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HomeMy WebLinkAboutItem F2LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: June 20, 2012 Division: Land Authority Bulk Item: Yes No X Contact / Phone #: Mark Rosch / 295-5180 Agenda Item Wording: Approval of a resolution authorizing the conveyance of Tracts IS, IT, and JR in Pine Key Acres to the United States of America for conservation. Item Background: Keys Environmental Restoration Fund is working with the US Fish and Wildlife Service on a project to restore a portion of the central freshwater slough on Big Pine Key by removing two private roads within conservation land in Pine Key Acres subdivision. The Land Authority owns 3 of the 23 parcels within the project area. The balance of the project area is owned by the federal and state governments. Once the roads are removed, there will be no vehicular access to the Land Authority parcels. The Land Authority acquired its parcels via a donation. The proposed resolution authorizes conveyance of the Land Authority parcels to the federal government subject to conservation deed restrictions. This conveyance will facilitate the project and simplify future land management issues by consolidating ownership. The conveyance is proposed as a donation rather than a sale because under a sale the County would lose the property's Habitat Conservation Plan mitigation credit. Advisory Committee Action: On May 30, 2012 the Committee voted 3/0 to approve this resolution. Previous Governing Board Action: On December 15, 2010 the Board approved accepting the subject property as a donation. Contract/Agreement Changes: N/A Staff Recommendation: Approval Total Cost: $ 500.00 Indirect Cost: $ Cost to Land Authority: $ 500.00 Budgeted: Yes X No Source of Funds: Land Authority (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney X County Land Steward X . Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item Aerial Photograph of Subject Property Tracts IS, IT, and JR, Pine Key Acres Big Pine Key RESOLUTION NO A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING THE CONVEYANCE OF TRACTS IS, IT, AND JR IN PINE KEY ACRES TO THE UNITED STATES OF AMERICA FOR CONSERVATION. WHEREAS, Keys Environmental Restoration Fund is working with the US Fish and Wildlife Service on a restoration project to restore a portion of the central slough on Big Pine Key by removing portions of two private roads in Pine Key Acres (hereinafter "restoration project"); and WHEREAS, the properties within the restoration project are conservation lands owned by either the federal government, state government, or the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority"); and WHEREAS, the Land Authority properties within the restoration project consist of Tracts IS, IT, and JR, Pine Key Acres (hereinafter "subject property") and were acquired by the Land Authority as a donation; and WHEREAS, Monroe County has received the Big Pine Key Habitat Conservation Plan (hereinafter "HCP") mitigation credit associated with the subject property; and WHEREAS, the Land Authority may donate but not sell conservation lands acquired for HCP mitigation credit without forfeiting the associated mitigation credit; and WHEREAS, the Land Authority serves as a local partner with the US Fish and Wildlife Service to assist the federal government in acquiring conservation lands in the Florida Keys; and WHEREAS, the Land Authority's conveyance of the subject property to the United States of America will facilitate the restoration project; and WHEREAS, on May 30, 2012, the Land Authority Advisory Committee considered this resolution and voted 3/0 to recommend approval; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY: Section 1. The Chairman is hereby authorized to execute the Agreement for the Donation of Lands with the United States of America and the Donor Certification Form in Attachment A, as well as a deed and associated closing documents to convey title to the subject property as a donation to the United States of America. Page 1 of 2 Section 2. The deed executed by the Chairman shall be subject to the restrictions attached to the Donor Certification Form in Attachment A. PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this day of , 2012. (Seal) ATTEST: Mark J. Rosch Executive Director Approved as to Legal Form Larry R. Erskine Chairman Kim Wigington Vice Chairman Heather Carruthers Commissioner Sylvia Murphy Commissioner George Neugent Mayor David Rice MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Kim Wigington Chairman Page 2 of 2 Attachment A (Nov 1988) LA -Florida National Key Deer NVWR Monroe County Land Authority Tract (4u,v) UNITED STATES DEPARTMENT OF THE INTERIOR U.S. FISH AND WILDLIFE SERVICE 1875 Century Boulevard, N.E. Atlanta, Georgia 30345 AGREEMENT FOR THE DONATION OF LANDS THIS AGREEMENT, made and entered into this day of 12012, by and between MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, whose address corporate address is 1200 Truman Avenue, Suite 207, Key West, Florida, 33040, hereinafter styled the Vendor, for itself, its heirs, executors, administrators, successors, and assigns, and the UNITED STATES OF AMERICA, acting by and through the Secretary of the Interior or his authorized representative, under the authority of the Endangered Species Act of 1973. WITNESSETH: 1. In consideration of One Dollar ($1.00) in hand paid by the United States, the receipt of which is hereby acknowledged, the Vendor agrees to donate to the United States of America certain lands upon the terms and conditions hereinafter set forth, all of the lands and other interests, which lands shall include all tenements, hereditaments, together with all water and other rights, easements, and appurtenances thereunto belonging, owned by them, situated and lying in Monroe County, Florida, consisting of approximately 3 acres, being more particularly described as follows: See Attached Exhibit "A" 2. The Vendor agrees that it has full right, power, and authority to donate and convey, and that it will convey to the United States the fee simple title thereto clear, free, and unencumbered, except subject to the following easements or reservations: a. Existing easements for canals, ditches, flumes, pipelines, railroads, public highways and roads, telephone, telegraph, power transmission lines and public utilities, and other easements and restrictions of record and any rights, interests, or claims affecting the land which a correct survey would disclose and which are not shown by the public records. Pagel of 7 3. The Vendor further agrees not to do, or suffer others to do, any act by which the value or title to said lands may be diminished or encumbered. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title in the United States of America by reason of the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the Vendor, and in the event any such loss or damage occurs, the United States may refuse, without liability, to accept donation of said lands. 4. The Vendor further agrees that during the period covered by this instrument, officers and accredited agents of the United States shall have at all proper times the unrestricted right and privilege to enter upon said lands for all proper and lawful purposes, including examination of said lands and the resources upon them. 5. The Vendor will execute and deliver upon demand of the proper officials and agents of the United States, a good and sufficient general warranty deed, donating to the United States of America, a safe title to the said lands of such character as to be satisfactory to the Attorney General of the United States, and said deed shall provide that the use, occupation, and operation of the rights -of -way, easements, and reservations retained therein, shall be subordinate to and subject to such rules and regulations as may be prescribed by the Secretary of the Interior governing the use, occupation, protection, and administration of areas under and in compliance with the Act of October 15, 1966 (80 Stat. 926), as amended. 6. In consideration whereof, the United States of America agrees that it will accept the donation of all said lands and other interests, the acreage of which to be ascertained by a survey to be made at the option and expense of the United States, after reasonable notice to the Vendor, and according to standard methods and procedures, or by recourse to the records of the Bureau of Land Management, or by both. All recording fees, revenue stamps, transfer taxes, land survey, and similar expenses incidental to the conveyance of Vendor's property shall be paid for by the United States of America to the full extent of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (the Uniform Act). Full possession and use of the premises, shall pass to the United States as of the date of execution of the donation deed subject only to the reservations stated in Section 2 above. 8. It is understood and agreed that if the Secretary of the Interior determines that the title to said lands or any part thereof should be acquired by the United States by judicial proceedings, either to procure a safe title or, when it is in the public interest, to take immediate possession, or for any other reason, then the compensation to be claimed by the owner and the award to be made for said lands in said proceedings shall be upon the basis of the appraised value. 9. It is mutually agreed that an abstract, certificate of title, or other evidence of title to the property herein contracted to be donated, satisfactory to the Attorney General, will be obtained by the United States of America. Page 2 of 7 10. It is mutually understood and agreed that this contract shall not be assigned in whole or in party without the consent in writing of the United States. 11. It is further mutually agreed that no Member of or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract or agreement, or to any benefit to arise thereupon. Nothing, however, herein contained shall be construed to extend to any incorporated company, where such contract or agreement is made for the general benefit of such incorporation or company. 12. It shall be the obligation of the donor to pay all taxes and assessments outstanding as liens at the date title vests of record in the United States, whether or not such taxes and assessments are then due and payable. 13. It is mutually understood and agreed that notice of acceptance of this donation agreement shall be given to the Vendor by certified mail addressed to: Mr. Mark Rosch, Executive Director, Monroe County Comprehensive Plan Land Authority, 1200 Truman Avenue, Key West, FL 33040, and shall be effective upon date of mailing and shall be binding upon all persons having an ownership interest without sending a separate notice to each, except as such obligation may be affected by the provisions of paragraph 6 hereof. 14. Acceptance of this agreement is contingent upon the results of a Contaminants Study. In the event that contaminants are found on the site or on adjacent parcels, it will be at the discretion of the Service to accept the property in said condition or terminate this Agreement. Page 3 of 7 IN WITNESS WHEREOF, an authorized representative of the Vendor has hereto signed his/her name and affixed his/her seal on the day first above written, with the understanding that this agreement for donation cannot be executed by the Secretary of the Interior or his authorized representative until after it is reported to him for his consideration of the $1.00 hereinabove acknowledged and received, has and does hereby grant unto the United States of America by and through the Secretary of the Interior or his authorized representative, or any other officer or agency of the United States authorized to purchase said lands, the option and right to enter into this Agreement for Donation of Lands within twelve (12) months from the execution thereof by the Vendors and to accept said lands as herein provided. In the presence of: Witness Signature Witness Printed Name Witness Signature Witness Printed Name Monroe County Comprehensive Plan Land Authority LN Its: Page 4 of 7 ACKNOWLEDGMENT State of Florida County of Monroe On this day of , in the year 2012, before me personally appeared , who is the , of Monroe County Comprehensive Plan Land Authority, known to me to be the person described herein and who executed the within instrument on behalf of Monroe County Comprehensive Plan Land Authority, as his/her own free act and deed. Notary Public County, [SEAL] My Commission expires: Page 5 of 7 ACCEPTANCE The Secretary of the Interior, acting by and through his authorized representative, has executed this agreement on behalf of the United States of America on this day of THE UNITED STATES OF AMERICA BY: Chief, Division of Realty U.S. Fish and Wildlife Service Page 6 of 7 LA -Florida National Key Deer NWR Monroe County Land Authority Tract 4tu,v EXHIBIT "A" LEGAL DESCRIPTION Tract 4u Tracts IS, IT, Pine Key Acres, on Big Pine Key, as recorded in Official Records Book 509, Page 1047, Public Records of Monroe County, Florida. Tract 4v Tract JR, Pine Key Acres, on Big Pine Key, as recorded in Official Records Book 509, Page 1047, Public Records of Monroe County, Florida. Containing 3 acres more or less Page 7 of 7 U.S. Department of the Interior DI-3680 Donor Certification Form OMB Control No. 1090-0009 expires: 07/31/12 Thank you for your interest in making a donation to the Department of the Interior or one of its bureaus (Bureau of Land Management, Bureau of Reclamation, Bureau of Indian Affairs, Minerals Management Service, National Park Service, Office of Surface Mining, U.S. Fish and Wildlife Service, and U.S. Geological Survey, or other Departmental bureau). It is Interior's policy to ensure that in accepting donations, the Department maintains its integrity and impartiality, and the confidence of the public. The following certification helps the Department and you, the potential donor, to identify areas of concern that might be raised by a donation. An affirmative answer to any of the statements below does not mean a donation will be declined, but may initiate further review. I am executing this Donor Certification Form as an individual or x on behalf of the following organization or person: Monroe County Comprehensive Plan Land Authority To the best of my knowledge and belief, I certify that: 1. I am / x am not involved in litigation or other controversy with the Department or its bureaus. 2. I--x_am/ am not seeking or otherwise engaged in any type of financial or business relationship with the Department, for example, a contract, permit, lease, grant, or cooperative agreement. 3. I have / x have not been debarred, suspended, proposed for debarment, excluded or disqualified under the nonprocurement common rule, or otherwise declared ineligible from doing business with any Federal government agency. 4. This donation is / x is not expected to be involved with marketing or advertising. 5. I x am / am not seeking to attach condition(s) to this donation. 6. This donation is / x is not part of a series of donations to the Department or its bureaus. For any affirmative answers above, please attach explanations. Please also identify any other circumstances not addressed in the above questions that may affect the Department's decision to accept your donation. With my signature I hereby certify the above statements are accurate and attest that I am not aware of other issues regarding this donation that may be of concern to the Department. I also certify that this donation is not intended to influence any decision or action by the Department or to obtain any special treatment from the Department. I understand that the Department's acceptance of this donation does not constitute endorsement by the Department of me or my products or services. Signature Printed Name Organization Date E-mail address City State Zip Daytime or Work Phone Information collected via this form will be handled in accordance with the requirements of the Privacy Act and the Freedom of Information Act to attempt to ensure the greatest protection of personal privacy. Please see Notices pertaining to this Form on Page 2. Explanations for Affirmative Answers to Donor Certification Form Item 2 The Donor acquires and manages conservation land in the Florida Keys and coordinates its activities with those of the US Fish and Wildlife Service. Item 5 The Donor is seeking to attach the following restrictions on the property deed: Deed Restrictions The subject property is to be managed as conservation land to protect and conserve Key deer and other wildlife resources in a manner that is compatible with the establishing purposes of the National Key Deer Refuge and all relevant laws and authorities pursuant to the National Wildlife Refuge System Improvement Act of 1997 (Public Law No. 105-57). All other uses are prohibited, including the transfer of development rights to or from the subject property. The above restrictions are perpetual, run with the land in favor of the grantor, can only be amended by written consent of the grantor, and are binding on all present and subsequent owners and mortgagees.