AGENDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND APRIL 14, 2015 Attachments to the items below can be viewed at the following link: http://www.dep.state.fl.us/secretary/cab/public_notices.htm Item 1 Minutes Submittal of the Minutes from the February 5, 2015 Cabinet Meeting. VOTING REQUIREMENT FOR APPROVAL: Two members, one of whom is the Governor, when four members are voting; or any two members, when three members are voting. (See Attachment 1 at http://www.dep.state.fl.us/secretary/cab/public_notices.htm) RECOMMEND APPROVAL Item 2 Miami-Dade County Sale and Purchase Contract/Right of Entry Release/ Determination REQUEST: Consideration of (1) a determination that approximately 82 acres of state-owned, non-conservation land in Miami-Dade County is surplus and no longer needed, pursuant to section 253.034(6), F.S.; (2) approval of a contract for sale and purchase of the approximately 82 acres of state-owned, non-conservation land to Miami-Dade County; and (3) the release of the right of entry for all the phosphate, minerals, metals, and petroleum reservations, pursuant to section 270.11, F.S. VOTING REQUIREMENT FOR APPROVAL: Three votes COUNTY: Miami-Dade APPLICANT: Miami-Dade County (County) LOCATION: Section 09, Township 52 South, Range 40 East CONSIDERATION: $12,300,000 to be deposited in the Internal Improvement Trust Fund APPRAISED BY: Newstreet APPROVED PURCHASE CLOSING PARCEL ACRES (02/13/15) VALUE PRICE DATE BOT 81.95 $12,300,000 $12,300,000 $12,300,000 1 day after Seller s execution of contract STAFF REMARKS: The holds title to the approximately 82 acres (subject property), by Everglades Drainage District Deed 6997 and Deed 033, which are former Murphy Act lands. The subject property consists of four non-contiguous parcels of which the northern 36.21-acre parcel is not currently leased. The remaining three southern parcels (totaling 45.74 acres) are leased to the Miami-Dade County School Board (School Board) under Board of Trustees Lease No. 4453. The School Board s lease is for a term of 50 years, with an expiration
Page Two Item 2, cont. date of 2054. approximate. The subject property is vacant and currently not in use. All acreages are Project Description The subject property is unimproved and situated north of the city of Hialeah, in unincorporated Miami-Dade County, along the western boundary of the Florida Turnpike and east of Interstate 75. The County has requested to purchase the subject property for economic development. The County plans to convey the subject property to a private developer for the creation of business enterprises which would enhance and expand economic activity in the County, including a requirement that a minimum of 5,000 permanent jobs be created within ten years. Portions of the subject property have been surveyed for cultural purposes and the Florida Department of State (DOS) determined there are two recorded archeological sites, 8DA111875 and 8DA1080, which appear to be partially or entirely within Section 09. DOS is requesting that a professional cultural resource survey be prepared for any portions of the subject property not previously surveyed prior to any construction upon the subject property. The purpose of the survey is to locate and assess any resources present and the final survey must be forwarded to DOS s Division of Historical Resources in order to complete the review process. The private developer acknowledges in its contract to purchase the subject property from the County: (1) the existence of the two areas within the subject property that have been identified as actual or potential sites of archaeological significance; and (2) it is subject to compliance with applicable laws pertaining to these areas and any others that may be subsequently identified. The Florida Department of Transportation (FDOT), District VI, has identified areas on the northern portion of the subject property it may need to utilize for future construction and maintenance projects on State Road 93/Interstate 75. FDOT is working with the private developer to assure that its needs are addressed. Statutory Requirement Pursuant to section 253.034(6), F.S., to surplus non-conservation land, the must make a determination that the land is no longer needed. Pursuant to section 253.034(6)(c), F.S., nonconservation lands shall be reviewed by the Department of Environmental Protection s (DEP) Division of State Lands (DSL) for recommendation as to whether such lands should be retained in public ownership or disposed of by the Board of Trusteees. DEP offers the following to assist the in making an affirmative determination that the subject property is no longer needed: the School Board, the managing agency of the southern 45.74 acres of the subject property, has not used or developed it and determined that it is no longer needed. On March 18, 2015, the School Board approved the termination of its lease with the for the subject property; DSL has evaluated the northern 36.21 acres of the subject property and determined that it is not being utilized and no longer needed; and
Page Three Item 2, cont. DSL has reviewed the School Board s findings, completed the required surplus lands process, and recommends the subject property be disposed of by the. Pursuant to section 253.111, F.S., DEP is recommending that the approve the contract for sale and purchase of the subject property, at market value, to the County. Release DEP has authority, delegated by the, to release the right of entry for the purpose of exploration for phosphate, minerals, metals, and petroleum to the record surface owner, pursuant to rule 18-2.018(e)(2), F.A.C. This does not release the oil, gas, or other mineral interest. However, DEP is working with the County and is recommending the Board of Trustees release the right of entry as part of the conveyance of the subject property in an effort to expedite the process and eliminate the need for a future request for its release. Noticing Pursuant to sections 253.034 and 253.111, F.S., the subject property was offered for lease to state agencies, state universities, and Florida College System institutions; for sale to the same entities provided they have authority to hold title; and for sale to the County. On March 17, 2015, the County passed Resolution R-255-15 expressing its interest in the subject property. No interest in the subject property was expressed by any other notified governmental or educational entity. Pursuant to section 253.115, F.S., notice was given to property owners within 500 feet of the subject property and no objections have been received to date. Comprehensive Plan A consideration of the status of the local government comprehensive plan was not made for this item. DEP has determined that the proposed action is not subject to the local government planning process. (See Attachment 2, Pages 1-90) RECOMMEND APPROVAL Item 3 Smith Family Farm Conservation Easement/FDACS/Rural & Family Lands Protection Program REQUEST: Consideration of (1) an option agreement to acquire a 238.45-acre perpetual conservation easement over lands lying within the Smith Family Farms project of the Florida Department of Agriculture and Consumer Services (FDACS) Florida Forest Service (FFS) Rural & Family Lands Protection Program (RFLPP) from Wayne D. Smith and Patsy S. Smith; and (2) designation of FDACS/FFS as the monitoring agency.
Page Four VOTING REQUIREMENT FOR APPROVAL: Two members, one of whom is the Governor, when four members are voting; or any two members, when three members are voting. APPLICANT: Florida Department of Agriculture and Consumer Services Florida Forest Service COUNTY: Putnam LOCATION: Part of Sections 2 and 11, Township 10 South, Range 27 East CONSIDERATION: $387,000 APPRAISED BY SELLER S TRUSTEES TRUSTEES' Zink Williams APPROVED PURCHASE PURCHASE OPTION PARCEL ACRES (8/13/14) (8/13/14) VALUE PRICE PRICE DATE Smith 238.45 $430,000 $477,000 $477,000 $505,000* $387,000** 120 days after BOT approval *Property was purchased by Wayne and Patsy Smith in 2010 as a foreclosure **The purchase price for the conservation easement is $1,622.98 per acre. It is 53.75% of fee value in the Zink appraisal and 52% of fee value in the Williams appraisal. STAFF REMARKS: This acquisition was negotiated by FDACS/FFS under its RFLPP. If approved, this will be the fifteenth perpetual conservation easement proposed for acquisition, and a total of 8,765.25 acres will have been authorized for preservation under the Rural and Family Lands Protection Program. The Smith Family Farms Project is ranked in Tier One on the 2014 RFLPP Acquisition List. PROPERTY DESCRIPTION: Background On June 8, 2010, the approved the acquisition of four perpetual conservation easements, totaling approximately 343 acres, from Wayne and Patsy Smith as a part of the historic Hastings Farm. The Smith Family has been in the Hastings area of Putnam and St. John s counties since 1920 and part of the family still lives in the house built by Wayne Smith s great-grandfather. The Smiths raised potatoes almost exclusively on their farm south of Hastings, until approximately ten years ago when the family branched out into other agricultural productions, including the cultivation of cotton, oats, wheat, and the commonly-used groundcover, perennial peanut. With the simultaneous decrease in new construction and increase in the demand for beef, the Smiths converted the areas used for sod production to improved pasture, allowing for additional cattle on the property. Property Description The approximately 238-acre tract consists mostly of slash and loblolly pine plantation, with 56 acres of improved pasture. A 13-acre cypress dome swamp is situated on the southern end of the property.
Page Five The Smith family is a part of the FDACS/FFS Forest Stewardship Program and these lands are designated as a Florida Forest Service-Certified Stewardship Forest. As Forest Stewards, the Smith s manage their forest land according to FDACS Stewardship principles on a long-term basis by following management objectives that are multiple resource based, economically viable, conservative of natural resources and are socially, environmentally and ecologically responsible. Additionally, the property is American Tree Farm System-Certified, a nationally recognized certification which equips woodland owners with a road map and the tools for establishing long term sustainability with a multi-use designation for growing trees, recreation, water recharge, and wildlife habitat. The property is within the Florida Fish and Wildlife Conservation Commission s (FWC) established Florida black bear range and potential habitat. Deer, fox squirrel, bobcat, gopher tortoise, turkey, quail, hawks, swallowtail kites, and signs of black bear have all been observed on the property. Improvements on the property include perimeter fencing, gates, a shed, a 1,920-square-foot pole barn, a 384-square-foot, one-bedroom cabin, a 1,000-yard rifle range and a 25-yard pistol range. The range facilities are used for events which include FWC hunter safety courses, individual firearm instruction, and law enforcement. The facilities are also used for various farmer/rancher meetings and by civic groups. PROHIBITED USES: Dumping of biodegradable or non-biodegradable, toxic or hazardous substances, trash garbage, wastes, abandoned vehicles, appliances, machinery or similar material is prohibited. The mining, excavation of surface or subsurface materials, the exploration for and extraction of oil, gas, minerals, dolostone, peat, muck, marl, limestone, limerock, kaolin, fuller s earth, phosphate, common clays, gravel, shell, sand and similar substances either directly or indirectly. Activities that affect the hydrology of the land or that detrimentally affect water conservation, erosion control, soil conservation, or fish and wildlife habitat, etc. Planting of nuisance exotic or non-native plants as listed by the Exotic Pest Plant Council (EPPC) or its successor and to the extent practical, control and prevent the spread of nuisance exotics or non-native plants on the Property. Concentrated and confined animal feed lot operations.
Page Six New construction or placing of temporary or permanent buildings, mobile homes or other structures in, on or above the ground of the Property except as may be permitted hereinafter, or as necessary for maintenance or normal operations of the Property or during emergency situations. Construction or placing of roads, billboards or other advertising, utilities, or structures, except those structures and unpaved roads necessary for the agricultural operations on the land or structures necessary for other activities allowed under the Easement, and except for linear facilities described in section 704.06(11), Florida Statutes. Fertilizer use for agriculture activities not in accordance with agricultural Best Management Practices recommended by the Natural Resources Conservation Service or the Florida Department of Agriculture and Consumer Services, whichever is more stringent, as those Best Management Practices may be amended from time to time. No agricultural activities shall occur within a 100-foot buffer around sinkholes and other karst features that are connected to spring conduits, except as provided in the applicable Best Management Practices. Actions or activities that may reasonably be expected to adversely affect threatened or endangered species. Any subdivision of the Property. Commercial water wells on the Property. Harvesting of cypress trees in the Special Natural Areas. Mitigation banks pursuant to section 373.4135, et. seq., Florida Statutes. Conversion of Special Natural Areas to more improved areas. Conversion of areas within Special Natural Areas not in improved pasture to improved pasture. Acts or uses of the Property detrimental to the preservation of the structural integrity or physical appearance of sites on the Property of historical, architectural, archaeological, or cultural significance. Conversion of areas within Special Natural Areas from forested areas to non-forested areas as shown in the Baseline Documentation Report.
Page Seven OWNER S RIGHTS: The underlying fee simple title absolute in the Property. The right to conduct prescribed burning on the Property; provided, however, that the owner shall obtain and comply with a prescribed fire authorization from the Florida Forest Service of the Florida Department of Agriculture and Consumer Services or its successor agency. The right to mortgage the Property; provided, however, that the Mortgagee s lien shall be inferior to and lower in priority than the Easement. The right to contest tax appraisals, assessments, taxes and other charges on the Property. The right to continue to use, maintain, repair, and reconstruct, all existing buildings, barns, animal pens, outbuildings, fences, roads, ponds, wells, utilities, drainage ditches and such other facilities on the Property as depicted in the Baseline Documentation Report, except on Special Natural Areas. The right to sell, devise or otherwise transfer ownership of the Property to a third party. This right, however, does not include the right to sell the remaining property rights on the Property for the purposes of a conservation easement or other restriction that would divest the Property of its use under the terms and conditions of this Easement. The right to exclusive use of the improvements on the Property. The Owner shall obtain and comply with all permits for management of stormwater, for water wells and consumptive uses as may be required by the water management district or any successor agency having jurisdiction over those activities. The right to construct, after giving notice to FFS, buildings or other structures incident to agricultural uses carried on in accordance with sound agricultural practices. Such buildings shall not be used as residences. Boundary Maintenance. The right to observe, maintain, photograph, introduce and stock native fish or wildlife on the Property, to use the Property for hiking and horseback riding. The Owner reserves, and shall continue to own, the hunting and fishing rights on or related to the Property and may lease and sell privileges of such rights.
Page Eight Seller may add additional structures for shooting (skeet, trap, and sporting clays) for the purpose of expanding the shooting facility. This will be done directly south of and adjacent to the existing shooting facility. Structures shall not exceed 5,000 square feet of impervious surfaces. ENCUMBRANCES: The title information reflects several easements, restrictions, reservations of record, and special exceptions to the property, however, none of these were found to be detrimental to value. There are no known oil, gas or mineral reservations on the property. MORTGAGES AND LIENS: All mortgages and liens will be satisfied or subordinated at the time of closing. On June 22, 1999, the approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues related to land acquisition as they arise on all Chapter 259, F.S., and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement an appropriate resolution for these and any other title issues that arise prior to closing. CLOSING INFORMATION: A title insurance commitment, a survey, environmental site assessment, and easement documentation report of the property will be provided by FFS prior to closing. EASEMENT MONITOR: This perpetual conservation easement will be monitored by the FFS. COMPREHENSIVE PLAN: This acquisition is consistent with section 187.201(22), F.S., the Agriculture Section of the State Comprehensive Plan. (See Attachment 3, Pages 1-62) RECOMMEND APPROVAL