Item F3LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: February 16, 2011 Division: Land Authority
Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295 -5180
Agenda Item Wording: Approval of a resolution concerning the receipt of unanticipated funds.
Item Background: The US Army Corps of Engineers has awarded the Land Authority a grant in the
amount of $45,907.75 to be used for the purchase of conservation land.
Advisory Committee Action: N/A
Previous Governing Board Action: N/A
Contract /Agreement Changes: N/A
Staff Recommendation: Approval
Total Cost: $ N/A Indirect Cost: $ Budgeted: Yes _ No
Cost to Land Authority: $ N/A Source of Funds:
Approved By: Attorney X County Land Steward
Documentation: Included: X To Follow: Not Required:
Disposition: Agenda Item
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY CONCERNING
THE RECEIPT OF UNANTICIPATED FUNDS.
WHEREAS, it is necessary to increase items in the Monroe County Comprehensive Plan Land
Authority budget for fiscal year 2011 to account for unanticipated funds; and
WHEREAS, the unanticipated funds are a grant from the US Army Corps of Engineers for the
purchase of conservation lands and should therefore be appropriated for the acquisition of said
properties; NOW, THEREFORE,
BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
that the Fiscal Year 2011 budget be and the same is hereby increased by the amount of
$45,908 as follows:
Revenues:
Miscellaneous $45,908
Total Revenue $45,908
Appropriations:
Capital Outlay
Property in FL Keys ACSC $45,908
Total Appropriations $45,908
BE IT FURTHER RESOLVED BY SAID BOARD that the Executive Director, upon receipt of the
above, is hereby authorized and directed to make the necessary changes of said items as set
forth above.
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this day of February, 2011.
(Seal)
ATTEST:
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Mark J. Rosch, Executive Director
Approved for Legal Sufficiency
Kim Wigington, Chairman
Larry R. Erskine
ACQUISITION PROPOSAL
for use of
U.S. ACOE LAND ACQUISITION FEES
TO PURCHASE OR TRANSFER PRIVATELY OWNED LAND
FOR PERPETUAL PRESERVATION
NAME OF PARCEL AND /OR LEGAL DESCRIPTION (attach map):
The subject properties are described as Parcels B, H, I, L & Q, Cudjoe Acres
Subdivision, Cudjoe Key. Cudjoe Acres Subdivision is located at approximately mile
marker 21.5, bayside on Cudjoe Key. The properties are shown on two maps included
with this proposal: a detailed site map and a general location map showing nearby
conservation lands.
Four of the five properties were purchased by the Monroe County Land Authority
(MCLA) in 2010. The fifth parcel, Parcel Q, is currently under contract to purchase by
MCLA, and is expected to close in early November 2010.
REAL ESTATE NUMBER: 115500.000100 (Parcel B),115510.004100 (Parcel
H),115510.004200 (Parcel 1),115520.001200 (Parcel L), 115510 - 002500 (Parcel Q)
SIZE /ACREAGE: 16.5 acres
COUNTY TIER DESIGNATION: Tier 1
TYPE(S) OF HABITAT AND APPROXIMATE ACREAGE FOR EACH:
Parcel
Hammock
Saltmarsh
Scrub Mangrove
Open water
Total area
B
0
0
3.30
1.20
4.50
H
0.13
0.40
2.51
0
3.04
1
0
0.03
4.82
0.80
5.65
L
0.88
0.16
1.26
0
2.30
Q
0.86
0.15
0
0
1.01
Total
1.87
0.74
11.89
2.00
16.50
IMPORTANCE FOR CONSERVATION AND LISTED SPECIES THAT WOULD
DIRECTLY BENEFIT [address potential for development (ie: allowable uses
under current zoning and land use regulations) if not preserved]:
Parcel B (4.5 acres): The subject property contains scrub mangrove and open water.
The majority of the property lies below the apparent mean high water line. North of the
property is a similar scrub mangrove area owned by the US Fish and Wildlife Service. A
private wetland parcel is located to the east and open water is located to the south and
west. The current zoning for this parcel is "Native Area ".
Parcel H (3.04 acres): The subject property contains low hammock, saltmarsh and
scrub mangrove. To the north and east of the subject property are undeveloped private
parcels, to the south is a private parcel used as a horse pasture and to the west is
Parcel I. A private, gated easement runs along the southern boundary of the property
Monroe County Land Authority Proposal
November 2010
Page 2 of 5
and provides pedestrian access from Spain Blvd. The current zoning for this parcel is
"Native Area ".
Parcel 1 (5.65 acres): The subject property contains scrub mangrove, open water and a
small area of saltmarsh. The majority of the property lies below the apparent mean high
water line. To the north and west are private, undeveloped wetland properties and
Monroe County Land Authority conservation land (west). To the east is Parcel H and to
the south are Parcel Q and a private parcel that appears to be used as a storage yard. A
private, gated easement runs along the southern and western boundaries of the property
and provides pedestrian access from Spain Blvd. The current zoning is "Native Area ".
Parcel L (2.3 acres): The subject property contains approximately one acre of low
hammock habitat and one acre of scrub mangrove. Private undeveloped parcels are
found to the north, east and west of the subject property. To the south is a private single
family residence. The current zoning for Parcel L is "Native Area" and "Suburban
Residential'.
Parcel Q (1.01 acres): The subject property contains approximately one acre of low
hammock habitat and a small area of buttonwood / saltmarsh along the northern
property line. To the north of the subject property is Parcel I, to the east is a private
horse pasture, to the south is Spain Blvd (a private road) and a private parcel containing
a horse barn, and to the west is a private parcel apparently used as a storage yard. The
current zoning for this parcel is "Suburban Residential'.
The properties that are zoned "Suburban Residential' have the potential for residential or
commercial development. Development of this type would have resulted in the loss of
native vegetation and fragmentation of habitat, thereby conflicting with the
recommendations of the Florida Keys Carrying Capacity Study.
Typical vegetation in the low hammock habitat includes: poisonwood; buttonwood; sea
grape; Joewood; wild dilly; saffron plum; hog plum; cabbage palm; blolly; blacktorch;
Spanish stopper; randia; bay cedar; necklace pod; and blackbead.
Typical vegetation in the buttonwood / saltmarsh habitat includes: buttonwood; sea ox-
eye daisy; seashore dropseed (Sporobolus virginicus); saltgrass (Distichlis spicata); and
cordgrass (Spartina spp)
Typical vegetation in the mangrove scrub community includes: black mangrove;
glasswort; keygrass (Monanthochloe littoralis); seaside joyweed (Alternanthera
maritima); and seashore dropseed (Sporobolus virginicus).
The following Federal, State or County listed plant species were found on the subject
parcels:
Blackbead
Pithecellobium keyense
Blacktorch
Erithalis fruticosa
Brittle thatch palm
Thrinax morrisii
Joewood
Jacquinia keyensis
Necklace pod
Sophora tomentosa
Wild dilly
Manilkara jaimiqui
Monroe County Land Authority Proposal
November 2010
The following Federal, State or County listed animal species may utilize this site:
Key deer
Lower Keys marsh rabbit
Silver rice rat
Eastern indigo snake
White- crowned pigeon
Snowy egret
Reddish egret
Tricolored heron
Little Blue Heron
White Ibis
Odocoileus virginianus clavium
Sylvilagus palustris hefneri
Oryzomys palustris natator
Drymarchon couperi
Patagioenas leucocephala
Egretta thula
Egretta rufescens
Egretta tricolor
Egretta caerulea
Eudocimus albus
Page 3 of 5
The subject properties provide important habitat for several listed species. They are
located within the boundaries of the Key Deer National Wildlife Refuge and are
surrounded by public conservation lands including lands owned by the USFWS and the
State of Florida.
WILL PARCEL OWNERSHIP BE TRANSFERRED TO ANOTHER AGENCY?
YES NO X
If so, intended /potential recipient(s):
The subject properties are within the acquisition boundaries of the Florida Forever
project. The Land Authority is willing to discuss the possibility of transferring ownership
of the property to the State or USFWS but there are no plans for transfer at this time.
IS PARCEL NOW, OR WILL IT BE, PLACED UNDER A CONSERVATION
EASEMENT OR DEED RESTRICTION PRIOR TO TRANSFER?
YES NO X
If yes, please provide details:
The property is not encumbered with a conservation easement or deed restriction at this
time. The property was purchased for conservation by the Land Authority and has been
protected pursuant to section 380.0666(3), Florida Statutes.
BRIEFLY EXPLAIN MECHANISMS and /or FUNDING SOURCES WHICH WILL
PROVIDE FOR LONG -TERM MANAGEMENT /MAINTENANCE OF THE
PARCEL:
The subject properties will be managed as conservation land by Monroe County.
Funding for the County's land stewardship activities is provided by the Monroe County
Environmental Land Management and Restoration Fund through the collection of County
mitigation fees charged for permitted development activities. Additional funding is
provided by grants from the Florida Fish and Wildlife Conservation Commission's
Invasive Plant Management Section.
POTENTIAL SPECIAL CONDITIONS FOR PURCHASE OR EASEMENT
REQUIREMENTS? None.
Monroe County Land Authority Proposal
November 2010
HAS PARCEL BEEN OR WILL IT
ENVIRONMENTAL HAZARDS? (if no,
was not necessary)
YES X NO
Page 4 of 5
BE EVALUATED FOR POTENTIAL
please explain why you felt evaluation
Findings: Based on inspections of the parcels and a review of the surrounding land
uses, the potential for environmental hazards was determined to be low and did not
warrant further investigation.
Phase I or II Environmental Status? A formal Phase I or II ESA report was not
obtained.
Please list all current or known prior uses of the parcel(s) in question.
There are no known current or prior uses of the parcels.
IS THIS PARCEL A FEE SIMPLE DONATION WHICH WILL SATISFY ACOE
PERMIT MITIGATION? YES NO X
ESTIMATED COST OF PARCEL (please note that regardless of estimated
value, final reimbursement cannot exceed 100% of the appraised value of
the parcel(s) in question):
The Land Authority's total purchase price for all 5 parcels is $43,688.50 and total
estimated acquisition costs are $45,907.75. Please see the attached spreadsheet for a
cost breakdown by parcel.
IS OWNER A WILLING SELLER? Yes.
ESTIMATED CLOSING DATE: Two transactions have already closed in 2010
(Parcels H & I and Parcels B & L), the remaining transaction for the purchase of Parcel
Q is expected to close in early November 2010.
ESTIMATED COST OF DUE DILIGENCE* REQUIREMENTS FOR PURCHASE:
Not to exceed: $2,220 ($735 - Parrish; $735 - Julson; $750 - Wood)
Please provide a listing of minimum items required by your agency
to satisfy due diligence:
The Land Authority's due diligence activities included a site inspection, title search, legal
review and title insurance policy.
*At a minimum, the ACOE will require a metes and bounds survey,
appraisal, and title search for each parcel.
TOTAL AMOUNT OF LAND ACQUISITION FUNDING REQUESTED (including
any due diligence):
Minimum: $45,907.75
Monroe County Land Authority Proposal Page 5 of 5
November 2010
Not to exceed: $45,907.75
SUPPLEMENTAL INFORMATION
Should the ACOE approve this funding request, the ACOE will be filling an unmet need
for grant funding. Properties of this type and size provide a habitat patch that is too
significant to lose to development. The State's Florida Forever program has no funding
available at this time. Although the Florida Communities Trust provides land acquisition
grants to local governments, the FCT is a highly competitive program geared toward the
acquisition of recreational sites and the provision of on -site recreational facilities —
development that would further fragment the remaining natural habitat of the Keys and
conflict with the findings of the Florida Keys Carrying Capacity Study. For this reason
the FCT is not an appropriate funding source for the subject properties. Thus the
subject properties are part of a niche of conservation acquisitions for which there are no
other substantial and viable grant sources.
Land Authority staff is available to accompany ACOE staff on a site inspection of the
property.
Should the ACOE approve this funding request, the Land Authority will use the
requested funds to purchase additional conservation land.
By his or her signature, the applicant acknowledges that they have read the
attached guidelines for submittal and agree to provide all supporting
documentation prior to reimbursement of funds.
A l , -7 — 1 i q r�
Signature Date signed
Mark J. Rosch
Printed name
Executive Director
Title
Monroe County Land Authority
Agency represented
APPROVED Y:
J anette Hobbs
ERF
Date of Signature:
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