Township 29 South, Range 24 East and Sections 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20 and 21, Township 29 South, Range 25 East and the sovereignty submerged lands of Saddle Creek from Lake Hancock to the confluence with Peace Creek within Sections 19, 29, 30, 32 and 33, Township 29 South, Range 25 East.
CONSIDERATION: Reclamation of the Lake Hancock by removal or immobilization of the polluted sediments which currently average 2.5 feet deep over the 4553-acre lake.
Board of Trustees
Agenda - February 10, 1998 Page Three
Item 3, cont.
STAFF REMARKS: Chapter 86-307, Laws of Florida, recognized the advanced state of eutrophication and generally undesirable condition of Lake Hancock, Polk County, the existence of state-owned mineral resources beneath a portion of the lake, and directed the evaluation of the potential to extract those resources and use the proceeds to accomplish improvement of the water quality in the lake. The results of this evaluation were published in December 1987, and identified approximately six million tons of phosphate ore; developed/costed out various mining alternatives; developed/costed out various reclamation alternatives, including sediment removal and drawdown without mining and concluded that, at the then prevailing price of phosphate rock, the mining/reclamation of the lake was not economically feasible. It also identified the cost of restoration without mining and with the circumstances which existed at that time as $19 million. Projection of these costs and conditions to 1998 suggests that it would cost approximately $30 million to restore the lake without mining.
It should be noted that subsequent to the above study, significant improvements to the quality of the surface water flowing into Lake Hancock have been accomplished. The major domestic wastewater effluent sources, the primary cause of the condition of Lake Hancock, have been removed from the lake. Only one domestic wastewater treatment plant remains permitted to discharge into the lake on an intermittent basis, and it is scheduled to cease such discharges during the next five years. Banana Lake, one of the direct contributors of poor quality water to Lake Hancock, has been restored to a much better water quality. The other tributaries flowing into the lake, Lake Lena Run and Saddle Creek, are receiving ever increasing scrutiny to further reduce nonpoint source loadings (stormwater runoff) into the lake.
In the spring of 1997, the DEP requested that IMC/Agrico, a phosphate mining company which operates the processing plant nearest Lake Hancock (this plant, Noralyn/Clear Springs, was the one used in the 1986/87 study to develop the costs model) reevaluate the 1987 report in light of current economic conditions. IMC/Agrico responded by letter on June 23, 1997, stating "Our preliminary analysis of the report and our evaluation of the feasibility of mining the lake indicate that the project would have marginal economics and would be technically challenging; but that it could be done." The letter pointed out that the Noralyn/Clear Springs processing facility was scheduled to be closed down in late 1998 (this date was subsequently revised to mid-1999) because of exhaustion of the reserves served by the facility. They went on to state that while IMC/Agrico was willing to assume the commercial risks inherent to the project, satisfactory resolution of a number of important issues, which they enumerated, would be a precondition for the company to commit to the project. The issues fell into two categories with six issues in the realm of regulatory and four in the areas of policy and constraints. The DEP proposes to lead an Ecosystem Management/Team Permitting effort, pursuant to Sections 26 and 27 of Chapter 97-164 Laws of Florida, to address the six regulatory issues. Two of the four remaining issues have been determined to be resolvable and the other two are addressed in this agenda item.
The Polk County Board of County Commissioners voted unanimously on September 30, 1997, to "...join with FDEP and the phosphate industry to evaluate the feasibility of restoration of Lake Hancock as an adjunct to the mining of the lake" and authorized the staff of their Department of Natural Resources and Drainage to assist in the effort.
Old Florida Plantation, the land owner whose property lies between IMC/Agrico’s ownership and Lake Hancock, has been cooperative and representatives of the interested parties are currently examining the routes of access for the draglines and mining infrastructure which will be mutually acceptable.
IMC/Agrico stated that the project would be marginally feasible only if the royalties on the sovereign minerals were waived. The 1987 report supports this statement. It is estimated that the
Board of Trustees
Agenda - February 10, 1998 Page Four
Item 3, cont.
royalties would amount to something between $5.4 to 7.6 million. This amount may be considered as payment for removing or immobilizing the sediment from the unmined portion of the lake. The cost of removal or immobilizing the sediment without mining is projected from the 1987 estimates to be $30 million; approximately 47 percent (2,136 acres) of the lake is anticipated to be mined and reclaimed, leaving 53 percent (2,417 acres) to experience sediment removal or immobilization at a prorated cost of $15.9 million. This cost of $6,587 per acre to restore Lake Hancock is approximately the amount spent per acre ($7,800) to restore Banana Lake.
Development of sinkholes is a not uncommon occurrence in this part of Polk County. It has been reported that one has occurred in the southwestern portion of Lake Hancock. IMC/Agrico is unwilling to accept unlimited liability for sinkholes which might occur during a mining/reclamation project. The DEP cannot assume any liabilities which might accrue to any contractor mining/restoring the lake (see Attachment 3, Pages 4-5). Staff would suggest a lease provision directing the company to fill any sinkholes which might occur in the same manner currently used in the area.
Staff would also suggest a lease condition prohibiting mining activities in a zone 50 feet waterward of the shoreline with the lake level at 98.5 feet MSL or 50 feet waterward of the shoreline vegetation, which ever is most waterward, except for access and dike tieouts.
The lease would become effective on receipt of the required permits.
The lease would provide that the portion of the lake not being actively mined be available for the traditional uses including commercial fishing.
There is a small but active commercial fishery targeting exotic Tilapia spp. that objects to the proposal to alter the existing water quality of the lake. They note that decreasing the nutrients will adversely impact the species which are their target. Tilapia spp. are common in water bodies in this part of the state.
(See Attachment 3, Pages 1-36)
RECOMMEND APPROVAL WITH CONDITIONS AS STATED
Item 4 Hennlich Quitclaim Deed
DEFERRED FROM JANUARY 21, 1998 AGENDA
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
Board of Trustees
Agenda - February 10, 1998 Page Five
Item 4, cont.
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.
In this exchange, the applicants will convey all of their interest, which is a part interest only, in Government Lot 1, for the Board of Trustees’ interest in the .71-acre parcel encompassed in the legal description of the deed that the applicants received from the Grantor.
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 4, Pages 1-8)
RECOMMEND APPROVAL
Item 5 City of Punta Gorda Conveyance
REQUEST: Conceptual approval of a request to convey 32,478 square feet of land to the City of Punta Gorda
COUNTY: Charlotte
Dedication No. 21856
APPLICANT: City of Punta Gorda
LOCATION: Section 06, Township 41 South, Range 23 East, in Punta Gorda Harbor within the local jurisdiction of the City of Punta Gorda
CONSIDERATION: To be negotiated
STAFF REMARKS: On May 11, 1993, the Board of Trustees conceptually approved the conveyance of a 32,478 square-foot parcel of filled, formally submerged, sovereignty land covered by Dedication No. 21856 to the City of Punta Gorda (City). In 1958, the Board of Trustees dedicated approximately 82,700 square feet of sovereign, submerged land to the City on the condition that if the City failed to use the land for road purposes the Board of Trustees could, at its option, terminate the dedication and recover the property. Part of the property was filled and used as a municipal mobile home park but none of it was ever used for a road. The 1993 Board of Trustees’ action was in response to the City’s request that the reversionary language be lifted on the filled land so that it could be incorporated into a planned community redevelopment project. The City proposed to sell the land to a private company for residential
Board of Trustees
Agenda - February 10, 1998 Page Six
Item 5, cont.
and hotel development and pay the Board of Trustees $138,000, the appraised value at the time. The Board of Trustees’ action contemplated that the City would quitclaim the entire area covered by the original dedication back to the Board of Trustees and that the Board of Trustees would then convey that area to be deeded to the private company to the City’s Community Redevelopment Agency for subsequent conveyance to the private company. Since that time, the project has been redesigned. The City now proposes to use part of the filled property (13,499 square feet) for a public boardwalk along the waterfront, requiring that portion to be reconveyed to the City with appropriate restrictions. The remainder (18,979 square feet) will be sold to the City for subsequent conveyance to the developer as part of the larger development parcel.
Since the property to be conveyed to the private company has been reduced in size and will no longer contribute waterfront footage to the development parcel, the City has had it reappraised. The City appraisal states that the value of the subject tract is $5.00 per square foot or $94,895, before adjustments. The appraiser then reduces that figure by $5,000 (the estimated cost of assemblage to the adjacent City-owned parcel) to arrive at an adjusted value of $89,895. The appraiser goes on to state that the subject tract does not offer any additional significant development potential to the larger parcel because the larger tract already has excellent configuration and could be developed independent of the subject tract. The appraiser estimates that, because of this diminished contributory factor and associated lack of buyer motivation, a further reduction of 75 percent would be appropriate bringing the value estimate to $22,500. The Division of State Lands agrees with the City’s appraisal with the exception of the 75 percent discount.
The 1993 approval also contemplated that the consideration due to the Board of Trustees would be adjusted upward if the City sold the parcel to the developer for more than $1,200,000, the value estimated in a development agreement between the City and the developer at the time. The City now wishes to negotiate a new amount as consideration for the conveyance of the development parcel due to changes in the development plan, the development agreement and property values. Staff believes that, since no agreement was finalized under the terms of the original approval, a new conceptual approval is needed to proceed with negotiations.
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 5, Pages 1-13)
RECOMMEND APPROVAL
Item 6 Amendment to Declaration of Covenants and Restrictions for Progress Center Unit 1/BOR/Echelon International Corporation
REQUEST: Consideration of a request for the Board of Trustees, as a parcel owner, to approve a Second Amendment to the Declaration of Covenants and Restrictions for Progress Center Unit 1, a privately developed research and development park.
COUNTY: Alachua
APPLICANTS: Echelon International Corporation and Florida Board of Regents
Board of Trustees
Agenda - February 10, 1998 Page Seven
Item 6, cont.
LOCATION: Sections 14, 23, and 24, Township 08 South, Range 18 East
STAFF REMARKS: In 1991, the Board of Trustees acquired 4.45 acres of land in a research and development park in the City of Alachua for a livestock testing facility. As a property owner in the park, the Board of Trustees is subject to covenants and restrictions which were formulated by the developer and which restrict use of park land to research, design, testing, analysis, prototype development, pilot scale production and limited product assembly. Current uses of the state-owned land include a barn/lab large animal facility and a lab housing small biotechnology related businesses. Privately-owned lands are being used for multi-tenant rentals for labs and offices. It should be noted that this is not a research and development park established pursuant to chapter 159, Part V, F.S.
Echelon International Corporation, as successor to the original developer, is requesting that landowners within the park approve and execute an amendment to the covenants and restrictions that would permit broader uses of the property. The center has not developed to the extent anticipated by the developer or by the university. The amendment will expand allowable uses of the property to include purposes permitted by "all laws, ordinances, rules or regulations of any governmental entity," such as light industry and professional offices, while maintaining the integrity of the center. The university is endorsing the proposed amendment, as it will not adversely affect the state’s property and has the potential of increasing research activity in the park.
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 the City of Alachua.
(See Attachment 6, Pages 1-25)
RECOMMEND APPROVAL
Item 7 1998 CARL Annual Priority List
REQUEST: Consideration of the 1998 Conservation and Recreation Lands (CARL) Annual Priority List.
COUNTY / LOCATION: Statewide
APPLICANT: Division of State Lands on behalf of the Land Acquisition and Management Advisory Council
STAFF REMARKS: Pursuant to section 259.035(2)(a), F.S., the Land Acquisition and Management Advisory Council (LAMAC) compiled the 1998 Conservation and Recreation Lands (CARL) Priority List of acquisition projects on December 5, 1997. The 1998 CARL Priority List consists of 95 projects ranked by the LAMAC in five groups: 36 Priority Projects; 34 Bargain/Shared Projects; 8 Substantially Complete Projects; 7 Mega-Multiparcels Projects; and, 10 Less-Than-Fee Projects.
Eight projects included on the 1997 CARL Priority List are not included on the 1998 CARL Priority List: Maritime Hammocks (Brevard County) was removed because the remaining
Board of Trustees
Agenda - February 10, 1998 Page Eight
Item 7, cont.
owners were unwilling sellers; Waccasassa Flats (Gilchrist County) was removed because the primary resources have been substantially compromised; Big Bend Coast Tract (Taylor and Dixie Counties) was removed because it is on the Additions and Inholdings List of the Florida Game and Fresh Water Fish Commission; Withlacoochee State Forest Additions (Sumter County), Levy County Forest/Sandhills (Levy County) and Lake George (Putnam and Volusia Counties), were removed because they are on the Additions and Inholdings List of the Department of Agriculture and Consumer Services, Division of Forestry; Devil’s Hammock (Levy County) was removed because it is on the Suwannee River Water Management District’s Save Our Rivers List; and Paynes Prairie (Alachua County) was removed because it is on the Additions and Inholdings List of the Division of Recreation and Parks. Another project, the St. Joe Bay Buffers (Gulf County) in the Less-Than-Fee Group, was added back to the "parent" St. Joe Bay Buffers Project in the Priority Group, and three projects on the 1997 CARL Priority List were transferred from one group of projects to another: Rookery Bay (Collier County) and Sebastian Creek (Indian River and Brevard Counties) were transferred from the Priority Group and the Bargain-Shared Group, respectively, to the Substantially Complete Group; and, Newnan’s Lake (Alachua County) was transferred from the Priority Group to the Bargain/Shared Group.
Six new projects were added to the 1998 CARL Priority List: Freedom Tower (Dade County), Bombing Range Ridge (Polk County) and Caloosahatchee Ecoscape (Hendry/Glades Counties) were added to the Priority Group of projects; Indian River Lagoon Blueway (Brevard, Indian River, Volusia, St. Lucie and Martin counties) and Cypress Creek (St. Lucie County) were added to the Bargain/Shared Group; and Mallory Swamp (Lafayette County) was added to the Less-Than-Fee Group.
The LAMAC also modified the project design boundaries (by adding or deleting acreage) of six other projects on the 1997 CARL Priority List: Lake Wales Ridge Ecosystem (Priority and Mega-Multiparcels groups), North Key Largo Hammocks, Wekiva-Ocala Greenway, Pumpkin Hill Creek and Florida Springs Coastal Greenway.
To comply with the requirements of section 259.035(2) and Paragraph 259.032(9)(b), F.S., for an updated acquisition list and project specific resource assessments, acquisition plans and management prospecti for each project on the list, the following information is provided: (1) the 1998 CARL Priority List developed by the LAMAC is attached; (2) the 1997 CARL Annual Report previously submitted to the Board of Trustees of the Internal Improvement Trust Fund includes summary information for 89 of the projects on the 1998 CARL Priority List; and (3) the project assessments and projects designs submitted with this agenda include required information for the six new projects added to the 1998 CARL Priority List. A bound, updated version of the 1998 CARL Annual Report will be provided to the Governor and Cabinet and other interested parties upon completion. In addition, copies of the Florida Preservation 2000 Program Remaining Needs and Priorities Addendum Report, which was approved by the LAMAC and submitted to the Legislature on December 19, 1997, have been provided to the Board of Trustees of the Internal Improvement Trust Fund. The report recommends that (1) the CARL Program focus acquisition efforts during the remaining years of the Florida Preservation 2000 Program on essential parcels within higher ranked projects (i.e., "funded" projects identified in the attachment and in Table 8 of the Addendum Report) on the 1998 CARL Priority List; (2) no new projects or parcels be added to the funded list of projects unless the additions are accompanied by the removal of funded projects or parcels with an approximately equivalent estimated cost; and (3) staff further evaluate 36 CARL projects to determine the potential for less-than-fee-simple acquisition of some ownerships.
Board of Trustees
Agenda - February 10, 1998 Page Nine
Item 7, cont.
The 1998 CARL Annual Priority List is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.
Pursuant to section 259.04(1)(c), F.S., within 45 days after the LAMAC submits the CARL Priority List to the Board of Trustees, the Board of Trustees shall approve, in whole or in part, the list of acquisition projects in the order of priority in which such projects are presented. If approved, the Division of State Lands, in cooperation with staff of the LAMAC, will develop a workplan to acquire projects in priority order.
(See Attachment 7, Page 1)
RECOMMEND APPROVAL
Item 8 The Nature Conservancy, Inc. Purchase Agreement/Waivers of Marketability and Survey/Lake Wales Ridge Ecosystem (Carter Creek) CARL Project
REQUEST: Consideration of (1) a purchase agreement to acquire approximately 888.62 acres within the Lake Wales Ridge Ecosystem (Carter Creek) CARL project from The Nature Conservancy, Inc.; (2) a request to waive the marketability of title requirement of section 259.041(6), F.S. for the purchase of three lots with a tax deed in the title history; and (3) a request for survey waivers for a portion of the property.
COUNTY: Highlands
LOCATION: Sections 33 and 34, Township 33 South, Range 29 East; and Sections 03, 04, 09, 10, 11, 14 and 15, Township 34 South, Range 29 East
CONSIDERATION: Up to $1,753,972 ($1,715,000 for the acquisition; up to $38,972 for TNC’s overhead and holding costs)
APPRAISED BY
REVIEW Sutte Miller APPROVED PURCHASE CLOSING
NO. PARCEL ACRES (02/25/97) (02/25/97) VALUE PRICE DATE
802007 E-1 372.70* $ 785,000 $ 935,000 $ 881,970* 03/02/98
E-2 132.90 $ 80,000 $ 102,000 $ 102,000
F 185.50 $ 250,000 $ 494,000 $ 494,000
G-1,H 135.69 $ 81,500 $ 97,000 $ 97,000
G-2 39.60 $ 38,000 $ 64,000 $ 64,000
I 22.23* $ 47,000 $ 60,000 $ 77,500*
888.62 $1,716,470 $1,715,000
*revised January 8, 1998
STAFF REMARKS: The Lake Wales Ridge Ecosystem CARL project is number 1 on the CARL Priority List approved by the Board of Trustees on February 11, 1997, and is eligible for negotiation under the Division of State Lands’ Land Acquisition Workplan. This project contains 40,739 acres, of which 1,250 acres have been acquired by Southwest Florida Water Management District and 12,424.15 acres have been acquired or are under agreement to be acquired by the Board of Trustees. After the Board of Trustees approves this agreement, 26,176.23 acres or 64 percent of the project will remain to be acquired.
To date, the Board of Trustees and TNC have together acquired more than 800 acres in the Carter Creek site. This site, containing more than 4,000 acres and 22 of the 26 listed species found in
Board of Trustees
Agenda - February 10, 1998 Page Ten
Item 8, cont.
the Lake Wales Ridge Ecosystem project, is the flagship site in both the CARL project and the Lake Wales Ridge National Wildlife Refuge. Worldwide Investment Group is the largest landowner at the site, with its ownership interspersed throughout the highest quality natural areas of the site.
Pursuant to a multi-party acquisition agreement (MPAA) entered into between the Division of State Lands (DSL) and The Nature Conservancy, Inc. (TNC), TNC has acquired an option to purchase multiple parcels containing 888.62 acres within the Lake Wales Ridge Ecosystem CARL project from Worldwide Investment Group, Inc., for $1,715,000. If this item is approved, the Board of Trustees will purchase the property from TNC for $1,715,000, which represents TNC’s purchase price for the property, plus that portion of its overhead and holding costs that would not exceed the DSL approved value, currently limited to $1,470. The MPAA provides that payment for TNC’s purchase price for the property plus overhead and holding costs cannot exceed the DSL approved value. In the event DSL approved value increases as a result of the final survey, TNC will be eligible to receive additional overhead and holding costs up to the maximum provided for in the MPAA, estimated not to exceed a total of $38,972. The purchase of the property by the Board of Trustees is contingent on TNC successfully acquiring the property from the owner.
The Worldwide Investment ownership is actually larger than the 888.62 acres being acquired by the Board of Trustees. The U. S. Fish and Wildlife Service is purchasing an additional 629 acres from TNC on the southern end of the project and TNC is retaining 16 acres acquired with a grant it received.
All mortgages and liens will be satisfied at the time of closing. Preliminary title work received indicates that the property contains three lots with tax deeds less than four years old in the chain of title. The title policy to be issued will contain exceptions for the rights of prior owners, mortgage holders and lien holders as to these three lots, based upon the existence of a tax deed in the chain of title for each lot. Title insurance companies are generally unwilling to insure the title with regard to the tax sale on the basis that they are unable to ascertain whether each and every technical requirement of the law has been met. While title marketability is a requirement under section 259.041, F.S., that section allows the Board of Trustees to waive that requirement provided that the public’s interest is reasonably protected. While there is some risk associated with the acquisition of any property with less than perfect title, over the last fifteen years DSL has acquired several thousand properties at tax deed sales or with tax deeds in the chain of title and the Board of Trustees has not lost any property acquired with a tax deed in the chain of title. Three of the lots involved with this transaction were acquired via tax deed by a predecessor in title on or before April 12, 1995, and the likelihood of a challenge at this point is remote. The total value of the three lots is $12,000; therefore, staff recommends that pursuant to section 259.041, F.S., the Board of Trustees approve the waiver of marketability because the risk associated with proceeding is minimal and thus the public’s interest is reasonably protected. 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 will be obtained by the DSL prior to closing for the roads which lie outside of the rights-of-way shown on the unrecorded plat, areas that have boundaries in common with the CARL project boundary, and the rights-of-way of Arbuckle Creek and Riverdale roads. A waiver of the requirement for survey for a portion of the property is being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, a portion of the property to be acquired meets all of the following conditions:
Board of Trustees
Agenda - February 10, 1998 Page Eleven
Item 8, cont.
While a portion of the property is being recommended for a waiver of survey at this time, should the title commitment or field inspections reveal a substantive surveying or surveying related issue which impacts any portion of the property, certified surveys will be provided by the purchaser prior to closing.
A title insurance policy and an environmental site assessment will be provided by TNC prior to closing. DSL will reimburse TNC for approved expenses associated with the title insurance policy and environmental site assessment contingent on the purchase of at least a portion of the property by the Board of Trustees.
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.
This property will be managed by the Game and Fresh Water Fish Commission under a single-use concept as a unit of the Lake Wales Ridge Ecosystem.
This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Land section of the State Comprehensive Plan.
(See Attachment 8, Pages 1-69)
RECOMMEND APPROVAL
Item 9 Elsman Purchase Agreement/Survey Waiver/Belle Meade CARL Project
REQUEST: Consideration of (1) a purchase agreement to acquire 85.12 acres within the Belle Meade CARL project from James and Janice Elsman; and (2) a request for survey waiver.
COUNTY: Collier
LOCATION: Section 23, Township 51 South, Range 27 East
CONSIDERATION: $145,500
Board of Trustees
Agenda - February 10, 1998 Page Twelve
Item 9, cont.
APPRAISED BY
REVIEW Dane APPROVED PURCHASE CLOSING
NO. PARCEL ACRES (11/28/95) VALUE PRICE DATE
802006 Elsman/44B 85.12 $153,216 $153,216 $145,500 6 months after
BOT approval
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 11, 1997, and is eligible for purchase under the Division of State Lands’ Land Acquisition Workplan. This project contains 19,227 acres, of which 13,071.65 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement and other agreements in the Belle Meade project presented today, 6,070.23 acres or 32 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 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:
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 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.
A title insurance policy, an environmental site evaluation and, if necessary, an environmental site assessment, 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.
This property will be managed by the Department of Agriculture and Consumer Services, Division of Forestry as part of the Picayune Strand State Forest.
Board of Trustees
Agenda - February 10, 1998 Page Thirteen
Item 9, cont.
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 1-12)
RECOMMEND APPROVAL
Item 10 Fausto’s Food Palace, Inc. Option Agreement/Coupon Bight/Key Deer CARL Project
REQUEST: Consideration of an option agreement to acquire approximately two acres within the Coupon Bight/Key Deer CARL project from Fausto’s Food Palace, Inc.
COUNTY: Monroe
LOCATION: Section 26, Township 66 South, Range 29 East
CONSIDERATION: $245,000
APPRAISED BY
REVIEW Marr APPROVED PURCHASE OPTION
NO. OWNER ACRES (10/30/97) VALUE PRICE DATE
802005 Fausto’s Food 2.0 $260,000 $260,000 $245,000 180 days after
Palace/9062 BOT approval
STAFF REMARKS: The Coupon Bight/Key Deer CARL project is ranked number 2 on the CARL Mega-Multiparcels Project List approved by the Board of Trustees on February 11, 1997, and is eligible for negotiation under the Division of State Lands’ Land Acquisition Workplan. This project contains 1,827 acres, of which 450 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 1,375 acres or 75 percent of the project will remain to be acquired.
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 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 and Big Pine Key, Florida.
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 a title insurance policy will be provided and an environmental site assessment may be provided by the purchaser prior to closing. 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. The seller will reimburse the purchaser’s title insurance costs.
The subtropical pine forests of rapidly developing Big Pine Key and the islands around it are the home of the endangered Key deer as well as of many Caribbean plants found nowhere else
Board of Trustees
Agenda - February 10, 1998 Page Fourteen
Item 10, cont.
in the country. Rich coral reefs and other hardbottom communities flourish in the shallow water around the islands. The Coupon Bight/Key Deer CARL project will protect the remaining undeveloped land on Big Pine and No Name Keys, without which, the Key deer will not survive; protect the water quality of the Coupon Bight Aquatic Preserve and the other waters surrounding the islands; and provide the public an area to appreciate the unique natural world of this part of Florida.
This property will be managed by the U.S. Fish and Wildlife Service as a part of the National Key Deer 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 10, Pages 1-21)
RECOMMEND APPROVAL
Item 11 Alachua Conservation Trust, Inc./Emerson/Clance/Royal/Stephens/Touchton Assignment of Option Agreement/Paynes Prairie Project
REQUEST: Consideration of the acceptance of an assignment of an option agreement to acquire 2.10 acres within the Paynes Prairie Division of Recreation and Parks’ Additions and Inholdings project from Alachua Conservation Trust, Inc.
COUNTY: Alachua
LOCATION: Lot 38 of a "plat of the Harrison Estate", as recorded in Chancery Order Book "C"
CONSIDERATION: $12,896 ($12,400 for the acquisition; $496 for the purchase of the option agreement)
APPRAISED BY
REVIEW Candler APPROVED PURCHASE OPTION
NO. PARCEL ACRES (06/07/96) VALUE PRICE DATE
802001 Emerson, 2.10 $15,500* $15,500 $12,896 180 days after
et al/49 BOT approval
* Value based on legal access obtained by an easement dated August 27, 1996
STAFF REMARKS: The Paynes Prairie CARL project has been identified on the Division of 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 under the State Parks Additions and Inholdings Preservation 2000 program.
Pursuant to a multi-party acquisition agreement entered into between the Division of State Lands (DSL) and Alachua Conservation Trust, Inc., (ACT), ACT has acquired an option to purchase this 2.10-acre parcel from James C. Emerson, D. Clayton Emerson, Jean Clance, Carole Royal, Kaye Stephens, and Elizabeth Touchton. After this acquisition is approved, the Board of Trustees will acquire the option from ACT for $496, which represents agreed upon compensation to ACT for overhead associated with acquiring the option. The Board of Trustees may then exercise the option and purchase the property. The assignment of option
Board of Trustees
Agenda - February 10, 1998 Page Fifteen
Item 11, cont.
agreement provides that payment to ACT is contingent upon the Board of Trustees successfully acquiring the property from the owners. The assignment of option agreement further provides that in no event will the purchase price for the option and the purchase price of the property exceed the DSL approved value of the property.
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, environmental site assessment, and a title insurance policy will be provided by purchaser prior to closing. The seller shall reimburse the purchaser’s title insurance cost.
The marshlands of Paynes Prairie, surrounded by higher live-oak hammocks and pine woods, have been known as a beautiful natural area since William Bartram described "the great Alachua savanna" over 200 years ago. The Paynes Prairie project, by adding wetlands, creeks, and uplands to the Paynes Prairie State Preserve (a National Natural Landmark), will protect the amount and quality of water that feeds the prairie, conserve habitat for several rare animals, including sandhill cranes and bald eagles, and allow the public to see and enjoy this land much as Bartram did long ago.
The property will be managed by the Division of Recreation and Parks as a part of the Paynes Prairie 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 11, Pages 1-26)
RECOMMEND APPROVAL
Item 12 Lagoon Investment Company Option Agreement/Survey Waiver/Shell Island Project
REQUEST: Consideration of (1) an option agreement to acquire 0.22 acre within the Shell Island Division of Recreation and Parks’ Additions and Inholdings project from Lagoon Investment Company; and (2) a request for survey waiver.
COUNTY: Bay
LOCATION: Section 31, Township 04 South, Range 14 West
CONSIDERATION: $ 21,500
APPRAISED BY
REVIEW Presley APPROVED PURCHASE OPTION
NO. PARCEL ACRES (05/31/96) VALUE PRICE DATE
802003 Lagoon 0.22 $21,500 $21,500 $21,500 180 days
Investment/(LLL) after BOT
approval
Board of Trustees
Agenda - February 10, 1998 Page Sixteen
Item 12, cont.
STAFF REMARKS: The Shell Island project has been identified on the Division of 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 under the State Parks Additions and Inholdings Preservation 2000 program.
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 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:
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 the event a 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 this property.
A title insurance policy, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by purchaser prior to closing.
This property will be managed by the Division of Recreation and Parks as an addition to the St. Andrews State Recreational Area.
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 1-23)
RECOMMEND APPROVAL
Item 13 FG&FWFC/Hershel Routman Option Agreement/Chassahowitzka Wildlife Management Area
REQUEST: Consideration of an option agreement to acquire 199.80 acres within the Chassahowitzka Wildlife Management Area by the Florida Game and Fresh Water Fish Commission under the Preservation 2000 program from Hershel Routman, Trustee.
Board of Trustees
Agenda - February 10, 1998 Page Seventeen
Item 13, cont.
COUNTY: Hernando
APPLICANT: Florida Game and Fresh Water Fish Commission
LOCATION: Section 27, Township 22 South, Range 17 East
CONSIDERATION: $815,880
APPRAISED BY
REVIEW Porter Brown APPROVED PURCHASE OPTION
NO. PARCEL ACRES (10/03/96) (10/21/96) VALUE PRICE DATE
802002 Routman/18 199.80 $950,000 $905,000 $950,000 $815,880 200 days after BOT approval
STAFF REMARKS: This acquisition was negotiated by the Florida Game and Fresh Water Fish Commission (GFC) under the P2000 program. This property is within the Chassahowitzka Wildlife Management Area which is ranked number 14 on the current GFC Acquisition List.
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 GFC prior to closing.
The acquisition of this parcel removes another private inholding which enhances the management of the Chassahowitzka Wildlife Management Area.
This parcel will be managed by the GFC as an addition to the Chassahowitzka Wildlife Management Area.
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 1-28)
RECOMMEND APPROVAL
Item 14 Philip Berkovitz Purchase Agreement/Survey Waiver/Department of Agriculture and Consumer Services, Division of Forestry/Lake George State Forest
REQUEST: Consideration of (1) a purchase agreement to acquire 1,153 acres by the Department of Agriculture and Consumer Services, Division of Forestry from the Estate of Philip Berkovitz; and (2) a request for survey waiver.
COUNTY: Volusia
APPLICANT: Department of Agriculture and Consumer Services, Division of Forestry
Board of Trustees
Agenda - February 10, 1998 Page Eighteen
Item 14, cont.
LOCATION: Sections 33 and 34, Township 15 South, Range 29 East; and Sections 03 and 04, Township 16 South, Range 29 East
CONSIDERATION: $860,000
APPRAISED BY
REVIEW PARCEL Porter Rogers APPROVED PURCHASE CLOSING
NO. NAME ACRES (02/11/97) (02/17/97) VALUE PRICE DATE
802004 Berkovitz 1,153 $907,300 $846,119 $907,300 $860,000 140 days after
BOT approval
STAFF REMARKS: This acquisition was negotiated by the Department of Agriculture and Consumer Services, Division of Forestry (DOF) under its Preservation 2000 Additions and Inholdings Program.
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 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:
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 the event a full survey is waived, a professional land surveyor will inspect the property for any visible evidence of improvements or potential boundary issues.
An environmental site assessment of the property will be provided by the seller prior to closing.
This property is subject to outstanding oil, gas and mineral interest in favor of Frank A. Ford, Trustee. This outstanding interest affects approximately 1,153 acres. Staff recommends acquiring the property subject to the outstanding interest. The Bureau of Geology determined that the potential for oil, gas and mineral production at this site is considered low. The Bureau of Appraisal has indicated that the outstanding interest does not affect the market value of the property. The DOF, the future managing agency, has determined that the property can be effectively managed subject to the outstanding oil, gas and mineral interest.
The property will be managed by the DOF as part of Lake George State Forest. This parcel is adjacent to the Lake George State Forest and will consolidate state forest boundaries in the area, provide access, and improve overall management of the forest. The property will be managed for natural resource conservation and outdoor recreation activities under a multiple-use management regime.
Board of Trustees
Agenda - February 10, 1998 Page Nineteen
Item 14, cont.
This acquisition is consistent with section 187.201(23), F.S., the Agriculture section of the State Comprehensive Plan.
(See Attachment 14, Pages 1-35)
RECOMMEND APPROVAL
Item 15 Seminole Boosters, Inc./DeVoe L. Moore, et al Assignment of Purchase Agreement/BOR/FSU
REQUEST: Consideration of an assignment of a purchase agreement from DeVoe L. Moore, et al, to the Seminole Boosters, Inc., as amended, to acquire approximately 2.72 acres in Leon County on behalf of the Florida Board of Regents and Florida State University.
COUNTY: Leon
LOCATION: Section 02, Township 01 South, Range 01 West
STAFF REMARKS: On February 9, 1993, the Board of Trustees approved a purchase agreement to acquire 28.61 acres in Leon County, Florida, from DeVoe L. Moore, ABAC Auto Parts, Inc. Profit Sharing Trust, ABAC Auto Parts, Inc. Pension Trust and the Florida State University Foundation (seller).
Prior to closing, an environmental site assessment revealed petroleum contamination of the subject property. On December 13, 1994, the Board of Trustees approved an amendment to the original purchase agreement to allow the Division of State Lands (DSL) to close on that portion of the property that was not contaminated and to deduct $385,000 from the purchase price. This closing occurred on March 28, 1995. On August 8, 1995, the Board of Trustees approved a second amendment to the purchase agreement pursuant to which Florida State University agreed to reimburse DeVoe Moore, et al, for the cost of the environmental site assessment.
The seller still owns the contaminated parcel and is bound by the terms and conditions of the purchase agreement regarding its cleanup and subsequent conveyance to the Board of Trustees. The site’s priority score is number 57 on the Department of Environmental Protection Abandoned Tank Restoration program and is eligible for clean-up. It is estimated that it may be five to ten years before clean-up can begin. At such time clean-up is performed, the owner of the property is required to pay a $500 deductible.
Under the original purchase agreement, the seller has the right to assign its interest in the purchase agreement subject to the purchaser’s consent. Seller now desires to donate the contaminated parcel to the Seminole Boosters, Inc. (Boosters), and to transfer and assign all of its right, title and interest in said purchase agreement as amended to the Boosters. The assignment is limited to the contaminated property, and has been agreed to by the Florida Board of Regents and Florida State University.
The effect of the assignment will be that all of the seller’s interests, obligations and duties under the purchase agreement as amended with respect to the contaminated parcel will be transferred to the Boosters (including the responsibility to clean up the contaminated parcel). Subsequent to clean-up, the DSL will proceed to close and pay the balance of the purchase
Board of Trustees
Agenda - February 10, 1998 Page Twenty
Item 15, cont.
price attributable to the contaminated parcel to the Boosters in the amount of approximately $385,000. The seller shall remain liable for all covenants, warranties, representations and indemnities with respect to the non-contaminated parcel which was previously conveyed to the Board of Trustees.
(See Attachment 15, Pages 1-52)
RECOMMEND APPROVAL