Submittal of the minutes of the February 24, 1998 Cabinet meeting.

REQUEST:  Consideration of three purchase agreements to acquire 129.70 acres within the Belle Meade CARL project from Robert C. and Lorraine G. Bird, Trustees; David L. Vastola, Trustee; and William Wozniuk.

COUNTY:  Collier

LOCATION:  Sections 11 and 20, Township 50 South, Range 27 East

CONSIDERATION:  $269,990

APPRAISED BY

REVIEW Catlett APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (09/17/97) VALUE PRICE DATE

806003 Bird/476 41.9 $105,000 $105,000 $ 96,370 6 months

806004 Vastola/474 47.2 $ 85,000 $ 85,000 $ 80,240 after BOT

806005 Wozniuk/471 40.6 $102,000 $102,000 $ 93,380 approval

129.7 $292,000 $269,990

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.

Certified surveys, title insurance policies, environmental site evaluations and, if necessary, environmental site assessments, may be provided by the purchaser prior to closing.

The cypress swamps and old-growth slash pine flatwoods in the Belle Meade CARL 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 2, Pages 1-14)

RECOMMEND APPROVAL

REQUEST: Consideration of authorization to acquire 100 percent interest in 105 acres within the Corkscrew Regional Ecosystem Watershed CARL project from 13 separate owners.

COUNTY: Lee

LOCATION: Sections 24, 25, 28, 35 and 36, Township 47 South, Range 26 East

CONSIDERATION: $169,000

STAFF REMARKS: The Corkscrew Regional Ecosystem Watershed (CREW) CARL project is ranked number 8 on the CARL Bargain\Shared Project List approved by the Board of Trustees on February 11, 1997, and qualifies for purchase under the Division of State Lands’ Land Acquisition Workplan. The project contains 59,008 acres, of which 20,055 have been acquired by the South Florida Water Management District (District) and Lee County, and 255 acres are under contract to the Board of Trustees. After the Board of Trustees approves this agreement, 38,593 acres or 65 percent of this project will remain to be acquired.

When CREW was added to the CARL list in 1991, a limit was placed on the CARL involvement to encourage local participation in the project. The project was initially planned to be a four party project with equal participation by Lee and Collier Counties, the District and the Board of Trustees. To encourage this participation, the Land Acquisition Advisory Council (LAAC) placed both a geographical and financial restriction on the CARL participation in the project. Based on the fact that the Board of Trustees’ share of the overall purchase was to be 25 percent and the initial project cost estimate was $40 million, a $10 million "cap" was imposed and acquisition efforts were limited to the Camp Keis Strand Corridor.

While both Lee County and the District began acquiring land within the project, participation by the Division of State Lands and Collier County was stalled. In the CARL acquisition area (Camp Keis Strand), the Collier family was the largest owner. They were pursuing an exchange with the federal government and were unwilling to consider a sale to the Board of Trustees while these efforts were underway. Collier County’s bond referendum did not pass and the county has been unable to contribute to the project.

On November 20, 1992, the LAAC modified the project design to remove the geographical restriction (Camp Keis Strand) but maintained the $10 million cap. The LAAC also limited the CARL match to acquisitions made by the District after the date of the LAAC meeting. Following this decision, staff began working with the District to identify lands purchased that would qualify for the CARL match. Various options to pursue cooperative purchases were considered. In 1994, the legislature enacted section 259.041, F.S., which provided the authority to adopt District procedures for joint acquisitions.

On June 27, 1995, the Board of Trustees authorized staff to enter into an acquisition agreement with the District to acquire various ownerships located within the CREW CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S. At the time the original agreement was entered into, the LAAC-imposed cap on funding

was still in effect. Since the estimated cost of the parcels remaining to be acquired in the project exceeded $20 million, a 50/50 match on each succeeding acquisition would exhaust the Board of Trustees’ funding limit of $10 million before the project acquisition was completed; therefore, a 50/50 agreement was recommended and approved.

On October 30, 1995, the LAAC expanded the project boundary, eliminated the $10 million cap and designated the project a shared acquisition with the District. As a shared acquisition, the District and the Board of Trustees are each expected to spend the same amount in acquiring land within the project. Since the District has already made some purchases for which it should be credited, staff agreed that it would be appropriate for the Board of Trustees to match those purchases called for under the acquisition agreement. Therefore, the acquisition agreement was amended to provide that the Board of Trustees purchase $13,360,000 worth of land in the project at its sole cost and expense before the 50/50 shared acquisitions will resume. The District has provided documentation, acceptable to the Division of State Lands, establishing the District’s expenditure in this project. Following the Board of Trustees’ authorization of these acquisitions, $515,500 worth of land will have been purchased by the Board of Trustees towards matching the District’s purchases in this project. The remaining matching balance will be $12,844,500.

The District has acquired thirteen options to purchase the parcels, at 100 percent of the appraised values, from The Nature Conservancy (TNC). Pursuant to the terms of the amended acquisition agreement, the District shall be reimbursed for all costs associated with acquiring the thirteen properties, including pre-acquisition and closing related costs. The Board of Trustees’ purchase price will be 100 percent of the contract price negotiated by the District plus 100 percent of the cost incurred in the purchase of the property. Title to the property acquired will vest in the Board of Trustees.

As provided for in the amended acquisition agreement, the Governing Board of the District adopted multiple resolutions requesting the Board of Trustees’ share of the purchase price for the thirteen parcels, reimbursement of 100 percent of its pre-acquisition and reimbursement of 100 percent of its closing costs. Pursuant to the amended acquisition agreement, the pre-acquisition and closing costs will be reimbursed from CARL incidental expense funds. TNC’s acquisition fee is considered a District staffing cost and is not being recommended for reimbursement. The District’s resolutions contain all of the assurances required by the amended acquisition agreement.

The CREW CARL parcels will be managed by the District as a conservation and preservation area with passive public use.

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 3, Pages 1-14)

LOCATION:  Section 10, Township 51 South, Range 26 East

CONSIDERATION:  $87,000

APPRAISED BY

REVIEW Bowen APPROVED PURCHASE OPTION

NO. PARCEL ACRES (04/10/95) VALUE PRICE DATE

806006 Bogen 0.47 $87,000 $87,000 $87,000 180 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 certified survey, environmental site evaluation and, if necessary, an environmental site assessment 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 4, Pages 1-20)

RECOMMEND APPROVAL

COUNTY:  Walton

LOCATION:  Section 07, Township 03 South, Range 19 West

CONSIDERATION:  $ 223,500

APPRAISED BY

REVIEW Altenpohl APPROVED PURCHASE OPTION

NO. PARCEL ACRES (10/14/97) VALUE PRICE DATE

806007 Kramer 10.18 $228,000 $228,000 $223,500 90 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 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 surrounded by land the state intends to acquire;
• the referenced parcel is located within a platted subdivision and the plat drawing is acceptable for computing acreage;
• the parcel is in its natural unimproved condition; and
• the boundary of the 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 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.

This property will be managed by DRP as an addition to the Grayton Beach 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 5, Pages 1-19)

RECOMMEND APPROVAL

COUNTY:  Volusia

LOCATION:  Section 32, Township 12 South, Range 32 East

CONSIDERATION:  $125,000

APPRAISED BY

REVIEW Rogers APPROVED PURCHASE OPTION

NO. PARCEL ACRES (04/01/97) VALUE PRICE DATE

806001 Volusia Co./10 1.0 $125,000 $125,000 $125,000 180 days

after BOT

Based on Rural Residential zoning approval

This property was part of the original North Peninsula CARL project in 1981, however, acquisition efforts at that time were not successful. This property was placed on the DRP Additions and Inholdings list in 1994.

The Department of Environmental Protection (DEP) is seeking Board of Trustees’ approval to proceed with this acquisition based on an appraisal that was performed with the assumption that the property should be zoned as Rural Residential. The following sequence of events explains how an oversight by Volusia County (County) in its Comprehensive Land Use Planning effort resulted in years of problems that were ultimately resolved through the purchase of the property by the County.

On March 15, 1990, the County, through adoption of its Comprehensive Land Use Plan, placed the entire North Peninsula Recreation Area in a Conservation Land Use category and, in so doing, inadvertently included some privately-owned inholdings. According to the County, the Conservation Land Use category can only be designated on public lands purchased for natural resource preservation purposes, or assigned to private property at the request of the landowner. County records show that neither the current owner, nor any past owner had ever requested that the Conservation Land Use designation be placed on the property. As a result, the Conservation Land Use designation was placed on the property in error as a result of a mapping oversight.

In 1992, the County went through the process of rezoning property throughout the county to be consistent with the land use plan. Again, the County failed to realize that this property was misclassified and mistakenly rezoned the property to Conservation.

In 1995, Emilio Cirelli purchased the property at a tax deed sale for $6,300. Neither DRP nor DSL were aware of the tax deed sale. Subsequent to his tax deed purchase, Mr. Cirelli

attempted to sell the property and a contract was executed between Mr. Cirelli and a prospective buyer for $125,000. Prior to closing, the prospective buyer learned that the site was zoned Conservation, which would prohibit a residence from being built on the site, so the buyer terminated the contract.

On November 16, 1995, after this problem was brought to the County’s attention, a land use amendment was approved, changing the land use designation to Rural.

On September 20, 1996, Mr. Cirelli made an application to rezone the property to the appropriate zoning (Rural Residential) which would allow for a residence to be built on the property. While the County agreed that the rezoning was appropriate considering that an error by the County had created the problem in the first place, the County denied the rezoning.

While DRP had an interest in acquiring the property, staff was not in a position to make an offer on the property because appraisals had not yet been completed. In January 1997, in an effort to bring resolution to the zoning issue, Mr. Cirelli filed a taking suit (case number: 97-10051-C1DL) against the County. According to County staff, the County offered to acquire the property in settlement of the lawsuit. Mr. Cirelli accepted the County’s offer and, in May 1997 sold the property to the County for $125,000. The County made this offer in anticipation of the state acquiring the property under the DRP Additions and Inholdings program.

The state’s appraisal was completed in June 1997, and indicated a market value of $125,000. The appraisal was based on the assumption that the zoning could be changed to Rural Residential which would allow a single-family residence to be constructed on the site.

Technically speaking, since the property is now owned by a governmental entity, the conservation land use designation is not inappropriate. The state’s appraiser has confirmed that if this property is appraised assuming the conservation zoning is appropriate, the value will be substantially less. Because of the history of the County’s acquisition of this property, it is recommended that a re-valuation based on conservation zoning not be performed; that the Board of Trustees accept the appraisal that has been done; and that the property be acquired from the County for $125,000, subject to any downward adjustments resulting from survey, title or environmental matters that may be disclosed during the closing process.

Had the County not acquired the property and granted Mr. Cirelli the appropriate rezoning, staff would have attempted to purchase the property from Mr. Cirelli. Because the state was not yet in a position to make an offer, the County purchased the property in lieu of granting the rezoning and thus protected this inholding from potential development.

This property will be managed by the Division of Recreation and Parks as an addition to the North Peninsula State Recreation 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 6, Pages 1-24)

RECOMMEND APPROVAL

REQUEST: Consideration of a purchase agreement to acquire 0.496 acre for the benefit of the Florida Board of Regents and Florida State University from I. H. S. Investments, Inc.

COUNTY: Leon

APPLICANT: Florida State University

LOCATION: Section 02, Township 01 South, Range 01 West

CONSIDERATION: $161,900

APPRAISED BY

REVIEW CARLTON APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (06/09/97) VALUE PRICE DATE

806008 135 0.496 $170,500 $170,500 $161,900 150 days after

BOT approval

Improvements on this property consist of a 1,632 square-foot, four-bay car wash, and a 42 square-foot vacuum station. FSU is aware of the improvements and will remove the buildings after closing.

All mortgages and liens will be satisfied at the time of the 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 will be provided by FSU. An environmental site assessment and a title insurance policy will be provided by the seller prior to closing. FSU will reimburse the seller’s title insurance and environmental site assessment costs.

This parcel will be managed by FSU as a part of the existing campus through a lease to the Florida Board of Regents.

This acquisition is consistent with section 187.201(01), F.S., the Education section of the State Comprehensive Plan.

(See Attachment 7, Pages 1-25)

COUNTY: Brevard

APPLICANT: Department of Agriculture and Consumer Services, Division of Forestry

LOCATION: Section 12, Township 24 South, Range 35 East

CONSIDERATION: $60,000

APPRAISED BY

REVIEW PARCEL Miller APPROVED PURCHASE CLOSING

NO. NAME ACRES (10/24/97) VALUE PRICE DATE

806009 Kabboord 2.0 $60,000 $60,000 $60,000 130 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 certified survey and an environmental site assessment of the property will be provided by the DOF prior to closing.

The property will be managed by the DOF to develop a work center site for firefighting crews and for other DOF related purposes.

This acquisition is consistent with section 187.201(23), F.S., the Agriculture section of the State Comprehensive Plan.

(See Attachment 8, Pages 1-20)

COUNTY: Leon

APPLICANT: Florida Department of Management Services

LOCATION: Section 01, Township 01 South, Range 01 West

CONSIDERATION: $1,250,000

APPRAISED BY

REVIEW Griffith Ketcham APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (09/12/96) (09/07/96) VALUE PRICE DATE

806002 Hyman Myers 5.16 $1,245,000 $1,400,000 $1,400,000 $1,250,000 On or before

Ind. Park 12/30/98

Currently DMS leases a parcel of state-owned land on Lake Bradford Road that it uses for a motor pool. In 1995, FSU requested that DMS consider relinquishing its lease on the Lake Bradford Road site so that FSU could lease it. FSU was in the process of acquiring the private lands that surrounded the DMS site. DMS agreed to move its facilities to another site if an appropriate site could be found. The Hyman Myers Industrial Park fulfilled that requirement and was available for purchase.

Improvements to the property consist of ten steel or concrete storage warehouse buildings containing a total of 56,174 square feet. The buildings were constructed over a period of years from 1941 through 1984. The site is enclosed with a six-foot chain link fence and paved with asphalt/concrete.

Negotiations began in January 1997, and a purchase agreement was executed in June 1997. The agreement has not been presented to the Board of Trustees until a Phase II Environmental Site Assessment could be completed and anticipated environmental problems addressed. The environmental site assessment, completed in December 1997, confirmed the contamination problems. DMS contacted the Department of Environmental Protection (DEP) for help in considering cleanup solutions. DMS and DEP staff met on-site to discuss the areas of contamination and consider a plan for cleanup. The plan now being developed will require DMS to excavate, remove, treat and dispose of contaminated soils as a part of the demolition and site preparation, at a cost of $14,307.50. This will be completed after the site’s acquisition. The appraiser considers this cost to cure to be nominal in relationship to the original value estimate. DMS has acknowledged that it will assume all responsibility and liability for the site’s cleanup upon closing of the acquisition.

All mortgages and liens will be satisfied at time of closing. In the event the commitment for title insurance, to be obtained before 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 has been provided by the seller and is in staff review.

This parcel will be managed by DMS as a motor pool and surplus property facility. DMS will release its Lake Bradford Road leases back to the Board of Trustees for subsequent lease to FSU upon the completion of the redevelopment of the Hyman Myers site.

This acquisition is consistent with section 187.201(18), F.S., the Public Facilities section of the State Comprehensive Plan.

(See Attachment 9, Pages 1-33)

RECOMMEND APPROVAL

COUNTY:  Collier

Additionally, when state land is acquired using federal grant dollars, the federal government requires that the land acquired 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. Board of Trustees’ approval is required because the use of federal funds for a state acquisition project will result in certain restrictions on the future use of Board of Trustees’ property.

Staff has reviewed the terms of the grant and has determined that the objectives of the state’s environmental land acquisition and management programs will be satisfied and that the

acquisition for which this federal grant will apply are consistent with federal restoration plans for the Everglades. 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 managing agency’s ability to carry out its management responsibilities.

The United States Department of the Interior, the United States Army Corps of Engineers, the Florida Department of Environmental Protection and the South Florida Water Management District share a commitment to study, monitor, protect and restore this system of globally unique resources. The western portion of the Everglades ecosystem has been identified by the Florida Game and Fresh Water Commission as a Strategic Habitat Conservation Area for panthers, black bears, red-cockaded woodpeckers, and wading birds. It may be the most important region in Florida for maintaining the state’s wildlife diversity.

These properties will be managed by the Department of Agriculture and Consumer Services, Division of Forestry as part of the Picayune Strand State Forest.

(See Attachment 10, Page 1)

RECOMMEND APPROVAL

COUNTY: Collier

Oil and Gas Lease No. 4169

APPLICANT: U.S. Capital Energy, Inc.

LOCATION: Section 16, Township 47 South, Range 28 East, containing 320 net mineral acres

CONSIDERATION: $9,122 to the Department of Education, representing (1)(a) $8,002 for cash consideration, and (b) $1,120 for the first year rental, and (2) royalties if oil and gas are produced.

STAFF REMARKS: The Division of State Lands received a nomination/application for the state’s oil and gas interest in Section 16, Township 47 South, Range 28 East, in Collier County. The property was once designated school board lands, and was subsequently sold to Earl Ball on August 1, 1955, with 50 percent oil and gas interest underlying this area being retained by the State Board of Education.

Section 253.51, F.S., authorizes the Board of Trustees to negotiate, sell, and convey leasehold estates in and to lands the title to which is vested in any state board, department or agency for the purpose of the development, and the production, of oil and gas, upon such terms and conditions as may be agreed upon by the contracting parties, not inconsistent with law and the provisions of the chapter.

The application was processed pursuant to sections 18-2.018, 18-2.019, and 18-2.020, F.A.C., resulting in only one bid being received.

A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (DCA) has determined that the plan was not in compliance. A compliance agreement between DCA and the local government has been finalized. The proposed action is consistent with the adopted plan according to a letter dated April 15, 1997, from Collier County.

(See Attachment 11, Pages 1-52)

COUNTY: Okaloosa

Lease No. 460809779

APPLICANT: Cove Marine, Inc.

LOCATION: Section 16, Township 01 South, Range 22 West, in Ward Cove, within the local jurisdiction of the City of Niceville. Aquatic Preserve: No

CONSIDERATION: $16,736.68, representing (1) $13,947.23 as the annual lease fee computed at the base rate of $0.1130 per square foot discounted 30 percent because of the first-come, first-served nature of the facility; and (2) $2,789.45 as the annual extended lease term payment calculated at 20 percent of the lease fee. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable.

STAFF REMARKS: The existing sovereignty, submerged land lease was originally approved by the Board of Trustees on July 12, 1979. Subsequently, on March 19, 1985, the Board of Trustees approved a lease modification to expand the existing commercial marina facility to increase the number of slips from 67 to 119, for a total preempted area of 176,324 square feet.

The upland property has recently changed ownership and the new owner is requesting an assignment of the existing lease and wishes to extend the term of the lease because of financial needs and requirements of a loan arrangement with the U. S. Small Business Administration. Pursuant to section 18-21.008(1)(b)2, F.A.C., leases shall be for a term of up to 25 years, and renewable at the option of the Board of Trustees. Therefore, staff recommends approval of the applicant’s request subject to the Lessee being assessed an extended term fee in accordance with the Board of Trustees’ action on April 12, 1988.

The primary concern previously expressed by the Board of Trustees on this issue has focused on ensuring that the Board of Trustees’ proprietary and fiduciary roles are not limited in any way by long-term commitments. To address this concern, the Board of Trustees approved a special lease condition to be incorporated into extended term leases. As a result, that special lease condition will be incorporated into the modified lease.

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 request for an extended lease term for this facility is not subject to the local government planning process.

(See Attachment 12, Pages 1-10)

COUNTY: Charlotte

Dedication No. 21856

LOCATION: Section 06, Township 41 South, Range 23 East, in Punta Gorda Harbor within the local jurisdiction of the City of Punta Gorda

STAFF REMARKS: In 1958, the Board of Trustees dedicated (Dedication No. 21856) approximately 82,700 square feet of sovereign, submerged land to the City of Punta Gorda (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.

In 1992, the City approached the Board Of Trustees’ staff with a request to release the deed restrictions on the property so that it could be incorporated into a planned community redevelopment project. In light of the fact that the property had never been used for the purposes for which it was dedicated, staff recommended that the City deed the entire parcel back to the Board Of Trustees and request a reconveyance of the filled portion for the redevelopment project. On May 11, 1993, the Board of Trustees conceptually approved the City’s request on the condition that the City pay the Board of Trustees $138,000, which was the appraised value of the filled parcel at that time. Under the proposed redevelopment plan, the filled parcel plus other lands owned by the City were to be sold to a private developer.

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, and the remainder (18,979 square feet) would be sold to a private developer for residential and hotel development. On February 10, 1998, the Board of Trustees reconsidered its previous action in light of the new project configuration and again conceptually approved the City’s request and directed staff to proceed with negotiations regarding the sale price. Staff began negotiations by offering the property to the City’s Community Redevelopment Agency (CRA) for the updated appraised value of $89,895. The CRA met on March 18, 1998, and voted unanimously to accept the offer.

Subsequent to the February 10th action, several Cabinet offices have received letters and phone calls from the local citizenry indicating opposition to continuing with the project as it is currently designed. Secretary Mortham and Commissioner Brogan have requested that the issue be brought back before the Board of Trustees so that it can hear public testimony and consider further its decision to proceed with an agreement with the City at this time.

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 13, Pages 1-15)

COUNTY: Monroe

LOCATION: Section 14, Township 61 South, Range 39 East

STAFF REMARKS: Largo Sound Club, Inc., is a non-profit corporation organized in 1962, which operates as a homeowner's association for a subdivision located in Monroe County known as Largo Sound Park. The original 1955 plat of Largo Sound Park subdivision contained a private, upland park for boating and swimming adjacent to the sovereign submerged lands of Largo Sound. The plat of Largo Sound Park dedicated the waterfront park to Monroe County. Sometime in 1962, Monroe County created a fill spit contiguous to the park on the sovereign submerged lands of Largo Sound. In 1963, Monroe County passed a resolution whereby it disclaimed ownership in the park and the park reverted to private ownership in Largo Sound, Inc. Largo Sound, Inc., then deeded the park to Largo Sound Club, Inc., for management purposes. By 1971, Largo Sound Club, Inc., had added a concrete bulkhead to the original fill spit created by Monroe County. No further modifications to the fill spit have been made since 1971. The upland park has remained private since that date with no public access.

On September 21, 1967, the Board of Trustees expanded the dedication of John Pennekamp Coral Reef State Park to include the lands from its boundary offshore to the mean high water line of Key Largo. Largo Sound Park has been contiguous to the boundary of John Pennekamp Coral Reef State Park since that date.

On April 12, 1990, the Governor and Cabinet, sitting as the head of the Department of Natural Resources (DNR), adopted a policy for all known encroachments in John Pennekamp State Park whereby the Division of State Lands and the Division of Recreation and Parks were to evaluate on a case-by-case basis the environmental impact of the individual fill spits within the State Park. The policy provided for fills which were detrimental to the marine environment to be removed, while the DNR was given authority to enter into management agreements with the adjacent land owners for the remaining fills not designated for removal. The fill spit at issue was included within that evaluation as fill not detrimental to the marine environment. The

Division of Recreation and Parks sent Largo Sound Club, Inc., a letter advising that the fill spit would be managed as part of John Pennekamp State Park.

In April of 1994, Plaintiff filed this action seeking declaratory relief and to quiet title to the fill spit lying on formerly submerged sovereignty lands and managed as part of John Pennekamp State Park. Plaintiff and the Division of Recreation and Parks have negotiated a settlement as reflected in the terms of the Stipulation of Settlement attached to this item. The settlement provides that Largo Sound Park Club, Inc., will transfer by quitclaim deed to the Board of Trustees the most waterward portion of the fill spit, comprising approximately one-third of the total area of the spit (Parcel 1), and the Board of Trustees will transfer by quitclaim deed to Largo Sound Park Club, Inc., the most landward portion of the fill spit, comprising the remaining two-thirds of the spit (Parcel 2). The line of demarcation is an approximate line stipulated between the parties intending to evidence the land originally filled by Monroe County prior to the dedication of John Pennekamp State Park and the concrete bulkhead being added to the spit. The settlement agreement also provides for the Board of Trustees and the Division of Recreation and Parks to enter into a fifty year Management Agreement with Largo Sound Park Club, Inc., to manage the one-third of the spit belonging to the Board of Trustees as allowed by the DNR’s policy of April 12, 1990. Approval of this settlement agreement will completely resolve this lawsuit.

(See Attachment 14, Pages 1-19)