BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

AGENDA

SEPTEMBER 28, 1999

Item 1 Marathon Resort and Marina, Ltd., Land Exchange

REQUEST: Consideration of a proposal to exchange a 0.5-acre parcel of privately-owned submerged land for a parcel of sovereignty submerged land encompassing 0.131 acre to be filled.

COUNTY: Monroe

Application No. 990601-10

APPLICANT: Marathon Resort and Marina, Ltd.

(a.k.a. the Carpediem Group)

LOCATION: Section 09, Township 66 South, Range 32 East, Florida Bay

Class III Waters, within the local jurisdiction of Monroe County

Area of Critical State Concern

Aquatic Preserve: N/A

Outstanding Florida Waters: Yes

STAFF REMARKS: The applicant is requesting a quitclaim deed from the Board of Trustees for a 0.131-acre parcel (5,685 square feet) of sovereignty submerged land located within an existing saltwater swimming pool adjacent to the Hampton Inn at the Marathon Resort and Marina. In exchange, the applicant is proposing to transfer by warranty deed to the Board of Trustees a 0.5-acre parcel of privately-owned submerged land that was previously conveyed by the Board of Trustees on July 20, 1951 (Board of Trustees’ Deed 19844, recorded in O.R. Book 65, Page 242, Monroe County). Upon exchange of the parcel of sovereignty submerged land by the Board of Trustees, the applicant proposes to fill the entire saltwater swimming pool and construct in its place a smaller, freshwater swimming pool for use at the resort. The applicant currently leases 13,424 square feet of sovereignty submerged lands from the Board of Trustees, which encompasses the subject parcel within the swimming pool, as well as docking structures associated with the marina.

The existing saltwater swimming pool covers approximately 0.25 acre of formerly sovereignty submerged lands. Approximately 0.131 acre of the swimming pool is sovereignty submerged lands and the remaining 0.119-acre parcel is privately-owned submerged land that was previously conveyed by the Board of Trustees (Board of Trustees’ Deed 19844). It appears the swimming pool was originally constructed by enclosing a portion of open bay bottom with a perimeter fill. The swimming pool is approximately five feet deep, mean low water, and the bottom is currently covered by soft silt and submerged seagrasses. There is limited exchange of water between the pool and the adjacent bay, because two concrete culverts, which were originally installed through the perimeter fill to maintain water circulation, have collapsed and are clogged with silt and decayed vegetation. A picture post card of the resort dated 1949 shows the swimming pool was in existence at that time, and aerial photographs from the 1950’s and 1960’s further document the existence of the pool.

The applicant’s 0.5-acre exchange parcel is located in open water of Florida Bay, approximately 125 feet northwest of the 0.131-acre parcel. Water depths in this parcel average roughly four feet, mean low water. The submerged land in this parcel is approximately 90 percent covered with seagrasses, various algae and a small amount of red mangroves.

In light of the exchange ratio of the privately-owned parcel of submerged land to the state’s sovereignty submerged lands (an approximate 4:1 ratio), the public’s interest would be enhanced by exchanging the larger parcel of submerged lands contiguous with other state-owned submerged lands for the smaller parcel within the swimming pool. The viability and marine productivity of the larger 0.5-acre parcel exceeds any marine functions provided within the isolated salt water pool. In addition, conveying the 0.5-acre privately-owned parcel back into public ownership would help reduce the potential for docks or other structures from being developed within this parcel, thus helping maintain the submerged lands in an essentially natural condition.

Authorization to fill the swimming pool has already been granted through the South Florida Water Management District (SFWMD) Permit Number 44-00251-P. This proposed activity has also been permitted by the U.S. Army Corps of Engineers. The proprietary noticing requirement of the proposed exchange to adjacent property owners within 500 feet of the project is ongoing. Completion of the noticing is required prior to the exchange. Noticing of the environmental resource permit application has been completed and no objections to the project were received.

If the exchange is approved, the applicant’s existing sovereignty submerged lands lease of 13,424 square feet will be reduced by 5,685 square feet (0.131 acre) for a total of 7,739 square feet.

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

(See Attachment 1, Pages 1-10)

RECOMMEND APPROVAL SUBJECT TO (1) RECEIPT OF AN ACCEPTABLE TITLE INSURANCE POLICY FOR THE 0.5-ACRE PARCEL; AND (2) COMPLIANCE WITH THE NOTICING REQUIREMENTS OF SECTION 253.115, F.S.