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AGENDA
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND
MARCH 23, 1999
Item 1 Minutes
Submittal of the Minutes of the January 26, 1999, and February 9, 1999
Cabinet Meetings.
RECOMMEND ACCEPTANCE
Item 2 SunTrust Bank, Southwest Florida Option Agreement/Survey
Waiver/Belle Meade CARL Project
DEFERRED FROM THE MARCH 9, 1999 AGENDA
REQUEST: Consideration of (1) an option agreement to acquire
171.5 acres within the Belle Meade CARL project from SunTrust Bank, Southwest
Florida; and (2) a request for survey waiver.
COUNTY: Collier
LOCATION: Section 23, Township 51 South, Range 27 East
CONSIDERATION: $265,000
APPRAISED BY
REVIEW Dane APPROVED PURCHASE OPTION
NO.
PARCEL ACRES (11/28/95) VALUE PRICE
DATE
905001
SunTrust 171.5 $308,700 $308,700 $265,000 150 days
Bank/446 after BOT
STAFF REMARKS: The Belle Meade CARL project is ranked number
2 on the CARL Priority Project List approved by the Board of Trustees
on February 10, 1998, and is eligible for purchase under the Division
of State Lands' (DSL) Land Acquisition Workplan.
This project contains 26,560 acres, of which 18,105.08 acres have been
acquired or are under agreement to be acquired. After the Board
of Trustees approves this agreement, 8,283.42 acres or 31 percent of the
project will remain to be acquired.
All mortgages and liens will be satisfied at the time of closing. In
the event the commitment for title insurance, to be obtained prior to
closing, reveals any other encumbrances which may affect the value of
the property or the proposed management of the property, staff will so
advise the Board of Trustees prior to closing.
Staff requests that the Board of Trustees, pursuant to its authority
under section 259.041(1), F.S., waive any portions of chapter 259, F.S.,
and any applicable rule or policy that may require a survey on this parcel.
It is the opinion of the Bureau of Survey and Mapping that available boundary
information is sufficient to reasonably protect the public's interest.
While this parcel is being recommended for a waiver of survey at this
time, should the title commitment and field inspection 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.
A title insurance policy, environmental site evaluation and, if necessary,
an environmental site assessment, will be provided by the purchaser prior
to closing. The seller will reimburse the purchaser's title insurance
cost.
Board of Trustees
Agenda - March 23, 1999 Page Two
Item 2, cont.
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 Department of Agriculture and Consumer
Services, Division of Forestry 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 2, Pages 1-22)
RECOMMEND APPROVAL
Item 3 Goetzman/Zydzik/Cassac Option Agreements/Florida
Keys Ecosystem CARL Project
REQUEST: Consideration of three option agreements to acquire
4.69 acres within the Florida Keys Ecosystem CARL project from Edward
J. and Sophia K. Goetzman; Edward H. and Gladys S. Zydzik; and Betty Cassac,
et al.
COUNTY: Monroe
LOCATION: Section 19, Township 66 South, Range 29 East
CONSIDERATION: $40,700
APPRAISED BY
REVIEW Hrabko APPROVED PURCHASE OPTION
NO. PARCEL ACRES
(05/18/98) VALUE PRICE DATE
905005 Goetzman/3073 1.57 $13,500 $13,500 $13,500 150 days
905006 Zydzik/3072 1.66 $14,000 $14,000 $14,000 after BOT
905007 Cassac/3075 1.46 $13,200 $13,200 $13,200
approval
4.69 $40,700 $40,700
STAFF REMARKS: The Florida Keys Ecosystem CARL project is ranked
number 4 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 7,033
acres, of which 1,151.22 acres have been acquired or are under agreement
to be acquired. After the Board of Trustees approves these agreements,
5,877.09 acres or 84 percent of the project will remain to be acquired.
On March 12, 1996, the Board of Trustees exercised its authority under
section 259.041(1), F.S., to waive the normal appraisal procedures and
to utilize appraisals based on land use regulations in effect as of January
1, 1996, in Monroe County, Florida.
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 Board of Trustees
Agenda - March 23, 1999 Page Three
Item 3, cont.
affect the value of the properties or the proposed management of the
properties, staff will so advise the Board of Trustees prior to closing.
Title insurance policies, surveys, environmental site evaluations and,
if necessary, environmental site assessments will be provided by the purchaser
prior to closing.
The unique pine rocklands and hardwood hammocks of the Florida Keys,
forests of West Indian plants that shelter several extremely rare animals,
are being lost to the rapid development of these islands. The Florida
Keys Ecosystem CARL project will protect all the significant unprotected
hardwood hammocks left in the Keys and many rare plants and animals, including
the Lower Keys marsh rabbit and the Key deer. It will also help protect
the Outstanding Florida Waters of the Keys, the recreational and commercial
fisheries, and the reefs around the islands, and also give residents and
visitors more areas for enjoying the natural beauty of the Keys.
These properties will be managed by the Florida Game and Fresh Water
Fish Commission for the conservation and preservation of their natural
resources.
These acquisitions are consistent with section 187.201 (10), F.S., the
Natural Systems and Recreational Lands section of the State Comprehensive
Plan.
(See Attachment 3, Pages 1-31)
RECOMMEND APPROVAL
Item 4 Jer-Be-Lou Development Corporation, Inc. Option
Agreement/Managing Agency Designation/Management Policy Statement Amendment/Dickerson
Bay CARL Project
REQUEST: Consideration of (1) an option agreement to acquire
31.2 acres within the Dickerson Bay CARL project from Jer-Be-Lou Development
Corporation, Inc.; (2) designation of the Department of Environmental
Protection, Division of Recreation and Parks; the United States Fish and
Wildlife Service; and Wakulla County as managing agencies; and (3) an
amendment to the management policy statement.
COUNTY: Wakulla
LOCATION: Sections 13 and 24, Township 05 South, Range
02 West
CONSIDERATION: $275,000
APPRAISED BY
REVIEW Rogers APPROVED PURCHASE OPTION
NO. PARCEL ACRES
(04/28/98) VALUE PRICE DATE
905008 Jer-Be-Lou/2 19.6 $245,000 $245,000 $240,000 150
days
Jer-Be-Lou/27 11.6 $ 35,000 $ 35,000
$ 35,000 after BOT
31.2 $280,000 $275,000 approval
STAFF REMARKS: The Dickerson Bay CARL project is ranked number
12 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 Board of Trustees
Agenda - March 23, 1999 Page Four
Item 4, cont.
contains 4,943 acres, of which these are the first to be acquired. After
the Board of Trustees approves this agreement, 4,911.8 acres or 99 percent
of the project will remain to be acquired.
All mortgages and liens will be satisfied at the time of closing.
In the event the commitment for title insurance, to be obtained prior
to closing, reveals any other encumbrances which may affect the value
of the property or the proposed management of the property, staff will
so advise the Board of Trustees prior to closing.
A title insurance policy, a survey, an environmental site evaluation
and, if necessary, an environmental site assessment, will be provided
by the purchaser prior to closing.
On the coast of Wakulla County, the shallow, waveless Gulf of Mexico
laps against the convoluted salt marshes backed by pine flatwoods, all
still in a natural state. The St. Marks National Wildlife Refuge already
protects much of this coast; the Dickerson Bay CARL project will protect
more, including areas critical to the survival of the endangered Kemp's
ridley sea turtle. In so doing, it will also protect the fishery in the
area by protecting its foundation - rich mud flats and sea grass beds
- and will help add land to Mashes Sands County Park where people may
enjoy the beauty of this little-disturbed coast.
Section 259.032(9)(b)2., F.S., requires that the Board of Trustees,
concurrent with its approval of the initial acquisition agreement within
a project, "designate an agency or agencies to manage such lands
and shall evaluate and amend, as appropriate, the management policy statement
for the project as provided by section 259.035, F.S., consistent with
the purposes for which the lands are acquired." The Land Acquisition
and Management Advisory Council recommended that the Dickerson Bay CARL
project be managed by the Division of Recreation and Parks and the U.S.
Fish and Wildlife Service (USFWS). The USFWS has agreed to manage the
Jer-Be-Lou tracts which are adjacent to the St. Marks National Wildlife
Management Area. In June 1998, Wakulla County (County) made a request
to the Division of Recreation and Parks (DRP) that the County be allowed
to manage the southern area of the Dickerson Bay project. The DRP agreed
with the County that the southern area of the Dickerson Bay project should
be managed by the County because it is adjacent to Mashes Sands County
Park. The Bald Point tract, which was added to this project in December
1998 and is across Ochlocknee Bay in Franklin County, will be managed
by the DRP as a state park. Thus, the Department of Environmental Protection
(DEP) recommends that the Board of Trustees designate Wakulla County and
the USFWS as the managers of the Dickerson Bay portion of the project
and the DRP as the manager of the Bald Point portion of the project.
Pursuant to section 253.034(1), F.S., "… where feasible and consistent with the goals of protection and conservation of natural resources associated with lands held in the public trust by the Board of Trustees of the Internal Improvement Trust Fund, public land not designated for single-use purposes pursuant to paragraph (2)(b) [shall be] managed for multiple-use purposes." The management policy statement for the Dickerson Bay CARL project in the 1998 CARL Annual Report states, "The project should be managed under the single-use concept: management activities should be directed toward the preservation of the salt marshes, flatwoods, and other communities around the bays. Consumptive uses such as hunting or logging should not be permitted." The USFWS, however, allows hunting and timber management on some of the St. Marks National Wildlife Refuge. Whether these parcels are suitable for either of these activities will be evaluated by USFWS when developing the management plan.
Therefore, the DEP recommends that the management policy statement be
amended as follows: Board of Trustees
Agenda - March 23, 1999 Page Five
Item 4, cont.
The primary objectives of management of the Dickerson Bay CARL project
are to maintain and restore the natural communities around Dickerson and
Levy Bays and to give the public an area for hiking, fishing, camping,
and other recreation compatible with protection of the natural resources.
Protecting the natural communities of the area is critical to the survival
of the endangered Kemp's ridley sea turtle and will also help protect
habitat for wading birds and shore birds. It will also help protect a
recreational and commercial fishery that depends on the marine life of
the bays.
The project should be managed under the single-use concept: management
activities should be directed toward the preservation of the salt marshes,
flatwoods, and other communities around the bays. Secondary uses that
are compatible with the primary Consumptive uses,
such as hunting or logging, should not be permitted
evaluated on a case by case basis. Managers should control public
access to the project; limit public motor vehicles to one or a few main
roads; thoroughly inventory the resources; burn the fire-dependent flatwoods
in a pattern mimicking natural lightning-season fires, using natural firebreaks
or existing roads for control; and monitor management activities to ensure
that they are actually maintaining or improving the quality of the natural
communities. Managers should limit the number and size of recreational
facilities, such as hiking trails, ensure that they avoid the most sensitive
resources, and site them in already disturbed areas when possible.
The project includes nearly all of the undeveloped, privately-owned
land along Dickerson and Levy Bays and adjoins the Mashes Sands County
Park on its southeast border. It therefore has the configuration and location
to achieve its primary objectives.
This acquisition is consistent with section 187.201 (10), F.S., the
Natural Systems and Recreational Lands section of the State Comprehensive
Plan.
(See Attachment 4, Pages 1-34)
RECOMMEND APPROVAL
Item 5 Fender/Dovey Option Agreements/Survey Waivers/South
Savannas CARL Project
REQUEST: Consideration of (1) two option agreements to
acquire 11.31 acres within the South Savannas CARL project from Robert
C. and Sarah E. Fender; and Hazel G. Dovey; and (2) a request for survey
waivers.
COUNTY: St. Lucie
LOCATION: Section 19, Township 36 South, Range 41 East
CONSIDERATION: $73,500
APPRAISED BY
REVIEW Gray APPROVED PURCHASE OPTION
NO. PARCEL ACRES
(02/08/95) VALUE PRICE DATE
905003 Fender/71 5.48 $35,600 $35,600 $35,600 150 days
905004 Dovey/72 5.83 $37,900 $37,900 $37,900
after BOT
11.31 $73,500 $73,500 approval Board of Trustees
Agenda - March 23, 1999 Page Six
Item 5, cont.
STAFF REMARKS: The South Savannas CARL project is ranked number
7 on the CARL Substantially Complete Project List approved by the Board
of Trustees on February 10, 1998, and is eligible for negotiation under
the Division of State Lands' (DSL) Land Acquisition Workplan. The project
contains 6,046 acres, of which 4,891.72 acres have been acquired or are
under agreement to be acquired. After the Board of Trustees approves these
agreements, 1,142.97 acres or 19 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.
Staff requests that the Board of Trustees, pursuant to its authority
under section 259.041(1), F.S., waive any portions of chapter 259, F.S.,
and any applicable rule or policy that may require a survey on this parcel.
It is the opinion of the Bureau of Survey and Mapping that available boundary
information is sufficient to reasonably protect the public's interest.
While these parcels are being recommended for a waiver of surveys at
this time, should the title commitments and field inspections reveal a
substantive surveying or surveying related issue which impacts the parcels,
certified surveys will be provided by the purchaser prior to closing.
In the event full surveys are waived, a professional land surveyor will
inspect the properties 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 these properties.
Title insurance policies, environmental site evaluations and, if necessary,
environmental site assessments will be provided by the purchaser prior
to closing.
Around Fort Pierce a chain of marshes and lakes separating inland pine
flatwoods from the coastal scrub on the high Atlantic Ridge has survived
the rapid development of St. Lucie and Martin counties. The South Savannas
CARL project will conserve these coastal freshwater marshes and the nearby
flatwoods and scrub so that the wildlife and plants of this area, some
extremely rare, will continue to survive and the public can learn about
and enjoy this scenic remnant of the original southeast Florida.
These properties will be managed by the Division of Recreation and Parks
as part of the Savannas State Preserve.
These acquisitions are consistent with section 187.201 (10), F.S., the
Natural Systems and Recreational Lands section of the State Comprehensive
Plan.
(See Attachment 5, Pages 1-28)
RECOMMEND APPROVAL
Item 6 Ten Option Agreements/Two Purchase Agreements/Corkscrew
Regional Ecosystem Watershed CARL Project
REQUEST: Consideration of authorization to acquire 100 percent
interest in 80 acres within the Corkscrew Regional Ecosystem Watershed
CARL project from twelve separate owners.
COUNTY: Lee Board of Trustees
Agenda - March 23, 1999 Page Seven
Item 6, cont.
LOCATION: Sections 25, 26 and 27, Township 47 South, Range 26
East
CONSIDERATION: $139,000
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 1,099.5 acres have been acquired by or are under contract to the Board
of Trustees. After the Board of Trustees approves this agreement, 37,773.5
acres or 64 percent of this project will remain to be acquired.
When the CREW project 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 Board of Trustees
Agenda - March 23, 1999 Page Eight
Item 6, cont.
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, $1,870,504 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 $11,489,496.
The District has acquired ten options to purchase ten parcels from The
Nature Conservancy, and two agreements for sale and purchase, all at 100
percent of appraised value. Pursuant to the terms of the amended acquisition
agreement, the District shall be reimbursed for all costs associated with
acquiring the twelve 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 properties. Title to the properties
acquired will vest in the Board of Trustees.
As provided for in the amended acquisition agreement, the Governing
Board of the District adopted Resolutions 99-09 and 99-10 requesting the
Board of Trustees' share of the purchase price for the twelve 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. The District's resolutions contain all
of the assurances required by the amended acquisition agreement.
These properties 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 6, Pages 1-14)
RECOMMEND APPROVAL
Item 7 Fallin/Vickers/Pegel Option Agreement/Fort George
Island Project
REQUEST: Consideration of an option agreement to acquire 12.2
acres within the Fort George Island Division of Recreation and Parks'
Additions and Inholdings project from H. Randolph Fallin, J. M. Vickers
and Carl E. Pegel.
COUNTY: Duval
LOCATION: Section 19, Township 01 South, Range 29 East
CONSIDERATION: $77,500
APPRAISED BY
REVIEW Roark APPROVED PURCHASE OPTION
NO. PARCEL ACRES
(07/23/98) VALUE PRICE DATE
905002 Fallin, et al 12.2 $78,000 $78,000 $77,500 150 days
after BOT
approval
Board of Trustees
Agenda - March 23, 1999 Page Nine
Item 7, cont.
STAFF REMARKS: The Fort George Island project has been identified
on the Division of Recreation and Parks' Additions and Inholdings List.
This agreement was negotiated by the Division of State Lands on behalf
of the Division of Recreation and Parks (DRP) under the State Parks Additions
and Inholdings Preservation 2000 program. The project contains 24 acres,
of which these are the first to be acquired. After the Board of Trustees
approves this agreement, 11.8 acres or 49 percent of the project will
remain to be acquired.
All mortgages and liens will be satisfied at the time of closing.
In the event the commitment for title insurance, to be obtained prior
to closing, reveals any other encumbrances which may affect the value
of the property or the proposed management of the property, staff will
so advise the Board of Trustees prior to closing.
A title insurance policy, a survey, an environmental site evaluation
and, if necessary, an environmental site assessment, will be provided
by the purchaser prior to closing.
This property will be managed by the Division of Recreation and Parks
as an addition to the Fort George Island State Cultural Site.
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 1-19)
RECOMMEND APPROVAL
Item 8 Ray/Waris Option Agreements/Topsail Hill State
Preserve Project
REQUEST: Consideration of two option agreements to purchase the
leasehold interests of tenants in property located within Topsail Hill
State Preserve Division of Recreation and Parks' Additions and Inholdings
project from Jerald D. and Barbara K. Ray, and James E. and Regina A.
Waris.
COUNTY: Walton
LOCATION: Section 32, Township 02 South, Range 20 West
CONSIDERATION: $54,097.75
APPROVED
APPRAISED BY VALUE LEASEHOLD
REVIEW Fruitticher (exclusive of PURCHASE OPTION
NO. PARCEL (10/16/98)
improvements) PRICE DATE
905009 Ray $ 87,000* $25,889 $24,594.55 45 days after
905010 Waris $100,000* $31,056 $29,503.20
BOT approval
$56,945 $54,097.75
*Includes value of leasehold and park home
STAFF REMARKS: These acquisitions, located within the Topsail
Hill State Preserve, were negotiated by the Division of State Lands on
behalf of the Division of Recreation and Parks (DRP) under the State Parks'
Additions and Inholdings Preservation 2000 Program.
On June 24, 1998, the Board of Trustees approved a contract to purchase
the Emerald Coast RV Park (RV Park), subject to seventeen twenty-year
leases (initial lease term of three years, Board of Trustees
Agenda - March 23, 1999 Page Ten
Item 8, cont.
renewable annually for seventeen additional years) to third parties
which were not terminable prior to the state's acquisition of the RV Park.
Subsequent to the approval of the June 24, 1998 item, it was discovered
that there were eighteen leases instead of seventeen leases. The leases,
which are now situated on state-owned land, grant exclusive use of the
leased property to the leaseholders. Upon acquisition of the fee title
to the land, the Board of Trustees assumed the role of lessor under these
leases. Prior to acquisition by the state, the leaseholders had placed
fixed improvements (park homes) on the leased properties, in the form
of modular structures, porches, sheds, carports and landscaping. The DRP,
the managing agency, does not intend to extend the leases beyond their
present twenty-year term. The Ray lease began in 1994 and the Waris lease
began in 1996. The leasehold interests will be acquired using P2000 funding.
Because the improvements are considered to be the personal property of
the tenants, the DRP will purchase the park homes from its fixed capital
outlay appropriation for Topsail Hill State Preserve ($58,005.45 for the
Ray park home and $65,496.80 for the Waris park home - both at 95 percent
of the appraised value). The improvements will be managed as rental units
by the DRP as part of the RV Park.
All mortgages and liens will be satisfied at the time of closing.
The DRP will furnish an endorsement to the Board of Trustees' existing
title insurance policy deleting any current exceptions related to the
leaseholds and park homes. In the event the title insurance searches,
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.
These properties will be managed by the DRP as an addition to the
Topsail Hill State Preserve.
The acquisition of the leaseholds 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 1-62)
RECOMMEND APPROVAL
Item 9 Surplus Land Sale/Duval County/Julien P. Benjamin,
Jr.
REQUEST: (1) Consideration of bids submitted for a surplus land
sale; and (2) acceptance of a bid submitted by Julien P. Benjamin, Jr.,
in the amount of $251,643.
COUNTY: Duval
LOCATION: Section 11, Township 02 South, Range 28 East
CONSIDERATION: $251,643, to be deposited in the Internal Improvement
Trust Fund and/or CARL Trust Fund
STAFF REMARKS: The subject surplus property includes a 5,000
square-foot one-story dormitory style building with two out-buildings
and sits on 7.67 acres. The primary building will require extensive repair
and renovation and has been valued by the appraiser as a "shell."
No value was assessed to the two outbuildings because of their poor condition.
Historically the property was used by the Department of Health and Rehabilitative
Services (now Department of Juvenile Justice) as a home for juvenile delinquent
girls. The Department of Juvenile Justice determined that it had no further
use for the property and so notified the Department of Environmental Protection,
Division of State Lands (DSL) requesting a release from its lease.
Board of Trustees
Agenda - March 23, 1999 Page Eleven
Item 9, cont.
State agencies and local governments were duly notified of the availability
of the property and sale of the property was delayed for several months
on two occasions when the City of Jacksonville considered leasing the
property and the Department of Juvenile Justice reconsidered its need
for the property. In the end, the property was returned to the surplus
process.
On November 16, 1995, the Land Management Advisory Council designated
the property as surplus. In September 1998, staff advertised the property
for sale and only one bid, in the amount of $50,000, was received. On
October 13, 1998, the Board of Trustees rejected this bid. In February
1999, DSL again advertised the property for sale and the following is
a tabulation of the bids received and considered by the advertised deadline:
OFFER SUBMITTED BY AMOUNT OF BID
Julien P. Benjamin, Jr. $ 251,643
John W. McCarthy $ 180,566
Gregory Andriotis $ 82,000
The market value of the property on May 15, 1996, as appraised by Duncan
R. Ennis, MAI, State Certified General Appraiser, was $204,000. The Bureau
of Appraisal did not recommend updating the appraisal since land values
in the area have not increased more than two percent to three percent
since the 1996 appraisal; however, the market value was adjusted from
$204,000 to $208,580 based upon a new survey which reflected an acreage
of 7.67 acres, versus the 7.398 acres used during the appraisal process.
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 9, Pages 1-22)
RECOMMEND APPROVAL
Item 10 Bates/Escambia River Electric Cooperative,
Inc. Easements/Blackwater River State Forest
REQUEST: Consideration of a request to issue (1) a 50-year non-exclusive
access easement to Mary Frieda Foerster Bates; and (2) a 50-year non-exclusive
utility easement to Escambia River Electric Cooperative, Inc., each containing
0.36 acre, more or less.
COUNTY: Santa Rosa
Easement Numbers 30046 and 30151
APPLICANTS: Mary Frieda Foerster Bates and Escambia River Electric
Cooperative, Inc.
LOCATION: Section 33, Township 05 South, Range 26 West
CONSIDERATION: $360, to be deposited in the Internal Improvement
Trust Fund, and participation in the Blackwater River State Forest Volunteer
Program, as requested by the Department of Agriculture and Consumer Services,
Division of Forestry (Forestry). Board of Trustees
Agenda - March 23, 1999 Page Twelve
Item 10, cont.
STAFF REMARKS: Forestry currently manages Blackwater River State
Forest under Board of Trustees' lease number 3686. Mary Frieda Foerster
Bates owns a 40-acre inholding that is surrounded by state forest land.
She has requested an easement to secure access to her property. Forestry
has requested that a utility easement, originally requested by Ms. Bates
with the access easement, be granted to Escambia River Electric Cooperative,
Inc., to provide Ms. Bates with electricity. Both easements will be located
along 0.15 mile of an old logging road.
Pursuant to section 704.01(2), F.S., a statutory way of necessity exists
when any land is shut off or hemmed in so that no practicable route of
ingress or egress is available to the nearest public or private road.
The owner may lawfully use and maintain an easement for persons, vehicles,
stock, utility service, etc., over, under, through, and upon the lands
which provide the nearest practical route between the hemmed-in lands
and nearest public or private road. Although there has been no judicial
determination that the applicant is entitled to a statutory way of necessity
under the provisions of section 704.01(2), F.S., staff has reviewed this
matter and it appears that the applicant's property meets the criteria
for a statutory way of necessity.
Forestry has reviewed the easement requests and states that there is
no practical way to gain access to the Bates property without crossing
the state forest. Forestry also states that the easements are not incompatible
with the management of the state forest. It has recommended issuance of
the easements subject to the following: (1) the road must remain open
to the public; (2) Ms. Bates must maintain the easement area; and (3)
Ms. Bates must coordinate any of her road maintenance activities with
state forest personnel and ensure that exotics are not introduced with
road fill material. Ms. Bates has agreed to all the conditions, and they
have been included in the easement. Pursuant to the Board of Trustees'
Incompatible Use Policy, the applicant must provide a net positive benefit
to the affected state land. Forestry has requested that Ms. Bates participate
in the Blackwater River State Forest Volunteer Program as a net positive
benefit, and she has agreed to do so.
On February 11, 1999, the Land Acquisition and Management Advisory Council
recommended approval of the easements.
Pursuant to section 18-2.020, F.A.C., a one-time fee for private easements
of greater than one-quarter acre in size shall be assessed and be based
upon an appraisal. The applicant submitted an appraisal of the fee value
of the 0.36-acre easement area performed by M. Eugene Presley, State Certified
General Appraiser. The effective date of value was October 1, 1997, and
the estimated market value of the 0.36-acre parcel was $360. Staff performed
an administrative review of the appraisal, and recommends acceptance of
the parcel's market value of $360 as payment for both easements.
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 as amended according
to a letter received from the county.
(See Attachment 10, Pages 1-27)
RECOMMEND APPROVAL
Board of Trustees
Agenda - March 23, 1999 Page Thirteen
Item 11
Pan American Construction, L.P. Mining Lease Modification/Bid Requirement
Waiver
DEFERRED FROM THE MARCH 9, 1999 AGENDA
DEFERRED FROM THE FEBRUARY 23, 1999 AGENDA
REQUEST: Consideration of a request to (1) waive the competitive
bid requirements of section 18-2.018(3), F.A.C.; (2) extend the term of
that portion of lease number 2429, containing 430 acres, more or less,
assigned to Pan American Construction, L.P., for one additional five-year
term followed by five succeeding one-year terms; and (3) increase the
royalty payments.
COUNTY: Dade
Lease Number 2429
APPLICANT: Pan American Construction, L.P., a Delaware limited
partnership
LOCATION: Section 23, Township 53 South, Range 39 East
CONSIDERATION: Minimum annual rental payment of $20,000 to be
credited against a royalty of $0.10 per short ton or 5.5 percent of actual
sales, whichever is greater, of limerock extracted.
STAFF REMARKS: On April 14, 1970, the Board of Trustees leased
1,000 acres, more or less, to Seminole Rock Products, Inc., (Seminole)
for limerock mining. The lease was granted for an initial term of ten
years, with two additional 10-year extensions. In return, Seminole agreed
to pay $25,000 in rent for each of the first two years of the lease and
$40,000 per year thereafter. Under the lease, these rental payments were
to be credited annually against royalties of seven cents per short ton
or four percent of sales. Mining of the property commenced in 1972.
On June 17, 1974, the Board of Trustees consented to Seminole subleasing
its leasehold interest to Vulcan Materials, Inc. (Vulcan). On February
27, 1987, Seminole formally assigned its rights under the lease to Vulcan,
which then became the sole lessee.
On May 17, 1996, Vulcan assigned its "Section 22" rights under
lease number 2429 to Florida Rock Industries, Inc. (FRI). The $40,000
minimum annual rental payment was divided evenly between the two lessees.
On June 12, 1997, the Board of Trustees agreed to extend the lease to
FRI for two additional 10-year terms.
On March 18, 1997, Vulcan assigned its remaining rights under lease
number 2429 to Pan American Construction L.P. (Pan American). Vulcan assigned
to Pan American "that part of Section 23, Township 53 South, Range
39 East, described in the lease except for the West 150 feet of the South
2,260 feet and less the South 660 feet thereof." This assigned area
is characterized in the assignment as "Section 23."
Pan American is now requesting that the Board of Trustees amend that
portion of lease number 2429 assigned to Pan American by extending the
term for one additional five-year term followed by five succeeding one-year
terms. The parcel has been substantially mined, but additional time is
needed to extract the remaining resources. In consideration for the Board
of Trustees' grant of this lease amendment, Pan American has agreed to
increase the royalty and payment terms of the lease which have not changed
since 1970.
Pan American will continue to guarantee its $20,000 portion of the minimum
annual rental payment which will be credited against a royalty of ten
cents per short ton (versus the current Board of Trustees
Agenda - March 23, 1999 Page Fourteen
Item 11, cont.
seven cents per short ton) of limerock extracted, or five and one-half
percent of sales (versus the current four percent of sales), whichever
is greater. Historically, the percentage of sales has exceeded the
royalty based on the tonnage mined at this site. The new royalty was estimated
by applying the increase from 1982 to 1998 in the Producer Price Index
for Crushed and Broken Limestone to the original royalty. Using guidelines
obtained from the Bureau of Geology and a state approved appraiser in
Dade County, staff determined that the new royalty falls within the reasonable
range ($0.09 to $0.35 per ton). According to information received from
the Bureau of Geology, a landowner's return should depend on a variety
of factors including the location of the property, quality of the mineral,
market conditions, volume of remaining reserves, competition, production
costs and reclamation costs. The relatively small amount of reserve left
at this site and the difficulty associated with mining suggests a value
at the lower end of the spectrum.
The royalty will be adjusted annually based on the Producer Price Index
(PPI). The upward or downward adjustment of the royalty rate based on
changes in the PPI shall not exceed a change of more than five percent
compared to the royalty rate for the immediately preceding year. In no
event will the royalty be less than ten cents per short ton. Pan American
will supply monthly operating reports showing the tonnage extracted from
the Section 23 leasehold during the previous month. As soon as royalties
exceed the $20,000 guaranteed rental payment, Pan American will furnish
the Board of Trustees with monthly royalty payments in accordance with
the monthly reports of mined material. Should royalties on actual tonnage
extracted on an annual basis by Pan American be worth less than $20,000,
no carry forward of rental credit will apply, and under no circumstances
will the Board of Trustees return on the lease be less than $20,000 per
year.
Pursuant to section 18-2.018(2)(I), F.A.C., the Board of Trustees shall
award authorization for uses of state-owned land on the basis of competitive
bidding rather than negotiation unless otherwise determined to be in the
public interest. Staff believes that extending the current lease is
in the public interest and recommends that the Board of Trustees waive
the competitive bidding process for the following reasons:
1. Mining has occurred on the site since April 1970. The amount of
resources remaining to be extracted is limited and is estimated to be
only 7.7 million tons. It is unlikely that another company would be willing
to incur the costs associated with setting up a new mining operation for
such limited resources. Staff met with an adjacent producer, John Baker,
president of Florida Rock Industries, Inc., on February 17, 1999, who
stated that his company would not be interested in the property for that
reason. Mr. Baker's position was again verified on March 5, 1999. Pan
American is already on site and mining and is in a better position to
maximize the economic return to the state than a new lessee.
2. The original permit under which Pan American has been operating
called for a 150-foot buffer area around the mined lakes. Pan American
has obtained a permit modification reducing the buffer areas to 50 feet
allowing Pan American to mine an additional 100 feet around the lakes.
The permit modification also allows Pan American to mine the eastern edge
of both lakes and the western edge of the northern lake. The estimated
7.7 million tons remaining to be extracted will come from these three
areas. The breakdown for tonnage for these areas is 4.6 million tons for
reserves in the buffer areas reduced from 150 feet to 50 feet, 1.0 million
tons for the eastern side of both lakes in Section 23, and 2.1 million
tons for the 16 acres on the western edge of the northern lake. If any
additional area is permitted within the leased land, Pan American will
have to renegotiate the royalty for that area.
3. The estimated 100-foot strips around the lakes are very narrow
areas to mine; thus, it is more expensive to remove material from these
areas. Also, due to the narrow size to be Board of Trustees
Agenda - March 23, 1999 Page Fifteen
Item 11, cont.
mined, some material will be lost at the bottom of the lake. It is
more expensive to drag and recover the material that falls into the lake.
Because of size limitations, it is not possible to mine this property
any deeper than its current depth of 60 to 65 feet. Other properties in
the lakebelt region can be mined to a depth of 100 feet. Dade County's
Department of Environmental Resources Management (DERM) and the Corps
of Engineers would like Pan American to connect the lakes in Sections
23 and 24 so that two large lakes would be created instead of the four
small lakes that now exist. This is environmentally important to Dade
County because it creates larger lake areas that will hold additional
water. Another leaseholder could not accomplish this because they do not
own the property in Section 24 and could not mine the area that would
connect the lakes. The lease area to the west of the northern lake contains
approximately 16 acres of land not yet mined but permitted.
4. Existing roads around the mine are built with rock material that
has been excavated from the mine. This material is owned by Pan American.
If the lease is not renewed, Pan American must remove the road material
surrounding these mines. It must mitigate as it removes the roads by replacing
them with muck and recreating wetlands around the edges of the lakes.
It must do this in accordance with its existing permits. If another lessee
were to acquire the lease, it would have to remove the muck, remove the
newly created wetlands, and build new roads before it could begin mining.
5. DERM, the Corps of Engineers and Pan American have agreed to a
mitigation plan that is favorable to the South Florida Water Management
District and Dade County. If Pan American is allowed to mine this additional
100-foot buffer, it has agreed to perform one of two mitigation options.
First, if lakebelt mitigation fee legislation passes, Pan American will
pay the fee contained in that legislation. The money will then be used
to buy mitigation land. If the lakebelt mitigation fee legislation does
not pass, Pan American has agreed to remove the Melaleuca that is growing
on the remainder of the state-owned land in Section 23 that cannot be
mined (111.7 acres) and maintain the property in a Melaleuca free state
for the next ten years.
Pursuant to section 18-2.018(1)(a), F.A.C., the decision to authorize
the use of Trustees-owned uplands requires a determination that such use
is not contrary to the public interest. Since this request extends an
existing use, the Board of Trustees has already made its determination
with regard to the probable impacts of the proposed activity on the uplands.
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.
(See Attachment 11, Pages 1-25)
RECOMMEND APPROVAL
Item 12 Holiday Harbor Marina, Inc. Recommended Consolidated
Intent
REQUEST: Consideration of an application for (1) a modification
of a sovereignty submerged lands lease to increase the preempted area
from 30,349.5 square feet to 69,758.5 square feet for an existing commercial
marina; (2) authorization for the severance of 3,910 cubic yards of sovereign
material; and (3) authorization for the placement of 450 cubic yards of
riprap.
Board of Trustees
Agenda - March 23, 1999 Page Sixteen
Item 12, cont.
COUNTY: Escambia
Application No. 17-0126421-001-DF
Lease No. 170770499
APPLICANT: Holiday Harbor Marina, Inc.
LOCATION: Sections 14 and 27, Township 03 South, Range 32 West,
in the Old River, Class III Waters, Unclassified Shellfish Harvesting
Area, within the local jurisdiction of Escambia County.
Outstanding Florida Water - No
Aquatic Preserve - No
CONSIDERATION: $15,581.28, representing (1) $6,783.78 as the
initial lease fee computed at the base rate of $0.1156 per square foot,
discounted 30 percent because of the first-come, first-served nature of
the facility and including the 25 percent surcharge for the additional
area; and (2) $8,797.50 for severance of sovereign material computed at
the rate of $2.25 per cubic yard, pursuant to section 18-21.011(3)(a)2,
F.A.C. Sales tax will be assessed, pursuant to section 212.031, F.S.,
if applicable. The lease fee may be adjusted based on six percent of the
annual rental value, pursuant to section 18-21.011, F.A.C.
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 a wetland 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 qualifies for a wetland resource permit, the
DEP will issue a "Consolidated Notice of Denial" for both the
wetland resource permit and the authorization to use sovereignty submerged
lands.
The applicant is proposing to expand an existing 15-slip commercial
marina by constructing a 625-foot long by 6-foot wide marginal dock with
thirteen 14-foot long by 3-foot wide finger piers that will provide 24
additional boat slips. In addition, the applicant proposes to construct
a 325-foot long by 10-foot wide courtesy dock that will connect to the
north end of the proposed marginal dock, to provide temporary, parallel
mooring for boats using the upland commercial facilities.
The applicant is also proposing to dredge 3,910 cubic yards of sovereign
material to increase the depth of the mooring area to -5 feet mean low
water. The spoil material will be disposed of in a self-contained upland
spoil site. Also proposed is the placement of 450 cubic yards of rip-rap
within the area of the marginal dock.
Board of Trustees
Agenda - March 23, 1999 Page Seventeen
Item 12, cont.
The applicant's original lease was approved by the Board of Trustees
on September 17, 1985, which included approval for 92 boat slips and the
preemption of 63,523.6 square feet. However, the applicant never completed
construction as planned and subsequently sold a portion of the upland
property. As a result, the applicant modified the lease in 1990 to reduce
the preempted area to 30,349.5 square feet, the current size of the marina.
The existing commercial marina and proposed expansion will serve adjacent
upland commercial activities, including a proposed restaurant, proposed
retail shops and/or other associated commercial activities. All slips
at the marina will be maintained on an open to the public, first-come,
first-served basis; this has been addressed as a special lease condition.
The DEP wetland resource permit prohibits liveaboards, but does authorize
sewage pumpout facilities and fueling facilities. The project is located
in Class III, Unclassified Shellfish Harvesting Waters; therefore, no
objection was obtained from the Division of Marine Resources (DMR). The
DMR stated no objection to the project regarding manatees. The project
was not noticed, pursuant to section 253.115(5)(i), F.S., as the project
is a lease modification.
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 the Compliance Agreement between DCA and the local government, an
amendment has been adopted which brought the plan into compliance. The
proposed action is consistent with the adopted plans as amended according
to a letter received from Escambia County dated August 11, 1997.
(See Attachment 12, Pages 1-29)
RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE CONDITIONS AND
PAYMENT OF $15,581.28
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