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Item F2LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Division: Meeting Date: Land Authority May 16, 2012 Bulk Item:Contact / Phone #: Yes No X Mark Rosch / 295-5180 __________________________________________________________________________________ Agenda Item Wording: Approval of a resolution authorizing the purchase of 20 parcels in Pine Key Acres from The Nature Conservancy and authorizing the subsequent conveyance of the property to the United States of America for conservation. __________________________________________________________________________________ Item Background: This item is proposed to protect the natural environment and to provide mitigation land in support of the Big Pine Key Habitat Conservation Plan. The subject property consists of 20 contiguous parcels totaling 22.35 acres bordering Key Deer Boulevard on the bayside of Big Pine Key near mile marker 30. The site has a tier designation of Tier 1 - Natural Area, a zoning designation of Area of Critical County Concern, and vegetation consisting of pineland and freshwater wetlands. The owner has agreed to sell the property to the Land Authority for a price of $233,297. Once the Land Authority has acquired the property and the associated mitigation has accrued to Monroe County, the resolution authorizes the Land Authority to convey the property to the federal government subject to conservation deed restrictions. This conveyance is proposed because 1) the subject property includes considerable pineland vegetation that will need to be maintained via prescribed burns; and 2) the property is nearly surrounded by other conservation lands managed by the National Key Deer Refuge. The conveyance is proposed as a donation rather than a sale because, as addressed in the attached letter from the US Fish and Wildlife Service, a sale would cause Monroe County to forfeit the associated mitigation credit. __________________________________________________________________________________ Advisory Committee Action: On April 25, 2012 the Committee voted 5/0 to approve this resolution. __________________________________________________________________________________ Previous Governing Board Action: The Board has approved the purchase of other conservation properties in this subdivision. __________________________________________________________________________________ Contract/Agreement Changes: N/A __________________________________________________________________________________ Staff Recommendation: Approval __________________________________________________________________________________ Total Cost:Indirect Cost:Budgeted: $ 239,265.50 $______ Yes X No . Cost to Land Authority:Source of Funds: $ 239,265.50 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 ____ PURCHASE AND DONATION CONTRACT S 05/16/12 PurchaseESA andTitleAttorneyRecordingTotal PropertyPriceSurveyInsuranceFeeFeeCosts Pine Key Acres$233,297.00$3,450.00$1,491.50$1,000.00$27.00$239,265.50 Lots KT, KU, KV, KW, MF, MG, MH, MI, MJ, MK, ML, MM, MN, NW, NX, NY, NZ, OA, OB and PM Seller: The Nature Conservancy Buyer & Donor: MCLA Donee: United States of America RESOLUTION NO. ________ A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING THE PURCHASE OF 20 PARCELS IN PINE KEY ACRES FROM THE NATURE CONSERVANCY AND AUTHORIZING THE SUBSEQUENT CONVEYANCE OF THE PROPERTY TO THE UNITED STATES OF AMERICA FOR CONSERVATION. ______________________________________________ WHEREAS, the Monroe County Comprehensive Plan Land Authority (hereinafter “Land Authority”) assists in the implementation of the Big Pine Key Habitat Conservation Plan (HCP) through the acquisition of conservation land; and WHEREAS, the Land Authority’s purchase of the 20 parcels in Pine Key Acres on Big Pine Key described in Exhibit A of Attachment A (hereinafter “subject property”) as conservation land will provide Monroe County with HCP mitigation credit; 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 subject property includes significant pineland vegetation that will require prescribed burning for habitat management and is nearly surrounded by other conservation lands already managed by the US Fish and Wildlife Service; and WHEREAS, on April 25, 2012, the Land Authority Advisory Committee considered this resolution and voted 5/0 to recommend approval; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY: Section 1. The Governing Board authorizes the purchase of the subject property from the Nature Conservancy in accordance with the Agreement for the Purchase of Lands in Attachment A. Section 2. 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 B, 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. The deed executed by the Chairman shall be subject to the restrictions attached to the Donor Certification Form in Attachment B. Page 1 of 2 PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a regular meeting on this ______ day of _________________, 2012. Chairman Kim Wigington _____ Vice Chairman Heather Carruthers _____ Commissioner Sylvia Murphy _____ Commissioner George Neugent _____ Mayor David Rice _____ (Seal) ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY ________________________ ________________________ Mark J. Rosch Kim Wigington Executive Director Chairman Approved as to Legal Form ________________________ Larry R. Erskine Page 2 of 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.