Submittal of the minutes of the June 9, 1998, June 24, 1998, and July 14, 1998 Cabinet meetings.

REQUEST: Consideration of a final settlement in the case of Board of Trustees of the Internal Improvement Trust Fund. v. Sunland Estates, et al.

CONSIDERATION: $29,000

STAFF REMARKS: The Board of Trustees filed a lawsuit in 1992 against several defendants to quiet title to sovereignty submerged lands located in Monroe County and within the JHT subdivision that were filled without permits. These lands are also located within the boundaries of the North Key Largo Hammocks CARL project. Defendants other than Inocente Chang’s estate have heretofore settled with the Board of Trustees. This proposed settlement agreement will result in a final settlement of this lawsuit.

Inocente Chang was the record owner of lots 16, 17 and 18 in the JHT subdivision. Mr. Chang constructed a residence on his property that straddles lots 17 and 18. It is the Board of Trustees’ position in the pending litigation that certain portions of the JHT subdivision were illegally filled, including some portion of two of the above lots owned by Chang, and that title to these illegally filled lots is still vested in the Board of Trustees.

Mr. Chang died in 1995. At the time of his death, the proposed settlement agreement as discussed below had already been agreed upon by Mr. Chang and the Department of Environmental Protection. The administrator of the estate agreed to honor the proposed settlement agreement. However, the delay in effectuating the settlement agreement has been the delay in probating the estate.

Recognizing that it is generally not the policy of the Board of Trustees to acquire improved residential properties; and further recognizing that it is not the policy of the Board of Trustees to pursue quiet title actions against improved residential properties, staff has negotiated a settlement with Mr. Chang’s estate. In consideration for settling the lawsuit, Chang’s estate will convey to the Board of Trustees by warranty deed title to lot 16 for $29,000, which is the value determined by an appraisal of the property obtained on September 18, 1992. Lot 16 is an unimproved upland lot that will be an addition to John Pennekamp State Park. This conveyance will eliminate future condemnation costs to the state to acquire that lot. The grantor will furnish title insurance on lot 16 to the Board of Trustees. Mr. Chang’s estate will also convey to the Board of Trustees any interest it has in Tracts A and B of the JHT subdivision and the canal located within the subdivision. In exchange for these conveyances the Board of Trustees will issue a quit claim deed to Chang’s estate for lots 17 and 18, on which the house is located.

This will resolve all issues involving lots 16, 17 and 18 of the JHT subdivision, and will conclude the litigation.

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

(See Attachment 2, Pages 1-17)

COUNTY: Volusia

APPLICANT: Halifax River Yacht Club, Inc.

LOCATION: Section 39, Township 15 South, Range 33 East

STAFF REMARKS: The applicant has requested a disclaimer to an area under a dock and a clubhouse as "permanent improvements" pursuant to the Butler Act (Chapter 8537, Acts of 1921) and section 253.129, F.S. The courts in several recent decisions (e.g., Jacksonville Shipyards and Industrial Plastics) have held that wharves and docks constructed prior to the repeal of the Butler Act constitute "permanent improvements" for which disclaimers are appropriate.

An aerial photograph dated 1951 shows the dock and clubhouse in existence. Submerged lands lying to the west of the subject structures were filled-in and Board of Trustees’ instruments were issued. The clubhouse and dock are still in existence and are in current use. Additions not subject to the Butler Act have been constructed and will come under lease.

Staff recommends that because the lands subject to this disclaimer are subject to the inalienable public trust under which the Grantor acquired and holds title to sovereignty lands, a notice be included in the disclaimer providing that, if at any time or for any reason, the lands described herein are no longer bulkheaded or filled-in or permanently improved, and said lands are no longer being used or intended to be used for the purposes contemplated by the Butler Act, Grantor shall have the right to reclaim all right, title and interest in and to said lands as part of the public trust lands.

The Department of Environmental Protection (DEP) is currently engaged in rulemaking to adopt language providing for such notice. The applicant has agreed to accept this language in the disclaimer rather than waiting for a conclusion of the rulemaking process.

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

(See Attachment 3, Pages 1-12)

COUNTY: Dade

Deed No. 30052

APPLICANT: Dade County

LOCATION: Sections 14, 22, 23, 26, and 27, Township 52 South, Range 42 East; Biscayne Bay Aquatic Preserve

CONSIDERATION: $203.22, to be deposited in the State School Fund

STAFF REMARKS: Pursuant to Chapter 21170, Laws of Florida (1941), the Board of Trustees was directed to convey to Dade County, for public purposes only, all its right, title and interest in and to all submerged lands and partly submerged lands located in Biscayne Bay north of Baker’s Haulover in Dade County. Conveyance was to be made upon receipt of payment in the amount of $2.50 per acre, to be paid into the State School Fund. The act was one of several passed at that time which directed the Board of Trustees to convey various submerged land parcels to Dade County for $2.50 per acre. For unknown reasons, this conveyance never took place. Dade County noted the oversight while putting together a marina development project and has now requested that the conveyance be completed for the required payment of $203.22.

The deed restricts use of the land to public purposes. In the event the land is used for other than public purposes, title will revert to the Board of Trustees.

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 dispositions are not subject to the local government planning process.

(See Attachment 4, Pages 1-11)

REQUEST: Consideration of a policy regarding stilthouse structures located on sovereignty submerged lands throughout the State of Florida.

LOCATION: Statewide

STAFF REMARKS: Going back to at least 1960, the Board of Trustees has worked to develop a policy for dealing with stilthouses on submerged lands. Between 1960 and 1965, the Board of Trustees became aware that a number of stilthouses had been constructed in the tidal flats of Biscayne Bay without any authorization. At that time it was decided that existing structures would be given "campsite" leases but that no new structures would be allowed to be

built. Staff was directed to investigate the existing stilthouses and to offer them leases. Discovering that many of the structures had been damaged by a recent hurricane, the Board of Trustees agreed to issue leases only to those that complied with Dade County building and zoning regulations which allowed reconstruction only for those structures that were damaged less than 50 percent in the hurricane. Those leases contain provisions that the structures must be removed at the termination of the leases (1999) or upon the destruction of the structures. In 1979, the Board of Trustees dedicated certain state-owned submerged lands within Dade County to the federal government to be included in the expanded boundary of the Biscayne National Monument. The area where the stilthouses are located was included in this dedication and the stilthouse leases have been assigned to the National Park Service; therefore, federal policy, versus Board of Trustees policy, will apply to these sites in the future.

On December 5, 1969, The Board of Trustees was made aware that approximately 15 stilthouses had been built offshore of New Port Richey, Pasco County, without authorization. In 1968, Hurricane Gladys had destroyed or severely damaged most of these structures, and the owners applied to the Board of Trustees for campsite leases so that they could be rebuilt. Ultimately, 13 campsite leases were issued for five year terms. On August 3, 1976, the 13 Pasco County campsite leases were renewed for a period ending July 1, 1999. One campsite lease was subsequently canceled since it was completely destroyed by a tornado in 1983. Each of the 12 remaining leases contains a provision that the structure cannot be rebuilt if it is damaged and the cost to reconstruct would exceed 50 percent of the structure’s value. In addition, with one exception, each of the leases requires the lessee to remove the structure at the termination of the lease. Staff notified six lessees in 1994 that their leases were being canceled since their structures had been destroyed by an unnamed storm. In each case, the stilthouse itself was demolished leaving only the pilings. None of the six lessees challenged the cancellation. Now, however, four of the six lessees are asserting that their leases were not properly canceled and have submitted appraisals to support their contention that the remaining pilings are worth in excess of 50 percent of the value of the stilthouse. These appraisals were reviewed by the Bureau of Appraisal. Although only two of the four were approved, all four lease holders have requested that their leases be reinstated and are willing to pay back lease fees if their request is granted. Currently, all of the Pasco County leases are due to expire in 1999.

In 1983, the first grandfather registration program began and ten stilthouse structures located in Charlotte and Lee counties were registered. Under the provisions of rule 18-21.00405, F.A.C., grandfathered structures are to be converted to leases as of January 1, 1998. The registrants are and have been under the assumption that they will be issued a lease in accordance with the provisions of that program. There are also several existing stilthouse structures that are not currently under lease or registered as grandfathered facilities. Staff has requested from the various district offices information pertaining to those structures (i.e. number of existing, when the structures were placed, etc.).

During the 1997 legislative session, section 253.03, F.S., was amended to provide that structures which are listed in or are eligible for the National Register of Historic Places or the State Inventory of Historic Places and which have a submerged land lease, or have been grandfathered in to use sovereignty submerged lands until January 1, 1998, pursuant to chapter 18-21.00405, F.A.C., shall be allowed to apply for an extension of such lease. In early 1998, the Department of State listed all of the Pasco County stilthouses on the Florida Master Site File, which is equivalent to the State Inventory of Historic Places. One of the Lee County stilthouses is on the Florida Master Site File.

The policy of the Board of Trustees since at least 1960 has consistently been that stilthouses should not be permitted on sovereign land. For almost 40 years the Board of Trustees has

prohibited the construction of new stilthouses. This policy is reflected in rule 18-21.004(1)(e),

F.A.C., that expressly prohibits stilthouses. Beginning in 1960 in Dade County and recurring in 1969 in Pasco County, the Board of Trustees faced the dilemma of how to apply this policy to existing structures. The decision reached in both instances was to grant the stilthouse owner a period of time in which to enjoy his "weekend retreat" and to amortize whatever investment he had made. In 1976, it was decided that an additional 23 years was sufficient for these purposes, and long term leases were issued with an expiration date of 1999. At that time, the stilthouses are to be removed. Those leases also called for phasing out the stilthouses prior to 1999 if they were destroyed to the extent that more than 50 percent of their value was lost.

Staff believes that the Board of Trustees’ existing policy of prohibiting stilthouses and other non-water dependent structures from being located on sovereign lands is still valid. Staff also believes that the Board of Trustees should take the opportunity, when it can be exercised fairly and without unreasonably burdening private citizens, to eliminate existing structures that are not in compliance with this policy. However, staff believes it would not be fair to grandfather registrants to order the removal of their structures since they were not given any notice that they would not be allowed to obtain a lease at the end of the registration program. If a lease is granted to each grandfather registrant, staff believes that the existing Pasco County stilthouses should also be allowed a lease extension.

Therefore, staff recommends that the Board of Trustees approve a policy allowing existing stilthouse structures with a submerged land lease or current grandfather registration to obtain a 20-year non-renewable lease conditioned upon the: (1) removal of all structures (including the pilings) at the end of the lease term or when the structure is damaged to the extent that the cost to repair the stilthouse exceeds 50 percent of the value of the stilthouse (excluding the pilings), whichever occurs first; (2) assessment of a lease fee at the current campsite lease rate; and (3) compliance with departmental requirements for sanitary waste disposal systems. Staff further recommends that the leases for the two damaged stilthouses in Pasco County determined to have pilings worth in excess of 50 percent of the value of the stilthouse be reinstated, but the leases for the two stilthouses not meeting the 50 percent criteria remain canceled.

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 request is not subject to the local government planning process.

(See Attachment 5, Pages 1-25)

COUNTY:  Brevard

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

CONSIDERATION:  $265,000

APPRAISED BY

REVIEW Benson APPROVED PURCHASE OPTION

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

814001 Interland 1.19 $269,000 $269,000 $265,000 180 days

after BOT

approval

Improvements on the property consist of an unfinished garage which the United States Fish and Wildlife Service, the future managing agency, will use for management purposes or may demolish.

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

Although sea turtle nesting occurs from the southern tip of Texas to the southern coast of Virginia, a 20-mile stretch of beach in Brevard and Indian River counties is one of the most significant nesting areas for Loggerhead Sea Turtles in the world; the most significant nesting area for Green Sea Turtles in the western hemisphere; and an occasional nesting area for the Leatherback Sea Turtle, one of the largest and rarest sea turtles. For thousands of years, these sea turtles have returned each year to these beaches to lay their eggs and continue the species. The Archie Carr Sea Turtle Refuge 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 and 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 6, Pages 1-28)

RECOMMEND APPROVAL

COUNTY:  Lake

LOCATION: Sections 29 and 30, Township 18 South, Range 29 East; and Section 25, Township 18 South, Range 28 East

CONSIDERATION:  $172,355

APPRAISED BY

REVIEW Goodman APPROVED PURCHASE OPTION

NO. PARCEL ACRES (12/11/97) VALUE PRICE DATE

814010 Sardella/10 20.39 $51,000 $ 51,000 $ 49,955 180 days after

814011 Lee/11 38.00 $98,800* $ 98,800 $ 96,900 BOT approval

814012 Trivett/18 5.10 $26,000 $ 26,000 $ 25,500

63.49 $175,800 $172,355

*Revised on 06/04/98

STAFF REMARKS: The Wekiva-Ocala Greenway CARL project is ranked number 8 on the CARL Priority Project List approved by the Board of Trustees on February 10, 1998, and is eligible for negotiation under the Division of State Lands’ Land Acquisition Workplan. The project contains 67,397 acres, of which 32,663.75 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves these agreements, 34,669.76 acres or 51 percent of the project will remain to be acquired.

After closing, the Board of Trustees’ interests in the oil, gas and mineral rights will be subject to a January 14, 1948 reservation by M. A. and Katherine Osburn of a 50 percent royalty interest. There is no surface right of entry associated with such royalty interests. The Bureau of Geology determined that the potential for oil and gas production at this site is considered slight and that the sediments with the greatest potential for commercial development are the sands and perhaps some gravel. The appraisal has indicated that the outstanding royalty interests do not affect the market value of the property. The Department of Agriculture and Consumer Services, Division of Forestry (DOF), the managing agency, has determined that the property can be effectively managed subject to the outstanding oil, gas and mineral royalty 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.

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

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

These properties will be managed by the DOF as part of the Seminole 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 7, Pages 1-62)

COUNTY: Highlands

LOCATION: Section 33, Township 36 South, Range 30 East

CONSIDERATION: $110,500

APPRAISED BY

REVIEW String APPROVED PURCHASE OPTION

NO. PARCEL ACRES (04/02/98) VALUE PRICE DATE

814014 J. B Rogers 1.47 $115,000 $115,000 $110,500 180 days

Citrus, Inc. after BOT

approval

Improvements on the property consist of a warehouse, storage building, and fencing. The Florida Game and Fresh Water Fish Commission (GFC), the future managing agency, intends to use the warehouse, storage building and fencing as a storage facility for equipment used in management of the project.

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 high, sandy, Lake Wales Ridge, stretching south from near Orlando almost to Lake Okeechobee, was originally covered with a mosaic of scrub, flatwoods, wetlands, and lakes. The scrub is unique in the world - it is inhabited by many plants and animals found nowhere else - but it has almost completely been converted to citrus groves and housing developments.

The Lake Wales Ridge Ecosystem CARL project is designed to protect the best remaining tracts of this scrub and the ecosystems associated with it, thereby preserving several endangered species and allowing the public to see examples of the unique original landscape of the ridge.

The property will be managed by the GFC under a single-use concept as a unit of the Lake Wales Ridge Ecosystem.

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

(See Attachment 8, Pages 1-28)

COUNTY:  St. Lucie

LOCATION:  Section 29, Township 36 South, Range 41 East

CONSIDERATION:  $19,800

APPRAISED BY

REVIEW Gray APPROVED PURCHASE OPTION

NO. PARCEL ACRES (02/08/95) VALUE PRICE DATE

814009 Baird/81 3.05 $19,800 $19,800 $19,800 180 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 certified survey, title insurance policy, environmental site evaluation and, if necessary, an environmental site assessment 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 property will be managed by the Division of Recreation and Parks as part of the Savannas State Preserve.

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

(See Attachment 9, Pages 1-14)

RECOMMEND APPROVAL

COUNTY: Lee

LOCATION: Sections 24, 27, 35 and 36, Township 47 South, Range 26 East

CONSIDERATION: $75,750

STAFF REMARKS: The Corkscrew Regional Ecosystem Watershed (CREW) CARL project is ranked number 11 on the CARL Bargain\Shared Project List approved by the Board of Trustees on February 10, 1998, 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 754.5 acres are under contract to the Board of Trustees. After the Board of Trustees approves this agreement, 38,151 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 they have 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. The District had already made some purchases in the project and requested that the Board of Trustees match the District’s contribution by paying 100 percent of the cost until the Board of Trustees’ expenditures equaled the District’s. However, 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. For this reason, 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 would 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, $1,180,855 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 $12,179,145.

The District has acquired six options to purchase the parcels, at 100 percent of the appraised values, from The Nature Conservancy (TNC), and three agreements for sale and purchase. Pursuant to the terms of the amended acquisition agreement, the District shall be reimbursed for all costs associated with acquiring the nine 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 ten 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 property 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 10, Pages 1-17)

COUNTY:  Walton

LOCATION:  Section 08, Township 03 South, Range 19 West

CONSIDERATION:  $140,000

APPRAISED BY

REVIEW Carroll APPROVED PURCHASE OPTION

NO. PARCEL ACRES (05/14/98) VALUE PRICE DATE

814002 Butler 0.62 $160,000 $160,000 $140,000 180 days

after BOT

approval

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

A waiver of the requirement 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 parcel is located within a subdivision in which the controlling land corners have been recently surveyed, and the survey drawing is acceptable for computing acreage;
• the parcel is in its natural unimproved condition; and
• the boundaries of the parcel do not adjoin fences or improvements other than those managed 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 DSL will acquire any special purpose survey work necessary for the effective management of this property.

This property will be managed by the 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 11, Pages 1-22)

COUNTY:  Collier

LOCATION:  Sections 02, 09, 10 and 11, Township 53 South, Range 26 East

CONSIDERATION:  $74,800

APPRAISED BY

REVIEW Miller APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (08/06/97) VALUE PRICE DATE

814003 Reed/44A,B&C 0.64 $ 7,400 $ 7,400 $ 7,400 180 days after

(10/05/97) BOT approval

814004 Smith/02 1.06 $ 9,400 $ 9,400 $ 9,400

814005 Conservancy/6A-D 3.40 $33,800 $33,800 $33,800

814006 Porter/18 0.81 $ 8,300 $ 8,300 $ 8,300

814007 Quayle/19 0.76 $ 8,000 $ 8,000 $ 8,000

814008 Scofield/20 0.73 $ 7,900 $ 7,900 $ 7,900

7.40 $74,800 $74,800

STAFF REMARKS:  The Cape Romano Barrier Island Acquisition project is funded through the United States Fish and Wildlife Service’s National Wetlands Conservation Grant Program. Use of state-owned lands as match for the project was approved by the Board of Trustees on January 21, 1998. This project contains 992.25 acres, of which 827.17 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves these agreements, 157.68 acres or 16 percent of the project will remain to be acquired.

Parcels 2, 6A through 6D, 18, 19 and 20 are subject to outstanding oil and mineral interests. Over 75 percent of the oil and mineral interests in Parcels 2, 6A through 6C, and 18 were reserved on February 21, 1956, by Mary E. Sweeting and on May 2, 1969, by William D. Hixon, Trustee, both with right of entry and to run indefinitely. Parcels 6D, 19 and 20 are subject to 50 percent oil and mineral interest reserved on February 21, 1956, by Mary E. Sweeting, with right of entry and to run indefinitely. Parcels 44A through 44C are subject to 100 percent oil and gas interests, reserved on April 19, 1955, by the United States of America, with the right to prospect for, mine, and remove such deposits. 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; however, further investigation would be required to determine the commercial value, if any, of the 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.

Parcels 2, 6A through 6C and 18 are subject to deed restrictions limiting property use to single-family dwellings with no commercial use allowed. The future managing agency has determined that the property can be effectively managed subject to these restrictions.

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, excluding parcels 44 A and 44B 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. In the event the full survey is waived, a professional land surveyor will inspect the property for any visible evidence of improvements or potential boundary issues. In cooperation with the managing agency, the Division of State Lands will acquire any special purpose survey work necessary for the effective management of the property.

The purchaser will absorb all acquisition costs (excluding taxes and contingency fees), 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 12, Pages 1-65)

RECOMMEND APPROVAL

COUNTIES:  Polk and Alachua

LOCATION:  Sections 09 and 16, Township 10 South, Range 20 East; and Sections 05, 08, and 17, Township 28 South, Range 26 East

CONSIDERATION: $1,338,000

APPRAISED BY

REVIEW Hayes Sutte Candler APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (01/22/98) (01/16/98) (01/07/98) VALUE PRICE DATE

814013 Winter Haven 46.28 $1,415,000 $1,300,000 $1,415,000

Gainesville 3.03 $72,450 $ 72,450 12/15/98

49.31 $1,487,450 $1,338,000

A segment of the Winter Haven to Lake Alfred corridor is improved with an inactive concrete plant, which consists of three steel reinforced concrete storage silos, a 600 square-foot field office building, a conveyor system, 6,500 square-feet of concrete paving and 630 feet of chain link fencing. The improvements were constructed in 1957 and the appraiser concluded that they had no contributory value. The City of Winter Haven is aware of the 1.6-acre improved area and plans to remove the silos and use the remaining buildings and paved area for storage and maintenance. The balance of this corridor has been vacated for some time. This corridor is bisected by several rights-of-way and drainage easements. The Gainesville to Hawthorne Downtown Connector project is an unimproved abandoned rail corridor. The appraiser reports that the property is currently unencumbered by any easements or other restrictions.

The across the fence method of appraisal was utilized in the establishment of market value for these corridors. This method of appraisal is utilized in estimating the value of railroad or other corridors by comparing the corridor lands with the prices of lands adjacent to the subject. The across the fence value represents the price of land adjacent to the subject corridor.

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. At closing, title will be conveyed by quit claim deed pursuant to chapter 260, F.S., which allows the acceptance of a quit claim deed for the conveyance of abandoned railroad corridors. This conveyance is consistent with similar transactions with this seller.

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

The Winter Haven to Lake Alfred project will serve as a trail and an alternative transportation route between the cities of Lake Alfred and Winter Haven. This trail will pass four undisturbed lakes and provides not only active recreational opportunities but also passive activities such as wildlife observation and in addition, provides a valuable link with an existing park and trail system within the city of Winter Haven. The Gainesville to Hawthorne project will serve as an addition to the existing Gainesville to Hawthorne Trail.

The city of Winter Haven is the designated manager for the Winter Haven to Lake Alfred project.

The city of Gainesville is the designated manager for the Gainesville to Hawthorne Downtown Connector project.

This acquisition is consistent with section 260.015, F.S., and section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 13, Pages 1-45)

RECOMMEND APPROVAL

Public acquisition is essential to continue the preservation and restoration of this endangered ecosystem that is a vital component of the Everglades Management Plan. Acquisition of this land is critical to improving water quality and water quantity (hydroperiod), which are necessary to restore the "River of Grass" that supports a unique diversity of plants and animals not found anywhere else.

Pursuant to the Everglades Forever Act (EFA), section 373.4592, F.S., the South Florida Water Management District (SFWMD), in partnership with the Department of Environmental Protection (DEP), is required to implement stormwater treatment area 5 (STA 5) of the Everglades Construction Project (ECP). The ECP consists of the construction of six stormwater treatment areas (STAs) designed to treat Everglades Agricultural Area C-51 basin, C-139 basin and Lake Okeechobee runoff before discharge to the Everglades Protection Area.

Section 373.4592(4)(a), F.S., mandates the acquisition of Rotenberger Tract inholdings and such other lands as may be necessary to achieve a 2:1 mitigation ratio for the use of Brown’s Farm and other similar lands for STA construction as part of the ECP. Upon passage of the EFA, the SFWMD and DEP agreed that acquisition of the Rotenberger Tract inholdings would be a responsibility of the DEP. This agreement has been documented annually beginning in September 1994 in the "Everglades Program Implementation: Program Management Plan." The EFA also requires the DEP, as a partner in the ECP, to contribute to the restoration of the Rotenberger Tract by improving hydroperiod for the area with treated water from STA 5. According to section 373.4592(4)(a)6, F.S., the SFWMD must complete construction of STA 5 by January 1999 so that hydrological restoration can begin. The DEP must acquire those Rotenberger Tract lands needed for construction of associated canals and the lands within the Rotenberger Tract which will receive hydropattern restoration benefits no later than November 1998 to ensure full operational capability by January 1999.

On May 28, 1998, the Board of Trustees authorized the Director of the Division of State Lands, Department of Environmental Protection, or his designee, to extend offers and approve any contract for the sale and purchase of land at up to the appraised value when the purchase price per parcel exceeds $50,000; and 125 percent of or $500 over the appraised value, whichever is greater, when the purchase price per parcel did not exceed $50,000. Subsequently, on July 14, 1998, the Board of Trustees extended that authority to 150 percent or $1,000 over the appraised value, whichever is greater, when the purchase price per parcel did not exceed $50,000. These efforts resulted in the successful acquisition of 77 of the remaining 323 parcels in the project and satisfied the bona fide offer requirement of section 259.041(13), F.S. Negotiations for the acquisition of the 246 remaining parcels have reached an impasse.

Section 259.041(13), F.S., authorizes the Board of Trustees, by majority vote of all of its members, to direct DEP to exercise its power of eminent domain pursuant to the provisions of chapters 73 and 74, F.S. Eminent domain may be used to acquire any of the property on the CARL priority list if (1) the state has made at least two bona fide offers to purchase the land through negotiation and an impasse between the state and the land owner has been reached; and (2) the land is of special importance to the state because (a) it involves an endangered or natural resource and is in imminent danger of being developed; (b) it is of unique value to the state and failure to acquire the property would constitute an irreparable loss to the state; or (c) the failure to acquire the property would seriously impair the state's ability to manage or protect other state-owned lands.

The Rotenberger/Seminole Indian Lands project meets these criteria: (1) the state has made at least two bona fide offers and has been unable to acquire these parcels through negotiation; (2)(a) in section 373.4592(1), F.S., the legislature has recognized that the Everglades ecological system is unique in the world and one of Florida’s great treasures. The Everglades ecological system is endangered as a result of adverse changes in water quality, and in the quantity, distribution, and timing of flows and, therefore, must be restored and protected. The ECP is designed for the cleanup and restoration objectives for the Everglades. These lands are also in danger of agricultural development. The use of these Rotenberger lands as wetland mitigation is a critical part of the ECP; (2)(b) these lands are unique to the state and failure to acquire these lands will adversely affect the ability to restore hydropatterns essential to Everglades restoration; and (2)(c) the SFWMD is required by the EFA, section 373.4592, F.S., to complete the hydrological restoration of the Rotenberger Tract within the Rotenberger/Seminole Indian Lands project.

Pursuant to the Board of Trustees’ eminent domain policy, DSL has mailed proper notice to all owners of record at least 45 days preceding today’s Board of Trustees meeting. In accordance with the eminent domain policy, the notice advised the owners that homesteaded property was

exempt from eminent domain without the owner’s written permission. Based on research by staff, there does not appear to be any homesteaded property within the Rotenberger Tract boundary. If it is later determined that there is any homesteaded property and the owner has not given written consent, that parcel will be excluded from the eminent domain process. As of August 25, 1998 at 5:00 p.m., only six responses to the written notice had been received. While none of the respondents objected to the use of eminent domain, they did not want the court to determine the compensation. Additionally, none of the respondents claimed the property involved to be their homestead. If the Board of Trustees approves this item, DSL intends to amend its existing contract with the Office of the Attorney General to handle the condemnation of these parcels.

These parcels, when acquired, will be managed by the Florida Game and Fresh Water Fish Commission as a Wildlife Management Area, with the SFWMD being a cooperator in management activities.

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 14, Pages 1-19)

RECOMMEND APPROVAL