Submittal of the minutes of the May 12, 1998 Cabinet meeting.

COUNTY:  Brevard

LOCATION:  Section 14 and 15, Township 29 South, Range 38 East

CONSIDERATION: $125,000 (Board of Trustees’ share of County’s purchase price)

APPRAISED BY ADJUSTED COUNTY’S TRUSTEES

REVIEW Schieber APPROVED PURCHASE SHARE OF OPTION

NO. PARCEL ACRES (10/22/96) VALUE PRICE * PURCHASE DATE

811013 Rusnak 10.21 $ 480,000 $480,000 $250,000 $125,000 180 days

after BOT

approval

* County’s purchase price includes cost of property plus County’s acquisition costs.

Board of Trustees’ share of the purchase price equals either 50 percent of the approved value or 50 percent of the

County’s purchase price, whichever is less.

Pursuant to a multi-party agreement entered into between the Division of State Lands (DSL) and Brevard County (County), the County purchased the property on December 6, 1996, from Rose K. Rusnak for $250,000. If this item is approved, the Board of Trustees will reimburse the County for the lesser of 50 percent of the approved value or 50 percent of the purchase price and closing costs paid by the County for each parcel. In no event will the purchase price exceed the 50 percent of the approved value.

All mortgages and liens will be satisfied at the time of closing. In the event the commitment for title insurance, to be obtained prior to closing, reveals any other encumbrances which may affect the value of the property or the proposed management of the property, staff will so advise the Board of Trustees prior to closing.

The County will provide a title insurance policy certified to the Board of Trustees, a certified survey, and an environmental site assessment prior to closing. The Board of Trustees will reimburse the County 50 percent of the cost associated with updating each item to bring it into compliance with DSL’s standards. This reimbursement is contingent on the closing of these transactions.

Although sea turtle nesting occurs from the southern tip of Texas to the southern coast of Virginia, a 20-mile stretch of beach in Brevard and Indian River counties is one of the most significant nesting areas for Loggerhead Sea Turtles in the world; the most significant nesting

area for Green Sea Turtles in the western hemisphere; and an occasional nesting area for the Leatherback Sea Turtle, one of the largest and rarest sea turtles. For thousands of years, these sea turtles have returned each year to these beaches to lay their eggs and continue the species. The Archie Carr Sea Turtle Refuge CARL project is designed to help protect the habitat and assure the continued survival of these endangered sea turtles.

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

This acquisition is consistent with section 187.201 (10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 2, Pages 1-28)

RECOMMEND APPROVAL

COUNTY:  Lee

LOCATION:  Section 10, Township 43 South, Range 23 East

CONSIDERATION:  $1,040,000

APPRAISED BY

REVIEW Norris Bowen APPROVED PURCHASE OPTION

NO. PARCEL ACRES (11/20/97) (11/20/97) VALUE PRICE DATE

811001 New Town/43 497.93 $850,000 $800,000 $ 850,000 $ 800,000 180 days

811002 Hecksher/44 167.13 $285,000 $270,000 $ 285,000 $ 240,000 after BOT

665.06 $1,135,000 $1,040,000 approval

All mortgages and liens will be satisfied at the time of closing.  Title information available at the time the appraisals were performed did not show legal access to these properties, although physical access is available over a series of dirt roads. The appraisers indicated that comparable properties with a highest and best use of agriculture and recreation were bought and sold without regard to legal access. From a management perspective, access will likely not be an issue because the adjoining property, which has legal access, is under contract to the Board of Trustees. If the adjoining property is acquired, legal access to these two parcels will not be required. Regardless, the owners of these two parcels advise that they have legal access via easements. In the event the commitments for title insurance, to be obtained prior to

closing, do not document the existence of easements for access and access cannot be provided by alternate means, the lack of access will be dealt with under the title defect paragraph of the option agreement. If the commitments for title insurance 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.

Northwest of Fort Myers lies the largest and highest-quality slash-pine flatwoods left in southwest Florida. The pines are home to red-cockaded woodpeckers, black bears, and bald eagles, and an occasional Florida panther ranges the area. The largest population in the world of the rare beautiful pawpaw grows here. Several drainage ditches flow through these flatwoods into the Charlotte Harbor Aquatic Preserve. The Charlotte Harbor Flatwoods CARL project will protect these flatwoods and connect the Charlotte Harbor State Buffer Preserve with the Cecil M. Webb Wildlife Management Area, helping to protect both of these managed areas and the waters of the Aquatic Preserve.

These properties will be managed by the Florida Game and Fresh Water Fish Commission as part of the Cecil M. Webb Wildlife Management Area.

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 1-34)

RECOMMEND APPROVAL

REQUEST: Consideration of (1) authorization to acquire an undivided 50 percent interest from the South Florida Water Management District in 2,577.20 acres within the Atlantic Ridge Ecosystem CARL project; (2) designation of Department of Environmental Protection, Division of Recreation and Parks as managing agency; and (3) confirmation of the management policy statement.

COUNTY: Martin

LOCATION: Sections 04, 09 through 14, and 24, Township 39 South, Range 41 East; Section 07, Township 39 South, Range 42 East

CONSIDERATION: $7,617,393.50 (The Board of Trustees’ 50 percent share of the total purchase price of $15,234,787, to be adjusted upward or downward at the rate of $14,025 per acre for parcel A, Tract X1-100-013, $2,992 per acre for parcel B, Tract X1-100-013 and Tract X1-100-014 in accordance with the final surveyed acreage.)

STAFF REMARKS: The Atlantic Ridge Ecosystem CARL project is ranked number 2 on the CARL Bargain/Shared 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 12,514 acres, of which this is the first acquisition. After the Board of Trustees approves this agreement, 9,936.8 acres or 79 percent of this project will remain to be acquired.

On October 21, 1997, the Board of Trustees authorized staff to enter into an acquisition agreement with the South Florida Water Management District (District) to acquire the Westerra Seawind, L.P. (Westerra Seawind) ownership located in the Atlantic Ridge Ecosystem CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S.

Pursuant to the terms of the acquisition agreement, the District contracted to purchase Westerra Seawind’s ownership at 95 percent of the approved value. The District shall be reimbursed 50 percent of all costs associated with its attempt to acquire lands within the project, including all pre-acquisition and closing related costs. Title to the property acquired will vest jointly in the Board of Trustees and District, with each owning an undivided 50 percent fee simple interest. The Board of Trustees' purchase price will be 50 percent of the contract price negotiated by the District plus 50 percent of the costs incurred in the purchase of the property.

Westerra Seawind has agreed to sell 2,500 acres and donate 77 acres of the approximately 5,000 acres it owns in the Atlantic Ridge project. Westerra Seawind and the District must mutually agree upon a drainage arrangement on the portions of the property that the District will purchase which will allow for continued drainage of Westerra Seawind’s remaining land. In the event that the District and Westerra Seawind do not mutually agree upon such a drainage arrangement, either party may terminate this contract.

As provided for in the acquisition agreement, on December 11, 1997 the Governing Board of the District adopted Resolution No. 97-63, requesting reimbursement of the Board of Trustees’ share of the purchase price for the Westerra Seawind parcel, reimbursement of 50 percent of its preacquisition costs and reimbursement of 50 percent of its closing costs (recording, title insurance policy and survey costs). Pursuant to the acquisition agreement, the preacquisition and closing costs will be reimbursed from CARL incidental expense funds. The District’s resolution contains all of the assurances required by the acquisition agreement.

Cities spreading north from Miami and Fort Lauderdale have all but eliminated natural areas, such as coastal scrub, near the southeast Florida coast. The Atlantic Ridge Ecosystem CARL project will protect one of the largest patches of natural land left on this coast - conserving an important scrub, pine flatwoods, marshes, and the floodplain of the South Fork of the St. Lucie River, protecting the quality of water in the St. Lucie and Loxahatchee River basins, and allowing the public to enjoy the original landscape of this fast-growing area.

Pursuant to section 259.032(9)(b)2., F.S., staff recommends that the Board of Trustees designate the Department of Environmental Protection, Division of Recreation and Parks as the managing agency for this site. It will be managed as a state park with uses such as picnicking, hiking, fishing, and canoeing.

Section 259.032(9)(b)2., F.S., requires that the Board of Trustees, concurrent with its approval of the initial acquisition agreement within a project, "evaluate and amend, as appropriate, the management policy statement for the project as provided by section 259.035, F.S., consistent with the purposes for which the lands are acquired." The management policy statement for this project was included in the 1997 CARL Annual Report adopted by the Board of Trustees on February 11, 1997. Staff recommends that the Board of Trustees confirm the management policy statement as written:

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 1-38)

REQUEST:  Consideration of an option agreement to acquire 76.71 acres within the Dade County Archipelago CARL project from Dade County.

COUNTY:  Dade

LOCATION:  Section 10, Township 55 South, Range 39 East

CONSIDERATION:  $4,162,193.47 (Board of Trustees’ share of County’s purchase price)

APPRAISED BY ADJUSTED COUNTY’S TRUSTEES

REVIEW Eisnor Mikus APPROVED PURCHASE SHARE OF OPTION

NO. PARCEL ACRES (05/16/96) (05/16/96) VALUE PRICE * PURCHASE DATE

811012 Boystown 76.71 $8,400,000 $8,438,000 $8,438,000 $8,324,386.95 $4,162,193.47 180 days

after BOT

approval

* County’s purchase price includes cost of property plus County’s acquisition costs.

Board of Trustees’ share of the purchase price equals either 50 percent of the approved value or

50 percent of the County’s purchase price, whichever is less.

Pursuant to a multi-party agreement entered into between the Division of State Lands (DSL) and Dade County (County), the County purchased the property on May 14, 1996, from the Archdiocese of Miami, for $8,324,386.95. If this item is approved, the Board of Trustees will reimburse the County for the lesser of 50 percent of the approved value or 50 percent of the purchase price and closing costs paid by the County for each parcel. In no event will the purchase price exceed 50 percent of the approved value.

All mortgages and liens will be satisfied at the time of closing. In the event the commitment for title insurance, to be obtained prior to closing, reveals any other encumbrances which may affect the value of the property or the proposed management of the property, staff will so advise the Board of Trustees prior to closing.

The County will provide the title insurance policy certified to the Board of Trustees, a certified survey, and an environmental site assessment prior to closing. The Board of Trustees will reimburse the County 50 percent of the cost associated with updating each item to bring it into compliance with the DSL’s standards. This reimbursement is contingent on the closing of this transaction.

On a limestone ridge east of the Everglades, where Miami and Homestead and surrounding farms now stand, were subtropical pinelands and hardwood hammocks unique in the United States. Now only tiny pieces of these forests remain, the best of which the Dade County Archipelago CARL project will protect. In so doing, the project will conserve habitat for rare animals and dozens of rare plants, many found nowhere else in the world, and will provide areas where residents and visitors can learn about and appreciate what was here before the cities.

This property will be managed by the County as botanical sites with passive recreational usage.

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 1-24)

RECOMMEND APPROVAL

REQUEST:  Consideration of an option agreement to acquire 1,346 acres within the Brevard Coastal Scrub Ecosystem CARL project from Brevard County.

COUNTY:  Brevard

LOCATION:  Sections 10, 11, 14 and 15, Township 30 South, Range 37 East

CONSIDERATION:  $950,000 (Board of Trustees’ share of County’s purchase price)

APPRAISED BY ADJUSTED COUNTY’S TRUSTEES

REVIEW Miller Zegel APPROVED PURCHASE SHARE OF OPTION

NO. PARCEL ACRES (12/07/93) (12/07/93) VALUE PRICE * PURCHASE DATE

811015 Micco Scrub 1,346 $ 2,692,000 $2,700,000 $2, 700,000 $1,900,000 $950,000 180 days

after BOT

approval

* County’s purchase price includes cost of property plus County’s acquisition costs.

Board of Trustees’ share of the purchase price equals either 50 percent of the approved value

or 50 percent of the County’s purchase price, whichever is less.

Pursuant to a multi-party agreement entered into between the Division of State Lands (DSL) and Brevard County (County), the County purchased the property on February 25, 1994, for $1,900,000. If this item is approved, the Board of Trustees will reimburse the County for the lesser of 50 percent of the approved value or 50 percent of the purchase price and closing costs paid by the County. In no event will the purchase price exceed 50 percent of the approved value.

All mortgages and liens will be satisfied at the time of closing.  In the event the commitment for title insurance, to be obtained prior to closing, reveals any other encumbrances which may affect the value of the property or the proposed management of the property, staff will so advise the Board of Trustees prior to closing.

The County will a provide title insurance policy certified to the Board of Trustees, a certified survey and an environmental site assessment prior to closing. The Board of Trustees shall reimburse the County 50 percent of the cost associated with updating each item to bring it into compliance with DSL’s standards. This reimbursement is contingent on the closing of this transaction.

The strip of coastal scrub that once paralleled the Indian River in Brevard County is now a set of small fragments surrounded by housing developments. The Brevard Coastal Scrub Ecosystem CARL project will preserve a few of the best fragments, thus helping to ensure the survival of the endangered scrub jay and scrub itself in the county, and providing areas where the public can learn about and appreciate this unique landscape.

This property will be managed by the County as a wildlife and environmental area with limited public use, including picnicking and environmental education.

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 1-23)

RECOMMEND APPROVAL

REQUEST:  Consideration of an option agreement to acquire 75.69 acres within Maritime Hammock Initiative CARL project from Brevard County.

COUNTY:  Brevard

LOCATION:  Section 23, Township 29 South, Range 38 East

CONSIDERATION:  $722,000 (Board of Trustees’ share of County’s purchase price of $2,359,800)

APPRAISED BY ADJUSTED COUNTY’S TRUSTEES

REVIEW Benson Schieber APPROVED PURCHASE SHARE OF OPTION

NO. PARCEL ACRES (12/26/94) (12/26/94) VALUE PRICE PURCHASE* DATE

811009 Seaside Oaks 75.69 $1,370,000 $1,580,000 $1,444,000 $2,359,800 $722,000 180 days

after BOT

approval

* Board of Trustees’ share of the purchase price equals either 50 percent of the approved value

or 50 percent of the County’s purchase price, whichever is less.

Brevard County (County) purchased the property on April 15, 1992, from American Equities, Ltd. for $2,359,800, in anticipation of its placement on the 1993/1994 CARL project list. On February 9, 1993, the Maritime Hammock Initiative CARL project was approved as a Bargain/Shared project. Under the Bargain/Shared purchase criteria the Board of Trustees will reimburse the County for the lesser of 50 percent of the approved value or 50 percent of the purchase price and closing costs paid by the County for the parcel. In no event will the purchase price exceed 50 percent of the approved value.

All mortgages and liens will be satisfied at the time of closing.  In the event the commitment for title insurance, to be obtained prior to closing, reveals any other encumbrances which may affect the value of the property or the proposed management of the property, staff will so advise the Board of Trustees prior to closing.

The County will provide a title insurance policy certified to the Board of Trustees, a certified survey and an environmental site assessment prior to closing. The Board of Trustees shall reimburse the County 50 percent of the cost associated with updating each item to bring it into compliance with Division of State Lands’ standards. This reimbursement is contingent on the closing of these transactions.

The growth of Brevard County has reduced coastal hardwood hammocks, with their rich mixtures of tropical and temperate plants, to a few isolated remnants. The Maritime Hammock Initiative CARL project will protect several of the best hammocks left, adding to existing conservation areas whenever possible. This project will also protect habitat critical to several rare plants and animals, preserve stepping stones of forest for migrating birds, and allow the public in this urbanizing area to learn about and enjoy these pieces of the original landscape.

The property will be managed by the County as a botanical site and county park. Public uses will include limited picnicking and environmental education.

This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 7, Pages 1-30)

RECOMMEND APPROVAL

LOCATION:  Sections 18 and 19, Township 33 South, Range 18 East; Sections 22 through 27, Township 33 South, Range 17 East

CONSIDERATION:  $750,000 (Board of Trustees’ 50 percent share of the total purchase price of $1,500,000)

APPRAISED BY TRUSTEES’

REVIEW Pallardy Schaefer APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (05/31/95) (04/28/95) VALUE PRICE DATE

811010 Terra Ceia Isles 1,390 $3,250,000 $3,515,000 $3,515,000 $750,000 180 days

after BOT

The parcel was purchased by the Southwest Florida Water Management District (District) at a foreclosure auction prior to its placement on the CARL Bargain/Shared Project List. The parcel was subsequently placed on the CARL Bargain/Shared project list along with other parcels in the immediate vicinity. Because the purchase was made prior to an acquisition agreement with the District being approved, the transaction is being conducted as a standard purchase.

There is an existing two-story structure on the property which was constructed in 1909. Due to the age, condition and location of the structure, the appraisers have not given it contributory value. The managing agency intends to renovate the structure for use as an administrative office and a visitor’s center.

All mortgages and liens will be satisfied at the time of closing.  In the event the commitment for title insurance, to be obtained prior to closing, reveals any other encumbrances which may affect the value of the property or the proposed management of the property, staff will so advise the Board of Trustees prior to closing.

The mangrove swamps and flatwoods on the islands and mainland around Terra Ceia Bay are some of the last natural lands left on the southeast shore of Tampa Bay. The Terra Ceia CARL project will protect and restore this natural area, helping to preserve the fishery and manatee feeding grounds in Terra Ceia Aquatic Preserve and giving the public an area in which to fish, boat, and enjoy the original landscape of Tampa Bay.

Pursuant to section 259.032(9)(b)2., F.S., staff recommends that the Board of Trustees designate the Department of Environmental Protection, Division of Marine Resources as the managing agency for this site. It will be managed as a buffer preserve with uses such as boating and fishing, and, in accessible uplands, activities like picnicking and hiking.

Section 259.032(9)(b)2., F.S., requires that the Board of Trustees, concurrent with its approval of the initial acquisition agreement within a project, "evaluate and amend, as appropriate, the management policy statement for the project as provided by section 259.035,

F.S., consistent with the purposes for which the lands are acquired." The management policy statement for this project was included in the 1997 CARL Annual Report adopted by the Board of Trustees on February 11, 1997. Staff recommends that the Board of Trustees confirm the management policy statement as written:

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 8, Pages 1-53)

RECOMMEND APPROVAL

REQUEST: Consideration of (1) authorization to acquire an undivided 50 percent interest from the South Florida Water Management District in 18,957 acres within the Okaloacoochee Slough CARL project; (2) designation of Department of Agriculture and Consumer Services, Division of Forestry as managing agency; and (3) confirmation of the management policy statement.

COUNTIES: Hendry and Collier

LOCATION: Sections 24, 25 and 36, Township 44 South, Range 29 East; Sections 01, 12, 13 and 24, Township 45 South, Range 29 East; Sections 19 and 29 through 32, Township 44

South, Range 30 East; Sections 05 through 08, 17 through 22, 27 through 30 and 32 through 36, Township 45 South, Range 30 East; Sections 01 through 04 and 10 through 12, Township 46 South, Range 30 East; Section 31, Township 45 South, Range 31 East

CONSIDERATION: $5,023,605 (The Board of Trustees’ 50 percent share of the total purchase price of $10,047,210, to be adjusted upward or downward at the rate of $530 per acre in accordance with the final surveyed acreage.)

STAFF REMARKS: The Okaloacoochee Slough CARL project is ranked number 14 on the CARL Bargain/Shared 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 29,495 acres. The South Florida Water Management District (District) has acquired 21,702 acres, leaving 7,793 acres or 26 percent of this project to be acquired.

Okaloacoochee Slough was placed on the CARL list in 1996 as a shared acquisition but was not eligible for funding under the FY96/97 workplan. In anticipation of funding becoming available under the FY97/98 workplan, the District proceeded with the acquisition of a portion of the Alico ownership and closed on the initial purchase on December 4, 1996, following the same District procedures and guidelines outlined in the proposed acquisition agreement. The District contracted to purchase the Alico ownership at 96 percent of the appraised value. On December 16, 1997, the Board of Trustees authorized staff to enter into an acquisition agreement with the District to acquire the Alico, Inc. ownership located in the first phase of the Okaloacoochee Slough CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S.

Pursuant to the terms of the acquisition agreement, the District shall be reimbursed 50 percent of all costs associated with its attempt to acquire lands within the project, including all pre-acquisition and closing related costs. Title to the property acquired will vest jointly in the Board of Trustees and District, with each owning an undivided 50 percent fee simple interest. The Board of Trustees' purchase price will be 50 percent of the contract per acre price for 18,957 acres in tracts 100-001 and 100-002, negotiated by the District, plus 50 percent of the costs incurred in the purchase of the property. The request pending before the Board of Trustees excludes a 2,745-acre section of tract 100-001 purchased by the District. The District is negotiating with an adjacent landowner within this project to exchange the District’s fee interest (subject to the District’s reservation of a perpetual conservation easement) in the 2,745 acres for a conservation easement over tract 100-009. Tract 100-009 contains a portion of the slough and is important to the project. In conjunction with this exchange the District is also negotiating to purchase fee title to an additional 2,560 acres owned by Alico, Inc. shown on the map as tracts 100-013 and 100-014. Following the completion of the exchange or the termination of negotiations, the remaining 2,745 acres in tract 100-001 will be submitted to the Board of Trustees for approval of the purchase of the District’s retained estate.

As provided for in the acquisition agreement, on May 14, 1998, the Governing Board of the District adopted Resolution No. 98-44, requesting reimbursement of the Board of Trustees’ share of the purchase price for the Alico, Inc. parcel, reimbursement of 50 percent of its preacquisition costs and reimbursement of 50 percent of its closing costs (recording, title insurance policy and survey costs). Pursuant to the acquisition agreement, the preacquisition and closing costs will be reimbursed from CARL incidental expense funds. The District’s resolution contains all of the assurances required by the acquisition agreement.

The most significant natural area in agricultural Hendry County may be the large, nearly pristine sawgrass marsh known as Okaloacoochee Slough, which forms the head of the flow of

water that eventually supplies the Fakahatchee Strand and the mangrove swamps of the Ten Thousand Islands. The Okaloacoochee Slough CARL project will conserve a large part of the slough and the surrounding pinelands and hammocks, protecting habitat critical to the survival of the Florida panther and other wildlife, ensuring a continued supply of water to natural areas downstream, and providing the public an area in which to hike, hunt, and camp.

Pursuant to section 259.032(9)(b)2., F.S., staff recommends that the Board of Trustees designate the Department of Agriculture and Consumer Services, Division of Forestry as the managing agency for this site. It will be managed as a wildlife management area.

Section 259.032(9)(b)2., F.S., requires that the Board of Trustees, concurrent with its approval of the initial acquisition agreement within a project, "evaluate and amend, as appropriate, the management policy statement for the project as provided by section 259.035, F.S., consistent with the purposes for which the lands are acquired." The management policy statement for this project was included in the 1997 CARL Annual Report adopted by the Board of Trustees on February 11, 1997. Staff recommends that the Board of Trustees confirm the management policy statement as written:

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 1-28)

REQUEST: Authority to enter into an acquisition agreement with the St. Johns River Water Management District for the Indian River Lagoon Blueways CARL project.

COUNTIES: Volusia, Brevard, Indian River, St. Lucie, and Martin

STAFF REMARKS: The Indian River Lagoon Blueways CARL project is ranked number 15 on the 1998 CARL Bargain/Shared List approved by the Board of Trustees on February 10, 1998, and is anticipated to be funded under the Division of State Lands’ 1998/1999 Land Acquisition Workplan. The proposed agreement covers 5,136 acres, which are project lands within the St. Johns River Water Management District (District) boundary.

To facilitate the acquisition of this project, the District has offered to take the lead in the acquisition of this joint project. Department of Environmental Protection (DEP) staff has prepared an agreement that would allow the District to acquire the Indian River Lagoon Blueways CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S. On September 13, 1994, the Board of Trustees approved the use of the District's procedures to allow the District to acquire lands to be held jointly by the Board of Trustees and the District.

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

Incorporated into the agreement are a number of assurances that the District is giving the Board of Trustees in return for its consideration of this agreement. The District has agreed to: (1) comply with the procedures set out in section 373.139, F.S.; (2) defend the Board of Trustees against all title and survey disputes or defects and environmental contamination associated with each acquisition negotiated by the District that were either known or should have been known by the District at the time the District acquired the parcel; and (3) reimburse the Board of Trustees 50 percent of any overpayment of the purchase price if an audit or investigation determines that the purchase price paid exceeded the actual appraised value.

Pursuant to the proposed agreement, District staff will obtain and review appraisals, negotiate a purchase contract and secure the approval of its Governing Board. The District will provide DEP’s Division of State Lands with a board resolution requesting reimbursement of the Board of Trustees' share of the purchase price. DEP staff will seek approval for the Board of Trustees' share of the purchase price for each parcel the District contracts to purchase. In addition, the agreement provides for the District to be reimbursed 50 percent of all costs associated with its attempt to acquire lands within the project, including all pre-acquisition and closing related costs, with the pre-acquisition costs and certain closing costs being reimbursed even if the District is unsuccessful in acquiring any property. The agreement authorizes DEP staff to reimburse these costs from CARL incidental expense funds previously released by the

Board of Trustees. If the Board of Trustees approves a specific purchase, the District will proceed to closing with title to be vested jointly, with the District and the Board of Trustees each holding an undivided 50 percent interest.

The Indian River Lagoon Blueways CARL project will be managed by the Department of Environmental Protection, Division of Marine Resources as an addition to adjacent aquatic preserves. Cooperating managers will be Brevard County Environmentally Endangered Lands Program, Brevard Mosquito Control, Indian River Mosquito Control, Florida Game and Fresh Water Fish Commission, St. Johns River Water Management District, and South Florida Water Management District.

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 1-8)

REQUEST: Authority to enter into an acquisition agreement with the St. Johns River Water Management District for the Newnan’s Lake CARL project.

COUNTY: Alachua

LOCATION: Sections 04, 05, 07 through 10, 15 through 22, 27 through 30 and 34, Township 09 South, Range 21 East; and Sections 03, 06, 07, 10, 15, 16, 20, 21 and 29, Township 10 South, Range 21 East

STAFF REMARKS: The Newnan’s Lake CARL project is ranked number 19 on the CARL Bargain/Shared Project List approved by the Board of Trustees on February 10, 1998, and is anticipated to be funded under the Division of State Lands’ 1998/1999 Land Acquisition Workplan. The proposed agreement covers 12,585 acres, excluding any parcels previously acquired by the St. Johns River Water Management District (District).

To facilitate the acquisition of this project, the District has offered to take the lead in the acquisition of this joint project. Department of Environmental Protection (DEP) staff has prepared an agreement that would allow the District to acquire the Newnan’s Lake CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S. On September 13, 1994, the Board of Trustees approved the use of the District's procedures to allow the District to acquire lands to be held jointly by the Board of Trustees and the District.

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

Incorporated into the agreement are a number of assurances that the District is giving the Board of Trustees in return for its consideration of this agreement. The District has agreed to:

(1) comply with the procedures set out in section 373.139, F.S.; (2) defend the Board of Trustees against all title and survey disputes or defects and environmental contamination associated with each acquisition negotiated by the District that were either known or should have been known by the District at the time the District acquired the parcel; and (3) reimburse the Board of Trustees 50 percent of any overpayment of the purchase price if an audit or investigation determines that the purchase price paid exceeded the actual appraised value.

Pursuant to the proposed agreement, District staff will obtain and review appraisals, negotiate a purchase contract and secure the approval of its Governing Board. The District will provide DEP’s Division of State Lands with a board resolution requesting reimbursement of the Board of Trustees' share of the purchase price. DEP staff will seek approval for the Board of Trustees' share of the purchase price for each parcel the District contracts to purchase. In addition, the agreement provides for the District to be reimbursed 50 percent of all costs associated with its attempt to acquire lands within the project, including all pre-acquisition and closing related costs, with the pre-acquisition costs and certain closing costs being reimbursed even if the District is unsuccessful in acquiring any property. The agreement authorizes DEP staff to reimburse these costs from CARL incidental expense funds previously released by the Board of Trustees. If the Board of Trustees approves a specific purchase, the District will proceed to closing with title to be vested jointly, with the District and the Board of Trustees each holding an undivided 50 percent interest.

The Newnan’s Lake CARL project will be managed by the Department of Agriculture and Consumer Services, Division of Forestry (north of State Road 20) under a multiple-use management regime as a state forest and the Department of Environmental Protection, Division of Recreation and Parks (south of State Road 20) as part of 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 1-8)

REQUEST: Authority to enter into an acquisition agreement with the St. Johns River Water Management District for the Twelve Mile Swamp CARL project.

COUNTY: St. Johns

LOCATION: Sections 09 through 11, 13 through 16, 21 through 24, 27, 28, 33 through 36, 38, 39 and 42 through 45, Township 05 South, Range 28 East; Sections 29 through 32 and 41 through 43, Township 05 South, Range 29 East; Sections 01 through 03, 10 through 13, 23 through 25, 36, 39, 45, 46 and 48, Township 06 South, Range 28 East; Sections 04 through 06, 08, 09, 16 through 21, 28 through 33, 46, 58 through 64, 66 through 72 and 75 through 78, Township 06 South, Range 29 East; and Sections 03 through 06, 08 through 10, 37 and 53, Township 07 South, Range 29 East.

STAFF REMARKS: The Twelve Mile Swamp CARL project is ranked number 33 on the CARL Bargain/Shared List approved by the Board of Trustees on February 11, 1997. The

project is not currently funded under the 1998/1999 Division of State Lands’ Land Acquisition Workplan and is ineligible for funds at this time because it is not within the Land Acquisition and Management Council (LAMAC)’s recommended multi-year plan. The proposed agreement covers the entire 26,315-acre project.

To facilitate the acquisition of this project, the St. Johns River Water Management District (District) has offered to take the lead in the acquisition of this joint project. Department of Environmental Protection (DEP) staff has prepared an agreement that would allow the District to acquire the Twelve Mile Swamp CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S. On September 13, 1994, the Board of Trustees approved the use of the District's procedures to allow the District to acquire lands to be held jointly by the Board of Trustees and the District.

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

Incorporated into the agreement are a number of assurances that the District is giving the Board of Trustees in return for its consideration of this agreement. The District has agreed to: (1) comply with the procedures set out in section 373.139, F.S.; (2) defend the Board of Trustees against all title and survey disputes or defects and environmental contamination associated with each acquisition negotiated by the District that were either known or should have been known by the District at the time the District acquired the parcel; and (3) reimburse the Board of Trustees 50 percent of any overpayment of the purchase price if an audit or investigation determines that the purchase price paid exceeded the actual appraised value.

Pursuant to the proposed agreement, the District shall obtain written confirmation from DEP’s Division of State Lands (DSL) regarding the availability of funds prior to initiating negotiations for any parcel or proceed with the understanding that any acquisitions pursued without this confirmation will be at the District’s sole cost and expense. District staff will obtain and review appraisals, negotiate a purchase contract and secure the approval of its Governing Board. If and when CARL funds become available, the District will provide DSL with a board resolution requesting reimbursement of the Board of Trustees' share of the purchase price. DEP staff will seek approval for the Board of Trustees' share of the purchase price for each parcel the District contracts to purchase. In addition, the agreement provides for the District to be reimbursed 50 percent of all costs associated with its attempt to acquire lands within the project, including all pre-acquisition and closing related costs, with the pre-acquisition costs and certain closing costs being reimbursed even if the District is unsuccessful in acquiring any property. The agreement authorizes DEP staff to reimburse these costs from CARL incidental expense funds previously released by the Board of Trustees. If the Board of Trustees approves a specific purchase, the District will proceed to closing with title to be vested jointly, with the District and the Board of Trustees each holding an undivided 50 percent interest.

The Twelve Mile Swamp CARL project will be managed by the Department of Agriculture and Consumer Services, Division of Forestry as a state forest, with such uses as camping, hiking, hunting and horseback riding.

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 1-8)

REQUEST:  Consideration of an option agreement to acquire 139.9 acres within the South Walton County Ecosystem CARL project from Emerald Coast RV & Golf Resort, Inc.

COUNTY:  Walton

LOCATION:  Section 32, Township 02 South, Range 20 West

CONSIDERATION:  $7,000,000

APPRAISED BY

REVIEW Diskin Martin APPROVED PURCHASE OPTION

NO. PARCEL ACRES (11/10/97) (11/05/97) VALUE PRICE DATE

811017 Emerald 139.9 $7,080,000 $6,000,000 $7,080,000 $7,000,000 60 days after

BOT approval

In 1992, the RV Park was added to the Topsail Hill CARL project. Subsequently, it was incorporated into the South Walton County Ecosystem CARL project. The purpose of adding the RV Park was to provide lands suitable for location of camping facilities without placing these facilities within the interior of the park. In 1997, the Land Acquisition and Management Advisory Council (LAMAC) approved the management plan for the Topsail Hill State Preserve recommending that high priority be placed on finding an access to the beach at the east end of the Preserve to minimize the impact of a road to other portions of the Preserve. Acquisition of the RV Park will help satisfy both of these needs.

The RV Park is a fully functional facility with patrons holding reservations well into the future. The Division of Recreation and Parks (R&P) feels it is important to maintain uninterrupted operation of that facility and is, therefore, willing to accept responsibility for the property’s improvements. The R&P is also prepared to accept the seventeen outstanding leases previously entered into by the seller. The leases contain provisions for each tenant to extend the term of his lease for seventeen years. The landlord may, with sixty days written notice, terminate the lease. The landlord would be responsible for relocating the tenant’s mobile home. It is likely, however, that these leases will be eventually phased out and that other operational modifications will be made to bring the campground more into consistency with what is normally considered a state park operation.

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.

Where the Gulf of Mexico meets the coast of Walton County is a line of some of the most beautiful beaches and dunes in the world, backed by sparkling freshwater lakes and pine flatwoods and marshes spreading to Choctawhatchee Bay - one of the largest natural areas on

the northern Gulf coast. The South Walton County Ecosystem project will conserve a part of this unique coast and the forest behind it, linking three state parks; protecting several rare plants and rare animals such as the Choctawhatchee beach mouse and red-cockaded woodpecker; and providing residents and tourists a scenic area in which to enjoy many recreational activities, ranging from hunting and fishing to hiking, picnicking, and sunbathing.

This property will be managed by the Division of Recreation and Parks as part of the Topsail Hill 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 13, Pages 1-29)

RECOMMEND APPROVAL

REQUEST:  Consideration of an option agreement to acquire 8.35 acres within the Florida Springs Coastal Greenway CARL project from the A. D. Williams Trust.

COUNTY:  Citrus

LOCATION:  Section 20, Township 18 South, Range 17 East

CONSIDERATION:  $400,000

APPRAISED BY

REVIEW Schaefer Dohring APPROVED PURCHASE OPTION

NO. PARCEL ACRES (08/25/95) (07/19/95) VALUE PRICE DATE

811005 Williams/65 8.35 $430,000 $430,000 $430,000 $400,000 180 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.

The ragged coastline of Citrus County, with its salt marshes, clear spring runs, hammocks, and flatwoods, is being affected by the explosive growth of this part of the state. The Florida

Springs Coastal Greenway CARL project will conserve the natural landscape of this coast, protecting the water quality of the spring runs and estuaries where endangered manatees congregate, preserving natural lands that link with conservation lands to the south, and providing scenic areas in which the public can enjoy fishing, hiking, or learning about the natural world of this coast.

This property will be managed by Division of Marine Resources as a part of the Crystal River State Buffer 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 14, Pages 1-29)

RECOMMEND APPROVAL

COUNTY:  St. Lucie

LOCATION:  Sections 12 and 14, Township 36 South, Range 40 East

CONSIDERATION:  $34,000

APPRAISED BY

REVIEW Gray APPROVED PURCHASE OPTION

NO. PARCEL ACRES (09/19/97) VALUE PRICE DATE

811006 Fox/27 1.50 $ 9,000 $ 9,000 $ 9,000 180 Days

811007 Younkin/42 2.50 $ 25,000 $25,000 $25,000 after BOT

4.00 $34,000 $34,000 approval

All mortgages and liens will be satisfied at the time of closing.  In the event the commitments for title insurance, to be obtained prior to closing, reveal any other encumbrances which may affect the value of the properties or the proposed management of the properties, staff will so advise the Board of Trustees prior to closing.

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

Around Fort Pierce a chain of marshes and lakes separating inland pine flatwoods from the coastal scrub on the high Atlantic Ridge has survived the rapid development of St. Lucie and Martin counties. The South Savannas CARL project will conserve these coastal freshwater

marshes and the nearby flatwoods and scrub so that the wildlife and plants of this area, some extremely rare, will continue to survive and the public can learn about and enjoy this scenic remnant of the original southeast Florida.

The properties will be managed by the Division of Recreation and Parks as part of the Savannas State Preserve.

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 15, Pages 1-25)

RECOMMEND APPROVAL

REQUEST:  Consideration of (1) two purchase agreements to acquire 2.83 acres within the Cape Romano Barrier Island Acquisition project from Mildred B. Nolen and John W. and Melinda Eich; and (2) a request for survey waivers.

COUNTY:  Collier

LOCATION:  Sections 02 and 11, Township 53 South, Range 26 East

CONSIDERATION:  $22,500

REVIEW Miller APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (10/05/97) VALUE PRICE DATE

811003 Nolen/23A,B&C 2.03 $14,300 $14,300 $14,300 180 days

811004 Eich/28 0.80 $ 8,200 $ 8,200 $ 8,200 after BOT

2.83 $22,500 $22,500 approval

Both entire properties are subject to outstanding oil, gas and mineral interests in favor of Mary E. Sweeting and William D. Hixon, Trustee. Staff recommends acquiring the properties subject to the outstanding interests. The Bureau of Geology determined that the sediment with the greatest potential for development is sand. The Bureau of Appraisal has indicated that the outstanding interests do not affect the market value of the properties. Rookery Bay National Estuarine Research Reserve, the future managing agency, has determined that the properties can be effectively managed subject to the outstanding oil, gas and mineral interests.

All mortgages and liens will be satisfied at the time of closing.  In the event the commitments for title insurance, to be obtained prior to closing, reveal any other encumbrances which may affect the value of the properties or the proposed management of the properties, staff will so advise the Board of Trustees prior to closing.

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

• the parcels are surrounded by both state-owned land and by land the state intends to acquire;
• the parcels are located within a section in which the controlling land corners have been recently surveyed by Southern Mapping Technology, Inc. and the survey drawing is acceptable for computing acreage;
• the parcels are in their natural unimproved condition;
• although the parcel lines were not surveyed, it appears that the boundaries of the parcels do not adjoin fences or improvements other than those managed by the state; and
• the parcels were visually inspected in January 1998.

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

The purchaser will absorb all acquisition costs, which may include title commitments, surveys, environmental site assessments and recording and documentary stamps, by either paying directly or reimbursement.

The Cape Romano complex consists of a series of undeveloped islands, which form the southern end of the 37-mile stretch of beaches and barrier islands in Collier County. These beaches serve as critical nesting habitat for the endangered Atlantic loggerhead sea turtle, least tern and black skimmer. Most of the islands are fringed by mangroves and have intertidal seagrass beds, alga beds and oyster reefs. These habitats serve as nursery areas for larval and juvenile finfish and shellfish, many of commercial and recreational importance, and also provide forage for manatees, sea turtles, a variety of shorebirds and larger fish. Public acquisition of the lands will help ensure long-term preservation of pristine coastal resources that can be utilized by listed species, as well as for research and public education.

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

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 16, Pages 1-33)

RECOMMEND APPROVAL

COUNTY: Osceola

APPLICANT: Florida Game and Fresh Water Fish Commission

LOCATION: Sections 26 through 29, Township 29 South, Range 33 East

CONSIDERATION: $1,773,500

APPRAISED BY

REVIEW Lentz Holden APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (08/21/96) (08/21/96) VALUE PRICE DATE

811014 U.S.Marshal 2,086.47 $2,190,000 $2,085,000 $2,190,000 $1,773,500 180 Days

After BOT

approval

STAFF REMARKS: This acquisition was negotiated by the Florida Game and Fresh Water Fish Commission (G&F) under the P2000 program. This property is within the Three Lakes Wildlife Management Area and is ranked number 2 on the current G&F Acquisition list.

The property is improved with two residences, fencing and a grass air strip. The residences have been vandalized and are in a state of disrepair. Both appraisers indicate that the improvements are minimal and do not contribute any additional value to the overall property. G&F is aware of the improvements and does not feel they will affect the management of the property.

This property is potentially subject to outstanding oil, gas, and mineral interests in favor of multiple owners. These outstanding interests affect the entire property. The seller is willing to attempt to acquire the outstanding leasehold interests prior to closing, but indicates that since this property was forfeited to the United States Government under federal forfeiture laws (Title 21, United States Code) as part of a federal law enforcement action, any and all outstanding claims and interests affecting the property were extinguished through the federal forfeiture process. The Bureau of Geology determined that based on the geologic database this parcel does not appear to contain any major economic reserves and that the potential for economic development of the minerals on the property is considered slight. Locally, the overlying sands and clays might be useful as a fill material or for horticultural purposes. The potential for oil and gas productions at this site is considered low. The Bureau of Appraisal has determined the outstanding interests do not adversely influence value. In the event that a determination is made that the outstanding interests were not extinguished in the federal forfeiture process and the seller is unable to acquire the outstanding interests, the G&F recommends acquiring the property subject to the outstanding oil, gas and mineral interests, as it has determined that the property can be effectively managed subject to the outstanding interests.

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, an environmental site assessment and a title insurance policy will be provided by the G&F prior to closing.

The seller is unable to agree to the standard price adjustment clause in the contract due to the policies and procedures governing the forfeiture of real property to the U.S. Marshal’s office. The G&F approved the contract without this clause and recommends that the Board of Trustees approve it for the following reasons:

• There appears to be no likelihood in which the final Department of Environmental Protection, Division of State Lands’ (DSL) approved value of the property will be less than the purchase price, considering the present difference between the appraised value of the tract and the actual purchase price;

Board of Trustees

• The survey contractor for this project has provided DSL with a certified acreage calculation which projects little if any acreage adjustments for this site; and
• There are no other factors evident, at the present time, such as encumbrances or other defects, which would substantially affect the approved value of the property.

The tract is bordered on the north, west, and south by the Three Lakes Wildlife Management Area, and contains pine flatwoods, xeric scrub, and palmetto-dominated dry prairie communities providing important wildlife habitat. Acquisition of this land will create a more complete pattern of ownership for the wildlife management area, provide additional wildlife habitat, increase public access, and enhance the overall management of the Three Lakes Wildlife Management Area.

The property will be managed by the G&F as an addition to the Three Lakes Wildlife Management Area for natural resource conservation and resource-based public outdoor recreation within a multiple-use management regime.

This acquisition is consistent with section 187.201(10), the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 17, Pages 1-24)

RECOMMEND APPROVAL

REQUEST: Consideration of an option agreement to acquire 5,890 acres within the Big Bend Wildlife Management Area by the Florida Game and Fresh Water Fish Commission under the Preservation 2000 program from Four States Timber Venture and Tenneco Packaging, Inc.

COUNTIES: Taylor and Dixie

APPLICANT: Florida Game and Fresh Water Fish Commission

LOCATION: Sections 09, 10, 15, and 16, Township 06 South, Range 06 East; and Sections 18 through 20 and 27 through 30, Township 11 South, Range 10 East.

CONSIDERATION: $1,650,000

APPRAISED BY

REVIEW Santangini Thompkins APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (05/29/96) (06/07/96) VALUE PRICE DATE

5,890 $1,935,600 $1,650,000 approval

* Revised in May 1998

Acquisition list.

This property is subject to outstanding oil, gas and mineral interests in favor of Harlow Land and Louise Pinell. These outstanding interests affect approximately 40 acres of the Taylor County tract and approximately 600 acres of the Dixie County tract of property. The seller will attempt to acquire the outstanding interests prior to closing. The Bureau of Geology determined that the potential for oil and gas development on the property is considered slight. Based on the geologic database, the sediments in both the Taylor and Dixie County tracts are comprised of a veneer of quartz sand overlying dolomitic limestone which holds some potential for commercial development of limestone. The Bureau of Appraisal has determined the outstanding interests do not adversely influence the value of the parcels. In the event the seller is unable to acquire the outstanding interests, the GFC recommends acquiring the property subject to the outstanding oil, gas and mineral interests, as it has determined that the property can be effectively managed subject to the outstanding interests.

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, an environment site assessment and a title insurance policy will be provided by the GFC prior to closing.

These parcels represent significant gaps in the Big Bend Wildlife Management Area, and are composed of pine plantation, transitioning through hardwood swamp and coastal salt marsh communities to the open waters of the Gulf of Mexico. Acquisition of this land will create a contiguous pattern of state ownership along this portion of the coastline, provide additional wildlife habitat, increase public access and enhance the overall management of the Big Bend Wildlife Management Area.

The property will be managed by the GFC as an addition to the Big Bend Wildlife Management Area for natural resource conservation and resource-based public outdoor recreation within a multiple-use management regime.

This acquisition is consistent with section 187.201(10), the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 18, Pages 1-38)

REQUEST: Consideration of an option agreement to acquire 1,890 acres by the Florida Department of Agriculture and Consumer Services, Division of Forestry and the Florida Game and Fresh Water Fish Commission under these respective agencies’ Preservation 2000 programs from the Trust for Public Land.

COUNTY: Gadsden

APPLICANTS: Florida Department of Agriculture and Consumer Services, Division of

Forestry and Florida Game and Fresh Water Fish Commission

LOCATION: Lots 06 through 13, 19, 80 and 81 of the Forbes Purchase.

CONSIDERATION: $5,700,000

APPRAISED BY

REVIEW Wright Ketchum APPROVED PURCHASE OPTION

NO. PARCEL ACRES (12/19/97) (12/19/97) VALUE PRICE DATE

811016 TPL-Gadsden 1,890 $5,425,000 $5,915,000 $5,915,000 $5,700,000 180 Days

After BOT

approval

Preliminary title work indicates there is an outstanding oil, gas, and minerals leasehold interest which may encumber the subject property. The seller has indicated that this outstanding leasehold interest will be resolved prior to closing. The Bureau of Geology believes that the surficial sediments do not have much potential for commercial development, and the potential for oil and gas production is very low. The appraisers have indicated that the outstanding interests do not affect the market value of the property. DOF and GFC, the future managing agencies, have determined that the properties can be effectively managed subject to the outstanding oil, gas and mineral interests.

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 will be provided by the seller prior to closing. Upon closing, the purchasers will reimburse the seller’s title insurance, survey and environmental site assessment costs.

Once acquired, this property will be managed cooperatively by DOF as part of the Lake Talquin State Forest, and by GFC as part of the Joe Budd Wildlife Management Area. This parcel is adjacent to each of these managed sites and will consolidate state forest and wildlife management area boundaries in the area, provide access, and improve overall management of these areas. This property will be managed for natural resource conservation and outdoor recreation activities under a multiple-use management regime.

This acquisition is consistent with section 187.201(10), the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 19, Pages 1-31)

RECOMMEND APPROVAL

COUNTY: Marion

LOCATION: A portion of Lot 12, Bullocks Subdivision, Section 19, Township 15 South, Range 22 East, Marion County. 1041 S.W. First Avenue, Ocala, Florida. State Land Inventory No. 42-0810.0, containing 0.57 acre, more or less.

CONSIDERATION: $361,075, to be deposited in the Internal Improvement Trust Fund

STAFF REMARKS: The subject surplus property includes a one-story masonry building which contains 6,492 square feet. Historically the property was used by the Department of Health and Rehabilitative Services (now Department of Children and Family Services) as a health care facility and more recently for personnel connected with the Child Support Enforcement program which was transferred to the Department of Revenue. Once the property was vacated by the Child Support Enforcement personnel, the Department of Children and Family Services had no further use for the property and so notified the Department of Environmental Protection, Division of State Lands (DSL), requesting a release from its lease.

State agencies and local governments were duly notified of the availability of the property; however, none responded. Therefore, on January 23, 1997, the Land Management Advisory Council designated the property as surplus. In July 1997, DSL advertised the property for lease. No bids were received.

In May 1998, DSL advertised the property for sale and the following is a tabulation of the bids received and considered by the advertised deadline:

OFFER SUBMITTED BY AMOUNT OF BID

Clay Albright, Inc. $361,075

A. J. Barhoush, MD PA Profit Sharing Plan and Trust $201,000*

*This bid was rejected because the contract was not signed.

The market value of the property on November 10, 1997, as appraised by Andrew V. Santangini, MAI, (George L. Emmel, IV) was $275,000.

Subsequent to the submittal of its bid, Clay Albright, Inc., informed DSL that, should its bid be accepted, it intends to assign the Contract For Sale to Robert Clayton Albright, Trustee.

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 surplus land sales are not subject to the local government planning process.

(See Attachment 20, Pages 1-28)

COUNTY: Leon

APPLICANT: Department of Management Services

STAFF REMARKS: In 1990, The St. Joe Company (St. Joe), formerly known as St. Joe Paper Company, donated 273.1 acres, more or less, of land to the Board of Trustees for the development of a state agency office complex in Tallahassee. The resulting Southwood Complex now includes several buildings housing state agencies such as the Department of Management Services (DMS) and Department of Community Affairs. St. Joe owns the land surrounding the complex and proposes to develop the area for a combination of commercial and residential uses.

St. Joe recently approached DMS with an offer to exchange four parcels of land it owns totaling 152.95 acres in the vicinity of the Southwood Complex for two parcels of state-owned land containing 77.41 acres. The state-owned land is a portion of the land originally donated by St. Joe and is presently undeveloped. While no appraisals have yet been done, it is anticipated that the value of the 152.95-acre St. Joe parcel will exceed the value of the 77.41-acre state parcel. The exchange is proposed as a parcel-for-parcel swap, under which the state would not have to compensate St. Joe for any difference in value. DMS has recommended approval of the exchange, subject to negotiation of acceptable terms and conditions by St. Joe, DMS and the Board of Trustees.

The Department of State has indicated that its files show no significant archaeological or historical sites on record for the state-owned lands, nor are they considered likely to be present within the project area.

On June 11, 1998, the Land Acquisition and Management Advisory Council voted to recommend the exchange.

If the Board of Trustees conceptually approves the land exchange, the Division of State Lands, DMS and St. Joe will negotiate the final terms and conditions of the exchange, and an exchange agreement will be presented to the Board of Trustees for final approval.

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 disposition of land is not subject to the local government planning process.

(See Attachment 21, Pages 1-3)

REQUEST: Authorization to encumber specific parcels of state-owned land as a condition for the receipt of federal grant money.

COUNTY: Statewide

APPLICANT: Department of Environmental Protection (DEP)

STAFF REMARKS: When state land is purchased or restored using federal grant dollars or is used as a match for the federal funds, the federal government requires that the land purchased, restored or pledged as a match be used only for the purposes specified in the grant agreement. The federal requirements preclude the grant recipient from altering the use of those lands or from disposing of or encumbering them without the concurrence of the federal agency making the grant. The matching grants listed below require Board of Trustees’ approval because acquisition with federal grant dollars or the use of state land for a restoration project or as a grant match will result in certain restrictions on the future use of Board of Trustees’ property. Staff has reviewed these grants and has determined that the objectives of the state’s environmental land acquisition and management programs will be served if approval is granted. The grant conditions are consistent with the program needs that were established when the lands were originally selected for acquisition and will not limit the managers’ ability to carry out their management responsibilities.

The objective of the Suwannee River Greenway at Branford proposal is to build trailheads with parking areas, a 12-foot wide asphalt multipurpose trail, kiosks, drainage structures, bridges and informational signage in Suwannee County. The trail is four miles long, comprises 76.96 acres, and follows the abandoned rail corridor north and southeast of Branford. The project will be funded by the Federal Highway Administration for $544,000, and by the Florida Department of Transportation for $136,000. Title to the property is vested in the Board of Trustees and will be restricted to the recreation objectives of the project. No change in the alternative transportation use of Intermodal Surface Transportation Efficiency Act (ISTEA) funded improvements can take place for the useful life of the ISTEA funded improvements without federal approval.

The objective of the Nature Coast Greenway proposal is to build three trailheads with parking areas connected by a 12-foot wide asphalt multipurpose trail, kiosks, drainage structures, bridges and informational signage in Dixie, Levy and Gilchrist Counties. The 469-acre trail, consisting of three separate corridors totaling 31 miles in length, will connect Cross City, Trenton and Chiefland, and will converge at the railroad bridge over the Suwannee River just north of U.S. 19. The project will be funded by the Federal Highway Administration for $2,427,600, and by the Florida Department of Transportation for $606,900. Title to the property is vested in the Board of Trustees and will be restricted to the recreation objectives of the project. No change in the alternative transportation use of ISTEA funded improvements can take place for the useful life of the ISTEA funded improvements without federal approval.

The objective of the Cross Seminole Greenway project is to build trailheads with parking areas, a 14-foot wide asphalt multipurpose trail, kiosks, drainage structures, a bridge and informational signage in Seminole County. The 116-acre trail is 14.5 miles long and extends from the Orange/Seminole County line, through the cities of Oviedo and Winter Springs, to an area south of the Spring Hammock Preserve. The project will be funded by the Federal Highway Administration for $480,000, and by the Florida Department of Transportation for $120,000. Title to the property is vested in the Board of Trustees and will be restricted to the recreation objectives of the project. No change in the alternative transportation use of ISTEA funded improvements can take place for the useful life of the ISTEA funded improvements without federal approval.

The objective of the land bridge proposal is to span the 350-foot wide Interstate 75 right-of-way which bisects the full 6,000-foot width of the Cross Florida Greenway in Marion County. The land bridge will consist of a structure approximately 59 feet wide and will have landscaped berms with approximately four foot thick soil on the outer edges to serve as a visual and physical buffer. The actual trail and wildlife connector on the structure will be approximately 31 feet wide. The project will be funded by the Federal Highway Administration for $1,760,000 and by the Florida Department of Transportation for $440,000. Title to the property is vested in the Board of Trustees and will be restricted to the recreation objectives of the project. No change in the alternative transportation use of ISTEA funded improvements can take place for the useful life of the ISTEA funded improvements without federal approval.

The objective of the Queens Island Phase II proposal is to acquire approximately 103.62 acres in the Indian River Lagoon Region, an estuary of national significance. The acquisition of coastal salt marsh, mangrove swamps, maritime forest, and coastal strands and dunes will preserve, protect, and restore the natural barrier island communities. This land would add an additional buffer to the shoreline of the Indian River. This is a partnership acquisition with $1,178,750 from the Florida Communities Trust Program, $178,750 from St. Lucie County, and $1,000,000 from the United States Fish and Wildlife Service (USFWS). Title to the property will vest in St. Lucie County (50 percent) and the South Florida Water Management District (50 percent) and not in the Board of Trustees. However, if St. Lucie County, as the proposed manager of the property, ever converted the land to a use not authorized under the grant, the USFWS would look to the Department of Environmental Protection, as the grant applicant, to correct the situation by taking title and finding another manager or repaying the grant.

The objective of the West Orange Trail Phase II and Phase III projects is to build a 14-foot wide asphalt multipurpose trail, drainage structures, bridges, trailheads with restrooms, picnic pavilions, water fountains, playgrounds, kiosks, and informational signage in Seminole County. The Phase II trail is 14.5 miles long and Phase III is 3.5 miles long. These extensions of the West Orange Trail will connect Winter Garden, Ocoee and Apopka. The project will be funded by the Federal Highway Administration for $5,200,000, the Florida Department of Transportation for $650,000 and Orange County for $650,000. Title to the property is vested in the Board of Trustees and will be restricted to the recreation objectives of the project. No change in the alternative transportation use of ISTEA funded improvements can take place for the useful life of the ISTEA funded improvements without federal approval.

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

(See Attachment 22, Pages 1-7)

COUNTIES: Citrus and Hernando

LOCATION: Sections 13, 14, 15, 22, 23, 26, 27, 28, 33, 34 and 35, Township 20 South, Range 18 East; and Sections 03 and 04, Township 21 South, Range 18 East

CONSIDERATION: $3500 per acre plus interest

Since SCII is not currently funded for later phases (design, construction and right-of-way acquisition), and there is no assurance that the project will be pursued by DOT, the DOT is not currently in a position to participate in the purchase of a portion of the Hammock property. The DEP believes that a memorandum of understanding (MOU) between the Board of Trustees and DOT would be desirable to memorialize the negotiations including the purchase price and terms of conveyance for lands which might one day be conveyed to DOT.

Subsequent to the SCII partnering meetings, DOT entered into a settlement stipulation in an administrative proceeding concerning environmental permits for the Suncoast Parkway 1 Project with the Southwest Florida Water Management District (SWFWMD) and the Florida Audubon Society (Audubon) which impacts the future of the SCII project. Under the terms of this stipulation, DOT agreed that, due to lack of funding, the SCII project would not be built for ten years subsequent to the date of the stipulation, and further agreed to perform additional environmental and access management studies of SCII. The stipulation further provides for participation by Audubon in a "partnering approach" to the environmental permit process in addition to the regulatory and land management agencies.

At the March 24, 1998 Cabinet meeting, DEP presented an item for approval of the Sugarmill Woods (Hammock) acquisition and this MOU was deferred due to objections from Audubon. DEP was directed to re-negotiate the MOU to assure consistency with the SWFWMD/Audubon settlement stipulation and the interests of the land management agencies [Department of Agriculture and Consumer Services, Division of Forestry (DOF) and Florida Game & Fresh Water Fish Commission (GFC).] Audubon has indicated their concurrence in the new MOU, if SCII is built, by letter from Charles Lee dated June 8, 1998. The MOU now addresses the new partnering approach, whereby DOT, DEP, DOF, GFC and Audubon will address design, construction and operation of the SCII, as well as permitting issues in order to alleviate impacts of the SCII on management of the Withlacoochee State Forest. The MOU shall not influence the environmental feasibility of the SCII, including the decision relative to

the need to construct the project or the selection of a specific location. Although all of the details regarding management issues have not been addressed, the MOU enables a process for doing so, should the SCII project proceed. The MOU also recognizes the potential for the SCII project to cross the Hammock property and establishes the purchase price should the SCII project proceed.

The portion of the Sugarmill Woods property which represents the proposed SCII corridor will be acquired utilizing moneys from the CARL Trust Fund and the remainder of the parcel will be acquired utilizing P2000 funds. The MOU provides that when and if DOT secures funding for the acquisition and construction of SCII, the Board of Trustees will convey, and DOT will purchase, the necessary property for an amount equal to the approved appraised value of $3,500 per acre, plus interest at a rate equal to the average interest rate earned by the CARL Trust Fund.

(See Attachment 23, Pages 1-4)

REQUEST: Consideration of an application for a modification of a five-year sovereignty submerged land lease to (1) increase the preempted area from 169,993 square feet to 271,764 square feet, more or less, for an expansion of a commercial shipyard facility in conjunction with an upland ship repair and building facility; and (2) authorization for the severance of 178,200 cubic yards of sovereign material.

CONSIDERATION: $37,275.31, representing the initial lease fee computed at a base rate of $0.1130 per square foot for 268,456 square feet of preempted area and ten (10) times the base rate of $0.1130 per square foot for 3,308 square feet for the non-water dependent bulkhead and backfill area, and including the initial 25 percent surcharge payment for the additional area. The project qualifies for waiver of severance fee pursuant to section 18-21.011(3)(c), F.A.C. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable.

STAFF REMARKS: The applicant is proposing a lease modification to an existing ship repair and building facility. On July 23, 1991, the Board of Trustees approved a sovereignty submerged land lease containing 136,000 square feet, more or less, to Atlantic Dry Dock Corporation for an expansion of an existing commercial shipyard and repair facility. Pursuant to a Delegation of Authority, the former Department of Natural Resources modified the lease on December 8, 1992, to include a marine railway preempting 19,380 square feet which increased the lease area to a total of 155,236 square feet, more or less. On February 13, 1998, the Department of Environmental Protection (DEP), pursuant to a Delegation of Authority, modified the lease to reconfigure the lease boundaries and increase the preempted area to 169,993 square feet, more or less.

The current lease is composed of five (5) separate parcels. The proposed lease modification involves the parcels indicated in Items 1, 2 and 3 below. The modification is to: (a) increase the preempted area for the pier and mooring area in Item 1 from 117,890 square feet to 231,226 square feet; (b) reduce the preempted area in Item 2 for the non-water dependent bulkhead and backfill area from 6,834 square feet to 3,308 square feet; and (c) cancel the sheet pile toe wall in Item 3 and its 8,039 square-foot preempted area. No changes are proposed for Items 4 and 5. The proposed modification would increase the total preempted area of the lease by 62.5 percent, from 169,993 square feet to 271,764 square feet.

Parcels Existing Modified Proposed

Square footage Area Square footage

(1) a 646’ X 60" pier and mooring area 117,890 +113,336 231,226

(2) a bulkhead and backfill area 6,834 - 3,526 3,308

(3) a 400’ X 20’ sheet pile toe wall 8,039 - 8,039 0

(4) a marine railway 19,380 0 19,380

(5) a mooring area 17,850 0 17,850

TOTAL 169,993 101,771 271,764

The purpose of the expansion is to accommodate the berthing of a 754-foot long by 100-foot wide vessel currently moored at the pier and to provide space and adequate depths for the USS Sustain, a U.S. Navy dry dock, or a private dry dock. The applicant is pursuing a Navy contract to provide repair services such as hull scraping and painting for ships based at the Mayport Naval Station. The February 13, 1998 lease modification shifted the majority of the lease boundaries on the west side of the existing pier to the east side of the pier, expanded the lease area on the east side of the pier by 14,757 square feet and reduced the pier width from 80 feet to 60 feet. The modification was necessary to accommodate the 754-foot long by 100-foot wide vessel. The shifting of the lease boundaries in the February 13, 1998 modification eliminated the mooring area along the west side of the pier.

The applicant is now proposing to expand the lease area of the pier to allow for mooring on the west side of the pier. If the applicant is awarded the Navy contract, the vessel currently moored at the pier will be relocated to the west side of the pier and the USS Sustain will be moored on the east side of the pier. Regardless of the final outcome of the Navy contract award, the applicant still requests that the lease area be expanded to allow for mooring on the west side of the pier. The modified lease area would have three (3) mooring areas; one slip on each side of the pier and one within the existing 17,850 square foot mooring area (See Item 5 in chart above).

In order to accommodate the Navy dry dock, the applicant will need to dredge an additional 178,200 cubic yards of sovereign material to deepen the mooring area on the east side of the pier from -50.0 feet Mean Low Water (MLW) to - 56.0 feet MLW. If the applicant is not awarded the Navy contract, approval is still sought to dredge to - 56.0 MLW to accommodate any future dry dock that may be acquired. Dredging to -50.0 feet MLW on the east side of the pier was authorized by the original lease approved by the Board of Trustees on July 23, 1991. Pursuant to rule 18-21.011(3)(c), F.A.C., a waiver of the severance fee may be granted if the materials are placed on public property and used for public purposes, or if the dredged material has no economic value. According to a June 1, 1998 letter from the applicant the dredged material is to be placed on Bartram Island, a Jacksonville Port Authority publicly-owned disposal area.

In addition to the deepening on the east side of the pier, if awarded the Navy contract, the applicant will also need to dredge an access channel from the river to the pier. The access channel will be dredged to - 35.0 feet MLW. The activities approved by the Board of Trustees on July 23, 1991, included a 5.48+ acre private easement, #00268(4125-16), for an access channel to the pier. At the request of the applicant, the subject easement was canceled on

September 9, 1993, due to a lack of projected need. If awarded the Navy contract, the applicant will apply for a new private easement for the access channel leading to the pier. According to the applicant, the required surveys and appraisal for a private easement have been completed; however, the applicant does not wish to apply for the private easement at this time. The private easement for the access channel will be less than five (5) acres and can be authorized pursuant to Delegation of Authority.

Portions of the structures and activities within the existing lease area were previously permitted by DEP Wetland Resource Management permit 161530849 issued February 12, 1990. The permit is valid for a 10-year period from the date of issuance. The original permit authorized the construction of the 650-foot long by 80-foot wide pier, the 640 linear feet of bulkhead, the 400 linear foot sheet pile toe wall, and the dredging of 384,000 cubic yards of material to create two (2) ship berthing areas along the pier and one in the 17,850 square-foot mooring area. The permit was modified on June 28, 1990, to change the dredging method within the 17,850 square-foot mooring area from hydraulic dredging to clam shell. The permit was modified by DEP File No. 163031999 on April 24, 1997, to reduce the pier dimensions to 646-feet long by 60-feet wide, revise the permitted location of 430 linear feet of bulkhead 29 feet north (landward) to follow along the existing shoreline, eliminate the toe wall, which was never constructed, relocate an existing wastewater treatment outfall and authorize the use of a clam shell dredge for excavation. In preparation for the Navy contract, the applicant requested another permit modification to increase the dredging depths on the east side of the pier to allow for the submerging of the dry dock. The modification increases the depth from - 50.0 feet MLW to - 56.0 feet MLW as mentioned above. In addition to the increased depth, the modification includes a - 35.0 foot MLW access channel leading to the pier. The permit was modified by DEP File No. 16-138752-002-DF on June 3, 1998, to allow for the increased depth and access channel.

The original DEP Wetland Resource Management permit and subsequent modifications did not address or specifically authorize fueling, liveaboards and sewage pump out facilities. However, the current lease contains special lease conditions that address liveaboards and maintaining sewage pumpout facilities. The facility has a valid DEP Domestic Waste Permit for its sewage treatment system and a DEP Discharge Prevention and Response Certificate for the fueling facilities.

The Bureau of Protected Species Management (BPSM) has recommended conditions to incorporate with the lease modification. The conditions include standard manatee construction and informational displays which were included in the existing lease. In addition, the BPSM has recommended a condition to address the potential for blasting associated with the previously authorized and the proposed dredging permitted by the June 3, 1998 wetland resource permit modification. The wetland resource permit included conditions to address blasting during dredging. However, the original lease and subsequent modifications did not address this issue. The recommendations of BPSM are included as special lease conditions and specific conditions of the wetland resource permit.

A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (DCA) determined that the plan is not in compliance. In accordance with a Compliance Agreement between the DCA and the local government, an amendment has been adopted which brought the plan into compliance. The proposed action is consistent with the adopted plan as amended according to a letter from the City of Jacksonville’s Department of Planning and Development dated May 19, 1998.

(See Attachment 24, Pages 1-7)