COUNTY:  Collier

LOCATION:  Section 04, Township 50 South, Range 27 East

CONSIDERATION:  $150,000

APPRAISED BY

REVIEW Dane APPROVED PURCHASE OPTION

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

816010 Sayfie/65 84.80 $152,640 $152,640 $150,000 180 days after

BOT approval

All mortgages and liens will be satisfied at the time of closing.  Preliminary title information indicates that the entire parcel is encumbered by an outstanding oil, gas and mineral interest with the right of ingress and egress and possession at all times for the purpose of mining, drilling and operating for said minerals. This interest was conveyed by Futura Land Corporation to Bernard Klassen on June 25, 1981, to run indefinitely. The Bureau of Geology has determined that, although an oil well that was drilled eight miles east of the subject was plugged and abandoned as a dry well, oil and gas production should not be totally discounted because of the proximity of this parcel to the Sunniland trend. The Bureau of Geology also indicates that the resource with the most potential is limestone. The Bureau of Appraisal has determined that the outstanding interest does not affect the market value of the property. The Florida Department of Agriculture and Consumer Services, Division of Forestry (DOF), the future managing agency, requires further title information in order to determine if the property can be effectively managed subject to the outstanding oil, gas and mineral interest. The additional title information will be provided prior to closing. The property owner is aware of the outstanding interest and is unwilling to pursue its release. Based on the current conditions, staff recommends acquiring the property subject to this outstanding interest because other properties in the Belle Meade project have been acquired with outstanding oil, gas and mineral interests. However, in the event it is determined that the outstanding interest unreasonably interferes with the future management of the property, staff would either pursue the release of this interest from Bernard Klassen, attempt to purchase the interest or would not proceed with the purchase of the property. In the event the commitment for title insurance, to be obtained prior to closing, reveals any other encumbrances which may affect the value of the property or the proposed management of the property, staff will so advise the Board of Trustees prior to closing.

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

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

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

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

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

The cypress swamps and old-growth slash pine flatwoods in the Belle Meade CARL project, extending to the fast-developing suburbs of Naples, are still important for such endangered wildlife as Florida panthers, red-cockaded woodpeckers and Florida black bear. Belle Meade is also the watershed for Rookery Bay. The Belle Meade CARL project will conserve the westernmost large natural area in southwest Florida, protect some of the southernmost populations of several rare animals and help protect the quality of the subtropical estuary of Rookery Bay, while providing a large area for recreation in a natural environment to residents of and visitors to rapidly urbanizing southwest Florida.

The property will be managed by the DOF as part of the Picayune Strand State Forest.

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

(See Attachment 1, Pages 1-28)

RECOMMEND APPROVAL

COUNTY: Lee

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

CONSIDERATION: $417,200

STAFF REMARKS: The Cayo Costa Island CARL project is ranked number 6 on the CARL Mega/Multiparcel 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 1,932 acres, of which 1,820.10 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves these agreements, 106 acres or 6 percent of the project will remain to be acquired.

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

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

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

While these properties are 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 properties, certified surveys will be provided by the Division of State Lands (DSL) prior to closing. In cooperation with the managing agency, the DSL will acquire any special purpose survey work necessary for the effective management of the properties.

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

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

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

These acquisitions are consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 2, Pages 1-16)

RECOMMEND APPROVAL

COUNTY:  Dade

LOCATION:  Section 10, Township 57 South, Range 38 East

CONSIDERATION:  $90,916.50 (Board of Trustees’ share of County’s purchase price)

after BOT

approval

* Appraised value increased because acreage was increased by 2.8 acres

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 April 14, 1994, from Morris C. Proenza, Harris Clay Roberts and Lisa Trueba Roberts for $180,000. If this item is approved, the Board of Trustees will reimburse the County for 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 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 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 3, Pages 1-32)

RECOMMEND APPROVAL

COUNTY: Lee

LOCATION: Sections 25, 27, 28, 35 and 36, Township 47 South, Range 26 East

CONSIDERATION: $80,000

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 802 acres are under contract to the Board of Trustees. After the Board of Trustees approves this agreement, 38,103.5 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 it has been unable to contribute to the project.

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

In 1994, the legislature enacted section 259.041, F.S., which provided the authority to adopt District procedures for joint acquisitions. On June 27, 1995, the Board of Trustees authorized

staff to enter into an acquisition agreement with the District to acquire various ownerships located within the CREW CARL project in accordance with section 259.041(16), F.S. utilizing the procedures set out in section 373.139, F.S. At the time the original agreement was entered into, the LAAC-imposed cap on funding was still in effect. 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, $1,263,665 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 $12,096,335.

The District has acquired options to purchase seven parcels and a purchase agreement to purchase one parcel, at 100 percent of the appraised values, from The Nature Conservancy (TNC). Pursuant to the terms of the amended acquisition agreement, the District shall be reimbursed for all costs associated with acquiring the 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 Resolution 98-73 requesting the Board of Trustees’ share of the purchase price for the nine 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 4, Pages 1-15)

COUNTY:  Bay

LOCATION:  Section 31, Township 04 South, Range 14 West

CONSIDERATION:  $26,000

APPRAISED BY

REVIEW Presley APPROVED PURCHASE OPTION

NO. PARCEL ACRES (05/31/96) VALUE PRICE DATE

816004 Reid (K) 0.27 $26,000 $26,000 $26,000 180 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 referenced parcel is located within a platted subdivision and the plat drawing is acceptable for computing acreage;
• the parcel is in its natural unimproved condition; and
• the boundary of the parcel does not adjoin fences or improvements other than those managed by the state.

While this parcel is being recommended for a waiver of survey at this time, should the title commitment reveal a substantive surveying or surveying related issue which impacts the parcel, a certified survey will be provided by the purchaser prior to closing. In the event a full survey is waived, a professional land surveyor will inspect the property for any visible evidence of improvements or potential boundary issues. In cooperation with the managing agency, the 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 St. Andrews State Recreational Area.

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

(See Attachment 5, Pages 1-23)

RECOMMEND APPROVAL

COUNTY:  Volusia

LOCATION:  Section 39, Township 14 South, Range 32 East

CONSIDERATION:  $229,000

APPRAISED BY

REVIEW Sutte APPROVED PURCHASE OPTION

NO. PARCEL ACRES (03/26/98) VALUE PRICE DATE

816001 Ormond Beach 2.63 $286,000 $286,000 $229,000 180 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 section 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
• it appears that 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 Tomoka State Park.

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

(See Attachment 6, Pages 1-29)

RECOMMEND APPROVAL

COUNTY:  Collier

LOCATION:  Section 11, Township 53 South, Range 26 East

CONSIDERATION:  $8,400

APPRAISED BY

REVIEW Miller APPROVED PURCHASE CLOSING

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

816003 Hixon/33 0.84 $8,400 $8,400 $8,400 180 days after

BOT approval

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 845.95 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves this agreement, 145.46 acres or 15 percent of the project will remain to be acquired.

The entire parcel is subject to outstanding oil and mineral interests. On February 21, 1956, Mary E. Sweeting reserved 50 percent of the oil and mineral interests, with the right of entry to run indefinitely. Staff recommends acquiring the property 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 property. Rookery Bay National Estuarine Research Reserve, the future managing agency, has determined that the property can be effectively managed subject to the outstanding oil 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 waiver of the requirement for a survey of this parcel is being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, the parcel to be acquired meets all of the following conditions:

• the parcel is surrounded by both state-owned land and by land the state intends to acquire;
• the parcel is 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 parcel is in its natural unimproved condition;
• although the parcel lines were not surveyed, it appears that the boundaries of the parcel do not adjoin fences or improvements other than those managed by the state; and
• the parcel was visually inspected in January 1998.

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

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.

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

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

(See Attachment 7, Pages 1-24)

RECOMMEND APPROVAL

COUNTY: Walton

APPLICANT: Department of Transportation

LOCATION: Section 02, Township 01 North, Range 19 West

CONSIDERATION: $104,400

APPRAISED BY

REVIEW Brantley APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (03/19/98) VALUE PRICE DATE

816006 Singleton 29 $104,400 $104,400 $104,400 180 Days

after BOT

approval

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

A certified survey and an environmental site assessment will be provided by DOT prior to closing.

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

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

(See Attachment 8, Pages 1-30)

COUNTY: Lee

Lease No. 360189959

APPLICANT: Tarpon Point, Inc. (Subsidiary of Avatar Properties, Inc.)

LOCATION: Section 22, Township 45 South, Range 23 East, in Glover Bight, within the

local jurisdiction of Lee County. Aquatic Preserve: No

CONSIDERATION: $34,362.13 representing (1) $27,489.70 as the annual lease fee computed at the base rate of $0.1130 per square foot discounted 30 percent because of the first-come, first-served nature of the facility; and (2) $6,872.43 as the annual extended lease term payment calculated at 25 percent of the lease fee. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable.

STAFF REMARKS: The existing sovereignty submerged land lease was originally granted to Avatar Properties, Inc., by the Board of Trustees on November 5, 1985. It was assigned to the applicant on September 25, 1989, and was renewed on September 25, 1994. This lease extension request is a companion item to the Avatar Properties, Inc., Preservation 2000 purchase.

Pursuant to section 18-21.008, F.A.C., leases may be for a term of up to 25 years, and this request is consistent with that rule.

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

The applicant has also expressed concern that the Board of Trustees could at some point in the future cancel the applicant’s lease and lease the sovereignty submerged lands to another entity. In accordance with section 18-21.004(3), F.A.C., the Board of Trustees would be limited to leasing sovereignty submerged lands adjacent to uplands to only the fee simple owner or an entity or individual with sufficient legal interest in the subject property, as only these two situations would constitute "riparian rights." In addition, the Board of Trustees has not, as a matter of practice, canceled leases on sovereignty submerged lands unless there were violations of the lease or rules or the submerged lands were needed for a public purpose. Since the applicant has been a lessee in good standing, there is no reason at this time to believe that the Board of Trustees would contemplate, or that the Department of Environmental Protection (DEP) would recommend, a lease cancellation or non-renewal.

The applicant has advised that this facility does not facilitate/provide slips for "Cruises to Nowhere."

A consideration of the status of the local government comprehensive plan was not made for this item. The DEP has determined that the request for an extended lease term for this facility is not subject to the local government planning process.

(See Attachment 9, Pages 1-6)

COUNTY:  Collier

APPRAISED BY

REVIEW Hettema APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (6/29/98) VALUE PRICE DATE

816002 Avatar 8,526 $6,450,000 $6,450,000 $6,450,000 120 Days

These lots are located in Southern Golden Gate Estates and are being acquired under a $25 million Farm Bill grant from the U. S. Department of Interior. These lots were included in the recent mass appraisal of subdivided lots performed as part of the settlement of the claim of inverse condemnation by nearly 3,900 lot owners in Southern Golden Gate Estates. While the settlement agreement required that the plaintiffs be given first priority, the plaintiff’s representative has given permission to proceed with the acquisition of these lots.

Avatar Properties, Inc., has stipulated in the contract that the sale of its property is contingent upon the Board of Trustees approving a 25-year sovereign submerged lands lease extension request from Tarpon Point, Inc., a subsidiary of Avatar Properties, Inc. That lease request is a companion item on this agenda.

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

• the parcels are surrounded by state-owned land or surrounded by land the state intends to acquire;
• the parcels are located within a number of sections that were subdivided by W.R. Wilson in 1964 and the plats are acceptable for computing acreage;
• the parcels are not in their natural unimproved condition; the lot lines go to the centerline of road rights of way and roadways have been constructed within the rights of way, and spoil from canal dredging may be located on a number of lots; and
• it appears that most of the boundaries of the parcels do not adjoin fences or improvements other than those managed by the state.

While this property 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 property, a certified survey will be provided by the Division of State Lands (DSL) prior to

closing. In cooperation with the managing agency, the DSL will acquire any special purpose survey work necessary for the effective management of the properties.

West of the huge sawgrass marsh of the central Everglades spreads a landscape of cypress swamps, marshes, slash-pine flatwoods, and tropical hammocks, through which water slowly flows to the mangrove swamps of the Ten Thousand Islands. The Save Our Everglades CARL project will connect and extend existing conservation lands, help to save the last of the Florida panthers and a host of other rare animals and tropical plants, preserve the flow of water to the rich estuaries of the Gulf coast, and allow the public to enjoy this unique landscape for years to come.

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

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

(See Attachment 10, Pages 1-19)

RECOMMEND APPROVAL

COUNTY: Duval

LOCATION: Section 11, Township 02 South, Range 28 East, Duval County, Florida

CONSIDERATION: $50,000, to be deposited in the Internal Improvement Trust Fund if the bid is accepted.

STAFF REMARKS: The subject property consists of 7.4 acres, more or less, of land improved with a 5,000 square-foot dormitory style structure. The building was constructed in 1970 and was, for valuation purposes, reduced to a "shell." It was noted in the appraisal that the overall condition of the building interior was poor and would require extensive repair and renovation. The exterior of the building was reported to be in overall fair condition.

Historically the property was used by the Department of Health and Rehabilitative Services (now Department of Juvenile Justice) as a juvenile delinquent girls’ home. The Department of Juvenile Justice (DJJ) determined that it had no further use for the property and so notified the Department of Environmental Protection, Division of State Lands (DSL).

An appraisal of the property was performed by Duncan Ennis, MAI, State-Certified General Appraiser. The effective date of value was May 15, 1996, and the fee simple estimated market value of the property was $204,000. The primary building was given a value of $82,000, with

the land valued at $122,000. Based on the poor condition of the other on-site external improvements, no value was assessed to them.

State and local governments were notified of the availability of the property pursuant to section 253.111, F.S. Sale of the property was delayed for several months on two occasions when the City of Jacksonville considered leasing the property, and DJJ reconsidered its need for the property. In the end, the property was returned to the surplus process.

The Land Acquisition and Management Advisory Council recommended a surplus designation for this parcel on November 16, 1995. On October 16, 1996, the parcel was designated surplus through a delegation of authority to DSL.

Staff advertised the property for sale by sealed competitive bid. Only one bid, from J. Wendall Prevatt in the amount of $50,000, was received. Because the bid was for an amount far less than the appraised market value, staff is recommending the bid be rejected.

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 11, Pages 1-11)

COUNTY: Highlands

Lease No. 4180

LOCATION: Section 21, Township 35 South, Range 30 East, containing 33.14 acres, more or less.

CONSIDERATION: $300 per year, to be deposited in the Internal Improvement Trust Fund.

STAFF REMARKS: The Department of Environmental Protection, Division of State Lands (DSL), received an application to lease 33.14 acres, more or less, of state-owned land for grazing purposes. The property was acquired under Gainesville Patent No. 1014487. Although the property is currently unleased, it has been leased for grazing on several occasions dating back to the 1940’s. The last grazing lease on record expired in 1970.

The application was processed pursuant to chapter 18-2, F.A.C. State agencies, the water management district, regional planning council, Florida Natural Areas Inventory (FNAI), the county, and landowners within 500 feet of the property were notified of the lease application. Governmental entities are requested to evaluate the application to determine if they have a need for the property or if they have any objections. A notice of invitation to bid on the lease was published in the local newspaper for three consecutive weeks. Copies of the notice were provided to individuals on a mailing list maintained by the Division of State Lands for agricultural and grazing leases.

The property was appraised on October 4, 1997, as having an annual market rental value of $300. Only one bid, from Darrell E. Carson, was received. The lease will be for a term of six years, with no option for renewal.

Pursuant to section 18-2.018, F.A.C., the decision to authorize the use of Board of Trustees-owned uplands requires a determination that such use is not contrary to the public interest. No objections or concerns were raised by state agencies, the water management district or FNAI during the noticing period. The property was unleased at the time of application, but has a 30-year history of being leased for grazing purposes. For these reasons, staff believes the proposed lease is not contrary to the public interest.

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 was not in compliance. A compliance agreement between DCA and the local government has been finalized. The proposed action is consistent with the adopted plan according to a letter from Highlands County.

(See Attachment 12, Pages 1-17)

RECOMMEND APPROVAL

Lease No. 160028342

Public Easement No. 30112

CONSIDERATION: $60,465.45 representing the initial lease fee computed at the base rate of $0.1130 per square foot and including the initial 25 percent surcharge payment. The applicant qualifies for a waiver of severance fees pursuant to chapter 253.03(10), F.S. There would be no consideration if the requested lease fee waiver is approved.

STAFF REMARKS: The Board of Trustees authorized a rule amendment on September 14, 1995, to "link" the two processes of regulatory and proprietary reviews and authorizations. The rule became effective October 12, 1995. As a result of this linkage, the recommended

Department of Environmental Protection (DEP) regulatory permit decision and the recommendation to the Board of Trustees on the proprietary authorization are contained in one document, the "Consolidated Notice of Intent to Issue," which is attached. The attached consolidated intent contains a recommendation for issuance of a permit under Part IV of chapter 373, F.S., and a recommendation for granting authorization to use sovereignty submerged lands under chapter 253, F.S., for the activity described therein. This recommendation is provided to the Board of Trustees pursuant to section 373.427(2), F.S. A description of the requested activity is provided in Section I, "Description of the Proposed Activity." The specific basis for recommending approval of the authorization to use sovereignty submerged lands is contained in Section III "Background/Basis for Issuance."

Approval by the Board of Trustees is requested only for those aspects of the activity which require authorization to use sovereignty submerged lands. If the Board of Trustees approves the request to use sovereignty submerged lands and the activity also qualifies for an environmental resource permit and no challenges are successful, the Consolidated Notice of Intent will be issued and will contain general and specific conditions. In the event the Board of Trustees denies the use of sovereignty submerged lands, whether or not the activity otherwise qualifies for an environmental resource permit, the DEP will issue a "Consolidated Notice of Denial" for both the environmental resource permit and the authorization to use sovereignty submerged lands.

The applicant is proposing to construct a bulk terminal facility at its Ed Austin Marine Terminal on Dames Point. The facility will have two access trestles leading to a docking area comprised of car floats. The facility will consist of the following: (1) five car floats, each being 40 feet wide and vary in length from 285 feet to 350 feet; (2) two fixed access trestles having dimensions of 265 feet long by 30 feet wide and 238 feet long by 30 feet wide; and (3) four 18 foot long by 12 foot wide mooring dolphins. The five car floats will be permanently moored to the four dolphins. The facility will allow for the mooring of two vessels with a maximum length of 730 feet with a draft of 36 feet. The 265 foot long by 30 foot wide access trestle, one car float and a 64 foot section of a second car float will be located on privately owned submerged lands pursuant to Board of Trustees’ Deed No. 23842 (1504-16). Board of Trustees’ Deed No. 23842 (1504-16) conveyed the submerged lands to a previous upland riparian owner on October 2, 1964.

The applicant is also proposing to dredge approximately 499,000 cubic yards of sovereign material to create an access channel from the federal channel to the bulk terminal facility and to provide sufficient depths at the berthing areas. The access channel and berthing areas will be dredged to a depth of - 38.0 feet mean low water. The severed materials will be disposed of at Bartram Island. Bartram Island is an existing publicly-owned spoil disposal island controlled by the Jacksonville Port Authority. Pursuant to section 253.03(10), F.S., the applicant qualifies for a waiver of the dredged severance fee. The applicant is requesting a public easement for the access channel.

In addition, the applicant is requesting a waiver of lease fees for the proposed use of sovereignty submerged lands, pursuant to previous actions of the Board of Trustees on November 21, 1989, in approving two fee-waived leases for the applicant for similar port expansion activities. Traditionally, the Board of Trustees has granted fee-waived leases to designated port authorities around the state in consideration of their quasi-governmental status and in recognition of their public purposes being in the public interest. Section 18-21.011(1)(b)10, F.A.C., provides for a waiver of lease fees for governmental entities if the proposed use is determined by the Board of Trustees to be in the public interest.

However, on July 28, 1998, the Board of Trustees adopted an amendment to section 18-21.011, F.A.C., to be effective in October 1998, which deleted the public interest consideration and added other technical qualifying criteria by which the Board of Trustees could grant fee-waived leases for qualified projects. The amended section, 18-21.011(1)(b)7, F.A.C., once effective, will provide for waivers from payment of annual lease fees for government, research, education or charitable entities that are either not-for-profit or non-profit, if the following conditions are met:

Staff recognizes that under the modified rule criteria the applicant’s proposed project may not technically qualify for a fee-waived lease, although, it was not the intent of the rule amendment to specifically eliminate fee waivers for port activities on sovereignty submerged lands. The potential impact of the amendment on such port projects statewide was not recognized until after adoption of the amendment.

Because the applicant’s proposed project is consistent with the Board of Trustees’ previous actions in granting fee-waived leases for port expansion projects considered to be of public purpose and in the public interest, staff recommends the Board of Trustees waive the lease fees for the project.

The applicant owns all of the riparian lands within 500 feet of proposed lease area; therefore, noticing of this application was not required pursuant to section 253.115(1), F.S. The Bureau of Protected Species Management (BPSM) has recommended conditions to incorporate with the consolidated environmental resource permit. These recommendations have been included as specific conditions in the permit. The environmental resource permit does not authorize liveaboards, sewage pumpout facilities or fueling facilities.

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 activity is consistent with the adopted plan as amended according to a letter from the City of Jacksonville’s Department of Planning and Development dated June 25, 1998.

(See Attachment 13, Pages 1-33)