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STATE OF FLORIDA
COUNTY OF LEON
Florid.a Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Charlie .C:rist
Governor
Jell Kim kamp
Li. Governor
lietlael W. Sole
Secretary
CERTIFICATE
I, Katie Flanagan, do hereby certify that the Governor and Cabinet, sitting as the Board of
Trustees of the Internal Improvement Trust Fund of the State of Florida, met on May 11, 2010 an.d
approved the following Substitute Item 5 on the agenda for that date.
Substitute Item 5 City of Miami Land Acquisition Priority List/Biscayne Bay/Miami
River Land Acquisition Trust Fund
REQUEST: Approval of the City of Miami's priority list of proposed land acquisitions.
COUNTY: Miami -Dade
APPLICANT: City of Miami (City), a municipal corporation of the State of Florida
LOCATION; Section 07, Township 53 South, Range 42 East
Section 35, Township 53 South, Range 41 East
STAFF REMARKS: The Department of Environmental Protection (DEP) received a request from
the City for approval of its priority list of proposed land acquisitions located within the corporate
City limits and adjacent to Biscayne Bay or the Miami River, as required by the Agreement and
Release of Deed Restrictions and Reverter (Agreement) approved by the Board of Trustees on
October 1, 1985, to he purchased using monies from the Biscayne Bay/Miami River Land
Acquisition Trust Fund (Trust Fund),
Background
In 1949, the Board of Trustees conveyed to the City approximately 1,555 acres adjacent to
Bayfront Park as more particularly described in Deed No, 19447. This deed contained certain
restrictions that required these lands be used solely for public purposes and provided that any
violation of these restrictions would cause title to the property to revert to the Board of Trustees.
In July 1985, the City leased a portion of land under this deed, approximately' 12.9 acres, to
Bayside Center Limited Partnership, on behalf of Rouse -Miami, Incorporated, which provided
200,000 square feet of new commercial and public space for a waterfront specialty center and
parking garage. So as not to activate the reverter clause contained in .the underlying deed as a
result of the City's lease to Bayside Center Limited Partnership, the Board of Trustees, on August
20, 1985, released certain deed restrictions on those 12,9 acres at the City's request.
Certificate for Substitute Item 5
M.ay ,1.1,2.010 Trustees' Agenda
Page Two ti
On October 1, 1985, the Board of Trustees approved a request from the City for a 7,4 percent
`stream -of -revenue' from the annual rents received by the City to be placed in the Trust Fund
established by the City. The Trust Fund would serve as an ongoing source of funds to purchase
real property adjacent to the Miami River and Biscayne Bay in order to provide public access to
and public enjoyment of these water bodies, The Agreement was executed on October 21, 1985
and required the City to develop a priority list of proposed land acquisitions within the corporate
limits of the City adjacent to Biscayne Bay or the Miami River subject to Board of Trustees'
approval.. The first acquisition was to be the Barnacle Addition in Coconut Grove, commonly
referred to as the "Commodore Bay Tract". The Barnacle Addition was added to the
Conservation and Recreation Lands (CARL) list in 1986, however, the City was unsuccessful in
acquiring this parcel and it was subsequently developed. The current balance in the Trust Fund,
maintained by the City, is approximately S1.5 million.
Priority List
1. 485 NE 77 Street Road, Miami, FL - Approximately 1.2 acres on Little River consisting
of vacant but vegetated land with approximately two dozen mature canopy trees (oaks,
gumbo limbos). , The site has approximately 250 feet of river frontage and 300 feet of
street frontage. The Little River is a significant manatee congregation area and
acquisition of this property will afford the public an opportunity to observe manatees
from the shore without disrupting their behavior. The current asking price is $635,000.
109 SW South River Drive, Miami, FL - Approximately 0.21-acre on Miami River
consisting of vacant land adjacent to the 1" Street Bridge. The City of Miami owns a
small parcel on the north side of the -bridge. The current asking price is $425,000,
The City has expressed that these parcels will be utilized for public parks. The City Commission
approved the allocation of funds for these parcels by resolution on March 25, 2010.
In support of the City's efforts, Commissioner T. Spencer Crowley from the Florida Inland
Navigation District (FIND) has suggested that the City apply to FIND's Waterways Assistance
Program (WAP) for. financial assistance. WAP authorizes FIND matching grants of 25 percent
for land acquisition and 50 percent for the cost of site improvements such as shoreline
stabilization. This would allow the City to leverage the Trust Fund to the fullest extent possible.
The City made application to FIND on April 1, 2010.
Recommendation
DEP is recommending that the Board of Tnistees approve the priority list submitted by the City.
Although parcel one on the priority list is not adjacent to the Miami River or Biscayne Bay, this
parcel is located on the Little River and is within the Biscayne Bay Aquatic Preserve.
Acquisition of these parcels will increase public access to and public enjoyment of these water
2
Certificate for Substitute Item-5
May 11,.2.0J 0 Trustees' Agenda
Page Three
bodies as contemplated in the October 1985 agenda item and the Agreement. The City shall V
provide a status report of its progress to DEP within 12 months from the Board of Trustees'
approval of the priority land acquisition list, DEP shall present the report to the Board of
Trustees in the form of a negative response memo or formal agenda item.
(See Attachment 5, Pages 1-20)
RECOMMEND APPROVAL
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Board of
Trustees of the Internal Improvement Trust Fund on this 11 th day of May A.D:, 2010.
.Katie Fagan, Ditto
Office of Cabinet Affairs
SEAL