F. I. U. LIBRARY
FLORIDA DOC'J
r./
MINUTES
OF THE
TRUSTEES
OF THE
Internal Improvement
Fund
State of Florida
VOLUME XXXVI
From July 1, 1966 to July 1, 1968
Published Under Authority of Trustees of Internal
Improvement Fund
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TALLAHASSEE, FLORIDA
1968
MINUTES
OF THE
TRUSTEES
OF THE
Internal Improvement
Fund
State of Florida
VOLUME XXXVI
From July 1, 1966 to July 1, 1968
Published Under Authority of Trustees of Internal
Improvement Fund
TALLAHASSEE, FLORIDA
1968
Digitized by the Internet Archive
in 2010 with funding from
Lyrasis IVIembers and Sloan Foundation
http://www.archive.org/details/minutesoftrustee36flor
Tallahassee, Florida
July 12, 1966
The Trustees of the Internal Improvement Fund met on this date
in the Board Room of the office of the Governor in the Capitol,
Present: Haydon Burns Governor
Fred 0. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Earl Faircloth Attorney General
Robert C. Parker Director
The minutes of the meeting of June 28, 1966, were approved as
submitted .
BREVARD COUNTY - File No. 1821-05-253.12. On May 10, 1966, the
Trustees considered application from Eugene W.Nyland on behalf
of Whyland, Inc., the abutting upland owner, who offered $700.00
per acre for 5.55 acres of submerged land in Newfound Harbor in
Section 30, Township 24 South, Range 37 East, Brevard County,
lying westerly of and abutting Lots 1, 2 and 3, and the North
51.24 feet of Lot 4, of Mrs. A. L. Smith's Subdivision, landward
of the established bulkhead line. Notice of sale was published
in the Cocoa Tribune, proof of publication filed in the Trustees'
office .
Thirteen objections were filed from owners of property on land
previously filled, only one being a riparian owner within one
thousand feet of the application area. The objectors mentioned
the proximity of a sewage disposal plant, pollution of the water,
blocking water flow, wind tides, loss of water area for recrea-
tion and natural beauty. It appeared from information in the
files that there was some water pollution in the area and that
larger local facilities might be needed.
On the basis of previous commitments and sales, and careful study
of the application file, the Staff recommended that the sale be
approved.
On motion by Mr. Faircloth, seconded and adopted, the Trustees
overruled the objections and confitmed sale of the advertised
parcel to the riparian owner at the price offered.
BREVARD COUNTY - File No. 1830-05-253.12. On May 17, 1966, the
Trustees considered application from Riverbank Corporation, the
abutting upland owner, with offer of $1,300.00 per acre, the
appraised value, for purchase of 2.6 acre parcel of submerged
land in the Indian River in Section 3, Township 22 South, Range
35 East, in the City of Titusville, Brevard County, landward of
the established bulkhead line. Notice of sale was published in
the Star Advocate, Titusville, Florida, and proof of publication
was filed.
Andrew A. Titcomb, riparian owner immediately south of the area,
objected that sale would cut off his view and breeze, lower the
value of his property, leaving his waterfront a pocket which he
did not feel able to purchase and fill. It did not appear that
the objector protested the amendment of the bulkhead line.
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Development of the waterfront area in downtown Titusville appeared
to be in the best interest of the city, within the amended bulkhead
line approved by the city and the Trustees.
Motion was made by Mr. Faircloth, seconded and adopted, that the
objection be overruled and sale confirmed to the riparian owner
at the appraised price.
MONROE COUNTY - File No. 1826-44-253.12. On May 10, 1966, the
Trustees authorized advertisement for objections only of 2 parcels
totalling 0.75 acre of submerged land in Pine Channel in Section
34, Township 56 South, Range 29 East, at Big Pine Key in Monroe
County. Vincent K. Smale and Elmer R. Schultz, abutting upland
owners, offered the price approved by the Staff Appraiser of
$300.00 per acre, or in this instance, $100.00 minimum charge for
the 0.28 acre parcel, more or less, and $141.00 for the second
parcel containing 0.47 acre, more or less. Notice of sale was
published in the Key West Citizen, proof of publication filed and
no objection received.
On motion by Mr. Dickinson, duly adopted, the Trustees confirmed
sale of the advertised land to the riparian owners at the price
offered .
MONROE COUNTY - File No. 1835-44-253.12. On May 17, 1966, the
Trustees considered application from Beulah L. Lamb, the abutting
upland owner, who offered the price approved by the Staff Appraiser,
$300.00 per acre, for a parcel of submerged land in the Bay of
Florida in Section 6, Township 62 South, Range 39 East, at Key Largo
in Monroe County, containing 0.8 acre, more or less. Notice of sale
was published in the Key West Citizen, proof of publication filed
and no objection received.
On motion by Mr. Dickinson, duly adopted, the Trustees confirmed
sale of the advertised land to the riparian owners at the price
offered .
PALM BEACH COUNTY - File No. 1828-50-253.12. On May 10, 1966, the
Trustees authorized advertisement of a parcel of 0.358 acre, more or
less, of submerged land in Lake Worth in Section 28, Township 42
South, Range 43 East, in the City of Riviera Beach, easterly of and
abutting Lots 1 and 2, Block 2 of Cocoanut Lodge as recorded in Plat
Book 7, Page 52, Public Records of Palm Beach County, landward of
the established bulkhead line. Notice of sale was published in the
Palm Beach Post, proof of publication filed in the Trustees' office.
A letter from S. Black, ov/ner of Lot 5 in Block 1 of the subdivision,
requesting that sale be deferred so that he, too, could project to
his bulkhead line to prevent a pocket which might collect debris,
was not considered a proper basis for objection to the sale. Staff
recommended that sale be confirmed to Norman Ehinger and wife.
On motion by Mr. Dickinson, seconded and adopted, the objection
was overruled and sale to the riparian owner was approved at the
price approved by the Staff Appraiser, $1,923.00 per acre.
SARASOTA COUNTY - File No. 1798-58-253.12. On May 10, 1966, the
Trustees authorized advertisement for objections only, of a parcel
of submerged land in Big Sarasota Pass in Section 1, Township 37
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South, Range 17 East, 0.16 acre, more or less, landward of the
established bulkhead line in Sarasota County. John D. MacDonald
and wife, the abutting upland owners, offered $625.00 per acre,
or $100.00 minimum in this instance. Notice of sale was published
in the Sarasota Herald, proof of publication filed and no objec-
tion received.
Staff recommended confirmation of the sale and formal approval of
the fill permit No. 65-4 approved by Sarasota County Water and
Navigation Control Authority on April 12, 1966, for filling the
parcel of submerged land.
On motion by Mr. Dickinson, duly adopted, the Trustees approved
the sale and fill permit as recommended.
The following eleven (11) applications from riparian ov/ners for
purchase of submerged lands were presented:
1. BREVARD COUNTY - File No. 1854-05-253.12. J. Lewis Hall, Jr., on
behalf of Pecony, Inc., abutting upland ov/ner, offered $1,200.00
per acre, the value reported by Staff Appraiser, for a parcel
of submerged land in the Banana River in Section 34, Township
24 South, Range 37 East, in the City of Cocoa Beach, landward
of the established bulkhead line, containing 8.677 acres in
Brevard County.
2. BROWARD COUNTY - File No. 1844-06-253.12. Royal State Invest-
ment Corporation, abutting upland owner, offered the appraised
price of $2,380.95 per acre for purchase of two (2) parcels
of submerged land totalling 0.21 acre, more or less, in the
Hillsboro River in Section 8, Township 48 South, Range 43 East,
in the Town of Hillsboro Beach landward of the established
bulkhead line, in Broward County.
3. BROWARD COUNTY - File No. 1846-06-253.12. Margaret Honig, the
abutting upland owner, offered $2,330.95 per acre, the
appraised value, or $100.00 minimum in this instance, for
purchase of a parcel of submerged land in the Hillsboro River
in Section 8, Township 48 South, Range 43 East, containing
0.02 acre, more or less, in the Town of Hillsboro Beach land-
ward of the established bulkhead line, in Broward County.
4. BROWARD COUNTY - File No. 1847-06-253.12. Chris Truelson,
abutting upland owner, offered $2,380.95 per acre, the
appraised value, or $100.00 minimum in this instance, for
purchase of a parcel of submerged land in the Hillsboro River
in Section 8, Township 48 South, Range 43 East, containing
0.02 acre, more or less, in the Town of Hillsboro Beach land-
ward of the established bulkhead line, in Broward County.
5. INDIAN RIVER COUNTY - File No. 1843-31-253.12. Boring and
Boring on behalf of Norbert F. Stanny and wife, abutting upland
owners, offered $200.00 per acre, the value reported by the
Staff Appraiser, for a parcel of submerged land in the Indian
River in Sections 33 and 34, Township 33 South, Range 40
East, containing 5.33 acres landward of the established
bulkhead line in Indian River County.
6. INDIAN RIVER COUNTY - File No. 1855-31-253.12. R. D. Carter
Engineering Firm, Inc., for Robert P. McLarty, the abutting
upland owner, offered $200.00 per acre, value approved by
the Staff Appraiser, for a parcel of submerged land in the
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Indian River in Section 33, Township 30 South, Range 39 East,
containing 9.0 acres landward of the established bulkhead
line in Indian River County, in the Amber sand Beach area.
7. LEE COUNTY - File No. 1799-36-253.12. George T. Swartz on
behalf of Palm Acres, Inc., upland owner, offered $280.00
per acre, value approved by Staff Appraiser, for a parcel of
submerged land in the Caloosahatchee River in Section 34,
Township 45 South, Range 23 East, containing 2.603 acres
landward of the established bulKhead line in Lee County.
8. MONROE COUNTY - File No. 1824-44-253.12. Gene Midnight, the
abutting upland owner, offered $300.00 per acre, approved by
Staff Appraiser, for a parcel of submerged land in the Straits
of Florida in Section 30, Township 65 South, Range 34 East,
at Grassy Key in Monroe County, containing 1.8 acres.
9. MONROE COUNTY - File No. 1858-44-253.12. Bailey-Mooney-Post
Assoc, on behalf of F. H. Rutzke and wife, abutting upland
owners, offered $300.00 per acre, approved by Staff Appraiser,
for a parcel of submerged land in the Bay of Florida in
Section 18, Township 63 South, Range 38 East, containing
0.74 acre at Plantation Key in Monroe County.
10. MONROE COUNTY - File No. 1859-44-253.12. Bailey-Mooney-Post
Assoc, on behalf of Creative Enterprises, Inc., the abutting
upland owner, offered $300.00 per acre, approved by Staff
Appraiser, or $100.00 minimum in this instance, for a parcel
of submerged land in the Bay of Florida in Section 7, Town-
ship 63 South, Range 38 East, containing 0.22 acre at
Plantation Key in Monroe County.
11. MONROE COUNTY - File No. 1860-44-253.12. Bailey-Mooney-Post
Assoc, on behalf of Edmund Makowski and wife, the abutting
upland owners, offered $425.00 per acre, approved by Staff
Appraiser, for a parcel of submerged land in the Straits
of Florida in Section 23, Township 63 South, Range 37 East,
containing 1.61 acres at Windley Key in Monroe County.
On motion by Mr. Dickinson, seconded and adopted, the Trustees
authorized advertisement of the submerged land in the eleven above
applications for objections only.
GLADES COUNTY - Lease. On November 2, 1965, the Trustees approved
five-year extension of Agricultural Lease No. 1397 in favor of
U. S. Sugar Corporation covering 6.5 acres of reclaimed lake
bottom land in Section 19, Township 42 South, Range 34 East, in
Glades County. The extension was to follow the term expiring on
July 27, 1966, with the rental to be fixed by appraisal. Staff
Appraiser recently approved the parcel of Lake Okeechobee bottom
land and recommended that annual rental be increased from $10.00
to $25.00 per acre.
Upon motion by Mr. Faircloth, duly adopted, the Trustees approved
annual rental of $25.00 per acre for Lease No. 1397 extended for
five years from July 27, 1966.
SHELL LEASES - On motion by Mr. Dickinson, duly adopted, the
Trustees accepted as information the following report of remit-
tances received by the Florida Board of Conservation from holders
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of shell leases for the month of June, 1966:
Lease No. Name of Company Amount
1703 Bay Dredging & Construction Co. $ 6,075.17
1718 Radcliff Materials, Inc. 14,010.49
1788 Benton and Company, Inc. 7,940.45
1917 Fort Myers Shell & Dredging Co. 486.60
COLLIER COUNTY - Bulkhead Line. The Board of County Commissioners
of Collier County after consideration at a hearing on March 17,
1965, did, by Resolution filed in the County Records on April 6,
1965, establish a bulkhead line in the Gulf of Mexico in Section
17, Township 48 South, Range 25 East, in the Bonita Beach -
Wiggins Pass area in Collier County which was requested by appli-
cant, Kramlich Associates, Inc. All required exhibits were
furnished by the county and there were no objections to the
establishment of the bulkhead line. All dredging would be done
within the waterways encompassed by the bulkhead line. The Board
of Conservation had no objection to the dredging within the
bulkhead line.
Upon motion by Mr. Dickinson, duly adopted, the Trustees
formally approved the bulkhead line established by Collier County.
LEE COUNTY - Bulkhead Line. The Board of County Commissioners of
Lee County by Resolution adopted June 15, 1966, did establish a
bulkhead line in the Caloosahatchee River near Ft. Myers, Florida,
in Section 34, Township 44 South, Range 24 East, Lee County,
v/hich was requested by applicant Watson A. Walden. All required
exhibits were furnished, there were no objections at the local
level and the Board of Conservation had no objection.
Upon motion by Mr. Williams, seconded and duly adopted, the
Trustees formally approved the bulkhead line established by Lee
County.
CHARLOTTE COUNTY - File No. 1813-08-253.124. Staff recommended
formal approval of a fill permit issued by the City of Punta
Gorda by Resolution adopted on May 23, 1966, under the provisions
of Section 253.124 Florida Statutes, to Punta Gorda Isles, Inc.,
to fill the 4.14 acres of submerged land previously conveyed by
the Trustees under the referenced file number.
Motion was made by Mr. Faircloth, seconded and adopted, that the
fill permit to Punta Gorda Isles, Inc., be formally approved.
CHARLOTTE COUNTY - West Coast Inland Navigation District requested
an easement to allow a slight modification in right of way for
the Intracoastal Waterway, for shifting the channel cut more to
the north because of certain problems in connection with the
foundation of the drawspan in reconstruction of the SAL bridge
across Gasparilla Sound, all lying in Township 42 South, Range
20 East, Charlotte County. Staff recommended that the
additional right of way be granted.
Upon motion by Mr. Dickinson, seconded and adopted, the Trustees
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authorized issuance of easement for the additional right of way.
PINELLAS COUNTY - Pinellas County Water and Navigation Control
Authority submitted an application on behalf of Helmut Rodde for
a commercial dock permit authorizing construction of a commercial
dock in Boca Ciega Bay at Lot 3, Block K, Isle of Capri, in
Pinellas County. All necessary exhibits, including $100.00
processing fee, were submitted and Staff recommended approval.
On motion by Mr. Faircloth, duly adopted, the Board authorized
issuance of a commercial dock permit to Mr. Rodde.
POLK AND LAKE COUNTIES - Staff recommended approval of applica-
tions for removal of fill material from fresh water lakes for
improvement of upland property, for which all necessary exhibits
were submitted, the Florida Game and Fresh Water Fish Commission
had inspected and had no objections providing standard stipula-
tions were included in the permits, and applicants tendered
payment for the material, as follows:
Polk County, Lake Clinch:- R. E. Keller, applicant for
removal of 500 cubic yards of material, remitted $25.00;
Chester G. Ashabranner, applicant for removal of 350 cubic
yards of material, remitted $25.00.
Polk County, Middle Lake Hamilton: David McCall, applicant
for removal of 325 cubic yards of material, remitted $25.00.
Lake County, Lake Gertrude: Ernest E. Sutter, applicant for
removal of $1,000 cubic yards of material, remitted $50.00.
Motion was made by Mr. Dickinson, seconded and adopted, that
permits for removal of the stated amounts of material be issued.
SARASOTA COUNTY - Request was made for approval of Fill Permit
No. 61-33 issued by Sarasota County Water and Navigation Control
Authority to the owners of all submerged bottoms in Spoil Areas
S-5, S-8, S-lOA, and S-llA, B and C, used in conjunction with the
construction of the Intracoastal Waterway through Lemon Bay.
(See Minutes of February 18, 1964.) The original permit expired
July 1, 1966, but it was found necessary to complete certain
remedial work to satisfy complaints of upland owners. The Authority
requested that the permit be granted for a period of one year.
Upon motion by Mr. Dickinson, seconded and adopted, the Trustees
formally approved Fill Permit No. 61-33 issued by Sarasota County
Water and Navigation Control Authority for a period of one year.
SUBJECTS UNDER CHAPTER 18296
SUMTER COUNTY - Refund. On motion by Mr. Dickinson, seconded by
Mr. Williams and duly adopted, the Trustees authorized refund in
the amount of $10.00 to A. M. Barlow, applicant for release of
state road right of way reservation contained in Sumter County
Murphy Act Deed No. 324. The State Road Department did not
recommend release of the reservation.
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On motion duly adopted, the meeting was adjourned.
ATTEST: C — ^^^^i^ C^, U^f^^^^^^- ^^
DIRECTOR - SECRETARY
* * * *
gc^J^r' -z.^ chairman
Tallahassee, Florida
July 19, 1966
The Trustees of the Internal Improvement Fund met on this data
in the Board Room of the office of the Governor in the Capitol,
Present: Haydon Burns Governor
Fred 0. Dickinson, Jr. Comptroller
Earl Faircloth Attorney General
Robert C. Parker Director
The following seven (7) applications were presented from riparian
owners for purchase of submerged lands abutting their upland
ownerships :
1. BREVARD COUNTY - File No. 1853-05-253.12. Lloyd & Asso-
ciates on behalf of Campbell Pocket Corporation, abutting
upland owner, offered $200.00 per acre, the value reported
by the Staff Appraiser, for a parcel of submerged land in
the Indian River in Section 17, Township 30 South, Range
39 East, containing 15.37 acres in Brevard County landward
of the established bulkhead line.
2. INDIAN RIVER COUNTY - File No. 1851-31-253.12. Lloyd & Asso-
ciates on behalf of Eugene J. Mosher and wife, abutting upland
owners, offered $200.00 per acre, the value reported by the
Staff Appraiser, for a parcel of submerged land in the Indian
River in Section 17, Township 33 South, Range 40 East,
containing 3.73 acres in Indian River County landward of the
established bulkhead line.
3. MONROE COUNTY - File No. 1863-44-253.12. Bailey-Mooney-Post
Associates, Inc., on behalf of Holiday Isle, Inc., the abutting
upland owner, offered $425.00 per acre, value approved by
Staff Appraiser, for a parcel of submerged land in the Straits
of Florida in Section 22, Township 63 South, Range 37 East,
containing 1.14 acres at Windley Key in Monroe County.
4. MONROE COUNTY - File No. 1864-44-253.12. Bailey-Mooney-Post,
Assoc, on behalf of Peter A. Doyle and wife, abutting upland
owners, offered $300.00 per acre, the value approved by Staff
Appraiser, for a parcel of submerged land in the Bay of
Florida in Section 6, Township 62 South, Range 39 East, con-
taining 0.71 acre at Key Largo in Monroe County.
5. M ONROE COUNTY - File No. 1865-44-253.12. Bailey-Mooney-Post,
Assoc, on behalf of T. I. C, Inc., abutting upland owner,
offered $326.82 per acre, the value approved by Staff Appraiser,
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for a parcel of submerged land in Card Sound in Section
31, Township 58 South, Range 41 East, containing 7.4 acres
in Monroe County.
6. PALM BEACH COUNTY - File No. 1861-50-253.12. Brockway,
Owen & Anderson on behalf of Willard Utley and wife,
abutting upland owners, offered $1,401.00 per acre, the
value approved by Staff Appraiser, for a parcel of sub-
merged land in Lake Worth in Section 3, Tov/nship 43 South,
Range 43 East, containing 0.306 acre in the City of West
Palm Beach landward of the established bulkhead line.
7. PALM BEACH COUNTY - File No. 1862-50-253.12. Brockway,
Owen & Anderson on behalf of Kenneth P. Foster and wife,
the abutting upland owners, offered $1,401.00 per acre,
value approved by the Staff Appraiser, for purchase of a
parcel of submerged land in Lake Worth in Section 3, Town-
ship 43 South, Range 43 East, containing 0.212 acre in the
City of West Palm Beach landward of the established bulkhead
line in Palm Beach County.
Attorney General Faircloth made a motion, which was seconded and
adopted, that the land in the above seven applications be adver-
tised for objections only.
DADE COUNTY - The Trustees' Staff recommended approval of a
bulkhead line which the Board of County Commissioners of Dade
County, by Resolution No. R-451-66 dated May 3, 1966, had located
along the west shore of Card Sound and Barnes Sound from Mud
Point to the north bank of Manatee Creek at U. S. Highway No. 1.
Field inspection was made by members of the Staff of the Trustees
and the Board of Conservation in conjunction with Dade County
officials, to determine the best location of a bulkhead line to
best serve the public interest.
At the local public hearing there were several objectors to the
alignment, the basic objection being that the bulkhead line was
set too close to shore. Mr. Henry M. Sinclair, attorney for one
objector, had filed suit against the Board of County Commissioners
objecting to the bulkhead line as establisned in Section 13,
Township 59 South, Range 39 East, Dade County, shown on Sheet 3
of the maps submitted by the county. Therefore, the Staff
recommended that the segment of bulkhead line shown on Sheet 3
be excepted from Trustees* approval pending the outcome of the
litigation.
The Director said the party in the litigation claimed that the
bulkhead line crossed over lands in private ownership and would
prevent the owner from securing a fill permit for part of that
land. The Director said the Staff did not recognize the meander
line as being the boundary of upland ownership, and he pointed out
on the map where the meander lines were beyond the bulkhead line
adopted by Dade County.
The Board of County Commissioners on May 3, 1966, also adopted
Resolution No. R-452-66 setting dredging areas limited to a line
located seaward of the bulkhead line approximately equal to 'the
distance between the bulkhead line and the average shoreline as
shown on the maps attached to the resolution, but in no event
would the dredging limits line be a greater distance seaward than
800 feet from the bulkhead line. This resolution created an
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inshore navigation plan for the west side of Biscayne Bay, Card
Sound and Barnes Sound, which would minimize the area of bottoms
dredged for fill material and protect shallow grassy areas. The
Board of Conservation generally approved the dredging limits area
with the exception of areas in the Arsenicker Keys (shown on
Sheets 13 and 14) and in the Chicken Key area (on Sheet 2) , and
the Staff recommended approval as to all areas except Sheets 2,
13, 14 and the area in litigation shown on Sheet 19.
Attorney General Faircloth asked for time to study the subject
matter further.
Without objection, the Trustees took no action and directed that
Resolutions Nos . R-451-66 and R-452-66 be brought back for consid-
eration at a later date.
BAY COUNTY - File No. 1808-03-253.124. Upon motion by Mr. Dickin-
son, seconded and adopted, the Trustees formally approved the fill
permit issued by the City of Panama City on July 14, 1966, to J.
Leonard Johnson, Inc., under the provisions of Section 253.124
Florida Statutes, to fill the 1.55 acre parcel of submerged land
in St. Andrews Bay in Section 35, Township 3 South, Range 15 West,
in Bay County, which was conveyed by the Trustees under the above
referenced file number.
GLADES COUNTY - The Staff requested authority to issue an ex parte
disclaimer retaining, however, the usual oil and mineral reserva-
sations, to a parcel of land containing 4 acres, more or less,
lying in Fractional Section 19, Township 38 South, Range 35 East,
in Glades County, within an area commonly referred to as the
Eagle Bay Tract. All of said tract was conveyed to G. W. Killian,
B. J. Jennings and J. T. Hutto, acting as Trustees for settlers in
the Eagle Bay reclaimed land area, by Trustees I. I. Fund instru-
ment No. 17199 dated March 30, 1925. Due to death of the "Eagle
Bay" trustees, and the fact that heirs, assigns and successors to
said trustees are unnamed, it appears that title to the subject
parcel remained vested in the "Eagle Bay" trustees and a color of
title has therefore resulted. To remove whatever interest the
Trustees might have in the subject parcel, the Staff recommended
issuance of an ex parte disclaimer for the usual charge of $10.00,
excepting from the description the right of way of the state road.
Mr. Dickinson said it was a case of adverse possession for almost
thirty years, that the applicant had satisfied all requirements
of the statutes, and that a quitclaim was requested rather than
a disclaimer. He was in possession of information and details
with reference to the application made by Mr. Edgar Hamilton.
Mr. Parker said the Trustees had no interest. He explained that
as a matter of policy the Staff recommended issuance of ex parte
disclaimers which appeared to serve the same purpose.
Motion was made by Mr. Dickinson, seconded and adopted, that the
Trustees grant the request for issuance of a quitclaim subject,
however, to an approving opinion from the Attorney General.
LAKE COUNTY - Application was made by Lake-Sumter Junior College
for a permit to dredge 8,000 cubic yards of material from Silver
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Lake to improve a beach area between State Road No. S499 and the
edge of Silver Lake in Lake County. The Game and Fresh Water
Fish Commission made an inspection and recommended approval of
the proposed work. Staff recommended that permit be granted
without charge for the material.
Motion was made by Attorney General Faircloth, seconded and duly
passed, that permit be granted without charge to Lake-Sumter Junior
College for dredging 8,000 cubic yards of material from Silver Lake
for improvement of the beach.
POLK COUNTY - Application was made by Harry E. Nelson on behalf
of The Vanguard School for a permit to remove approximately 500
cubic yards of fill material from Lake Pierce in Polk County to
make slight improvements to an eroded shoreline. All required
exhibits and remittance in the amount of $25.00 were submitted.
The Florida Game and Fresh Water Fish Commission investigated and
approved the proposed work providing standard stipulations were
included in the permit.
Motion was made by Mr. Dickinson, seconded and adopted, that
permit be issued for the requested amount of material for $25.00
charge .
DUVAL COUNTY - On October 4, 1960, the Trustees authorized issu-
ance of Permit No. CD-108 to S. C. Henderson & Sons, Inc., for a
marina in Julington Creek adjacent to State Road 13 near Mandarin
in Duval County. James V. Freeman, holder of controlling interest
in the marina now known as Julington Creek Marina, requested
modification of the original permit to allow construction of
additional boat slips. All necessary exhibits and $100.00
processing fee were submitted.
Upon motion adopted without objection, the Trustees authorized
issuance of state commercial dock permit to Julington Creek Marina
modifying the original permit issued in 1960, for $100.00 charge.
PINELLAS COUNTY - Pinellas County Water and Navigation Control
Authority on behalf of William A. Skeen recommended issuance of a
commercial dock permit for construction of a pier in Smith Bayou
at Lot 16, Block C, Grand Bay Subdivision in Pinellas County. All
necessary exhibits and $100.00 processing fee were submitted.
Upon motion by I4r . Dickinson, duly adopted, the Trustees authorized
issuance of state commercial dock permit to Mr. Skeen for $100.00
charge .
ST. JOHNS COUNTY - The Board of Parks and Historic Memorials
requested concurrence, as required by law, of the Governor and
the Trustees of Internal Improvement Fund in the issuance by the
Park Board of a quitclaim deed to College Park Realty Company
reconveying a parcel of land included in error in a deed donating
land in Section 22, Township 8 South, Range 30 East, St. Johns
County, to the Park Board in 1963 for the Frank B. Butler State
Park. The deed to the Park Board contained an erroneous legal
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description which conveyed a small strip of land in excess of
the amount intended. Legal public notice of the reconveyance was
published pursuant to Chapter 589.10 Florida Statutes.
Mr. N. E. Bill Miller, Director of the Park Board, and the
Trustees' Director both said the request had been thoroughly
checked. The Attorney General had approved the quitclaim deed.
Upon motion duly adopted, the Trustees approved the request for
concurrence of the Governor and the Trustees in issuance of the
quitclaim deed.
SUBJECTS UNDER CHAPTER 18296
Motion was made by Comptroller Dickinson, seconded and adopted,
that the Trustees approve Bidding Report No. 889 listing one regu-
lar bid for sale of land in Columbia County under provisions of
Chapter 18296, the Murphy Act, and authorize execution of deed
pertaining thereto.
BREVARD COUNTY - Refund. Upon motion by Mr. Dickinson, seconded
and adopted, the Trustees authorized refund in the amount of
$10.00 to J. William Woodson, applicant for release of the state
road right of way reservation contained in Brevard County Murphy
Act Deed No. 1114. The State Road Department did not recommend
release of the reservation.
On motion duly adopted, the meeting was adjourned.
^^^^ t ji^rti^ /t^^ '^---'' —
G^^^^^. /^^^8^
GOVfijaroR -y/^ CHAIRMAN
ATTEST:
DIRECTOR - SECRETARY
Tallahassee, Florida
July 26, 1966
The Trustees of the Internal Improvement Fund met on this date
in the Board Room of the office of the Governor in the Capitol,
Present: Haydon Burns Governor
Fred O. Dickinson, Jr. Comptroller
Earl Faircloth Attorney General
Robert C. Parker Director
On motion duly adopted, the Trustees approved the minutes of the
meetings of July 12, and 19, 1966.
7-26-66
- 11 -
COLLIER COUNTY - File No. 1836-11-253.12. On June 7 the Trustees
approved advertisement for objections only of several parcels of
submerged land containing 4.7 acres, more or less, in Sections 11
and 12, Township 51 South, Range 25 East, lying between the mean
high water mark boundary of Government Lot 9 of said Section 11
and the bulkhead line established for this area, for which applica-
tion to purchase was made by Tri-County Engineering, Inc., on
behalf of Naples Homes, Inc., the abutting upland owner. Notice
of sale was published in the Collier County News, Naples, Florida,
and proof of publication was filed in the Trustees' office.
Objections were received from several conservation groups including
Collier County Conservancy Rookery Bay Committee primarily on the
grounds that this group had purchased through donation of private
funds a substantial acreage of upland property easterly of the
application area for the purpose of creating a v/ildlife refuge
and for preserving Rookery Bay. Staff reviewed objections with
representatives of this group, and in view of the fact that the
application to purchase was not considered as being detrimental to
the objectives to be obtained by this Conservancy group, the
objections were not considered as well founded.
Except for the area located within Section 12 of Township 51 South,
Range 25 East, for which Staff requested deferment for further
study. Staff recommended confirmation of the sale on the condition
that the applicant restrict dredging operations on the easterly
and northerly sides of his upland property to the areas landward
of the bulkhead line.
The Director indicated on a map where the bulkhead line had been
established generally along the line of mean high water, and
where the applicant desired to purchase several slivers of land
between the mean high water and the bulkhead line and scattered
parcels within the bulkhead line, which was set as closely to
the mean high water line as practicable. He said that the appli-
cants and the Conservancy group knew the Staff's recommendations
as to sale of the submerged land.
Motion was made by Governor Burns, and adopted v/ithout objection,
that sale of the submerged land at $100.00 per acre, the appraised
price, be confirmed with condition that dredging be restricted on
the easterly and northerly sides of applicant's upland to the
areas within the bulkhead line, and that action be deferred for the
area within Section 12.
DADE COUNTY - File No. 1833-13-253.12. On June 7, 1966, the
Trustees authorized advertisement for objections only of a parcel
of submerged land in Biscayne Bay in Section 21, Township 54 South,
Range 41 East, in the City of Miami landward of the established
bulkhead line, lying southerly of and abutting Lot 12 of Munroe's
Plat as recorded in DB "D" at Page 253 of the Public Records of
Dade County, containing 0.76 acre, more or less. Henry Field, the
abutting upland owner, offered $3,610.00 per acre, price approved
by the Staff Appraiser, for the parcel. Notice of sale was
published in the Miami Herald, proof of publication filed and no
objection received.
Motion was made by Mr. Faircloth, seconded and adopted, that sale
of the advertised parcel be confirmed in favor of the riparian
owner at the price offered.
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- 12 -
LEE COUNTY - File No. 1832-36-253.12. On May 31, 1966, the
Trustees authorized advertisement for objections only of two
(2) contiguous parcels of submerged land in Matanzas Pass in
Section 19, Township 46 South, Range 24 East, containing 0.95
acre, more or less, landward of the established bulkhead line
in Lee County. Notice of sale was published in the News-Press,
Fort Myers, Florida, proof of publication filed and no objection
received .
Motion was made by Mr. Faircloth, seconded and adopted, that sale
of the advertised parcel be confirmed in favor of Lewis E.
Thurston and Hazel C. Pearce at $1000.00 per acre, approved by
Staff Appraiser.
MARTIN COUNTY - File No. 1820-43-253.12. On May 21, 1966, the
Trustees authorized advertisement for objections only of a parcel
of submerged land in the St. Lucie River in Section 32, Township
37 South, Range 41 East, containing 0.83 acre, more or less, in
the City of Stuart lying westerly of and abutting Lots 8 to 15
of Block "B" of Riverside Park Subd . , as recorded in Plat Book 4,
Page 98, Public Records of St. Lucie County, for which application
was made by Crary, Crary & Crary on behalf of Laurel Court, Inc.,
the abutting upland owner. Applicant offered $1,750.00 per acre,
the price approved by the Staff Appraiser. Notice of sale was
published in the Stuart News, proof of publication filed.
Objections v.'ere received from several riparian owners. Toley A.
Engebretsen and wife, immediately north of the applicant,
objected that sale and fill would encroach on his dock and boat-
house in place and prevent access to the southern part of his
beach. At any area where the shoreline is concave bayward, an
alignment difficulty occurs in extending boundary lines for
purchase of submerged riparian land. The Staff was working
further on allocating the submerged land and requested deferment.
Motion v/as made by Mr. Dickinson, and duly adopted, that action
be deferred for final consideration at another meeting.
MONROE COUNTY - File No. 1693-44-253.12. On May 31, 1966, the
Trustees considered application from Bahia Honda, Inc., the
abutting upland owner, with offer of the appraised price of $425
per acre for a tract of submerged land in Hawk Channel in Section
25, Township 66 South, Range 30 East, containing 36.78 acres,
more or less, at Bahia Honda Key lying southerly of and abutting
Government Lot 3 of said Section 25 in Monroe County. Notice
of sale was published in the Key West Citizen, proof of publica-
tion filed.
Florida Board of Parks and Historic Memorials registered an
objection to the sale for the reason that the Park Board owned
a parcel of upland property in the vicinity, had a commitment
from the Board of County Commissioners of Monroe County for con-
veyance to the Park Board of the upland property now owned by the
county lying adjacent to the upland property of the applicant,
and the Park Board Staff felt that sale and development of the
submerged land would be incompatible with the use of the adjacent
area for park and recreational use under the supervision of the
Park Board.
in recognition of the position of the Park Board, the Trustees'
Staff recommended that the sale not be approved. Mr. Parker
7-26-66
13 -
advised the Board that the Monroe County Attorney, Paul Sawyer,
by telephone had requested that action be deferred pending further
negotiations with respect to the whole matter.
The Trustees heard Representative Bernie Papy, Jr., also request
deferment. Mr. Papy said the applicant was unable to attend
because of the airlines strike. He pointed out that the county
had given the Park Board 243 acres and that the application to
purchase would place land on the county tax roll and enable the
applicant to improve his property. He said he would like to have
time to discuss the matter with the Park Board.
Motion was made by Mr. Faircloth, seconded and Mr. Dickinson and
adopted, that action be deferred pending further discussion and
negotiations between the interested parties.
MONROE COUNTY - File No. 1831-44-253.12. On June 7, 1966, the
Board considered application from William J. Upjohn, et al, abut-
ting upland owners, who offered $425.00 per acre, approved by
Staff Appraiser for purchase of two (2) parcels of submerged land
in Section 32, Township 63 South, Range 37 East, containing a
total of 4.17 acres, more or less, at Upper Matecumbe Key in
Monroe County. Parcel No. 1 lying in the Bay of Florida north-
westerly of and abutting Tracts 2, 3 and 6 of the Subdivision of
Lots 3 and 4, Plat Book 2, Page 59, Public Records of Monroe
County, contained 2.33 acres; and Parcel 2 in the Straits of
Florida southeasterly of and abutting Tracts 1 and 4 of said sub-
division of Lots 3 and 4 contained 1.84 acres, more or less.
Notice of sale was published in the Key West Citizen, proof of
publication filed and no objection to the sale was received.
On motion by Mr. Faircloth, duly adopted, the Trustees confirmed
sale of the advertised parcels to the riparian owners at the
price offered.
MONROE COUNTY - File No. 1837-44-253.12. On June 7, 1966, the
Board considered application from Robert F. Merrick, Clifford D.
Steves, James A. Conklin and Harvey J. Johnson, abutting upland
owners, who offered $425.00 per acre, the value approved by Staff
Appraiser, for five (5) parcels of submerged land containing a
total of 3.97 acres, more or less, in the Bay of Florida in Section
21, Township 64 South, Range 36 East, Lower Matecumbe Key, Monroe
County, lying northerly and abutting the northeasterly one-half
of Lot 2; Lots 3, 4, 5 and Lots 8 and 9 of Lower Matecumbe Harbor
as recorded in Plat Book 2, Page 105, Public Records of Monroe
County. Notice of sale was published in the Key West Citizen,
proof of publication filed in the Trustees' office.
The Director pointed out on the map the application area which the
four abutting upland ov/ners desired to make a protected area with
a breakwater, a boat basin. The Governor and Attorney General asked
about use of the water area by the boating public and Mr. Parker
said that was considered by a former Attorney General, and until
the submerged land was filled the public could use the water area
as long as it did not unduly interfere with the rights of the
riparian owner. In Monroe County where the Bulkhead Act did not
apply, "area bulkhead lines" were set at the staff level after
careful study and discussion v/ith owners and engineers. Mr. Parker
7-26-66
- 14
said that other sales had been made for the purpose of affording
riparian owners protected boat basins.
At the suggestion of the Governor, the Trustees tentatively
approved the sale subject to approval by the Attorney General
after a study of whether waters over submerged land sold into
private ownership remained available for public use.
PALM BEACH COUNTY - File No. 1841-50-253.12. On May 31, 1966, the
Trustees considered application from Gee & Jenson on behalf of
seven (7) upland owners with offer of the appraised price of
$3,468.00 per acre for 7 parcels of submerged land in Lake Worth
in Section 22, Township 43 South, Range 43 East, containing a
total of 0.581 acre, more or less, within the established bulkhead
line in the City of West Palm Beach, as follows:
1. Agnes Greer 0.115 acre
2. Stanley Peeler 0.076 acre
3. Olive Street Properties, Inc. 0.121 acre
4. Ella D. Potter, et al 0.114 acre
5. Valley D. Townsend 0.058 acre
6. City of West Palm Beach 0.038 acre
7. Holy Trinity Church 0.059 acre
The Trustees also approved dedication of a parcel of submerged
land in Lake Worth in Section 22, Township 43 South, Range 43 East,
containing 6.50 acres, more or less, lying lakeward of and abut-
ting the above parcels, to the City of West Palm Beach, to be
used for road right of way and parkway for beautif ication purposes
in connection with the widening of Flagler Drive in the cove area
of Lake 'Worth. The seven riparian owners gave written consent in
compliance with Section 253.126 Florida Statutes.
The parcels applied for by the seven owners and the 6.5 acres
dedicated to the city were advertised for objections only in the
Palm Beach Post, and proof of publication was filed. The law firm
of Farish and Farish representing Gladys M. Ryon, E:<ecutrix of the
Estate of James S. Ryon, deceased, a former riparian owner whose
upland property was acquired by the city by condemnation, pro-
tested the sale of the submerged land adjacent to her former
ownership. This owner had appealed the Order of Taking filed
with the Court in the condemnation procedure and the attorneys
objected on other grounds. There were also some objections on
conservation grounds from Izaak Walton League, Palm Beach County
Chapter .
Staff recommended that the objections be overruled in recognition
of the public benefit to be derived from the road improvement
program, and since the Court issued an Order of Taking which
vested title to the upland property of former owner Ryon in the
City of 'West Palm Beach, that procedure entitled the city to make
application for that particular parcel of submerged land.
City Attorney John Evans was present. He said plans and specifi-
cations for the four-laning of Flagler Drive were ready, that
delay by appeals could go on for years, that only one owner had
objected and appealed the Order of Taking. Mr. Evans said that
the Court action had vested title in the city, that the Trustees
could go ahead with the dedication, and he believed that whatever
happened thereafter would be between the owner and the city,
that her remedy would be in damages against the city should a
Court rule it was unlawful taking. He also said that the
7-26-66
- 15 -
objector had no supersedeas.
Representing the objector, Joe Farish, Jr., argued strongly
against approval by the Trustees, said the ten-foot strip taken
by the city was not going to be used for a public purpose, that
the Board should allow the Court to adjudicate the matter before
making a decision. He also said that traffic needs did not show
any immediate urgency for the road project, that his client's
home was involved and her rights should be protected.
After consideration, discussion and questioning of the two parties
by the Trustees, motion was made by the Governor, seconded and
adopted without objection, that all applications for purchase of
submerged land be confirmed to the above listed seven applicants,
and that the 6.5 acres of submerged land be dedicated to the City
of West Palm Beach to be used for road right of v/ay and parkway
to be used for beautif ication purposes in connection with the
widening of Flagler Drive in this cove area of Lake Worth.
VOLUSIA COUNTY - File No. 1838-64-253.12. On May 31, 1966, the
Trustees authorized advertisement for objections only of a parcel
of submerged land in the Indian River North in Section 2, Township
18 South, Range 34 East, containing 2.60 acres in the City of
Edgewater landward of the established bulkhead line in Volusia
County. A. J. Frisch and wife, abutting upland owners, offered
$372.00 per acre, the value approved by the Staff Appraiser, for
the parcel. Notice of sale was published in the New Smyrna Beach
News, proof of publication filed and no objections received.
On motion by Mr. Faircloth, duly adopted, the Trustees confirmed
sale of the advertised parcel to the riparian owners at the price
offered .
VOLUSIA COUI'ITY - File No. 1839-64-253.12. On May 31, 1966, the
Trustees authorized advertisement for objections only upon appli-
cation by Samuel A. Strassler and the Estate of Samuel S. Flug,
abutting upland owners, to purchase two (2) contiguous parcels of
submerged land in the Halifax River in Section 26, Township 14
South, Range 32 East, in the City of Daytona Beach, Volusia County,
lying westerly of and abutting Lot 4 of Block 1 and Parcel No. 1,
Lot 5 of Block 1 of Orgona Park, Section 3, as recorded in MB 23,
Pages 232 and 233, landward of the established bulkhead line.
Notice of sale was published in the News-Journal, Daytona Beach,
proof of publication filed and no objection received.
Upon motion, seconded and adopted, the Trustees confirmed sale
of the advertised parcel to the riparian owners at $450.00 per
acre, the price approved by the Staff Appraiser.
The follov;ing four (4) applications were presented from riparian
owners desiring to purchase submerged lands abutting their upland
ownerships:
1. BREVARD COUNTY - File No. 1868-05-253.12. Grusenmeyer and
Associates, on behalf of C. R. Moore and Imperial Towers,
Inc., abutting upland owners, offered $1,500.00 per acre,
approved by Staff Appraiser, for purchase of a parcel of
submerged land in the Indian River in Section 15, Township
7-26-66
- 16 -
22 South, Range 35 East, 4.0 acres in the City of Titusville
landward of the established bulkhead line, in Brevard County.
2. BREVARD COUNTY - File No. 1869-05-253.12. Grusenmeyer and
Associates, on behalf of Roy D. Stackhouse and Washington
Plaza, Inc., abutting upland owners, offered $1,500.00 per
acre, price approved by Staff Appraiser, for purchase of
a parcel of submerged land in the Indian River in Section
22, Township 22 South, Range 35 East, 6.7 acres in the
City of Titusville landward of the established bulkhead line
in Brevard County.
3. PALM BEACH COUNTY - File No. 1870-50-253.12. Adair, Brady
& Fish on behalf of Richard L. Lowe, et al, as Trustees,
abutting upland owners, offered $1,900.00 per acre, approved
by Staff Appraiser, for a parcel of submerged land in Lake
V'Torth in Section 15, Township 45 South, Range 43 East,
containing 3.569 acres in the City of Boynton Beach land-
ward of the established bulkhead line in Palm Beach County.
4. PALM BEACH COUNTY - File No. 1871-50-253.12. Brockway,
Owen and Anderson, on behalf of S. Black, the abutting
upland owner, offered $1,923.00 per acre, or a minimum of
$100.00 in this instance, for a parcel of submerged land
in Lake Worth in Section 28, Township 42 South, Range 43
East, 0.014 acre landward of the established bulkhead line
in the City of Riviera Beach, Palm Beach County.
Attorney General Faircloth made a motion, which was seconded and
adopted, that the land in the above four applications be adver-
tised for objections only.
OKEECHOBEE COUNTY - Glen Davis, holder of Grazing Lease No. 1559
covering 53.64 acres of reclaimed lake bottom land in Section 5,
Township 38 South, Range 3 5 East, Okeechobee County, made appli-
cation for renewal of the lease which expired June 1, 1966. Staff
Appraiser recommended an increase from $1 to $3 per acre annually.
Staff recommended issuance of a new lease for grazing purposes
only at an annual rental of $3 per acre with provision allowing
the Trustees to cancel the lease after ninety (90) day notice
in writing.
Upon motion by Mr. Faircloth, duly adopted, the Trustees accepted
the recommendations of the Staff for issuance of lease to Mr.
Davis .
HILLSBOROUGH COUNTY - The Trustees, as the Board of Drainage
commissioners of the State of Florida under provisions of Section
298.12 Florida Statutes, were requested by Joanne E. Blackburn,
Secretary, Board of Supervisors of Southwest Tampa Storm Sewer
Drainage District, to approve the recommendation from the fifty
land owners present at the land owners' meeting for reappointment
of Mrs. Margaret H. Green as a member of the Board of Supervisors
for a three-year term from the expiration of her current term on
August 1, 1966. Pursuant to advertised call, the owners of a
majority of the acreage in the District were not present at the
meeting and a legal election could not be had.
On motion by Mr. Faircloth, duly adopted, the Trustees appointed
Mrs. Green as Supervisor of Southwest Tampa Storm Sewer Drainage
7-26-66
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District for a three-year term as recommended.
MANATEE COUNTY - File No. 1867-41-253.129. Upon motion made by
Mr. Faircloth, seconded and adopted, the Trustees authorized the
issuance of disclaimer to A. J. Jamison and wife, for handling
charge of $10.00, under the provisions of Section 253.129 Florida
Statutes, covering a parcel of sovereignty land in Section 31,
Township 34 South, Range 17 East, which was filled prior to May
29, 1951.
BROWARD COUNTY - Charles Blickle made application for a state
permit for construction of a concrete bulkhead, wharf and ten piers
in the South Fork of New River in Section 20, Township 50 South,
Range 42 East, Broward County. A limited amount of dredging to
improve navigation was included in the project, with the spoil to
be deposited on the applicant's upland property. All necessary
exhibits, including $100.00 processing fee, were submitted. The
Staff recommended approval.
Upon motion by Mr. Faircloth, seconded and adopted, the Trustees
authorized issuance of state dock permit to Mr. Blickle.
POLK COUNTY - James Felder Selph made application for a state
permit to remove approximately 1,000 cubic yards of fill material
from Lake Reedy in Polk County to be placed on his upland property
in Blocks 4 and 9, U. S. Lot 2, Section 33, To\^mship 31 South,
Range 28 East, Polk County.
The application also included a request to straighten the shoreline
of the lake along the upland property. The Florida Game and
Fresh Water Fish Commission investigated and had no objection to
removal of the fill material to improve the upland property
providing standard stipulations are included in the permit.
However, the Game and Fish Commission recommended against
alteration of the shoreline.
Staff recommended approval of the permit to obtain fill material
to fill upland only, and that request to alter the shoreline
be denied.
Motion was made by Mr. Faircloth, seconded and adopted, that Mr.
Selph be issued a permit for removal of the requested amount of
material for deposit on upland property for $50.00, and that no
alteration of the shoreline would be permitted.
VOLUSIA COUNTY - Volusia County requested amendment of the permit
for artificial reef construction approved by the Trustees on May
10, 1966, for a location at 29° 07.7' North Latitude and 80* 51.5'
West Longitude, for the reason that a new location was recommended
by the Board of Conservation biologist who worked with the county
on plans for the reef. Staff recommended approval of amended
permit for an artificial reef at 29° 09' 04" North Latitude and
80° 53' 20" West Longitude.
Upon motion by Mr. Dickinson, seconded and adopted, the Trustees
authorized issuance of the amended permit for artificial reef to
the Board of County Commissioners of Volusia County.
7-26-66
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TRUSTEES ' FUNDS - Pursuant to authorization of the Trustees that
the Staff negotiate with owners of three parcels of land in the
block south of the Governor's Mansion for purchase of the lots to
eliminate the unsightly houses located thereon, and approval of
the Trustees on November 16, 1965, of the purchase of the lots
owned by E. C. Allen and Frances K. Carter, the Staff continued
negotiations for purchase of the third parcel owned by J. C. Anders.
Mr. Anders agreed to sell for a negotiated price of ?15, 900.00
which appeared to be the lowest price he would accept. In con-
sideration of all the factors surrounding the efforts that were
made to secure the property. Staff recommended approval by the
Board of purchase of the Anders property at the negotiated price.
Upon motion, seconded and adopted without objection, the Trustees
approved purchase of the Anders property at the negotiated price
of $15,900.00.
Upon motion duly adopted, the meeting was adjourned
■■ C2^^r.. f^^^
ATTEST:
DIRECTOR - SECRETARY
Tallahassee, Florida
August 2, 1966
The Trustees of the Internal Improvement Fund met on this date
in the Board Room of the office of the Governor in the Capitol,
Present: Fred 0. Dickinson, Jr. Comptroller
Earl Faircloth Attorney General
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
On motion by Mr. Dickinson, duly adopted, the Trustees approved
the minutes of the meeting of July 26, 1966.
In order to provide specific guide lines with respect to the
conduct of employees of the Trustees in the discharge of their
official duties, the Trustees adopted the following resolution
submitted by the Director, v/hich contained rules and regulations
to govern the conduct of all employees of the Board.
RESOLUTION
IVHEREAS, The Trustees of the Internal Improvement Fund
of the State of Florida, hereinafter referred to as Trustees,
recognize the right of the citizens of Florida to have full
confidence in the official conduct of all members of their
staff, and
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WHEREAS, the Trustees believe that public confidence will
be strengthened by adoption of rules and regulations to
govern the conduct of members of its staff in all matters
which might result in, or arouse suspicion of, what is
known familiarly as conflicts of interest by members
of their staff,
NOW, THEREFORE, BE IT RESOLVED THAT THE TRUSTEES ADOPT
THE FOLLOWING RULES AND REGULATIONS BY WHICH MEMBERS OF
THEIR STAFF ARE TO BE GOVERNED:
(1) No ertployee of the Trustees shall have any financial
interest, direct or indirect, with any firm or individual
engaged in business transactions with the Trustees.
(2) No employee of the Trustees shall have any financial
interest, direct or indirect, with any firm or individual
subject to supervision or regulation by the Trustees of
any members of their staff.
(3) No employee of the Trustees shall engage for personal
gain in any business transaction with the Trustees or any
other activity which would be a conflict of interest.
(4) No employee of the Trustees shall request, solicit,
demand, accept, receive or agree to receive any gift,
favor, service or other thing of value from any firm or
individual transacting business with the Trustees or
subject to supervision or regulations by the Trustees.
(5) No employee of the Trustees shall request, solicit,
demand, accept, receive or agree to receive any gift,
favor, service or other thing of value from any firm or
individual for performance of, or failure to perform,
any of his official duties.
(5) No employee of the Trustees shall accept any
employment, or engage in any activities for personal
gain, outside his official duties without the knowledge
and consent of the Director of the Trustees.
(7) Nothing herein described shall be construed as
prohibiting any employee of the Trustees from accepting
citations, av/ards or prizes, even though accompanied by
things of value, given in recognition of his public
service or accepting grants, scholarships and fellow-
ships for education and traning related to the employee's
official duties, provided that acceptance of the citations,
awards, prizes, grants, scholarships and fellowships has
been approved by the Director of the Trustees.
BE IT FURTHER RESOLVED that any violation of these rules and
regulations shall constitute grounds for disciplinary action
including dismissal from employment.
ADOPTED BY THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND
OF THE STATE OF FLORIDA This the 2nd day of August, A.D. 1966.
HAYDON BURNS
Governor and Chairman
EARL FA IRC LOTH
Attorney General
FRED 0. DICKINSON, JR.
Comptroller
Ci-2-66
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BROWARD WILLIAMS
Treasurer
DOYLE CONNER
Commissioner of Agriculture
LAND MANAGEMENT DIVISION OF TRUSTEES OF INTERNAL IMPROVEMENT
FUND - Upon request of Ney C. Landrum, Director for Florida Outdoor
Recreational Planning Committee, the Staff submitted to the
Trustees recommendation that lease agreement instruments be issued,
in form approved by the office of the Attorney General, between
the Trustees and the Florida Board of Parks and Historic Memorials
as to certain parcels of land recently acquired as authorized by
the Outdoor Recreational Development Council. In meeting on this
same date, the Council approved issuance of the instruments which
had been approved by the Attorney General individually, involving
ten (10) separate transactions for tracts of land described as
follows:
1. St. Joseph Peninsula, Gulf County 671 acres
2. Gold Head Branch Addition, Clay County 23 "
3. St. Joseph Peninsula, Tract 2, Gulf County 98.05 "
4. O'Leno Addition, Columbia County 120 "
5. Florida Caverns Addition, Jackson County 20 "
6. Gold Head Branch Addition (second) , Clay County 13.333"
7. Washington Oaks Addition, Flagler County 73.375"
8. Lake Jackson Mounds, Leon County 10 "
9. Cape Florida, Dade County 100 "
10. St. Joseph Peninsula, Tract 3, Gulf County 1,747.14 "
Upon motion by Mr. Conner, seconded and adopted, the Trustees
authorized issuance of the lease agreements between the Trustees
and the Florida Board of Parks and Historic Memorials, by which
instruments the above tracts of land would be placed under the
jurisdiction of the latter board as recommended by the Outdoor
Recreational Development Council.
PALM BEACH COUNTY - File No. 1866-50-253.12. Hutcheon Engineers,
Inc., on behalf of Nathan R. Silverstein, abutting upland owner,
offered $4,989.40 per acre, price approved by Staff Appraiser, for
a parcel of submerged land in Lake Worth in Section 23, Township
44 South, Range 43 East, containing 0.38 acre, more or less, in
the Town of Palm Beach, Palm Beach County, landward of the
established bulkhead line.
Upon motion duly adopted, the Trustees authorized advertisement
of the parcel for objections only.
BAY COUNTY - Bulkhead Line. Staff recommended denial of approval
for a bulkhead line in Johnson's Bayou which was adopted on May
12, 1954 by the City Commission of the City of Panama City in Bay
County, Florida. Johnson's Bayou was not meandered and was con-
veyed out by patent from the United States to private owners. The
Staff had previously been advised by Attorney General's Opinion
No. 58-3 dated January 3, 1958, that a bulkhead line may be
established across privately-owned submerged lands.
Prior to action on the bulkhead line by the Trustees, suit was
brought against Sunite, Inc., a Florida corporation, and Norman
8-2-66
21
p. Gross and Bernice E. Gross to prevent them from bulkheading
and filling land they owned in Johnson's Bayou. The Final Decree
stated, "The Court cannot find that the attempt of the City of
Panama City to set a bulkhead line on Johnson Bayou after the
institution of this suit can have any legal effect insofar as the
defendants are concerned," and, further, "The Court finds that
the filling of that portion of the defendants' property herein-
after described would not in any way constitute an unreasonable
interference with the rights of others to use the waters of
Johnson Bayou."
The Staff, advised by the City Attorney that he knew of no plan
by the city to amend the bulkhead line to include the area set out
in the Final Decree of the Court, recommended against approval of
the bulkhead line. Map of the area was exhibited at the Trustees'
meeting, showing the bulkhead line set close to the shore, the
offshore ownership boundary line, and the line within which the
Court found that filling would not be an unreasonable interference
with the rights of others, the latter line being considered by the
Staff as a reasonable bulkhead line location.
In view of the apparent position of the city in not amending the
bulkhead line in accordance with the Court ruling, motion was made
by Mr. Dickinson, seconded and adopted, that approval of the
bulkhead line adopted on May 12, 1964, by the City of Panama City
be denied and said bulkhead line be returned to the local authority
for further consideration.
BREVARD COUNTY - The Staff recommended approval of assignment of
Lease No. 1950 held by Blue Crystal Broadcasting Corporation to
Astro Enterprises, Inc., of a parcel of submerged land in the Indian
River used for a radio transmission tower. Assignment and instru-
ment of acceptance by Astro Enterprises, Inc., was filed with the
State Land Office.
Upon motion duly adopted, the Trustees approved the assignment of
Lease No. 1950.
DADE COUNTY - The Staff recommended approval of assignment of
Lease No. 1627 from Mission Broadcasting Company to Mission East
Company covering 7.16 acres of submerged land in Dade County for
use in construction of radio transmitter towers. Assignment and
instrument of acceptance by Mission East Company were filed with
the State Land Office.
Upon motion duly adopted, the Trustees approved the assignment of
Lease No. 1627.
CHARLOTTE COUNTY - Wotitzky, Wotitzky and Schoonover, attorneys
for and on behalf of Central Charlotte County Drainage District,
requested the Trustees, as the Board of Drainage Commissioners of
the State of Florida, to approve issuance of bonds of the drainage
district in the amount of $300,000.00, such approval being required
under the provisions of Section 298.47 Florida Statutes.
Upon motion, seconded and adopted, the Trustees, in their official
capacity as the Board of Drainage Commissioners of the State of
Florida, pursuant to Section 298.47 Florida Statutes, approved the
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issuance of bonds in the amount of $300,000.00 by Central
Charlotte County Drainage District.
GLADES COUNTY - Presented for further consideration was the appli-
cation made by Edgar G. Hamilton, attorney for and on behalf of
Mrs. Lois E. Wetherell, for a quitclaim deed or disclaimer as to
a parcel of land containing 4 acres in Fractional Section 19, Town-
ship 38 South, Range 35 East, in Glades County, which was located
in a larger parcel of land known as Eagle Bay Tract No. 44. On
July 19, 1966, the Trustees approved issuance of quitclaim deed
subject, however, to an approving opinion from the Attorney General.
Staff had advised that ex parte disclaimer was usually recommended
and issued in such cases.
In response to request from the Staff, the Attorney General by
memorandum of July 25, 1966, reviewed the entire transaction and
recommended that the policy of the Trustees be adhered to, and a
disclaimer be issued rather than a quitclaim deed.
Mr. Dickinson asked several questions and at his request, the
Trustees temporarily postponed action until a later date.
OKEECHOBEE AND MARTIN COUNTIES - The Central and Southern Florida
Flood Control District made application for fee title covering tv/o
parcels of lake bottom land in Lake Okeechobee lying within areas
now under perpetual easerrent for levee right of way granted to the
District by the Trustees. Navigational access locks would be con-
structed at both sites. Parcel No. 1 lying in Section 15, Township
38 South, Range 36 East, containing 18.0 acres in Okeechobee
County, and Parcel No. 2 in Section 17, Township 39 South, Range
37 East containing 22.19 acres in Martin County.
Motion was made by Mr. Conner, seconded and adopted, that the
Trustees grant the request of the Central and Southern Florida
Flood Control District for granting title to the two parcels of
lake bottom land to be used for construction of locks.
ST . JOHNS COUNTY - Francis E. Usina made application for a commer-
cial dock permit for construction of a ramp and piers in the
Tolomoto River at North Beach Subdivision, Block 47, in St. Johns
County, for which all required exhibits, including $100 processing
fee, were submitted. Staff recommended approval.
Upon motion adopted without objection, the Trustees authorized
issuance of commercial dock permit to Mr. Usina.
Upon motion duly adopted, the meeting was adjourned.
a^^i^
ATTORNEY GENERAL - ACTING CHAIRMAN
ATTEST; Q^jji^^/^ <^. ^^^g^
DIRECTOR - SECRETARY
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23 -
Tallahassee, Florida
August 16, 1966
The Trustees of the Internal Improvement Fund met on this date
in the Board Room of the office of the Governor in the Capitol.
Present: Fred O. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Earl Faircloth Attorney General
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
On motion duly adopted, the Trustees approved the minutes of the
meeting held on August 2, 1956.
DADE COUNTY - File No. 1842-13-253.12. Staff recommended confir-
mation of sale of a parcel of submerged land in Biscayne Bay in
Section 32, Township 52 South, Ranje 42 East, in the City of Miami
lying easterly of and abutting Lots 23 and 24, Block 1 of ivater
View Park, according to Plat Book 9 at Page 18 of the Public
Records of Dade County, Florida, landv/ard of the established
bulkhead line, for which Hunter B. Rogers, Jr., the abutting upland
owner, offered $3,317.10 per acre, the value reported by Staff
Appraiser. Notice of sale, authorized by the Trustees on June 28,
was published in the Miami Review, proof of publication filed in
the Trustees' office.
An objection received on August 8 from the Jockey Club, ov/ner of
Lot 24 of Block 2, stating that sale and filling would cause a
hazard and create a debris-catching pocket, was not considered
valid by the Staff in view of the fact that a pocket already existed
along the shoreline.
On August 9, the advertised sale date, no meeting was held and
consideration was requested on this date.
Motion was made by Mr. .Villiams, seconded and adopted, that the
objection be overruled and sale of the 0.45 acre parcel be confirmed
in favor of the riparian owners.
LEE COUNTY - File No. 1317-36-253.12. On June 14 the Trustees
deferred action on the application from Ralph D. Padula and wife,
abutting upland owners, to purchase a parcel of submerged land in
the Caloosahatchee P.iver in Section 28, Township 44 South, Range
24 East, containing 13.57 acres, more or less, landward of the
established bulkhead line in the City of Fort Myers in Lee County,
The Board of County Commissioners requested the deferment pending
clarification of jurisdiction of the City of Fort Myers and the
county.
By letter of August 4, the Board of County Commissioners withdrew
the request for deferment and stated that the Board envisaged no
objection to the. bulkhead line as established by the city.
On motion by Mr. vVilliams, duly adopted, the Trustees confirmed
sale of the advertised tract of land to the riparian owners at
$300.00 per acre, the value reported by the S^aff Appraiser.
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MONROE COUNTY - File No. 1837-44-253.12. 0/i July 26 the Trustees
considered the application of Robert F. Merrick, Clifford D. Steves,
James A. Conklin and Harvey J. Johnson, abutting upland owners, for
purchase of five (5) parcels of submerged land totalling 3.97
acres, more or less, in the Bay of Florida in Section 21, Township
64 South, Range 36 East, Lower Matecumbe Key, lying northerly and
abutting the northeasterly one-half of Lot 2, Lots 3, 4, 5, 8 and
9 of Lower Matecumbe Harbor as recorded in Plat Book 2 at Page 105,
Public Records of Monroe County. Final action was withheld pending
review by the Attorney General of the legal aspects of the question
of whether or not the public would be able to use the open water
above the purchased submerged land which the applicants planned
not to fill but to use as a protected boat basin.
The file was submitted to the Attorney General with request for a
review, and the Attorney General forwarded to the Staff memorandum
opinions which take into account the written agreement to be
entered into by all affected riparian owners with respect to the
use of the open water adjacent to their upland ownership. The
agreement assures that all owners of riparian property adjacent to
the tracts sought for purchase will have the right of ingress and
egress by boat to and from their upland holdings, and although the
design of the entire project might have a restrictive effect on the
use by the general public of the open water areas over the tract
sought for purchase, the written agreement in the opinion of the
Staff would afford adequate protection to the upland owners involved
with respect to ingress and egress by boat to and from their upland
property. Therefore, the Staff recommended confirmation of the
sale.
The Director pointed out on the application map where breakwaters
were installed several years ago when dredging for navigation was
done to provide access channels to the property. Upland owners
had a plan for providing a harbor for their boats with access for
each riparian owner assured by the agreement. Other sales in the
Keys had been for the purpose of making sheltered harbors for boats.
At the previous meeting Governor Burns had questioned whether the
public could be excluded from the use of these open water areas.
In the memorandum from the Attorney General it was pointed out
that conceivably the sale of the application parcel of land could
deprive the public of the free and full use of the area, but the
Staff felt that in recognition of the existing conditions in the
Keys and the need for protective harbors for owners' boats it was
not against the public interest to sell the submerged land for that
use. The Director pointed out when submerged land was sold and
filled it was removed from the use of the public.
Attorney General Faircloth said he could not vote in favor of the
sale, that when land was filled the public recognized it as private
property but not in case of open water areas which the applicants
might close off by some device such as a line. He thought the
boating public should have free use of the waters.
Upon expressions from the Comptroller and the Commissioner of
Agriculture that in view of the Attorney General's reservations
they were not able to vote for the sale, the Treasurer made a
motion that it be taken off the agenda. Attorney General Faircloth
requested that he be allowed to study the matter further.
Upon motion by Mr. Williams, duly adopted, the matter was referred
to the Attorney General for study and securing additional informa-
tion.
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GLADES COUNTY - File No. 1873-22-253.36. Mosby Engineering
Associates, for Malcolm J. Hopkins, et ux, abutting upland o\^mers,
made application for a parcel of reclaimed lake bottom land in
Lake Okeechobee in Sections 7 and 18, Township 40 South, Range
33 East, landward of the right of way for Levee L-49, comprising
0.42 acre, more or less, in Glades County.
Staff recommended sale at $594.57 per acre, approved by the Staff
Appraiser, without advertisement in accordance with the policy
for sale of reclaimed lake bottom land to the adjacent upland
owner.
Upon motion, seconded and adopted, the Trustees confirmed sale of
the parcel of reclaimed lake bottom land to the abutting upland
owners at the appraised price.
ORANGE COUNTY - File No. 1857-48-253.36. T. P. Warlow, Jr., on
behalf of Margaret S. King, the abutting upland owner, offered
$500.00 per acre, value approved by the Staff Appraiser, for a
parcel of reclaimed lake bottom land in Lake Conway in Section 13,
Township 23 South, Range 29 East, containing 0.735 acre, more or
less, landward of the 86.4 ft. elevation contour line of the lake.
Lake Conway Water and Navigation Control District approved the
application and had advertised the proposed sale. Staff recommended
confirmation of the sale.
Upon motion, seconded and adopted, the Trustees confirmed sale
of the parcel of reclaimed lake bottom land to the abutting upland
owner at the price offered.
The following six (6) applications were presented from riparian
owners for purchase of submerged lands abutting their upland
properties:
1. BREVARD COUNTY - File No. 1877-05-253.12. Buckner Realty
& Surveying, Inc., on behalf of Ferdinand R. Montami,
Trustee, offered $1,060.00 per acre, value approved by
Staff Appraiser, for a parcel of submerged land in the
Indian River in Section 34, Township 27 South, Range 37
East, containing 1.20 acres in the City of Melbourne
landward of the established bulkhead line.
2. BREVARD COUNTY - File No. 1878-05-253.12. Buckner Realty &
Surveying, Inc., on behalf of John W. Garvy, Jr., et ux,
offered $1,060.00 per acre, value approved by Staff Appraiser,
for two (2) separate parcels of submerged land in the Indian
River in Section 34, Township 27 South, Range 37 East, con-
taining 1.33 acres in the City of Melbourne landward of the
established bulkhead line.
3. DADE COUNTY - File No. 1880-13-253.12. L. M. Lowry, the
abutting upland owner, offered $4,655.00 per acre, the price
approved by Staff Appraiser, for a parcel of submerged land
in Biscayne Bay abutting uplands in Section 40, Township 54
South, Range 41 East, containing 0.47 acre in the City of
Miami landward of the established bulkhead line.
4. MONROE COUNTY - File No. 1874-44-253.12. Bailey-Mooney-
Post Assoc, on behalf of Miss Whitney Bourne Atwood, the
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abutting upland owner, offered $425.00 per acre, price
approved by the Staff Appraiser, for a parcel of submerged
land in the Straits of Florida in Section 28, Township 63
South, Range 37 East, containing 0.67 acre at Upper
Matecumbe Key in Monroe County.
5. MONROE COUNTY - File No. 1875-44-253.12. Bailey-Mooney-
Post Assoc, on behalf of Robert C. Hunter, the abutting
upland owner, offered $425.00 per acre, approved by Staff
Appraiser, for a parcel of submerged land in the Bay of
Florida in Section 28, Township 63 South, Range 37 East,
containing 0.35 acre at Upper Matecumbe Key in Monroe
County.
6. MONROE COUNTY - File No. 1876-44-253.12. Bailey-Mooney-
Post Assoc, on behalf of Vfhitney Bourne Atwood, the
abutting upland owner, offered $300.00 per acre, approved
by the Staff Appraiser, for a parcel of submerged land in
the Bay of Florida in Section 18, Township 63 South, Range
38 East, containing 0.39 acre at Plantation Key in
Monroe County.
Upon motion, duly adopted, the Trustees authorized the advertise-
ment of the land in the above six applications for objections only.
DUVAL COUNTY - Geophysical Permit. Geophysical Service, Inc.,
made application for a permit to conduct a reflection-type
siesmograph survey offshore along the east coast of Florida in
the Atlantic Ocean extending southeast from the southern tip of
Amelia Island in Duval County. On this date the Board of Conser-
vation approved this application. Staff recommended approval
insofar as the interest of the Trustees extended.
Upon motion adopted without objection, the Trustees approved the
permit.
DADE COUNTY - Francis X. Knuck, holder of Campsite Lease No. 2126
which expired on August 18, 1966, covering one acre of submerged
land in the south shoal area south of Key Biscayne, requested
renewal of the lease for private campsite purposes only. The
annual rental was $100.00. Lease contained provision for cancel-
lation by the Trustees after 120-day written notice.
Upon motion duly adopted, the Trustees approved renev/al for one
year for $100.00 annual rental, on the same terms and conditions,
with option for renewal for an additional four years on a year to
year basis, subject to all applicable laws and regulations.
DADE COUNTY - Nicola Associates, holder of Campsite Lease No.
2128 which expired on August 17, 1966, covering one acre of
submerged land located on the south shoal area south of Key
Biscayne, requested renewal. The lease, for private campsite
purposes only with annual rental of $100.00, contained a provision
for cancellation by the Trustees after 120-day written notice.
Upon motion duly adopted, the Trustees approved renewal for one
year for $100.00 annual rental, on the same terms and conditions,
with option for renewal for an additional four years on a year
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to year basis, subject to all applicable laws and regulations.
DADE COUNTY - Upon motion duly adopted, the Trustees approved the
assignment of Campsite Lease No. 2158 from M. G. Haramon, et al,
to Anthony Gunther Klose, covering one acre parcel of submerged
land in the south shoal area south of Key Biscayne in Biscayne
Bay, Dade County. Executed assignment and acceptance of lease
were filed in the State Land Office.
FLAGLER COUNTY - Marine Studios, Inc., holder of Lease No. 1059
which expired on August 18, 1966, made application for renewal
for five years of lease of that area between the high and low
water mark of the Atlantic Ocean adjacent to upland owned by
Marine Studios, Inc. The lease allowed lessee to maintain barriers
at the north and south ends of the strip to prevent vehicular
traffic on the beach but specifically allowed public use for
bathing and other public beach uses.
Since the lease did not restrict the right of the public to use
the beach, but prohibited only vehicular traffic. Staff recommended
five-year extension as requested, v/ith annual rental of $10.00
and one-year cancellation clause.
Upon motion duly adopted, the Trustees approved extension of
the lease as recommended.
GLADES COUNTY - Lykes Bros., Inc., holder of Grazing Lease No. 2130
which expired August 25, 1966, covering 148 acres of land in
Section 34, Township 40 South, Range 32 East, made application
for one-year renewal on the same terms and conditions. Annual
lease rental was increased to $3.00 per acre after an appraisal
made in 1965, and the lease contained provision for cancellation
by the Trustees after 90-day notice.
Upon motion duly adopted, the Trustees authorized renewal of the
lease for one year on the same terms and rental.
SHELL LEASES - The Trustees accepted as information the following
report of remittances received by the Florida Board of Conserva-
tion from holders of shell leases for the month of July:
Lease No. Name of Company Amount
1703 Bay Dredging & Construction Co. $ 4,770.52
1718 Radcliff Materials, Inc. 12,276.19
1788 Benton and Company, Inc. 6,3 28.31 (April
sales)
1917 Ft. Myers Shell & Dredging Co. 945.75
PINELLAS COUNTY - Bulkhead Line; Dredge and Fill Permit;
SAJKV Permits (66-139)
The Pinellas County Water and Navigation Control Authority at its
meeting on April 5, 1966, in accordance with order of the court in
the case of Zabel and Russell vs. Pinellas County 'vJater and
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Navigation Control Authority, established a bulkhead line in Boca
Ceiga Bay in Section 25, Township 31 South, Range 15 East and
Section 30, Township 31 South, Range 16 East, and granted a
dredge and fill permit to Zabel and Russell, being Permit No.
BDF-80 for submerged land, title to which was vested in the
applicants, lying west of Pasadena Avenue South in a portion of
said Sections 5 and 30 in the Town of South Pasadena in Pinellas
County, Florida.
Zabel and Russell in July 1958 made application to the county for
establishment of a bulkhead line and a dredge and fill permit.
Hearings on the application resulted in denial by the Authority
at its regular meeting on November 12, 1959. Applicants brought
suit against the Authority, appealed the decision through the
courts, and the Florida Supreme Court in the January Term, 1965,
held that "The statutory rights of the appellants to dredge, fill
and bulkhead the land, subject to reasonable limitations, are
appellants' only present rights attributable to ownership of the
submerged land itself. It is our view that a denial of permission
to fill in this case amounts to a taking of property without just
compensation because it was not established that the granting of
the permit would materially and adversely affect the public
interest. In view of the foregoing, the decision appealed from
is quashed and the cause remanded for disposition consistent
herewith. "
Subsequently, the Circuit Court o^ the Sixth Judicial Circuit
directed that the bulkhead line be amended to provide a channel
seventy (70) feet in width between the area to be filled and the
upland. The channel would be crossed by a low-level, fixed-span
bridge .
Florida Board of Conservation in a report on dredging and filling
in the area, stated that although the area involved was partially
silted from extensive dredge and fill projects, the parcel repre-
sented almost the last vestiges of an undisturbed, productive
Boca Ciega Bay, and recommended that the application be denied.
In view of the Supreme Court decision and subsequent Circuit Court
action in compliance with the decision, there appeared to be no
proper basis for the exercise by the Trustees of independent
judgment or discretion with respect to granting approval of the
bulkhead line and dredge and fill permit. With these circumstances
in mind, the Staff recommended approval of the bulkhead line
established by Pinellas County Water and Navigation Control
Authority on April 5, 1966, and approval of the dredge and fill
permit issued on that date.
Numerous objections were received by the Trustees' office. In
response to question by the Attorney General, no objector spoke
up at the meeting on this date.
The Director said that applicants had made application to the U. S.
Army Corps of Engineers, which had jurisdiction as to navigation.
The Trustees, upon motion approved without objection, formally
approved the bulkhead line for Zabel and Russell as established
by Pinellas County Water and Navigation Control Authority on
April 5, 1966, and approved the permit numbered BDF-80 issued
by said Authority.
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VOLUSIA COUNTY - Bulkhead Line. The City Council of the City of
Port Orange by Ordinance adopted on June 14, 1966, amended the
bulkhead line previously established by Ordinance 41:00 along the
banks of the Halifax River in the City of Port Orange, in Volusia
Countv. The bulkhead line, on the easterly shore in Section 2,
Township 16 South, Range 33 East, was amended to include land that
had been filled for some years which was thought to have been
included in the original bulkhead line description. The discrepancy
was discovered when the property was surveyed for improvements.
There were no objections to the amended bulkhead line at the local
level, and the Staff recommended approval.
Upon motion by Mr. Williams, seconded and adopted, the Trustees
formally approved the amended bulkhead line established by the
City of Port Orange on June 14, 1966.
CHARLOTTE COUNTY - Mr. Herman T. Isis, attorney on behalf of East
Charlotte Drainage District, requested the Trustees, as the Board
of Drainage Commissioners of the State of Florida, to approve
issuance of bonds of the drainage district in the amount of
$375,000.00, such approval being required under the provisions of
Section 298.47 Florida Statutes.
Upon examination of the exhibits submitted, which appeared to be
in order, the Staff recommended approval by the Board.
Upon motion, seconded and adopted without objection, the Trustees,
in their official capacity as the Board of Drainage Commissioners
of the State of Florida, pursuant to Section 298.47 Florida
Statutes, approved the issuance of bonds in the amount of $375,000.00
by East Charlotte Drainage District.
CITRUS COUNTY - The State Road Department made application for
two dedications for public highway purposes, of land described as
follows:
1. A parcel of sovereignty land in the Gulf of Mexico in Section
14, Township 18 South, Range 16 East, for construction of
State Road S-44, Section No. 02620-2601, containing 0.519 acre,
and
2. A parcel of sovereignty land in Lake Tsala Apopka in Section
16, Township 19 South, Range 20 East, for construction and
relocation of State Road 44, Section 02050-2503, containing
9.05 acres.
Motion was made, seconded and adopted, that the Trustees approve
issuance of the two dedications of land to the State Road Department.
DUVAL COUNTY - The Staff recommended issuance of an exclusive use-
right agreement to the United States for the purpose of giving the
government the authority to exercise exclusive control in order to
provide adequate security for the defense establishment adjacent
to the parcel in question, with a provision for cancellation when
the land is no longer needed for the purpose, covering 29.04 acres,
more or less, extending from the line of mean high water easterly
into the waters of the Atlantic Ocean for a distance of more than
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a mile southerly of the jetties at the mouth of the St. Johns
River. The recommendation was subject to the reconveyance of title
to the parcel in question to the Trustees from the U. S. Govern-
ment, which instituted suit against the Trustees and an Order of
Taking was entered vesting title to the land in the United States.
The need for the taking was declared to be for security reasons to
protect the defense installations adjacent thereto, known as the
Mayport Naval Air Base.
The appraiser for the government and the appraiser for the Trustees
were unable to reach agreement with respect to the value of the
parcel, and the office of the U. S. District Attorney suggested
the possibility that the Trustees might agree to issuance of
exclusive use-right - which would accomplish the same objective
as was accomplished by the order of Taking. Staff reviewed the
matter with the office of the Attorney General which approved the
recommendation. See Minutes
Jan. 10, 1967
Motion was made by Mr. Williams, seconded and adopted without
objection, that the Trustees authorize issuance of an exclusive
use-right agreement to the United States upon the reconveyance of
title to the foreshore area in question to the Trustees of the
Internal Improvement Fund from the United States.
GLADES COUNTY - On July 19, 1966, the Trustees considered an
application submitted by Edgar G. Hamilton for and on behalf of
Mrs. Lois C. Wetherell for a quitclaim deed as to a parcel con-
taining some four (4) acres in fractional Section 19, Township 38
South, Range 35 East, in Glades County within an area commonly
referred to as the Eagle Bay Tract. Upon motion by Mr. Dickinson
which was adopted, the Board authorized quitclaim deed subject
to an approving opinion by the Attorney General.
On August 2 the matter was again submitted for consideration but
action was deferred at the request of Mr. Dickinson, Subsequently
the Staff was in conference with the office of the Attorney
General and additional facts were developed resulting in a letter
from the Attorney General dated August 9 advising that it would
be appropriate to issue a quitclaim deed. On the basis of that
letter the Staff recommended approval for issuance of a quitclaim
deed by the Trustees to the applicant, Mrs. Lois E. Wetherell,
for the usual handling charge of $10.00.
Upon motion duly adopted, the Trustees authorized issuance of
the quitclaim deed to the parcel in question.
MARION AND PUTNAM COUNTIES - The Canal Authority of the State of
Florida requested perpetual easement for canal right of way
purposes over the sovereign bottoms of the Ocklawaha River in
locations where said river was meandered as shown on the Official
Township Plats of Township 12 South, Range 24 East; Township 13
South, Range 24 East; Township 14 South, Range 24 East; and in
Township 15 South, Range 23 East, in Marion and Putnam Counties.
On motion by Mr. Williams, seconded and adopted, the Trustees
authorized issuance of perpetual easement to the Canal Authority.
OKEECHOBEE COUNTY - The Central and Southern Florida Flood Control
District made application for fee title to a parcel of sovereignty
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lake bottom land in Lake Okeechobee in Section 35, Township 37
South, Range 35 East, and lying within an area now under perpetual
easement for levee right of way granted to the United States, said
parcel containing 11.71 acres in Okeechobee County. A water control
structure designated as S-133 would be constructed on the parcel.
On motion duly adopted, the Trustees granted the request of Central
and Southern Florida Flood Control District for fee title to the
11.71 acres of land for the water control structure.
PALM BEACH COUNTY - Upon motion by Mr. Williams, seconded by Mr.
Dickinson and duly adopted, the Trustees granted the request of the
Town of Jupiter, by Resolution No. 23-66 dated July 19, 1966, for
dedication for access road and bridge construction purposes cover-
ing three parcels of submerged land in Sawfish Bay in Section 31,
Township 40 South, Range 43 East, and Section 6, Township 41 South,
Range 43 East, totalling 2.39 acres, more or less, in Palm Beach
County.
PALM BEACH COUNTY - File No. 1879-50-253.129. Upon motion duly
adopted, the Trustees authorized issuance of disclaimer to Helen
Norcross Ceder, for handling charge of $10.00, under the provisions
of Section 253.129 Florida Statutes, for 0.64 acre parcel of
sovereignty land in Lake Boca Raton in Section 29, Township 47
South, Range 43 East, Palm Beach County, which was filled prior to
June 11, 1957.
PINELLAS COUNTY - The Board of County Commissioners of Pinellas
County by Resolution adopted July 26, 1966, requested dedication
of a small parcel containing 0.10 acre of submerged land in Safety
Harbor in Section 27, Tovmship 28 South, Range 16 East, Pinellas
County, abutting county-owned Philippe Park, to be used for a
county boat launching ramp.
Upon motion by Mr. Williams, duly adopted, the Trustees granted
the request of Pinellas County for dedication of the small parcel
of submerged land.
PINELLAS COUNTY - Pinellas County Water and Navigation Control
Authority submitted application on behalf of Harry C. Kennedy for
a state permit for construction of two commercial docks in waters
of The Narrows at Lot 2 in Section 13, Revised Map of Indian Rocks
South Shore Addition, Pinellas County. All requirements and
$100.00 fee were submitted and Staff recommended approval.
Upon motion by I-lr . Williams, duly adopted, the Trustees authorized
issuance of state commercial dock permit to the applicant.
POLK COUNTY - Early N. Davis, Jr., made application for a permit
to remove approximately 350 cubic yards of fill material from Lake
Clinch for improvement of his upland property at Lot 1, First
Addition to Lake Hills Subdivision in Section 29, Township 31 South,
Range 28 East, Polk County. Florida Game and Fresh Water Fish
Commission inspected the area and reported no objection providing
8-16-66
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standard stipulations as to dredging were included in the permit.
All requirements and $25.00 payment for the material were received,
and the Staff recommended approval.
Upon motion adopted without objection, the Trustees authorized
issuance of permit to the applicant.
ST. LUCIE COUNTY - On September 21, 1965, the Trustees deferred
action to give the Attorney General an opportunity to study the
legal questions with reference to the matter of forfeiture of
$50,000.00 performance bond which had been given by Fort Pierce
Port and Terminal Company to assure performance of the obligations
set forth in a Deposit Agreement entered into between the Trustees
and said company on September 29, 1957, in connection with the
sale at less than the appraised price of a parcel of 64 acres of
submerged land in the City of Fort Pierce, St. Lucie County.
Mr. Charles A. Williams, attorney for the company, at that
meeting pointed out that forfeiture of the bond would require
release by the Trustees of a restrictive provision in the Trustees'
deed.
Mr. Faircloth studied that transaction and indicated that he was
in a position to advise the Trustees with respect to the legal
questions. The Staff, having heard nothing further from the
company concerning compliance with the provisions of the Deposit
Agreement as to completion of Phase 1 of the port facilities,
scheduled the matter for consideration by the Trustees and recom-
mended that official action be taken to forfeit the performance
bond of $50,000. Further, the Staff recommended that an appro-
priate instrument be drawn for execution by the Trustees to release
the restrictive provision contained in the original deed in accor-
dance with the terms of said Deposit Agreement.
Mr. Parker informed the Board that he had a long conference with
Mr. .Jilliams, the company attorney, on this date, had received
from him the check from the surety company in the amount of
$50,000.00 forfeited for non-performance with the terms of the
Deposit Agreement, and had given Mr. Williams a receipt to the
effect that this constituted full compliance with the provisions
of the surety bond.
On motion, seconded and adopted without objection, the Trustees
approved the report of the Director and, further, approved the
issuance of an appropriate instrument for releasing the restrictive
provisions contained in the original deed in accordance with the
terms of the Deposit Agreement, subject to approval of the
instrument by the office of the Attorney General.
SUBJECTS UNDER CHAPTER 13296
On motion duly adopted, the Trustees approved Report No. 890
listing three (3) regular bids for sale of parcels of land in
Okaloosa, Osceola and Putnam Counties under provisions of the
Murphy Act, and authorized execution of deeds pertaining thereto.
INDIAN RIVER COUNTY - The City Council of the City of Fellsmere,
Indian River County, by a resolution adopted on June 2, 1966,
requested the Trustees of the Internal Improvement Fund to approve
the sale of all lots in the city now owned by the State of Florida
5-16-66
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(some 2381 city lots containing approximately 400 acres) which
reverted to the State in 1939 under the provisions of Chapter 18296,
Acts of 1937, commonly known as the Murphy Act, to the City of
Fellsmere for a cash consideration of $1.00 per lot for all lots
over 25 feet and 50* per lot for all lots 25 feet or under. This
initial cash consideration would be considered as a down-payment
and the city would obligate itself to make all reasonable efforts
to sell said land for the primary purpose of attracting new indus-
try, it being agreed that the land would not be sold for less
than $50.00 per acre.
Efforts had been made in the past to dispose of the lots but without
success, due primarily to the large amount of outstanding and unpaid
assessments due to the Fellsmere Drainage District and the unpaid
city taxes due to the City of Fellsmere. The closing of the Okee-
lanta Sugar Mill, which had been the most important industry and
source of employment to the citizens of Fellsmere, was creating
a very serious economic problem. The proceeds from sale of this
Murphy Act land, as provided in the terms of the city resolution,
would be divided as follows: one-third to the Trustees, less amounts
paid by the city for the lots as set forth above, which could be
considered as being a down-payment, one-third to the Fellsmere
Drainage District to apply on payment of outstanding drainage
assessments, and the final one-third would be retained by the City
of Fellsmere. The city would be granted a reasonable length of
time within which to conclude sale of this land, not to exceed ten
years, with extension being permissable as approved by the Trustees.
The proposal had the approval of the legislative delegation, the
City Council of Vero Beach as set forth in Resolution No. 1847
adopted June 7, 1966, the Commissioners of Fellsmere Drainage
District, and other local officials.
The procedure outlined in the proposal was a departure from the
policy generally followed in recent years with respect to Murphy
Act lands. However, it was authorized by Section 192.38, Florida
Statutes, (1) paragraph (b) . The Staff carefully reviewed the
application and in recognition of the primary objective of the City
of Fellsmere to secure new industry to improve the economic status
of the city and the need to have land available for any industry
expressing an interest in locating there, and in recognition of the
further need to get this land back into private ownership and on
the tax rolls, the Staff recommended approval of the application
by the City of Fellsmere upon the terms and conditions to be included
in a formal agreement between the city, Fellsmere Drainage District
and the Trustees.
Upon motion by [■Ir . Dickinson, seconded by Mr. Williams and adopted
without objection, the Trustees agreed to enter into the formal
agreement, to be prepared by the office of the Attorney General,
for the proposal as requested by the City of Fellsmere for the sale
of all lots in the city now owned by the State of Florida under the
Murphy Act.
Upon motion duly adopted, the meeting was adjourned,
ATTORNEY GENERAL - ACTING CHAIRMAN
ATTEST:
DIRECTOR - SECRETARY
8-16-66
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Tallahassee, Florida
August 23, 1966
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor in the Capitol.
Present: Haydon Burns Governor
Fred O. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Earl Faircloth Attorney General
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
Minutes of the meeting of August 16, 1966, were approved.
BREVARD COUNTY - File No. 1850-05-253.12. On June 28, 1966, the
Trustees considered application from Norseman Construction and
Realty, Inc., the abutting upland owner, with offer of $700.00 per
acre, the value approved by Staff Appraiser, for a parcel of sub-
merged land in Newfound Harbor in Section 31, Township 24 South,
Range 37 East, containing 17.73 acres, more or less, landward of
the established bulkhead line in Brevard County, Florida. Notice
of sale was published in the Cocoa Tribune, proof of publication
filed and no objection to the sale received.
On motion by Mr. Williams, seconded and adopted, the Trustees
confirmed sale of the advertised parcel of submerged land to the
riparian owner at the price offered.
BROWARD COUNTY - File No. 1844-06-253.12. On July 12, 1966, the
Trustees considered application from Royal State Investment Corpo-
ration, abutting upland owner, with offer of the appraised price
of $2,380.95 per acre for purchase of two (2) parcels of submerged
land in the Hillsboro River in Section 8, Township 48 South, Range
43 East, containing 0.21 acre, more or less, in the Town of Hillsboro
Beach, Broward County, landward of the established bulkhead line.
Notice of sale was published in the Sun-Sentinel of Pompano Beach,
Florida, proof of publication filed and no objection to the sale
was received.
The Town Commission of Hillsboro Beach on July 25, 1966, approved
fill permit to the applicant for filling the submerged land in
this application.
In connection with the application area, the Town of Hillsboro
Beach by Resolution No. 69 dated May 23, 1966, requested the
Trustees to dedicate a permanent easement for public right of way
for causeway and bridge access purposes over the Hillsboro River,
across a parcel of submerged land in the Sh of Section 8, Township
48 South, Range 43 East, Broward County.
Motion was made by Mr. Williams, seconded and adopted, that Trustees
confirm sale of the 0.21 acre parcel to Royal State Investment
corporation at the price offered, formally approve the fill permit
granted by the Town of Hillsboro Beach, and authorize issuance of
dedication instrument for causeway and bridge right of way as
requested by the town .
8-23-66
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BROVJARD COUNTY - File No. 1846-06-253.12. On July 12, 1966, the
Trustees considered application from Margaret Honig, abutting upland
owner, who offered the appraised price of $2,380.95 per acre for
a parcel of submerged land in the Hillsboro River in Section 8,
Township 48 South, Ranje 43 East, containing 0.02 acre, more or
less, in the Town of Hillsboro Beach, Broward County, landward of
the established bulkhead line. Notice of sale was published in
the Sun-Sentinel, Pompano Beach, Florida, proof of publication
filed and no objection received.
Motion was made by Mr. V/illiams, and duly adooted, that sale of
the advertised parcel be confirmed in favor of the riparian owner.
BRO'.JARD COUNTY - File No. 1847-06-253.12. On July 12, 1966, the
Trustees considered application from Chris Truelson, abutting upland
owner, who offered the appraised price of $2,380.95 per acre for a
parcel of submerged land in the Hillsboro River in Section 8, Town-
ship 48 South, Range 43 East, containing 0.02 acre, more or less,
in the Town of Hillsboro Beach, Broward County, landward of the
established bulkhead line. Notice of sale was published in the
Sun-Sentinel, Pompano Beach, Florida, proof of publication filed
and no objection received.
Motion was made by Mr. Williams, seconded and adopted, that sale of
the advertised parcel be confirmed in favor of the riparian owner.
Also, the Trustees formally approved the fill permit granted to the
applicant by the Town Commission of Hillsboro Beach on July 25, 1966,
MONROE COUNTY - File No. 1824-44-253.12. On July 12, 1966, the
Trustees considered application from Gene Midnight and wife, et al,
abutting upland owners, with offer of $300.00 per acre, price
approved by Staff Appraiser, for purchase of l.B acres of submerged
land in the Straits of Florida in Section 30, Township 65 South,
Range 34 East, at Grassy Key, Monroe County, lying southerly of and
abutting Lots 1, 2 and 3, Block 1 of Crain's Subdivision, Plat Book
1, Page 51, Monroe County Public Records. Notice of sale was
advertised in the Key West Citizen, proof of publication filed in
the Trustees' office.
One objection, received from the riparian owner of part of Government
Lot 2 approximately 600 feet from the applicant's upland, was based
on a misunderstanding of the location of the application area and
in the opinion of the Staff was not valid. The application did not
interfere with Mrs. Goldie M. Silva's right to purchase nor inter-
fere with her riparian rights.
Motion was made by Mr. Williams, seconded and adopted, that the
objection be overruled and sale of the advertised parcel confirmed.
MONROE COUNTY - File No. 1858-44-253.12. On July 12, 1966, the
Trustees considered application from F. H. Rutzke and wife, the
abutting upland owners, with offer of $300.00 per acre for a parcel
of submerged land in the Bay of Florida in Section 18, Township 63
South, Range 38 East, containing 0.74 acre, more or less, at
Plantation Key in Monroe County. Notice of sale was published in
the Key West Citizen, proof of publication filed and no objection
received .
5-23-66
- 36 -
On motion by Mr. Williams, duly adopted, the Trustees confirmed
sale of the advertised parcel to the applicants at the price
offered.
MONROE COUNTY - File No. 1859-44-253.12. On July 12, 1966, the
Trustees considered application from Creative Enterprises, Inc.,
the abutting upland owner, with offer of $300.30 per acre, approved
by the Staff Appraiser, for a parcel of submerged land in the Bay
of Florida in Section 7, Township 63 South, Range 38 East, contain-
ing 0.22 acre, more or less, at Plantation Key in Monroe County.
Notice of sale was published in the Key West Citizen, proof of
publication filed and no objection received.
On motion by Mr. ViJiHiams, duly adopted, the Trustees confirmed
sale of the adX/ertised parcel to the applicant at the price offered,
MONROE COUNTY - File No. 1860-44-253.12. On July 12, 1966, the
Trustees considered application from Edmund Makowski and wife,
abutting upland owners, with offer of $425.00 per acre, approved
by the Staff Appraiser, for a parcel of submerged land in the
Straits of Florida in Section 23, Township 63 South, Range 37 East,
containing 1.61 acres, more or less, at Windley Key in Monroe County.
Notice of sale was published in the Key West Citizen, proof of pub-
lication filed and no objection received.
On motion by Mr. '.Villiams, duly adopted, the Trustees confirmed
sale of the advertised parcel to the applicant at the price
offered .
BROWARD COUNTY - By Resolution dated April 5, 1966, the Board of
County Commissioners of Broward County requested the Trustees to
dedicate a 542.65 acre tract of land owned by the Trustees in
Section 33, Township 49 South, Range 40 East, and Section 4, Town-
ship 50 South, Range 40 East, located on State Road 84 approximately
14 miles west of Fort Lauderdale, to the county for public park
and recreational purposes. The county submitted a proposed ten-
year development plan with a detailed schedule showing contemplated
construction and development cost during the ten-year period. The
county agreed to use all money received from concessions, camping
area fees or other revenue-producing facilities for further devel-
opment and operation of the park, and agreed to submit a yearly
progress report on improvements, expenditures and revenues.
vVithin the overall tract there existed five scattered tracts of
privately-owned land containing a total of 66.7 acres, which the
county proposed to acquire during the first year of development
for an estimated cost of $70,000. Access into the tract would be
provided by construction of a $65,000 bridge during the second
year, and development for the balance of the 10 years would be in
the construction of recreational facilities totaling $360,725 as
shown on the park development map submitted by the county.
The Outdoor Recreational Planning Committee reviewed the county
plan and recommended dedication of the tract to the county
conditioned upon the county adhering to the proposed ten-year
development plan as closely as possible.
The Staff recommended dedication of the land for park and
recreational purposes for this populous area, subject to certain
provisions .
5-23-66
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Upon motion by Mr. Williams, seconded and adopted, the Trustees
approved dedication of the 542.55 acre tract to Broward County for
public park and recreational purposes subject to the following
provision: in the event the county shall (1) fail to comply with
the ten-year plan of development which was submitted as a part of
its request, or (2) use said land or any part thereof for purposes
other than county park and recreational purposes, the dedication
hereby made shall at the option of the Trustees be subject to
termination upon sixty days' notice in writing to the county.
BROWARD COUNTY - The Outdoor Recreational Planning Committee, by
Director Ney C. Landrum, requested approval by the Trustees of an
instrument executed by the Board of Commissioners of Florida
Inland Navigation District and forwarded to Mr. Landrum by letter
of August 12, 1966, by the General Manager of said District, con-
stituting a grant of a 99-year lease to the Trustees of the Internal
Improvement Fund for the use and benefit of the Outdoor Recreational
Development Council of the State of Florida, of a parcel of land
described as part of Government Lots 2, 3 and 9, and part of SE^
of NW^, of Section 5, Township 48 South, Range 43 East, in Broward
County, more particularly described in Schedule A of the dedication
instrument. The parcej., containing approximately 56 acres, v;as
near Deerfield Beach.
The Outdoor Recreational Development Council endorsed the purpose
for which this instrument was to be executed in meeting on August
31, 1965.
The Director said that the Trustees, acting under provisions of
the statutes, would receive the lease instrument on behalf of the
Council .
Motion was made by Mr. v/illiams, seconded and adopted, that the
Trustees approve the request for acceptance of the instrument from
Florida Inland Navigation District.
DADS COUNTY - File No. 714-13-253.124; SAKSP Permits (62-278)
On June 28, 1966, the Trustees considered the dredge and fill permit
v;hich v/as issued by Dade County to Malcolm B. Wiseheart and Marshall
C. Wiseheart, for filling a submerged tract of land consisting of
105 acres, more or less, in Sections 2 and 11, Township 56 South,
Range 40 East, landward of the established bulkhead line in Dade
County. The minutes of the Trustees' meeting on that date showed
that Circuit Judge Hugh M. Taylor had rendered a declaratory decree
on June 7, 1966, in which the Trustees were parties defendant, which
decree declared it was the duty of the Trustees to give formal
approval of the fill permit with the two-year limitation to commence
on the date of such formal approval. The Trustees then deferred
action to give Attorney General Earl Faircloth an opportunity to
review the legal questions involved in the litigation to ascertain
whether appropriate grounds for an appeal existed.
Subsequently, the Attorney General reviewed the litigation and
determined that an appeal of the decision of June 7, 1966, was not
deemed appropriate. Therefore, on this date the Staff again sub-
mitted the matter to the Trustees for consideration. Based on the
decree of the court, the Staff recommended approval conditioned upon
full compliance by the designees in the subject permit with all
dredging policies of Metro-Dade County in effect at the time of
this formal approval, with the understanding that the 2-year
limitation of said dredge and fill permit should commence on the
3-23-66
- 38 -
date approved by the Trustees.
Mr. Faircloth said the Trustees had three alternatives. First,
the Board could grant the relief and give the land owner the right
to fill, within the bulkhead line, the submerged land he purchased;
second, deny him the right to secure fill material bayward of the
bulkhead line; or third, the Board could deny the application and
bring into issue the responsibility and jurisdiction of the Trustees
of the Internal Improvement Fund with respect to reviewing and
acting upon dredge and fill permits issued by local governmental
agencies. He said that to deny the fill permit would bring the
matter of jurisdiction of this Board sharply into focus; and he
recommended denial as he did not agree that the county by issuance
of a dredge and fill permit could decide the matter of acquisition
of fill material secured from state-owned submerged land outside
of the area purchased, since this is a matter concerning which the
Trustees have a statutory responsibility.
On motion of Mr. Williams which was unanimously adopted, the
application of Malcolm B. and Marshall C. VJiseheart for formal
approval of subject dredge and fill permit as approved by the
Board of County Commissioners of Dade County, was denied.
DUVAL COUNTY - File No. 1012-16-253.124. Upon motion by Mr.
Dickinson, seconded and adopted, the Trustees formally approved
the fill permit issued by the Board of County Commissioners of
Duval County on July 25, 1966, under the provisions of Section
253.124 Florida Statutes, to John N. Blow to fill the 3.2 acre
parcel of submerged land in the St. Johns River in Section 34,
Tov/nship 1 South, Range 27 East, conveyed by the Trustees under
the referenced file number.
INDIAN RIVER COUNTY - The Board of County Commissioners of Indian
River County by Resolution adopted on August 10, 1966, requested
dedication of two parcels of submerged land in the Indian River
totalling 5.90 acres, more or less, in Sections 33 and 34, Township
33 South, Range 40 East, Indian River County, to be used for road,
causev/ay and bridge construction between the mainland and tv/o
islands known as Round Island and No Name Island which were former-
ly dedicated to the county for public recreational areas.
Motion was made by Mr. Williams, and duly adopted, that the 6.90
acres of submerged land be dedicated to Indian River County for
the purpose requested.
OKALOOSA COUNTY - Robert C. Hoffman made application for a permit
for construction of a dock which would include facilities for
docking boats, fishing and marine concessions, in Santa Rosa
Sound at applicant's upland described as Lots 1, 2 and 3 of
Greater Camp Walton south of right of way of U. S. 98. All neces-
sary exhibits including $100 processing fee were submitted, and
Staff recommended approval.
On motion by Mr. Williams, duly adopted, the Trustees authorized
issuance of state commercial dock permit to the applicant.
8-23-66
- 39 - .
PINELLAS COUNTY - Pinellas County VJater and Navigation Control
Authority submitted application on behalf of Storm Harbor Marina,
Inc., for a permit for construction of floating docks and pier in
St. Joseph Sound at applicant's upland Lot 30, Tampa and Tarpon
Springs Land Co. Subdivision in Section 23, Township 27 South,
Range 15 East, Pinellas County. All required exhibits and $100
processing fee were submitted, and Staff recommended approval.
On motion by Mr. Faircloth, duly adopted, the Trustees authorized
issuance of state commercial dock permit to the applicant.
VOLUSIA COUNTY - File No. 1334-64-253.129. On motion by Mr.
Dickinson, seconded by Mr. VJilliams and adopted, the Trustees
authorized issuance of a disclaimer for handling charge of $10.00
to Joey Strong Schuler under the provisions of Section 253. 12S
Florida Statutes, for a 1.4 acre parcel of sovereignty land in the
Halifax River in Section 10, Township 14 South, Range 32 East,
Volusia County, which was filled prior to May 29, 1951.
SUBJECTS UNDER CHAPTER 132 96
On motion by Mr. Dickinson, duly adopted, the Trustees approved
Report Wo. 891 listing 1 regular bid for sale of Murphy Act land
in Okaloosa County, and authorized execution of deed pertaining
thereto.
On motion duly adopted, the meeting was adjourned.
ATTEST: C J>i^J^ C L>^>^>£ ^
DIRECTOR - SECRET/iRY
Tallahassee, Florida
August 30, 1966
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the Office of the Governor, in the Capitol.
Present: Playdon Burns Governor
Fred O. Dickinson, Jr. Comptroller
Brov/ard Vvilliams Treasurer
Earl Faircloth /attorney General
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
3-30-66
- 40 -
MONROE COUNTY - File No. 1739-44-253.12. On February 15, 1966,
the date advertised for consideration by the Trustees of sale of
a parcel of submerged land in the Bay of Florida in Section 7,
Township 63 South, Range 38 East, at Plantation Key in Monroe
County, for which Mrs. Rose M. Weiler, abutting upland owner,
offered $300.00 per acre, the Staff recommended deferment pending
receipt of information with respect to an objection to the sale
received on February 14. The Trustees postponsd action on confir-
mation of sale to the riparian owner.
On this date the Staff advised the Trustees that the objector,
purporting to own the lot abutting the applicant's property and
who advised the Staff of a controversy over the location of the
boundary line between the two parcels, did not own the abutting
lot. Although the objector had not withdrawn his protest, the
Staff was of the opinion that he had no basis for the continuance
thereof and recommended confirmation of sale to the applicant.
On motion by Mr. Dickinson, duly adopted, the Trustees overruled
the objection and confirmed sale of the advertised parcel containing
0.35 acre, more or less, to the applicant.
VOLUSIA COUNTY - File No. 1882-64-253.12. Gillespie, Gillespie and
Hall, on behalf of Harold J. Heilman and wife, abutting upland owners,
offered the appraised value of $372.00 per acre, or $100.00 minimum
in this instance, for purchase of a parcel of submerged land in the
Indian River North in Section 2, Township 18 South, Range 34 East,
containing 0.09 acre in the City of Edgewater landward of the
established bulkhead line in Volusia County.
On motion by Mr. Williams, seconded by Mr. Dickinson and duly
adopted, the Trustees authorized advertisement of the parcel for
objections only.
CHARLOTTE COUNTY - Drilling Lease No. 224-B, as Modified. Coastal
Petroleum Company, holder of valid Drilling Lease No. 224-B, as
Modified, covering the submerged land on the westerly shore of the
State of Florida between New Port Richey on the north and approxi-
mately 26° N. Latitude or just below the City of Naples on the
south, had assigned some of its interest in said lease to Socony
Mobil Oil Company, now Mobil Oil Corporation, which assignment was
previously approved by the Trustees. Under the terms of the assign-
ment Mobil Oil Corporation assumed certain obligations with respect
to drilling as set forth in the lease. There was a balance of
1379 feet required to be drilled, commencement of which was required
before March 27, 1966, in order to extend saia lease for an addi-
tional five-year period.
Mobil Oil applied for a permit to drill a well prior to February 1,
1966, and, due to certain local conditions, the State Board of
Conservation deferred action on the application for a permit to
drill, which resulted in an application being made to the Trustees
for an extension of the time within which to comply with the drilling
regulations as set forth in the lease. The Trustees adopted a
resolution at their meeting on February 15, 1966, extending the time
within which to commence drilling operations to complete the balance
of the drilling requirements of 1379 feet for a period of six months
from March 27, 1966.
The State Board of Conservation as of this date had not granted
8-30-66
41 -
the request for the permit to drill an oil v/ell filed by Mobil
Oil, and Staff received a formal request from Coastal Petroleum
Company and from Mobil Oil Corporation that the Trustees adopt an
appropriate resolution extend in j the time within which to commence
drillinq operations to complete the balance of the drilling require-
ments of 1379 feet for an additional period of six months from
and after September 27, 1966.
Staff reviewed this request, and since deferment of the commence-
ment and completion of the drilling operations as required by
subject lease was occasioned through no fault of Coastal Petroleum
Company or Mobil Oil Corporation, Staff recommended that the
Trustees grant the request for an extension for a period of six
months from and after September 27, 1955, v/ithin which to commence
drilling operations as set forth above, and that appropriate
resolution be drafted and made a part of the minutes.
Mr. '.'Jilliams commented on the deferment of issuance of the drilling-
permit, and Governor Burns explained that action as recommended by
the Staff would allov/ time for the Board of Conservation to act
on the request for drilling permit.
Motion was made by Mr. Williams, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees agree to extend the time
for a period of six months from and after September 27, 1955, as
recommended by the Staff, and that the following resolution be
approved for incorporation into these minutes.
RESOLUTION
IVHEREAS, March 27, 1966, is the end of the existing five-
year extended term of Drilling Lease No. 224-B, as Modified,
and
V/HEREAS, under the terms and conditions of Drilling Lease
No. 224-B, as Modified, the Lessee, or its successors or
assigns, is obligated to drill a totel of 24,000 feet of
hole in search of oil and gas within each five-year
extended period, and
WHEREAS, there has been credited to Drilling Lease No. 224-B,
as 2-lodified, a total of 22,521 feet of hole drilled within
the existing five-year extended term in search of oil and
gas, leaving a deficit of 1,379 feet of hole to be drilled,
and
l-rtiEREAS, the Trustees of the Internal Improvement Fund by
Resolution dated February 15, 1956, extended the time for
the commencement of drilling a well for a period of six
months from and after March 27, 1965, which is the time
fixed by the terms of Drilling Lease No. 224-B, Modified,
within which the lessee or its assigns is required to drill
a minimum of 12,000 feet in order to extend the lease for
an additional five-year period; and
WHEREAS, Coastal Petroleum Company and Mobil Oil Corporation,
Assignee of the obligations of Coastal Petroleum Company,
pursuant to a contract duly approved by the Trustees of the
Internal Improvement Fund, by Resolution dated August 25,
1955, have requested a further extension of time within
which to commence the drilling of a well, inasmuch as the
State Board of Conservation has not to date granted the
permit to drill a well as duly applied for and filed with
8-30-56
- 42 -
the State Board of Conservation on January 26, 1966; and
WHEREAS, the deferment of the commencement and completion
of the drilling operations as required by subject lease has
been occasioned through no fault of Coastal Petroleum
Company or Mobil Oil Corporation; and
WHEREAS, the Trustees of the Internal Improvement Fund of
the State of Florida find that Notice of Intention to Drill
was duly filed with the State Board of Conservation of the
State of Florida on January 26, 1966, for the drilling of a
well to be known as No. 1 State Well, Lease 224-B, at a
location as in said Notice of Intention to Drill described.
The Trustees of the Internal Improvement Fund of the State
of Florida further find the facts as set forth in the appli-
cation of Coastal Petroleum Company and Mobil Oil Corporation,
for an extension of the commencement date as aforesaid to be
substantially true and correct, and that the annual rental due
March 27, 1966, has been paid.
NOW, THEREFORE, upon motion duly made, seconded and carried,
it is :
RESOLVED that the time within which to commence drilling
operations to complete the balance of the drilling require-
ments of 1,379 feet be extended for an additional period of
six months from and after September 27, 1966.
BE IT FURTHER RESOLVED that the Director of the Trustees of
the Internal Improvement Fund of the State of Florida be, and
he is hereby authorized and directed to furnish copy of this
Resolution to Coastal Petroleum Company and Mobil Oil
Corporation, Assignee of Coastal Petroleum Company, as
aforesaid .
DADE COUNTY - The owners of that part of Cape Florida not purchased
by the State requested the Trustees of the Internal Improvement Fund,
acting for and in behalf of the Outdoor Recreational Development
Council, to accept an instrument relocating the right of way ease-
ment for the extension of Crandon Boulevard over property still in
private ownership. The private owners were shown in the instrument
as the Miami Beach First National Bank, as Trustee, and Elena
Santeiro Garcia, a single woman.
The instrument was reviewed by the office of the Attorney General
and approved as to form and legality. Staff recommended approval
and acceptance. On a map the Trustees saw how the realignment
would take out a sharp angle turn.
Motion was made by Mr. Williams, seconded and adopted, that the
Trustees approve and accept the instrument on behalf of the Outdoor
Recreational Development Council.
MONROE COUNTY - Dawes & Lummus on behalf of Lucille W. Jugar made
application for a disclaimer covering two contiguous parcels of
land which by accretion attached to the applicant's upland Lots 16
and 17, Block 3 of Matecumbe Sandy Beach, Plat Book 3, Page 127,
Monroe County Public Records, in Section 21, Township 64 South,
Range 36 East, Monroe County. Affidavits were submitted with the
application which substantiated the claim that the 0.30 acre parcel
8-30-66
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was accretion. Staff recommended issuance of ex parte disclaimer
Motion was made by Mr. Williams, seconded and adopted, that the
Trustees authorize issuance of ex parte disclaimer for $10.00
charge .
PALM BEACH COUNTY - The Staff requested the Trustees to authorize
the Attorney General to take whatever action he deemed appropriate,
including institution of litigation, to require the owners of the
Steamship Amaryllis to remove the vessel from the beach in Palm
Beach County where it was driven aground on about September 10,
1965, by hurricane Betsy. Repeated efforts had been made by the
Staff and by Director W. T. Carlton of the Division of Beaches and
Shores of the State Board of Conservation, to have the owners of
the said vessel remove it from its present location, but without
success. The freighter was owned by Mcintosh Steamship, S. A.,
a Panamanian corporation with offices in the City of Miami.
The continued presence of the vessel on the beach caused many
objections from the owners of property along the beach near where
the vessel was grounded. Owners of the vessel had removed valuable
items of superstructure including engines, boilers and other items
of equipment, in what they described as an effort to lighten the
hull sufficiently to enable it to be floated free, but those efforts
did not have the desired effect to permit removal.
Motion was made by Mr. Dickinson, seconded and adopted, that the
Attorney General take appropriate action to require the owners
to remove the grounded vessel.
PALM BEACH COUNTY - File No. 1841-50-253.124. Staff recommended
approval of fill permit issued by the City Commission of the City
of West Palm Beach, Florida, by Resolution No. 77-66 dated Aujust
22, 1966, under the provisions of Section 253.124 Florida Statutes,
to fill the nine contiguous parcels of submerged land in the "Cove
Area" in said city in Section 22, Township 43 South, Range 43 East,
containing 0.957 acre, more or less, landward of the established
bulkhead line in V/est Palm Beach, Palm Beach County, recently con-
veyed by the Trustees to the following applicants:
Stafford and John Beach 0.217 acres
Agnes Greer 0.115 acres
Cordova Holding Co. 0.159 acres
Stanley Peeler 0.076 acres
Olive Street Properties, Inc. 0.121 acres
Estate of Ella D. Potter 0.114 acres
Volley D. Townsend 0.058 acres
City of West Palm Beach 0.038 acres
Holy Trinity Church 0.059 acres
0.957 acres
On motion by Mr. Dickinson, seconded and adopted, the Trustees
formally approved the fill permit issued by the City of West Palm
Beach by Resolution No. 77-66 dated August 22, 1966.
VOLUSIA COUNTY - East Volusia Mosquito Control District requested
the adoption of a policy v/hereunder the Trustees' Staff might
examine plans for and authorize limited dike construction and
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drainage ditching in marginal swamp areas without changing the
legal status of the areas, all in accordance with standards of
the State Board of Health. The District maintained excellent
records of its operations and it was in the public interest to
permit (1) construction of dikes upon the perimeter of mangrove
and swamp areas to keep the enclosed areas flooded to a depth
which would support fish, and (2) cutting of drainage ditches
through mangrove and perimeter escarpments in order to drain stag-
nant, mosquito-breeking ponds or maintain connection with the open
waters in order that stagnation might be eliminated.
On motion by Mr. Dickinson, duly adopted, the Trustees authorized
the Staff to review plans for such diking and ditching and to
authorize such limited work by the District in Volusia County.
In addition to the above, the District from time to time would need
to fill by hydraulic fill certain mosquito-breeding areas, and the
policy recommended for such work would be approval by the Trustees
based on submission of plans, determination as to whether the area
to be filled was swamp and overflow or tidal sovereignty land.
Authorization for such filling on state-owned land would be by ac-
tion of the Board based on Staff recommendation.
On motion by Mr. Dickinson, seconded and adopted, the Trustees
accepted the recommendation of the Staff as the policy to be
followed for the above described filling on state-owned land by
the East Volusia Mosquito Control District, without changing the
legal status of the land.
BROWARD AND PALM BEACH COUNTIES - Upon recommendation of the Staff,
the Trustees by motion made by Mr. Dickinson, seconded and adopted,
authorized issuance of state commercial dock permits for $100.00
each to the following applicants.
1. BROWARD COUNTY - Carl A. Rose, bulkhead and dock in the
Hillsboro River at his property in Government Lot 4 in
Section 8, Township 48 South, Range 43 East, in the
Town of Hillsboro Beach, Broward County.
2. PhUA BEACH COUNTY - Norman Ehinger, dock in Lake Worth
at Lots 1 and 2, Block 2, Cocoanut Lodge in the Town
of Riviera Beach, Palm Beach County.
SUBJECTS UNDER CHAPTER 18296
INDIAN RIVER COUNTY - Indian River Farms Drainage District, repre-
sented by its attorney, Chas. E. Smith, made application under
provisions of Chapter 21684, Acts of 1943, for conveyance for $80.00
of a small parcel of land containing 0.2 acre, more or less, lying
between two parcels of land previously purchased by said District
under provisions of the Murphy Act.
The plat showed that Tract 1 of Section 8, Township 3 2 South, Range
39 East, contained 40.43 acres. The East 20 acres were conveyed
July 16, 1945 in Indian River County Murphy Act Deed No. 531 to
the District. The West 20.23 acres of said tract were conveyed
to the District May 15, 1951, in Deed No. 899, leaving a gap of
about 0.2 acre between the two parcels conveyed.
8-30-66
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Motion was made by Mr. Williams, seconded and adopted, that the
small parcel be conveyed to Indian River Farms Drainage District
for $30.00 under provisions of Chapter 21684, Acts of 1943, without
advertisement and public sale.
On motion duly adopted, the meeting was adjourned.
ATTEST:
c^
CHAIRMAN
DIRECTOR - SECRETARY
* * *
* * *
* * *
Tallahassee, Florida
September 6, 1966
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Haydon Burns
Fred O. Dickinson, Jr.
Brov;ard Williams
Earl Faircloth
Doyle Conner
Governor
Comptroller
Treasurer
Attorney General
Commissioner of Agriculture
Robert C. Parker
Director
VOLUSIA COUNTY - File No. 1885-64-253.12. David L. Black, on
behalf of the Florida Bank and Trust Company as Trustee, the
abutting upland ov;ner, made an offer of $200.00 per acre, price
approved by the Staff Appraiser, for purchase of a parcel of sub-
merged land in the Halifax River in Section 13, Tov/nship 16 South,
Range 33 East, 2.6 acres landward of the established bulkhead line
in Volusia County.
On motion duly adopted, the Trustees authorized advertisement of
the parcel of submerged land for objections only.
BROWARD COUNTY - William Grefe, the owner of the remainder of Lot
11, Block 1, of Seabreeze Estates, Plat Book 2, Page 48, of Broward
County Public Records, in Section 25, Township 50 South, Range 42
East, Brov/ard County, made application to purchase said lot. The
original Seabreeze Estates Subdivision existed east of New River
Sound along the Atlantic Ocean but was torn out by hurricanes or
other natural causes, and New River Sound filled naturally with a
corresponding area. A narrow portion of the original subdivision
survived, to which this new area was attached.
The minutes of the meeting on September 18, 1951, reported that
the area in which the subject lot existed was advertised for objec-
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- 46 -
tions only and sale confirmed on that date for various applicants
seeking to clear title to lots in the new area corresponding to
lots in the destroyed area. The new lot in the application of f4r ,
Grefe contained 0.39 acre, more or less.
Staff recommended that quitclaim deed be issued to the applicant
for $117.00 based on the established price at the rate of $300.00
per acre.
Upon motion, adopted v/ithout objection, the Trustees accepted the
recommendation as the action of the Board.
DUVAL COUNTY - File No. 1890-16-253.129. The Bureau of Yards and
Docks, U. S. Navy, on behalf of the United States, made applica-
tion for (1) a disclaimer under the provisions of Section 253.129
Florida Statutes of a parcel of sovereignty land in the St. Johns
River in Section 24, Township 2 South, Range 26 East, in the City
of Jacksonville, Duval County, which was filled prior to May 29,
1951, containing 0.02 acre, and (2) authorization for exclusive
U. S. use by dedication of the 0.05 acre area along and riverward
of the bulkhead along the U. S. Naval and Marine Corps Reserve
Training Center at the same location as the parcel in (1) . The
0.05 acre strip was 5.0 ft. in width over submerged lands of the
St. Johns River along the riverward boundary of the Training Center.
Upon motion duly adopted, the Trustees authorized issuance of dis-
claimer for a handling charge of $10.00 for the 0.02 acre parcel,
and a dedication of the 0.05 acre parcel to the United States.
MANATEE COUNTY - The State Road Department made application for a
temporary dredging easement covering two parcels of sovereignty
land in the open waters of Terra Ceia Bay in Sections 28 and 35,
Township 33 South, Range 17 East, Manatee County, necessary for
the improvement and maintenance of State Road No. 55, Section No.
13130-2507, to terminate September 1, 1970.
On motion duly adopted, the Trustees authorized issuance of the
temporary dredging easement requested by the State Road Department,
On motion duly adopted, the meeting was adjourned.
CHAIRMAN
C^^.jp^(^./Z^
ATTEST:
'Director - secretary
*** •** ***
9-6-66
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Tallahassee, Florida
September 13, 1966
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Haydon Burns Governor
Fred 0. Dickinson, Jr. Comptroller
Earl Faircloth Attorney General
Robert C. Parker Director
On motion made by the Attorney General, and adopted without objec-
tion, the minutes of the meetings of August 23, 30 and September 6,
1966, were approved.
BREVARD COUNTY - File No. 1853-05-253.12. On July 19, 1966, the
Trustees considered the application from Campbell Pocket Corporation,
abutting upland owner, with offer of $200.00 per acre, value reported
by the Staff Appraiser, for purchase of a 15.37 acre parcel of sub-
merged land in the Indian River and Campbell's Cove in Section 17,
Township 30 South, Range 39 East, lying westerly of and abutting
Government Lot 3 of said Section 17, in Brevard County landward of
the established bulkhead line. Notice of sale v/as published in the
Melbourne Times on July 29, August 5, 12 and 19, 1966, and no
objection was received until the day before the meeting when a
telegram from Homer A. Reese protested the sale without stating any
basis for the objection. Mr. Reese owned upland in Government Lot
2, however the legal description of his property was not shown.
The Staff did not consider that the application would interfere
v/ith the riparian rights of the objector or his rights to purchase
submerged land abutting his upland property. Mr. Parker showed maps
of the application area to the Trustees. Governor Burns said he did
not feel that the sale would affect the riparian rights or property
of the objector.
Motion was made by Mr. Faircloth, seconded and adopted without
objection, that the ob;]ection be overruled and sale of the advertised
parcel confirmed in favor of the applicant at the appraised price.
BREVARD COUNTY - File No. 1854-05-253.12. On July 12, 1966, the
Trustees considered application from Pecony, Inc., abutting upland
owner, ./ith offer of $1,200.00 per acre, value reported by the Staff
Appraiser, for a parcel of submerged land in the Banana River in
Section 34, Township 24 South, Range 37 East, containing b.677 acres,
more or less, in the City of Cocoa Beach, Brevard County, landward
of the established bulkhead line. Notice of sale was published in
the Cocoa Tribune, proof of publication filed and no objection to
the sale v;as received.
On motion by Mr. Faircloth, seconded by Mr. Dickinson and adopted
without objection, the Trustees confirmed sale of the advertised
parcel to the applicant at the appraised price.
9-13-66
- 48 -
BREVARD COUNTY - File No. 1868-05-253.12. On July 26, 1966, the
Trustees considered application from C. R. Moore and Imperial
Towers, Inc., abutting upland owners, with offer of $1,500.00 per
acre, value approved by Staff Appraiser, for purchase of a parcel
of submerged land in the Indian River in Section 15, Township 22
South, Range 35 East, containing 4.0 acres, more or less, in the
City of Titusville, Brevard County, landward of the established
bulkhead line. Notice of sale was published in the Star Advocate,
Titusville, Florida, proof of publication filed and no objection
to the sale was received.
Motion was made by Mr. Faircloth, seconded by Mr. Dickinson, and
adopted without objection, that sale of the advertised parcel be
confirmed .
BREVARD COUNTY - File No. 1869-05-253.12. On July 26, 1966, the
Trustees considered application from Roy D. Stackhouse and Washing-
ton Plaza, Inc., abutting upland owners, with offer of $1,500.00
per acre, value approved by Staff Appraiser, for purchase of a
parcel of submerged land in the Indian River in Section 22, Township
22 South, Range 35 East, containing 6.7 acres, more or less, in the
City of Titusville, Brevard County, landward of the established
bulkhead line. Notice of sale was published in the Star Advocate,
proof of publication filed and no objection to the sale was received,
Motion v;as made by Mr. Faircloth, seconded by Mr. Dickinson, and
adopted without objection, that sale of the advertised parcel be
confirmed .
INDIAN RIVER COUNTY - File No. 1843-31-253.12. On July 12, 1966,
the Trustees considered the application from Norbert F. Stanny and
wife, abutting upland owners, who offered $200.00 per acre,
appraised value, for purchase of a parcel of submerged land in
the Indian River in Sections 33 and 34, Township 33 South, Range
40 East, containing 5.33 acres, more or less, landward of the
established bulkhead line in Indian River County. Notice of sale
was published in the Press Journal, Vero Beach, Florida, proof of
publication was filed, and no objection to the sale was received.
Motion was made by Mr. Faircloth, seconded by Mr. Dickinson, and
adopted without objection, that sale of the advertised parcel be
confirmed.
INDIAN RIVER COUNTY - File No. 1851-31-253.12. On July 19, 1966,
the Trustees considered the application from Eugene J. Mosher and
wife, abutting upland owners, who offered the appraised price of
$200.00 per acre for a parcel of submerged land in the Indian River
in Section 17, Township 33 South, Range 40 East, containing 3.73
acres in Indian River County landward of the established bulkhead
line. Notice of sale was published in the Press Journal, Vero
Beach, Florida. Proof of publication was filed and no objection
was received by the Trustees' office.
Motion was made by Mr. Faircloth, seconded by Mr. Dickinson, and
adopted, that sale of the advertised parcel be confirmed.
INDIAN RIVER COUNTY - File No. 1855-31-253.12. On July 32, 1966,
the Trustees considered the application from Robert P. McLarty,
abutting upland owner, with offer of $200.00 per acre, approved by
9-13-66
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the Staff Appraiser, for purchase of a parcel of submerged land in
the Indian River in Section 33, Tovmship 30 South, Range 39 East,
containing 9.0 acres, more or less, landv/ard of the established
bulkhead line in the /"iHibersand Beach area of Indian River County.
Notice of sale was published in the Press Journal, Vero Beach,
Florida, proof of publication filed and no objection to the sale
received.
On motion by ;'4r . Faircloth, seconded by Mr. Dickinson and adopted,
the Trustees confirmed sale of the advertised parcel to the riparian
o'.vner .
LEE COUNTY - File No. 1799-36-253.12. On July 12, 1966, the
Trustees considered the application from Palm Acres, Inc., abutting
upland o^^mer, with offer of the appraised value of $280.00 per acre
for purchase of a parcel of submerged land in the Caloosahatchee
River in Section 34, Township 45 South, Range 23 East, containing
2.603 acres, more or less, landward of the established bulkhead
line in Lee County. Notice of sale was published in the News
Press, Fort Myers, Florida, proof of publication filed and no
objection to the sale received.
On motion by Mr. Faircloth, seconded by lAr . Dickinson and adopted,
the Trustees confirmed sale of the advertised parcel to the riparian
owner .
MONROE COUNTY - File No. 1863-44-253.12. On July 19, 1966, the
Trustees considered the application from Holiday Isle, Inc.,
abutting upland owner, with offer of $425 per acre for a parcel of
submerged land in Section 22, Township 63 South, Range 37 East, at
Windley Key, Monroe County, containing 1.14 acres, more or less.
Notice of sale was published in the Key West Citizen, proof of
publication filed and no objection to the sale was received. The
State Road Department approved the application.
On motion by Mr. Faircloth, seconded by Mr. Dickinson and adopted,
the Trustees confirmed sale of the advertised parcel to the
riparian owners.
MONROE COUNTY - File No. 1864-44-253.12. On July 19, 1966, the
Trustees considered the application from Peter A. Doyle and wife,
abutting upland owners, with offer of $300.00 per acre, approved
by Staff Appraiser, for purchase of a parcel of submerged land in
Florida Bay in Section 6, Township 62 South, Range 39 East, at Key
Largo, Monroe County, containing 0.71 acre, more or less. Notice
of sale was published in the Key West Citizen, proof of publication
filed and no objection to the sale was received.
On motion by Mr. Faircloth, seconded by Mr. Dickinson and adopted
without objection, the Trustees confirmed sale of the advertised
parcel to the riparian owner.
MONROE COUNTY - File No. 1865-44-253.12. On July 19, 1966, the
Trustees considered the application from T. I. C, Inc., abutting
upland owner, with offer of $326.82 per acre, price approved by the
Staff Appraiser, for purchase of a parcel of submerged land in Card
Sound in Section 31, Township 58 South, Range 41 East, containing
7.4 acres, more or less, in Monroe County. Notice of sale was
published in the Key West Citizen, proof of publication filed and
9-13-66
- 50 -
no objection was received.
On motion by Mr. Faircloth, seconded by Mr. Dickinson and adopted
without objection, the Trustees confirmed sale of the advertised
parcel to the riparian owner.
PALM BEACH COUNTY - File No. 1861-50-253.12. On July 19, 1966,
the Trustees considered the application from Willard Utley and wife,
the abutting upland ov/ners, with offer of $1,401.00 per acre,
value approved by Staff Appraiser, for purchase of a parcel of
submerged land in Lake Worth in Section 3, Township 43 South,
Range 43 East, containing 0.306 acre in the City of West Palm
Beach, landward of the established bulkhead line in Palm Beach
County. Notice of sale was published in the Palm Beach Post, proof
of publication filed. One objection received was withdra\vm prior
to the sale date.
On motion by Mr. Faircloth, seconded by Mr. Dickinson and adopted
without objection, the Trustees confirmed sale of the advertised
parcel to the riparian owner.
PALM BEACH COUNTY - File No. 1862-50-253.12. On July 19, 1966,
the Trustees considered the application from Kenneth P. Foster and
wife, abutting upland owners, with offer of $1,401.00 per acre,
approved by the Staff Appraiser, for purchase of a parcel of sub-
merged land in Lake Worth in Section 3, Township 43 South, Range
43 East, City of West Palm Beach, landward of the established
bulkhead line, containing 0.212 acre, more or less. Notice of sale
was published in the Palm Beach Post, proof of publication filed,
and no objection received.
On motion by f-lr. Faircloth, seconded by Mr .Dickinson and adopted
without objection, the Trustees confirmed sale of the advertised
parcel to the riparian owner.
PALM BEACH COUNTY - File No. 1866-50-253.12. On August 2, 1966,
the Trustees considered the application from Nathan R. Silverstein,
abutting upland owner, with offer of $4,989-40 per acre, value
approved by Staff Appraiser, for purchase of a parcel of submerged
land in Lake V7orth in Section 23, Township 44 South, Range 43 East,
containing 0.38 acre, more or less, in the Town of Palm Beach land-
ward of the established bulkhead line in Palm Beach County. Notice
of sale was published in the Palm Beach Daily News and proof of
publication was filed in the Trustees' office.
On this date an objection received from Owen R. Cheatham complained
that the sale and filling of the area would impede the tidal flow
and cause a stagnant pocket. The Staff did not agree with the
complaint and recommended that it be overruled. Mr. Parker showed
the map to the members and answered questions. Mr. Dickinson read
the letter of objection and commented on the conclusions of the
objector's engineer. Governor Burns said that as far as the 0.38
acre parcel in question was concerned, he did not see that sale
would cause any problems.
Motion was made by Mr. Faircloth, seconded by the Governor, that
sale of the advertised parcel be confirmed and the objection over-
ruled. Mr. Dickinson said he objected to the sale, and the motion
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was adopted by a vote of two to one, with Mr. Dickinson recorded
as voting no.
PALM BEACH COUNTY - File No. 1870-50-253.12. On July 26, 1966,
the Trustees considered application from Richard L. Lowe, et al,
as Trustees, abutting upland owners, with offer of $1,900.00 per
acre, price approved by Staff Appraiser, for purchase of a parcel
of submerged land in Lake Worth in Section 15, Township 45 South,
Range 43 East, containing 3.569 acres, more or less, in the City
of Boynton Beach landward of the established bulkhead line. Notice
of sale was published in the Lake Worth Herald, proof of publication
filed and no objection was received.
Upon motion, seconded and adopted without objection, the Trustees
confirmed sale of the advertised parcel to the applicant at the
appraised price.
PALM BEACH COUNTY - File No. 1871-50-253.12. On July 26, 1966, the
Trustees considered the application from S. Black, abutting upland
owner, with offer of $1,923.00 per acre, or a minimum of $100.00
in this instance, for a parcel of submerged land in Lake Worth in
Section 28, Township 42 South, Range 43 East, 0.014 acre, more or
less, in the City of Riviera Beach landward of the established
bulkhead line in Palm Beach County. Notice of sale was published
in the Palm Beach Post, proof of publication filed and no objec-
tion to the sale was received.
Upon motion, seconded and adopted without objection, the Trustees
confirmed sale of the advertised parcel to the riparian owner at
the price offered.
The following three (3) applications were presented from riparian
owners for purchase of submerged lands abutting their upland
properties:
1. BREVARD COUNTY - File No. 1893-05-253.12. Grusenmeyer & Asso-
ciates on behalf of Louis D. Harris, the abutting upland owner,
offered $1,500.00 per acre, value approved by the Staff
Appraiser, for a parcel of submerged land in the Indian River
in Sections 14 and 15, Township 22 South, Range 35 East, con-
taining 0.61 acre landward of the established bulkhead line
in the City of Titusville, Brevard County.
2. MONROE COUNTY - File No. 1891-44-253.12. Bailey-Mooney-Post
Assoc, for Courtney T. Thompson and wife, abutting upland
owners, offered $425.00 per acre, or a minimum of $100.00 in
this instance, approved by Staff Appraiser, for a parcel of
submerged land in the Bay of Florida in Section 32, Township
53 South, Range 37 East, 0.20 acre at Upper Matecumbe Key in
Monroe County.
3. MONROE COUNTY - File No. 1892-44-253.12. Bailey-Mooney-Post
Assoc, for Millard Roberts and wife, abutting upland owners,
offered $425.00 per acre, approved by the Staff Appraiser, for
a parcel of submerged land in the Bay of Florida in Section
32, Township 63 South, Range 37 East, containing 0.50 acre
at Upper Matecumbe Key in Monroe County.
Upon motion, seconded and adopted, the Trustees authorized the land
in the three (3) above applications advertised for objections only.
9-13-66
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SHELL LEASES - The Trustees accepted as information for the minutes
the following report of remittances received by the Florida Board
of Conservation from holders of shell leases for the month of
August:
Lease No. Name of Company Amount
1703 Bay Dredging & Construction Company $ 4,579.09
1718 Radcliff Materials, Incorporated 12,380.47
1788 Benton and Company (for May sales) 8,350.22
1788 Benton and Company (balance of
deficiency on secondary royalties) 3,000.00
DADE COUNTY - Mission East Company, holder of Lease No. 1627
covering 7.16 acres of sovereignty submerged shoal area in Township
55 South, Range 42 East, Dade County, for radio antenna and tov;ers,
requested five-year renewal of the lease which expires on September
21, 1966. The towers are in place and the lease requires compliance
with all applicable regulations and requirements of the U. S. Army
Corps of Engineers, Federal Communications Commission and the
Federal Aviation Administration, as well as the state and local
regulations. Annual rental is $50.00 per acre.
Upon motion by Mr. Dickinson, seconded and adopted without objec-
tion, the Trustees approved five-year renewal on the same terms
and conditions.
LEE COUNTY - Bulkhead Line. Pursuant to application of property
O'/mers, Pine Island Shores, Inc., and Lucille Pearce, the Board of
County Commissioners of Lee County on July 13, 1966, adopted a
resolution establishing a bulkhead line in San Carlos Bay in
Section 2, Township 46 South, Range 22 East, in Lee County at the
south end of Pine Island. There were no objections to the bulk-
head line. All required exhibits were submitted and the Staff
recommended formal approval.
Motion was made by Mr. Dickinson, seconded and adopted without
objection, that the Trustees formally approve the bulkhead line
as established by Lee County on July 13, 1966.
DADE COUNTY - Bulkhead Line. The City of Miami Beach by Resolu-
tion No. 11922 adopted on August 24, 1966, amended the bulkhead
line along the easterly side of Indian Creek in Section 14, Town-
ship 53 South, Range 42 East, in Dade County. Change in the
bulkhead line was needed in connection with the widening of State
Road A-l-A, Collins Avenue. The amendment was a continuation
of the bulkhead line to the south previously approved by the
Trustees. All required exhibits were furnished and there were
no objections. Staff recommended approval.
Motion was made by Mr. Dickinson, seconded and adopted without
objection, that the Trustees formally approve the amended bulkhead
line as established by the City of Miami Beach by Resolution No.
11922.
DADE COUNTY - Bulkhead Line. The Trustees on January 11, 1966,
formally approved an amended bulkhead line at the west end of
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Fairyland Island in North Biscayne Bay (Bella Vista Bay) which
was established by the Board of County Commissioners of Dade County
by Resolution No. 11486 dated December 7, 1965. The Staff recom-
mended confirmation of the previous action formally approving the
amended bulkhead line for the following reason.
The County had certified that all the requirements of Florida
Statutes 253.122(4) had been met but subsequently discovered that
they had not notified all riparian upland owners within 1000 feet.
Therefore, to rectify that error, the Board of County Commissioners
of Dade County scheduled a public hearing on the application to
amend the bulkhead line and to ratify the Board's action of Decem-
ber 7, 1965. The Board of County Commissioners on June 7, 1966,
adopted Resolution No. R-575-66 ratifying the action taken in
Resolution No. 11486.
Upon motion by Mr. Dickinson, seconded and adopted without objec-
tion, the Trustees confirmed their action of January 11, 1966,
formally approving the amended bulkhead line as established by
Dade County.
PINELLAS COUNTY - Staff recommended formal approval of an amended
bulkhead line established by Pinellas County Water and Navigation
Control Authority on August 23, 1966, in Sections 7, 12, 13, 24,
19 and 30, Township 30 South, Range 15 East, Pinellas County, along
the easterly shore of The Narrows. The amended bulkhead line was
located westv/ard to coincide with the east right of way line of the
Intracoastal Waterway. There were no objections and all required
exhibits were furnished.
Motion was made by Mr. Faircloth, seconded and adopted without
objection, that the Trustees formally approve the amended bulkhead
line as established by Pinellas County Water and Navigation Control
Authority on August 23, 1966.
BAY COUNTY - Formal request was made by Mexico Beach Corp., Inc.,
that the Trustees accept ownership of submerged bottoms of the
canals as indicated on plats of Unit No. 7 (a part of Fractional
Sections 22, Township 6 South, Range 12 West) and Unit No. 8 (a
part of Fractional Sections 22 and 23, Township 6 South, Range 12
West) in Bay County, which were recorded in the Public Records of
Bay County, Florida, by Mexico Beach Corp., Inc., the developer.
The primary purpose of the request was to get the canals leading
out to the Gulf into public ownership so that certain surveys and
improvement might be made by the U. S. Army Corps of Engineers.
Director Randolph Hodges of the State Board of Conservation advised
that the canals in the two units appeared to be primarily for
recreational use and were not needed at the present time to serve
the commercial traffic needs of the state on the intracoastal
waterway system.
Director Ney Landrum of the Outdoor Recreational Planning Committee
advised the Staff that he saw no objection provided the Trustees,
in accepting title to the submerged bottoms, assumed no responsi-
bility for maintenance or improvement of the navigation capacity of
the canals in question.
The proposal was endorsed by the Board of County Commissioners of
Bay County, Port St. Joe -Gulf County Chamber of Commerce, and
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Representative Ben C. Williams of Gulf County who was present on
this date. Mr. Williams said better boating facilities and protec-
tion for small boats in bad weather were needed, and that federal
funds were available for feasibility surveys and maintenance of
waterways in public o\vmership. Primarily, he and the others were
interested in the area south of the highway, about one-fourth mile
of canal, and maintenance by the state was not requested, Mr.
Williams said.
The Staff reviewed the plats attached to the request and noted
that in the dedication portion of the plat as to Unit No. 8, the
area northerly of U. S. Highway No. 98, the language, "The canals
and waterways within the bounds of this subdivision are reserved
for the use of the owners and occupants of the lands within the
subdivision", raised serious question with respect to the authority
of the development company to convey a clear title to the submerged
bottoms of the canal in Unit No. 8. There was nothing shown in
the Unit No. 7 dedication that created doubt with respect to the
requested conveyance of title of submerged bottoms of the canals
in Unit No. 7.
In recognition of the public benefits that might flow by the
Trustees owning title to submerged bottoms of the canals shown in
the Plat for Unit No. 7, the Staff recommended approval of accep-
tance of title conditioned upon a clear understanding that the
Trustees would not be assuming any obligations with respect to
maintenance of the canals,, jetties or other installations having
a relationship to said canals.
Mr. Dickinson asked about the approval by public officials from
both counties. Governor Burns remarked that similar requests
might be received from the developers of hundreds of other private
developments with waterways, and in spite of the understanding or
commitment that the Trustees would assume no obligation for main-
tenance of the canal or jetties, there would be citizens calling
upon the state to maintain or improve canals owned by the state.
He suggested that if needed, public boat basins should be placed
on public property.
Motion v;as made by Governor Burns, and adopted v/ithout objection,
that the request from Mexico Beach Corp., Inc., be denied.
DADE COUNTY - Treasure House Associates made application for a
permit for a commercial dock in Biscayne Bay at Lots 10, 11, 12
and 13, Block 8, First Addition to Treasure Island, North Bay
Village. All required exhibits and $100.00 processing fee were
submitted, and the Staff recommended approval.
Motion was made by Mr. Faircloth, seconded and adopted, that the
Trustees authorize issuance of a state permit to the applicant.
GLADES COUNTY - Upon motion by Mr. Dickinson, seconded and duly
adopted, the Trustees granted the request from the Central and
Southern Florida Flood Control District for the following:
1. Perpetual right of way easement over a part of the
sovereignty bottom lands of Lake Hicpochee in Sections
29 and 30, Township 42 South, Range 32 East, Glades County,
abutting the present right of way of the Caloosahatchee
River Canal (C-43) , necessary for widening that canal; and
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2. Temporary easement for spoil area lying northerly of
the easement requested in "1" above, said spoil disposal
easement to terminate June 1, 1970.
LEE COUNTY - Charles I. Campbell, attorney, requested that the
Trustees disclaim the NW^s of NE% of SW^ of Section 4, Township 45
South, Range 27 East, Lee County, by reason of quitclaim deed of
the L & N Railroad Company to the Trustees dated March 12, 1908.
That company quitclaimed to the Trustees approximately 12,000 acres
of land in settlement of litigation between the L & N and the
Trustees. Quitclaim deed was issued to distinguish and nullify
certain certificates issued by the Trustees in 1888 to the Pensa-
cola and Atlantic Railroad, whereby the Trustees would deed to the
P Se A Railroad the land when patented to the state by the United
States.
As patents were not issued to the state by the United States cover-
ing these lands, no title passed with the certificates and the
quitclaim was to extinguish any claim by the L & N Railroad arising
out of these certificates. Title to the NE^ of SW^ of Section 4
did not pass to the State of Florida, as it was patented to John
H. Johns on December 28, 1926.
Upon motion by Mr. Faircloth, seconded and adopted without objec-
tion, the Trustees authorized issuance of an ex parte disclaimer
for handling charge of $10.00.
MONROE COUNTY - Upon motion by Mr. Faircloth, seconded and adopted
v/ithout objection, the Trustees granted request from the State Road
Department for the following:
1. Dedication for road right of way purposes covering a
small parcel of submerged land in Toms Harbor in Sections
16 and 21, Township 65 South, Range 34 East, Duck Key in
Monroe County, necessary in the construction of access road
to Duck Key, the project being identified as SRD Section
90508-2601; and
2. Perpetual drainage easement over a parcel of submerged
land in the Straits of Florida in Section 36, Township 67
South, Range 25 East, Stock Island, necessary to construct
and maintain an outfall ditch for State Road No. 941, the
project being identified as SRD Section 90550-2608.
TRUSTEES ' FUNDS - Capitol Center. The Director of the Capitol
Center Planning Committee advised the Trustees' Staff that property
owned by Samuel Pate, J. A. Tubbs, R. V. Mickler, Childers
Construction and Jerry v;. Carter, located within the capitol
center, was available for purchase. Staff requested authority
to acquire those parcels of land provided the purchase price
agreed upon was not in excess of the appraised value as established
by the Staff Appraiser. In the event the five above owners would
not sell for the appraised price, it was anticipated that nego-
tiations v/ould be continued to reach an agreed-upon purchase price,
which amount would be re-submitted to the Trustees for their
consideration at a subsequent meeting.
Motion was made by Mr. Faircloth, seconded and adopted without
9-13-66
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objection, that the report on pending acquisition of capitol
center property be accepted and approved.
Motion was made by Mr. Faircloth, seconded, and adopted without
objection, that the Trustees authorize issuance of refund of a
$10.00 fee received from Stamey, Dravitz aid Dudley of Hialeah,
Florida, which was a duplication of charges involved in applica-
tion for release of the canal reservations held by the Trustees
affecting a residential building lot in Dade County, the land
having been conveyed in Trustees' Deed No. 16187.
Upon motion by Mr. Dickinson, seconded and adopted, the Trustees
authorized the Staff to invite bids for printing and binding 150
copies of Volume 35 of the minutes of the Trustees, the reproduction
to be by photo-lithographic process, 10 copies to be in full sheep-
skin binding, and the balance paper cover stock uniform with the
preceding volume.
SUBJECTS UNDER CHAPTER 18296
DUVAL COUNTY - The City of Jacksonville offered $1,000.00 for
removal of all reservations and restrictions contained in Duval
County Murphy Act Deed No. 013-Chapter 21584, dated September 12,
1946, to the City of Jacksonville, which conveyed "Unnumbered lot
36 feet wide lying between Lots B & C Wilson, Clarkson & Williams
Subdivision, an addition to Blocks 7, 8 James Subdivision Riverside.
The Staff recommended approval.
Upon motion by Mr. Dickinson, seconded and adopted without objec-
tion, the Trustees approved the application and authorized issuance
of an appropriate instrument for the price offered.
Upon motion duly adopted, the meeting was adjourned,
^^^
r^^^x c ^x .
GOVERNefR - ^ CHAIRMAN
ATTEST:
DIRECTOR - SECRETARY
9-13-66
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Tallahassee, Florida
September 20, 1966
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the Governor's Office, in the Capitol.
Present: Earl Faircloth Attorney General, Acting Chairman
Fred 0. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Doyle Conner Commissioner of Agriculture
James T. Williams Staff Member
GLADES COUNTY - File No. 1889-22-253.36. S. J. Strickland and wife,
abutting upland owners, offered $594.57 per acre, the price
approved by the Staff Appraiser, for purchase of a parcel of
reclaimed lake bottom land in Lake Okeechobee in Section 18, Town-
ship 40 South, Range 33 East, containing 1.28 acres landward of the
right of way for Levee L-49, in Glades County. Staff recommended
sale without advertising in accordance with the usual policy of
the Trustees for sale of reclaimed lake bottom lands to the
abutting upland owner.
Motion was made by Mr. Dickinson, seconded and adopted without
objection, that the Trustees authorize conveyance of the reclaimed
land to the abutting owner at the appraised price.
CITRUS COUNTY - File No. 1888-09-253.12. Moorhead Engineering
Company on behalf of Harbond, Inc., the abutting upland owner, made
application for purchase of land within the established bulkhead
line in Citrus County described as (1) 4 parcels of submerged land
in the Gulf of Mexico in Sections 19 and 30, Township 17 South,
Range 16 East, containing 145 acres appraised at $75.00 per acre
by the Staff Appraiser, and (2) 3 separate parcels of submerged
land in Crystal River in Section 10, Township 18 South, Range 16
East, containing 10 acres appraised by the Staff Appraiser at $100.00
per acre, comprising a total of 155 acres of submerged land in the
application.
Motion was made by Mr. Dickinson, seconded, and adopted without
objection, that the land applied for be advertised for objections
only.
The following two applications were presented from riparian owners
for purchase of submerged lands abutting their upland properties:
1. MONROE COUNTY - File No. 1897-44-253.12. Bailey-Mooney-Post
Associates, on behalf of the Coral Rock Company, Inc., offered
$250.00 per acre, value approved by the Staff Appraiser, for
purchase of a parcel of submerged land in the Straits of
Florida in Section 28, Township 60 South, Range 40 East, 5.47
acres at Key Largo in Monroe County.
2. MONROE COUNTY - File No. 1900-44-253.12. Bailey-Mooney-Post
Associates, for Whitney Bourne Atwood, offered $425.00 per
acre, the value approved by the Staff Appraiser, for a parcel
of submerged land in the Straits of Florida in Section 5,
Township 64 South, Range 37 East, 2.5 acres at Upper Matecumbe
Key in Monroe County.
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Upon motion by Mr. Dickinson, seconded and adopted without objection,
the Trustees authorized the land in the two applications to be
advertised for objections only.
COLLIER COUNTY - Bulkhead Line. The Staff recommended approval
of a bulkhead line established by the Board of County Commissioners
of Collier County by resolution dated January 4, 1966, located in
Sections 34 and 35, Township 49 South, Range 25 East, and in Sections
2, 11 and 14, Township 50 South, Range 25 East, in the Gordon River,
Rock Creek and Haldeman Creek in Collier County. The county fixed
the bulkhead line for the stated purpose of preventing filling of
the Gordon River and to protect the navigable waters. All required
exhibits were furnished, and there were no local objections.
Motion was made by Comptroller Dickinson, seconded and adopted
without objection, that the bulkhead line fixed by the Board of
County Commissioners of Collier County on January 4, 1966, be
fermally approved by the Trustees.
COLLIER COUNTY - Bulkhead Line. The Staff recommended approval of
bulkhead line established by the City Council of the City of Naples,
Florida, by Resolution No. 1171 adopted on January 19, 1966, located
in Section 34, Township 49 South, Range 25 East, and in Section 3,
Township 50 South, Range 25 East, along the Gordon River and Rock
Creek in Collier County. All required exhibits were furnished and
there were no local objections. This bulkhead line was said to
begin where the county-established line terminated.
Motion was made by Comptroller Dickinson, seconded and adopted
'v/ithouc objection, that the bulkhead lines fixed by the City of
Naples on January 19, 1966, be formally approved by the Trustees.
COLLIER COUNTY - Bulkhead Line. The Staff recommended approval of
bulkhead lines established by the City Council of the City of
Naples, Florida by Resolution No. 1215 adopted on July 20, 1966,
along the eastern shore of Naples Bay in Sections 15 and 22, Town-
ship 50 South, Range 25 East, Collier County. All required exhibits
were submitted and there were no local objections to the bulkhead
line.
Motion was made by Comptroller Dickinson, seconded and adopted
without objection, that the bulkhead lines fixed by the City of
Naples on July 20, 1955, be formally approved by the Trustees.
DUVAL COUNTY - On behalf of the United States of America, the
District Engineer, Jacksonville, Florida, applied for temporary
spoil area in the Atlantic Ocean abutting lands apparently owned
by the Trustees at Wards Bank in Township 1 South, Range 29 East,
northerly of the North Jetty of the St. Johns River, said area
being approximately 1500 by 2000 feet needed for the disposal of
spoil from maintenance work in the turning basin at Mayport Naval
Station. The easement would terminate September 30, 1967. Staff
recommended that the easement be granted.
Motion was made by Mr. Dickinson, seconded and adopted without
objection, that the Trustees grant to the United States the tempo-
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rary spoil easement requested.
INDIAN RIVER COUNTY - File No. 1898-31-253.12(1) Lloyd and Asso-
ciates, on behalf of Virginia G. W. Russell, et al, made application
for conveyance under the provisions of Section 253.12(1) Florida
Statutes, of a parcel of sovereignty land in Bethel Creek in Section
29, Township 32 South, Range 40 East, Indian River County, which
was filled subsequent to May 29, 1951, and prior to June 11, 1957,
containing 1.69 acres. The applicant offered the appraised value
of $200.00 per acre, being the value of the submerged land as it
existed prior to filling. The Staff recommended approval.
On motion by Mr. Dickinson, adopted without objection, the Trustees
authorized issuance of the instrument requested.
PALM BEACH COUNTY - File No. 1901-50-253.129. Upon motion by Mr.
Dickinson, duly adopted without objection, the Trustees authorized
issuance of disclaimer for handling charge of $10.00 to Herbert A.
Schriner under the provisions of Section 253.129 Florida Statutes,
for a parcel of sovereignty land containing 0.077 acre in Lake Boca
Raton in Section 29, Township 47 South, Range 43 East, Palm Beach
County, which was filled prior to June 11, 1957.
PALM BEACH COUNTY - File No. 1807-50-253.124. Motion was made by
Mr. Dickinson, seconded and adopted without objection, that the
Trustees formally approve the fill permit issued by the City Council
of the City of Boca Raton on August 30, 1966, under provisions of
Section 253.124 Florida Statutes, to the Arvida Corporation, to dredge
and fill within the 2.5 acre parcel of submerged land in Lake Boca
Raton in Section 29, Tov/nship 47 South, Range 43 East, conveyed by
the Trustees under the above file number.
FLAGLER COUNTY - Ocean Palm Country Club, Inc., made application
to obtain 8,000 cubic yards of fill material from the Intracoastal
VJaterway to improve upland property in Government Lots 4 and 5,
Section 30, Township 12 South, Range 32 East, Flagler County.
Florida Board of Conservation had no objection to issuance of the
permit. All required exhibits and payment for the fill material in
the amount of $400.00 were submitted.
Motion was made by Treasurer vJilliams, seconded and adopted without
objection, that the Trustees authorize issuance of permit to the
applicant for the amount of fill material requested.
OSCEOLA COUNTY - Alvin L. Hook, Sr . , made application for 500 cubic
yards of fill material from Lake Hinden (meandered as a part of East
Lake Tohopekaliga) in Osceola County to improve his upland property
in Lot 9 of Hendon Park in Section 8, Township 24 South, Range 31
East. All required exhibits and $25.00 for the material were sub-
mitted. The Florida Game anJ Fresh Water Fish Commission had no
objection to issuance of permit including the standard stipulations
as to dredging.
On motion by Mr. Conner, seconded and adopted without objection.
9-20-66
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the Trustees authorized issuance of permit to iMr . Hook for the
amount of fill material requested.
POLK COUNTY - Victor H. Sullivan applied for 500 cubic yards of
fill material from Lake Reedy in Polk County to improve his upland
property at 390 East Seventh Street in Frostproof, Florida. All
required exhibits and payment of $25.00 for the fill material were
submitted. The Florida Game and Fresh Water Fish Commission had
no objections to issuance of the permit with standard stipulations
as to dredging.
Motion was made by Mr. Dickinson, seconded and adopted, that the
Trustees authorize issuance of the requested permit.
TRUSTEES' FUNDS - Capitol Center. On July 20, 1965, in response
to request from the Commissioners of State Institutions, the Trus-
tees authorized expenditure of Trustees' funds in the sum of not
to exceed $20,000, for soil testing and borings at the site of the
J. Edwin Larson Building in the capitol center, said advance of
funds to be reimbursed upon issuance of the revenue certificates.
The Board of Commissioners' Staff informed the Trustees' office
that it was their intention to include in the request the author-
ization for payment of other expenses incident to the preliminary
planning for construction of the building, and requested payment
of $27.00 to cover advertising costs involved in request for bids
for the Larson Building. The expense appeared to be in order and
Trustees Staff requested authority to pay the $27.00, together
with other bills of similar nature conditioned upon the total
amount expended not to exceed the amount of $20,000 heretofore
authorized .
On motion by Mr. Williams, seconded and adopted without objection,
the Trustees agreed to allow payment of this and other bills of
similar nature conditioned upon the total amount not exceeding
the total amount of the loan, $20,000.00.
SUBJECTS UNDER CHAPTER 18296
Upon motion adopted without objection, the Trustees accepted and
approved Murphy Act Report No. 892 listing County of Broward Deed
No. 1339-Corrective to Geo. B. Cotton, issued in lieu of Broward
County Deed No. 1339 dated April 18, 1942, to the same grantee.
The corrective deed was to supply a more sufficient description
by adding Plat Book 6, Page 27, to the description of the land
conveyed .
On motion duly adopted, the meeting was adjourned.
ATTORNEY GENERAL - ACTING CHAI
ATTEST:
^J^.^^^.
STAFF MEMBER
9-20-66
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Tallahassee, Florida
September 27, 1966
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Haydon Burns Governor
Fred O. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Earl Faircloth Attorney General
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
On motion by Mr. Dickinson, duly adopted, the minutes of the
meetings of September 13 and 20, 1966, were approved.
BREVARD COUNTY - File No. 1877-05-253.12. On August 16, 1966, the
Trustees considered application from Ferdinand R. Montami, Trustee,
the abutting upland owner, with offer of $1,060.00 per acre, the
value approved by Staff Appraiser, for purchase of a parcel of sub-
merged land in the Indian River in Section 34, Township 27 South,
Range 37 East, 1.20 acres in the City of Melbourne landward of the
established bulkhead line, in Brevard County. Notice of sale was
published in the Melbourne Times, proof of publication filed and
no protest received.
Motion was made by Mr . Conner, seconded and adopted without objec-
tion, that sale of the advertised parcel be confirmed to the
riparian owner at the appraised price.
BREVARD COUNTY - File No. 1878-05-253.12. On August 16, 1966, the
Trustees considered application from John W. Garvy, Jr., and wife,
abutting upland owners, with offer of $1,060.00 per acre, the value
approved by Staff Appraiser, for purchase of two (2) parcels of
submerged land in the Indian River in Section 34, Township 27
South, Range 37 East, containing a total of 1.33 acres, more or less,
in the City of Melbourne landward of the established bulkhead line,
in Brevard County. Notice of sale was published in the Melbourne
Times, proof of publication filed.
Several objections were filed based on the expression of possibility
that the sale and filling of the area would detract from the objec-
tors' property or the scenic beauty of the river. Staff did not
agree that the sale within the established bulkhead line would be
detrimental to the area. Other sales had been made in the area within
the bulkhead line, which was considered a reasonable extension for
improvement of riparian property.
On motion by Mr. Conner, adopted without objection, the Trustees
overruled the objections and confirmed sale of the advertised land
to the applicant at the appraised price.
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DADE COUNTY - File No. 1880-13-253.12. On August 16, 1966, the
Trustees considered application from L. M. Lowry, abutting upland
owner, with offer of $4,655 per acre, approved by the Staff Apprais-
er, for purchase of a parcel of submerged land in Biscayne Bay
abutting uplands in Section 40, Township 54 South, Range 41 East,
City of Miami, Dade County, lying southeasterly of and abutting
Lot 69, Block B of Flagler Subdivision as recorded in Plat Book 5
at Page 44, Public Records of Dade County, containing 0.47 acre,
more or less, landward of the established bulkhead line. Notice
of sale was published in the Miami Review, proof of publication
filed and no objections received.
On motion by Mr. Conner, adopted without objection, the Trustees
confirmed sale of the advertised parcel to the riparian owner at
the appraised price.
MONROE COUNTY - File No. 1874-44-253.12. On August 16, 1966, the
Trustees considered application from V7hitney Bourne Atv;ood, the
abutting upland owner, with offer of $425.00 per acre, approved by
the Staff Appraiser, for purchase of a parcel of submerged land in
the Straits of Florida in Section 28, Tov;nship 63 South, Range 37
East, Upper Matecumbe Key, containing 0.67 acre in Monroe County.
Notice of sale was published in the Key -Vest Citizen, proof of
publication filed and no objection received.
On motion by Mr. Dickinson, adopted without objection, the Trustees
confirmed sale of the advertised parcel to the riparian owner at
the appraised price.
MONROE COUNTY - File No. 1375-44-253.12. On August 16, 1966, the
Trustees considered application from Robert C. Hunter, abutting
upland owner, with offer of $425.00 per acre, approved by Staff
Appraiser, for purchase of a parcel of submerged land in the Bay
of Florida in Section 28, Tovmship 63 South, Range 37 East, con-
taining 0.35 acre, more or less, at Upper Matecumbe Key in Monroe
County. Notice of sale was published in the Key V\'est Citizen,
proof of publication filed and no objection received.
On motion by Mr. Dickinson, adopted without objection, the Trustees
confirmed sale of the advertised parcel to the riparian owner at
the appraised price.
MONROE COUNTY - File No. 1876-44-253.12. On August 16, 1966, the
Trustees considered application from Whitney Bourne Atv/ood, abut-
ting upland owner, with offer of $300.00 per acre, approved by
Staff Appraiser, for a parcel of submerged land in the Bay of
Florida in Section 18, Township 63 South, Range 38 East, containing
0.39 acre, more or less, at Plantation Key, Monroe County. Notice
of sale was published in the Key West Citizen, proof of publication
filed and no objection received.
On motion by Mr. Faircloth, seconded by Mr. Dickinson and adopted,
without objection, the Trustees confirmed sale of the advertised
parcel to the riparian owner at the appraised price.
MONROE COUNTY - File No. 1757-44-253.12. On the advertised sale
date, January 25, 1966, objections were reported and the Trustees
deferred action pendinj receipt of further information with
respect to an application from Paul M. Kirby, abutting upland
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owner, with offer of $425.00 per acre for purchase of a parcel of
submerged land in Blackwater Sound in Section 14, Township 61 South,
Range 3 9 East, containing 4.49 acres, more or less, at Key Largo
in Monroe County.
The objections offered by abutting upland owners were withdrawn
after certain concessions were made by the applicant, including a
realignment of the east line of the parcel sought for purchase,
without changing the acreage applied for, and the maintenance of
access streets. Also, Monroe County recommended approval of the
sale. Staff recommended confirmation of the sale on this date.
Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and
adopted without objection, that sale of the 4.49 acres of sub-
merged land be confirmed in favor of the abutting upland owner at
the price offered.
PINELLAS COUNTY - File No. 1881-52-253.12. Morris J. LeVine, and
wife, abutting upland owners, offered $500.00 per acre, the value
approved by Staff Appraiser, for purchase of a parcel of sovereignty
land in Boca Ciega Bay in Section 13, Township 31 South, Range 15
East, containing 0.252 acre, more or less, in the City of St.
Petersburg landward of the established bulkhead line, in Pinellas
County.
Pinellas County Water and Navigation Control Authority advertised
the application and approved the sale in regular meeting on August
16, 1966, no objections having been presented. Staff recommended
confirmation of the sale.
Motion was made by Mr. Dickinson, and adopted without objection,
that the Trustees confirm sale of the advertised parcel to the
riparian owners at $500.00 per acre.
BROiVARD COUNTY - File No. 1387-06-253.12. An application was pre-
sented from W. D. Horvitz, President of Hollywood, Inc., the abutting
upland owner, with offer of $3 50.00 per acre, value approved by the
Staff Appraiser, for purchase of a parcel of submerged land in New
River Sound in Section 25, Township 50 South, Range 42 East,
containing 44.1 acres, more or less, in Broward County.
Hollywood, Inc., v/as the upland owner on the west side of Nev/ River
Sound in the South 1/2 of Section 25 and the owner of uplands on both
sides in the North 1/2 of said section. After relocation of the
Intracoastal Waterway, that portion of New River Sound in said Sec-
tion 2 5 had become an unused body of water. Various storms and
other natural causes caused the Sound to become non-navigable and
restricted in width. In 1951 the Trustees authorized the conveyance
of the easterly one-half of the remnant of the Sound in the South 1/2
of said Section 25 to the various owners of upland lots in Seabreeze
Estates Subdivisions. Therefore for this application, sale and
development of the bottoms did not require a bulkhead line under
Section 253.122, Florida Statutes. Staff recommended advertisement
for objections only.
Mr. Broward Williams asked that the Trustees defer action pending
further review of the application. He had received request from
Officials of Broward County that the area be checked with a view
toward possible use for park purposes.
Governor Burns asked that the application be deferred for a week.
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and Mr. Williams asked that information be furnished to the
county .
It was so ordered.
BROWARD COUNTY - File No. 1844-06-253.12. Irving H. Zuckerman,
the attorney for Royal State Investment Corp., the applicant
recorded in Trustees File No. 1844-06-253.12, by error received
and paid the invoice from the newspaper for the cost of advertis-
ing the sale of two parcels of submerged land. Staff requested
authorization to issue warrant in the amount of $47.70 to Mr .
Zuckerman to reimburse him for said cost-
Motion was made by Mr. Faircloth, seconded and adopted without
objection, that refund be issued.
FLAGLER COUNTY - The Florida Board of Parks and Historic Memorials
requested concurrence in the execution of an easement over park
property granted by that Board to the Board of County Commissioners
of Flagler County for the purpose of construction of a public road.
The right of way easement instrument was approved by the Attorney
General and the Trustees' Staff recommended approval of the request.
Motion was made by Mr. Dickinson, seconded and approved without
objection, that the Trustees concur in the execution of the ease-
ment instrument in accordance with the provisions of Section
58y.l0 Florida Statutes.
LAKE COUNTY - W. F. Lasater applied for permission to remove 500
cubic yards of fill material from Lake Gertrude in Lake County to
be placed on his upland property at Block llA, Sylvan Shores. The
proposed work was approved by the Florida Game and Fresh Water
Fish commission provided standard stipulations were included in
the permit. All required exhibits, including payment for the
material in the amount of $25.00, were, submitted and Staff recom-
mended approval.
On motion by Mr. Williams, seconded by Mr. Dickinson and adopted
without objection, the Trustees authorized issuance of permit for
removal of the requested fill material.
PALM BEACH COUNTY - File Nos. 471, 1861 and 1862-50-253.124. On
motion by Mr. Dickinson, adopted without objection, the Trustees
formally approved the fill permit issued by the City Commission
of the City of West Palm Beach in meeting August 15, 1966, under
the provisions of Section 253.124 Florida Statutes, to W. C.
Regelmann, Willard Utley and Kenneth Foster, to fill the three
parcels of submerged land in Lake Worth in Section 3, Township
43 South, Range 43 East, conveyed by the Trustees under the
referenced file numbers.
PALM BEACH COUNTY - The Division of Corrections requested permis-
sion to utilize spoil material that is in excess of Levee L-12
(West Palm Canal) design requirements in Section 16, Township 43
South, Range 39 East, Palm Beach County (title in the State Board
of Education) and Sections 21 and 22, Township 43 South, Range 39
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East (title in Trustees of Internal Improvement Fund) , to be used
to improve and maintain access roads and levee in State Project
No. 1 at 20 Mile Bend. The Central and Southern Florida Flood
control District declared the material surplus and agreed to the
removal subject to authority being granted by the Bonrd of Educa-
tion and Trustees for such use.
On this date the State Board of Education granted permission with
respect to land in Section 16, and upon motion by Mr. Dickinson,
adopted without objection, the Trustees approved the request of
the Division of Corrections to use the excess spoil material on
lands in Sections 21 and 22, Township 43 South, Range 39 East,
Palm Beach County, removal of the material to proceed under the
supervision of the Central and Southern Florida Flood Control
District.
PALM BEACH COUNTY - The City Council of the City of Pahokee in Palm
Beach County, Florida, on September 19, 1966, adopted Resolution No.
31-66 requesting the Trustees to allow a moratorium for two years
of the annual payments due for 1966 and 1967 on the loan of
$200,000.00 made by the Trustees on March 29, 1955, to the city
for the purpose of constructing a breakwater facility in Lake Okee-
chobee. The city in the loan agreement should repay the loan on
the basis of $10,000 per year, each payment due and payable on or
before December 1 of each year, and the city had repaid $10C,000 of
the loan amount. Resolution No. 31-66 obligated the city to resume
payment of $10,000 per year commencing with the year 1968.
As justification for the moratorium, the city stated that it had
obligated itself to contribute the sum of $21,900 for development of
a state park on the waterfront of Lake Okeechobee within the city
limits. Another factor was the action of the Port of Palm Beach in
refusing to extend their participation in the amount of $5,000 per
year for repayment of the loan. Trustees' Staff reviewed the
request and recommended approval conditioned upon the city resuming
payments commencing with the payment due on December 1, 1968.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted without objection, that the Trustees grant the request for
moratorium of payments for the years 1966 and 1967, conditioned
upon the city resuming payments of $10,000 per year beginning with
the payment due December 1, 1968.
PINELLAS COUNTY - The City of Treasure Island by Resolution of the
City Commission adopted on September 15, 1966, requested permission
to extend the existing shoreline along the Gulf of Mexico within the
corporate limits of the city for a linear distance of approximately
1.7 miles along the beach. The extension or widening would be a
cooperative project with the United States in accordance with
detailed studies published by the U. S. Army Corps of Engineers in
January of 1966. Severe erosion existed along the gulf beach front-
age of the City of Treasure Island, and the program of artificial
nourishment would create a public beach approximately 150 to 200 feet
in width by the filling of presently submerged lands adjacent to the
present existing beach.
All but one of the riparian upland owners involved had consented to
the project as provided in Section 253.126 Florida Statutes. In the
case of the one refusal, the City Commission had resolved to nego-
tiate purchase of the subject upland, or in the alternative to
proceed to condemnation. The Staff recommended approval, conditioned
9-27-66
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upon the final disposition of the one objection.
Mayor Julian Fant, Commissioner A. K. Weckesser, City Attorney
Robert Holman and City Manager David M. kVilkison were present on
behalf of the City of Treasure Island.
Mr. Dickinson said that since there was only one objector, and
the city was trying to improve the beaches damaged by erosion, he
thought the Trustees should back up their efforts.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the Trustees grant permission for the
City of Treasure Island beach nourishment project, conditioned
upon the final disposition of the objection by one upland owner.
PINELLAS COUNTY - Motion was made by Mr. Williams, seconded and
adopted without objection, that the Trustees grant approval of the
application submitted by Pinellas County Water and Navigation Con-
trol Authority on behalf of Dolphin Properties, Inc., for a state
commercial dock permit for construction of five piers at appli-
cant's property on Boca Ciega Bay in Section 6, Township 32 South,
Range 16 East, Pinellas County, for which all required exhibits and
$100.00 processing fee v/ere received.
SUBJECTS UNDER CHAPTER 182 96
Motion was made by f 4r . Dickinson, seconded and adopted, that Report
No. 093 listing 1 regular bid for sale of land in Jefferson County
under provisions of Chapter 182 96, Acts of 193 7, the Murphy 7-iCt,
be approved and execution of deed pertaining thereto be authorized.
CITRUS COUNTY - The State Road Department requested easement for
construction and maintenance of State Road No. S-44 over Murphy
Act land v/hich was certified to the State of Florida under tax
sale certificate No. 528 of 1934, described as part of Government
Lot 5 in Section 14, Township 18 South, Range 16 East, and the
project v/as identified by the Road Department as Parcel No. 103.2,
Section No. 02620-2601. Staff recommended approval.
Upon motion made by Mr. Williams, seconded and adopted without
objection, the Trustees authorized issuance of the easement
requested by the State Road Department over land needed in connec-
tion with the state road in Citrus County.
HILLSBOROUGH COUNTY - On motion made by Mr. Williams, seconded by
Mr. Dickinson, and adopted without objection, the Trustees
authorized issuance of refund in the amount of $10.00 to Real
Estate Title Company for the reason that the State Road Department
did not recommend release of the road right of way reservation
contained in Hillsborough County Murphy Act Deed No. 3923, and
the application for v/hich the ten dollar fee was submitted was
not granted.
On motion duly adopted, the meeting was adjourned,
9-27-66
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.= C^^.^e./^J^
ATTEST: _
DIRECTOR - SECRETARY
HAIRMAN
Tallahassee, Florida
October 4, 1966
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Haydon Burns Governor
Fred O. Dickinson, Jr. Comptroller
Broward VJilliams Treasurer
Robert C. Parker Director
BRO'.VARD COUN TY - File No. 1387-06-253.12. On September 27, 1966,
the Trustees deferred action for a week on the application from
/7. D. Horvitz, President of Hollywood, Inc., the abutting upland
ov;ner, for a parcel of submerged land in New River Sound in Section
25, Township 50 South, Range 42 East, 44.1 acres, more or less, in
Broward County. The applicant offered $350.00 per acre, the value
approved by the Staff Appraiser, for a deed which would clear the
title.
,The State Treasurer had heard nothing further from the local
interests and suggested deferment for another week. He thought
interested parties should get together in Brov/ard County on any plan;
for use and development o^' the land.
The Director shov;ed a map of the area and said he was under the
impression that the applicant had contacted the county officials
and cleared up any questions when it was listed on the agenda.
Motion v;as made by Mr. Governor, and adopted without objection,
that the application be deferred for another week.
The following five (5) applications were presented from riparian
owners for purchase of submerged lands abutting their upland
properties:
1. I4ANATBE COUNTY - File No. 1902-41-253.12. VJilliam C. Strode
on behalf of Jerome V. Ansel, abutting upland owner, offered
$700.00 per acre, the value reported by the Staff Appraiser,
for purchase of a parcel of submerged land in Sarasota Bay in
Section 25, Township 35 South, Range 16 East, containing 6.4
acres landward of the established bulkhead line in the Town
of Longboat Key in Manatee County.
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2. MONROE COUNTY - File No. 1883-44-253.12. Jack M. Phillips
on behalf of Rudolph M. Wylk and wife, the abutting upland
owners, offered $425.00 per acre, price approved by Staff
Appraiser, for a parcel of submerged land in Cow Key Channel
in Section 35, Township 67 South, Range 25 East, containing
0.50 acre at Stock Island in Monroe County.
3. MONROE COUNTY - File No. 1904-44-253.12. Jack M. Phillips
on behalf of Arthur B. Lujan and wife, the abutting upland
owners, offered $300.00 per acre, price approved by Staff
Appraiser, for a tract of submerged land in the Bay of
Florida in Section 26, Township 67 South, Range 25 East,
containing 62.09 acres at Raccoon Key in Monroe County.
4. MONROE COUNTY - File No. 1907-44-253.12. Bailey-Mooney-Post
Associates on behalf of Robert R. Soellner and wife, abutting
upland owners, offered $300.00 per acre, price approved by
Staff Appraiser, for a parcel of submerged land in the Bay
of Florida in Section 6, Township 62 South, Range 39 East,
containing 0.79 acre at Key Largo in Monroe County.
5. MONROE COUNTY - File No. 1906-44-253.12. Bailey-Mooney-Post
Associates on behalf of Joseph B. Albury and wife, abutting
upland owners, offered $300.00 per acre, price approved by
Staff Appraiser, for a parcel of submerged land in the Straits
of Florida in Section 6, Township 62 South, Range 39 East,
containing 0.93 acre at Key Largo in Monroe County.
Motion v.'as made by Mr. Dickinson, seconded and adopted without
objection, that the land in the above five applications be adver-
tised for objections only.
DADE COUNTY - File No. 1909-13-253.12. The City of Miami Beach on
behalf of twenty-five (25) abutting upland owners offered $1,000.00
per acre, or $100.00 minimum charge per deed, for twenty-five (25)
parcels of submerged land in Indian Creek in Section 14, Township
53 South, Range 42 East, landward of the established bulkhead line >
in the City of Miami Beach, Dade County, comprising 5.19 acres, mdre
or less. The application was a continuation of the project for
widening Collins Avenue, and involved widening to a point opposite
the north line of Tract 3 of The Bath Club.
On November 30, 1965, the Trustees approved the street-widening
project in principle and the realignment of Collins Avenue as devel-
oped and submitted by the State Road Department and the City of
Miami Beach. The Staff recommended advertisement of the parcels of
submerged land in Indian Creek for objections only.
On motion by Mr. Dickinson, adopted without objection, the Trustees
authorized advertisement of the land for objections only.
BREVARD COUNTY - File No. 1539-05-253.12. J. Lewis Hall, Jr., on
behalf of Kenneth t.. E. Albury, Bayview Development Corp., and
Robert B. McGregor, as Trustee, requested the Trustees to cancel
Contract No. 23829 (1539-05) covering the purchase of 17.94 acres
of submerged land in the Banana River, and to issue deed for 7.77
acres of the whole. The remaining 10.17 acres would be the subject
of a new purchase contract issued under the standard policy of the
Trustees. Ample funds had been paid to cover consideration for deed
of the 7.77 acres and to cover B5^ of the down payment for the new
10-4-66
69 -
contract. Staff recommended approval.
The Director said that purchasers under contract terms paid 6%
interest. He understood that the total amount would be paid in a
few months in this case.
Upon motion by Mr. Dickinson, adopted without objection, the Trustees
approved the requested procedure.
BREVARD COUNTY - File No. 1539-05-253.124. Upon motion by Mr.
Dickinson, seconded and adopted without objection, the Trustees
formally approved the fill permit issued by the City of Cocoa Beach
on September 21, 1966, under the provisions of Section 253.124 Florida
Statutes, to Bayview Development Corporation and Robert B. McGregor
to fill the submerged lands being conveyed by the Trustees under the
referenced file number.
GLADES COUNTY - On June 28, 1966, the Trustees authorized issuance
of an agricultural lease. No. 2207, to U. S. Sugar Corporation
covering a 96.65 acre tract of reclaimed lake bottom land in Lake
Okeechobee in Section 22, Township 42 South, Range 33 East, Glades
County. Lease dated August 5, 1966, was issued v/ith annual rental
of $20.00 per acre ($1,933.00 per year). The property was approxi-
mately 3*2 miles southeast from Moore Haven on State Road 720.
U. S. Sugar could not go into possession due to the former lessee,
James E. Wiggins, still residing on the tract in a mobile home and
maintaining a large number of cattle and horses on the property.
The former lease. No. 1843, v/as cancelled for nonpayment of rent, and
letter directed by certified mail to Mr. Wiggins on September 14,
1956, was returned marked "unclaimed." The new lessee desired to
enter the property to plant sugarcane, which could not be done with
livestock, mobile home and other items owned by Mr. Wiggins remain-
ing on the tract.
On motion by Mr. Dickinson, seconded and adopted without objection,
the Trustees authorized the Attorney General to take necessary action
to eject the former lessee and effect removal of his property from
the premises .
HIGHLAIg'DS AND OKEECHOBEE COUNTIES - In meetings of September 10, 1963,
and July 7, 1964, the Trustees, at the request of the Central and
Southern Florida Flood Control District, authorized temporary spoil
easements necessary in connection with the construction of Canal
C-38 (Kissimmee River) Section 3, over areas title to which was in
the Trustees in Sections 5, 6 and 8, Township 36 South, Range 33 East,
and Section 1, Township 36 South, Range 32 East, in Highlands and
Okeechobee Counties. The easements would terminate December 31,1966,
but construction v;as behind schedule and the District requested
extension of the easements to December 31, 1967.
Upon motion adopted without objection, the Trustees granted the
request of Central and Southern Florida Flood Control District.
MARTIN COUNTY - File No. 21172-43-253.124. On motion by Mr. Dickin-
son, adopted without objection, the Trustees formally approved the
fill permit issued to Calvin H. O'Brien by the Board of County
10-4-66
- 70 -
Commissioners of Martin County on September 27, 1966, under provi-
sions of Section 253.124 Florida Statutes, to fill a part of the
parcel of submerged land in Section 14, Tov/nship 37 Soutli, Range
41 East, Martin County, conveyed by the Trustc-es under the
referenced file number.
MARTIN COUNTY - Calvin H. O'Brien made application to purchase
28,600 cubic yards of fill material from the Indian River in Section
14, Township 37 South, Range 41 East, Martin County, to deposit on
low uplands adjacent to submerged lands conveyed by the Trustees
under File No. 21172-43-253.12. Remittance in the amount of
$1,158.00 was received to cover the cost of fill material at the
standard yardage rates.
Motion was made by the Comptroller, seconded and adopted v/ithout
objection, that the application be approved.
PAU-l BEACH COUNTY - File No. 1680-50-253.124. Upon motion adopted
without objection, the Trustees formally approved the fill permit
issued by the Town of Palm Beach under the provisions of Section
253.124 Florida Statutes to Palm ileach Inns, Inc., to fill the 0.17
acre parcel of submerged land in Lake worth in Section 23, Township
44 South, Range 43 East, Palm Beach County, v/hich v/as conveyed by
the Trustees under the referenced file number.
PINELLAS COUNTY - Application v/as made by H. H. Baskin and Leo M.
Butler on behalf of tv/enty upland ovmers in Mandalay Subdivision
in Clearwater Beach in Section 32, Township 28 South, Range 15
East, Pinellas County, for ex parte disclaimer for approximately
16 acres of accretion attached to their upland property. In the
early 1940 's, the various lot owners bore the expense, individually
and collectively, of the installation of groins necessary for the
protection of their properties. Those groins v;ere effective in
naturally trapping materials that have created and restored the
beach. Staff recommended ex parte disclaimer be authorized for
$10.00 handling charge.
The Director advised the Trustees that the matter was being dis-
cussed with the Division of Beaches and Shores of the Board of Con-
servation, v/hich had expressed different viev/s with respect to
disposition of the 16 acres of accretion. A conference was being
arranged for further explanation to the Division of Beaches and
Shores staff.
Upon motion adopted without objection, the Trustees approved
issuance of ex parte disclaimer subject to review and approval by
the Division of Beaclies and Shores and the oi:fice of the Attorney
General.
POLK COUNTY - Sherwood L. Stokes, Attorney at Law, on behalf of
Haines City Drainage District No. 1, submitted recommendation that
the Trustees, as the Board of Drainage Commissioners of the State
of Florida under provisions of Section 298.12, Florida Statutes,
appoint Jess V. Smith to succeed himself as supervisor of the
District for a three-yes^r term. A meeting of landowners in the
district, duly advertised and held on /vugust 9, 1966, and continued
10-4-66
- 71 -
on August 12, 1966, for the purpose of electing officers, resulted
in lack of sufficient representation of a majority of the acreage
in the district and no legal election could be had. The landowners
present instructed Mr. Stokes, attorney for the Board of Supervisors
and the District, to recommend that Jess V. Smith be reappointed.
Staff recommended approval.
Motion was made by Comptroller Dickinson, seconded and adopted
without objection, that the Trustees, in their official capacity as
the Board of Drainage Commissioners of the State of Florida,
appoint Mr. Smith to succeed himself for a three-year term as
Supervisor of Haines City Drainage District No. 1.
POLK COUNTY - G. W. Stewart submitted an application for a permit
to dredge material in Lake Reedy to restore his beach lost by avul-
sion. His upland property in Section 28, Township 31 South, Range
28 East, in Polk County, was east of the Town of Frostproof. In
1958 he obtained a permit to fill the low upland, and he reported
that Hurricane Donna had washed this area av/ay. Since the land was
lost by avulsion, the Staff recommended approval for restoration of
the area to its previous state. The Game and Fresh Water Fish
Commission recommended denial of the permit, reporting that the
fill area was covered with aquatic vegetation.
Upon motion adopted without objection, the Trustees accepted the
Staff recommendation and authorized issuance of permit to Mr.
Stewart to dredge material to restore his upland lost by avulsion
upon payment of the minimum amount, $25.00, for 500 cubic yards.
ST. JOHNS COUNTY - Upon motion by Mr. Dickinson, seconded and
adopted, the Trustees granted request of the State Road Department
for dedication, for road right of way purposes, of submerged land
in the San Sebastian River in Section 12, Township 7 South, Range
29 East, and Sections 44 and 57, Township 7 South, Range 30 East,
necessary in the construction of State Road Wo. 16, Section 78060-
2506, in St. Johns County.
SARASOTA COUNTY - The West Coast Inland Navigation District requested
perpetual easement for additional right of v/ay for the Intracoastal
V'Jaterv/ay in Little Sarasota Bay in Section 18, Township 37 South,
Range 18 East, Sarasota County, the 0.77 acre addition being
required for the relocation of the channel as part of the Stickney
Point Bridge project.
Motion v;as made by Mr. Dickinson, seconded and duly adopted, that
the Trustees grant request of the District for perpetual easement
for right of way over the parcel described.
VOLUSIA COUNTY - FUe No. 1903-64-253.12(1) David L. Black on behalf
of Horace D. Riegle and wife, applied for conveyance under the pro-
visions of Section 253.12(1) Florida Statutes, of a parcel of
sovereignty land in the Halifax River in Section 23, Township 14
South, Range 32 East, containing 0.23 acre, filled subsequent to
May 29, 1951, and prior to June 11, 1957. The applicant offered
the appraised value of $200.00 per acre, or $46.00, being the value
10-4-66
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of the submerged land as it existed prior to filling. The Staff
recoiranended approval.
Motion was made by Mr. Dickinson, seconded and adopted without
objection, that the Trustees authorize issuance of the instrument
requested for $46.00.
TRUSTEES FUNDS - Leon County. The State Board of Conservation was
renting space in a warehouse in Tallahassee, owned by the 1125
Corporation, a Florida corporation, for which they had an option
to purchase improvements and real property for the purchase price
of $12,500.00. Director Randolph Hodges advised the Staff that the
Board of Conservation had no legislative authorization in their
budget for this biennium with which to make such a capital outlay,
and requested the Trustees to purchase the property and enter into
a lease purchase contract between the Board of Conservation and
the Trustees payable $300-00 per month plus interest at 3^ per
annum on the unpaid balance, with a provision whereby the Board of
Conservation could pay off the entire balance due at any time during
the period of the contract without penalty.
Staff reviewed the request and recommended that the Trustees pur-
chase the property in question and enter into the lease purchase
contract with the Board of Conservation on the terms and conditions
as outlined.
On motion by Mr. Dickinson, adopted without objection, the Trustees
authorized purchase of the warehouse property for $12,500.00, to
be repaid by the Board of Conservation under the terms and condi-
tions as outlined above for inclusion in a lease purchase contract
between the Trustees and the Board of Conservation.
TRUSTEES FUNDS - Request was presented for expenditure of funds of
the Trustees in the amount of $19,820.00 for construction of a new
greenhouse at the Governor's Mansion. The Director said that Terry
Lee, Coordinator for the Board of Commissioners of State Institu-
tions, could explain the project in detail.
Upon motion by Mr. Dickinson, seconded and adopted without
objection, the Trustees authorized expenditure of $19,820.00 from
the Internal Improvement Fund for the purpose requested.
MINUTES OF THE TRUSTEES - Printing. Pursuant to authorization on
September 13, 1966, the invitation for bids for printing the minutes
of the Trustees for the period from July 1, 1964, through June, 1966,
was duly advertised and the following bids were received for print-
ing and binding 150 copies of Volume 35:
St. Petersburg Printing Co., Inc.,
St. Petersburg, Florida
Rose Printing Co., Tallahassee, Fla .
Precision Printing Co., Inc.,
Tallahassee, Fla.
Dixie Printing Co., Tallahassee, Fla,
Motion was made by Mr. Dickinson, seconded and adopted without
objection, that the Trustees award the bid to St. Petersburg
Printing Co., Inc., the low bidder.
Per Page
Est. Total
$6.75
$4,050.00
6.90
4, 140.00
7.35
4,410.00
10.15
10-4-66
- 73 -
SUBJECTS UNDER CHAPTER 18296
SUMTER COUNTY - Florida Power Corporation, 3t. Petersburg, Florida,
madG application for a permit to erect, operate and maintain
electric transmission lines across land which v/as certified to
the iitate of Florida under tax sale certificate Nos. S'i? of 1930
and 3678 of 1933 under Chapter 18296, Acts of 1937, the Murphy Act,
described as the NE^ of NW^, less 7^ acres to John Alibrandi,
Section 24, Township 19 South, Range 23 East, Sumter County. Stafc
recommended approval for $60.00 charge.
Motion was made by Mr. Dickinson, seconded and adopted without
objection, that the Trustees authorize issuance of permit to
Florida Power Corporation, St. Petersburg, Florida, for the purpose
requested upon receipt of payment of $60.00.
Upon motion duly adopted, the meeting was adjourned.
CHAIRMAN
ATTEST:
C^^^C^.i^.,^
DIRECTOR
SECRETARY
10-4-66
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Tallahassee, Florida
October 11, 1966
The Trustees of the Internal Improvement Fund met on this date
in the Board Room of the office of the Governor, in the Capitol.
Present: Haydon Burns Governor
Fred 0. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Earl Faircloth Attorney General
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
On motion adopted without objection, the Trustees approved the
minutes of the meetings of September 27 and October 4, 1966.
VOLUSIA COUNTY - File No. 1885-64-253.12. On September 6, 1966,
the Trustees authorized advertisement for objections only of a
parcel of submerged land containing 2.6 acres in the Halifax River
in Section 13, Township 16 South, Range 33 East, for which $200.00
per acre was offered by David L. Black on behalf of the Florida
Bank and Trust Company as Trustee, abutting upland owner. Notice
of sale was published in the News Journal, Daytona Beach, Florida,
proof of publication filed. Notice by certified mail was fur-
nished to five owners whose names were furnished by the Tax
Assessor of Volusia County as being the riparian owners within
1000 feet of the application area.
The Board of County Commissioners authorized protest filed
because "it is felt the contemplated sale would be adverse to
public or private rights of other property owners within the
immediate area." Pending further study by the County Commis-
sioners, the Staff recommended deferment.
Motion was made by Mr. Conner, seconded by Mr. Dickinson and
adopted unaniihously, that action on the sale be deferred.
VOLUSIA COUNTY - File No. 1882-64-253.12. On August 30, 1966, the
Trustees considered application from Harold J. Heilman and wife,
abutting upland owners, who offered $372.00 per acre or $100.00
minimum, approved by the Staff Appraiser, for purchase of a parcel
of submerged land containing 0.09 acre, more or less, in the Indian
River North in Section 2, Township 18 South, Range 34 East, in
the City of Edgewater, Volusia County, landward of the established
bulkhead line. Notice of sale was published in the New Smyrna
Beach News, proof of publication filed, and no protest received.
On motion by Mr. Dickinson, seconded and adopted without objection,
the Trustees confirmed sale of the advertised parcel to the
riparian owners for $100.00, the minimum amount.
BROWARD COUNTY - File No. 1387-06-253.12. On September 27 and
October 4, 1966, the Trustees deferred action on the application
from W. D. Horvitz, President of Hollywood, Inc., abutting upland
owner, for purchase of a parcel of submerged land in New River
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- 75 -
Sound in Section 25, Township 50 South, Range 42 East, containing
44.1 acres, more or less, in Broward County. The applicant offered
$350.00 per acre, approved by Staff Appraiser.
The Director said that the Staff v/as in position to recommend
that the land be advertised for objections only.
Motion was made by Mr. Dickinson, seconded and adopted without
objection, that the land be advertised for objections only.
CHARLOTTE COUNTY - File No. 1806-08-253.12. Roberts, VVatson,
Taylor and Friday, on behalf of Harvey L. Hobbs, abutting upland
owner, made application for a tract of submerged land in Charlotte
Harbor in Sections 25 and 36, Township 42 South, Range 22 East,
and in Section 30, Township 42 South, Range 23 East, containing
245.77 acres landward of the established bulkhead line in Charlotte
County. Applicant offered $151.22 per acre, the value reported
by the Staff Appraiser.
The Board of Conservation reviewed the application and recognized
the inaccuracy of the original government survey. The navigation
channels that would be constructed to provide access to the areas
to be developed would be reduced to 100 feet, the maximum width
recommended by the Board of Conservation.
On motion by Mr. Dickinson, seconded and duly adopted, the Trustees
authorized advertisement of the parcel for objections only.
MONROE COUNTY - File No. 1914-44-253.12. The District Engineer,
Jacksonville District, on behalf of the United States of America,
offered $225.00 per acre, value approved by Staff Appraiser, or
$100.00 minimum, for two separate parcels of submerged land in the
Bay of Florida in Section 22, Township 67 South, Range 26 East,
comprising 0.40 acre, more or less, at Big Coppitt Key in Monroe
County.
On motion by Mr. Dickinson, seconded and duly adopted, the Trustees
authorized advertisement of the parcel for objections only.
DADE COUNTY - Lancelot Associates made application for a state
permit for construction of a dock in Biscayne Bay at the applicant's
upland property at 10350 West Bay Harbor Drive, Bay Harbor .Islands,
in Dade County. All required exhibits, including $100.00 processing
fee, were submitted and the Staff recommended approval.
Motion was made by Mr. Dickinson, seconded by Mr. Conner and adopted
unanimously, that state dock permit be issued.
ESCAJIBIA COUNTY - The Florida Board of Forestry, by State Forester
C. H. Coulter, submitted a formal request that the Trustees and the
Governor concur, in accordance with provisions of Chapter 589.10
Florida Statutes, in execution of a deed by the Florida Board of
Forestry to Four Star Enterprises, Inc., purchaser of a fire tower
site in Escambia County declared as surplus. After inquiry it
was learned that no other county or state agency had indicated a
need for the property, which was appraised, advertised for sale,
and the Forestry Board approved the highest bid of $12,036.60.
10-11-66
- 76 -
Motion was made by Mr. Dickinson, and adopted unanimously, that
the Trustees and the Governor concur in execution of the deed
which had been executed by the Florida Board of Forestry to Four
Star Enterprises, inc., the high bidder for the surplus fire
tower site.
HILLSBOROUGH COUNTY - File No. 1600-29-253.124. Upon motion adopted
without objection, the Trustees formally approved the fill permit
issued by the Board of County Commissioners of Hillsborough County
on September 21, 1966, under the provisions of Section 253.124
Florida Statutes, to Elsberry Development Corporation, to fill the
228.0 acre tract of submerged land in Tampa Bay in Sections 9 and
10, Township 31 South, Range 19 East, conveyed by the Trustees under
the referenced file number.
LEE COUNTY - Motion was made by Mr. Conner, seconded and adopted
without objection, that the Trustees grant the request of the State
Road Department for dedication, for road right of way purposes, of
submerged land in Matlacha Pass in Section 24, Township 44 South,
Range 22 East, necessary for the construction of State Road No. 78,
Section 12060-2504, in Lee County.
MONROE COUNTY - Alonzo Cothron applied for commercial sand lease
permitting removal of fill material from 41.3 acres of submerged
land southwest of Lower Matecumbe Key, and to permit re-establish-
ment of a stockpile site adjacent to the right of way of State Road
No. 5, being the same areas formerly leased to the applicant in
Lease No. 1278, lying in Section 29, Township 64 South, Range 36
East, in Monroe County. The Board of Conservation waived objection
to the proposed dredging area and the State Road Department had no
objection to the stockpile area.
Staff recommended issuance of three-year lease with a fixed monthly
rental of $25.00 in lieu of a minimum royalty per month, and bond
in the amount of $2,000.00 and provision allowing cancellation after
90 days' notice. Payment of royalty at the rate of 15<:: per cubic
yard would be due and payable following each dredging operation
which v/ould occur one or two times a year. The amount of material
dredged would be ascertained by a professional engineer acceptable
to the Trustees who was qualified to make such determination, and
who shall be retained at the lessee's expense.
Upon motion duly adopted, the Trustees approved the recommendations
as the action of the Board.
VOLUSIA COUNTY - File No. 1915-64-253.129. On motion by Mr. Dickin-
son, seconded and adopted without objection, the Trustees authorized
issuance of a disclaimer for handling charge of $10.00 to Robert C.
Elston, et ux, under the provisions of Section 253.129 Florida
Statutes, for a parcel of sovereignty land containing 1.09 acres
in the Halifax River in Section 10, Township 14 South, Range 32
East, Volusia County, which was filled prior to May 29, 1951.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr. Conner, adopted without objection, the Trustees
10-11-66
- 77 -
approved Bidding Report No. 894 listing one regular sale of land.
in Columbia County under provisions of Chapter 18296, the Murphy
Act, and authorized execution of deed pertaining thereto.
INDIAN RIVER COUNTY - The City of Vero Beach offered $1,375.00 for
release of the public purpose clause and reverter in Deed No. 267
dated May 25, 1942, as to Lots 1 to 4 inclusive and 11 to 14 inclu-
sive. Block 5, City of Vero Beach, Indian River County, in order
for conveyance to be made to the Garden Club of Indian River County
as a site for a permanent Garden Club facility. The State Road
Department relinquished the road reservation in said deed, as to
the eight lots in question.
In recognition of the quasi-public nature of the use to be made of
the property, the Director recommended conveyance of the above
described lots to the City of Vero Beach under Chapter 21684, Acts
of 1943, without public purpose clause and without reservations of
state road right of way and oil and minerals for a consideration
of $1,375.00.
Motion was made by Mr. Dickinson, seconded and adopted without
objection, that the recommendation be approved as the action of
the Board.
SUMTER COUNTY - The State Road Department requested an easement
for drainage purposes in connection with State Road No. 35 over a
parcel of land certified under tax sale certificates Nos. 634 of
August 1, 1932, and 1193 of August 7, 1933, described as a portion
of Lot 8, Block 8, Bushnell Park Plat 22 in Section 17, Township
21 South, Range 22 East, Sumter County, as recorded in Plat Book 1,
Page 134 of the Public Records, containing 600 square feet, more
or less.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the State Road Department be granted the
easement requested.
On motion duly adopted, the meeting was adjourned.
r^^/f ^2^^
GOVER^JJ^
IRMAN
ATTEST:
DIRECTOR - SECRETARY
*** *** ***
10-11-66
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Tallahassee, Florida
October 18, 1966
The Trustees of the Internal Improvement Fund met on this date
in the Board Room of the office of the Governor, in the Capitol,
Present: Haydon Burns Governor
Broward Williams Treasurer
Earl Faircloth Attorney General
Doyle Conner Commissioner of Agriculture
James T. V/illiams Staff Member
On motion adopted without objection, the Trustees approved the
minutes of the meeting of October 11, 1966.
BREVARD COUNTY - File No. 1547-05-253.12. Spielvogel & Goldman,
on behalf of N. A. Rossman, et al, the abutting upland owners,
offered $1,840.00 per acre, the value reported by Staff Appraiser,
for purchase of a tract of submerged land in Nev;found Harbor in
Section 36, Township 24 South, Range 36 East, containing 23.8
acres, more or less, landward of the established bulkhead line
in Brevard County.
Upon motion adopted without objection, the Trustees directed
advertisement of the land for objections only.
MONROE COUI^TY - File No. 1905-44-253.12. Holiday Travel Trailer
Parks, Inc., the abuttiny upland owner, offered $425.00 per acre,
the value reported by the Staff Appraiser, for purchase of two
separate parcels of submerged land in the Bay of Florida in
Sections 26 and 27, Township 64 South, Range 3 5 East, containing
a total of 26.10 acres, more or less, at Greyhound Key in Monroe
County.
Based on report made by the Board of Conservation that the sale
v;ould have adverse effects on the marine resources in the area,
the Staff recommended denial of the application without preju-
dice, and requested authority to issue refund of the $50.00
application fee to A. J. Ryan, Jr., Dania, Florida, which was
submitted with the referenced file.
Mr. Conner said he had information that the applicant planned to
submit a revised application, and he suggested that the
Trustees v/ithhold action.
On motion, adopted without objection, the Trustees directed that
the application be removed from the agenda pending further
information.
DADE COUNTY - Approval v;as requested for assignment of Campsite
Lease No. 2178 from Alan '.Vylie to Cape Florida Yacht Club, Inc.,
which club had filed in the Land Office executed assignment and
acceptance of the terms and conditions of the lease.
10-18-66
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Mr. J. Bruce Vining, on behalf of the club, asked the Trustees to
approve a conditional lease for use by yacht club members, not
restricted to private campsite only, which he said would give him
the authority of the Trustees as o\\rners of the land to request a
variance from the Metropolitan Zoning Board regulations. The
Trustees in the past had indicated that lease of offshore areas
in Biscayne Bay would be confined to private campsites, and Mr.
Vining felt that he needed approval by the Trustees before appear-
ing before Metro v;ith his proposal for use of the campsite by
members of yacht clubs. Then he would come back for final action
by the Trustees.
After discussion of the policy of allowing such sovereignty areas
to be used as private camps and not for commercial use, with a
provision for cancellation of leases after 120 days notice, the
Attorney General and the Governor expressed unwillingness to vote
for a departure from the established policy. Governor Burns said
the applicant should present the matter to the Board of County
Commissioners, and the Trustees would consider granting the lease
for the club upon receipt of a resolution from the county approving
the proposed yacht club project.
V7ithout objection, the matter was taken off the agenda and no
action taken on the lease assignment.
SHELL LEASES - The Trustees accepted as information for the minutes
the following report of remittances received by the Florida Board
of Conservation from holders of shell leases for the month of
September, 1966:
Lease No. Name of Company Amount
1703 Bay Dredging & Constr. Co. $ 6,391.24
171S Radcliff Materials, Inc. 10,234,93
1738 Benton & Company, Inc. 8,554.61
(for July sales)
1917 Ft. Myers Shell & Dredging Co. 615.00
(for July sales)
1917 Ft. Myers Shell & Dredging Co. 841.05
MONROE COUNTY - Fred Tittle, attorney for the present ov;ner of the
upland and the 0.92 acre parcel of submerged land in Hawk Channel
in Section 28, Township 63 South, Range 37 East, Monroe County,
conveyed by the Trustees in Deed No. 21629 dated August 28, 1957,
William H. Campbell, et ux, made application for a corrective deed
to revise the description to more definitely locate tlie point of
beginning of the parcel conveyed.
Motion v/as made by lAr . Faircloth , seconded and adopted without
objection, that corrective deed be issued for $10.00 handling
charge.
f^ANATEE COU NTY - File No. 307-41-253.124. Upon motion, seconded
and adopted without objection, the Trustees formally approved fill
permit issued by the City of Holmes Beach on October 4, 1966, under
the provisions of Section 253.124 Florida Statutes, to Leo Mills &
Associates on behalf of Edith L. Zewadski, to fill the 16.61 acre
parcel of submerged land in Sarasota Bay in Section 33, Township 34
South, Range 16 East, conveyed by the Trustees under the referenced
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file number,
PALM BEACH COUNTY - File No. 1828-50-253.124. Upon motion,
seconded and adopted without objection, the Trustees formally
approved the fill permit issued by the City of Riviera Beach on
October 11, 1966, under the provisions of Section 253.124 Florida
Statutes, to Hart Marine Constr . on behalf of Norman Ehinger, to
fill the 0.358 acre parcel of submerged land in Lake Worth in
Section 28, Township 42 South, Range 43 East, Palm Beach County,
conveyed by the Trustees under the referenced file number.
PALM BEACH COUNTY - Bulkhead Line. Staff recommended approval of
an amended bulkhead line fixed by the Town Council of the Town of
Lantana, Florida, by Ordinance No. 0-8-66 adopted on August 22,
1966, being a segment of the existing bulkhead line along the west
shore of Lake Worth in Government Lot 7, Section 34, Township 44
South, Range 43 East, Palm Beach County. All required exhibits
were furnished and there were no objections at the local or state
level. The Trustees examined the bulkhead map and Mr. Jim Williams
stated that the line was offshore from the Lantana Boatyard property.
Motion was made by Mr. Faircloth, seconded and adopted without
objection, that the amended bulkhead line as established by the
Town of Lantana be formally approved.
PALM BEACH COUNTY - Ambassador West Development Corporation applied
for a permit for construction of a dock in Lake Worth at appli-
cant's upland property in Section 23, Township 44 South, Range 43
East, Town of Palm Beach in Palm Beach County. All required
exhibits and $100.00 processing fee were submitted.
Motion was made by Mr. Williams, seconded and adopted without
objection, that state commercial dock permit be issued.
VOLUSIA COUNTY - Mrs. Joey Strong Shuler requested permission to
dredge a navigational channel 600 feet long and 50 feet wide by
8 feet deep, in the Halifax River in front of her upland property
at Lots 3 and 4 in Bellewood Subdivision, Volusia County. inas-
much as the channel would be dredged deeper than the normal depth
for a navigational channel, the applicant submitted payment in the
amount of $175.00 to cover the cost of 3,500 cubic yards of fill
material which was considered "overdepth" and would be used to
improve upland property. The Florida Board of Conservation had
no objection to issuance of the permit. Staff recommended
approval.
Motion was made by Treasurer Williams, seconded and adopted without
objection, that permit be authorized for dredging the navigation
channel and that the fill material obtained from the greater than
normal depth dredging be sold for the amount of $175.00.
Upon motion, duly adopted, the meeting was adjourned.
10-18-66
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GOVEajJCR - y CHAIRMAN
ATTEST
^il£[E3^^»«J/
Tallahassee, Florida
October 25, 1966
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor in the Capitol.
Present: Haydon Burns
Fred O. Dickinson, Jr
Broward Williams
Earl Faircloth
Doyle Conner
Governor
Comptroller
Treasurer
Attorney General
Commissioner of Agriculture
James T. Williams
Staff Member
Upon motion, duly adopted, the Trustees approved the minutes of the
meeting of October 18, 1966, as submitted.
BREVARD COUNTY - File No. 1893-05-253.12. On September 13, 1966,
the Trustees considered application of Louis D. Harris, the abutting
upland owner, who offered $1,500.00 per acre, value approved by
Staff Appraiser, for purchase of a parcel of submerged land in the
Indian River in Sections 14 and 15, Township 22 South, Range 35
East, in the City of Titusville, Brevard County, containing 0.61
acre, more or less, lying easterly of and abutting Water Lot 12,
Block 13, less the South 5 feet thereof, of Delespine Courts Sub-
division, Plat Book 4, Page 93, Public Records of Brevard County,
landward of the established bulkhead line.
Notice of the sale was published in the Star-Advocate, and proof
of publication was filed in the Trustees' office. Objection to the
sale was filed by Kingsley Brown, adjacent owner to the north, who
protested on the ground that it might reduce the value of his
property. As other sales had been made to the bulkhead line
established by the city, the Staff recommended that the objection
be overruled.
Motion was made by Mr. Faircloth, seconded and adopted without
objection, that sale of the advertised parcel be confirmed and the
objection overruled.
MONROE COUNTY - File No. 1891-44-253.12. On September 13, 1966,
the Trustees considered application of Courtney T. Thompson and
wife, abutting upland owners, with offer of $425.00 per acre or a
minimum of $100.00 in this instance, approved by the Staff Appraiser,
for purchase of a parcel of submerged land in Florida Bay in Sec-
tion 32, Township 63 South, Range 37 East, containing 0.20 acre.
10-25-66
82 -
more or less, at Upper Matecumbe Key in Monroe County. Notice of
sale was published in the Key iVest citizen, proof of publication
filed, and no objection received.
On motion by Mr. Faircloth, adopted without objection, the
Trustees confirmed sale of the advertised parcel to the riparian
owners.
MONROE COUNTY - File No. 1892-44-253.12. On September 13, 1966,
the Trustees considered application of Millard Roberts and wife,
the abutting upland owners, with offer of $425.00 per acre, approved
by Staff Appraiser, for a parcel of submerged land in Florida Bay
in Section 32, Township 63 South, Range 37 East, containing 0.5
acre at Upper Matecumbe Key in Monroe County. Notice of sale was
published in the Key West Citizen, proof of publication filed and
no objection to the sale received.
On motion by Mr. Faircloth, adopted without objection, the Trustees
confirmed sale of the advertised parcel to the riparian owners at
the appraised price.
BREVARD COUNTY - File No. 1743-05-253.12. Buckner Realty Survey-
ing & Engineering, on behalf of Deane H. Stokes, the abutting
upland owner, offered $1,060.00 per acre, the price approved by
Staff Appraiser, for a parcel of submerged land in the Indian
River in Section 34, Tovmship 27 South, Range 37 East, 1.07 acres
in the City of Melbourne, Brevard County, landv/ard of the
established bulkhead line.
Motion was made by Mr. Dickinson, seconded and adopted without
objection, that the parcel be advertised for objections only.
BROWARD COUNTY - Bulkhead Line. The City Commission of the City
of Fort Lauderdale, in Broward County, Florida, referred to the
Trustees for approval a bulkhead line established by Ordinance No.
C-66-49 dated September 6, 1966, located along the west bank of
Middle River, Government Lot 7, Section 36, Township 49 South,
Range 42 East, Broward County. All required exhibits were furnished
and no objections were received at the local or state level. The
Staff recommended formal approval. The Board of Conservation
reviewed the bulkhead line and reported no objections.
Motion was made by Mr. Dickinson, seconded and adopted without
objection, that the Trustees formally approve the bulkhead line
established by the City of Fort Lauderdale by Ordinance No. C-66-49
adopted on September 6, 1966.
CITRUS COUNTY - Bulkhead Line. The Town Council of the Town of
Crystal River, Florida, by Resolution adopted on September 6, 1966,
established a bulkhead line along the North Shore of the Crystal
River in Section 21, Township 18 South, Range 17 East, in Citrus
County. All required exhibits were submitted and there were no
objections received at the local or state level. The Staff recom-
mended formal approval of the bulkhead line.
Motion was made by Mr. Dickinson, seconded and adopted without
10-25-66
- 83 -
objection, that the bulkhead line established by the Town of
Crystal River on September 6, 1966, be formally approved by the
Trustees .
COLLIER COUNTY - The Naples Sailing Club, Inc., made application
for a state permit authorizing construction of a dock in the Gordon
River at the applicant's upland property known as Lot 9, Beumaris
Replat, in Collier County. All required exhibits, including
$100.00 processing fee, were submitted. Staff recommended approval,
Motion v/as made by Mr. Faircloth, seconded by Mr. Williams, and
adopted without objection, that the Trustees authorize issuance of
a state commercial dock permit to the applicant.
GLADES COUNTY - Ray D.Chamberlain of Clewiston, Florida, holder of
Grazing Lease No. 1820 covering 83.35 acres of reclaimed Lake
Okeechobee bottom land in Section 17, Township 42 South, Range 33
East, Glades County, requested renewal of lease for three addi-
tional years. The lease, which expired September 26, 1966, was
for grazing only, v;ith annual rental of $1.00 per acre, and subject
to cancellation after 90 days' written notice.
Staff appraiser inspected the land and recommended that the rent
be increased to $3.00 per acre.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted without objection, that grazing lease be issued to Mr.
Chamberlain at $3.00 per acre annual rental, with other terms and
conditions the same as in Lease No. 1820.
SUBJECTS UNDER CHAPTER 182 96
HILLSBOROUGH COUNTY - Murphy Act Refunds. Motion was made by
Attorney General Faircloth, seconded and adopted, without objection,
that the Trustees authorize refunds in the amount of $10.00 to each
of the follov/ing applicants for release of the state road right of
way reservations contained in the numbered Murphy Act deeds, for the
reason that the State Road Department did not recommend that the
reservations be released:
Part Hillsborough County Deed No. 3923 - Refund to Real
Estate Title Company;
Part Hillsborough County Deed No. 3923 - Refund to
Naomi D. Sedgwick.
ST. JOHI'JS COUNTY - Frank D. Upchurch, Attorney, on behalf of Charles
R. Usina, requested waiver of the usual regulations as to size
limitation for release of the oil, mineral and fissionable material
rights reserved in St. Johns County Murphy Act Deed No. 902 dated
April 16, 1951, as to a five-acre parcel of land in Sections 6 and
7, Township 7 South, Range 29 East, St. Johns County, to be used as
a site for a franchised Holiday Inn Motel of approximately 120
units, office, restaurant, swimming pool and parking area.
Under the statutory provisions, the whole five acres might not be
considered a building site, but the Staff felt that for a considera-
10-25-66
- 84 -
tion of $100.00, the State of Florida would be compensated
oil, mineral and fissionable material interest in the land,
Release v/as recommended, upon payment of $100.00.
:or the
Motion was made by Mr. Faircloth, seconded and adopted unanimously,
that upon payment of $100.00, a release of the oil, mineral and
fissionable material rights as to the five acres conveyed under
the Murphy Act would be issued.
On motion duly adopted, the meeting was adjourned.
CHAIRMAN
ATTEST :
Vj^^^€^ .
*^'*-T-*»^
TAFF MEMBER
* * *
* * *
Tallahassee, Florida
November 1, 1956
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Haydon Burns
Fred 0. Dickinson, Jr.
Broward Williams
Earl Faircloth
Doyle Conner
Governor
Comptroller
Treasurer
Attorney General
Commissioner of Agriculture
Robert C. Parker
Director
Upon motion, duly adopted, the Trustees approved the minutes of
the meeting of October 25, 1966.
The following four (4) applications were presented from riparian
owners for purchase of submerged lands abutting their upland
properties:
1. BREVARD COUNTY - File No. 1916-05-253.12. Grusenmeyer and
Associates, for Edward M. Poe and wife, abutting upland owners,
offered $1,500.00 per acre, value approved by the Staff
Appraiser, for purchase of a parcel of submerged land in the
Indian River in Section 15, Township 22 South, Range 35 East,
containing 0.92 acre in the City of Titusville, Brevard
County, landward of the established bulkhead line.
2. I4ANATEE COUNTY - File No. 1913-41-253.12. Robertson, Robert-
son & Walker, for Leffel Brown and wife, abutting upland
owners, offered $700.00 per acre or $100.00 minimum in this
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- 85 -
instance, for purchase of a parcel of submerged land in
Sarasota Bay in Section 31, Township 35 South, Range 17 East,
containing 0.10 acre in the Town of Longboat Key, Manatee
County, landward of the established bulkhead line.
3. MONROE COUNTY - File No. 1926-44-253.12. Bailey-Mooney-Post
Associates, for Joseph A. Boyd and wife, abutting upland
owners, offered $300.00 per acre, value approved by the Staff
Appraiser, for a parcel of submerged land in the Straits of
Florida containing 2.02 acres in Section 28, Township 61
South, Range 39 East, Key Largo, in Monroe County.
4. PALJl BEACH COUNTY - File No. 1922-50-253.12. Adair and Brady,
Inc., on behalf of Lantana Boatyard, Inc., and Murrelle
Marine, Inc., abutting upland owners, offered $1,925.00 per
acre, value approved by Staff Appraiser, for purchase of two
(2) contiguous parcels of submerged land in Lake v^Jorth in
Section 34, Tov;nship 44 South, Range 43 East, containing a
total of 0.511 acre landward of the established bulkhead line
in Palm Beach County in the Town of Lantana.
Motion was made by Mr. Conner, seconded and unanimously adopted,
that the land in the four above applications be advertised for
objections only.
VOLUSIA COUNTY - File Nos. 1910-64-253.12 and 1910-64-253.129.
Application was presented from M. Dean Nelson on behalf of Cooper
Smith and wife, abutting upland owners, with offer of $450.00 per
acre or $100.00 minimum in this instance, for a parcel of submerged
land in the Halifax River in Section 28, Township 13 South, Range
32 East, containing 0.064 acre in the City of Ormond Beach,
Volusia County, landward of the established bulkhead line.
Staff recommended advertisement of the parcel for objections only.
Also, the Staff requested authority to issue disclaimer for hand-
ling charge of $10.00 to Cooper Smith and wife, under the provisions
of Section 253.129 Florida Statutes, for a parcel of sovereignty
land containing 0.18 acre, more or less, landward of the parcel
in the application described above. The 0.18-acre parcel was
filled prior to May 29, 1951.
Motion v/as made by Mr. Conner, seconded and unanimously adopted,
that the 0.064-acre parcel be advertised for objections only; and
that disclaimer be issued for $10.00 charge for the other parcel
which was filled prior to May 29, 1951, pursuant to provisions of
Section 253.129.
DADE COUNTY - Presented to the Trustees for approval was an amended
bulkhead line established by the City Council of the City of Miami
Beach, Florida, by Resolution No. 11923 adopted on August 24, 1966,
which realigned the existing bulkhead line in Biscayne Bay west of
Collins and Johns Islands and north of the Tuttle Causeway (State
Road 25) in Township 53 South, Range 42 East, adjacent to Mount
Sinai Hospital. All required exhibits were furnished and there
were no objections. The Director said the city modified the bulk-
head line to permit enlargement of the hospital area. The Board of
Conservation offered no objection and the Staff recommended
approval .
Motion was made by Mr. Faircloth, seconded and adopted without
objection, that the Trustees formally approve the amended bulkhead
11-1-66
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line established by the City Council of Miami Beach on August
24, 1966.
GLADES COUNTY - In Glades County a suit was instituted by Lois
C. Wetherell to quiet title to a parcel of land located within
Tract 44 according to a plat filed of record in Plat Book 1 at
Page 31 in the Public Records of Okeechobee County, Florida, which
tract was located in Township 38 South, Range 35 East, in Glades
County, Florida. Certain allegations were made in the Bill of
Complaint which affected other lands located within said Tract 44
and lands lying lakeward thereof, in which the Trustees of the
Internal Improvement Fund asserted title interest.
In order to protect whatever interest the Trustees might have in
the land, motion was made by f -Ir . Dickinson, seconded and adopted
unanimously, that the Trustees authorize the office of the Attorney
General to institute whatever proceedings were deemed appropriate
to properly protect the interest of the Trustees as to the lands
in question.
LEVY COUNTY - The State Road Department applied for dedication,
for road and bridge right of way purposes, of submerged land in
the Gulf of Mexico in Section 29, Township 15 South, Range 13 East,
Levy County, identified as Parcel No. 124.1 needed for the construc-
tion of State Road No. 24, Section 34070-2505.
Motion was made by Mr. Williams, seconded and adopted without
objection, that the parcel requested by the State Road Department
be dedicated for road and bridge right of way purposes.
MONROE COUNTY - The State Road Department applied for dedication,
for road right of way purposes, of a parcel of submerged land in
Sugarloaf Creek in Sections 21 and 22, Township 67 South, Range
27 East, Monroe County, identified as Parcel 100.1 needed for the
construction of State Road 939A, Section 90501-2602.
Motion was made by Mr. Faircloth, seconded and adopted without
objection, that the parcel requested by the State Road Department
be dedicated for road right of way purposes.
MONROE COUNTY - The State Road Department applied for dedication,
for road right of way purposes, of submerged land in the Bay of
Florida in Section 4, Township 67 South, Range 28 East, in Monroe
County between Cud joe and Gopher Keys, containing 5.33 acres, more
or less, identified as Parcel 103.1 needed in the construction of
Puerto Bella Drive Extension, Section 90600-2606.
Motion was made by Mr. Faircloth, seconded and adopted without
objection, that the parcel requested by the State Road Department
be dedicated for road right of way purposes.
MONROE COUNTY - The Board of County Commissioners of Monroe County
by Resolution No. 47-1966 requested dedication of a strip of
submerged land in the Bay of Florida in Sections 15 and 22, Town-
ship 67 South, Range 26 East, Monroe County, between Big Coppitt
11-1-66
- 87 -
and Half Moon Keys, containing 3.53 acres needed for access road
construction purposes.
Motion was made by Mr. Faircloth, seconded and adopted without
objection, that the parcel requested by the Board of County
Commissioners of Monroe County be dedicated for road construction
purposes .
MONROE COUNTY - Staff recommended approval of execution of correc-
tive instruments requested by the United States to enable certain
changes to be made in the right of way and temporary and permanent
spoil areas in Township 61 South, Ranges 39 and 40 East, Key Largo
in Monroe County, granted previously to the United States to provide
better access to and from John Pennekamp Coral Reef State Park. On
September 8, 1964, the Trustees authorised execution of appropriate
instruments with the State Board of Parks and Historic Memorials
to the United States, which instruments were executed and appeared
in the records as Nos. 2055, 23047 and 23844.
On motion made by Mr. Faircloth, seconded and adopted without
objection, the Trustees approved execution of the corrective
instruments .
PALr4 BEACH COUNTY - By Resolution No. 232-65 passed and adopted by
the Village Council of North Palm Beach, Palm Beach County, Florida,
on March 9, 1955, application was made to the Trustees for dedica-
tion of a parcel of sovereignty land in Lake Worth in Section 16,
Tov/nship 42 South, Range 43 East, containing 6.3 acres, for public
park and recreation purposes. The United States of America had
released this parcel, part of spoil area MSA-LvV2 granted to the
U. S. by the Trustees.
The Director said the land was in Lake Worth, and that the dedica-
tion would contain the usual reversion clause so that the land,
if not used within a period of time or if used for other purposes,
would revert to the Trustees.
Motion v/as made by Mr. Faircloth, seconded and adopted unanimously,
that the 5.3 acres be dedicated to the Village of North Palm Beach
for public park and recreation purposes.
PAL?1 BEACH COUNTY - File No. 1929-50-253.129. Motion was made by
Mr. Faircloth, seconded and adopted unanimously, that the Trustees
authorize issuance of disclaimer for handling charge of $10.00 to
Regina W. Spence, as Trustee, under the provisions of Section
253.129 Florida Statutes, for a parcel of sovereignty land contain-
ing 0.395 acre, more or less, in Lake Boca Raton in Sections 28
and 29, Township 47 South, Range 43 Eas*-, Palm Beach County,
Florida, v/hich was filled prior to June 11, 1957.
PALJ-I BEACH COUNTY - File No. 1928-50-253.129. Motion was made by
rir . Faircloth, seconded and adopted unanimously, that the Trustees
authorize issuance of disclaimer for handling charge of $10.00 to
EKvight B. Misch and wife, under the provisions of Section 253.129
Florida Statutes, for a parcel of sovereignty land containing
11-1-56
- 88 -
0.089 acre, more or less, in Lake Boca Raton in Section 29, Tov/n-
ship 47 South, Range 43 East, Palm Beach County, Florida, which was
filled prior to June 11, 1957.
PALM BEACH COUNTY - File No. 1927-50-253.129. Motion was made by
Mr. Faircloth, seconded and adopted unanimously, that the Trustees
authorize issuance of disclaimer for handling charge of $10.00 to
Carl Stockholm and wife, under the provisions of Section 253.129
Florida Statutes, for tv;o parcels of sovereignty land containing
a total of 0.41 acre in Lake Boca Raton, Palm Beach County, Florida,
in Section 28, Township 47 South, Range 43 East, which v\?as filled
prior to June 11, 1957.
PINELLAS COUNTY - Pinellas County Water and Navigation Control
Authority on behalf of William F. and Elinor M. Carver made appli-
cation for a state permit for construction of commercial docks in
front of the applicants' upland property known as Tract D, Chesa-
peake Point No. 2, Tarpon Springs in Pinellas County. All required
exhibits, including processing fee in the amount of $100.00, v/ere
submitted and Staff recommended approval.
Motion was made by Mr. Williams, seconded and adopted without
objection, that state commercial dock permit be issued.
Upon motion duly adopted, the meeting was adjourned.
■: l^^^^l^^*^
ATTEST:
DIRECTOR - SECRETARY
*** *** ***
Tallahassee, Florida
November 15, 1966
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Haydon Burns Governor
Fred 0. Dickinson, Jr. comptroller
Broward Williams Treasurer
Robert C. Parker Director
Upon motion duly adopted, the Trustees approved the minutes of
the meeting of November 1, 1966.
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DADE COUNTY - File No. 1909-13-253.12. On October 4, 1966, the
Trustees considered the application made by the City of Miami Beach
on behalf of a number of abuttiny upland owners, for twenty-five
(25) parcels of submerged land in Indian Creek in Section 14, Town-
ship 53 South, Range 42 East, landward of the established bulkhead
line in the City of Miami Beach, Dade County, for which offer was
made of $1,000.00 per acre or $100.00 minimum charge per deed. The
twenty-five contiguous parcels contained a total of 5.19 acres, more
or less, necessary for continuation of the project for widening
Collins Avenue to a point opposite the north line of Tract 3 of
The Bath Club. The realignment of the street v/as developed and
submitted by the State Road Department and the City of Miami Beach.
Notice of sale was published in the Miami Beach Times, proof of
publication filed, and five protests were received from riparian
owners on the westerly side of Indian Creek, opposite the area to
be conveyed for the public project. The Director said that in view
of the public necessity, the Staff recommended that the objections
be overruled. He assured Governor Burns that navigation in Indian
Creek would not be impeded.
Motion was made by Mr. Williams, seconded and unanimously adopted,
that the objections be overruled and sale of the twenty-five conti-
guous parcels confirmed to the City of Miami Beach on behalf of
the following upland owners:
Benjamin Meyers, et ux
Nathan Siegel and Melvin Fischer (2 parcels)
Julia L. Reynolds
Ansons Company, Inc. (6 parcels)
Reliance Merchandise Company, Inc.
Nathan Siegel, Melvin Fischer and Margaret Beatty
Florence B. Rafkin
Seacoast Towers West, inc.
Samuel F. Hillman
The Estate of Walter L. Mead, deceased
The Estate of Robert P. Butts, deceased
William J. Kappell, et ux
Gertrude Turchin
Robert L. Turchin, et ux, et al
Milford S. Purcell, et ux
Nathan Cynamon
Ruth Mason, as Trustee
Willard F. Rockwell, Jr.
The Bath Club, Inc.
The following three sales (Citrus County 1888-09-253.12, Monroe
County 1897-44-253.12, and Monroe County 1900-44-253.12) were
advertised for November 8 but as there was no cabinet meeting on
that date, the three sales were presented on the agenda of this
date with Staff recommendation for confirmation.
CITRUS COUNTY - File No. 1888-09-253.12. On September 20, 1966,
the Trustees considered application from Harbond, Inc., abutting
upland owner, to purchase four (4) parcels of submerged land in
the Gulf of Mexico between the established bulkhead line and the
mean high water mark of Government Lots 4, 10 and 11 of Section 19
and Government Lot 3 of Section 30 in Township 17 South, Range 16
East, containing 145 acres, more or less, appraised at $75.00 per
acre; and those submerged lands in Crystal River lying between the
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established bulkhead line and the mean hi-jh v/ater mark of
Government Lots 5, 10 and 11 of Section 10 of Township 13 South,
Range 16 East, containing 10 acres, more or less, appraised at
$100.00 per acre. The applicant offered the appraised price
for the Citrus County land totalling 155 acres, more or less.
Notice of sale was published in the Suncoast Sentinel, Crystal
River, Florida, and proof of publication was filed. Objections
to the sale were received from the Crystal River Guides Associa-
tion and Mrs. Raymond O'Brien. As the Board of Conservation
reviewed and offered no objection to the establishment of the bulk-
head lines within which the application parcels were located, the
Staff recommended that the objections be overruled and sale
confirmed.
Motion was made by r-lr . Dickinson, seconded and unanimously adopted,
that the objections be overruled and sale of the advertised land
to the riparian owner be confirmed.
MONROE COUNTY - File No. 1897-44-253.12. On September 20, 1966, the
Trustees considered the application from Coral Rock Company, Inc.,
abutting upland owner, with offer of $250.00 per acre, approved by
the Staff Appraiser, for purchase of a parcel of submerged land in
the Straits of Florida in Section 28, Township 60 South, Range 40
East, 5.47 acres, more or less, at Key Largo in Monroe County,
Florida. Notice of sale v/as published in the Key V7est Citizen,
proof of publication filed and no objection to the sale was
received .
Motion was made by Mr. Dickinson, seconded and adopted unanimously,
that sale of the advertised parcel be confirmed to the riparian
owner.
MONROE COUNTY - File No. 1900-44-253.12. On September 20, 1966,
the Trustees considered application from Whitney Bourne Atwood,
abutting upland owner, with offer of the price approved by the
Staff Appraiser, $425.00 per acre, for purchase of a parcel of sub-
merged land in the Straits of Florida in Section 5, Township 64
South, Range 37 East, containing 2.5 acres, more or less, at Upper
Matecumbe Key in Monroe County, Florida. Notice of sale was
published in the Key West Citizen, proof of publication filed and
no objection to the sale v/as received.
Motion was made by I4r . Dickinson, seconded and adopted without
objection, that the Trustees confirm sale of the advertised parcel
to the riparian owner at the price offered.
DUVAL COUNTY - File No. 1923-16-253.12 and 1923-16-253.129. Appli-
cation was made by A. M. Crabtree, Jr., on behalf of John T. Wood,
the abutting upland owner, for purchase of a tract of submerged
land in St. Johns River abutting uplands in Sections 29 and 53,
Township 1 South, Range 27 East, containing 30.0 acres landward of
the established bulkhead line in Duval County. The applicant
offered $250.00 per acre, the value approved by the Staff Appraiser.
The Staff recommended advertisement of the parcel for objections
only. Also, authority was requested to issue disclaimer for
handling charge of $10.00 to John T. Wood under provisions of
Section 253.129 Florida Statutes, for a tract of sovereignty land
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containing 22.0 acres landward of the tract described above. The
22 acre tract was filled prior to May 29, 1951.
Motion was made by Ilr . Dickinson, seconded and adopted without
objection, that the 30 acres of submerged land be advertised for
objections only, and that disclaimer be issued under the provisions
of Section 253.129 Florida Statutes for the 22 acres filled prior
to May 29, 1951, for the handling charge of SIO.OO.
The follov/ing nine (9) applications were presented from riparian
owners who made application to purchase submerged lands abutting
their upland properties.
1. LEE COUNTY - File No. 1911-36-253.12. Henderson, Franklin,
Starnes and Holt on behalf of Pine Island Shores, Inc., the
abutting upland ov/ner, offered $200.00 per acre, value reported
by the Staff Appraiser, for purchase of a parcel of submerged
land in San Carlos Bay in Section 2, Township 46 South, Range
22 East, containing 2.5 acres landward of the bulkhead line
at Pine Island, Lee County.
2. MONROE COUNTY - File No. 1908-44-253.12. Bailey, Mooney,
Post Associates, on behalf of James H. King and wife, the
abutting upland owners, offered $425.00 per acre, value
approved by the Staff Appraiser, for purchase of a parcel of
submerged land in Black Water Sound in Section 14, Township
61 South, Range 39 East, containing 1.0 acre at Key Largo in
Monroe County.
3. MONROE COUNTY - File No. 1924-44-253.12. VJynken, Blynken and
Nod Estates, Inc., abutting upland owner, offered $300.00 per
acre, price approved by Staff Appraiser, for a parcel of
submerged land in the Straits of Florida in Section 12,
Township 62 South, Range 38 East, containing 0.49 acre at
Key Largo in Monroe County.
4. MONROE COUNTY - File No. 1925-44-253.12. Jack M. Phillips on
behalf of Martin N. Rosen and wife, abutting upland owners,
offered $200.00 per acre or a minimum of $100.00 in this
instance for purchase of a 0.38 acre parcel of submerged land
in the Straits of Florida in Section 14, Township 67 South,
Range 27 East, at Sugarloaf Key in Monroe County.
5. MONROE COUNTY - File No. 1930-44-253.12. Bailey, Mooney,
Post Associates, Inc., on behalf of Boyd A. Burkhardt and wife,
abutting upland owners, offered $300.00 per acre, the price
approved by the Staff Appraiser, for purchase of a parcel of
submerged land in the Bay of Florida in Section 14, Township
62 South, Range 38 East, containing 0.60 acre at Key Largo in
Monroe County.
6. MONROE COUInTTY - File No. 1932-44-253.12. Bailey, Mooney, Post
A">sociates, Inc., on behalf of Lena Moye, abutting upland owner,
offered $300.00 per acre, the price approved by the Staff
/\ppraiser, for purchase of a parcel of submerged land in the
Bay of Florida in Section 6, Township 62 South, Range 39 East,
containing 0.57 acre at Key Largo in Monroe County.
7. MONROE COUtJTY - File No. 1933-44-253.12. Bailey, Mooney, Post
Associates, Inc. , on behalf of Ruth L. Moss, the abutting upland
ov/ner, offered $300.00 per acre, the' price approved by the
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staff Appraiser, for purchase of a parcel of submerged land
in the Bay of Florida in Section 18, Township 63 South,
Range 38 East, 0.35 acre at Plantation Key in Monroe County.
8. PALM BEACH COUNTY - File No. 1919-50-253.12. Brockway, Owen
and /\nderson on behalf of James R. Brandon and wife, the
abutting upland owners, offered $1,209.13 per acre, value
approved by the Staff Appraiser, for purchase of a parcel of
submerged land in Lake Worth in Section 34, Township 43 South,
Range 43 East, containing 0.37 acre in the City of West Palm
Beach landward of the established bulkhead line.
9. PALM BEACH COUNTY - File No. 1921-50-253.12. Brockway, Owen
and Anderson on behalf of Lena Wells and Annetta '.Veils,
abutting upland owners, offered $1,923.00 per acre, price
approved by the Staff Appraiser, for purchase of two (2)
contiguous parcels of submerged land in Lake Worth in Section
28, Township 42 South, Range 43 East, 0.145 acre in the City
of Riviera Beach landward of the established bulkhead line
in Palm Beach County.
Motion v;as made by Mr. Dickinson, seconded and adopted without
objection, that the land in the nine above applications be adver-
tised for objections only.
DADE COUNTY - File 1034-13-253.12 and 1034-13-253.129. Helliwell,
Melrose and DeWolf on behalf of Paul L. E. Helliwell, Trustee,
previously having offered $1,000.00 per acre for purchase of a
.parcel of submerged land, did offer on this date to pay $1,800.00
per acre for a tract of submerged land in Biscayne Bay lying
westerly of and abutting Tracts D, E and F of Mashta Point Subdi-
vision in Section 6, Township 55 South, Range 42 East, as recorded
in Plat Book 60 Page 93 of the Public Records of Dade County,
Florida, containing 25.8 acres landward of the established
bulkhead line.
With respect to the value of the property in question, the Staff
called attention to an appraisal made by E. D. Keefer, M. A. I. of
Miami Beach, Florida, dated November 20, 1961, of this parcel now
applied for together with additional acreage adjacent thereto,
totalling 42.4 acres, in which appraisal he placed a value of
$2,886.00 per acre for the 42.2 acres. On September 2, 1964, the
then Staff Appraiser, tvilliam R. Weigel, reviewed this Keefer
appraisal and concurred in the value set. On July 23, 1965, Robert
M. McKey, M. A. I. of Miami, Florida, at the request of the law
firm of Helliwell, Melrose and DeV/olf of Miami, prepared an
appraisal of approximately the same parcel of submerged land that
was appraised by Mr. Keefer and he set a fair market value appraisal
of $700.00 per acre.
The present Staff Appraiser reviewed and analyzed all three apprai-
sals above mentioned and, based on his review and analysis, it is
his considered judgment that the present fair market value of the
submerged land now applied for, consisting of 2 5.8 acres, is
$1,800.00 per acre. On the basis of the applicant's offer of this
price. Staff recommended advertisement for objections only.
Also, the Staff requested authority to issue disclaimer for
handling charge of $10.00 under the provisions of Section 253.129
Florida Statutes, to Paul L. E. Helliwell, as Trustee, for a
parcel of sovereignty land containing 1.9 acres landward of the
25.8 acre tract applied for on this date. This parcel was filled
prior to June 11, 1957.
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Motion was made by Mr. Williams, seconded and adopted unanimously,
that the 25.8 acres of submerged land be advertised for objections
only, and that disclaimer be issued under the provisions of
Section 253.129 for the 1.9 acres of filled land for $10.00 hand-
ling charge.
SHELL LEASES - The Trustees accepted as information for the minutes
the following report received November 3, 1966, of remittances
received by the Florida Board of Conservation from holders of
shell leases.
Lease No. Name of Company Amount
1703 Bay Dredging & Construction Co. $ 6,758.42
1718 Radcliff Materials, Inc. 12,990.49
1788 Benton and Company, Inc. 11,189.13
1917 Fort Myers Shell & Dredging Co. 732.30
DADE COUNTY - Contract No. 23809(521-13) was issued after the
Trustees in meeting August 27, 1963, confirmed the sale of 84.9
acres of submerged land in Biscayne Bay in Sections 29, 30, 31 and
32, Township 56 South, Range 42 East, Dade County, at Ragged Key
No. 5. The description submitted and used in said contract inadver-
tently included the 6.9 acres of riparian upland, being Government
Lot 5 of said Section 29. Staff requested authority to issue
corrective contract to S. W. O'Neal, Jr., and Wilbur C. Knox.
Motion was made by Mr. Dickinson, seconded and adopted without
objection, that corrective contract be issued excluding Government
Lot 5 and adjusting the amount of payments in the contract.
LAKE COUNTY - Donald J. Keirn applied for permit to remove 500 cubic
yards of fill material from Lake Gertrude to improve the beach area
of Lots 27 and 28, Lake Gertrude Manor in Section 24, Township 19
South, Range 26 East, Lake County. All required exhibits, including
$25.00 payment for the material, were received and the Florida Game
and Fresh Water Fish Commission inspected and had no objections to
the work with the standard stipulations included in the permit.
On motion by Mr. Dickinson, adopted without objection, the Trustees
authorized issuance of permit as requested.
OKALOOSA COUNTY - The City of Valparaiso made application for a
state permit for construction of a dock in Tom's Bayou at city-owned
property known as Plat 1, City of Valparaiso, in Section 7, Township
1 South, Range 22 West, Okaloosa County. All required exhibits were
furnished. Staff recommended approval without requirement of the
processing fee as the dock would be used for public fishing only.
On motion by Mr. Dickinson, adopted without objection, the Trustees
authorized issuance of state dock permit to the City of Valparaiso
without charge inasmuch as it was a public project.
PALM BEACH COUNTY - Louis Pergament applied for a state commercial
dock permit for construction of a dock in Lake Worth at applicant's
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upland Lots 3 through 12 and Lots 224 through 230, Floral Park,
Town of Palm Beach in Palm Beach County. All necessary exhibits,
including $100.00 processing fee, were received and Staff
recommended approval.
On motion by Mr. Dickinson, adopted without objection, the Trustees
authorized issuance of state commercial dock permit to the applicant,
PINELLAS COUNTY - The following applications were approved and
referred by the Pinellas County Water and Navigation Control
Authority to the Trustees for state commercial dock permits:
1. W. Lee Ward, to construct a marina in the Anclote River
at Lots 4, 5, 6 and 7, Section 2, Township 27 South,
Range 15 East, Tietz Allotment, Anclote Road, in
Tarpon Springs, Florida.
2. Mrs. Male Carson, to replace an existing dock in the
Anclote River at Lot 4, Section 2, Township 27 South,
Range 15 East.
3. Boca Ciega Yacht Club, to construct a dock in Boca Ciega
Bay at Gulf port-by- the-Bay, Government Lots 1 and 2,
Sections 33 and 34, Township 31 South, Range 15 East.
4. Thomas J. Cichowicz, for improvements to an existing
marina (a seawall and docks for rental slips and
improved docking) in Smith's Bayou at Tract "A"
Witthoeft's Replat at Ozona.
All required exhibits including $100.00 processing fee for each
application were submitted. Staff recommended approval.
On motion made by Mr. Dickinson, seconded by Mr. Williams and
adopted without objection, the Trustees authorized issuance of
state commercial dock permit to each of the above applicants.
OSCEOLA COUNTY - The Central and Southern Florida Flood Control
District made application for
(A) Right of way easements for canal construction purposes
over several small parcels of the bottoms of lakes listed
as (1) a 12.95 acre parcel in Lake East Tohopekaliga in
Sections 7 and 18, Tov/nship 25 South, Range 31 East, and
(2) a 2.20 acre parcel in Lake Lizzie and Alligator Lake
in Section 11, Township 26 South, Range 31 East; and
(B) Temporary easement for spoil disposal purposes on a
5.0 acre parcel of the bottoms of Lake East lohopekaliga
in Section 7, Township 25 South, Range 31 East, to expire
March 1, 1969.
Motion was made by Mr. Williams, seconded by Mr. Dickinson, and
adopted without objection, that the Trustees grant the right of
way easements and temporary easement requested by Central and
Soutnern Florida Flood Control District.
PALI4 BEACH COUNTY - Motion was made by Mr- Dickinson, and adopted
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without objection, that the Trustees approve assignment of Purchase
Contracts 23401 and 23424 from Okeelanta Sugar Refinery, Inc., to
South Puerto Rico Sugar Company, Inc. Executed copy of assignment
and acceptance by the assignee had been filed in the Land Office.
PALM BEACH COUNTY - File 843-50-253.124. On motion by Mr. Dickin-
son, seconded and adopted without objection, the Trustees formally
approved the fill permit issued by the Town Council of the Town of
Hypoluxo by notice dated April 18, 1966, under the provisions of
Section 253.124 Florida Statutes, to Douglas H. Miller, the
successor in title to the 1.40 acre parcel of submerged land in
Lake Worth in Section 10, Township 45 South, Range 43 East, Palm
Beach County, conveyed by the Trustees under the above referenced
file number.
PINELLAS COUNTY - A bulkhead line reconfirmed on October 4, 1966,
by Pinellas County Water and Navigation Control Authority for the
Town of South Pasadena was listed on the agenda for consideration
by the Trustees, however the Staff suggested deferment for one
week in deference to requests from interested parties who would
like to be heard but were attending a local hearing on this date.
Governor Burns, with the concurrence of the other members, ordered
the matter deferred for one week.
REFUND - Motion was made by Mr. Dickinson, seconded and adopted
without objection, authorizing issuance of refund of $1,500.00 to
Alonzo Cothron, who had posted surety bond for Sand Lease No. 2227
in the amount of $2,000.00 replacing the cash bond of $1,500.00
received on October 20, 1959, for former sand lease.
BREVARD COUNTY - File 1917-05-253.12. Refund. Motion was made by
Mr. Dickinson, seconded by Mr. Williams and adopted, that the Board
authorize issuance of refund of $50.00 to Hall, Hartwell, Hall and
Canada, attorneys for Laurens C. Hare, et ux, et al, which amount
had been submitted and deposited as purchase application fee and
the application was subsequently withdrawn.
TRUSTEES' FUNDS - The Florida Industrial Commission submitted a
request through its General Counsel, Patrick H. Mears, for a loan
of $450,000.00 to be used to complete the new addition to their
building in Tallahassee (Caldwell Building), now under construction.
At the time the application was submitted it was with the under-
standing that if the loan was approved the Industrial Commission
would pay the $171,000 balance due to the Trustees on the outstand-
ing loan approved on November 12, 1963, to enable the Commission to
purchase property in Jacksonville for a new office site and parking
area. That loan was to be amortized within a period of 20 years
with interest at 3^. Subsequently Trustees' funds were advanced to
make that purchase in the amount of $190,000, and repayment on the
loan of $19,000 was made, leaving a present balance of $171,000.
Staff reviewed the application for loan of $450,000, and in recogni-
tion of the need for additional facilities that was set forth in
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the application from the Industrial Commission, Staff requested
approval of the loan conditioned upon amortization within a period
not to exceed 20 years at an interest rate to be approved by the
Trustees which would be comparable to the yield being received
on funds of the Trustees invested in short-term government securi-
ties. Further, Staff recommended that the loan be conditioned
upon repayment of the $171,000 above referred to, and review and
approval by the office of the Attorney General of the loan and
the agreement to be executed between the Trustees and the Industrial
Commission. The Director said that representatives of the Trustees'
office and the Industrial Commission were working with the office
of the Attorney General on the matter.
Motion was made by Mr. Williams, seconded and adopted unanimously,
that the Trustees approve a loan in an amount not to exceed
$450,000 to the Florida Industrial Commission for completion of
the new addition to their building in Tallahassee, with interest
at 4.5% and with the loan agreement to be in accordance with terms
and conditions as approved by the office of the Attorney General.
TRUSTEES ' FUNDS - Capitol Center. On September 13, 1966, the
Trustees authorized acquisition of five parcels of property in the
newly enlarged capitol center area which was made available for
purchase. Subsequently, two additional owners offered their
properties for sale, which were appraised by the Staff Appraiser.
Staff reviewed the appraisal on the two parcels of land and
determined that the purchase prices asked by the owners were
within the framework of previously established policy with respect
to acquisition of capitol center property, and recommended purchase
of
Lot 46 in Block 4 of Capital Place Subdivision, and Lots
70, 71, 72 and 73 of Block 3 of Capital Place Subdivision,
owned by J. W. Dawsey, Jr., and G. M. James, Sr . , for
purchase price of $40,175.00; and
Lot 20 of Lots 243 and 244 Capital Place Subdivision 1,
Old Plan of the City of Tallahassee, owned by Mrs. Reuben
Vickers, for purchase price of $12,000.00.
On motion by Mr. Dickinson, seconded and adopted unanimously, the
Trustees authorized the acquisition of the property described
above for the recommended purchase prices, for the capitol center.
TRUSTEES ' FUNDS - At the Governor's request, the Staff Appraiser
made an appraisal of the parcel of land at the northeast corner
of the intersection of Duval and Georgia Streets, fronting 65
feet on Duval Street and 130 feet on Georgia Street, described
as the South 65 feet of Lot 175 in North Addition City of Talla-
hassee, Township 1 North, Range 1 West, Leon County. The owner,
Mrs. T. W. Strickland, had agreed to sell for the appraised
value of $15,000.
The Staff requested authority to expend Trustees' funds for the
purchase of the parcel which is in the block south of the
Governor's Mansion and contiguous to property already purchased
by the Trustees.
Motion was made by Mr. Williams, seconded and adopted without
objection, that the Trustees authorize purchase of the parcel for
$15,000 from funds of the Trustees of Internal Improvement Fund.
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ELLIOT BUILDING - Trustees' Funds. Motion was made by Mr. Dickin-
son, seconded and adopted without objection, that the Staff invite
bids for cleaning and painting the exterior of the Elliot Building,
for which specifications were drafted with advice from the
Construction Division, Board of Commissioners of State Institutions,
and payment would be made from budgeted funds for the work.
SUBJECTS UNDER CHAPTER 18296
MURPHY ACT REPORT - Report No. 895 was presented, listing County
of Volusia Quitclaim Deed No. 2032-Duplicate to W. R. McElroy and
W. W. Sterling, to be issued in lieu of a quitclaim deed to the
same grantees dated May 27, 1948, which was lost prior to recording
in the Public Records of Volusia County.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and duly
adopted, that issuance of the duplicate quitclaim deed be approved.
REFUND - Upon motion adopted without objection, the Trustees
authorized refund of the amount of $10.00 to Thomas A. Horkan, Jr.,
who had withdrawn his application for release of state road right
of way reservation contained in Dade County Murphy Act Deed No.
2110.
On motion duly adopted, the meeting was adjourned.
ATTEST;
C2^^/^.(^^!^
DIRECTOR - SECRETARY
*** *** ***
Tallahassee, Florida
November 22, 1956
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Haydon Burns Governor
Fred O. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Robert C. Parker Director
BROWARD COUNTY - File No. 1387-06-253.12. The Trustees, after
deferment on September 27 and October 4, authorized advertisement
for objections only on October 11, 1966, of a tract of sovereignty
land in New River Sound in Section 25, Township 50 South, Range
42 East, 44.1 acres, more or less, in the City of Hollywood in
Broward County, lying easterly of Government Lots 2, 3 and 4 of
said Section 25 and westerly of Government Lots 1 and 5 of said
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Section 25, less those parcels in New River Sound formerly conveyed
by the Trustees to the owners of all lots in Seabreeze Estates
and Seabreeze Estates South Addition, being subdivisions of
Government Lot 5. Application was made by W. D. Horvitz, Presi-
dent of Hollywood, Inc., the abutting upland owner, and offer of
$350.00 per acre was approved by the Staff Appraiser. Notice of
sale was published in the Sun-Tattler, Hollywood, Florida, proof
of publication filed, and several objections to the sale were
received.
Mr. John U. Lloyd, Broward County Attorney, forwarded telegram
dated November 18, 1966, which was received November 21, advising
that the Board of County Commissioners had reaffirmed their Resolu-
tion of 1953 requesting the Trustees to convey for public beach
and park purposes sovereignty land in New River Sound. A review
of the Trustees' files showed that the Board on January 19, 1954,
took note of such Resolution from the county and authorized con-
veyance of the area to Broward County for public purposes only;
however, this action was rescinded on February 23, 1954, in order
that rights of the adjacent riparian owners might be determined.
Subsequently, the Trustees authorized sale to the adjacent riparian
owners of the submerged bottoms of New River Sound out to the
center of the stream along the eastern shore of the area which
constitutes roughly one-half of the north and south area included
in the subject application. Sales to said upland owners had been
completed, and the subject application had reference to the
remaining one-half of the submerged area adjacent to sales already
made, and to all of the submerged bottoms of New River Sound in the
N^s of Section 25.
In recognition of the policy heretofore established by the Trustees
concerning the submerged bottoms of New River Sound, the Staff
felt that it would be improper to adopt a new policy with respect
to the submerged bottoms of New River Sound in the light of the
history of the area. Staff recommended that the sale be confirmed.
Mr. Dickinson said that he and Mr. Williams had been advised by
members of the County Commission and the Legislative group that
the matter can be worked out locally if the Trustees would give
them time to work out differences. The Director said the county
had not expressed this to the Staff, that there is county-owned
land northward from the application area, and in his opinion it
would be impractical and in violation of riparian owners' rights
to convey land to the county in the application area. Mr. Stanley
M. Beckerman, attorney for the applicant, said they had not been
contacted and he knew of no effort to work out any problem. He
and Mr. Bart Cohen were present to be heard by the Trustees on
behalf of Hollywood, Inc.
Governor Burns said that on two previous occasions the Board was
contacted just before the cabinet meeting and asked to defer the
matter, that on October 11 advertisement was authorized, and now
the Board was again asked to defer action. With apology to the
parties present on behalf of the applicant, he directed that the
application be deferred for one week.
It was so ordered.
CHARLOTTE COUNTY - File No. 1806-08-253.12. On October 11, 1966,
the Trustees considered application from Harvey L. Hobbs, abutting
upland owner, who offered the appraised price of $151.22 per acre
for a tract of sovereignty land in Charlotte Harbor in Sections
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25 and 36, Township 42 South, Range 22 East, and Section 30, Town-
ship 42 South, Range 23 East, lying westerly of and abutting the
mean high water mark boundary of said Fractional Sections 30, 25
and 36, landward of the established bulkhead line. Notice of sale
was published in the Charlotte Herald News, proof of publication
filed, and several objections were received based on possible
damage to natural resources.
The Board of Conservation report was not favorable, concluding that
there should be a review of the bulkhead and meander lines, and
that if the application was approved the navigation channels to
provide access to areas to be developed should be reduced to 100
feet wide. Bulkhead lines were set by the county in 1957 to be
"the official government survey line, ownership line, or the man-
grove, beach or bank line of said property, whichever extends the
farthest into said waters, plus 500 feet."
By letter of November 17, 1966, Honorable M. T. (Ted) Randell and
Honorable J. Lorenzo Walker, State Representatives for the Charlotte,
Collier, Glades, Hendry and Lee District, raised certain questions
with respect to the damage that would be inflicted on marine values
and suggested that the sale be postponed until the County Commis-
sioners of Charlotte County could review this particular application
as well as the location of bulkhead lines in this area and make a
determination as to what official position they should take. Lee
County Conservation Association and members of Greater Pine Island
Civic Association expressed similar objections.
The Staff recommended deferment in view of the objections, and that
the Chairman of the Board of County Commissioners of Charlotte
County be notified and asked to review this application and the
location of the bulkhead lines in the general area, and advise the
Staff of the result of such a review.
Motion was made by Mr. Dickinson, seconded and adopted without
objection, that the Trustees defer confirmation of sale for a
period of three (3) weeks, and that the Board of County Commis-
sioners be notified of this action and requested to review this
particular application as well as the bulkhead lines heretofore
established by the Commission in this general area, and requested
to advise the Staff so that this application might be given further
consideration by the Trustees in the light of the result of such
a review.
MANATEE COUNTY - File No. 1902-41-253.12. On October 4, 1966, the
Trustees considered application from Jerome V. Ansel, abutting
upland owner, who offered $700.00 per acre, reported by Staff
Appraiser, for purchase of a parcel of submerged land in Sarasota
Bay in Section 25, Township 35 South, Range 16 East, 6.4 acres in
the Town of Longboat Key landward of the established bulkhead line.
Notice of sale was published in the Bradenton Herald, proof of
publication filed and no objection received.
On motion by Mr. Dickinson, seconded and adopted without objection,
the Trustees confirmed the sale of Manatee County land.
MONROE COUNTY - File No. 1904-44-253.12. On October 4, 1966, the
Trustees considered application from Arthur B. Lujan and wife,
abutting upland owners, with offer of $300.00 per acre, approved
by the Staff Appraiser, for a parcel of submerged land in the Bay
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of Florida in Section 26, Township 67 South, Range 25 East, contain-
ing 62.09 acres, more or less, lying northwesterly of Raccoon Key
in Monroe County. Notice of sale was published in the Key West
Citizen, proof of publication filed and no objection received.
On motion by Mr. Dickinson, seconded and adopted without objection,
the Trustees confirmed the sale.
MONROE COUNTY - File No. 1906-44-253.12. On October 4, 1966, the
Trustees considered application from Joseph B. Albury and wife,
abutting upland owners, with offer of $300.00 per acre, approved
by the Staff Appraiser, for a parcel of submerged land in tlie
Straits of Florida in Section 6, Township 62 South, Range 39 East,
0.93 acre, more or less, at Key Largo in Monroe County. Notice of
sale was published in the Key West Citizen, proof of publication
filed and no objection to the sale was received.
On motion by Mr. Dickinson, seconded and duly adopted, the
Trustees confirmed the sale.
MONROE COUNTY - File No. 1907-44-253.12. On October 4, 1966, the
Trustees considered application from Robert R. Soellner and wife,
abutting upland owners, with offer of $300.00 per acre, price
approved by the Staff Appraiser, for purchase of a parcel of sub-
merged land in the Bay of Florida in Section 6, Township 62 South,
Range 39 East, 0.79 acre, more or less, at Key Largo in Monroe
County. Notice of sale was published in the Key West Citizen,
proof of publication filed and no objections received.
Motion was made by Mr. Dickinson, seconded and adopted without
objection, that sale of the advertised parcel be confirmed.
MONROE COUNTY - File No. 1914-44-253.1.2. On October 11, 1966, the
Trustees considered application from the United States of America
for purchase of two (2) parcels of submerged land in Section 22,
Township 67 South, Range 26 East, at Big Coppitt Key, containing
a total of 0.40 acre, more or less, in Monroe County. Notice of
sale was published in the Key West Citizen, proof of publication
filed and no objections received.
Motion was made by Mr. Dickinson, seconded and adopted without
objection, that sale of the advertised parcels be confirmed in
favor of the United States of America at $225.00 per acre or
$100.00 minimum in this instance.
MONROE COUNTY - File No. 1883-44-253.12. On October 4, 1966, the
Trustees considered application from Jack M. Phillips on behalf of
Rudolph M. Wylk and wife, abutting upland owners, with offer of
$425.00 per acre, approved by Staff Appraiser, for purchase of a
parcel of submerged land in Cow Key Channel in Section 35, Township
67 South, Range 25 East, 0.50 acre at Stock Island lying southerly
of and abutting Lots 25 and 26 of Sun Krest Subdivision as recorded
in Plat Book 1, Page 107, Public Records of Monroe County, Florida.
Notice of sale was published in the Key West Citizen, proof of
publication filed.
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K. A. West and G. T. DeLaporte filed objections based on drainage
questions. in recommending former sales made in the area since
1955, the Staff anticipated leaving ample submerged land between
the southerly limit of sales and a street right of way easement
to take care of any drainage to the east. The subject sale would
complete blocking up the parcels to the north. Staff recommended
that the sale be confirmed.
On motion by Mr. Dickinson, seconded and adopted unanimously, the
Trustees overruled the objections and confirmed sale of the adver-
tised parcel to the riparian owners.
DADE COUNTY - File No. 1920-13-253.12. James M. Albert, Trustee
for Mount Sinai Hospital of Greater Miami, Inc., a Florida corpora-
tion, agreed to a token payment of $100.00 per acre for conveyance
of a tract of submerged land in Biscayne Bay in Sections 21, 22,
27 and 28, Township 53 South, Range 42 East, in the City of Miami
Beach within the established bulkhead line, containing 17.10 acres
to be used for hospital purposes only. The tract abuts the two
parcels of submerged land conveyed by the Trustees to the hospital
on March 25, 1959. Applicant offered a token payment of $100.00 per
acre.
On motion by Mr. Dickinson, seconded and adopted, the Trustees
authorized advertisement of the parcel for objections only.
DADE COUNTY - File No. 1034-13-253.12. On November 15, 1966, the
Trustees authorized advertisement for objections only of a tract of
25.8 acres of submerged land in Biscayne Bay for which Helliwell,
Melrose and DeWolf on behalf of Paul L. E. Helliwell, Trustee,
offered the appraised price of $1,800.00 per acre. The Trustees
also approved the applicant's request for disclaimer of 1.9 acres
of land which, because of technical difficulties, the applicant now
desires to purchase at the appraised price. Staff recommended
advertisement of the total area of 27.7 acres for objections only.
On motion by Mr. Dickinson, seconded and adopted, the Trustees
authorized advertisement of 27.7 acres for objections only, amend-
ing the action at the previous meeting.
DADE COUNTY - Staff recommended approval of the following assignments
of Oil and Gas Lease No. 1939-1939-S dated September 24, 1963, of
24,840 acres of land in Dade County: Re-assignment of lease from
Barnett Serio to Wendell L. Roberts, original lessee; Assignment of
lease from Wendell L. Roberts to R. W. Kuzmich; and Assignment of
lease from R. W. Kuzmich to RK Petroleum Corporation. Executed
copies of above assignment instruments and acceptance on the part of
assignee have been filed in the Land Office.
Title to the land involved was in the Trustees of the Internal
Improvement Fund and in the State Board of Education. Approval
was granted by the latter Board on this date.
On motion by Mr. Dickinson, seconded and adopted, the Trustees
approved the above mentioned assignments of Lease No. 1939-1939-S.
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HARDEE COUNTY - John W. Burton, attorney, requested a disclaimer
of the sH of SE^ of Section 10, Township 33 South, Range 25 East,
Hardee County, for the reason that Trustees Deed No. 11664 dated
February 3, 1883, issued to Florida Land and Improvement Company
was dated prior to the filing of the corporation's articles.
Staff recommended issuance of an ex parte disclaimer for handling
charge of $10-00, disclaiming any interest of the Trustees in the
subject property arising out of Deed No. 11664.
Motion was made by Mr. Dickinson, seconded and duly adopted, that
ex parte disclaimer be issued as recommended.
LEE COUNTY - File No. 1832-36-253.124. Motion was made by Mr.
Williams, seconded and adopted without objection, that the Trustees
formally approve the fill permit issued by the Board of County
Commissioners of Lee County in meeting November 9, 1966, under the
provisions of Section 253.124 Florida Statutes, to Tringali Packing
Co., the long-term lease holder of the two parcels of submerged
land in Matanzas Pass in Section 19, Township 46 South, Range 24
East, conveyed by the Trustees under the above referenced file
number, containing 0.95 acre.
LEE COUNTY - Protein Products Corporation submitted application for
state permit to construct a dock for docking and unloading of com-
mercial fishing vessels in Charlotte Harbor at applicant's upland
property in Section 1, Township 43 South, Range 22 East, in Lee
County. Also, applicant desired to dredge a navigation channel,
which was approved by the Florida Board of Conservation. All
required exhibits including $100.00 processing fee were submitted,
and Staff recommended approval.
On motion by Mr. Williams, adopted without objection, the Trustees
approved the application.
PINELLAS COUNTY - Bulkhead Line. At the request of the Pinellas
County Water and Navigation Control Authority, the Trustees
removed from the agenda the item concerning a bulkhead line set
in 1963 in Boca Ciega Bay for the Town of South Pasadena. By
telephone call from Mr. Doug Carter, confirmed by telegram from
Mr. J. Floyd Glisson, the Authority requested that the matter be
referred back for further consideration in Pinellas County.
HENDRY COUNTY - Mr. John i. Jacobson of the law firm of McCune,
Hiaasen, Crum and Ferris, as attorney for and on behalf of Gerber
Groves Water Control District, requested approval by the Trustees,
in their official capacity as the Board of Drainage Commissioners
of the State of Florida, pursuant to Section 298.47 Florida
Statutes, of an additional issue of $80,000.00 in drainage bonds
to effectuate the Plan of Reclamation to be known as Gerber Groves
Section Two, including approximately 2,000 additional acres in the
enlarged District. On November 2, 1965, the Trustees approved
the issuance of bonds in the amount of $88,000.00 by said District
in Hendry County.
Motion was made by Mr. Williams, seconded and adopted unanimously,
that the Trustees, sitting as the Board of Drainage Commissioners
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of the State of Florida, pursuant to Section 298.47, grant approval
of an additional issue of $80,000.00 in draina^je bonds to effec-
tuate Gerber Groves Section Two Plan of Reclamation.
TRUSTEES' FUNDS - Motion was made by Mr. Williams, seconded and
adopted unanimously, that funds of the Trustees of Internal Improve-
ment Fund in the amount of $20,800.00 be transferred to the State
Board of Antiquities, to provide additional funds for the salvage
patrol .
MONROE COUNTY - Refund. On December 28, 1953, the Trustees
executed Purchase Contract No. 20575 to F. P. Sadowski Corp.
covering a group of five mangrove islands known as the "Tarpon
Belly Keys" in the Bay of Florida in Section 5, Township 66 South,
Range 28 East, Monroe County, containing 13.0 acres. On July 20,
1955, Deed No. 20575 was issued conveying said islands. Subsequent
to the date of the deed, the Bureau of Land Management of the United
States Department of Interior completed a survey of a portion of
one of the group of islands containing 4.63 acres and classified
the area as Public Domain, title of which was in the United States
of America. As this parcel was within the Great White Heron
Refuge, it could not be conveyed by the United States.
Staff requested authority to refund to F . P. Sadowski the amount
of $736.81, being the total amount of his investment in the 4.63
acre parcel.
On motion by Mr. Dickinson, unanimously adopted, the Trustees
authorized refund of $736.81 to F. P. Sadowski.
SUBJECTS UNDER CHAPTER 18296
On motion by r4r. Dickinson, unanimously adopted, the Trustees
approved Report No. 896 listing County of Polk Deed No. 99-Corrective
to A. C. Wright, Jr., to be issued in lieu of Polk County Deed No.
99 dated September 16, 1940, to T. C. Turner who was deceased on
the date of the original Murphy Act deed, which deed is now reported
to be lost and not recorded.
On motion duly adopted, the meeting was adjourned.
GOVERNOftJ!^ - CHAIRMAN
ATTEST: I ^/^^!^^ ^ C^^O^
DIRECTOR - SECRETARY
*** *** ***
11-22-66
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Tallahassee, Florida
November 29, 1966
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Haydon Burns Governor
Fred O. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Earl Faircloth Attorney General
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
The minutes of the meetings of November 15 and 22, 1966, were
approved as presented.
BROWARD COUNTY - File No. 1387-06-253.12. Deferred last week for
hearing on this date was the confirmation of sale to W. D. Horvitz,
President of Hollywood, Inc., abutting upland owner, who offered
$350.00 per acre, the value approved by the Trustees' Staff Appraiser,
for purchase of a tract of sovereignty land in New River Sound in
Section 25, Township 50 South, Range 42 East, 44.1 acres, more or
less, in the City of Hollywood in Broward County lying easterly of
Government Lots 2, 3 and 4 of said Section 25 and westerly of
Government Lots 1 and 5 of said Section 25, less those parcels of
New River Sound formerly conveyed by the Trustees to the owners of
the Seabreeze subdivision lots in Government Lot 5.
The Director said that County Attorney John U. Lloyd, Mr. Horvitz
and others were present. At a conference in the Trustees' office
on this date, Mr. Lloyd on behalf of Broward County protested the
sale as contrary to the public interest and contested the findings
of the engineering drawings in the application file with respect
to the existence of any upland property known as Government Lot 1,
North one-half, on the East side of New River Sound. The Director
said that in the early 1950 's the Trustees gave recognition to a
semblance of title in the area, processed approximately 30 applica-
tions and executed deeds to one-half of New River Sound now
considered as the lower half, to the owners of all lots in Seabreeze
Estates and Seabreeze Estates South Addition, subdivisions of
Government Lot 5. He advised that the title report showed the
applicant as owner of a remnant of Government Lot 1, and after care-
ful study of the information and survey maps in the file the Staff
had recommended the current application based on what was deemed to
be survival of title.
However, in the light of the conference held this morning, which
was attended by representatives of some of the Trustees, the Staff
now recommended confirmation of sale of the Westerly half of the
Sound and deferment of sale of the North one-half as to the Easterly
half of New River Sound for 90 days to give the county an oppor-
tunity to have a survey made to determine the existence or non-
existence of an upland remnant. There had been extensive erosion
in the area in the 1950 's.
Mr. Lloyd said that the map used for the application was not a
certified, signed survey and no actual survey had been made since
1870, that the erosion noted twenty years ago had continued, that
the drawing was inaccurate in showing the Atlantic Ocean East of
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the property as the lots had completely eroded away and the ocean
was West of Government Lot 1 and bordered the West half of New
River Sound, that the Trustees would be selling ocean-front property.
Without a survey which Broward County offered to have made at its
own expense, Mr. Lloyd said the Board could not make a proper deter-
mination. Broward County had directed Mr. Lloyd to urge deferment
for ninety days for the county to have the very difficult survey
made and furnished to the Trustees. Mr. Lloyd said the county had
not received notice of the sales and that the former Trustees might
have made an error in selling the land.
Motion was made by Mr. Faircloth, and seconded by Mr. Williams,
that the matter be postponed for ninety days.
During the discussion that followed, Governor Burns pointed out
that five times the application had been on the agenda, that nothing
was heard from Broward County to explain the requests for delay made
from time to time to various members except the recent statement
that the county took the same position it took thirteen years ago.
Precedent was established by the sales approved and deeds issued
by previous Trustees, who no doubt had the counsel of the county
at the time. Trustees' office records showed that notice of the
current application was sent to the county by certified mail. The
Governor said that last week when the Board deferred action, a
commitment was made to have a full and complete hearing on this
date and to endeavor to make a decision. Therefore, he asked that
the motion for deferment be voted down and the parties present be
given a hearing.
Attorney General Faircloth said that whenever the Board could
receive information from any source before action to dispose of
land of the State, he felt it was not too late and technicalities
should not stand in the way. He was concerned about transfer of
State land without overall zoning and policies.
Commissioner Conner offered as an amendment to the motion that the
Trustees defer action until a survey could be made by the county as
quickly as possible, not to exceed ninety days. He said that he
did not object to hearing those present at this time.
Since it was necessary for Mr. Dickinson and Mr. Williams to leave
the meeting at three o'clock, and they would not want to leave
before voting if a vote was to be taken, it appeared that final
decision could not be made on this date. However, the Trustees
granted to the applicant time to make a statement.
Mr. Horvitz said that the survey plat exhibited to the Board was
prepared in 1963 and had been shown to representatives of the county,
that the county had not objected to sale of the lots in Seabreeze,
which was the same situation as the Hollywood, Inc., application.
The county in 1962 withdrew objections to sale in the area, as
shown by a letter in the Trustees' files. He said the information
was clear, a survey would not show anything different, that the
county had had sufficient time to study the application but time
after time had caused delay for some reason, and that purely specu-
lation and delay methods were presented.
Mr. Bart Cohen said he represented ninety per cent of the owners of
Seabreeze Estates property which was useless and v/ithout access.
He was present to indicate to the Board the acquiescence and consent
of the Seabreeze owners. He called the Sound a little dribble blocked
off by grade level bridges at both ends which boats could not get
through. His clients saw nothing different today from the 1953
situation, when the county had resisted their applications but the
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Trustees had issued some 29 deeds based on ownership of remnants
of upland property.
Closing the discussion, the Governor asked for a vote on the amended
motion that the Trustees defer action for a period of time, not to
exceed ninety days, to give the county an opportunity to furnish
a survey as quickly as possible.
Upon vote, the motion was adopted unanimously.
The following three (3) applications were presented from abutting
upland owners who desired to purchase submerged lands:
1. BREVARD COUNTY - File No. 1899-05-253.12. C. R. McCotter, Sr.,
and wife, abutting upland owners, offered $1,500.00 per acre,
the value reported by the Staff Appraiser, for a parcel of
submerged land in the Indian River in Section 3, Township 22
South, Range 35 East, containing 1.09 acres, more or less, in
the City of Titusville landward of the established bulkhead
line in Brevard County.
2. MANATEE COUNTY - File No. 1935-41-253.12. Leo Mills and
Associates, for Hugo R. Greisen and wife, the abutting upland
owners, offered $800.00 per acre, value approved by the Staff
Appraiser, for a parcel of submerged land in the Manatee
River in Section 20, Township 34 South, Range 17 East,
containing 0.50 acre, more or less, landward of the estab-
lished bulkhead line in Manatee County.
3. MONROE COUNTY - File No. 1938-44-253.12. Phillips Surveying,
on behalf of Timothy Charles and Company, the abutting upland
owner, offered $1,000.00 per acre, value approved by the Staff
Appraiser, for a parcel of submerged land in Key West Bight
abutting uplands on the Island of Key West containing 1.24
acres in Monroe County.
Motion was made by Mr. Faircloth, seconded and adopted without
objection, that the land in the above three applications be
advertised for objections only.
PALM BEACH COUNTY - The Staff recommended approval of a comprehen-
sive bulkhead line along the Jupiter River, Loxahatchee River,
Intracoastal Waterway, Jupiter Creek and Florida East Coast Canal
within the corporate limits of the town, established by the Town
Commission of the Town of Jupiter by Ordinance No. 9-66 adopted
October 18, 1966. All required information and exhibits were filed
and no local objections were reported. The Board of Conservation
offered no objections, reported it to be a most conservative line.
Motion was made by Mr. Dickinson, seconded and adopted unanimously,
that the Trustees formally approve the bulkhead line established
by tlie Town of Jupiter on October 18, 1966.
LAKE COUNTY - Arthur Mercer applied for a permit for removal of
500 cubic yards of fill material from Lake Gertrude. All required
exhibits were submitted, including $25.00 payment for the fill
material. The Florida Game and Fresh Water Fish Commission
reviewed the application and waived objection, providing standard
stipulations are included in the permit. Staff recommended
approval.
11-29-66
- 107 -
On motion by Mr. Dickinson, seconded and adopted without objection,
the Trustees authorized issuance of the permit.
HILLSBOROUGH COUNTY - File No. 1600-29-253.124. On October 11, 1966,
the Trustees formally approved fill permit issued by the Board of
County Commissioners of Hillsborough County under the provisions of
Section 253.124 Florida Statutes, to Elsberry Development Corpora-
tion to fill the 228 acres of submerged land in Tampa Bay in Sections
9 and 10, Township 31 South, Range 19 East, conveyed by the Trustees
under the above file number. Because of certain modifications and
revisions in the layout of the area to be filled, the Board of
Commissioners on November 16, 1966, issued a revised permit. Staff
recommended approval of the revised permit.
On motion by Mr. Dickinson, seconded and adopted without objection,
the Trustees approved the revised fill permit issued by Hills-
borough County.
MONROE COUNTY - The Florida Keys Aqueduct Commission, a public
agency of the State of Florida, by Resolution No. 66-23 adopted on
November 15, 1966, made application for dedication of 7.95 acres of
submerged land in the Straits of Florida in Section 35, Township 67
South, Range 25 East, Stock Island, to be used for public purposes
only in connection with a desalination plant.
Motion was made by Mr. Dickinson, seconded and adopted unanimously,
that the Trustees grant the request of the Florida Keys Aqueduct
Commission for dedication of the parcel of submerged land for
public purposes only, for the desalination plant.
ORANGE AND OSCEOLA COUNTIES - Upon motion by Mr. Dickinson, seconded
and adopted unanimously, the Trustees granted request of the Central
and Southern Florida Flood Control District for right of way ease-
ments for canal construction purposes over several small parcels
of the bottoms of lakes listed as (1) a 4.53 acre parcel in Fells
Cove in Section 5, Township 25 South, Range 31 East and (2) a 3.0
acre parcel in Lake Hart in Section 28, Township 24 South, Range
31 East, and (3) a 3.3 acre parcel in Lake Joel in Section 30,
Township 25 South, Range 32 East, and (4) a 1.7 acre parcel in
Trout Lake in Section 1, Township 26 South, Range 31 East, the
parcels being in Orange and Osceola Counties.
TRUSTEES' OFFICE - Printing. On motion by Mr. Dickinson, duly
adopted, the Trustees authorized the advertisement for sealed bids
for printing 500 copies of bulkhead information booklet for the
Trustees' office.
Also, the following bids were reported for printing stationery and
notice forms for use in the office:
Storter Printing Company, Gainesville $209.00
Precision Printing Company, Inc., Tallahassee 222.50
Van Norren Printers, Jacksonville 225.50
The Drummond Press, Jacksonville 230.46
Capital Printing Company, Tallahassee 268.45
Rose Printing Company, Tallahassee 349.00
11-29-66
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Motion was made by Mr. Dickinson, seconded and adopted without
objection, that the low bid of $209.00 by Storter Printing
Company be accepted.
TRUSTEES' BUILDING - Staff recommended acceptance of the lowest
of the following bids received for repairing and painting the
exterior of the Elliot Building:
J. W. Gaskins $797.00
P. O. Riley 917.00
Richard E. Kausch 1,123.00
Frosty McVay 1,725.00
Motion was made by Mr. Dickinson, seconded and adopted without
objection, that the low bid of $797.00 by J. W. Gaskins be accepted,
SUBJECTS UNDER CHAPTER 18296
On motion by Mr. Dickinson, seconded and adopted without objection,
the Trustees approved Report No. 897 listing 1 regular bid for
sale of Murphy Act land in Baker County, and authorized execution
of deed pertaining thereto.
BREVARD COUNTY - Thomas E. Thoburn, attorney, on behalf of
Canaveral Steel Corporation, requested waiver of the usual regula-
tions as to size limitation for release of the oil and mineral
rights reserved in Brevard County Murphy Act Part Deed No. 762
dated September 6, 1944, affecting a two-acre parcel of land in
Section 13, Township 23 South, Range 35 East, in Brevard County,
for use as a site for an office building, other facilities, and
parking area.
Under the statutory provisions, the whole area might not be
considered to be a building site, but the Staff considered that
for payment of $40.00 the State of Florida would be compensated
for the oil and mineral interest.
Motion was made by Mr. Dickinson, seconded and adopted, that the
Trustees authorize release of the oil and mineral rights of the
State of Florida in the parcel described, upon payment of $40.00.
On motion duly adopted, the meeting was adjourned.
GOVERW^R - ^eHAIRMAN
ATTEST:
C2^.^ f, /^^
DIRECTOR - SECRETARY
*** *** ***
11-29-66
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Tallahassee, Florida
December 6, 1966
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Haydon Burns Governor
Fred 0. Dickinson, Jr. Comptroller
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
The minutes of the meeting of November 29, 1966, were approved
as submitted.
BREVARD AND PALM BEACH COUNTIES - The following three (3) applica-
tions were presented from abutting upland owners who desired to
purchase submerged lands:
1. BREVARD COUNTY - File No. 1894-05-253.12. Grusenmeyer & Asso-
ciates, for Poe Investment, Inc., the abutting upland owner,
offered $1,500.00 per acre, the value reported by the Staff
Appraiser, for purchase of a parcel of submerged land in the
Indian River in Section 34, Township 21 South, Range 35 East,
and Section 3, Township 22 South, Range 35 East, in the City
of Titusville landward of the established bulkhead line, •
containing 9.376 acres in Brevard County.
2. BREVARD COUNTY - File No. 1895-05-253.12. Grusenmeyer & Asso-
ciates, for Edward G. Nelson, the abutting upland owner,
offered $1,500.00 per acre, the value reported by the Staff
Appraiser, for purchase of a parcel of submerged land in the
Indian River in Section 3, Township 22 South, Range 35 East, in
the City of Titusville landward of the established bulkhead line
containing 3.18 acres in Brevard County.
3. PALM BEACH COUNTY - File No. 1936-50-253.12. Brockway, Owen
and Anderson Engineers, for Frank G. Richert, the abutting
upland owner, offered $1,401.00 per acre, the price approved
by the Staff Appraiser, for purchase of a parcel of submerged
land in Lake Worth in Sections 3 and 4, Township 43 South,
Range 43 East, in the City of West Palm Beach landward of the
established bulkhead line, containing 0.161 acre in Palm Beach
County.
Motion was made by Mr. Conner, seconded and unanimously adopted,
that the land in the above three applications be advertised for
objections only.
COLLIER COUNTY - Presented to the Trustees with recommendation for
approval was a bulkhead line established by the Board of County
Commissioners of Collier County on November 12, 1963, located along
the northerly and southerly banks of Henderson Creek in Section 9,
Township 51 South, Range 26 East, Collier County. All required
exhibits were furnished and there were no objections at the local
level or filed in the Trustees' office.
On motion by Mr. Dickinson, seconded and unanimously adopted, the
Trustees formally approved the bulkhead line.
12-6-66
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MANATEE COUNTY - File No. 1941-41-253.12(1) Williaa C. Grimes
made application on behalf of Marina Villa, Inc., for conveyance
under the provisions of Section 253.12(1) Florida Statutes, of
a parcel of sovereignty land in Palma Sola Bay in Section 2, Town-
ship 35 South, Range 15 East, Manatee County, containing 1.3 acres
which was filled siibsequent to May 29, 1951, and prior to June 11,
1957. The applicant offered the appraised value of the submerged
land as it existed prior to filling, $200.00 per acre. Staff
recommended approval.
Motion was made by Mr . Dickinson, seconded and adopted without
objection, that the Trustees authorize issuance of appropriate
instrument of conveyance.
PINELLAS COUNTY - Pinellas County Water and Navigation Control
Authority made application on behalf of Sanford D. Averett, Jr.,
for a state commercial dock permit authorizing construction of
covered boat slips and a dock in St. Josephs Sound at the applicant's
upland property described as part of Block 6 in the Town of Ozona,
formerly known as Yellow Bluffs, in Pinellas County. All required
exhibits, including $100.00 processing fee, were submitted and the
Staff recommended approval.
On motion by Mr. Conner, seconded and adopted without objection,
the Trustees authorized issuance of commercial dock permit to the
applicant.
TRUSTEES ' FUNDS - Capitol Center. The Staff was advised by the
Director of Capitol Center Planning Committee that Tallahassee City
Lot 250 Original Plan of the City of Tallahassee, owned by the
heirs of John A. demons, was available for purchase. Negotiations
had been under way by representatives of this agency and the office
of the Attorney General to acquire the property, but without
success. A recent appraisal in depth was made by the Staff Appraiser.
The owners indicated a willingness to sell for $224,000.00, which
was not in excess of the appraisal value recently set, and on this
date the Staff requested authority to expend Trustees' funds to
acquire the demons property, subject to approval of the title by
the Attorney General and the handling of any legal questions that
might be involved in this transaction.
The Director said that only one parcel would remain in that block,
after purchase of the demons property. Suggestions were made that
parking space and buildings might be used by the State in this
expanded capitol center area.
Motion was made by Mr. Dickinson, seconded and adopted without
objection, that Trustees' funds in the amount of $224,000.00 be
made available for acquisition of the parcel, subject to approval
of title and handling of any legal questions by the office of the
Attorney General.
TRUSTEES ' FUNDS - On October 4, 1966, the Trustees approved the
expenditure of Trustees' funds in the amount of $19,820.00 for
construction of a new greenhouse at the Governor's Mansion, to be
built in the block immediately south of the mansion property. Sub-
sequently, Mr. Terry C. Lee, Coordinator for the Board of Commis-
sioners of State Institutions, advised the Trustees' office that
after the award of the original contract in the amount of $19,820.00,
it was determined that a more substantial foundation would be
required. A contract for construction of the greenhouse was let
for the sum of $18,840.00, and request was made for an additional
sum of $4,250.20 from the Trustees to be used for a more substantial
12-6-66
- Ill -
foundation and for extending piping for gas, water and electricity
for the greenhouse .
Motion was made by Governor Burns, seconded by Mr. Dickinson and
adopted without objection, that Trustees' funds be granted in the
additional amount requested, which would make a total amount of
$23,090.20 for the greenhouse project for the Governor's Mansion.
SUBJECTS UNDER CHAPTER 18296
INDIAN RIVER COUNTY - John R. Gould, Attorney, on behalf of D. Victor
Knight and Lloyd S. Knight, as Executors of the Last Will and Testa-
ment of John M. Knight, deceased, requested that the Trustees waive
the usual regulations as to size limitation for release of oil,
mineral and fissionable material rights reserved in Indian River
County Murphy Act Deed No. 919 dated April 15, 1952, for approxi-
mately six (6) acres of land in Tract 11, Section 3, Township 33
South, Range 38 East, Indian River County, for the parcel to be
used as a site for a motel, office, restaurant and parking area.
Under the statutory provisions the whole area might not be considered
a building site, but the Staff felt that for a consideration of
$120.00 the State of Florida would be compensated for the oil,
mineral and fissionable material interest.
Motion was made by Mr. Dickinson, seconded and adopted without
objection, that the oil, mineral and fissionable material interest
be released by appropriate instrument upon payment of $120.00.
On motion duly adopted, the meeting was adjourned.
ATTEST:
C^^^^.^^<^^
DIRECTOR - SECRETARY
*** *** ***
12-6-66
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Tallahassee, Florida
December 13, 1966
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Haydon Burns Governor
Fred 0. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Earl Faircloth Attorney General
Doyle Conner Commissioner of Agriculture
James T. Williams Staff Member
Upon motion duly adopted, the Trustees approved the minutes of the
meeting of December 6, 1966.
BREVARD COUNTY - File No. 1547-05-253.12. On October 18, 1966,
the Trustees considered application from Spielvogel and Goldman,
on behalf of N. A. Rossman, et al, the abutting upland owners, with
offer of the appraised price, $1,840.00 per acre, for a parcel of
submerged land in Newfound Harbor in Section 36, Township 24 South,
Range 36 East, lying easterly of and abutting Government Lot 1 cind
all that part of Government Lot 2, lying north of State Road No.
520, in said Section 35, landward of the established bulkhead line
in Brevard County, originally described as 23.8 acres, more or less.
The Board of County Commissioners of Brevard County adopted a
resolution on October 20, 1956, requesting dedication, with the
consent of the upland owners, of right of way for public road
purposes, running northerly and southerly across the parcel sought
for purchase. The right of way area contained 5.20 acres, thereby
reducing the acreage in the application parcel from 23.8 to 18.60
acres, more or less.
The submerged land was advertised for objections only in the Cocoa
Tribune, proof of publication filed, and no objection received.
Motion was made by I«lr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the Trustees grant the request of the
Board of County Commissioners for dedication of the 5.20 acre parcel
to Brevard County for public road right of way use, and confirm
sale of 18.60 acres to the applicant at the price offered.
BREVARD COUNTY - File No. 1748-05-253.12. On October 25, 1965, the
Trustees considered application from Buckner Realty Surveying &
Engineering, on behalf of Deane H. Stokes, abutting upland owner,
with offer of the price approved by the Staff Appraiser, $1,050.00
per acre, for purchase of a parcel of submerged land in the Indian
River in Section 34, Township 27 South, Range 37 East, containing
1.07 acres, more or less, in the City of Melbourne, Brevard County,
landward of the established bulkhead line. Notice of sale was
published in the Melbourne Times, proof of publication filed, and
no objection was received.
Motion was made by Mr. Dickinson, seconded and adopted without
objection, that sale of the advertised parcel be confirmed in favor
of the riparian owner.
12-13-66
- 113 -
BREVARD COUNTY - File No. 1916-05-253.12. On November 1, 1966, the
Trustees considered application from Grusenmeyer and Associates,
on behalf of Edward M. Poe and wife, abutting upland owners, for
purchase of a parcel of submerged land in the Indian River in
Section 15, Township 22 South, Range 35 East, landward of the
established bulkhead line in the City of Titusville, Brevard
County, containing 0.92 acre, more or less. Notice of sale was
published in the Titusville Star -Advocate, proof of publication
filed, and no objection to the sale was received.
On motion made by Mr. Williams, seconded and adopted without objec-
tion, the Trustees confirmed sale of the advertised parcel to the
riparian owners at the price offered, $1,500.00 per acre, the value
approved by the Staff Appraiser.
CHARLOTTE COUNTY - File No. 1806-08-253.12. The Trustees gave
further consideration to the application of Harvey L. Hobbs,
abutting upland owner, who offered $151.22 per acre, the value
reported by the Staff Appraiser, for purchase of a tract of sover-
eignty land in Charlotte Harbor in Sections 25 and 36, Township 42
South, Range 22 East, and Section 30, Township 42 South, Ranje 23
East, containing 245.77 acres, more or less, lying westerly of and
abutting the mean high water mark boundary of said Fractional
Sections 25, 30 and 36, landward of the established bulkhead line.
On the advertised sale date of November 22 the Trustees deferred
action for three weeks in response to request for deferment made
by State Representatives M. T. (Ted) Randell and J. Lorenzo Walker.
In response to letter the Staff on November 23 directed to Charlotte
County, a letter was received on November 28 from County Attorney
Leroy Hill advising that he was instructed by the Board of County
Commissioners to advise the Trustees' Staff that the County Board
had no objection to the proposed sale as set forth, and a copy of
this letter was forwarded to Senator Elmer Friday, Representative
Randell, and Honorable T. I. Kennedy, Chairman of the County
Commissioners .
On December 2 Representative Walker advised that since the County
Commissioners of Charlotte County had no objection to the sale which
appeared to be in accord with the law to the upland riparian owner,
he had no further objections. Counsel for the applicant on December
6 by telephone advised the Staff that Representative Randell, in
view of the action taken by Charlotte County, did not intend to take
any further action concerning the proposed sale.
Mr. VJilliam H. Mellor, President of Lee County Conservation Associa-
tion, by letter of December 11 restated opposition to the sale of
sovereignty lands. Commissioner Conner called attention to this
letter but noted that the Staff recommendation was for confirmation
of the sale, which he would accept.
Staff had re-examined the application, and in the light of the
developments set forth above and the position of the Board of County
Commissioners, and it appearing that the area sought for purchase
was located considerably landward of the established bulkhead line,
recommended confirmation of the sale. Also, when the dredge and
fill application to develop the land was submitted, the Staff
recommended that the proposed channel around Crow Key and along the
shoreline southerly to Lee County be reduced in width to 100 feet
and the depth to minus 8 feet m.l.w. as recommended by the Board of
Conservation Marine Biologist, Mr. Ken Woodburn, which reduction
would minimize any adverse effects on marine values in the area.
12-13-66
- 114 -
Motion was made by Mr. Dickinson, seconded by Mr. Conner and adopted
without objection, that the objections be overruled and sale of the
advertised land confirmed in favor of the abutting upland owner at
the appraised price of $151.22 per acre.
MANATEE COUNTY - File No. 1913-41-253.12. On November 1, 1966, the
Trustees considered application from Leffel Brown and wife, abutting
upland owners, with offer of $700.00 per acre, or $100.00 minimum
in this instance, for purchase of a parcel of submerged land in
Sarasota Bay in Section 31, Tov/nship 35 South, Range 17 East, con-
taining 0.10 acre, more or less, in the Tov/n of Longboat Key,
Manatee County, landward of the established bulkhead line. Notice
of sale was published in the Bradenton Herald, proof of publication
filed.
One objection filed by Miss Dorothy Julien, riparian owner of
upland 300 feet distant from the application parcel, was based on
deterioration of her seawall. in view of the information in the
file, Staff recommended that the objection be overruled for the
reason that such damage appeared in no way connected with nor
could it be affected by the improvement of the small subject parcel.
Motion was made by Mr. v;illiams, seconded and adopted unanimously,
that the objection be overruled and sale of the advertised parcel
confirmed .
MONROE COUNTY - File No. 1926-44-253.12. On November 1, 1966,
the Trustees considered offer of $300.00 per acre, value approved
by the Staff Appraiser, from Joseph A. Boyd and wife, abutting
upland owners, for purchase of a parcel of submerged land in the
Straits of Florida in Section 28, Township 61 South, Range 39 East,
2.02 acres, more or less, at Key Largo in Monroe County. Notice
of sale was published in the Key West Citizen, proof of publication
filed and no objection received.
Motion was made by Mr. Williams, seconded and adopted unanimously,
that the sale be confirmed to the riparian owners at the price
offered.
PALM BEACH COUNTY - File No. 1922-50-253.12. On November 1, 1966,
the Trustees considered the application from Adair and Brady, Inc.,
on behalf of Lantana Boatyard, Inc., and Murrelle Marine, Inc.,
abutting upland owners, with offer of $1,925.00 per acre, approved
by the Staff Appraiser, for purchase of two (2) contiguous parcels
of submerged land in Lake VJorth in Section 34, Township 44 South,
Range 43 East, containing a total of 0.511 acre, more or less,
landward of the established bulkhead line in the Town of Lantana,
Palm Beach County. Notice of sale was published in the Palm Beach
Post, proof of publication filed and no objection received.
On motion made by Mr. Williams, seconded by Mr. Dickinson, and
adopted without objection, the Trustees confirmed sale of the
advertised parcels to the riparian owners at the price offered.
VOLUSIA COUNTY - File No. 1910-64-253.12. On November 1, 1966,
the Trustees considered the application from Cooper Smith and
wife, abutting upland owners, who offered $450.00 per acre or
$100.00 minimum in this instance, for purchase of a parcel of
12-13-66
- 115 -
submerged land in the Halifax River in Section 28, Township 13
South, Ran-ie 32 East, containing 0.064 acre, more or less, in the
City of Ormond Beach landward of the established bulkhead line, in
Volusia County. Notice of sale was published in the Daytona Beach
News, proof of publication filed and no objection received.
On motion made by f4r. Dickinson, seconded by Mr. Williams and
adopted unanimously, the Trustees confirmed sale of the advertised
parcel to the riparian owners at the price offered.
PALM BEACH COUNTY - File No. 1478-50-253.12; 1478-50-253.129.
V/allis Associates, on behalf of Lucille deTar Colyer, the abutting
upland owner, made application for a parcel of submerged land in
Lake Worth in Sections 15 and 22, Township 42 South, Range 43 East,
in the Village of North Palm Beach, Palm Beach County, landward
of the established bulkhead line, containing 15.114 acres for which
the Staff Appraiser reported a value of $1,453.75 per acre.
Request was also made for a disclaimer under the provisions of
Section 253.129 Florida Statutes, for a parcel of sovereignty land
filled prior to June 11, 1957, containing 2.072 acres landward of
the parcel sought for purchase.
Motion was made by Mr. Williams, seconded and adopted unanimously,
that the 15.114 acres of submerged land be advertised for objec-
tions only, and that disclaimer under the provisions of Section
253.129 be issued to Lucille deTar Colyer for handling charge of
$10.00 for the 2.072 acres of filled land.
SHELL LEASES - The Trustees accepted as information the following
report of remittances received by the Florida Board of Conservation
from holders of shell leases for the month of November:
Lease No. Name of Company Amount
$
1703 Bay Dredging & Construction Co. 6,559.67
1718 Radcliff Materials, Inc. 10,263.00
1788 Benton & Company, Inc.
(for September sales) 9,233.36
1917 Fort Myers Shell & Dredging Co. 550.50
CHARLOTTE COUNTY - The City of Punta Gorda by Resolution No. 350
adopted on December 6, 1966, requested dedication by the Trustees
of 2.50 acres of submerged land in Charlotte Harbor in Section 6,
Township 41 South, Range 23 East, lying bayward of upland owned by
said city. The parcel was to be used for public purposes only.
Motion was made by Mr. Dickinson, seconded and approved without
objection, that the Trustees dedicate the parcel of submerged land
for public purposes only to the City of Punta Gorda.
HIGHLANDS COUNTY - Frank Souder Enterprises, Inc., made application
for a commercial dock permit for construction of a 225-foot dock
in Lake Jackson at applicant's upland property described as Lot 2,
Block 94, Original Town of Sebring as recorded in Plat Book 3,
Page 1, Public Records of DeSoto (now Highlands) County. The City
Council agreed to adopt an ordinance allowing the construction of
12-13-66
- 116 -
the dock which would be for the use of residents of the Fountainhead
Condominium. All required exhibits, including $100.00 processing
fee, were submitted and Staff recommended approval.
On motion made by Mr. Dickinson, seconded and adopted unanimously,
the Trustees approved issuance of the commercial dock permit.
LEE COUNTY - In meeting October 11, 1966, the Trustees granted
request of the State Road Department for dedication of a 0.75 acre
parcel of submerged land in Matlacha Pass in Section 24, Township
44 South, Range 22 East, Lee County, for road right of way purposes
in connection with construction of State Road 78, Section 12060-
2504. Subsequently, requirements for the road were changed and
the Road Department requested a corrective instrument amending the
original description to an area of 0.98 acre.
On motion made by Mr. Dickinson, seconded and adopted unanimously,
the Trustees authorized issuance of the amended dedication with
corrected description.
OSCEOLA COUNTY - The Central and Southern Florida Flood Control
District applied for right of way easement for canal construction
purposes over a small parcel of the sovereignty bottoms of Lake
Lizzie in Section 2, Township 26 South, Range 31 East, containing
1.3 acres in Osceola County.
Motion was made by Mr. Dickinson, seconded and adopted without
objection, that the request of the District for right of way
easement be granted.
PALM BEACH COUNTY - By Resolution No. 186-66 dated December 7, 1966,
the City of Riviera Beach requested dedication for public purposes
only of the submerged land in Lake Worth in Sections 28 and 33,
Township 42 South, Range 43 East, lying within the lakeward exten-
sions of the platted boundaries of 22nd Court, 21st Street, Old
Slip Road and the city's public park at the foot of 13th Street,
all out to the established bulkhead line, containing 2.041 acres.
Motion was made by Mr. Williams seconded by Mr. Dickinson and
adopted without objection, that the Trustees approve issuance of
dedication instrument to the City of Riviera Beach covering the
land requested for public purposes only.
PALM BEACH COUNTY - File No. 1042-50-253.124. Staff recommended
formal approval of the fill permit issued by the City of Boynton
Beach on December 5, 1966, under the provisions of Section 253.124
Florida Statutes, to Frank E. Roush to fill the 1.205 acres of sub-
iterged land in Lake Worth in Section 22, Township 45 South, Range
43 East, Palm Beach County, conveyed by the Trustees.
On motion by J-lr . Dickinson, seconded and adopted without objection,
the Trustees formally approved the fill permit issued by the City
of Boynton Beach to Mr, Roush.
SUBJECTS UNDER CHAPTER 182 96
Report No. 898 was presented, listing 1 regular bid for sale of
12-13-66
- 117 -
land in Hamilton County under provisions of Chapter 18296, Acts
of 1937, the Murphy Act.
On motion by Mr. Dickinson, seconded and adopted without objection,
the Trustees approved Report No. 898 and authorized execution of deed
pertaining thereto.
LE\Af COUNTY - The Board of County Commissioners of Levy County
offered $50.00 for two parcels of land which were certified to the
State of Florida under tax sale certificates 873 of 1930 and 1816
of 1933, described as the W^ of Lots 1 and 2, Block 14, Montbrook,
in Levy County. The purpose stated for acquisition of the land
was for construction of a polling place.
The Staff recommended conveyance under the provisions of Chapter
21684, Acts of 1943, without advertisement and public sale, for the
price offered by the county.
Motion was made by Mr. Dickinson, seconded and adopted unanimously,
that the two parcels of land be conveyed under Chapter 21684 to the
Board of County Commissioners of Levy County for $50.00.
On motion duly adopted, the meeting was adjourned,
ATTEST:
Tallahassee, Florida
December 20, 1966
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Haydon Burns
Broward Williams
Earl Faircloth
Doyle Conner
Governor
Treasurer
Attorney General
Commissioner of Agriculture
Robert C. Parker
Director
MONROE COUNTY - File No. 1942-44-253.12. The abutting upland owner,
Edwin E. Crusoe, IV, made application to purchase a parcel of
submerged land in Niles Channel in Section 19, Township 66 South,
Range 29 East, containing 1.0 acre at Middle Torch Key in Monroe
County. A value of $300.00 per acre for the parcel was approved by
the Staff Appraiser.
Motion was made by Mr. Conner, seconded and adopted, that the parcel
be advertised for objections only.
12-20-66
- 118 -
INDIAN RIVER COUNTY - File No. 21550-31-253.124. On motion by Mr.
Faircloth, seconded and adopted without objection, the Trustees
formally approved the fill permit issued by the Board of County
Commissioners of Indian River County in meeting on December 7,
1966, under the provisions of Section 253.124 Florida Statutes,
to Vero Beach Shores, Inc., to fill the small parcel of submerged
land in the Indian River in Section 29, Township 33 South, Range
40 East, which was previously conveyed by the Trustees under the
referenced file number.
MONROE COUNTY - On motion made by Mr. Conner, unanimously adopted,
the Trustees granted request of the State Road Department for dedi-
cation for road right of way purposes of a parcel of sovereignty
land at Ramrod Key in Section 32, Township 66 South, Range 29 East,
Monroe County, necessary for the construction of streets on Ramrod
Key under State Road project numbered Section 90503-2603.
OSCEOLA COUNTY - Motion was made by Mr. Faircloth, seconded by Mr.
Conner and adopted unanimously, that the Trustees grant request of
Central and Southern Florida Flood Control District for right of
way easement for canal construction purposes over a small parcel
of sovereignty bottom land in Lake Joel in Section 19, Township
25 South, Range 32 East, containing 10.0 acres in Osceola County.
OSCEOLA COUNTY - On May 25, 1965, the Trustees considered request
from the City of Kissimmee for dedication of a portion of the
submerged bottoms of Lake Tohopekaliga adjacent to a site to be
used for construction of a steam generating plant, and grant of
an easement for installation of a T-shaped diversion structure
extending into the lake, and dredging for fill material. The
Board approved the application in principle subject to submission
of plans and legal descriptions of the parcels required by the
city, which was the upland owner.
The City of Kissimmee submitted survey showing the specific bottom
lands to be dedicated, containing approximately 19 acres in
Sections 22, 27 and 28, Township 25 South, Range 29 East, Osceola
County. The Director recommended approval in recognition of the
benefit from the power plant project and also some park development
in the area.
Motion was made by Mr. Conner, seconded and adopted unanimously,
that the Trustees authorize dedication of the land required by
the City of Kissimmee for the plant and easement for the diversion
structure and dredging necessary for the project.
SUBJECTS UNDER CHAPTER 18296
On motion by lAr . Faircloth, seconded and adopted without objec-
tion, the Trustees approved Report No. 899 listing three (3)
regular bids for sale of Murphy Act land in Hillsborough and
Volusia Counties, and authorized execution of deeds pertaining
thereto.
On motion duly adopted, the meeting was adjourned.
12-20-66
- 119 -
ATTEST:
cT^^Sg;
DIRECTOR - SECRETARY
CHAIRI-IAN
Tallahassee, Florida
December 27, 1966
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor in the Capitol.
Present: Haydon Burns
Broward Williams
Earl Faircloth
Doyle Conner
Governor
Treasurer
Attorney General
Commissioner of Agriculture
Robert C. Parker
Director
The Trustees formally approved minutes of the meetin-j-s held on
December 13 and 20, 1965, which had been approved by the Attorney
General.
DADE COUNTY - File No. 1034-13-253.12. Advertised for considera-
tion of sale on this date and listed on the agenda was the applica-
tion of Paul L. E. Helliwell, Trustee, abutting upland o^^mer , to
purchase a tract of submerged land in Biscayne Bay in Section 6,
Township 55 South, Range 42 East, containing 27.7 acres lying
westerly of and abutting Tracts D, E and F of Mashta Island
Subdivision, Dade County.
Governor Burns called attention to the fact that Metro-Dade County
had asked that action be withheld pending reconsideration by the
county of the bulkhead line. By the adoption of Resolution No.
R-1286-65 on December 6, 1966, Metro-Dade County Commissioners sche-
duled a public hearing on February 21, 1967, at which time considera-
tion would be given to modification of the bulkhead line in the
area where this parcel was located by amending the existing line so
that it would be at the line of mean low water. The Governor said
he would like to recognize the request of Dade County.
Motion v/as made by Attorney General Faircloth, seconded by Mr. Williams
and adopted unanimously, that no action be taken in recognition of
the resolution adopted by Metro-Dade County Commissioners and the
request that the Trustees defer the hearing until after February 21,
1967.
DUVAL COUNTY - File No. 1923-16-253.12. On November 15, 1966, the
Trustees considered application from A. M. Crabtree, Jr., on behalf
of John T. Wood, the abutting upland owner, with offer of $250.00
per acre for a tract of submerged land in the St. Johns River
containing 30.0 acres, more or less, lying northerly of Lots 3 and
4, Bennett Park, as recorded in Deed Book "AI", paje 396, and also
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120
lying northwesterly of part of those filled and reclaimed lands
lying northwesterly of Lots 1 and 2 of said Bennett Park and also
lying northwesterly of the original shore line of a part of the
F. Richard Grant, Section 53, Township 1 South, Range 27 East,
Duval County, landward of the established bulkhead line. Notice
of sale was published in the Florida Times Union, proof of
publication filed, and no objections were received.
The Trustees took action to approve this sale, which action was
rescinded upon consideration of the following application.
DUVAL COUNTY - File No. 1617-16-253.12. On May 11, 1965, due to
objections filed by George Ferber, Howard L. Field and George Fish,
and at the request of the applicant, the Trustees deferred action
for consideration at a later date of the application by Lonnie Wurn,
for The Leitman Company, abutting upland owners, v/ith offer of
$250.00 per acre, the appraised price, for purchase of a parcel of
submerged land in the St. Johns River in Section 29, Township 1
South, Range 27 East, landward of the established bulkhead line in
Duval County. Due to refinement of the survey, the area was
reduced from 10.08 to 9.68 acres.
l-fhen the John T. V7ood application for land in the immediate area
was advertised, Mr. VJurn requested that the application of The
Leitman Company be presented to the Trustees on December 27 and he
sent a copy of his letter to all the original riparian owners within
1000 feet, which included those objecting in 1965. The Staff agreed
to reschedule the application, also notifying those riparian owners.
Mr. Field withdrew his objection. The Trustees' office received
no word from Mr. Ferber. Mr. Fish, owner of property 600 feet
East of the subject application, renewed his objection on the
grounds that filling might cause debris to accumulate.
As the entire area included in the bulkhead line consisted of very
shallow mud flats, some parts exposed at low tides, with a depth
approximating 2.4 feet, according to information and the engineer's
survey in the file, the Staff was of the opinion that development
would be desirable and recommended that the objection be overruled
and sale confirmed.
The objector, Mr. Ferber, was present on this date represented by
counsel, Mr. Martin Sack, Jr. Mr. Sack said that the proposed
extension into the river between 600 and 700 feet would create an
irregular shoreline, cause problems of erosion, flooding, swirling
eddies of currents, would trap debris deposits, and that the adverse
effects on the property owners easterly of the application area
would in fact coerce each successive land owner to the east to
acquire submerged land in order to correct the problems caused by
the proposed purchase and filling. Mr. Ferber said that the water
depth was 10 feet to his knowledge, as he lived there.
Mr. Conner asked whether the local authorities had been requested
to reconsider the bulkhead line. He pointed out to the objector
that cue Trustees took the position that the local governmental
agency had set the bulkhead line where they considered it proper.
With reference to File No. 1617 and File No. 1923, motion was made
by Governor Burns, seconded by Mr. Faircloth, and adopted unanimously
that the Trustees withhold any action for ninety (90) days to afford
the objectors opportunity to appeal to the Board of County Commis-
sioners of Duval County for readjustment of the bulkhead line, for
the reason that an extension of 700 feet from the shore into waters
approximating 10 feet in depth appeared to be excessive.
12-27-66
- 121 -
LEE COUNTV - File No. 1911-36-253.12. On November 15, 1966, the
Trustees considered application from Pine island Shores, Inc.,
abutting upland owner, with offer of $200.00 per acre, reported by
the Staff Appraiser, for purchase of a parcel of submerged land in
San Carlos Bay in Section 2, Township 46 South, Range 22 East,
containing 2.5 acres, more or less. Pine Island, lying southerly of
and abutting undivided Block A of Pine Island Shores Unit 5, land-
ward of the established bulkhead line in Lee County. Notice of sale
was published in the Fort Myers News-Press, proof of publication
filed and no objection received.
On motion made by Mr. Conner, seconded and adopted unanimously, the
Trustees confirmed sale of the advertised parcel to the riparian
ov/ner at the appraised price.
MONROE COUNTY - File No. 1903-44-253.12, On November 15, 1966, the
Trustees considered application from James H. King and wife, abut-
ting upland owners, with offer of $425.00 per acre, value approved
by the Staff Appraiser, for purchase of a parcel of submerged land
in Blackwater Sound in Section 14, Township 61 South, Range 39 East,
containing 1.0 acre at Key Largo in Monroe County. Notice of sale
was published in the Key West Citizen, proof of publication filed
and no objection received.
On motion made by Mr. V/illiams, seconded and adopted unanimously,
the Trustees confirmed sale of the advertised parcel to the riparian
owners at the appraised price.
MONROE COUNTY - File No. 1924-44-253.12. On November 15, 1966, the
Trustees considered application from Wynken, Blynken and Nod Estates,
Inc., abutting upland owner, with offer of $300.00 per acre, value
approved by the Staff Appraiser, for purchase of a parcel of submerged
land in the Straits of Florida southeasterly of and adjacent to a
part of Gov't Lot 2 in Section 12, Township 52 South, Range 38 East,
0.49 acre, more or less, at Key Largo in Monroe County. Notice of
sale was published in the Key VJest Citizen, proof of publication
filed and no objection received.
On motion made by Mr. Williams, seconded and adopted unanimously,
the Trustees confirmed sale of the advertised parcel to the riparian
owner at the appraised price.
MONROE COUNTY - File No. 1925-44-253.12. On November 15, 1966, the
Trustees considered application from Martin N. Rosen and wife,
abutting upland owners, with offer of $200.00 per acre or $100.00
minimum in this instance, for a parcel of submerged land in the
Straits of Florida in Section 14, Township 67 South, Range 27 East,
containing 0.38 acre, more or less, at Sugarloaf Key in Monroe County.
Notice of sale was published in the Key West Citizen, proof of publi-
cation filed and no objection received.
On motion by Mr. Williams, seconded and adopted unanimously, the
Trustees confirmed sale of the advertised parcel to the riparian
owners at the price offered.
MONROE COUNTY - File No. 1930-44-253.12. On November 15, 1966, the
Trustees considered application from Boyd A. Burkhardt and wife,
abutting upland owners, with offer of $300.00 per acre, price
approved by the Staff Appraiser, for purchase of a parcel of sub-
12-27-66
- 122'-
merged land in the Bay of Florida in Section 14, Township 62 South,
Range 38 East, containing 0.6 acre, more or less, at Key Largo,
Monroe County. Notice of sale was published in ..the Key Vfest
Citizen, proof of publication filed and no objection received.
On motion by Mr. Williams, seconded by Mr. Conner and adopted
unanimously, the Trustees confirmed sale of the advertised parcel
to the riparian owners at the price offered.
MONROE COUNTY - File No. 193 2-44-253.12. On November 15, 1966, the
Trustees considered application from Lena Moye, abutting upland
owner, with offer of $300.00 per acre, price approved by the Staff
Appraiser, for purchase of a parcel of submerged land in the Bay of
Florida in Section 6, Township 62 South, Range 39 East, 0.57 acre,
more or less, at Key Largo in Monroe County. Notice of sale was
published in the Key West Citizen, proof of publication filed and
no objection received.
On motion by Mr. Williams, seconded and adopted unanimously, the
Trustees confirmed sale of the advertised parcel to the riparian
owner, at the price offered.
MONROE COUNTY - File No. 1933-44-253.12. On November 15, 1966,
the Trustees considered application from Ruth L.Moss, abutting upland
owner, with offer of $300.00 per acre, approved by Staff Appraiser,
for purchase of a parcel of submerged land in the Bay of Florida in
Section 18, Township 63 South, Range 38 East, 0.35 acre, more or
less, at Plantation Key in Monroe County. Notice of sale was pub-
lished in the Key West Citizen, proof of publication filed and no
objection received.
On motion by Mr. Williams, seconded and adopted unanimously, the
Trustees confirmed sale of the advertised parcel to the riparian
owner at the price offered.
PALM BEACH COUNTY - File No. 1919-50-253.12. On November 15, 1966,
the Trustees considered application from James R. Brandon and wife,
abutting upland owners, with offer of $1209.13 per acre, value
approved by Staff Appraiser, for a parcel of submerged land in Lake
Worth in Section 34, Township 43 South, Range 43 East, in the City
of West Palm Beach landward of the established bulkhead line,
containing 0.3 7 acre, more or less, in Palm Beach County. Notice
of sale was published in the Palm Beach Post, proof of publication
filed in the Trustees' office.
An objection from the City of West Palm Beach was later withdrawn.
An objection filed by James R. Stewart, Jr., on behalf of Jack R.
Tyng,' owner of riparian property 800 feet southerly of the applica-
tion parcel, was based mainly on conservation of natural resources.
In the opinion of the Staff, based on non-adverse report filed by
the Board of conservation as to the effects of filling in Lake
Worth, the objection was not valid. There had been five other sales
adjacent to the application for filling in Lake Worth, all landward
of an amended bulkhead line reviewed by the City of West Palm Beach.
Motion was made by Mr. Williams, seconded and adopted without
objection, that the protest be overruled and sale of the advertised
parcel be confirmed in favor of the riparian owners at the price
offered, $1,209.13 per acre.
12-27-66
- 123 -
PALM BEACH COUNTY - File No. 1921-50-253.12. On November 15, 1966,
the Trustees considered application from Lena V7ells and Annetta
Wells, abutting upland owners, with offer of $1,923.00 per acre,
approved by the Staff Appraiser, for purchase of two contiguous
parcels of submerged land in Lake VJorth in Section 28, Township 42
South, Range 43 East, containing 0.145 acre, more or less, in the
City of Riviera Beach landward of the established bulkhead line in
Palm Beach County. Notice of sale was published in the Palm Beach
Post, proof of publication filed and no objection received.
On motion by Mr. Conner, seconded and adopted without objection,
the Trustees confirmed sale of the advertised parcels to the ripar-
ian owners at the price offered.
BREVARD COUNTY - File No. 1948-05-253.12. Grusenmeyer and Asso-
ciates, on behalf of Titusville Causeway Land Corporation, abutting
upland owner, offered $1,500.00 per acre, value approved by the
Staff Appraiser, for a parcel of submerged land in the Indian River
in Section 3, Township 22 South, Range 35 East, containing 0.57 acre
in the City of Titusville landward of the established bulkhead line
in Brevard County.
On motion by Mr. Conner, seconded and adopted unanimously, the
Trustees authorized advertisement of the parcel for objections only.
DADE COUNTY - File No. 1887-13-253.12. James H. Sweeny, III, on
behalf of Louis J. Hector, et al, abutting upland owners, offered
$3,888.00 per acre, value approved by the Staff Appraiser, for a
parcel of submerged land in Biscayne Bay in Section 28, Township
54 South, Range 41 East, 0.462 acre in the City of Miami landward
of the established bulkhead line in Dade County.
On motion by Mr. Conner, duly adopted, the Trustees authorized
the parcel to be advertised for objections only.
INDIAN RIVER COUNTY - File No. 1946-31-253.12. R. D. Carter Engineer-
ing Firm, on behalf of Ralph D. Hostetler et ux, abutting upland
owners, offered $200.00 per acre, the value approved by the Staff
Appraiser, for a parcel of submerged land in the Indian River in
Section 33, Township 30 South, Range 39 East, 1.93 acres in the
Ambersand Beach area landward of the established bulkhead line in
Indian River County.
On motion by Mr. Conner, duly adopted, the Trustees authorized the
parcel advertised for objections only.
DADE COUNTY - File No. 714-13-253.124; SAKSP Permits (62-278)
The Staff submitted the following information so that the Board
might be fully advised with respect to the developments in tiie
matter of the dredge and fill permit issued by Dade County to
Malcolm B. Wiseheart and Marshall C. Wiseheart, which the Trustees
denied approval of on August 23, 1966.
On December 29, 1964, the Trustees, based on an unfavorable conser-
vation report, refused to grant formal approval of said dredge and
fill permit. In 1966 the applicants instituted litigation in Circuit
Court of Leon County against the Trustees which resulted in declara-
tory decree in which the Court declared it was the duty of the Trustees
12-27-66
- 124 -
to give formal approval, which decree was dated June 1, 1956.
On June 28, 1956, the Trustees considered the matter but deferred
action to give the Attorney General an opportunity to ascertain
whether or not grounds for appeal existed. On August 23 the
Trustees denied approval of the dredge and fill permit, after a
thorough review of the case.
Supplemental proceedings were instituted by counsel for the appli-
cants requesting an order for coercive relief against the Trustees,
and on December 15, 1955, Judge Hugh M. Taylor issued an order
requiring the Trustees to give formal approval to the permit to
dredge and fill as covered by Resolution No- 7896 of Dade County
Board of County Commissioners dated September 25, 1952, in
accordance with the duty adjudged by the Court in its declaratory
decree of June 7, 1966. The order further required that the
Trustees complete all action necessary to give and record the
formal approval as therein ordered within 20 days from and after
December 15, 1965, and the order contained a provision whereby
notice of appeal in this litigation shall act as and constitute
a supersedeas of this order pending disposition of this appeal.
The Staff suggested that the Trustees might wish to authorize the
Attorney General to take whatever steps were necessary in his
opinion to afford adequate protection to the interest of the
Trustees of the Internal Improvement Fund.
Mr. Faircloth said it would be in conformity with the previous
decision of the Trustees to take the necessary steps to file
an appeal.
Motion was made by Mr. Williams, seconded by Mr. Faircloth and
adopted unanimously, that the Trustees authorize the Attorney
General to proceed with the necessary action to protect the
Trustees' interest.
PINELLAS COUNTY - File No. 541-52-253.124. Motion was made by
Mr. Williams, seconded and adopted unanimously, that the Trustees
grant formal approval of Fill Permit DF-113 issued to Waterways
Development Corp., Arthur, Inc., and Van Jim, Inc., by Pinellas
County Water and Navigation Control Authority in meeting November
22, 1956, under the provisions of Section 253.124 Florida Statutes,
to fill 57.2 acres of submerged land in Boca Ciega Bay in Section
3, Township 32 South, Range 15 East, conveyed to the applicants
by the Trustees under the referenced file number.
BREVARD COUNTY - Upon motion by Mr. Conner, seconded and adopted
without objection, the Trustees approved assignment of Purchase
Contract No. 24269(1749-05) from Florida-Ozier Enterprises, Inc.,
to The Oakland Consolidated Corporation, copy of assignment and
acceptance of assignment by assignee having been filed in the
Land Office.
BREVARD COUNTY - At the request of City Attorney T. David Burns
and Mayor Richard Thurm of the City of Cape Canaveral, the Trustees
took no action and ordered withdrawn from the agenda the consider-
ation of Resolution No. 65-25 adopted June 14, 1966, and Resolution
No. 55-35 adopted August 11, 1966, by the City Council for the
purpose of amending certain bulkhead lines in the Banana River in
Brevard County.
12-27-56
- 125 -
Upon motion duly adopted, the meeting was adjourned.
<;^
ATTEST:
DIRECTOR - SECRETARY
Tallahassee, Floricia
January 10, 1967
The Trustees of the Internal Improvement Fund met on this date
in the Board Room of the office of the Governor in the Capitol.
Present: Claude R. Kirk, Jr.
Fred 0. Dickinson, Jr.
Broward Williams
Earl Faircloth
Doyle Conner
Governor
Comptroller
Treasurer
Attorney General
Commissioner of Agriculture
Robert C. Parker
Director
Upon motion by Mr. Conner, seconded by Mr. Dickinson, unani-
mously adopted, the following resolution v/as adopted:
RESOLUTION
^-JHEREAS, it has been the custom of the Trustees of the
Internal Improvement Fund to organize by designating the
incoming Governor as Chairman of the Trustees;
NOW, THEREFORE, BE IT RESOLVED that the Trustees of the
Internal Improvement Fund designate the Honorable Claude
R. Kirk, Jr., Governor of Florida, as Chairman of the
Trustees of the Internal Improvement Fund, and, pursuant
to custom, in his absence the next member of the Trustees,
according to the order in which their names appear
designated in the Act creating the Internal Improvement
Fund, shall preside as Chairman.
On this date at the request of the Governor, the Cabinet directed
that the regular weekly meetings of the boards should begin at
10:00 A.M. on Tuesdays.
Motion was made by Mr. 'Williams, seconded by Mr. Faircloth, and
adopted without objection, that the minutes of the meeting held
on December 27, 1966, be approved as submitted.
1-10-67
- 126 -
CHARLOTTE AND MONROE COUNTIES - Five applications from abutting
upland owners were presented with request for authority to adver-
tise the submerged land in the local newspapers for objections
only, in compliance with the requirement of the law. Attorney
General Faircloth commented that although no objections to a sale
may be received, from time to time some member of the Trustees
might object and the Trustees reserved the right to decline to
make any land sale.
Motion was made by tAx . Dickinson, seconded by Mr. Williams, and
unanimously adopted, that the land in the following applications
be advertised for objections only.
1- CHARLOTTE COUNTY - File No. 715-08-253.12. General Develop-
ment Corporation, abutting upland owner, offered the appraised
value of $500.00 per acre for two (2) parcels of submerged
land in the Peace River containing a total of 1.91 acres,
more or less, in Sections 27 and 28, Township 40 South, Range
22 East, abutting uplands in Port Charlotte, Charlotte County,
landward of the established bulkhead line.
2. CHARLOTTE COUNTY - File No. 716-08-253.12. General Develop-
ment Corporation, abutting upland owner, offered the appraised
value of $500.00 per acre for twelve (12) parcels of sub-
merged land in the Peace River containing a total of 6.90
acres, more or less, in Sections 25 and 27, Township 40 South,
Range 22 East, abutting uplands in Port Charlotte, landward
of the established bulkhead line in Charlotte County.
3. CHARLOTTE COUNTY - File No. 717-08-253.12. General Develop-
ment Corporation, abutting upland owner, offered the appraised
value of $500.00 per acre for thirty (30) parcels of sub-
merged land in the Myakka River containing a total of 20.80
acres, more or less, in Sections 18, 19, 30, 32 and 33,
Township 40 South, Range 21 East, abutting uplands northerly
and southerly of Myakka City, Charlotte County, landward of
the established bulkhead line.
4. MONROE COUNTY - File No. 1947-44-253.12. Phillips Surveying
Company, for Jarub Investments, inc., the abutting upland
owner, offered $1,045.00 per acre, the value approved by the
Staff Appraiser, for a parcel of submerged land in the Bay
of Florida containing 0.69 acre, more or less, abutting
uplands of the Island of Key West, Florida, in Township
67 South, Range 25 East, Monroe County.
5. MONROE COUNTY - File No. 1952-44-253.12. Bailey, Mooney,
Post Associates, Inc., for Ralph V7. Killian and wife, the
abutting upland owners, offered the appraised price of $425.00
per acre for a parcel of submerged land containing 2.18 acres,
more or less, in Blackwater Sound in Sections 11 and 14, Town-
ship 61 South, Range 39 East, Key Largo, in Monroe County.
BREVARD, DADE AND MONROE COUNTIES - The following three land
applications were advertised for consideration of sale on this
date.
BREVARD COUNTY - File No. 1899-05-253.12. On November 29, 1966,
the Trustees considered application from C. R. McCotter, Sr . , and
wife, abutting upland owners, with offer of $1,500.00 per acre,
1-10-67
- 127
the value reported by the Staff Appraiser, for purchase of a parcel
of submerged land in the Indian River containing 1.09 acres, more
or less, in Section 3, To^-mship 22 South, Range 3 5 East, in the City
of Titusville, Brevard County, landward of the established bulkhead
line.
Notice of sale was published in the Titusville Star-Advocate on
December 9, 15, 23 and 30, 1966, proof of publication was filed
and no objection to the sale was received.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth, and
unanimously adopted, that the Trustees confirm sale of the adver-
tised land to the riparian owners at the appraised price.
DADE COUNTY - File No. 1920-13-253.12. On November 22, 1966, the
Trustees considered application from James M. Albert, Trustee for
Mount Sinai Hospital of Greater Miami, Inc., a Flor'ida corporation,
the abutting upland owner, for purchase for a token payment amount
of $100.00 per acre of a tract of submerged land in Biscayne Bay
in Sections 21, 22, 27 and 23 in Township 53 South, Range 42 East,
containing 17.1 acres, more or less, at Miami Beach, Dade County,
within the established bulkhead line, to be used for hospital
purposes only. The tract abutted the two parcels of submerged land
conveyed on March 25, 1959 by the Trustees to the hospital.
Notice of sale was published in the Miami Beach Sun on December 2,
9, 16 and 23, 1966, proof of publication filed and no protest to
sale of the submerged land was received.
Motion was made by Mr. Dickinson, seconded by Mr. V/illiams and
unanimously adopted, that the Trustees confirm sale of the adver-
tised tract of land for a token payment of $100.00 per acre to
Mount Sinai Hospital of Greater Miami, Inc., for hospital purposes
only, to accommodate enlargement of the hospital facilities.
MONROE COUNTY - File No. 1938-44-253.12. On November 29, 1966,
the Trustees considered the application from Timothy Charles and
Company, abutting upland owner, with offer of $1,000.00 per acre,
the value approved by the Staff Appraiser, for a parcel of submerged
land in Key VZest Bight containing 1.24 acres, more or less, abutting
uplands on the Island of Key West in Monroe County, being more
particularly described in notice of sale which was published in
the Key West Citizen on December 9, 16, 23 and 30, 1966. Proof of
publication was filed in the Trustees' office and no objection to
the sale was received.
Motion was made by Mr. Dickinson, seconded by I/lr. Williams and
unanimously adopted, that the Trustees confirm sale of the adver-
tised land to the riparian owner at the appraised price offered.
SHELL LEASES - Motion was made by Mr. Dickinson, seconded by Mr .
Williams, and adopted without objection, that the Trustees receive
as information for the minutes the following report received of
remittances to the Florida Board of Conservation from holders of
shell leases:
LEASE NO. NAME OF COMPANY AMOUNT
1703 Bay Dredging & Construction Co. $ 6,723.88
1718 Radcliff Materials, Incorporated 10,064.60
1917 Fort Myers Shell and Dredging Co. 254.40
1-10-67
- 128 -
BROWARD COUNTY - Bulkhead Line. The City of Fort Lauderdale adopted
Ordinance No. C-1900 on April 16, 1963, establishing a bulkhead
line for Island "B" in Fort Lauderdale, Brov/ard County. On March
31, 1864, the Trustees approved the bulkhead line with the exception
of a small portion encompassing a point at the southeast corner
of Island "B" . It was felt by the Trustees that the line at that
point as set by the city extended into the open v/aters too close
to the adjacent upland property across the channel. In addition,
it was recently ^discovered by the city that as a result of a minis-
terial or clerical error, the bulkhead line v/as incomplete in that
it did not close mathematically.
Therefore, the City of Fort Lauderdale on December 20, 1966,
adopted Ordinance No. C-66-31 amending by correcting the legal
description in Section 1 of Ordinance No. C-1900, v/hich new descrip-
tion withdrev/ the bulkhead line a distance of some 25 feet at that
southeast corner, making a curve rather than an abrupt corner.
The city requested formal approval by the Trustees of the amended
portion of the bulkhead line as adopted by Ordinance No. C-66-31.
Staff recommended approval.
Motion v;as made by Mr. Dickinson, seconded by Mr. ./illiams and
adopted unanimously, that the Trustees grant formal approval of the
bulkhead line in Section 12, Township 50 South, Range 42 East, as
established by the City of Fort Lauderdale by Ordinance No. C-66-G1
adopted on December 20, 1966.
3RO.-7ARD COUNTY - The City of Fort Lauderdale, Broward County,
Florida, submitted Resolution No. 66-370 adopted by the City
Commission on December 30, 1966, requesting dedication by the
Trustees of a parcel of submerged land in Davock Bay in Section
12, Township 50 South, Range 42 East, Broward County, containing
0.26 acre, more or less, to be used for access road purposes to
connect Island "B" to Isla Bahia in said city. Staff recanmended
dedication of the parcel subject to acceptable bridge specifications
being agreed upon by the City of Fort Lauderdale in coordination
with the United States Corps of Engineers.
On motion by Mr. Dickinson, seconded by Mr. v7illiams and adopted
without objection, the Trustees authorized dedication of the parcel
to the City of Fort Lauderdale for access road purposes subject to
bridge specifications being acceptable to the appropriate
authorities .
DUVAL COUNTY - In 1962 the United States of America instituted
action against the Trustees for the purpose of acquiring by eminent
domain the fee simple title to a strip of sovereignty land consist-
ing of the foreshore of the beach bounded on the v/est by lands of
the U. S. occupied by the Naval Station, Mayport, Duval County,
and bounded on the east by the waters of the Atlantic Ocean, and
extending southerly from the south jetty at the mouth of the St.
Johns River for a distance of some 5,500 feet, for a total acreage
of 29.04 acres. A declaration of taking vested the fee simple
title to this parcel in the United States on October 6, 1962.
The Staff and the office of the Attorney General had been negotia-
ting with the attorneys for the U. S. Government in an effort to
revest title to the land in the Trustees, and to grant in lieu
thereof an easement as to the same lands for governmental purposes
for maintenance, operation and security of the U. 3. Naval Station,
Mayport, Florida, including the right to prohibit the public from
1-10-67
129 -
using the land for highv/ay, bathing, recreation or any other
purpose so long as needed for those U. S. purposes.
The Assistant United States Attorney handling the matter for the
government submitted stipulation to accomplish that objective,
and the office of the /attorney General examined the stipulation
and approved the terms. The Staff, being of the opinion that it
would be desirable to have the title revested in the Trustees
subject to the easement granted to the United States as set forth
above, recommended approval and authorization for the Attorney
General to stipulate for and in behalf of the Trustees for this
procedure .
Governor Kirk said he v/as sure that Duval County did not anticipate
the moving of Mayport. The Staff felt that under the procedure
outlined, the government would have the use of the land and the
right to enforce security requirements.
Motion '.vas made by Mr. Dickinson, seconded by Mr. Faircloth and
unanimously adopted, that the Trustees approve the recommendation
and authorir^e the Attorney General to stipulate for and in behalf
of the Trustees for this procedure.
LEE CG'JI,n1TY - Staff recommended formal approval of fill permit
issued by the City of Fort Myers on October 16, 1956, to George
Swetnick under the provisions of Section 253.124 Florida Statutes,
to fill a parcel of submerged land in the Caloosahatchee River in
Section 13, Tov/nship 44 South, Range 24 East, containing 2.61 acres
in Lee County.
Chapter 6932, Laws of Florida, Acts of 1915, vested title in the
City of Fort Myers to all submerged land in the Caloosahatchee
River within the city limits as of the date of the Act. The city
had deeded the parcel of submerged land in question to Mr. Swetnick,
The Attorney General advised that the Trustees should formally
approve the bulkhead line established by the city under provisions
of Section 253.122, Florida Statutes, and should approve all
permits issued by the city under the purview of Section 253.124.
On motion by Mr. Faircloth, seconded by Mr. Dickinson, and adopted
without objection, the Trustees formally approved the fill permit
issued by the City of Fort Myers on October 16, 1966, to Mr.
Swetnick.
ORANGE COUNTY - The Central and Southern Florida Flood Control
District made application for right of v/ay easement for Canal 29
construction purposes over a parcel of sovereignty bottom land of
Lake Kart in Sections 22 and 23, Township 24 South, Range 31 East,
containing 9.6 acres, more or less, in Orange County. Staff
recommended approval.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth, and
adopted unanimously, that the parcel requested for canal construc-
tion purposes be made available by easement to the District.
VOLUSIA COUNTY - Bulkhead Lines. The City of Port Orange, in
Volusia County, Florida, adopted Ordinance No. 41.06 on October
11, 1366, which described and re-approved all bulkhead lines
located within the city limits theretofore adopted by the city.
Also a new bulkhead map shov/ing the location of all bulkhead lines
1-10-67
- 130 -
theretofore established within the city limits was prepared and
forwarded to the Trustees of the Internal Improvement Fund. The
City of Port Orange requested that the Trustees approve the
action taken in consolidating into one ordinance and showing on
one map the location of all bulkhead lines previously established
in the city limits. Staff recommended approval.
On motion by Mr. Faircloth, seconded by Mx . Dickinson and adopted
unanimously, the Trustees approved the request of the City of
Port Orange for formal approval of all bulkhead lines formerly
established v/ithin the city as consolidated into one city ordinance
and shown on one map.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted
unanimously, the Trustees approved Report No. 900 listing one
regular bid for sale of land in Nassau County under provis j/^s/oi
Chapter 18296, Acts of 1937 - the Murphy Act.
ATTEST :
On motion duly adopted, the meeting wa
DIRECTOR - SECRETARY
Tallahassee, Florida
January 17, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr.
Fred 0. Dickinson, Jr.
Broward Williams
Earl Faircloth
Doyle Conner
Governor
Comptroller
Treasurer
Attorney General
Commissioner of Agriculture
Robert C. Parker
Director
On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted,
the Trustees approved the minutes of the meeting of January 10,
1967.
BREVARD, CHARLOTTE, MONROE COUNTIES - The following three appli-
cations from abutting upland owners were presented with request
for authority to advertise the submerged land for objections only.
1-17-67
- 131 -
1. BREVARD COUNTY - File No. 1957-05-253.12. Grusenmeyer &
Associates, for Whitney A. Brown and wife, abutting upland
owners, offered $1,500.00 per acre, approved by Staff Appraiser,
for purchase of a parcel of submerged land in the Indian River
in Section 26, Township 22 South, Range 35 East, 1.265 acres,
more or less, landward of the established bulkhead line in
Brevard County.
2. CHARLOTTE COUNTY - File No. 1951-08-253.12. Farr, Farr &
Haymans on behalf of Isap Realty Corporation, the abutting
upland owner, offered $500.00 per acre, or $100.00 minimum
in this instance, for purchase of a parcel of submerged land
in Stump Pass Channel in Section 18, Township 41 South, Range
20 East, 0.06 acre, more or less, landward of the established
bulkhead line in Charlotte County.
3. MONROE COUNTY - File No. 1956-44-253.12. Bailey, Mooney, Post
Associates, for Kenneth W. Martin, abutting upland owner,
offered $425.00 per acre, price approved by Staff Appraiser,
for purchase of a parcel of submerged land in the Straits of
Florida in Section 29, Township 64 South, Range 35 East, 0.69
acre in Lower Matecumbe Key, Monroe County.
Motion was made by Mr. Conner, seconded by Mr. Dickinson and adopted
unanimously, that the submerged land in the above three applications
be advertised for objections only.
PALM BEACH COUNTY - File No. 1953-50-253.36. R. Bruce Jones on
behalf of James A. Ball, Jr., and wife, abutting upland owners,
made application for a parcel of reclaimed Lake Okeechobee bottom
land in Sections 13 and 24, Township 43 South, Range 36 East,
1.894 acres in Palm Beach County. Offer of $1,500.00 per acre,
value approved by Staff Appraiser, was made for the 30-foot wide
strip of land which was set aside by the Trustees in the original
platting of the area as access road right of way. The County Commis-
sioners of Palm Beach County in meeting on November 29, 1966, dis-
claimed all use rights in the parcel of reclaimed land.
Staff recommended conveyance without advertising in accordance
with the usual policy of the Trustees for sale of such reclaimed
lake bottom land to the abutting owner.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the reclaimed land applied for by the
abutting owner be sold at the appraised price.
GLADES COUNTY - Lykes Bros., Inc., applied for one-year extension
of its Grazing Lease No. 2160 expiring on January 21, 1957, covering
State Lot 4 in Section 34, Township 40 South, Range 32 East, con-
taining 50.87 acres, more or less, lakeward of the levee. The lease
provides for cancellation by the Trustees after 90-day written
notice, with annual rental of $3.00 per acre. Staff Appraiser
reviewed and approved the current rental.
On motion by Mr. Conner, seconded by Mr. Williams, and adopted
unanimously, the Trustees authorized one-year extension of the lease
on the same terms and conditions.
1-17-57
- 132 -
SHELL LEASES - The State Board of Conservation on this date
approved issuance of new shell lease between the Trustees of
internal Improvement Fund and Tampa Port Autnority, as lessors,
and Bay Dredging and Construction Company of Hillsborough County,
as lessee, covering that part of the submerged land located in
Tampa Bay within the statutory boundaries of Hillsborough and
Pinellas Counties.
Shell leases are administered by the State Board of Conservation.
The Trustees who are vested with title to submerged lands have the
authority to execute the leases by virtue of the title being vested
in them. Some of the area covered in the subject lease was granted
to the Tampa Port Authority by Legislative Act, which accounts for
that agency being named as a lessor.
Upon motion by Mr. Williams, seconded by Mr. Faircloth and adopted
unanimously, the Trustees concurred with the State Board of Conser-
vation in approving issuance of the new shell lease on the terms
and conditions as outlined in a copy of the lease forwarded to the
Trustees' office by the State Board of Conservation Staff.
MANATEE COUNTY - File No. 1913-41-253.124. Staff recommended
formal approval of the fill permit issued by the Town of Longboat
Key Commission in meeting September 13, 1966, under the provisions
of Section 253.124 Florida Statutes, to Leffel Brown to fill the
0.10 acre parcel of submerged land in Section 31, Township 35
South, Range 17 East, Manatee County, which was conveyed by the
Trustees under the referenced file number.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted without objection, that the Trustees formally approve the
fill permit issued by the Town of Longboat Key to Mr. Brown.
MONROE COUNTY - The State Road Department requested dedication of
a parcel of submerged land in Bogie Channel in Sections 13 and 14,
Township 66 South, Range 29 East, for road right of way purposes.
The parcel was needed for construction of a bridge between Big
Pine Key and No Name Key, for SRD project identified as Section
90530-2617.
Motion was made by Mr. Conner, seconded by Mr. Dickinson and
adopted without objection, that the parcel be dedicated to the
State Road Department as requested.
PINELLAS COUNTY - Pinellas County Water and Navigation Control
Authority submitted application on behalf of Dr. Joseph C. Rush
for state permit for removal of 1,300 cubic yards of fill material
from Boca Ciega Bay for improvement of the applicant's upland at
Lot 10 and northerly 12 feet of Lot 11, Block E, Jungle Shores,
south of Bay Pines in Pinellas County. Pinellas County Permit No.
DO-148 was issued to the applicant, all necessary exhibits and
payment for the fill material in the amount of $65.00 were
submitted. Staff recommended approval.
On motion by r^r. Dickinson, seconded by Mr. Williams, and adopted
unanimously, the Trustees authorized issuance of state permit to
Dr. Rush for removal of the requested amount of material to
improve his upland property.
1-17-67
- 133 -
DUVAL AND PINELLAS COUNTIES - The following applications were
presented for state commercial dock permits:
1. DUVAL COUNTY - Atlantic Dry Dock Corporation, to construct
a marine railway into the St. Johns River on the northeast
shore of the intersection of Sisters Creek near Fort George Island.
2. DUVAL COUNTY - Houdaille-Duval-Wr ight Company, to construct
a pier for loading barges by use of Travelift gantry-type
cranes on the north bank of the Trout River between the Seaboard
Air Line Railroad bridge and the Atlantic Coast Line Railroad
bridge just outside the corporate limits of Jacksonville.
Approved by Pinellas County Water and Navigation Control Authority
and referred to Trustees for issuance of state permits:
3. PINELLAS COUNTY - Charles H. Kirk, to construct an addition
to an existing dock in Clearwater Harbor at Lots 5 and 5, Unit 5,
Bay Esplanade.
4. PINELLAS COUNTY - Otto H. Gerken, to construct a "T-head" dock
in Boca Ciega Bay at Lot 6, Block 9, Treasure Island.
5. PINELLAS COUNTY - Warner S. McCall, to construct a dock in
Boca Ciega Bay at Lots 11 and 12, Block 9, Treasure Island.
All required exhibits including $100.00 processing fee were sub-
mitted for each, and the Staff recommended approval.
Motion was made by Mr. Dickinson, seconded by Mr. Conner and
adopted unanimously, that state commercial dock permits be issued
to each of the five above applicants.
POLK COUNTY - The City of Winter Haven, Florida, requested permis-
sion to dredge 7,000 cubic yards of material from Lake Lulu to
improve the upland lakefront area for recreation in connection with
the adjacent city baseball stadium complex and citrus exposition
area. The Florida Game and Fresh Water Fish Commission inspected
the site and approved the project. The city requested waiver of the
required fee.
Motion was made by Mr. Conner, seconded by Mr. Williams and adopted
unanimously, that permission be granted to the City of Winter Haven
to dredge the requested amount of material from Lake Lulu for the
municipal project, without charge.
SARASOTA COUNTY - Bulkhead Line. Sarasota County Water and Naviga-
tion Control Authority by Resolution No. 67-1-M adopted on Decem-
ber 27, 1966, amended an existing bulkhead line in Little Sarasota
Bay south of Stickney Point Bridge in Section 20, Township 37 South,
Range 18 Sast, Sarasota County. The marine biologist with tl.c State
Board of Conservation investigated the site and waived objection,
as the area was not grassy nor a sport or commercial fishing ground.
There were objection at the local public hearing based on conser-
vation of water areas and opposition to any filling. Sarasota
County advertised the bulkhead line, purchase of submerged land and
proposed filling.
The Director explained that a former owner had built a dike in
preparation for filling, which was stopped, that relocation of the
1-17-67
- 134 -
waterway would require removal of dredged material and finding
a place for the material to be deposited, and that the objections
to dredging and filling in the open waters of the Bay were not
well founded.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted without objection, that the Trustees formally approve
the amended bulkhead line adopted by Sarasota County Water and
Navigation Control Authority on December 27, 1966.
VOLUSIA COUNTY - File No. 1939-64-253.129. Upon motion made by
Mr. Dickinson, seconded by Mr. Faircloth and adopted without
objection, the Trustees authorized issuance of a disclaimer for
handling charge of $10.00 to The Wedge, Inc., under the provisions
of Section 253.129 Florida Statutes, covering a parcel of sovereignty
land in the Halifax River in Section 5, Township 15 South, Range
33 East, Volusia County, which was filled prior to May 29, 1951.
COLLIER COUNTY - Refund. Request was made for issuance of refund
in the amount of $1,680.00 to T. E. Curcie, representing over-
payment for fill material. The Trustees on June 14, 1966, approved
a dredge and fill permit for Mr. Curcie to improve upland property
in the unincorporated area of Collier County near Goodland, Florida.
He forwarded a deposit in the amount of $3,600.00 covering the cost
of 200,000 cubic yards of fill material. On January 4, 1967, Tri-
County Engineering, Inc., the firm in charge of the dredging
operation, certified that the actual amount of fill material dredged
was 66,000 cubic yards ($1,920.00) instead of the 200,000 cubic
yards purchased, and requested refund of the overpayment.
The Director said that after investigating the area to be dredged
with the marine biologist of the State Board of Conservation, the
Trustees' Staff in the public interest restricted the dredging
operation so that the applicant was not able to get as much material
as he had paid for. Staff recommended that refund be made.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted unanimously, that the recommendation be approved and refund
of $1,680.00 be made to T. E. Curcie.
TRUSTEES ' FUNDS - On December 13, 1960, the Trustees authorized
use of funds in the amount of $57,873.00 to renovate a portion of
the sub-basement in the south wing of the capitol building to
provide accommodations for the Capitol Press Corps. Subsequent
change orders made it necessary to advance additional funds to a
total amount of $61,786.00, which is being repaid, without interest,
from rental received from occupants of the facilities. The balance
as of January 1, 1967, was $27,305.00.
Secretary of State Tom Adams, as custodian of the capitol building
and chairman of the Capitol Center Planning Committee, forwarded
a request that Trustees' funds be made available in an amount not
to exceed $5,000.00 for the purpose of remodeling the area so that
it would accommodate more newsmen. This loan would be added to
the balance due and would be repaid from additional rent to be
received.
Mr. Parker said the Trustees were already committed in the facili-
1-17-67
- 135 -
ties by reason of the loan made in 1960. He added that this loan
was made without interest, but normally the Board required
interest on advances of Trustees' funds.
Motion was made by Mr. Dickinson, seconded and adopted unanimously,
that an amount not to exceed $5,000.00 be advanced from Trustees'
funds for accommodations for the Capitol Press Corps, said amount
to be added to the balance due and to be repaid from rent receipts
from occupants of the facilities in the capitol building.
SUBJECTS UNDER CHAPTER 18296
DADE COUNTY - Upon motion by Comptroller Dickinson, seconded and
adopted without objection, the Trustees authorized issuance of
$10.00 refund to Burton B. Loebl, which was submitted with appli-
cation for release of the state road right of way reservation
contained in Dade County Murphy Act Deed No. 1164, for the r,^€i3on
that the State Road Department did not recommend the releaS/<
On motion duly adopted, the meeting was
ATTEST: f ^-^^^^^^ /^ /^<^.^
DIRECTOR - SECRETARY
* * *
* * *
Tallahassee, Florida
January 24, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Claude R.Kirk, Jr. Governor
Fred 0. Dickinson, Jr. Conptroller
Broward Williams Treasurer
Robert C. Parker
Director
On motion duly adopted, the Trustees approved minutes of the meeting
held on January 17, 1967.
The following five (5) applications were considered by the Trustees
at their meeting held at 10:00 A.M. on this date althouth advertised
for sales to be held at 2:00 P.M. The action taken by the Trustees
was conditioned ipon there being a staff member present in the Board
Room at the hour of 2:00 P.M. (former regular scheduled time for
meetings) to hear objections, if any, that might be submitted on
this date in opposition to confirmation of subject sales. There
were no persons present at the afternoon hour to register objections
to any of the following five (5) sales.
1-24-67
- 136 -
BREVARD COUNTY - File No. 1894-05-253.12. On December 6, 1966,
the Trustees considered application from Poe Investment, Inc.,
abutting upland owner, with offer of $1,500.00 per acre, the value
reported by Staff Appraiser, for purchase of a parcel of submerged
land in the Indian River in Section 34, Township 21 South, Range
35 East, and Section 3, Township 22 South, Range 35 East, contain-
ing 9.376 acres, more or less, in the City of Titusville landward
of the established bulkhead line in Brevard County. Notice of
sale was published in the Titusville Star-Advocate, proof of pub-
lication filed, and no objection to the sale was received.
On motion by Mr. Dickinson, seconded by Mr. Williams, and adopted
unanimously, the Trustees confirmed sale of the advertised parcel
to the riparian owner at the appraised price.
BREVARD COUNTY - File No. 1895-05-253.12. On December 6, 1966,
the Trustees considered application from Edward G. Nelson, the
abutting upland owner, with offer of $1,500.00 per acre, approved
by the Staff Appraiser, to purchase a parcel of submerged land in
the Indian River in Section 3, Township 22 South, Range 35 East,
containing 3.18 acres, more or less, in the City of Titusville
landward of the established bulkhead line in Brevard County. Notice
of sale was published in the Titusville Star-Advocate, proof of
publication filed, and no objection to the sale was received.
On motion by Mr. Dickinson, seconded by Mr. Williams, and adopted
unanimously, the Trustees confirmed sale of the advertised parcel
to the riparian owner.
MANATEE COUNTY - File No. 1935-41-253.12. On November 29, 1966,
the Trustees considered application from Hugo R. Greisen and wife,
abutting upland owners, with offer of $800.00 per acre, the value
approved by the Staff Appraiser, for purchase of a parcel of sub-
merged land in the Manatee River in Section 20, Township 34 South,
Range 17 East, containing 0.5 acre, more or less, landward of the
established bulkhead line in Manatee County. Notice of sale was
published in the Bradenton Herald, proof of publication filed and
no objection received.
On motion by Mr. Dickinson, seconded by Mr. Williams, and adopted
unanimously, the Trustees confirmed sale of the advertised parcel
to the riparian owners.
PALM BEACH COUNTY - File No. 1936-50-253.12. On December 6, 1966,
the Trustees considered application from Frank G. Richert, abuttinj
upland o\^mer, with offer of $1,401.00 per acre, the value approved
by the Staff Appraiser, for purchase of a parcel of submerged land
in Lake Worth in Sections 3 and 4, Township 43 South, Range 43 East,
containin.j 0.161 acre, more or less, in the City of West Palm
Beach landward of the established bulkhead line in Palm Beach
County. Notice of sale was published in the Palm Beach Post,
proof of publication filed and no objection received.
On motion by Mr. Dickinson, seconded by Mr. Williams, and adopted
unanimously, the Trustees confirmed sale of the advertised parcel
to the riparian owner.
1-24-67
- 137 -
PALM BEACH COUNTY - File No. 1478-50-253.12. On December 13, 1966,
the Trustees considered application from Lucille deTar Colyer,
abutting upland owner, with offer of $1,453.75 per acre, appraised
price, for purchase of a tract of submerged land in Lake Worth in
Sections 15 and 22, Township 42 South, Range 43 East, in the Village
of North Palm Beach, abutting and surrounding Island No. Two in
said Section 22, sometimes known as Little Munyon island, contain-
ing 15.114 acres, more or less, within an established bulkhead line
in Palm Beach County. Notice of sale was published in the Palm
Beach Post, proof of publication filed.
Letter from the Mayor of the Town of Palm Beach Shores, located
nearly two miles south of the proposed sale, reaffirmed opposition,
set out in Town Resolution No. 56, to any sale of bottom land in
Lake Worth and any dredging of state-owned land to be used as fill.
In view of the fact that the dredging operation would be largely
within the right of way of the intercoastal waterway, and the parcel
was in an area where previous dredging activities for navigation
and reclamation had substantially destroyed the prime spavining and
feeding grounds, the Staff felt that the objection should be over-
ruled and the sale confirmed. The Florida Board of Conservation
previously reported on the siltation in Lake Worth.
On motion by Mr. Dickinson, seconded by Mr. Williams, and adopted
unanimously, the Trustees confirmed sale of the advertised parcel
to the riparian owner.
MANATEE COUNTY - File No. 1955-41-253.12. Clyde H. Wilson on
behalf of Edward J. O'Donoghue and wife, abutting upland owners,
made application to purchase a parcel of submerged land in Sarasota
Bay in Section 25, Township 35 South, Range 16 East, 0.195 acre
in the Town of Longboat Key landward of the established bulkhead
line in Manatee County. A value of $700.00 per acre for the land
was approved by the Staff Appraiser.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
unanimously, the Trustees authorized the parcel advertised for
objections only.
CHARLOTTE COUNTY - Drilling Lease No. 224-B as Modified. Mobil Oil
Company, the owner of an interest in Drilling Lease No. 224-B, as
Modified, by assignment approved by the Trustees, had assumed the
drilling requirements set forth in said lease and had applied for
a drilling permit; but for reason beyond the control of the company
the issuance of the drilling permit for a well located some five
(5) miles offshore from Charlotte County upland was delayed until
it was issued on December 13, 1966, by the State Board of Conserva-
tion conditioned upon the company furnishing a bond in the amount
of $500,000.00 to save the State of Florida harmless from any
damage that might occur by reason of the drilling operations.
Subject lease had a balance of 1,379 feet to be drilled on or
before March 27, 1966, to comply with the drilling requirements.
On February 15, 1966, the Trustees extended the time within which
to comply with the drilling requirements, and on August 30, 1966,
an additional six months' extension was approved for the reason
set forth in the minutes of those meetings.
1-24-67
- 138 -
On November 22, 1966, the Board of County Commissioners of
Charlotte County adopted Resolution No. 66-54 which expressly
prohibited the drilling operations authorized and contemplated
by the drilling permit issued to Mobil Oil Company by the State
Board of Conservation on December 13, 1966. In response to a
request from the Staff, the Attorney General advised that in his
opinion the county resolution was invalid and unless the Board
of County Commissioners acted to repeal the resolution, he would
recommend that the Trustees authorize institution of legal pro-
ceedings to have a court of competent jurisdiction pass on the
validity of the resolution. Discussions with the Charlotte County
Attorney indicated that the County Commission would be reluctant
to take action to repeal the resolution.
The Director said that in his opinion the county was trying to
invade the jurisdiction of the Trustees, that the county would
prevent the drilling which was required by the state lease terms,
that he thought the local concern regarding possible hazards from
drilling operations had been magnified out of proportion. He
advised that the county attorney indicated a desire to cooperate
in event of legal action to test the validity of the county's
action.
Mr. Williams expressed great concern at the situation and doubt as
to how the litigation should proceed. He suggested that the lessee
might take legal action, and that the situation called for study
by an appropriate legislative committee as the county resolution
was in conflict with the Trustees' statutory authority to regulate
submerged land.
Governor Kirk said the county was in the position of contesting the
jurisdiction of the state, that the Attorney General felt that the
county resolution was invalid, and the Trustees should protect
the state's interest. Mr. Dickinson said the Board would be on
sound ground to proceed with litigation pending some action by the
legislature .
Motion was made by Mr. Williams, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees authorize the Attorney
General to institute proper legal proceedings to have the validity
of the resolution of the Board of County Commissioners of Charlotte
County tested.
Mr. Williams also made a motion, which was adopted without objec-
tion, that the Director be authorized to bring to the attention
of the appropriate legislative committee the need for a review of
this entire field with respect to the authority of the Trustees
to execute and administer leases of these offshore submerged lands
without unreasonable interference by reason of local zoning or
other types of ordinances or resolutions which attempt to negate
and nullify the authority of this state agency in this field.
In recognition of the delay contemplated by litigation, the Staff
requested the Trustees to approve an extension for a period of
six (6) months from and after March 27, 1967, within which Mobil
Oil Company should be required to commence drilling operations
required under terms of Drilling Lease No. 224-B, as Modified.
On motion by Mr. Dickinson, seconded by Mr. Williams and approved
unanimously, the Trustees did approve such extension as recom-
mended by the Staff.
1-24-67
- 139 -
DADE COUNTY - Application was presented from Oceancoast Corpora-
tion for a state commercial dock permit autnorizing construction
of a wharf and finger piers in Indian Creek at applicant's upland
described as the SH of Lot 12 and Lots 13 through 18, First Ocean
Front Subdivision, Miami Beach, Dade County. All required
exhibits, including $100.00 processing fee, were submitted.
The Director said that the difficulty the Trustees had with Ocean-
coast in the matter of the building constructed on the outlot
which had been conveyed with restrictive clause prohibiting a
building, had been terminated by removal of the building as set
forth in the Stipulation dated September 23, 1966, in Chancery
No. 66c 359.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted without objection, that state commercial dock permit be
issued to the applicant.
ESCAMBIA COUNTY - File No. 1960-17-253.129. Staff requested
authority to issue (1) a disclaimer to the United States of
America for handling charge of $10.00 under the provisions of
Section 253.129 Florida Statutes, for 5 separate parcels of sover-
eignty land in Perdido Bay in Section 4, Township 2 South, Range
32 VJest, which were filled prior to May 29, 1951, containing a
total of 1.10 acres in Escambia County, and (2) dedication to the
United States authorizing exclusive use of 5.68 acres in said
Section 4 lying between the mean high water line and the mean low
water line of the Perdido Bay adjacent to Outlying Landing Field
Bronson, for security purposes.
In response to question by Mr. Dickinson, the Director said the
Trustees' office had no knowledge of any objections, and it was
for the defense establishment.
Motion was made by Mr. Dickinson, seconded by Mr. V/illiams and
unanimously adopted, that the Trustees authorize issuance of the
disclaimer and the dedication to the United States as requested.
GLADES COUNTY - T. M. Beck, holder of Grazing Lease No. 1077 which
expired on November 14, 1965, requested a three-year extension on
the same terms. The lease covered 100 acres of reclaimed Lake
Okeechobee bottom land in the SE^ of Section 28, Township 40 South,
Range 32 East, Glades County, and had required annual rent of
$1.00 per acre with provision for cancellation after 60-day
written notice.
Staff Appraiser inspected the parcel and recommended annual rent
of $3.00 per year.
On motion by Mr. Williams, seconded by Mr. Dickinson, unanimously
adopted, the Trustees authorized issuance of new lease to T . M.
Beck for three years with annual rent of $3.00 per acre, with
other terms and conditions the same as in previous lease.
LEE COUNTY - File No. 1799-36-253.124. Motion was made by Mr.
Dickinson, seconded by Mr. Williams, and unanimously adopted, that
the Trustees formally approve fill permit issued by the Board of
County Commissioners of Lee County in meeting September 7, 1966,
1-24-67
- 140 -
under the provisions of Section 253.124 Florida Statutes, to Palm
Acres. Inc., to fill the 2.603 acres of submerged land in Section
34, Township 45 South, Range 23 East, Lee County, previously con-
veyed by the Trustees under the referenced file number.
PALM BEACH COUNTY - Florida Power and Light Company requested a
30-foot easement for the construction, operation and maintenance
of an electric transmission and distribution line across three (3)
parcels of land of the Trustees between Belle Glade and Pahokee in
Palm Beach County, to be an additional source of supply and tie
between the South Bay switching station direct to the Pahokee
substation. The 13-mile route lay adjacent to roads, canals and
railroads on the perimeter of the farming area, rather than
through and across Trustees' lands. One tract of land that would
be required was 10 acres in Agricultural Lease No. 1436 from the
Trustees to Pahokee Farms, Inc., a second parcel of 1.3 acres was
under Land Use Agreement No. 1433 to Belle Glade High School for
agricultural education projects, and a third parcel of 1.5 acres
was used by the City of Belle Glade under Permit. No. 1144 for
borrow pit purposes.
Each of the above lessees or permittees of the Trustees had sub-
mitted written approval consenting to the easement, and it was
understood that the 10-acre parcel under lease to Pahokee Forms,
Inc., would be deducted from the acreage under lease.
Florida Power and Light Company normally paid land owners fifty
per cent of the land value for easement rights. However, due to
the type of land involved and urgent need for the line, the company
offered the full appraised fee value of $1,500.00 per acre for the
12.8 acres, amounting to $19,200.00.
The easement would not destroy use of the land, but would impair
it. Mr. Dickinson said the new lines were urgently needed for
additional power in an area where the state owned land.
On motion by Mr. v;illiams, seconded by Mr. Dickinson, and adopted
unanimously, the Trustees approved issuance of a 30-foot easement
to the Florida Power and Light Company covering the three parcels
of land for the charge of $19,200.00.
VOLUSIA COUNTY - File No. 1958-64-253.12(1) Gautier and Chisholm
on behalf of Holiday Harbors of America, Inc., applied for con-
veyance under the provisions of Section 253.12(1) Florida Statutes,
of a parcel of sovereignty land in the Halifax River in Section
2, Township 16 South, Range 33 East, Volusia County, which was
filled subsequent to May 29, 1951, and prior to June 11, 1957,
containing 0.13 acre. Applicant offered the appraised value
of $300.00 per acre or $39.00 for the parcel, being the value
of the submerged land as it existed prior to filling, in accor-
dance with the law.
On motion by Mr. Dickinson, seconded by Mr. Williams, and adopted
unanimously, the Trustees approved the application for conveyance
under the provisions of Section 253.12(1).
On motion duly adopted, the meeting was adjourned
1-24-67
141 -
ATTEST
= C?.^^^.. (^^>l^
DIRECTOR
SECRETARY
Tallahassee, Florida
January 31, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present:
Claude R. Kirk, Jr.
Fred 0. Dickinson, Jr ,
Broward Williams
Earl Faircloth
Doyle Conner
Governor
Coirptroller
Treasurer
Attorney General
Commissioner of Agriculture
Robert C. Parker
Director
Upon motion duly adopted, the minutes of the meeting of January
24, 1967, were approved as submitted.
MORATORIUM ON SUBMERGED LAND SALES - Attorney General Faircloth
by memorandum dated January 20, 1967, to the other members proposed
that the Trustees place a moratorium into effect on further sales
of submerged land and reclaimed lake bottoms from this date until
the adjournment of the 1967 regular session of the Legislature,
except in cases where undue hardship or injustice would be caused,
or the public interest thwarted, by such postponement. The
purpose was to give the Legislature an opportunity to establish
sound, clear, consistent and comprehensive policies in the admin-
istration of state-owned lands to assure the highest and best use,
in the public interest. On this date, Mr. Faircloth made a motion
that the Trustees put such a moratorium into effect.
Mr. Faircloth said that two legislative committees were working
toward overall policies regarding disposition of the state's very
valuable remaining land, especially the submerged land, that the
Governmental Reorganization Committee was concerned with distri-
bution of the lands now among various agencies, but that there was
now an inventory of state-owned land. He said the Director had
certain suggestions for legislation, and that the Board should take
cognizance of the importance of having clear and comprehensive
policies set by the Legislature. He pointed out a Circuit Court
ruling that the Trustees had only ministerial and not discretionary
duties, which should be clarified by legislation. He felt that
the Board might be committed to sell land in certain circumstances
but that the applicant should make a presentation of hardship or
injustice such as, for example, that he had relied on what he
thought the policy was, made commitments and expenditures of money.
1-31-67
- 142 -
He might vote on such an application that was pending, but would
vote against any new application to purchase submerged land. In
his opinion the public had rights to the waterfronts and public
interest might not reside with a local municipality.
Only for the purpose of discussion, Mr. Conner seconded the motion,
expressing doubt that he was in accord.
Mr. Williams said he and all the members were very much concerned
with tightening up sales of state lands and preserving land for
parks and recreation, which was being done now. Each application
coming before the Board was checked, the Staff pointed out land
with value for parks, each week they considered and made decisions
as to whether land should be sold. He did not think he needed
additional guidelines and would be very much concerned about denying
the public the right to be heard. He asked the Attorney General
to withdraw his motion for a week to give him an opportunity to
be satisfied that the public would not be denied the right to have
his application considered.
Governor Kirk said that this cabinet and prior ones had administered
the policy with all due diligence, but since new policies might be
needed, he suggested a reasonable time for the Trustees, who were
probably more cognizant of the total planning picture, to review
policies and mechanics and reach a consensus as to recommendations
to present to the Legislature.
Mr. Dickinson understood what the Attorney General desired to
accomplish but was concerned that there be some leeway where action
was merited and applications were pending. He felt that geographic
differences made completely different circumstances requiring
individual consideration, which might cause confusion and problems
if rules were inflexible. All were concerned, he thought, with
any improvements needed, with conservation and prevention of
exploitation of state land for private profit - but there were
some meritorius private applications. He believed the Trustees
carried out the intent of the Legislature as the policy now stood
aid they had no right to deny .consideration, but he would support
the motion if it did not prevent any citizen from coming before
the Board .
Mr. Conner did not agree with placing a moratorium but said he
had always concurred in retaining any land that had potential use
for recreation or other public purpose. He pointed out that it
was the legislative intent that the upland owner should have the
use of land out to the bulkhead line, that it appeared that the
proposal would be changing the law which he was not sure he
wanted to do. The Trustees had the responsibility to recommend
amendments to the law, but should not be premature. If an appli-
cation was determined to offer no harm to conservation, an
individual should not have to assume the burden of proving it was
a hardship case. He thought an applicant would go along with a
brief postponement, however.
Mr. Conner said it would be a big responsibility for the Staff
to decide what was a hardship. The Director had already received
calls regarding that. Mr. Dickinson said the Board would make
that decision when considering applications which in the discre-
tion of the Staff should be presented. Mr. Conner said his vote
would be based on the Staff recommendation.
Senator Beth Johnson of Cocoa Beach, speaking in favor of the
Attorney General's motion, said it did not indicate to her any
criticism of past action of the cabinet but that a delay of eight
weeks would not be long to allow time to review just what was
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happening to the state-owned lands and set clear and concise
policy on overall sales, and simple guidelines. She felt that
agreeing to consider hardship applications would cover any
eventuality, and while there were serious problems in Brevard
County, for instance, she would strongly support the motion.
Governor Kirk offered as an amendment to the motion that the mora-
torium be limited to a period of 45 days within which time the
Board would review the present policy, decide whether it was within
the purview of propriety, and make recommendations for any needed
legislation, allowing consideration in the meantime of pending
applications with the hardship provisions as stated in the Attorney
General ' s motion .
The amended motion was that the Trustees place a moratorium into
effect on further sales of submerged land and reclaimed lake bottoms
from this date for a period of 45 days, except in cases where undue
hardship or injustice would be caused or the public interest
thwarted by such postponement, and that the Trustees study the
current policies with a viev; of formulating recommendations to be
presented to the Legislature. The vote was as follows: Aye,
Governor Kirk, Messrs. Fair cloth, Dickinson and Conner; Nay, Mr.
.Jilliams .
The Trustees directed Mr. Parker to meet with the members for study
of policies, need for improvements in procedures or policy, and to
present the consensus of the Board to the appropriate legislative
committees.
BREVARD COUNTY - Bulkhead Line; File Nos . 1943-05-253.12 and
1944-05-253.12.
The Board of County Commissioners of Brevard County by Resolution
adopted October 20, 1966, amended the bulkhead line along the east
shore of Merritt Island in Newfound Harbor in Section 36, Township
24 South, Range 36 East, and in Section 1, Township 25 South, Range
36 East, in Brevard County. There were no local objections. Plans
for development within the line included a much-needed north-south
highway, for which the County Commission by resolution requested
the Trustees to dedicate the right of way. Riparian owners had
submitted their written consent to this dedication. County Commis-
sioner George King, Jr., advised that the right of way from State
Road 520 north to State Road 528 had been acquired, that NASA had
indicated an interest in constructing a road through their property
north of State Road 528 to facilitate moving employees to their
jobs in MILA. This route would reduce the traffic load using the
main gate to the Cape.
In recognition of the public benefits by reason of construction of
the road, the Staff felt justified in recommending approval of the
bulkhead line. However, the Board of Conservation reported that
the area was a productive nursery and feeding ground for marine
animals important to commercial and sport fishing.
File No. 1943-05-253.12. Moore & Amari on behalf of Merritt Square
Corporation, the abutting upland owner, applied to purchase a parcel
of submerged land in Newfound Harbor in Section 36, Township 24
South, Range 36 East, landward of the above described bulkhead line.
Mr. Frank Glussman was present to speak in behalf of this applica-
tion, the development of which had been in progress for approxi-
mately two years and was now in the stage of closing negotiations
with tenants for the shopping center and closing a loan. They had
changed surveys to tie in with the county road plans, and would
fill the road in the overall development. Mr. Glussman pointed
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out that only 11.31 acres was applied for, and it was a hardship
because a delay might jeopardize their financial arrangements.
$1,840.00 per acre was offered for the land.
File No. 1944-05-253.12. Coming within the same bulkhead line
and adjacent to the above mentioned application was a parcel of
submerged land in Newfound Harbor in Section 36, Township 24 South,
Range 36 East, 12.44 acres, applied for by John M. Starling for
General Canaveral, Inc., abutting upland owner. Offer of $1,840.00
per acre was made for the land. The Staff recommended advertise-
ment for objections only, considering that these two applications
would come within the classification of hardship under the mora-
torium approved on this date.
The conservation report was read and discussed, the problem of the
need for highway access recognized. Mr. deFrancisco, on behalf
of Commissioner King, explained the urgency of the traffic problem,
the time and work that had gone into planning, the saving in money,
and that there would be a fine parkway with a considerable amount
more of grassy bottoms and fish areas spared by the proposed road.
He said the local legislative delegation was in favor and no
objections were presented to the Board of County Commissioners.
At this point, the need for pumping of fill material for the road
right of v/ay and the two above applications was discussed. Mr.
Faircloth asked whether the conservation report contemplated the
damage that would be done by pumping, and the Director said that
pumping would be from deep water areas and this did not cause the
same damage as grassy bottoms.
In order to allow more investigation of possible damage to the
conservation values, the Trustees, on the motion by Mr. Faircloth,
seconded by Mr. V/illiams, and adopted unanimously, deferred for
one week decision on the bulkhead line and two applications for
purchase of submerged land.
HILLSBOROUGH COUNTY - File No. 1931-19-253.12. Also presented as
a hardship case was the application of Lawrence J. O'Neill for
Francis J. Corr, et ux, et al, abutting upland owners, for purchase
of 3 separate tracts of submerged land in Tampa Bay in Sections
16, 17, 19, 20 and 30, Township 31 South, Range 19 East, totalling
350 acres, more or less, landward of part of the Apollo Beach
development area. The land was appraised at $125.00 per acre.
Adrian S. Bacon, an attorney of St. Petersburg, representing the
applicants on this date, said the application did indeed fall within
the undue hardship classification, that the Apollo Beach project
began with wild swampy land, the bulkhead line was approved and
part of the land in the master plan was purchased, development
commenced, homes built, and several million dollars invested.
Difficulties led to litigation, delay by reason of Federal Court
restraining order affecting the whole project through no fault of
his clients who were now trying to rehabilitate the project and
complete the development. The application was for areas along the
shoreline, inside areas already sold and filled; therefore, there
appeared to be no basis for conservation problems.
Motion was made by Mr. Conner, seconded by Mr. Williams, and
adopted unanimously, that the land be advertised for objections
only.
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SARASOTA COUNTY - File No. 1968-58-253.12. Another application
presented as a hardship case on this date was that of Morris
Trading Co., abutting upland owner, for which firm Butler & Weber
filed offer of $1,250.00 per acre, more than the appraised value,
for a parcel of submerged land in Sarasota Bay in Section 20, Town-
ship 37 South, Range 18 East, 2.7 acres landward of established
bulkhead line. The Director said that West Coast Inland Navigation
District had been required to realign the waterway and the area
applied for would be used for deposit of spoil material.
Gilbert Smith, representing the District, said realignment was
required because of construction plans for a new bridge, and if
the oi,imer's offer to accept the spoil on upland as well as the
submerged land in the application was not accepted, the only alter-
native v/ould be to put spoil on areas of the open water. The
Director pointed out that this will not constitute further encroach-
ment into the bay but would be within the dike in place.
Motion was made by t'lr . Conner, seconded by Mr. Faircloth and adopted,
that the land be advertised for objections only.
CLAY COUNTY - Bulkhead Line. The Commission of the Town of Orange
Park, Florida, by Resolution of December 6, 1966, established a
bulkhead line in the St. Johns River offshore from Blocks 12 and
13, in Section 2, Town of Orange Park, located in Section 41, Town-
ship 4 South, Range 26 East, Clay County. All the required exhibits
were furnished, there were no objections at the local hearing, and
the Board of Conservation reviewed and offered no objection to the
bulkhead line. Staff recommended formal approval of the bulkhead
line .
Motion was made by Mr. Conner, seconded by Mr- Faircloth, and
adopted unanimously, that the bulkhead line be formally approved.
MANATEE COUNTY - Bulkhead Line. By Resolution of January 10, 1967,
the Board of County Commissioners of Manatee County vacated and
deleted a portion of the bulkhead line established July 24, 1961,
which, through error, extended inside the City Limits of the City
of Palmetto. The intent of the Board of County Commissioners was
to terminate the bulkhead line at the easterly city limits.
On motion by Mr. Faircloth, seconded by Mr. //illiams and adopted
unanimously, the Trustees approved the action taken by the Board of
County Commissioners of Manatee County on January 10, 1967, to
terminate the bulkhead line at the city limits by vacating and
deleting from the established bulkhead line the portion which
through error extended inside the city limits.
Volusia County - Bulkhead Line. The Board of County Commissioners
of Volusia County by Resolution No. 67-12 dated January 19, 1967,
established a bulkhead line along the west shore of Rose Bay in
Section 23, Township 16 South, Range 33 East, Volusia County. All
required exhibits were furnished, there were no local objections,
and the Staff recommended approval. The Board of Conservation
reviewed the line and offered no objections.
Motion v;as made by Mr. Williams, seconded by Mr. Conner and adopted,
unanimously, that the Trustees formally approve the bulkhead line
established by the Board of County Commissioners of Volusia County.
1-31-67
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SHELL LEASE - LEE COUNTY - The Florida Board of Conservation
approved issuance of a new dead shell lease between the Trustees
and Fort Myers Shell and Dredging Company, Inc., covering six areas
in the Caloosahatchee River mouth and in Charlotte Harbor. The
new lease would supersede former Shell Lease No. 1917 held by Ft.
Myers Shell Company, now a defunct company.
Staff recommended concurrent approval by the Trustees, and execu-
tion of a new lease on the terms and conditions as outlined in a
copy of the instrument forwarded to the Trustees' office by the
Board of Conservation.
Upon motion adopted unanimously, the Trustees, in concurrence with
action taken on this date by the Board of Conservation, approved
issuance of the new dead shell lease.
BREVARD COUNTY - File No. 1536-05-253.12. On November 16, 1965,
the Trustees confirmed sale of 323.93 acres of submerged land in
the City of Cocoa Beach in Sections 3, 4, 9 and 10 in Township 25
South, Range 37 East, Brevard County, to F. Burton Smith, et al,
the upland owners. Approximately 82 acres of the whole was included
in a deed, and the balance was in four separate purchase contracts.
The tract conveyed by deed, including the 32.25 acres dedicated to
the City of Cocoa Beach for municipal golf course extension, was
filled and platted. In completing this operation, one part of the
platted tract containing 1.28 acres, overlapped into the area under
Purchase Contract No. 24177. One other part containing 2.655 acres
overlapped into the parcel included in Purchase Contract No. 24178.
Before the plat could be accepted for record, the developer needed
fee title to the two small parcels of 1.28 and 2.655 acres. The
Staff requested authority to issue the two deeds and to adjust the
two contracts accordingly. The Director said that the purchaser
had made payments which more than covered the two parcels to be
deeded.
On motion by Mr. Faircloth, seconded by Mr. Williams, and adopted
without objection, the Trustees approved the request.
BREVARD COUNTY - File No. 1821-05-253.124. Staff recommended
approval of fill permit issued by the County Engineering Depart-
ment for the Board of County Commissioners of Brevard County under
the provisions of Section 253.124 Florida Statutes, to \Vhyland,
Inc., to fill the 5.50 acres of submerged land in Section 30,
Township 24 South, Range 37 East, Brevard County, previously
conveyed by the Trustees under the referenced file number.
Motion v;as made by Mr. Williams, seconded by Mr. Conner and duly
adopted, that the Trustees formally approve the fill permit issued
by Brevard County to Whyland, Inc.
PALM BEACH COUNTY - File No. 1922-50-253.124. Staff recommended
formal approval of the fill permit issued by the Town of Lantana,
in Palm Beach County, on December 21, 1966, under the provisions
of Section 253.124 Florida Statutes, to Lantana Boatyard, Inc.,
and Murrelle Marine, Inc., to fill the two contiguous parcels of
submerged land in Section 34, Township 44 South, Range 43 East,
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containing a total of 0.511 acre, more or less, conveyed by the
Trustees under the referenced file number.
I'otion was made by Mr. Williams, seconded by Mr. Conner and duly
adopted, that the Trustees formally approve the fill permit issued
by the Town of Lantana.
PI KELLAS COUNTY - Pinellas County Water and navigation Control
;,uthoritv submitted an application on behalf of Fred A. ,7egner
for a state permit authorizing removal of 500 cubic yards of fill
material from Tampa Bay to improve his upland property at Lot 3,
Gibbs Pinellas Subdivision in Section 14, Township 32 Jouth, Ran^e
16 East, Pinellas County. All required exhibits were received,
$25.00 payment for the material tendered. The Director advised
that a marine biologist of the Board of Conservation worked with
Pinellas Authority in such matters.
Motion v;as made by ::r. Conner, seconded by Mr. Williams, and adopted
without objection, that che Trustees approve issuance of permit for
removal of the amount of material requested by I-lr . 'Wegner to be
deposited on his upland property.
'J^RTIN COUNTY - File No. 342-43-253.12. Upon motion by Mr. Faircloth,
seconded by Mr. 'Williams, and unanimously adopted, the Trustees
authorized issuance of corrective deed for $10.00 handling charge,
to correct an error in Trustees' Deed No. 22126(342-43) dated May
20, 1959, to John S. Michaelson, wherein reference was made to the
"North" line of Government Lot 1, which should have been the "South"
lina .
PINELLAS COUNTY - Deed No. 17650. Staff requested authority to
issue corrective deed for $10.00 handling charge, to correct the
description in Deed No. 17650 dated xMay 17, 1926, issued to H. J.
T'-.rris, v/herein the description was referenced to the government
meander line instead of the line of mean hi-jh water, thereby creat-
ing a hiatus betv/een said line of mean high water and the point of
beginnin;j of the described parcel. The applicant, Frederick G.
ric:''all, successor in title, submitted the $10.00 fee.
On motion by Mr. Faircloth, seconded by Mr. Conner and adopted
unanimously, the Trustees authorized issuance of the corrective
deed .
./AKULL/> COUNTY - C. C. C. Fishing Company, Inc., applied for a
state commercial dock permit for construction of a 300-foot dock
in Dickorson Bay at Lots 5, 7 and 3 of Block "I North" of Panacea
Mineral Springs, in ./alculla County. All required exhibits were
submittcc:, including SIOO.OO processing fee. Staff recommended
approval .
On motion by Mr. Williams, seconded by Hr . Conner and adopted
unanimously, the Trustees authorized issuance of the permit.
SUBJECTS UNDER CHAPTER 1G2 96
otion wa3 made by Mr. Conner, seconded by Mr. Faircloth, and
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adopted unanimously, that Report No. 901 listing four (4) regular
bids for sale of land in Alachua, Okaloosa and Washington Counties
under Chapter 18296, Acts of 1937, be approved and execution of
deeds pertaining thereto be authorized.
On motion duly adopted, the meeting was
ATTEST
DIRECTOR - SECRETARY
IRMAN
* * *
* * *
* * *
Tallahassee, Florida
February 7, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor in the Capitol.
Present: Claude R. Kirk, Jr.
Fred 0. Dickinson, Jr.
Broward Williams
Earl Faircloth
Doyle Conner
Governor
Comptroller
Treasurer
Attorney General
Commissioner of Agriculture
Robert C. Parker
Director
Upon motion duly adopted, the minutes of the meeting of January
31, 1967, were approved as submitted.
BREVARD COUNTY - Bulkhead Line; File Nos . 1943-05-253.12 and
1944-05-253.12.
On January 31, 1967, the Trustees postponed for one week their
consideration of the amended bulkhead line along the east shore of
Merritt Island in Newfound Harbor in Section 36, Township 24 South,
Range 36 East, and in Section 1, Township 25 South, Range 36 East,
Brevard County, which line was adopted on October 20, 1966, by the
Board of County Commissioners. Plans for development inside the
bulkhead line included a north-south highway for which the county
requested dedication of right of way. The riparian owners had
submitted written consent to the right of way. Applications to
purchase submerged land within the amended bulkhead line were made
by Merritt Square Corporation and General Canaveral, Inc., abut-
ting upland owners.
The Florida Board of Conservation report was adverse, and subsequent
to the last meeting objections were received from aviation interests
that the bulkhead line extension jeopardized the existence of the
county Central Brevard Airport. Staff suggested that only the
northern portion of the bulkhead line be approved - about one-half
- 149
2-7-67
mile, to the section line, or that the county might revise the
plan for the southern end so that the road would turn inland or
would swing out around the runway. The latter appeared to involve
a very large area of submerged land.
County Commissioner George King, Jr., in whose district the area
was located, discussed plans made in 1955 by Merritt Island Planning
Department, the tremendous traffic problem and need for the road
south of Road No. 520 causeway. He said the county would agree to
the Trustees approving the northern portion of the bulkhead line
today. He said the plan was their best effort to meet the traffic
need, that final engineering studies were incomplete as to the
southern end of the road but rather than to delete the south portion
the engineers drew the line down to the runway, and some future
exchange of county-owned land might be made . The upland owners
would fill at their expense the 150-foot right of way which the
county has requested the Trustees to dedicate to Brevard County for
road right of way purposes. He said a certain Banana River proposal
would require a much larger fill than this.
Mr. Conner said that the best action appeared to be approval of the
northern portion of the bulkhead line, and that the lower part of
the road should turn inland if it would take care of the traffic.
He said the county should bring another plan to the Trustees for
the southern part of the bulkhead line and highway.
Mr. Faircloth called attention to the amount of submerged land for
which dredging and filling would be the next step. He recognized
the traffic problem but in view of adverse conservation reports he
was not sure the applications could be justified as hardship cases
under the recent moratorium of land sales.
Governor Kirk questioned whether the road would depend on the success
or failure of the private development and whether the public would
be protected by bond. Questions coming to light on this date regard-
ing the airport indicated that a comprehensive plan was needed. The
Board was concerned about the traffic problem but not the land
development, he said.
Motion was made by Mr. Williams and seconded by Mr . Faircloth that
the three Brevard County matters be withdrawn for the Director to
secure more information. No vote was taken on the motion.
Mr. Lee Wenner, Chairman of the Brevard County Commissioners, also
expressed the great need for the north-south highway. He stated
that the county approved the applications and that a security bond
would be required. Mr. Wenner advised that the County Commissioners,
too, were not particularly interested in land developments and had
asked him to request the Trustees to place a moratorium on all sales
in Brevard County for a year.
At Mr. Dickinson's suggestion the Trustees received and took under
consideration the request for a year's moratorium of submerged land
sales in Brevard County.
At this point in the discussion Mr. Frank Glussman, who had repre-
sented the Merritt Square Corporation last week, urged approval at
least of the northern portion of the bulkhead line as delay might
jeopardize the pending leases and the shopping center venture which
had already been delayed for six months when the county requested
right of way for the highway and all engineering plans were changed.
They owned enough land for their particular project but if they went
back to the original plan and developed to their waterfront, he said
it would be impossible to give right of way for the road.
2-7-67
- 150 -
After further discussion it was evident that the absence of a
total, comprehensive plan for the southern portion of the area
prevented approval by a majority of the Trustees.
On motion by Mr. Williams, seconded by Mr. Faircloth, and adopted,
with Mr. Dickinson voting "No", the Trustees declined to approve
the amended bulkhead line set by Brevard County on October 20,
1966.
On the same vote, the Trustees denied the applications to purchase
from (1) Merritt Square Corporation (File 1943-05-253.12) and
(2) General Canaveral, Inc. (File 1944-05-253.12).
DADE COUNTY - Bulkhead Line. Presented for approval was an amended
bulkhead line adopted by the City of Miami Beach by Ordinance No.
1597 on September 21, 1966, located on the east shore of Biscayne
Bay in Section 33, Township 53 South, Range 42 East, Dade Councy.
A hospital was proposed to be constructed inside the bulkhead line.
All required exhibits were furnished and transcript of the local
hearing showed that five proponents appeared and that seven people
opposed the change of bulkhead line. Mr. Jack Courshon objected
for himself and as attorney on behalf of Sunset Islands 3 and 4
Property Owners Association, Inc., citing traffic bottlenecks now
which would be increased by the proposed hospital plan.
Florida Board of Conservation had no objection to, or recommendation
for, the bulkhead line along the heavily dredged and filled bayside
of Miami Beach. Staff recommended approval of the amended bulkhead
line.
Mr. Daniel Burach, president of the above mentioned association,
was present on this date to present objections.
Mr. Williams said he understood that the extension was not essen-
tial to the building of the hospital, would damage the area where
many expensive residences had been built with the thought in mind
that there would be open water access to the bay there and not
the proposed fill.
The Director said Mr. Burach had expressed the concern of owners
that the bulkhead line extension might be a precedent, that the
boatworks might also wish to extend its area.
Mr. Faircloth made a motion that the recommendation for approval
not be accepted for several reasons: first, the extension would
lead to some undesirable things; second, that the hospital could
be built anyway; and also for conservation reasons.
Mr. Conner recommended that the Staff look into the matter of
possibly making a suggestion to the city for modifying the proposed
bulkhead line.
On motion by Mr. Faircloth, seconded by Mr. Williams, and adopted
unanimously, the Trustees denied approval of the bulkhead line.
BREVARD COUNTY - Staff recommended approval of application from
Gloria Dei Episcopal Church to remove 15,000 cubic yards of fill
material from the Indian River to improve upland property in
Section 8, Township 24 South, Range 36 East, Brevard County, pro-
vided that the dredging would be accomplished in the area
2-7-67
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designated by the Board of Conservation marine biologist. All
required exhibits were submitted, including $700.00 payment for
the fill material. Motion was made by Mr. Dickinson, seconded by
Mr. Conner and adopted unanimously, that the Trustees authorize
issuance of permit for taking the requested amount of material
from the designated area for $700.00 charge.
BROWARD COUNTY - Request was made by Mr . J. Easthope, attorney
for and on behalf of Dixie Drainage District (formed in 1963 under
the General Drainage Law) , that the Trustees as the State Board of
Drainage Commissioners appoint Mr. James Nail as Supervisor, a
position which he had occupied for approximately a year while
filling the vacancy created by the resignation of Supervisor David
Russell. At a duly advertised landowners' meeting on December 28,
1966, no legal election could be had because of lack of represen-
tation of a majority of the acreage in the District. Therefore,
under provision of Sections 298.11 and 298.12 Florida Statutes,
those present at the meeting instructed the attorney to request
the appointment of James E. Nail for three years.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth, and
adopted unanimously, that the Trustees, in their official capacity
as the State Board of Drainage Commissioners, appoint James E. Nail
as Supervisor of Dixie Drainage District for a period of three
years from this date.
ESCAMBIA COUNTY - Florida Board of Forestry requested concurrence
by the Trustees and the Governor, in accordance with provisions of
Section 589.10 Florida Statutes, in execution of a quitclaim deed
to Thomas Ward covering 0.5 acre parcel which was part of a surplus
fire tower site reported to have been sold by the Board. It was
discovered that title to the 0.5 acre parcel had not passed to the
Board when the tower site was purchased in 1946, and the quitclaim
would remove the cloud on title of the parcel.
On motion made by Mr. Conner, seconded by Mr. Dickinson, and
adopted unanimously, the Trustees approved concurrence in execution
of the quitclaim deed as requested by the Florida Board of Forestry.
INDIAN RIVER COUNTY - On March 15, 1966, the Trustees approved the
application of Dickerson, Inc., to dredge an estimated 50,000 to
80,000 cubic yards of fill material from the Indian River at Wabasso
in Indian River County. Applicant submitted a deposit of $7,500.00
to cover cost of 50,000 cubic yards, additional payment to be made
upon completion of the project when the amount taken could be deter-
mined. However, the nature of the material required a dredge capable
of cutting rock, applicant was unsuccessful in obtaining a dredge
to remove the material, and application was made for refund of the
amount deposited. Staff recommended that the deposit be returned.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
without objection, the Trustees authorized refund of the amount of
$7,500.00 to the applicant.
LEON COUNTY - Capitol Center. On September 13, 1966, the Trustees
authorized purchase of five specific parcels of land in the capitol
center provided acquisition could be consummated on the basis of
2-7-67
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the appraised price or an agreed-upon price to be approved by the
Trustees. On account of failure to effect purchase on a negotiated
basis of Lots 308, 309, 310, and 311 of Old Plan of the City of
Tallahassee, as recorded in Plat Book 1 at Page 10 of the Public
Records of Leon County, the executive director of the Capitol Cen-
ter Planning Committee by letter to the Staff advised that the
Committee requests the Board of Commissioners of State Institutions
to adopt a resolution authorizing condemnation of said lots.
Condemnation procedure will require expenditure of state funds
and request was made that the Trustees authorize use of funds to
effect acquisition by condemnation.
Staff reviewed the request and since the four lots were within
the newly expanded capitol center area, it appeared appropriate
and in line with established policy to utilize Trustees' funds for
the purpose. Therefore, Staff recommended approval.
Motion was made by Mr. V'Jilliams, seconded by Mr. Dickinson, and
adopted unanimously, that the Trustees authorize expenditure from
the Internal Improvement Fund of the amount necessary to effect
acquisition of the four lots by condemnation.
MONROE COUNTY - The City of Key '.Vest by Resolution No. 67-5 on
January 25, 1967, requested a parcel of submerged land in the city,
in Township 67 South, Range 25 East, abutting Lot 1, Square 2,
Island of Key West, according to V/m. A. Whitehead's Map of 1829,
to be used for boat slips, docking, parking and allied recrea-
tional uses. Staff recommended dedication of the 0.64 acre parcel
to the city for public purposes only.
Motion was made by Mr. Williams, seconded by Mr. Conner and adopted
unanimously, that the parcel requested by the City of Key West be
dedicated for public purposes only.
PINELLAS COUNTY - On motion by Mr. Dickinson, seconded by Mr.
Williams and adopted unanimously, the Trustees approved the
application from Pinellas County Water and Navigation Control
Authority on behalf of Bayview Gardens Housing, Inc., for a state
commercial dock permit for construction of a dock in Tampa Bay
in Section 17, Township 29 South, Range 16 East, Clearwater, for
which all required exhibits and $100.00 fee were submitted.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr. Dickinson, seconded by Mr. Conner, and adopted
without objection, the Trustees approved Report No. 902 listing
Volusia County Quitclaim Deed Nos. 1567, 1680 and 2764-Duplicate
(1 instrument) to McElroy Loan Company, to be issued in lieu of a
quitclaim dated May 27, 1948, to the same grantee, reported to be
lost before recording; and Volusia County Quitclaim Deed Nos. 2949
and 29a7-Duplicate (1 instrument) to Bellemead Development corpo-
ration, to be issued in lieu of a quitclaim dated May 27, 1948,
to the same grantee, reported to be lost before recording.
2-7-67
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On motion duly adopted, the meeting was
ATTEST
DIRECTOR - SECRETARY
* * *
■k -k *
* * *
Tallahassee, Florida
February 21, 1967
The Trustees of the Internal Improvement Fund met on this date
in the Board Room of the office of the Governor in the Capitol,
Present:
Claude R. Kirk, Jr.
Fred 0. Dickinson, Jr.
Broward Williams
Earl Faircloth
Doyle Conner
Governor
Comptroller
Treasurer
Attorney General
Commissioner of Agriculture
Robert C. Parker
Director
On motion by Mr. Conner, seconded by Mr. Dickinson and adopted
unanimously, the Trustees approved the minutes of the previous
meeting held on February 7.
The following three land sales, scheduled for consideration on
February 14 on which date there was no meeting of the Trustees,
were presented on this date with recommendation for confirmation
of the sales.
DADE COUNTY - File No. 1887-13-253.12. On December 27, 1966, the
Trustees authorized advertisement for objections only of a parcel
of submerged land in Biscayne Bay in Section 28, Township 54
South, Range 41 East, containing 0.462 acre, more or less, in the
City of Miami landward of the established bulkhead line, in Dade
County. Louis J. Hector, et al, abutting upland owners, offered
$3,388.00 per acre, the value approved by the Staff Appraiser.
The submerged parcel was advertised in the Miami Review, proof of
publication filed and no objection to the sale received.
Motion was made by Mr. Dickinson, seconded by Mr. Conner and
adopted unanimously, that the Trustees confirm sale of the adver-
tised land to the riparian owners at the price offered.
INDIAN RIVER COUNTY - File No. 1946-31-253.12. On December 27,
1966, the Trustees considered application from Ralph D. Hostetler
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et ux, abutting upland owners, with offer of $200.00 per acre,
price approved by the Staff Appraiser, for purchase of a parcel
of submerged land in the Indian River in Section 33, Township 30
South, Range 39 East, containing 1.93 acres, more or less, landward
of the established bulkhead line in the Ambersand Beach Subdivision
area in Indian River County. Notice of sale was published in the
Vero Beach Press Journal, proof of publication filed and no objec-
tion to the sale received.
Motion was made by Mr. Dickinson, seconded by Mr. Conner and
adopted unanimously, that the Trustees confirm sale of the adver-
tised land to the riparian owners at the price offered.
MONROE COUNTY - File No. 1942-44-253.12. On December 20, 1966, the
Trustees considered application from Edwin E. Crusoe IV, abutting
upland owner, with offer of $300.00 per acre, price approved by
Staff Appraiser, for purchase of a parcel of submerged land in Niles
Channel in Section 19, Township 66 South, Range 29 East, containing
1.0 acre, more or less, at Middle Torch Key in Monroe County.
Notice of sale was published in the Key West Citizen, proof of
publication filed and no objection to the sale received.
Motion was made by Mr. Dickinson, seconded by Mr. Conner and
adopted without objection, that sale of the advertised parcel be
confirmed in favor of the riparian owner at the price offered.
Governor Kirk mentioned the 45-day moratorium on sales of submerged
land and reclaimed lake bottoms which the Trustees put into effect
on January 31, and the Director assured him that all matters placed
on the agenda were carefully studied and no matters were being pre-
sented to the Trustees which would come under the moratorium.
Attorney General Faircloth said that in a few days he would have
some proposed recommendations ready for consideration by all the
members prior to the expiration of the moratorium period.
The Director said that the Staff was also working on recommenda-
tions, and arrangement would be made with the Governor's Staff for
a visit of the Elliot Building by the Governor and a review of the
work of the Trustees' Staff.
DADE COUNTY - The City of Miami by Resolution No. 38358 adopted
by the City Commission on January 23, 1967, requested dedication
of a parcel of submerged land containing 0.03 acre, more or less,
in Section 18, Township 53 South, Range 42 East, Dade County,
lying between the westerly shore line of Biscayne Bay and the Dade
County Bulkhead Line at the easterly terminus of Shady Lane, for
street extension purposes.
Motion was made by Mr. Conner, seconded by Mr. Dickinson, and
adopted unanimously, that the Trustees dedicate the parcel of
land for public street purposes only.
DADE COUNTY - On motion by Mr. Williams, seconded by Mr. Faircloth
and adopted unanimously, the Trustees approved issuance of state
permit to Maurice P. and Oscar Dreisen authorizing construction
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of a commercial dock in Biscayne Bay at Lots 6, 7 and 8 of Block
39, Normandy Isle, Miami, for which all required exhibits and
$100.00 processing fee were received by the Trustees' office.
HIGHLAI'JDS COUNTY - Application v/as submitted for after-the-fact
permit covering a commercial dock in Lake Jackson at the south
half of Lot 5, Block 92 of the original Town of Sebring, for Lake-
view Towers Apartments, Inc. All required exhibits including
$100.00 processing fee were submitted.
The Director said that in this case an applicant was furnished an
application form which he apparently thought was a permit. Answer-
ing Governor Kirk's question, he said that the Staff was unable to
police all lakes and was aware that there might be private docks
without permits. It seemed proper to grant after-the-fact permits
when such cases came to light.
Motion was made by Mr. Conner, seconded by Mr. Williams and adopted
unanimously, that the permit be issued.
HILLSBOROUGH COUNTY - File No. 1600-29-253.12. Charles C. IVliitaker
II, attorney on behalf of Elsberry Partnership, Inc., applied for
an instrument to correct the word "submerged" in Deed No. 24019
dated July 1, 1965, inserting in lieu thereof "sovereignty" land.
Staff recommended issuance of corrective deed for $10.00 charge,
which was submitted by the applicant.
Motion was made by Mr. Williams, seconded by Mr. Dickinson, and
adopted without objection, that the Trustees authorize issuance of
the corrective deed.
INDIAN RIVER COUNTY - File No. 1855-31-253.124. R. D. Carter
Engineering Firm, Inc., on behalf of Robert P. McLarty, requested
formal approval of fill permit approved by the Board of County
Commissioners of Indian River County under provisions of Section
253.124 Florida Statutes, to fill approximately 9 acres of land
in Government Lot 1, Section 33, Township 30 South, Range 39 East,
which was previously conveyed by the Trustees under the above
file number. County action was taken in regular meeting on
February 8, 1967.
Motion was made by Mr. Dickinson, seconded by Mr. VJilliams and
adopted unanimously, that the Trustees formally approve the fill
permit to Robert P. McLarty.
LEON COUNTY - Capitol Center Property. The Trustees were asked to
consider the necessity of taking legal action recommended by the
Attorney General to correct an error in description in a deed to
the Trustees of property in the Capitol Center. On August 1, 1957,
the Trustees entered into an agreement with Parthenia Spires, a
widow, for purchase of a parcel of land described as Part of Talla-
hassee City Lot No. 139 and 142 located at the corner of Bloxham
Street and South Monroe Street. Subsequently, a deed was issued
by Parthenia Spires to the Trustees on August 19, 1957, but due to
an error in the description the parcel described in the deed did
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not include all the parcel described in the agreement to purchase.
The Attorney General reviewed the file and recommended that the
Trustees authorize the institution of a suit against the heirs of
the grantor (Parthenia Spires, deceased) for the purpose of secur-
ing a court order to reform the deed so that it will describe the
property included in the agreement to purchase dated August 1,
1957.
On motion by Mr. Dickinson, seconded by Mr. Faircloth, and
adopted unanimously, the Trustees authorized the Attorney General
to institute litigation to accomplish the correction.
MONROE COUNTY - The Florida Board of Parks and Historic Memorials
at the meeting of January 27, 1967, in response to a request from
Islamorada Chamber of Commerce, designated the area on which the
HERRERA wreck was situate as a historic site, to place a marker
at the appropriate point to give recognition to the wreck site
which was 2h miles southeast of Islamorada in Hawk Channel, Monroe
County.
The action by the Florida Board of Parks and Historic Memorials
was endorsed by the State Board of Antiquities in meeting on this
date and the Trustees were requested to dedicate the parcel of
submerged land to the Florida Board of Parks and Historic Memorials.
Staff recommended that the Trustees dedicate the parcel of sub-
merged land, being an area the center of which is a point at 80°
35' 6" West Longitude and 24° 54' 3" North Latitude and covering
a circle 500 yards in radius therefrom, in Monroe County. The
wreck site would be given recognition and protection, with the
assistance of the Islamorada Chamber of Commerce, the Florida Keys
Underwater Guides Association and other interested local groups.
Motion was made by Mr. Williams, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees dedicate to the Florida
Board of Parks and Historic Memorials the parcel of submerged
land on which the HERRERA wreck is located.
PALM BEACH COUNTY - Amerada Petroleum Corporation made application
for an oil and gas drilling lease of the Trustees' interest, both
fee and reserved interest, covering 16,105.18 surface acres owned
by the Trustees, and 56,477.77 surface acres in which the Trustees
hold a reserved one-half interest, or a total of 72,582.95 acres,
being in scattered parcels and sections within a 230,827 acre
block located in Palm Beach County. Amerada offered annual
rental of $.50 per net mineral acre and agreed to commence the
drilling of at least one test well within the first two years of
the lease. All wells are to be drilled to a depth of 6,000 feet
or to the Sunniland Limestone Pay Section, whichever is deeper.
The majority of the Trustees' land was under agricultural and
grazing leases which contain a provision authorizing the Trustees
to execute leases such as this.
Amerada requested waiver of administrative rule in Section 200-
1.031 to permit inclusion of certain tracts of privately-owned
land in which the Trustees hold reserved interest but in which
Amerada is still negotiating with the owners for lease. Amerada
agreed to conduct no drilling operations on any such tracts until
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a lease of the remaining interest is consununated or consent of
the Trustees obtained as to such parcels.
Dr. Robert Vernon, State Geologist, reviewed the application and
concurred with the terms and conditions.
Staff recommended that the lease be advertised for competitive
sealed bids for a ten-year primary term lease, pursuant to law,
under the terms and conditions set forth above, and the successful
bidder would be required to pay all advertising costs.
On motion made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, the Trustees approved the recommendation to
advertise for competitive bids.
SHELL LEASES - The Trustees accepted as information the following
report of remittances received by the Florida Board of Conserva-
tion from holders of shell leases for the month of January, 1957:
Lease No. Name of Company Amount
1703 Bay Dredging & Construction Co. $ 4,327.29
1718 Radcliff Materials, Inc. 12,020.47
1788 Benton and Company (for October) 7,871.93
1788 Benton and Company
(partial payment for November) 3,499.92
1917 Fort Myers Shell & Dredging Co. 1,034.10
PINELLAS COUNTY - The Florida Audubon Society by letter dated
February 9, 1967, requested that the Trustees designate as bird
sanctuaries two (2) spoil islands described in Trustees' records
as Spoil Areas P-19 and P-20, located in Sections 12 and 13, Town-
ship 31 South, Range 15 East, Pinellas County, which were
previously dedicated by the Trustees in perpetuity to the United
States of America by Trustees' Instrument No. 22696.
On August 4, 1964, the Trustees in response to a request from the
Florida Audubon Society did designate certain spoil areas in
Pinellas County as bird sanctuaries, subject to all prior rights
and reservations granted to the United States and the public right
to the free use of the islands for recreation and other public
purposes. Staff recommended designation of the two additional
spoil islands subject to the same conditions which were imposed
upon the dedication made on August 4, 1964.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the two additional spoil areas be
designated as bird sanctuaries as requested by the Florida Audubon
Society, subject to all prior rights granted to the United States
and other public rights for recreation and other public purposes.
PINELLAS COUNTY - File No. 21601-52-253.124. Pinellas County
Water and Navigation Control Authority referred to the Trustees for
approval an Extension of Time on Permit DF-197, extending to October
17, 1967, the fill permit approved on February 17, 1965, by the
Trustees to Don and Adele Nesbitt to fill submerged land conveyed
by the Trustees in Section 4, Township 31 South, Range 15 East,
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in Pinellas County.
On motion by Mr. Dickinson, seconded by Mr. VJilliams, and adopted
without objection, the Trustees formally approved extension of
the permit.
POLK COUNTY - On motion by Mr. Dickinson, seconded by Mr. Conner
and adopted without objection, the Trustees approved issuance of
permits to the following three applicants to remove fill material
from Lake Lulu in Polk County, for which all requirements were met
and the Florida Game and Fresh Water Fish Commission had inspected
each area and waived objection to the work under permits with
standard stipulations included:
(1) Carlin Groves, Inc. - 500 cubic yards for $25.00 charge
(2) James D. Morgan - 500 cubic yards for $2 5.00 charge
(3) Lloyd J. Beckman - 500 cubic yards for $25.00 charge
VOLUSIA COUNTY - William Gautier, attorney on behalf of the City
of New Smyrna Beach, made application for a power line easement
100 feet wide and approximately 9,000 feet long, from the city's
generating plant west of the Intracoastal Waterway easterly to the
peninsula, for extension of electrical transmission line across
Trustees' land in unsurveyed Section 31, Township 16 South, Range
34 East, and Sections 5 and 6, Township 17 South, Range 34 East,
Volusia County.
Motion was made by Mr. Conner, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees authorize issuance of ease-
ment for electrical transmission line to the City of New Smyrna
Beach.
PRINTING - Pursuant to request for bids for printing 500 copies
of bulkhead manual for the Trustees' office, the following bids
were received:
Artcraft Printers, Inc. $523.80
Rose Printing Co., Inc. 279.00
Storter Printing Co., Inc. 258.95
Van Norren, Inc. 170.50
On motion by Mr. Conner, seconded by Mr. Dickinson and adopted
unanimously, the Trustees authorized acceptance of the low bid of
Van Norren, Inc.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
unanimously, the Trustees approved Report No. 903 listing County
of Hillsborough Deed No. 1081-Duplicate to W. D. Lowry, to be
issued in lieu of original Hillsborough County Deed No. 1081 dated
May 28, 1941, to the same grantee, which was reported to be lost
prior to recording.
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On motion duly adopted, the meeting
ATTEST:
DIRECTOR - SECRETARY
* * *
* * *
* * *
Tallahassee, Florida
February 28, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr.
Fred O. Dickinson, Jr
Broward Williams
Earl Faircloth
Governor
Comptroller
Treasurer
Attorney General
Robert C. Parker
Director
On motion duly adopted, the Trustees approved the minutes of the
meeting of February 21, 1967.
BREVARD COUNTY - File No. 1948-05-253.12. On December 27, 1966,
the Trustees authorized advertisement of 0.57 acre, more or less,
of submerged land in the Indian River in Section 3, Township 22 South,
Range 35 East, lanaward of the established bulkhead line in the
City of Titusville, Brevard County, for which the abutting upland
owner, Titusville Causeway Land Corporation, offered $1,500.00 per
acre, the price approved by the Staff Appraiser. Notice of sale
was published in the Titusville Star -Advocate, proof of publication
filed and no objection received to the sale.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth, and
adopted unanimously, that the Trustees confirm sale of the adver-
tised parcel to the riparian owner at the price offered.
BREVARD COUNTY - File No. 1957-05-253.12. On January 17, 1967, the
Trustees authorized advertisement of a parcel of submerged land in
the Indian River in Section 26, Township 22 South, Range 35 East,
containing 1.265 acres, more or less, landward of the established
bulkhead line in Brevard County, for which the abutting upland
owners, Whitney A. Brown and wife, offered $1,500.00 per acre, the
price approved by the Staff Appraiser. Notice of sale was published
in the Titusville Star-Advocate, proof of publication filed and no
objection to the sale was received.
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Motion was made by Mr. Dickinson, seconded by Mr. Faircloth, and
adopted unanimously, that the Trustees confirm sale of the
advertised parcel to the riparian owners at the price offered.
CHARLOTTE COUNTY - File No. 717-08-253.12. On January 10, 1967,
the Trustees authorized advertisement of 3 parcels of submerged
land in the Myakka River containing a total of 20.80 acres, more
or less, in Sections 18, 19, 30, 32 and 33, Township 40 South,
Range 21 East, Charlotte County, landward of the established bulk-
head line, abutting uplands northerly and southerly of Myakka City,
in the Port Charlotte development area. General Development
Corporation, abutting upland owner, offered the appraised price
of $500.00 per acre. Notice of sale was published in the Punta
Gorda Herald-News, proof of publication was filed in the Trustees'
office, and no objection to the sale was received.
Motion vi?as made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted unanimously, that the Trustees confirm sale of the adver-
tised parcels of submerged land to the upland owner at the price
offered.
CHARLOTTE COUNTY - File No. 716-08-253.12. On January 10, 1967,
the Trustees authorized advertisement of 12 parcels of submerged
land in the Peace River containing a total of 6.90 acres, more or
less, in Sections 26 and 27, Township 40 South, Range 22 East,
Charlotte County, landward of the established bulkhead line and
abutting uplands in the Port Charlotte development area. General
Development Corporation, abutting upland owner, offered the
appraised price of $500.00 per acre. Notice of sale was published
in the Punta Gorda Herald-News, proof of publication was filed,
and no objection to the sale was received.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted unanimously, that the Trustees confirm sale of the adver-
tised parcels of submerged land to the upland owner at the price
offered .
CHARLOTTE COUNTY - File No. 715-08-253.12. On January 10, 1967,
the Trustees authorized advertisement of 2 parcels of submerged
land in the Peace River containing a total of 1.91 acres, more or
less, in Sections 27 and 28, Township 40 South, Range 22 East,
Charlotte County, landward of the established bulkhead line and
abutting uplands in the Port Charlotte development area. General
Development Corporation, abutting upland owner, offered the
appraised price of $500.00 per acre. Notice of sale was published
in the Punta Gorda Herald-News, proof of publication was filed,
and no objection to the sale was received.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted unanimously, that the Trustees confirm sale of the adver-
tised parcels of submerged land to the upland owner at the price
offered .
CHiARLOTTE COUNTY - File No. 1951-08-253.12. On January 17, 1967,
the Trustees authorized advertisement of a parcel of submerged land
in Stump Pass Channel in Section 18, Township 41 South, Range 20
East, containing 0.06 acre, more or less, landward of the estab-
lished bulkhead line in Charlotte County, for which the abutting
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upland owner, Isap Realty Corporation, offered the appraised value
of $500.00 per acre or, in this instance, $100.00 minimum amount.
Notice of sale was published in the Punta Gorda Herald-News and
proof of publication was filed.
Several objections to sale of the submerged land and filling which
might follow were received. Staff recommended that action be deferred
for one week to allow the applicant opportunity to determine the
feasibility of modifying the configuration of the parcel applied
for, and possibly withdrawal of the objections.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted,
the Trustees deferred action on sale of the parcel for one week.
MONROE COUNTY - File No. 1947-44-253.12. On January 10, 1967, the
Trustees authorized advertisement of a parcel of submerged land in
the Bay of Florida abutting uplands on the Island of Key West, con-
taining 0.69 acre, more or less, in Township 67 South, Range 25
East, Monroe County. Notice of sale was published in the Key West
Citizen, proof of publication filed and no objection received.
Motion ^vas made by Mr. Dickinson, seconded by Mr. iJilliams and
adopted without objection, that the Trustees confirm sale of the
advertised parcel to the abutting upland owner, Jarub Investments,
Inc., at $1,045.00 per acre, the price approved by the Staff Appraiser.
MONROE COUNTY - File No. 1952-44-253.12. On January 10, 1967, the
Trustees authorized advertisement of a parcel of submerged land in
Blackv;ater Sound in Sections 11 and 14, Township 61 South, Range 39
East, at Key Largo, Monroe County, containing 2.13 acres, more or
less, for which Ralph W. Killian and wife, abutting upland owners,
offered $425.00 per acre, the appraised price. Notice of sale v/as
published in the Key West Citizen, proof of publication was filed,
and no objection to the sale received.
Motion was made by Mr. Dickinson, seconded by Mr. 'Williams and adopted
without objection, that the Trustees confirm sale of the advertised
parcel to the abutting upland owners at the appraised price.
MOIIROS COUNTY - File No. 1956-44-253.12. On January 17, 1967, the
Trustees authorized advertisement of a parcel of submerged land in
the Straits of Florida containing 0.69 acre, more or less, in Section
29, Township 64 South, Range 36 East, at Lower Matecumbe Key, abutting
Lots 19, 20 and the northeasterly 30 feet of Lot 21, Block 4 of
Lower Matecumbe Beach as recorded in Plat Book 3, Page 34 of the
Public Records of Monroe County, Florida. Kenneth W. Martin, abut-
ting upland owner, offered $425.00 per acre, price approved by the
Staff Appraiser, for purchase of the parcel. Notice of sale was
published in the Key ..'est Citizen, proof of publication filed.
Several objections were received and Staff recommended deferment to
give the parties an opportunity to adjust their differences.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
unanimously, the Trustees deferred action as recommended.
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DADE COUNTY - File No. 434-13-253.12. On October 16, 1965, the
Trustees authorized advertisement for objections only upon appli-
cation by John Colozoff and wife, abutting upland owners, for
purchase of a parcel of submerged land containing 0.40 acre, more
or less, in Biscayne Bay abutting upland in Section 39, Township
54 South, Range 41 East, Lots 14, 15 and 16 Brickell's Addition in
the City of Miami, Plat Book 3, Page 38, Dade County Public Records,
landward of the established bulkhead line in Dade County. Notice
of sale was published on November 5, 12, 19 and 26, 1965, proof of
publication filed in the Trustees' office.
The applicants offered the appraised value of $6,345.00 per acre
for the land. There were no objections to the sale; however, prior
to the advertised sale date there was a request from the City of
Miami by Resolution No. 37305 dated December 1, 1965, that the sale
be held in abeyance for the city to determine the feasibility of
extending South Bayshore Drive from Southeast 14th Street southerly
to Rickenbacker Causeway. At the meeting on December 14, 1965, the
Trustees deferred action on the application until such time as the
study had been completed.
From December 19, 1965, to che present date, the City of Miami
failed to respond to any correspondence on the matter, both from
the Staff and from the counsel for the- applicant. The city had in
its possession the feasibility study since September 30, 1966, pre-
pared by the city planning department. Counsel for the applicant
furnished the Trustees' office a copy of the study, review of which
indicated that no recommendation was made for extending the road
along the water's edge, that costs would be exorbitant. Staff v;as
advised that during the postponement of action one of the applicants,
Mr. John Colozoff, had died.
The City of Miami was notified that the application would be
presented to the Trustees on this date. Staff recommended that
the sale be confirmed.
Attorney General Faircloth expressed surprise that the City of
Miami had not responded to the correspondence. He asked for the
matter to be deferred for one week .
On motion adopted without objection, the Trustees deferred for one
week action on the application to purchase submerged land.
GLADES COUNTY - The five applications from abutting upland owners
listed below, for purchase of reclaimed Lake Okeechobee bottom
lands in Sections 18, 23 and 24, Township 40 South, Range 32 East,
Glades County, lying between the established 17-foot contour line
and the landward right of way line of the levee, were submitted to
the Trustees' office in the following order:
1. File 1702-22-253.36 on February 18, 1961, by J. S. Click,
applicant for 12.71 acres appraised at $415.00 per acre;
2. File 1741-22-253.36 on May 19, 1964, by J. M. Haynes,
applicant for 1.06 acres appraised at $475.00 per acre;
3. File 1797-22-253.36 on February 18, 1966, by C. Swanson,
et al, applicants for 6.68 acres appraised at $475.00
per acre ;
4. File 1852-22-253.36 on June 16, 1966, by Mrs. L. W. Comito,
applicant for 0.52 acre appraised at $475.00 per acre;
5. File 1962-22-253.36 on January 19, 1967, by Janet Van
DeVelde, applicant for 5.36 acres appraised at $594.57
per acre.
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The above applications were held in abeyance at the request of
Central and Southern Florida Flood Control District pending the
completion of levee seepage studies. On January 30, 1967, the
District notified the Staff by letter and Amended Resolution No.
679 dated January 13, 1967, that sale of reclaimed lake bottom land
could again be resumed if there could be inserted in deeds issuing
from the Trustees a protective clause which would render both the
Trustees and the District harmless from liability for damage due to
flooding in the subject areas by virtue of future water level
regulation in Lake Okeechobee.
Each of the applicants to purchase reclaimed lake bottom land pur-
suant to provisions of Chapter 253.36 Florida Statutes, had accepted
the appraised price, and Mr. Click had tendered payment for the land
in his application in September, 1966. In view of the delay in
processing the applications through no fault of the applicants, and
the lifting of the District's request for suspension of sales, the
Staff recommended sale of the lands with insertion of an appropriate
protective covenant in the deeds.
The Attorney General said he thought such lands should be advertised
for sale, and that the Trustees should give consideration to chang-
ing the policy in this respect. He called on Assistant Attorney
General T. T. Turnbull to make a statement with respect to the
matter. Mr. Turnbull said the Director had discussed with him the
basis of the policy of the Board with respect to sales of reclaimed
lake bottoms to the abutting upland owners, and the sales presented
on this date were in accordance with the current policy. However,
he felt that advertising would be wise. The Director said that
this would require a change of the rules.
Mr. Dickinson said that the special clause in the deed would hold
the Trustees free and harmless on account of any flooding of the
land .
Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees confirm sale to the five
applicants listed above, of the parcels of reclaimed lake bottom
land in their applications, at the appraised prices.
BREVARD COUNTY - The Board of County Commissioners of Brevard
County adopted a resolution in regular meeting on February 9, 1967,
copy of which was forwarded to the Trustees' office by Chairman
Lee Wenner, requesting the Trustees to declare a one-year moratorium
on all sales of river bottom for private purposes in Brevard County,
Florida. This policy had been expressed by Mr. Wenner when he
appeared before the Trustees on February 7, 1967, in connection
with a proposed north-south highway for which the county requested
right of way. It had been suggested at that time that an official
resolution from the county was desired.
Upon motion duly adopted, the Trustees accepted as information the
resolution from Brevard County.
BREVARD COUNTY - On July 31, 1962, and March 2, 1965, the Trustees
by Dedication Nos . 23151 and 23151-A dedicated certain submerged
land consisting of 49,535 acres lying within the National Aeronau-
tics and Space Administration (NASA) area to the exclusive use of
the United States in the development or testing of launch vehicles
2-28-67
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for the Manned Lunar Landing Program and expansion of the NASA
facilities at Cape Kennedy, Florida.
Request was received from Mr. John P. Lacy, Chief Counsel for the
John F. Kennedy Space Center, advising that NASA desired to enter
into an inter-agency agreement with the Bureau of Sports Fisheries
and Wildlife of the U. S. Fish and Wildlife Service, U. S. Depart-
ment of Interior, for the purpose of assisting NASA in the adminis-
tration and management of those dedicated areas and to insure
maximum public use consistent with the primary purposes for which
the lands were dedicated. NASA had already entered into such an
inter-agency agreement covering upland property adjacent to a
portion of the dedicated submerged land.
In examining the purposes for which the submerged lands were
dedicated as set forth in subject instruments, there was some
question as to whether NASA was properly authorized to enter into
such an inter-agency agreement by virtue of the language in the
instruments of dedication. By memorandum of February 17, 1967,
the Attorney General recommended that said instruments be modified
and amended to specifically authorize the grantee, NASA, to enter
into the desired inter-agency agreement with the Bureau of Sports
Fisheries and ivildlife.
In the judgment of the Staff, the request submitted by Mr. Lacy
would insure maximum public use of the waters lying over the
submerged lands described in the two dedication instruments.
Therefore, the Staff recommended that the request be granted and
that the instruments be modified subject to approval of the
Attorney General.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth, and
adopted unanimously, that the recommendation be accepted as the
action of the Board.
BREVARD COUNTY - Bulkhead Line; File Nos . 1943 and 1944-05-253.12.
On February 7, 1957, the Trustees declined to approve an amended
bulkhead line adopted on October 20, 1966, by the Board of County
Commissioners of Brevard County along the east shore of Merritt
Island in Newfound Harbor in Section 36, Township 24 South, Range
36 East, and in Section 1, Township 25 South, Range 36 East. Plans
for development inside the bulkhead line included applications to
purchase submerged land by Merritt Square Corporation and General
Canaveral, Inc., abutting upland owners, and a north-south highway
for which the county requested dedication of 150 foot right of way
consented to, and to be filled, by the two applicants.
County Commissioner George J. King, Jr., forwarded to the Trustees'
office an area map showing the proposed alignment for a north-
south highway from State Road No. 3 in Section 30, Township 25
South, Range 37 East, northward to NASA property north of Bennett
Causev/ay. In the area near the airport the alignment had not been
decided. By official action on February 23, 1967, the County
Commission modified the bulkhead line so that it terminated at the
south line of Section 36, Township 24 South, Range 36 East, and
the county requested that the line as modified be submitted to the
Trustees for approval, the new alignment constituting the Commis-
sion's best planning effort to resolve the traffic problems in
this area. The Staff recommended approval of the line as modified.
And, in the event favorable action was taken by the Trustees on
the bulkhead line, the Staff recommended that the land in the two
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applications to purchase be advertised for objections only.
Governor Kirk said he had discussed the matter with Commissioner
King who had said the airstrip could be extended in the other
direction (northwest) . Since the county planning was not finalized
and the intent of the members appeared to be to preserve the sub-
merged land, the Governor was agreeable to further delay.
Treasurer Broward Williams said he had flown over the area and dis-
cussed the traffic problems with county officials. He was convinced
that the county must provide the north-south road to alleviate the
heavy traffic on Merritt Island and was sure that the county had
made traffic counts and other studies before deciding on the
proposed route now under consideration by the Trustees.
Attorney General Faircloth asked whether the present road plan v.'ould
be adequate to take care of the ultimate traffic needs or whether
more submerged land would be applied for, and also whether there
was any kind of report from the State Road Department on the county
road proposal. He wanted to know that all other alternatives were
exhausted before he could vote for the application.
The Governor suggested that the Board needed information from the
State Road Department as to whether the county road would meet
traffic criteria.
Motion was made by Mr. Faircloth, seconded by Mr. Williams and
adopted unanimously, that action be deferred and that the Director
contract the local officials and suggest that they contact the
State Road Department concerning the alignment of this north-south
road as shown on the map submitted.
LEE COUNTY - The Board of County Commissioners of Lee County by
Resolution adopted on January 17, 1967, established a bulkhead line
in Pine Island Sound in Government Lot 2, Section 1, Township 46
South, Range 21 East, Lee County. Lee County approved this line
based on the recommendations made by the county bulkhead line team
composed of the County Engineer, the County Attorney, and a biologist
of the State Board of Conservation. All required exhibits were
submitted and the Staff recommended approval. There were no objec-
tions at the local hearing.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted unanimously, that the Trustees formally approve the bulkhead
line established on January 17, 1967 by the Board of County Commis-
sioners of Lee County.
PINELLAS COUNTY - The Pinellas County .Vater and Navigation Control
Authority by Resolution adopted on January 17, 1967, amended a
portion of the bulkhead line previously established to provide a
secondary drainage canal near Allen's Creek. All required exhibits
were furnished and there v/ere no local objections. The Board of
Conservation had no objections.
On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted
unanimously, the Trustees formally approved the bulkhead line as
amended by Pinellas County.
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PINELLAS COUNTY - Bulkhead Line. Pinellas County Water and Naviga-
tion Control Authority on October 4, 1966, reconfirmed the bulkhead
line set in 1963 for the Town of South Pasadena, which was not
sent to the Trustees for approval because of the Zabel-Russell
litigation. Due to the lapse of time the County readvertised, held
another hearing and forwarded the line to the Trustees for approval.
The line was listed on the agenda for November 22, 1966, but at
request of the Authority it was removed before consideration and
returned to the county which again readvertised, held another
public hearing, and on January 10, 1967, re-affirmed the approval
of October 4, 1966.
The Board of Conservation reported that only one segment, the
northernmost 2,500 feet, contained submerged land with attached
seagrasses, that the submerged land involved and even beyond the
line was privately owned, that preferably the line should have
been set near the mean high water line but that the Court dictated
a Y-shaped bulkhead line as much as 1000 feet offshore for the
adjacent Zabel-Russell fill project to the south.
Since the submerged land had been conveyed many years ago into
private ownership, and in view of the Court's decision on the
bulkhead line to the south, the Staff recommended approval of the
bulkhead line.
Assistant Attorney General Turnbull said he did not think the
Zabel-Russell case was controlling, that the Trustees could exercise
sound judgment in approving the location of the line or rejecting
it, regardless of the city or county.
There were objections to this bulkhead line locally, at the public
hearings. On this date Paul V. Yingst of St. Petersburg, speaking
for himself and for members of Causeway Island Yacht Club Asso-
ciation, objected to the line which he said was in deep water,
that Boca Ciega Bay had already been encroached on and polluted
by too much filling, sewage disposal plants, and he asked the
Trustees to modify the line by setting it at the mean high water
mark, thereby preserving water area for the public.
Mr. Dickinson asked whether the group mentioned by Mr. Yingst
appeared at the local hearings, and he said it was difficult for
the members to reconcile the objections and the recommendation of
approval by the County Authority.
Mr. Emerson Parker, owner of property where the controversial
section of the bulkhead line was, reviewed facts about purchase
of the property many years ago, petition and residents in favor
of the location, approval on three different occasions by the
County Commissioners (Pinellas County Water and Navigation Control
Authority) , and the water depth which he said he had submitted a
hydrographical survey to show had an average depth of about 2 feet
on his property. He had offered to give the county all the land
he owned beyond the bulkhead line, and had furnished his tentative
plan for development which included waterways into his upland
which would result in more water areas than now exist, he said.
Also, the shore line would be straightened, and he would dredge
material needed to improve his upland property, some of which was
mangrove swamp when he purchased it.
Attorney General Faircloth said in his opinion the submerged land
should not have been sold and in view of the moratorium on sale
of submerged land and the gravity of permitting filling in 11-foot
water, he made a motion that the matter be postponed. He said he
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wanted to know v/hen the submerged land v/as sold, whether Mr.
Parker's situation met the criteria of hardship cases in that
he had purchased upland and submerged land v/ith the understand-
ing that he would be allowed to dredge fill material, and Mr.
Faircloth said he would be willing to consider the matter again
at any time when the full information was available to answer the
questions raised at this meeting.
The motion by Mr. Faircloth for an indefinite postponement '.vas
seconded by Mr. Vvilliams, and adopted unanimously.
PINELLAS COUIJTY - Pinellas County Water and Navigation Control
Authority submitted an application on behalf of Maurice L. Ilcllins
to remove 1,410 cubic yards of fill material from Boca Ciega Bay
in the dredging of a channel. 980 cubic yards, for v/hich appli-
cant has submitted payment in the amount of $49.00, will be used
to improve his upland property at the southerly 133 feet of the
northerly 257 feet of Block N, Jungle Shores Subdivision. The 430
cubic yards of surplus material v^ill be hauled away. Staff
recommended approval.
On motion by Mr. Dickinson, seconded by Mr. Faircloth, and adopted,
the Trustees authorized permit for removal of the material applied
for .
GLADES COUNTY - The Board of County Commissioners of Glades County
by Resolution adopted on September 7, 1966, requested permission
for Glades County and Glades County Board of Public Instruction
to remove material from Section 34, Township 40 South, Range 32
East, from 3 7.5 acres of Lake Okeechobee. The material was needed
for maintenance of public roads and for other related public
purposes including public school purposes.
The Central and Southern Florida Flood Control District waived
objection, and the Game and Fresh ^^7ater Fish Commission approved
subject to certain stipulations with respect to the shape of the
slope and removal of overburden.
On motion by Mr. .Villiams, seconded by Mr. Dickinson, and adopted
unanimously, the Trustees granted permission as requested subject
to those general conditions to be agreed upon bot-..'een the Game and
Fresh 'Water Fish Commission and Glades County.
PALI-1 BEACH COUNTY - On motion by Mr. Faircloth, seconded by Mr.
Williams, and adopted unanimously, the Trustees approved dedication
of additional right of way to the State Road Department across a
small triangular sliver of submerged bottom of Lake Osborne in
Section 5, Township 44^ South, Range 43 East, Palm Beach County,
needed in connection with improvement of State Road S-812.
LEON COUNTY - On May 26, 1966, the Trustees of the Internal
Improvement Fund were vested with title to certain property in
Leon County on which there were Indian mounds. The land was
described as lots according to a plat of the Tallahassee Pecan
Endowment Company, recorded in Plat Book 1, Page 4, of the Public
Records of Leon County, Florida. The title v^ras held by the Trustees
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for the use and benefit of the Outdoor Recreational Development
Council .
It had been determined that a portion of the streets adjacent to
those lots should be vacated. Staff reconmended that the Trustees
execute a Petition to Vacate addressed to the Board of County
Commissioners of Leon County, pursuant to Sections 192.29 and
192.30, Florida Statutes, 1965; also, that the Trustees authorize
the Staff to take such further action as necessary.
Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees approve execution of the
Petition to Vacate, and authorize the Staff to take such further
action as might be required to effect the vacation of the streets
in question.
TRUSTEES ' FUNDS - Secretary of State Tom Adams as custodian of the
Capitol Building and Chairman of the Capitol Center Planning
Committee, requested that the Trustees make available an additional
amount not to exceed $8,500.00 for further remodeling in the sub-
basement of the south wing of the Capitol Building to accommodate
more members of the Capitol Press Corps.
On January 17, 1967, the Trustees agreed to advance an amount not
to exceed $5,000.00 to be used for this purpose, in addition to
a total amount of $61,786.00 which was made available previously
and which was being repaid, v;ithout interest, from rent received
from occupants of the offices. The balance as of January 1, 1967,
was $27,305.00, to which would be added the two additional loans
to be repaid in the same manner. The Secretary of State would
process the invoices and submit request for funds, and would have
the responsibility of allocating space and collecting rent.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted unanimously, that an additional amount not to exceed
$8,500.00 be made available from the Internal Improvement Fund .
for use as requested, to be repaid without interest from^ji^^nt /
from members of the Capitol Press Corps.
On motion duly adopted, the meet
/^
ATTEST!
DIRECTOR - SECRET7\RY
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Tallahassee, Florida
March 7, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr. Governor
Fred O. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Earl Faircloth Attorney General
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
On motion duly adopted, the Trustees approved the minutes of the
meeting of April 28, 1957.
CHARLOTTE COUNTY - File No. 1951-08-253.12. On February 28, 1967,
the Trustees considered an application for sale, advertised for
hearing on that date, from Isap Realty Corporation, the abutting
upland ov/ner, for a parcel of submerged land in Stump Pass Channel
in Section 18, Township 41 South, Range 20 East, Charlotte County,
containing 0.06 acre in the original application, lying easterly
of and abutting Lot 11, Block F, Englewood Shores as recorded in
Plat Book 2, Page 88, Public Records of Charlotte County, landward
of the established bulkhead line. Staff recommended deferment for
one week, and the applicant agreed to a modification which cut
back the undesirable S-shaped configuration facing the Channel and
reduced the parcel to 0.045 acre.
In the opinion of the Staff the cut-back should remove all valid
objection to sale of the small parcel. The Director stated that
this application was authorized to be advertised before the
moratorium was put into effect, and the objectors filed protest
to sale and filling on general conservation grounds.
Motion was made by Mr. Conner, seconded by Mr. Dickinson, and
adopted without objection, that the Trustees confirm sale of the
reduced parcel to the riparian owner at the price offered, $500.00
per acre, or $100.00 minimum in this instance.
CLAY COUNTY - File No. 1961-10-253.12. James E. Yonge, on behalf
of C. J. Massee, abutting upland owner, made application to purchase
a parcel of submerged land in the St. Johns River in Section 41,
Township 4 South, Range 26 East, 2.49 acres in the Town of Orange
Park, Clay County, landward of the established bulkhead line. The
application was instituted in March 1966 but due to difficulty and
delay in establishing the bulkhead line, the purchase request was
not presented until this date. In the interim, Mr. Massee designed
comprehensive plan for the development of his upland property and
fifty-tv/o apartment units v/ere constructed in the first phase of
his project, one of the buildings lying within thirty feet of the
present shore line.
The Town of Orange Park held a public hearing in 1961 to establish
the bulkhead line. Relying on this action, the applicant and
others began their planning but purchase could not be made until
formal approval of the bulkhead line. In 1966 modification of the
line v/as required because cf the Johnson Slough area, a new public
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hearing was held and additional data was submitted to the Trustees
who approved the bulkhead line on January 31, 1967. Phase two
of the project was designed for development of the application
area, for which Mr. Massee offered $1,301.55 per acre, the appraised
value. He incurred sizeable obligations for architects' fees,
engineering and construction costs, and had assured tenants in the
apartments that the shore line would be improved and beautified.
In consideration of the above. Staff thought there were elements
of hardship in the application.
Mr. Faircloth questioned the applicant's basis for assuring tenants
that the shore line would be improved, and the Governor did not
think injury would be done to the investment by the 45-day mora-
torium delay. Mr. Faircloth said the moratorium would expire in
a week, and he would probably make a motion that it be extended
until after the Legislature.
Motion was made by Mr. Faircloth that the application be deferred
for a least one week. It was announced that there would be no
cabinet meeting next week, whereupon it was agreed by all members
that the application be deferred.
BREVARD COUNTY - Bulkhead Line; File Nos . 1943-05-253.12 and
1944-05-253.12.
On January 31, February 7 and 28, 1967, the Trustees considered
an application which included a bulkhead line along the east shore
of Merritt Island in Section 36, Township 24 South, Range 35 East,
Brevard County, two applications to purchase submerged land within
the bulkhead line by upland owners who had agreed to the dedication
by the Trustees to the county of 150-foot wide right of way which
would be filled by the applicants for the county without charge,
for a proposed north-south highway. The Board of County Commis-
sioners of Brevard County requested dedication of the right of way
and an urgent plea was made by Commissioner George J. King, Jr.,
in whose district the land was located, that the Trustees reconsider
the matter on this date. The Trustees' office received several
wires and letters supporting the application, one from the Chamber
of Commerce of Merritt Island.
Comptroller Dickinson said he had been in favor of the project
since its inception. Since Mr. Conner was not able to attend the
last cabinet meeting, Mr. Dickinson desired the matter brought
up again today.
Mr. King was present to submit additional information and to stress
the importance of providing a second north-south route to relieve
the traffic problem resulting from there being only one road to
take people to the entire space center complex and related commer-
cial and industrial facilities in Brevard County. He said he had
tried to present information to each of the members individually,
that a traffic count had been made and State Road Department District
Engineer and Planning Department were consulted who thought the
proposed north-south road would greatly help to solve the traffic
problem but the engineering work could not be cone until the road
was definite. Authorities of NASA would budget funds for the
extension of the road approximately four miles northward through
NASA property to the MILA (Merritt Island Launch Area) facilities.
Mr. King said the county engineers and planning department had
worked for about eight months on road plans, secured about seventy-
five per cent of the right of way, that the road would be a controlled
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171
access road, and private development would have an access road
and would be subject to approval and zoning regulations of the
county. The county would secure the right of way through the land
within the bulkhead line before anything else was done about the
private development, and there would be complete studies, engineer-
ing and cooperation with the State Road Department as to the highway,
access roads and intersections.
In answer to the Governor's question regarding the airport, Mr.
King said county planning was not complete, the county would
investigate the possibility of runway extensions and the feasi-
bility of condemning homes westward of the present runway, but
that it should not be built any closer to the school. He told Mr.
Conner that a commitment of right of way to the section line, the
southern end of the bulkhead line in the county's modified request
by resolution of February 23, would not obligate the Trustees to
a route eastward of the runway.
Mr. Dickinson said the Board should help Brevard County to relieve
the traffic problem and he hoped the other members would acquiesce
in approving Commissioner King's request, and he so moved.
Mr. Williams seconded the motion. He told of making an aerial
inspection, talking with Mr. King, studying the traffic situation
and checking on insurance filings in Brevard County with reference
to traffic accident claims. He said he, too, was for conservation
of the marine resources, but he thought the Board was obligated to
give the county some relief because it was a very critical situation.
Mr. Faircloth asked what progress had been made in getting some-
thing from the State Road Department, and Mr. King said that Mr.
Bill Benedict and Mr. Hanna of the State Road Department expressed
approval of the north-south road, that there would be some
solutions to be worked out at intersections, et cetera, but they
did not feel that they could take the time to actually work with
the county on the project until it was known that the road would
be built. Mr. King said he would subject his request to verifi-
cation from the Road Department.
Mr. Faircloth made a motion that Mr. Dickinson's motion be
amended to make that provision, that the Trustees grant approval
subject to approval by the State Road Department of the feasi-
bility plans of the proposed road. The amendment to the motion
was accepted.
Governor Kirk asked about the proposed shopping center being
beautified, and Mr. Faircloth asked if there were zoning regulations
for buildings near the highway. Mr. King assured them that the
whole private development plan was subject to approval by the
Brevard County Commission, and there would be an access road to
serve the commercial area.
Governor Kirk offered as an amendment to the motion that beautifi-
cation along the commercial area be required, which was seconded
by Attorney General Faircloth and accepted without objection.
The Attorney General pointed out that the application for purchase
of submerged land was tied in v/ith the over-all project being
considered. The Governor said that the area down by the airport
was not a part of it now. The county resolution of February 23
modified the original request by termination of the bulkhead line
and right of way at the south line of Section 36.
The Director said the county needed action of the Trustees on the
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two applications to purchase out to the bulkhead line, excepting
the 150-foot right of way to be dedicated by the Trustees to the
county for the road .
The two applications from upland owners, as described in previous
minutes, were as follows:
(1) File No. 1943-05-253.12. Merritt Square Corporation
applied for a parcel of submerged land lying in Newfound
Harbor, abutting Government Lot 3, Section 36, Township 24
South, Range 35 East, Brevard County, containing 15.82 acres,
more or less, landward of the bulkhead line being considered
by the Trustees on this date, less 4.51 acres, more or less,
contained in proposed north-south road right of way.
(2) File No. 1944-05-253.12. General Canaveral Corporation
applied for a parcel of submerged land lying in Newfound
Harbor, abutting Government Lot 2, Section 36, Township 24
South, Range 36 East, Brevard County, containing 16.04 acres,
more or less, landward of the bulkhead line being considered
by the Trustees on this date, less 3.60 acres, more or less,
contained in proposed north-south road right of way.
Each applicant offered $1,840.00 per acre, the value reported by
the Staff Appraiser.
The Trustees unanimously adopted the motion with the two amend-
ments, that they approve the amended bulkhead line as established
by Brevard County on February 23, 1967, approve request for dedi-
cation of right of way to the county, and authorize advertisement
of the submerged land in the two applications for objections only,
provided the State Road Department approves plans for feasibility
of the proposed road, and provided beautif ication be included in
requirements made by the county to be complied with by the
private developers.
Governor Kirk added that it was approved as an over-all plan
provided the total completed road was produced.
SHELL LEASES - The Trustees accepted as information the follow-
ing report of remittances received by the Florida Board of Con-
servation from holders of shell leases for the month of February
1967:
Lease No. Name of Company Amount
1703 Bay Dredging and Construction Co. $ 4,327.29
1718 Radcliff Materials, Incorporated 14,285.38
1917 Ft. Myers Shell and Dredging Co. 653.25
2098 East Bay Enterprises, Inc. 2,500.00
DADE COmrTY - File No. 1920-13-253.124. Upon motion by Mr.
Dickinson, seconded by Mr. Faircloth and adopted unanimously,
the Trustees formally approved the fill permit issued by the
City Council of the City of Miami Beach by Resolution No. 12043
adopted on February 15, 1967, under provisions of Section 253.124
Florida Statutes, to Mount Sinai Hospital of Greater Miami, to
fill submerged land previously conveyed by the Trustees under the
above file number.
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BREVARD AMD INDIAN RIVER COUNTIES - Central and Southern Florida
Flood Control District made applicaticn for an easement for the
purpose of cleaning out channels in the Sebastian River in Section
24, Township 30 South, Range 38 East, Brevard and Indian River
Counties, over approximately 8.7 acres lying within the limits of
the State Road Department right of way of Sebastian River Bridge.
The United States Corps of Engineers and the State Road Department
waived objections to the project.
Motion was made by Mr. Conner, seconded by Mr. Dickinson, and
adopted unanimously , that the Trustees grant perpetual easement
to the District for maintenance of the channel as requested.
INDIAN RIVER COUNTY - The Board of County Commissioners of Indian
River County by Resolution dated February 23, 1966, requested
dedication of 491.04 acres of land owned by the Trustees in Section
4, Township 3 2 South, Range 39 East, one-half mile west of U. S.
Highway No. 1 and five miles north of Vero Beach, Florida, for
public park and recreational purposes.
The county submitted a proposed ten-year development plan designed
by the Board of Parks and Historic Memorials with a detailed
schedule of anticipated expenditures and development time. The
park would be developed by county forces, private contracts, and
with financial aid of the Kiwanis Club and other civic organizations,
total expenditure over a ten-year period to be $222,000.00. The
county intended to dedicate the park as a wildlife refuge and
sanctuary, leaving as much natural growth as was compatible with
use of the area for recreation. The Outdoor Recreational Planning
Committee reviewed the plan and recommended dedication conditioned
upon the county's adhering to the proposed ten-year development
plan as closely as possible.
The Staff recommended dedication of the tract of land to Indian
River County for outdoor park and recreational purposes subject
to the following: In the event the county shall (1) fail to
develop the entire tract for public park and recreational use
in the manner as shown on the development plan within ten years,
or (2) use the land or any part thereof for purposes other than
county park and recreational purposes, the dedication shall at the
option of the Trustees be subject to termination upon written
notice as to any area remaining undeveloped for recreational
purposes upon expiration of the ten years and as to any area used
for other than park and recreational purposes.
The Director said the land was formerly under a mineral lease
(Hobart) which expired. There would be reverter provision in the
deed, he assured Mr. V7illiams.
Motion was made by Mr. Dickinson, seconded by Mr. Williams, and
adopted unanimously, that the Trustees grant the request of Indian
River County for dedication of the 491.04 acres of land for park
and recreational purposes subject to the two provisions set forth
above, which would be inserted in the instrument of dedication.
MONROE COUNTY - The State Road Department made application for
temporary easement, to expire March 1, 1971, for dredging 3.55 acres
in Section 32, Township 66 South, Range 30 East, in Monroe County,
for an eighty-foot navigation channel in connection with construc-
tion of a state road on Spanish Harbor Key.
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Also, the State Road Department requested dedication of submerged
land in Sections 32 and 33, Township 66 South, Range 30 East, con-
taining 0.51 acre, more or less, on v/hich spoil material from said
channel would be placed abutting Spanish Harbor Key upland property
owned by Monroe County. By telegram received March 2 the county
approved the application.
Staff recommended approval of the temporary dredging easement and
the dedication of submerged land to the State Road Department,
subject to receipt of official county resolution confirming the
telegram of approval.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth, and
adopted unanimously, that the Trustees accept the recommendation of
the Staff as the action of the Board.
PALM BEACH COUNTY - Attorney Francis E. Love made request for the
issuance of a duplicate deed in lieu of Trustees' Deed No. 24013
(1628-50) dated June 23, 1965, to Cecil C. Pults and Hazel E. Pults,
his wife. Original deed was reported to be lost without having
been recorded.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted without objection, that the Trustees authorize issuance of
the duplicate deed for the usual $10.00 charge.
SUBJECTS UNDER CHAPTER 18296
On motion made by Mr. Dickinson, seconded by Mr. Conner and adopted
unanimously, the Trustees approved Bidding Report No. 904 listing
one regular bid for sale of land in Franklin County under provi-
sions of Chapter 18296, Acts of 1937 - the Murphy Act. / //
On motion duly adopted, the meeting was a
ATTEST
= C^Z^^r. ^^^
DIRECTOR - SECRETARY
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Tallahassee, Florida
March 21, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr. Governor
Fred 0. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Earl Faircloth Attorney General
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
On motion made by Mr. Faircloth, seconded by Mr. Dickinson and
adopted, the Trustees approved minutes of the meeting of March 7,
1967.
MORATORIUM ON SALE OF LAND - On January 31, 1967, the Trustees
approved a motion by Attorney General Earl Faircloth to place a
moratorium on sale of submerged lands and reclaimed lake bottoms
for a period of 45 days, with exceptions being made where undue
hardship or injustice would be caused or the public interest
thwarted by such postponement. On this date there was placed on
the agenda for consideration a memorandum dated March 15 from the
Attorney General proposing extension of the moratorium until the
adjournment of the 1967 Legislature.
Although recorded first in these minutes, the moratorium was taken
up as the last item at the suggestion of the Attorney General so
that matters before the Board today could be considered under the
merits of the 45-day moratorium period. After an unusually long
Cabinet meeting and lengthy Trustees' agenda, Mr. Faircloth said
that in view of the time problem he would move to extend the
45-day moratorium for two weeks which is the next meeting when he
would be present.
Mr. Conner asked if extension would create any problem with the
Staff, and the Director advised that some applicants and attorneys
had indicated that it was a hardship and inquired what the attitude
of the Trustees would be concerning extension of the moratorium.
Mr. Faircloth said he would move that the moratorium be continued
to the end of the legislative session and that further, the Staff
would be asked to meet and to assist legislative committees, mention-
ing Senator Ben Hill Griffin and Senator A. J. Ryan in particular.
Mr. Conner said that the guide lines in the March 15th memorandum
pointed out conservation and other criteria which were now being
followed by the Trustees informally, that it seemed to be just putting
in print what he had been attempting to do but with certain changes
regarding requirement that the applicant pay engineering and certain
other fees in connection with his application. Mr. Faircloth
explained that his proposition was more than that in depth, that
he thought the Legislature might be asked for some directives, that
other agencies such as the Park Service should be allowed to indicate
any lands that might be used. Mr. Conner said that was now being
done and that for about six years Trustees' policies had been very
conservation-inclined and under a previous administration an
inventory was made at considerable expense.
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The Director said that the Staff had often met with appropriate
committees and legislators and would be glad to render all assis-
tance possible in the consideration and drafting of new legislation
concerning administration of submerged land. He said the Staff is
attempting to adhere to the Trustees' policies and to existing
legislation.
Mr. Faircloth expressed his philosophy that public right is
paramount, that right without access is no right at all, and the
Legislature could provide for rights of the public to use waterfront
property. He said we seem anxious to sell public land when it should
be just the opposite.
Mr. Conner said the Trustees had the right to deny sales and that
he practiced the policy of deciding on the merits of each individual
application. He pointed out that on the agenda for this meeting
there were quite a number of applications which were considered on
their merits.
Comptroller Dickinson said he would appreciate a delay of two weeks
on the matter. He asked whether legislation might change the rights
of upland owners to purchase submerged land in front of their
property. Mr. Faircloth replied that many things might be looked
into, such as what an upland owner's rights were, if any, whether
any building of roads or structures should be within a certain
distance from the high water mark. He said he intended to urge
legislation along these lines.
The Governor was informed that the Bulkhead Act was enacted in
1957, whereupon he said it was time to look at policies.
It was agreed without objection that the temporary 45-day moratorium
would be extended for two weeks and that the Trustees would then
consider the Attorney General's proposal to extend the moratorium
until adjournment of the 1967 Legislature.
DADE COUNTY - Bulkhead Line. Submitted for reconsideration at the
request of Mr. H. P. Forrest, Attorney for Island View Special
Services Hospital, Inc., was a bulkhead line amended by Ordinance
No. 1597 by the City Council of the City of Miami Beach located on
the east shore of Biscayne Bay in Section 33, Township 53 South,
Range 42 East, which was denied by the Trustees on February 7, 1967,
A hospital was proposed to be constructed on upland and the sub-
merged land inside the bulkhead line, all required exhibits v/ere
furnished, the Board of Conservation offered no objection to nor
recommendation for the bulkhead line along the heavily dredged and
filled bayside of Miami Beach, The Trustees' Staff had recommended
approval of the amended line.
The file contained protests from Jack R. Courshon, attorney for,
and Daniel Burach, president of, the Sunset Islands Three and Four
Property Owners, Inc.; telegram of objection from Dick Fincher,
Messrs. Courshon and Burach. Petition and letters from a large
number of proponents, and a resolution of the Water Resources
Control Council, Miami-Dade County Chamber of Commerce dated March
13, requested reconsideration and approval by the Trustees.
Dr. Paul N. Unger, President of the Hospital, was present and Mr.
Robert Z^chor, in his behalf, explained to the Trustees the organi-
zation of the hospital project about two years ago, the need for a
300-bed hospital, the action by the City of Miami Beach after
public notice, hearing and amendment of the bulkhead line to allow
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extension around the submerged area needed in order to build the
hospital which was planned. He said that everyone officially concerned
with flow of tidal waters, zoning, conservation and any other thing
had made no objections, except Mr. Courshon and some residents of
the Sunset Islands area. Mr. Achor displayed an aerial photograph
on which he pointed out the things he mentioned in his explanation.
He said it was a misunderstanding on February 7 when the Board
members had what was represented as minutes of the Miami Beach City
Council hearing in which sponsors of the proposed hospital were
quoted as saying that the extension was not essential to the
hospital. It was essential, he said, for the construction of the
planned hospital.
Mr. Burach and Mr. Courson were heard in opposition to the bulkhead
line extension. The latter questioned whether the action of the
community officials was in the best public interest in this case,
said that the hospital group could find other land available for use
and there was no mistake of fact on that point of building the hospi-
tal without extension into the Bay, and said his group did not
oppose the hospital and would be glad to contribute. He said this
was no hardship, that other land could be purchased, and he objected
to the extension at the expense of other individuals. The objectors
went on to say that if this extension was made, an operator of boat-
works would expect to be granted an extension which would be
damaging to the property values, view, et cetera, of the residents
of Sunset Islands, and would be a piece-meal taking of the Bay.
Governor Kirk made the point that there was some implication that
extension would lead to other extensions, but that no one in Florida
had the inherent right without approval of the Board, and no adjacent
owner had the right to expect to have such applications approved.
Mr. Faircloth said he concurred whole-heartedly, and that he had
heard that it was not the case that the hospital could be built
without the extension of the bulkhead line.
Motion was made by Mr . Williams, seconded by Mr. Faircloth and
adopted unanimously, that the Trustees rescind the action taken on
February 7 and uphold the recommendation of the Staff that the
amended bulkhead line adopted by the City of Miami Beach by
Ordinance No. 1597 dated September 21, 1966, be formally approved.
DADE COUNTY - File No. 434-13-253.12. On February 28th the Trustees
deferred action on confirmation of sale of 0.40 acre of submerged
land in Biscayne Bay in Section 39, Township 54 South, Range 41
East, for which John Colozoff and wife, the abutting upland owners,
had made application in 1965 and offered the appraised price of
$6,345 per acre.
Copy of a letter dated March 9 from M. L. Reese, City Manager of
the City of Miami, to the applicant's attorney, and Mr . Reese's
letter of March 3 to the Director lifted the city's request for the
sale to be held in abeyance. Staff recommended confirmation of
the sale.
Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and
adopted unanimously, that sale of the advertised parcel be
confirmed to the abutting upland owner at the appraised price.
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HILLSBOROUGH COUNTY - File No. 1931-29-253.12. On January 31 the
Trustees considered, as a hardship case, the application of Francis
J. Corr, et ux, et al, abutting upland owners, for purchase of 3
separate tracts of submerged land in Tampa Bay in Sections 16, 17,
19, 20 and 30, Township 31 South, Range 19 East, totalling 350 acres,
more or less, landward of part of Apollo Beach development. The
offer of $125.00 per acre was made, which was the price at which
other land in this area was previously sold.
Notice of sale was published in the Tampa Tribune, proof of publi-
cation filed. On the advertised sale date, March 14th, no Cabinet
meeting was held, and confirmation of the sale was recommended on
this date.
Southeastern Fisheries Association, inc., Hillsborough County
Fisherman-Dealers Association, and Eugene McRoberts objected that
the area was a productive fishing area. One objector said that if
the area was sold, at least the state should receive the value of
what would be lost, or much more than the offer of $125.00 per acre.
Senator Randolph Hodges, Director of the Board of Conservation,
said he would back up the biologists' report objecting to the sale.
Mr. Faircloth read from Mr. Hodges' letter regarding the conserva-
tion values in the area and the fact that the bulkhead line had
been set without consultation with the Board of Conservation.
Attorneys Adrian S. Bacon and Lawrence J. O'Neill were present,
representing applicants. Photographs were exhibited showing the
overall project design, the stage of completion, relation of the
application area to Tampa Electric, St. Petersburg and other
landmarks. It was pointed out that water areas were created as
the project went forward, a golf course was in the plan, that
outside islands had been purchased and the applicant owned the
shoal, the uplands, and Wolf Branch. Mr. Bacon told of his long
association with the matter and knowledge of the hard, sandy,
shallow bottom. He answered a number of questions and said that
improvement of the uplands, even without purchase of submerged
land, would substantially reduce any conservation values of the
area.
Governor Kirk suggested a new appraisal, to which Mr. Bacon replied
that if the Cabinet wanted one he had no objection but he pointed
out problems such as the cost of dredging, that the created land
would cost more than lands around there were selling on the market,
and that values were more prospective than real. Mr. O'Neill said
the project was stated in 1956, parcels were purchased in 1958,
1959, and these were to have been purchased in 1960 but through no
fault of the present owners the development was tied up for years
in litigation, more investments were required and the owners had
to recoup losses. The Governor said the Board was aware of the
matter and pleased that the project was in good hands, but that
their responsibility was to all the people of Florida that the
value of the land be received.
Mr. Faircloth agreed that the sale could be approved provided that
a price could be agreed upon, based on a current appraisal.
Governor Kirk expressed the sense of the Board that sale would be
confirmed subject to the Staff securing a new appraisal, approval
of that price by the Trustees and acceptance by the applicants.
Hov/ever, Mr. Dickinson did not vote with the majority, for the
reason that he felt the applicants, who had invested millions in
the development and who owned Wolf Creek and the upland property,
and through no fault of theirs had the project held up by litigation.
3-21-67
179 -
should be allowed to purchase at the stated price.
On a vote of four to one, with I-lr. Dickinson voting "no", the
Trustees approved confirmation of the sale in principle subject
to agreement on the price to be paid for the land.
MANATEE COUNTY - File No. 1955-41-253.12. On January 24, 1967,
the Trustees considered application of Edward J. O'Donoghue, et ux,
the abutting upland owners, to purchase a parcel of submerged land
in Sarasota Bay in Section 25, Township 35 South, Range 16 East,
0.195 acre, more or less, abutting uplands within the Town of
Longboat Key, Manatee County, landward of the established bulkhead
line. Applicant offered $700.00 per acre, the appraised price.
Notice of sale was published in the Bradenton Herald, proof of
publication filed and no protest received.
On the advertised sale date, March 14th, no Cabinet meeting was
held, and confirmation of the sale was recommended on this date.
Motion was made by Mr. Conner, seconded by Mr. Faircloth, and
adopted unanimously, that the Trustees confirm sale of the adver-
tised parcel to the riparian owner at the appraised price.
PALJ-1 BEACH COUNTY - The Board of Parks and Historic Memorials made
application for dedication, for public recreation purposes, of a
parcel of land within Hoover Dike right of way in Section 18,
Township 42 South, Range 37 East, adjacent to Pahokee in Palm Beach
County. Permits for the proposed use of thirty acres atop Hoover
Dike were received from the U. S. Corps of Engineers and Central
and Southern Florida Flood Control District, the dedication to be
made subordinate to prior rights of the U. S. and the District.
Staff recommended approval of the application.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the Trustees authorize issuance of dedica-
tion for public recreation purposes for the Pahokee State Park, as
requested by Florida Board of Parks and Historic Memorials, subject
to prior rights of the U. S. corps of Engineers and the Central and
Southern Florida Flood Control District.
SARASOTA COUNTY - File No. 1968-58-253.12. On January 31 the
Trustees considered the application of Morris Trading Corp., abutting
upland ov/ner, v;ith offer of $1,250.00 per acre for 2.7 acres of
submerged land in Little Sarasota Bay in Section 20, Township 37
South, Range 18 East, in Sarasota County landward of the established
bulkhead line. Notice of sale was published in the Sarasota Herald-
Tribune, proof of publication filed, and since there was no Cabinet
meeting on the advertised sale date of March 14th, the sale was
presented for consideration on this date.
Prior to approval of the bulkhead line. Board of Conservation
biologist inspected the area and waived objection to the location
of the bulkhead line. Sarasota County Water and Navigation Control
Authority approved the bulkhead line, sale of submerged land and
issuance of dredge and fill permit- The official action by the
County Commission, sitting as the Authority, made Findings of Fact
v/hich included, among other things, a finding that no damage v/ould
occur to conservation values of this area by reason of sale and
filling of this parcel of land.
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West Coast Inland Navigation District strongly supported this appli-
cation because of the need to use Mr. Morris' upland and adjoining
application area as a spoil area needed for federal dredging in the
area for relocation of the channel. The waterway plan supported
the State Road Department road and bridge plan for Stickney Point.
The applicant would remove that portion of the existing dike jutting
into the right of way.
in recognition of the public benefits that would ensue with respect
to spoiling and the realignment of the waterway. Staff felt that
the public interest would best be served by approval of the sale
and the dredge and fill permit.
Objections were filed from Arthur Sevan of Conservation Committee
of Sarasota Audubon Society, Sarasota County Civic League which
asked for a re-examination, and several residents and property
owners who protested that marine life would be damaged and questioned
the accuracy of the findings of fact by the Authority.
Present on this date, and in favor of the application, were Sarasota
County Attorney Richard E. Nelson, WCIND Attorney Dewey Dye, and
applicant's attorney, H. Alxan Weber. No objectors were present.
The Trustees examined the maps and drawings, and upon motion by
Mr. Conner, seconded by Messrs Dickinson and Williams, and adopted
unanimously, overruled the objections and confirmed the sale of the
advertised parcel at the price of $1,250.00 per acre offered by the
abutting upland owner, Morris Trading Corporation. Also, by the
same motion, the Trustees formally approved the dredge and fill
permit granted by the Sarasota County Water and Navigation Control
Authority on December 27, 1966.
SARASOTA COUl^TY - The State Road Department, the abutting upland
ovmer, made application for dedication of two parcels of submerged
bottoms of Sarasota Bay in Sections 18 and 19, Township 3 7 South,
Range 18 East, containing a total of 1.83 acres, more or less,
needed for right of way for the new Stickney Point Bridge. One
parcel contained 1.50 acres, identified as SRD No. 109.0, and a
second parcel of 0.33 acre was numbered SRD 110.1. Staff recom-
mended issuance of the two dedication instruments dependent upon
receipt of waiver of objection from 'West Coast Inland Navigation
District, and with the instruments to be subordinate to prior rights
of the U. S. Corps of Engineers and V/est Coast Inland Navigation
District.
Motion was made by Mr. Dickinson, seconded by Mr. •"illiams, and
adopted unanimously, that the two dedications requested by the
State Road Department be authorized subject to the provisions
recommended by the Staff.
DUVAL COUNTY - File No. 1978-16-253.12. Anderson M. Foote on
behalf of the Atlantic Coast Line Railroad Company, abutting upland
owner, offered the appraised price of $1,950.00 per acre, or $507.00
for the parcel of submerged land in the St. Johns River in Section
17, Township 2 South, Range 27 East, containing 0.26 acre abutting
uplands in the City of Jacksonville and landward of the established
bulkhead line.
The parcel would be leased from A. C. L. by Eagle, Inc., for steam-
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ship docking and unloading facilities in connection with a truck
trailer ferry service between Jacksonville and Puerto Rico. Present
structures on uplands adjacent to the submerged parcel made it
infeasible to construct the dock within uplands, and to accommo-
date vessels it would be necessary to dredge to a depth of minus
21 feet. The spoil would be deposited within the proposed construc-
tion. The first vessel was scheduled to arrive April 21, 1967, and
service thereafter would be on a weekly basis. No other riparian
owners were within 1000 feet on either side of the parcel.
Motion was made by Mr. Williams, seconded by Mr. Dickinson and
adopted unanimously, that the parcel be advertised for objections
only.
SARASOTA COUNTY - The Board of County Commissioners of Sarasota
County authorized their attorney, Mr. Richard E. Nelson, to present
to the Trustees a resolution adopted by the Commission on March 1,
1967, concerning drilling for oil in the offshore waters adjoining
Sarasota County. Mr. Nelson read the following resolution:
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF SARASOTA COUNTY, FLORIDA
RE: OIL AND MINERAL EXPLORATION ON SUBMERGED LANDS
V;iTHIN THE BOUNDARIES OF SARASOTA COUNTY, FLORIDA
WHEREAS, the Trustees of the Internal Improvement Fund of
the State of Florida, hereinafter called "Trustees" did, on the
27th day of March, 1946, grant a lease in favor of Arnold Oil
Explorations, Inc., which lease is now purportedly held by
Coastal Petroleum Company, hereinafter called "Coastal"; and
WHEREAS, the provisions of said lease encumber millions
of acres of public bay bottoms, river bottoms and gulf bottoms
on the West coast of Florida, including vast areas within the
boundaries of Sarasota County in which said lease permits and
encourages the drilling, prospecting and production of oil,
gas and sulphur, as well as the laying of pipe lines, the
building of tanks, roads, power stations and other structures
to accommodate the exploration and production of oil, gas and
sulphur; and
WHEREAS, said lease was granted for a primary term of five
(5) years with provisions for renewal for five year periods; and
WHEREAS, the granting of said lease some twenty years ago
was for the specific intent of either developing or not develop-
ing of the oil, gas and sulphur resources within the primary
lease period of five (5) years; and
WHEREAS, no oil, gas or sulphur have been developed or
produced within the boundaries of Sarasota County during the
primary term of said lease or any o:: the extensions thereto; and
VTOEREAS, those vast areas of bay bottoms, river bottoms and
gulf bottoms in Sarasota County encumbered by said lease have
become the most important single public asset within the bound-
aries of Sarasota County in that said areas provide for the use
and benefit of the public an area of natural resources available
for fishing, boating and other outdoor recreational usage, as
well as an area for the conservation of wild life, fish and
other marine life; and
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'r^THEREAS, the past and anticipated future increases in
population, accompanied by the expansion of the needs and
demands of the public for outdoor recreation; the increased
demand for production of fish and other marine life; the
vastly expanding tourist industry, accompanied by the necessity
to conserve and protect existing wild and marine life have
emphasized that the public health, safety and welfare will
be more beneficially served by the cancelling of Coastal's
lease as it applies to Sarasota County; and
'.VHEREAS, the concerned lease to Coastal is subject to
being construed as the grant of a perpetual use of public
lands by a private corporation for profit and the terms and
provisions thereof in other respects are redundant, ambiguous
and susceptible to various interpretations which have resulted
in the creation of clouds upon the title to large areas of
submerged and filled lands heretofore conveyed by the Trustees;
and
WHEREAS, there may be considerable doubt as to the
compliance with the provisions of said lease by Coastal so
as to entitle Coastal to the successive extensions of the
terms and provisions of said lease; and
;VHEREAS, the best interests of the State of Florida and
the County of Sarasota will be served by the cancellation of
said lease as it applies to Sarasota County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF SARASOTA COUNTY, FLORIDA, in public meeting
assembled:
1. The Trustees of the Internal Improvement Fund of the
State of Florida are hereby respectfully requested to review
the terms and provisions of the lease granted by the Trustees
on the 27th day of March, 1946, to Arnold Oil Explorations,
Inc., now purportedly held by Coastal Petroleum Company, and
upon completion of the review of same to authorize an investi-
gation and public hearing for the purpose of determining
whether or not the intent, purposes and terms of said lease have
been complied with by Arnold Oil Explorations, Inc., and its
assigns, and for the further purpose of determining whether or
not it is in the best interests of the State of Florida and
County of Sarasota to cancel or otherwise limit the vast areas
of the public domain which are subject to the terms and
provisions of said lease.
2. The problem of the application of said lease is one
which may adversely affect all of the counties of the lower
West coast of Florida in varying degrees and, therefore, it
is respectfully suggested that the counties so affected under-
take an investigation to determine whether or not it is in
the best interests of the citizens of the State of Florida
and of their respective counties to request the Trustees of
the Internal Improvement Fund of the State of Florida to
cancel or limit the application of the oil and sulphur dril-
ling leases affecting the submerged lands within their
boundaries .
3. The Clerk of this Board is hereby authorized and
instructed to forward a copy of this Resolution to the Board
of County Commissioners of Pinellas, Manatee, Charlotte, Lee
and Collier Counties, and to the Florida Legislative Delega-
tions representing said Counties.
3-21-67
- 183 -
4. The Attorney for this Board is hereby authorized and
directed to present this Resolution to the Trustees of the
Internal improvement Fund of the State of Florida with the
request that the Trustees act upon same at the earliest
possible date.
PASSED AND DULY ADOPTED this 7th day of March, 1967.
BOARD OF COUNTY COMMISSIONERS OF
SARASOTA COUNTY, FLORIDA
(SEAL)
By: (s) Leslie C. Miller
Chairman
ATTEST : (s) Robert W. Zinn
Clerk of the Board of
County Commissioners
Motion was made by State Treasurer Broward Williams, seconded
by Attorney General Earl Faircloth, and adopted unanimously, that
the Trustees receive the Resolution and take it under advisement.
r-lr. Page S. Jackson, County Attorney of Pinellas County, was
authorized to appear before the Trustees to express the views of
the Board of County Commissioners of Pinellas County in support
of the views as expressed in the above resolution by the County
Commissioners of Sarasota County concerning this Coastal lease.
He said that the twenty-year old lease appeared to constitute a
grant of use of vast areas of submerged bottoms, and that Charlotte,
Lee, Pinellas, Collier, Manatee, Hillsborough and Sarasota Counties
all felt concerned. He said the lease turned up as an exception
of title insurance companies, and he was asked by his Board to
endorse and join with Sarasota County in requesting that the Trustees
consider the matter and relieve them of unreasonable inconveniences
and litigation which had resulted from filling by owners of sub-
merged land in the lease area.
On motion duly adopted, the Trustees took the request under advise-
ment for further study.
FRANKLIN COUNTY - Geophysical Permit. Geophysical Service, Inc.,
requested permission to conduct a short reflection seismograph
survey offshore from Franklin County over an area 8h miles long and
approximately 8 miles from the nearest land. VJritten evidence on
file from Coastal Petroleum Company and Mobil Oil Company, holders
of oil and gas lease in the area, granted permission for the survey.
Application for Board of Conservation permit was approved by that
board on this date.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted unanimously, that the Trustees grant permission to the
Geophysical Service, Inc., to conduct the requested survey, insofar
as the interest of the Trustees extends.
HILLSBOROUGH COUNTY - File No. 1600-29-253.124. The Elsberry
Development Corp. and Tampa Bay industrial Corp., by Mr. John M.
Allison, attorney, requested modification of the revised dredge and
fill permit for work in Sections 9 and 10, Township 31 South, Range
19 East, in Tampa Bay, Hillsborough County. The Trustees approved
the original permit on October 11, 1966, a revised permit on Novem-
ber 29, 1966, and further changes in breakwater and boat slip
3-21-67
- 184
construction required modification of the permit. Hillsborough
County Commission issued modified permit on March 1, 1967, and
the Staff recommended' approval .
On motion made by Mr. VJilliams, seconded by Mr. Dickinson and
adopted without objection, the Trustees formally approved the
modification of the revised dredge and fill permit.
GLADES COUNTY - On August 5, 1966, the U. S. Sugar Corporation
entered into Agricultural Lease No. 2207 with the Trustees, of 96.65
acres, more or less, of reclaimed lake bottom land of Lake Okeechobee
in Section 22, Township 42 South, Range 33 East, Glades County, for
an annual rental of $20.00 per acre. However, the Trustees were
unable to deliver possession of the tract to U. S. Sugar due to the
former lessee still being on the land until February 20, 1967.
Staff recommended that a refund of prepaid rental in the amount of
$1,047.02 representing the first six months and fifteen days of the
lease term, be authorized.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted unanimously, that refund of $1,047.02 be made to U. S.
Sugar Corporation as recommended by the Staff.
PINELLAS COUNTY - File No. 306-52-253.12. On February 13, 1967, the
City of Dunedin by Resolution No. 67-8 agreed to accept payment of
the sum of $6,450.98 from the Fidelity and Casualty Company of Nev/
York as discharging in full the obligation of the bonding company
to construct the access road to the public beach on Honeymoon Island
to Station 102+00 as shown on the appropriate approved
construction plans described in the final certificate of Watson and
Company dated December 1, 1964. The construction of this road was
the final obligation of the bonding company with respect to the
construction of the causeway and bridge from the mainland to Honey-
moon Island as originally agreed upon, and in which the Trustees
were involved as a party by reason of the fact that certain
submerged lands were made available to the City of Dunedin to insure
access to this offshore island. A copy of subject Resolution No.
67-8 has been forwarded to this office by Mr. Thomas C. Mac Donald,
Jr., attorney for the bonding company, with the request that it be
brought to the attention of the Trustees, and that the action of
the City of Dunedin in accepting the sum of $6,450.98 as final and
complete discharge of the responsibilities of the bonding company
with respect to this project be confirmed and approved by the
Trustees .
Staff had reviewed the contents of the subject resolution and
recommended that the Trustees concur and approve the action of the
City of Dunedin as set forth in the resolution.
Motion was made by Mr. Williams, seconded by Mr. Faircloth and
adopted without objection, that the Trustees concur and approve the
action taken by the City of Dunedin.
PINELLAS COUNTY - On September 27, 1966, the Trustees granted
permission to the City of Treasure Island to extend by artificial
nourishment the beaches that were subject to severe erosion along
the Gulf of Mexico within the corporate limits of the city for a
distance of approximately 1.7 miles, conditioned upon the city
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185
obtaining the consent of all the riparian owners. At that time
there was only one land owner who did not consent, and the Trustees'
approval was subject to the final disposition of the single objec-
tion. Subsequently, the City of Treasure Island purchased the
upland property of the objector and furnished to the Trustees'
office a copy of warranty deed executed on February 18, 1957, duly
recorded .
Upon motion by Mr. Williams, seconded by Mr. Dickinson, and
unanimously adopted, the Trustees accepted the report as information
regarding the city's compliance with the condition in the Trustees'
approval on September 27, 1966, for the beach nourishment project.
POLK COUNTY - George Armington submitted after-the-fact application
for permit for the removal of 47,400 cubic yards of fill material
from Lake Rosalie in Townships 29 and 30 South, Range 29 East, in
Polk County. The Florida Game and Fresh V7ater Fish Commission
investigated the project and suggested several measures to mitigate
the damage done by dredging, which suggestions were followed by
Mr. Armington to the satisfaction of the Game Commission. Applicant
tendered payment in the amount of $2,370.00 for the fill material,
and Staff recommended issuance of after-the-fact permit.
The Director suggested that Trustees' policy be modified to provide
a penalty where such unauthorized work was uncovered, in addition
to the requirement for after-the-fact permit, where issuance of such
permit was approved.
Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and
unanimously adopted, that after-the-fact permit be authorized in
this instance, and that for future applications of this kind
an additional penalty be required.
TRUSTEES ' FUNDS - Acquisition of Capitol Center Property. The
Director reported that he had been advised by Mr. Charles D. Barrier,
Executive Director of the Capitol Center Planning Committee, that
Mrs. N. D. McPeak has agreed to sell her property to the state
for the sum of $22,500.00 upon condition that she be allowed to
remove the building and retain possession through the summer tri-
mester to honor commitments to present tenants. Efforts had been
under way for several years to negotiate purchase of the property,
described as the Eh of '/jH of Lot 247 Old Plan of the City of Talla-
hassee, 42^5 feet in width by 170 feet in length, fronting on West
Gaines Street between Duval and Bronough Streets.
Staff reviewed the matter and found that the price agreed upon was
in line with prices paid for other property in the area. Therefore,
the Staff recommended that approval be given for the expenditure
of Trustees' funds to make this acquisition.
On motion made by Mr. Williams, seconded by Mr. Faircloth, and
adopted unanimously, the Trustees gave approval for expenditure
of $22,500.00 of Trustees' funds for the acquisition of capitol
center property.
TRUSTEES ' FUNDS - The Trustees on October 4, 1966, authorized
that the low bid of $5.75 per page be accepted from the St. Peters-
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- 186
burg Printing Company for the printing of Volume 35, Minutes of
the Trustees. After delivery of the books it was found that
corrections must be made in the index, and the printer made the
corrections at the cost of $604.20. The Staff had consulted the
State Purchasing Commission and it was agreed that the state's
responsibility for the corrections was 35% or $211.47 of the extra
cost. Staff requested approval to pay this amount from budgeted
funds.
Motion was made by Mr. Williams, seconded by Mr. Dickinson, and
adopted unanimously, that the Trustees authorize payment to St.
Petersburg Printing Company from budgeted funds, of the extra cost
of $211.47 for the corrections made in the index of the printed
minutes, in addition to the amount of the low bid at $6.75 per
page.
SUBJECTS UNDER CHAPTER 10296
Motion was made by Mr. Dickinson, seconded by Mr. Williams, and
adopted unanimously, that Report No. 905 listing 2 bids for sale of
Santa Rosa County land under provisions of Chapter 18296, the
Murphy Act, be approved and execution of deeds pertaining thereto
be authorized.
HILLSBOROUGH COUNTY - Mr. William M- Register, Jr., attorney, on
behalf of the University of South Florida Foundation, a Florida
corporation, requested waiver of the usual regulations as to size
limitation for release of the oil and mineral rights reserved in
Hillsborough County Murphy Act Deed No. 4053 dated May 26, 1945,
as to almost eleven acres of land in the N^V^j of NW% of Section 17,
Township 28 South, Range 19 East, Hillsborough County, to be used
for development. Under the statutory provisions the whole area
might not be considered a building site, but the Staff felt that
for a consideration of $220.00, the State of Florida would be
compensated for the oil and mineral interest.
Motion was made by Mr. Williams, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees waive the rule and authorize
release of the oil and mineral rights upon payment of $220.00.
REFUNDS - Motion was made by Mr. Dickinson, seconded by Mr. Williams,
and adopted unanimously, that refunds in the amount of $10.00 each
be made to the follov;ing two applicants for release of state road
right of way reservations affecting parcels of land conveyed under
the provisions of Chapter 18295 - the Murphy Act- for the reason
that the State Road Department did not recommend release of the
reservations .
Tampa Abstract and Title Insurance Company, Hillsborough
County Part Deed No. 3923, and
Lawyers Land Title Corporation, Hillsborough County Part
Deed No. 3923 .
On motion duly adopted, the meeting was adjourned.
3-21-67
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ATTEST:
DIRECTOR - SECRETARY
Tallahassee, Florida
March 28, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr.
Fred 0. Dickinson, Jr ,
Broward V7illiams
Doyle Conner
Governor
Comptroller
Treasurer
Commissioner of Agriculture
Robert C. Parker
Director
BREVARD COUNTY - File No. 1981-05-253.12. Mr. Paul M. Goldman was
present on behalf of Mr. Wendall O. Yount, et ux, abutting upland
owners, v/ho applied to purchase a parcel of submerged land in the
Banana River in Section 19, Township 24 South, Range 37 East, 4.02
acres abutting uplands adjacent to Riviera Isles Subdivision,
landward of the established bulkhead line in Brevard County. The
land was appraised at $400.00 per acre by the Staff Appraiser.
The uplands adjacent to the submerged land sought for purchase had
been platted and partially developed with homes in various stages
of construction, some already occupied. Further construction was
delayed due to Federal Housing Administration and Veterans Adminis-
tration requirements that street ends must have cul-de-sacs for
vehicular traffic turn-arounds . It was anticipated by the applicant
that such turn-arounds would have been constructed over submerged
land, however , the moratorium had prevented the purchase which would
have finalized the project described as now being at a stand-still.
Mr. Goldman said that the bulkhead line was established in 1965
and obviously his client would have been wiser to have sought to
purchase the submerged land then and held it under contract.
However, he had developed in a systematic manner, the upland first,
and relied on being allowed to purchase submerged land abutting his
upland ownership. He pointed out that a substantial amount of the
application parcel would go into canals and dedicated streets, and
unless allowed to purchase the submerged land the financing of the
building program would be endangered.
Mr. Dickinson said he did not know the applicants but had investi-
gated the application and thought it was a genuine hardship case in
which the Trustees could assist. He made a motion that the appli-
cation be approved.
Governor Kirk said the situation was forced by the applicant not
putting the turn-arounds on his property, that there should be some
way to guarantee that investors don't assume that the state will
3-28-67
- 188 -
sell the submerged land. Mr. Dickinson agreed with the Governor
and said the same type of problem had come up several times since
January, but that developers planning a project depending on
procuring submerged land should present the total package to the
Trustees at the outset, should give the Staff information about
their future plans as it might involve submerged lands. Mr. Parker
said the Staff did not encourage upland owners to assume they could
purchase submerged land. Governor Kirk replied that they should
be warned that there was no implied consent to sale of submerged
land .
The area was within a bulkhead line running over nine thousand
feet along the western shore of the Banana River which was inspected
by the Board of Conservation, which recommended designated area for
dredging fill material to minimize damage to conservation values in
the overall area.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the submerged land applied for be adver-
tised for objections only.
BROWARD COUNTY - File No. 1982-06-253.12. John D. Mendez on behalf
of Island Twenty, Inc., the abutting upland owner, made application
to purchase a parcel of submerged land in the New River in Section
12, Township 50 South, Range 42 East, abutting Island "B" and
adjacent to the southerly right of way line of the Intracoastal
Waterway channel landward of the established bulkhead line in the
City of Fort Lauderdale, Broward County, Florida. The Director
said that the phase of litigation in which the Trustees were involved,
relative to the excessive fill upon Island "B", had been concluded.
The applicant desired to exchange a parcel containing 0.335 acre
lying inside the Intracoastal Waterway right of way, for a like
amount of submerged land owned by the Trustees. Total area of the
submerged land sought was 0.717 acres. The exchange will result
in the applicant purchasing 0.382 acre for which the appraised value
of $10,500.00 per acre, or $4,011.00 for the 0.382 acre, was offered.
Applicant will execute the appropriate instrument conveying to the
Trustees the 0.335 acre parcel; in turn, the Trustees were requested
to issue an instrument conveying the 0.717 acre submerged parcel.
in view of the involved litigation over an extended period and the
encroacliment into the Intracoastal Waterway right of way. Staff
requested consideration of the application under the hardship
provisions of the moratorium. The applicant was said to be in the
process of bulkheading the remainder of the island.
Motion was made by I-lr . Dickinson, seconded by Mr. Williams and
adopted unanimously, that the exchange be approv/ed and that adver-
tisement for objections only be authorized.
MONROE COUNTY - The State Road Department requested dedication,
for road right of way purposes, of a parcel of submerged land in
Hawk Channel in Section 26, Township 62 South, Range 38 East,
abutting Lots 2, 3 and 4, Block 5, Ocean Park Village Subdivision,
Plat Book 4, Page 14, Public Records of Monroe County, containing
1.07 acres, more or less, on Key Largo. Staff recommended dedica-
tion for road right of way of the 1.07 acres identified by the
State Road Department as Parcel 101.1, Section 90505-2610.
3-28-67
- 189 -
Also, the State Road Department requested temporary dredging
easement to extend until March 15, 1971, covering Parcel 102.1,
an 0.88 acre parcel of submerged land in Hawk Channel in Section
26, Township 62 South, Range 38 East, abutting Lot 5, Block 5 of
said Ocean Park Village Subdivision. Spoil from the dredge area
would be placed on the adjacent road right of way.
On motion by Mr. Williams, seconded by Mr. Conner and adopted
unanimously, the Trustees granted the request of the State Road
Department for dedication of 1.07 acres for road right of way, and
authorized issuance of temporary dredging easement for the 0.88
acre parcel to extend until March 15, 1971.
PALM BEACH COUNTY - Paul R. Gundlach made application for a com-
mercial dock permit for construction of a bulkhead and two floating
docks in Lake Worth at his upland property in Government Lot 3,
Section 34, Township 44 South, Range 43 East, in Palm Beach County.
All required exhibits, including $100.00 processing fee, were
submitted and the Staff recommended approval.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
without objection, the Trustees approved issuance of commercial
state dock permit to Mr. Gundlach.
SARASOTA COUNTY - Bulkhead Line. The Board of County Commissioners
of Sarasota County, sitting as the Water and Navigation Control
Authority, adopted Resolution No. 67-2-M dated March 7, 1967, which
changed and established a bulkhead line in Section 22, Township 38
South, Range 18 East, in Blackburn Bay. All required exhibits were
furnished and there were no local objections. The Authority in
the same resolution approved purchase of a small parcel (0.046 acre)
of submerged land under and around an existing house constructed
on pilings which had been in place for over 15 years.
The Board of Conservation found that damage to marine life was
apparently precluded since no dredging and filling was planned and
the applicant desired only to obtain title to the house site, in
order to obtain title insurance.
Staff recommended approval of the bulkhead line established by
Sarasota County, provided that there will be no filling of the
parcel of submerged land in event of any subsequent application
for sale and deed of the submerged land within the bulkhead line,
said condition to run with the land. Mr. Parker said the Staff
secured a cut-back of the bulkhead line originally submitted, and
had placed it on the agenda to assist the owner of the existing
house and upland property. If he made application to purchase the
0.046 acre parcel, the Staff would recommend a provision in the
deed that there would be no filling.
Mr. Conner said that since the county approved the application,
there apparently was no zoning violation. He suggested that the
county be requested to file a letter assuring the Trustees that
there was no objection to the house being there.
Mr. Dickinson pointed out that this was a case where the owner had
assumed the submerged land would be sold. Mr. Williams felt that
this would be a bad precedent, however, Mr. Dickinson said that the
Trustees previously had sold parcels of submerged land under exist-
3-28-67
- 190 -
ing structures built adjacent to upland ownership.
Governor Kirk said he thought the Trustees should deny the appli-
cation until the end of the moratorium.
Motion was made by Mr. Williams, seconded by Mr. Conner, and adopted
on a vote of three to one, with Mr. Dickinson voting "No", that the
Trustees decline to approve the bulkhead line fixed by the Sarasota
County Water and Navigation Control Authority, until after the end
of the moratorium and the legislative session when the application
might be submitted for reconsideration.
VOLUSIA COUNTY - File No. 1979-64-253.129. Mr. David L. Black on
behalf of Mr. Kenneth Shaffer and wife, requested disclaimer pursuant
to Section 253.129 Florida Statutes, covering a parcel of sovereignty
land filled prior to May 29, 1951, in the Halifax River in Volusia
County. The land was described as a parcel of filled land contain-
ing 0.52 acre, more or less, adjacent to the Halifax River in
Government Lot 4, Section 36, Township 14 South, Range 32 East,
abutting the Northerly 100 feet of the Southerly 800 feet of Lot "A",
Seabreeze Golf Course, as recorded in Map Book 11, Page 99, Public
Records of Volusia County, Florida, landward of the mean high water
line. All required supporting evidence was furnished and the Staff
recommended approval.
Motion was made by Mr. Williams, seconded by Mr. Conner, and
adopted unanimously, that the Trustees approve issuance of dis-
claimer under Section 253.129 for the usual $10.00 charge.
TRUSTEES ' FUNDS - Capitol Center Property. Mr. Charles D. Barrier,
Executive Director of the Capitol Center Planning Committee,
advised the Director that Mr. David L. Moody had agreed to sell
to the state for $24,000.00 his property in the Capitol Center
described as Sub. Lot 8 of Lot 313, 314, 315, 316, Subdivision 1
of Old Plan of City of Tallahassee, Florida, v^7hich fronted on St.
Augustine Street, between Bronough and Boulevard Streets, and was
50 feet in width and 120 feet in depth. Staff reviewed the matter
and found the price to be in line with prices for other property
in the area.
/
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted without objection, that the Trustees authorize expenditure
of $24,000.00 to acquire the property.
On motion duly adopted, the meeting was
ATTEST:
DIRECTOR - SECRETARY
3-28-67
- 191 -
Tallahassee, Florida
April 4, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr. Governor
Fred 0. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Earl Faircloth Attorney General
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
On motion duly adopted, the Trustees approved minutes of the
meetings of March 21 and 28, 1967.
PALM BEACH COUNTY - State Drilling Lease. Upon application by
Amerada Petroleum Corporation, the Trustees on February 21, 1967,
authorized advertisement for competitive sealed bids, pursuant to
law, for a 10-year primary term oil and gas drilling lease covering
the Trustees' full interest in 15,105.18 surface acres and the
reserved one-half interest in 56,477.77 surface acres. Legal
notices were published in the Tallahassee Democrat and the Palm
Beach Post, calling for sealed bids to be opened at 10:00 A.M. on
this date for a lease requiring annual rental of 50<: per net mineral
acre, royalty of one-eighth in kind or value and a minimum of one
test well to be drilled within the first 2 years of the lease.
Trustees reserved the right to reject any and all bids.
Included in the lands offered for lease were Sections 3, 4, 5, 9,
10, 15, 21 and 22, north of canal, in Township 43 South, Range 39
East, containing 4,293.96 acres, which were used by the Glades
Correctional Institution as its farm project. The Division of
Corrections had no objection to lease of the tract provided that
certain safeguards were taken with respect to their security problem.
Also included was the SW% of Section 8, Township 44 South, Range
37 East, 160 acres, which was under lease to Everglades Experiment
Station. The Experiment Station requested that this tract not be
leased for oil and gas exploration, as such activity would damage
and interfere with their research projects. Staff was informed that
Amerada would agree not to drill on, or enter upon, this tract
but desired it included in the lease.
Portions of Sections 14, 23, 26, 27, 34 and 35 in Township 44
South, Range 3 9 East, and Sections 2, 3, 10 and 15 in Township 45
South, Range 39 East, containing 4,480 acres, more or less, lying
within the Conservation Area No. 1, were requested to be excluded
from the proposed lease by Central and Southern Florida Flood
Control District by Resolution No. 716 dated March 10, 1967, for
the reason that drilling for oil and gas in Conservation Area No.
1 would not be compatible with the use and purpose for which the
area was developed and presently employed.
Objections were received from the Florida Game and Fresh Water Fish
Commission, the Air Boat - Half Track & Conservation Club of Palm
Beach County, and the Federated Conservation Council, requesting
that no oil and gas exploration be conducted in Conservation Areas
1, 2 and 3. (Land in Areas 2 and 3 not in proposed lease.)
4-4-67
- 192 -
Dr. Robert 0. Vernon, State Geologist, was asked to comment on
the objections regarding use of conservation areas. He advised
that the development of oil and management of water can be done
successfully, without damage to either, and that the Division of
Geology rules and regulations had proved to be more than adequate
to meet any problem. The Staff felt that the objections and the
aavice of the State Geologist with respect thereto involved a
question of policy which necessarily would have to be determined
by the Trustees .
Sealed bid from Amerada Petroleum Corporation, opened at this
time, was in the amount of $68,733.31 for state drilling lease of
the estimated total of 72,582.95 surface acres in Palm Beach County.
Attached check represented the cash consideration and rent called
for in the published legal notice, lease terms and conditions to
include rental of 50<: per net mineral acre, to increase five per
cent after the first two years, a royalty payment of one-eighth in
kind or in value for oil and gas produced from said lands and fifty
cents per long ton for sulphur, salt and/or other brines produced
from said land, and a primary term of ten years. The Trustees
received the bid and check >
However, in the meeting of the State Board of Education on this
date, the Cabinet had discussed and decided to postpone for one
month a decision on leasing for oil drilling on land owned by that
Board for the reason that preservation of natural resources and
water conservation areas might be jeopardized and the 1967 Legis-
lature should be given an opportunity to consider the subject and
make an expression on policies regarding drilling leases.
Mr. Dickinson asked if the situation was different with respect to
lands owned by the Trustees, and the Director said that seven
sections of the land advertised for bids for lease were in a con-
servation area. He advised the Board that about 8a}i of the
Trustees' land was in conservation areas.
Motion was made by Mr. Faircloth, seconded by r'r. •''illiams and
adopted by a vote of four to one, with Mr. Dickinson voting "No"
that action be deferred on the bid from Amerada Petroleum Corpo-
ration for at least thirty days unless there was some policy
direction from the Legislature regarding leasing of state land
for oil exploration and drilling.
CLAY COUNTY - File No. 1961-10-253.12. On March 7, 1967, the
Trustees considered application from James E. Yonge on behalf of
C. J. Massee, the abutting upland owner, to purchase 2.49 acres
of submerged land in the St. Johns River in Section 41, Township
4 South, Range 26 East, landward of the established bulkhead line
in the Town of Orange Park, Clay County. The application was
submitted in March of 1966 but due to delays in the establishment
of the bulkhead line, the Staff was unable to submit the request
to the Board until it was placed on the agenda for consideration
on March 7. The Trustees deferred action, after considering the
elements of hardship in the case.
Mr. Yonge requested reconsideration and was present on this date
so that he might present additional information, if called for, in
support of his position that the application did come within the
hardship provision of the moratorium placed in effect by the
Trustees with respect to sale of the submerged land. The file
contained a letter from the Bank of Orange Park in support of the
application.
4-4-67
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Motion was made by Mr. Faircloth, seconded by I-lr. Conner and adopted
unanimously, that the parcel of siibmerged land be advertised for
objections only.
DADE COUNTY - Deed No. 24429(1909-13) issued by the Trustees on
November 21, 1966, contained a clerical error, the omission of a
call in the description of the 0.41 acre parcel of submerged land
in Section 14, Township 53 South, Range 42 East, in Dade County.
Joseph Fleming on behalf of the grantee, the Estate of V7alter L. Mead,
deceased, requested issuance of a corrective deed, which the Staff
recommended.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted unanimously, that the Trustees authorize issuance of
corrective deed.
BREVARD COUNTY - On February 15, 1966, the Trustees authorized
issuance of state commercial dock permit to Wendell H. Dabbs for
construction of a dock in the Indian River, westerly shore, in
Section 14, Township 30 South, Range 38 East, at Micco, Florida,
about 1.6 miles north of the Sebastian Creek Bridge. Permittee
applied for modification of the permit to allow 150-foot extension
to the existing 300-foot dock. Staff recommended approval.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth, and
adopted without objection, that modified permit for state commercial
dock be issued for $100.00 processing fee.
DUVAL COUNTY - Robert F. Hook made application for state permit
for construction of an open trestle concrete breakwater pier, a
fuel pier, a 40-foot finger pier, and to rebuild 7 existing finger
piers in the Trout River at his property at 8137 Main Street, Jack-
sonville, Florida. All required exhibits and $100.00 processing
fee were submitted, and Staff recommended approval.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
unanimously, the Trustees approved issuance of state permit to
Mr . Hook .
OSCEOLA AND ORANGE COUNTIES - Central and Southern Florida Flood
Control District requested temporary hydraulic spoil easements in
East Lake Tohopekaliga and Lake Hart, to expire on March 1, 1969,
in connection with dredging channels in the said lakes as part of
the overall flood control project. Five separate areas were
involved, comprising a total of 11.92 acres. The Game and Fresh
Water Fish Commission and the United States Fish arid Wildlife
Service had worked out mutually satisfactory arrangements with the
District. Staff recommended approval.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted unanimously, that the Trustees authorize issuance of the
temporary spoil easements requested by Central and Southern
Florida Flood Control District.
4-4-67
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MORATORIUM ON SALE OF LAND - On January 31, 1967, the Trustees
approved the motion by Attorney General Earl Faircloth to invoke
a moratorium on sale of submerged land and reclaimed lake bottoms
for a period of forty-five (45) days except in cases where undue
hardship or injustice would be caused or the public interest
thwarted by such postponement. On March 21 the Trustees discussed
further extension of the moratorium until adjournment of the 1967
Legislature as proposed by the Attorney General. No final action
was taken and it was agreed that the matter be placed on the agenda
for consideration on this date.
Mr. Faircloth reviewed briefly the original motion to declare a
moratorium on the sale of public lands, particularly submerged lands,
under existing policy and regulations, except in hardship cases,
until the Legislature had an opportunity to bring to bear their con-
sidered judgment on policy guidelines for disposition of state lands.
He said the Director and the Staff had prepared information on areas
that the state owned, and committees of the Legislature had also
been working on this. He said that with these tools from the Staff
and the committees, the Legislature would have sufficient information
to make a judgment on policies with respect to public lands.
Motion was made by Mr. Faircloth, seconded by Mr. V.'illiams, and
adopted on a vote of four to one, with Mr. Dickinson voting "No",
that until the end of the regular session of the 1967 Legislature
(60 days), the Trustees continue the moratorium on sale of submerged
land and reclaimed lake bottoms except in cases of hardship or injus-
tive or where the public interest might be thwarted by such postpone-
ment.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr. Conner, seconded by Mr. Dickinson and adopted
unanimously, the Trustees approved Report No. 906 listing one
regular bid for sale of land in Okaloosa County under provisions of
Chapter 18296, the Murphy Act, and authorized execution of deed
pertaining thereto.
BAY COUNTY - The State Road Department offered $350.00 for the
following described lots to be used for road purposes: Lots 9 and
10, Block 3, and Lots 43 and 44, Block 26, in Highland City, embraced
in tax sale certificate Nos. 486 of 1934, 1068 and 1116 of 1931,
6371 and 6459 of 1933. Staff recommended sale of the lots for the
price offered, and conveyance under provisions of Chapter 21684,
Acts of 1943, without advertisement and public sale.
Motion was made by Mr. Dickinson, seconded by Mr. Conner and adopted
unanimously, that the Trustees approve sale of the lots to the State
Road Department for public road purposes, for the price offered,
under provisions of Chapter 21684.
MARION COUNTY - Florida Power Corporation of St. Petersburg, Florida,
applied for a permit to erect, operate and maintain electric
transmission lines across approximately 97 feet East and West and
297 feet North and South of 4^ chains square in the Northwest Corner
of NE^ of NE^ in Section 20, Township 17 South, Range 23 East,
Marion County. The land was certified to the State of Florida under
tax sale certificate Nos. 799 of 1913 and 12043 of 1933 under Chapter
4-4-67
- 195 -
18296, Acts of 1937,
payment of $200.00.
Staff recommended approval of permit upon
Motion was made by Mr. Conner, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees authorize issuance of the
permit to Florida Power Corporation for $200.00 ch;
On motion duly adopted, the meeting was adjourned
ATTEST:
DIRECTOR - SECRETARY
* * *
* * *
* * *
Tallahassee, Florida
April 11, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr,
Earl Faircloth
Doyle Conner
Governor
Attorney General
Commissioner of Agriculture
Robert C. Parker
Director
On motion duly adopted, the Trustees approved the minutes of the
meeting of April 4, 1967, which had been approved by the Attorney
General.
VOLUSIA COUNTY - File No. 1958-64-253 . 12. Mr. E. W. Gautier on
behalf of Holiday Harbors, Inc., abutting upland owner, made appli-
cation to purchase a parcel of submerged land in the Halifax River
in Section 2, Township 16 South, Range 33 East, 0.113 acre in the
City of Port Orange lying immediately southerly of the Port Orange
Bridge and landward of the established bulkhead line in Volusia
County. Applicant offered the appraised price of $300.00 per acre,
or the $100.00 minimum in this case.
The initial application was filed with the Staff on November 4,
1966, for issuance of an instrument under provisions of Section
253.12(1) and submerged land purchase under provisions of Section
253.12. Due to a misunderstanding on the part of the Staff, only
part of the application was processed and quitclaim deed under
provisions of Section 253.12(1) was authorized by the Trustees on
January 24, 1967.
Applicant requested consideration of the remainder of the applica-
tion under hardship provisions of the moratorium. Staff recommended
4-11-67
- 196 -
advertisement of the parcel for objections only.
Motion was made by Mr. Faircloth, seconded by Mr, Conner and adopted
unanimously, that the 0.113 acre parcel of submerged land be adver-
tised for objections onlv
DUVAL COUNTY - File No, 1974-16-253,12, 253,12(1), 253.129,
The United States Department of the Navy requested an exclusive
use dedication of submerged land in the St. Johns River adjacent
to the U. S, Naval Air Station and U, S. Naval Hospital at Jackson-
ville, Florida, in Sections 23, 39, 43 and 44, Township 3 South,
Range 26 East, Duval County, The dedication would allow the Naval
Department to control ingress and egress from the river into the
installations, for purposes of security, and provide a buffer zone.
Total area subject to the dedication was 35.70 acres at the Naval
Air Station and 1.0 acre at the Naval Hospital. The dedicated zone
would extend approximately 50 feet into the St. Johns River from
the mean high water line to the mean low water line and would
follow the shore line from the northernmost boundary to the south-
ernmost boundary of the installation.
The Department of the Navy also requested disclaimers to 17 parcels
of submerged land that were filled or had permanent structures
which were in place prior to May 29, 1951, and also requested quit-
claim deeds for 3 parcels of submerged land that were filled or had
permanent structures placed between May 29, 1951 and June 11, 1957.
Total acreage to be disclaimed under Section 253.129 Florida Statutes
was 112.4766 acres in Sections 23, 39, 43 and 44, Township 3 South,
Range 26 East. All required evidence in support of issuance of dis-
claimers was furnished. Total acreage to be quitclaimed under Section
253.12(1) Florida Statutes was 6.1486 acres. The Department of the
Navy offered $250.00 per acre for the subject land in Sections 23,
39 and 43, Township 3 South, Range 26 East, to be quitclaimed.
Staff Appraiser concurred in the price offered for the land.
Staff recommended issuance of dedication, disclaimers for the usual
fee, and quitclaim deeds as requested.
Motion was made by Mr. Faircloth, seconded by Mr. Conner and adopted
unanimously, that the Trustees approve the issuance of dedication,
disclaimers and quitclaim deeds to the Department of the Navy as
recommended by the Staff.
MONROE COUNTY - Phillips Surveying, on behalf of the City of Key
West, the abutting upland owner, made application for dedication
of a submerged parcel containing 3.09 acres in the Bay of Florida
in Township 67 South, Range 25 East, Monroe County, abutting the
old city swimming pool property v;hich was conveyed by Trustees
Deed No, 19529 in November 1949, in the City of Key West, for
public recreational purposes.
Motion was made by Mr. Faircloth, seconded by Mr. Conner and
adopted unanimously, that the Trustees approve dedication of the
3.09 acres to the City of Key West for public recreational purposes,
OSCEOLA COUNTY - on October 14, 1935, the Trustees of the Internal
Improvement Fund by instrument No. 49-5 conveyed a parcel of land
consisting of some 315 acres in Osceola County, which had thereto-
4-11-67
- 197 -
fore been conveyed to the Trustees on October 1, 1934, under the
terms and provisions of Chapter 14572, Acts of 1929, to the City
of Saint Cloud with a restrictive use provision that the property
be used only for municipal golf course and municipal airport pur-
poses. On February 1, 1956, in response to request from the city,
the Trustees expanded the restrictive use to include "and for other
public municipal purposes."
On March 1, 1957, the Trustees authorized corrective quitclaim deed
to the City of St. Cloud in response to request received from the
city upon consideration of payment of $1,000.00, which released a
10-acre parcel located within the 315 acres originally conveyed to
the city from all restrictive use provisions contained in the deed,
as well as the oil and mineral reservations.
The City Council of St. Cloud by Resolution No. 67-7 adopted on
March 31, 1967, requested the Trustees to release all use restric-
tions contained in the original deed to the City of St. Cloud as
to a 5-acre parcel described as the V}^ of NE^ of NE% of NW^ of
Section 10, Township 26 South, Range 30 East, Osceola County. The
City offered $1,000.00 for the release, which would enable the city
to convey the five acres to a private group for the erection of a
nursing and convalescent home.
Staff reviewed the request, and since it appeared that the property
would be utilized for a greatly needed health facility, recommended
that the request be granted and that the oil and mineral reserva-
tions be included in the release. Mr. J. J. Griffin, Jr., and City
Manager E. B. Howe were expected to be present on this date.
Motion was made by Mr. Faircloth, seconded by Mr. Conner and adopted
unanimously, that the Trustees accept the amount offered by the City
of St. Cloud for release of the deed restrictions including oil and
mineral reservations as to the five acres which would be used for
erection of a nursing and convalescent home.
TRUSTEES ' FUNDS - On March 21, 1967, the Board of Commissioners of
State Institutions approved renovation of a building at 813 South
Gadsden Street, in Tallahassee, formerly used as a Welfare Building,
which was on property purchased from Leon County by the Trustees
of the Internal Improvement Fund for Capitol Center purposes. Mr.
Terry C. Lee transmitted a request from Honorable Fred 0. Dickinson,
Jr. , State Comptroller, for the Trustees to make available a loan
of $13,200.00 to defray costs of the contemplated renovation, the
loan to be repaid from rent paid by the state agencies occupying
the building. The loan would be repaid within 10 years with
interest on the unpaid balance of 3% per annum. Staff reviewed the
request and recommended approval.
Motion v;as made by Mr. Conner, seconded by Mr. Faircloth and adopted
unanimously, that the Trustees grant the request and authorize loan
of $13,200.00 for the purpose explained, the loan to be repaid witji^n
10 years with interest of 3%.
On motion duly adopted, the meeting was adjo
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ATTEST
DIRECTOR - SECRETARY
Tallahassee, Florida
April 18, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, .Tr. Governor
Fred O. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Earl Faircloth Attorney General
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
On motion duly adopted, the Trustees approved the minutes of the
meeting of April 11, 1967, v;hich had been approved by the Attorney
General.
HILLSBOROUGH COUN TY - File No. 1931-29-253.12. On March 21, 1967,
the Trustees approved in principle confirmation of a sale subject
to agreement on the price to be paid for purchase of three (3)
separate tracts of submerged land in Tampa Bay in Sections 16, 17,
19, 20 and 30, Township 31 South, Range 19 East, containing 350
acres, more or less, in the Apollo Beach area within the estab-
lished bulkhead line, applied for by Francis J. Corr, et ux, et al,
abutting upland owners. The application tracts were landward of
part of the Apollo Beach development and the offer of $125.00 per
acre was the price at v;hich other land had been sold for this
project which had been delayed through no fault of the present
ov.'ners by litigation, as explained by applicants' attorneys at the
meeting on March 21. The Trustees directed reappraisal of the land
be made. The Staff Appraiser reported a current price of $200.00
per acre v;hich was accepted by the applicants.
Attorney General Faircloth called attention to the increase in
price. Mr. Parker explained that the Staff had used the same
figure for which land v/as sold for the original Apollo Beach
purchase, the delay in completion of purchase of the land for
the project having been caused primarily by litigation and bank-
ruptcy. Mr. Adrian S. Bacon, attorney for the applicants, said
he tried to explain circumstances at the previous meeting, that
the value was actually a negative value, but that his clients had
to acquire the submerged land to complete their development and
therefore had to pay the $200.00 per acre price.
Motion v;as made by Mr. Dickinson, seconded by Mr. Williams, and
unanimously adopted, that the offer of $200.00 per acre be accepted
and sale confirmed.
DUVAL COUNTY - Register and Cummings, Engineers, on behalf of
Jacksonville Port Authority, made application for a perpetual
4-18-67
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railroad right of way across the Old St. Johns River Channel from
the mainland to Blount Island in Section 19, Township 1 South,
Range 28 East, Duval County, covering 3.5 acres, more or less. The
right of way 100 feet wide and approximately 1,500 feet long would
be used in the construction of a railroad bridge.
Staff recommended perpetual right of way dedication, with reversion
clause, subject to receipt of satisfactory proof of ownership by
the Port Authority of Lot 13, Block 1, San Carlos Estates, as
recorded in Plat Book 18, Pages 44, 44-A and 44-B, Public Records
of Duval County.
Motion was made by Mr. Conner, seconded by Mr. Williams, and unani-
mously adopted, that the parcel be dedicated for railroad right of
way, with reversion clause, conditioned on receipt of the proof of
ownership as recommended by the Staff.
MONROE COUNTY - The City of Key West on behalf of the United States
made application for (1) channel right of way easement in Key West
Bight in the City of Key West in Township 67 South, Range 25 East,
containing 55.27 acres, more or less, for harbor improvement
facilities; and (2) permanent spoil area adjacent to the U. S.
Naval Station Liquid Fuel Station containing 9.76 acres on which
will be deposited materials dredged from the channel. Consent of
the affected riparian owners had been received.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted unanimously, that the Trustees grant the right of way ease-
ment for harbor improvement covering 55.27 acres, more or less, and
authorize dedication of the 9.76 acres for permanent spoil easement.
MONROE COUNTY - The State Road Department made application for
dedication of a parcel of submerged land in Steamboat Creek in
Sections 22 and 27, Township 59 South, Range 40 East, Monroe County,
for road right of way purposes. The parcel necessary for the con-
struction of a bridge is identified by the State Road Department as
Section 90505-2608, Ocean to Bay Road.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted unanimously, that the Trustees authorize dedication of the
0.35 acre parcel for road right of way purposes.
SHELL LEASES - On Mr. Williams' motion, duly adopted, the Trustees
accepted as information the following report of remittances received
by the Florida Board of Conservation from holders of shell leases
for the month of March, 1967:
Lease No. Name of Company Amount
1718 Radcliff Materials, Inc. ?13, 567.75
1788 Benton and Company, Inc.
November Balance 6,000.00
1788 Partial payment for December 2,212.25
1788 February 5,392.66
2233 Bay Dredging & Construction Co. 4,170.20
2235 Fort Myers Shell & Dredging Co.
For February 413.85
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HIGHLANDS. LAKE. POLK COUNTIES - The following three (3) complete
applications u-ere presented for state permits to remove fill material
from fresh v;ater lakes and rivers. The Florida Game and Fresh Water
Fish Commission investigated each application and had no objection
to issuance of the standard permit with the usual stipulations as
to dredging.
1. Highlands County - Lloyd V:. Williams applied for 1000 cubic
yards of material from Lake McCoy to use for improvement of
his upland lot in Section 6, Township 37 South, Range 30
East, in the Town of Lake Placid, Florida. Applicant submitted
$50.00 payment.
2. Lake County - Astor Forest Campsites made application for
5,000 cubic yards of material from the St. Johns River to
improve waterfront upland property in Government Lot 9 in
Section 24, Township 15 South, Range 27 East, for which
$250.00 payment was submitted.
3. Polk County - W. E. Manry, Jr., applied for 500 cubic yards
from Lake Wales to improve his upland Lots 2, 3 and 4, Lake-
view Hills, in Lake uales, Florida. He submitted $25.00
payment.
Dr. Manry also requested permission to pump silt into the
center of the lake from a deposit from a storm sewer due to
highway construction. The Game Commission recommended
denial of this request, inasmuch as it would create excess
silting in the lake; but they had no objection to removal of
the silt deposit providing it was not placed on submerged
lake bottoms.
Motion was made by Mr. Faircloth, seconded by Mr. Conner and adopted
unanimously, that the three permits for removal of material to be
used to improve upland property be approved in conformance with the
recommendations of the Florida Game and Fresh V7ater Fish Commission.
The request to pump the silt into the lake was denied.
MANATEE COUNTY - Motion was made by Mr. Faircloth, seconded by Mr.
Conner and adopted unanimously, that the Trustees approve issuance
of a state commercial dock permit to the Bradenton Yacht Club for
construction of a dock in the Terra Ceia Cutoff between Terra Ceia
Bay and the Manatee River in Section 16, Township 34 South, Range
17 East, for $100.00 processing fee.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr. Faircloth, seconded by Mr. Dickinson, and adopt«
without objection, the Trustees approved Report No. 907 listinc
one regular bid for sale of land in Brevard County under prov/-
sions of Chapter 18296, Acts of 1937 - the Murphy Act.
On motion duly adopted, the meeting was
4-18-(
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ATTEST: (_.^2^/^^ <^-^^ -->-
DIRECTOR - SECRET/iRY
*** *** ***
Tallahassee, Florida
April 25, 1967
The Trustees of the Internal Improvement Fund met on this date
in the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr. Governor
Fred O. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Earl Faircloth Attorney General
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
On motion duly adopted, the Trustees approved the minutes of the
m.eeting held on April 18, 1967.
BREVARD COUNTY - File Nos. 1943 and 1944-05-253.12. On March 7,
1967, the Trustees authorized advertisement for objections only
of the submerged land in the following applications, provided the
State Road Department approved plans for feasibility of the
proposed north-south road and provided that the county required
the private developers to include beautification in their plans:
(1) File No. 1943-05-253.12. Merritt Square Corporation
offered $1,840.00 per acre, the value reported by the Staff
Appraiser, for a parcel of submerged land in Newfound Harbor
abutting Government Lot 3, Section 36, Township 24 South,
Range 36 East, Brevard County, bounded on the north by the
easterly extension of the north line of said Government Lot
3, bounded on the east by the bulkhead line established by
Brevard County on October 20, 1966, bounded on the south by
the easterly extension of the south line of said Government
Lot 3, bounded on the west by the mean high water line of
Newfound Harbor, containing 15.82 acres, more or less; less,
however, 4.51 acres, more or less, contained in a proposed
150-foot wide county road right of way aligned in a north-
south direction.
(2) File No. 1944-05-253.12. General Canaveral Corporation
offered $1,840.00 per acre, the value reported by the Staff
Appraiser, for a parcel of submerged land lying in Newfound
Harbor abutting Government Lot 2, Section 36, Township 24
South, Range 36 East, Brevard County, bounded on the north
by the southerly right of way line of State Road No. 520,
bounded on the east by the bulkhead line established by
Brevard County on October 20, 1966, bounded on the south by
the easterly extension of the south line of said Government
Lot 2, bounded on the west by the mean high water line of
Newfound Harbor, containing 16.04 acres, more or less; less.
4-25-67
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however, 3.60 acres, more or less, contained in a proposed
150-foot wide county road right of way aligned in a north-
south direction.
The land was advertised for objections only in the Cocoa Tribune,
proof of publication filed in the Trustees' office. After prepara-
tion of the agenda, a telegram was received from South Merritt Island
Properties Owners Association objecting to the sale.
The State Road Department through Mr. C. A. Benedict, District
Engineer in DeLand, Florida, addressed a letter dated April 14 to
Mr. Curtis R. Barnes, Clerk of the Brevard County Board of County
Commissioners, in which he stated that with respect to the proposed
road, he was unable to state that the alignment indicated on the
map submitted to him was the most feasible primarily due to lack
of complete information as to whether the construction was feasible
in the location shown; but that a road in that general area would
be useful and if extended on across into NASA property by the
federal government, it v/ould relieve the traffic on State Road No-
3 located westerly of this alignment.
Staff recommended confirmation of the sales if the Trustees construed
the District Engineer's letter as in general compliance with the
views of the Trustees, and conditioned upon release by the State
Road Department to the Trustees of the excess right of way on State
Road No. 520 located on the northern boundary of the property in
application No. 1944-05-253.12.
Mr. Faircloth asked if these applications were not deferred, and
pointed out that the Governor had suggested getting a report from
the State Road Department. Mr. Parker said that the applications
were deferred when first presented but later the Trustees authorized
advertisement, and that attention was called to the letter from the
District Engineer of the State Road Department.
Treasurer '.7illiams said he would like to see the Trustees approve
this matter, as building of the road which had been held up
was needed. He and the Governor had personally inspected the area.
Mr. Faircloth said it would be better if the road was extended on
into NASA property, which Mr. Parker said was anticipated.
Motion was made by Mr. Williams, seconded by Mr. Dickinson, and
adopted unanimously, that sale of the two advertised parcels be
confirmed in favor of the tv/o applicants listed heretofore, condi-
tioned upon release by the State Road Department to the Trustees of
the excess right of way on State Road No. 520 located on the northern
boundary of the property in application No. 1944-05-253.12.
BR0.7ARD COUNTY - File No. 1397-06-253.12. On November 29, 1966,
the Trustees considered the application from .-J. D. Horvitz, president
of Hollyv/ood, Inc., to purchase a tract of sovereignty land in New
River Sound in Section 25, Township 50 South, Range 42 East, in the
City of Hollywood, Florida, containing 44.1 acres, more or less;
and the Trustees deferred action for a period of ninety days in
response to a request from Honorable John U. Lloyd, County Attorney
of Broward County, for deferment to permit a new survey to be made
of the area in question.
The new survey was completed and reviewed by the Staff, and on
request from the Staff the Attorney General on April 7, 1967,
advised that the upland ownership of the applicant, Hollywood, Inc.,
with respect to the easterly one-half of New River Sound of the N^s
4-25-67
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of Section 25, Township 50 South, Range 42 East, which upland
ownership was shown as Government Lot 1, is no longer in existence
and therefore the applicant could no longer be construed as an
upland owner with the right to purchase this portion of New River
Sound. The letter from the Attorney General further stated that
no evidence v/as available to indicate the exact cause of the dis-
appearance of Government Lot 1, but it could be presumed that such
disappearance occurred by reason of a gradual and natural process.
On the basis of this advice from the Attorney General, the Staff
recommended deferment of any action concerning the application of
Hollyv/ood, Inc., for a period of sixty days to permit the appli-
cant to institute legal proceedings to resolve all legal questions
involved in this matter, and in the absence of the commencement
of litigation within this period, that the Trustees reject the
application as to the entire area.
Motion v/as made by Mr. ./illiams, seconded by Mr. Dickinson, and
adopted unanimously, that the Trustees defer any action for sixty
days as recommended by the Staff, and if the applicant had not
commenced litigation within that time, that the Trustees reject
the application as to the entire area.
DUV/^L COUITTY - r^ila Ko . ly7o-15-253 . 12 . On March 21, l'ji67, the
Trustees considered the application from .Atlantic Coast Line
Railroad Company, the abutting upland owner, to purchase 2 contig-
uous parcels of submerged land landward of the established
bulkhead line in the St. Johns River along the westerly shoreline
of the river extending northerly 480 feet, more or less, from the
easterly prolongation of Jesse Street, abutting ACL uplands in
Section 17, Township 2 South, Range 27 East, in the City of Jack-
sonville, in Duval County. Applicant offered the appraised price,
$1,950.00 per acre. The parcel v/ould be leased for steamship
docking and unloading facilities in connection with a truck
trailer ferry service between Jacksonville and Puerto Rico.
Notice of sale v/as published in the Florida Times Union, proof of
publication filed and no objection received.
Motion was made by Mr. Dickinson, seconded by Mr. .Villiams and
adopted unanimously, that the Trustees confirm sale of the
advertised parcel to the abutting upland ov/ner at the price offered
BROVJARD MJD PALM BEACH COUNTIES - Dock Permits. Applications v/ere
made by the tv/o following parties for issuance of state commercial
dock permits. All required exhibits, including SIOO.OO processing
fees, were submitted by each applicant and the Staff recommended
approval .
Broward County - From Preston M. Cox, to construct a 36-.:oot
T-dock in the Intracoastal Waterway at his upland property
in Section 13, Tov/nship 50 South, Range 42 East, in Fort
Lauderdale, Florida.
Palm Beach County - From Spencer Boat Company, Inc., to
construct boat slips, including a covered slip, and to dredge
a boat basin at the applicant's property described as Lot 5
Gale Lake Worth Subdivision in the City of \Iest Palm Beach.
4-25-67
- 204 -
Motion was made by Mr. ./illiams, seconded by Mr. Dickinson, and
adopted unanimously, that the Trustees authorize issuance of the
tv/o dock permits.
On motion duly adopted, the meeting was
ATTi;
..3T, £3^^^:2^..^^
DIRECTOR - SECRETARY
Tallahassee, Florida
May 2, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present:
Claude R. Kirk, Jr.
Fred 0. Dickinson, Jr.
Brov/ard r/illiams
Doyle Conner
Governor
Comptroller
Treasurer
Commissioner of Agriculture
Robert C. Parker
Director
On motion duly adopted, the Trustees approved the minutes of the
meeting of /-.pril 25, 1967.
PALM B2/.CH COUi'TTY - Oil Lease. On April 4, 1967, the Trustees
opened the only bid for a 10-year oil and gas drilling lease
covering the Trustees' full and reserved one-half interest in
72,582.95 surface acres in Palm Beach County, which was submitted
by Amerada Petroleum Corporation in the amount of $68,733.31.
J.ction v.-as deferred for thirty (30) days to permit consideration
of the establishment of policy with respect to granting oil and
gas drilling leases and permitting drilling operations within
designated water conservation areas. Since that date, the
question of formulating a policy with respect to including desig-
nated water conservation areas within oil and gas drilling leases
has been discussed between the staff members of all the members
of the Trustees, and it seemed to be the consensus that for the
present, at least, no such oil and gas leases should be awarded
or drilling operations authori;^ed within these designated water
conservation areas.
The authorized representative of ?i.merada Petroleum Corporation,
th': only bidder, expressed a willingness to have all land within
Water Conservation Area No. 1 deleted from the lease and suggested
a procedure v/hereby the lease v/ould include these lands but upon
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the delivery of the lease the firm would deliver an executed
release of all this tract. This procedure would enable the
Trustees to secure the full bonus included in the bid of all
acreage located within Conservation Area No. 1, as well as the
rental for the first year of the lease, the total of which v;ould
amount to approximately $4,500.00.
Included in the land proposed for lease was the SW% of Section 8,
Township 44 South, Range 37 East, which is in the Everglades
Experiment Station, and Dr. Beckenbach, Director of the Station,
recoraraanded against including this land in an oil and gas lease.
However, Amerada advised that it desired inclusion of the tract
with the understanding that no exploration or drilling would be
conducted on the land, production being obtained by means of
directional drilling without disturbing the facilities or experi-
mental plantings of the Station in the event oil or gas should be
discovered on adjacent land.
Since the remainder of the land in the application for lease was
outside of any designated water conservation area, Staff recom-
mended that award of the lease be made to Amerada Petroleum Corpor-
ation on the basis of the bid submitted, including the S'v^h of
Section G, Township 44 South, Range 37 East, as proposed by Amerada
that no exploration or drilling will be conducted on said Section
c v/ithout the permission of the Trustees; and it v/as further
recommended that the procedure with respect to the area in Conser-
vation Area No. 1 be approved conditioned upon review and approval
by the office of the Attorney General.
.'lotion was made by Mr. Dickinson, seconded by Mr. u'illiams and
approved unanimously, that the Trustees accept the bid submitted
by Amerada Petroleum Corporation for a 10-year oil and gas drilling
lease covering the Trustees' full and reserved interest in the Palm
Beach County land as advertised, including the said Section 8 land
in the Everglades Experiment Station with the provision that no
exploration or drilling would be conducted without specific
permission of the Trustees, and including the area in Conservation
Area Ko . 1 provided the company v/ould immediately deliver an executed
release of all this tract, conditioned upon review and approval by
the office of the 7'^ttorney General.
ESCZiIlBIA COUNTY - Geophysical Permit. On motion made by Mr.
Dickinson, seconded by Mr. Williams, and approved unanimously, the
Trustees approved the application from Geophysical Service, Inc.,
for permission to conduct a short reflection seismograph survey
in and offshore from Big Lagoon in Escambia County approximately
7.5 miles in length, approval being conditioned upon the issuance
of a permit by the Board of Conservation.
Mu'.RIOU CQUIJTY - The Trustees on August 28, 1950, executed Deed No.
19671 conveying a small island in Lake »/eir in Section 23, Township
17 South, Range 23 East, containing 2.0 acres, under the provisions
of Section 253.36 Florida Statutes (reclaimed lake bottom), the
description of the parcel conveyed being by metes and bounds.
On July 3, 1951, the Trustees issued Deed No. 19671"A" Corrective
for the primary purpose of including therein the clause, "It being
the intention hereby to include in the above description all of
saif- i.sland." The description in the corrective deed, however,
war; not corrected to show 2.9 acres instead of the 2.0 acres in
the: original deed.
5-2-07
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In developing and platting said island, it now appears that the
original traverse shown and described on the plat of survey did
not follow the ordinary high water line boundary thereof as it
existed in 1951, the date of the corrective deed. Therefore, the
title attorneys claim that a cloud exists on the title to those
portions of the platted lots lying outside of the original traverse
description. To remove the cloud, application was made by Mr.
William V. Chappell, Jr., on behalf of the present owner and
developer, Mr. F. D. H. MacKenzie, for ex parte disclaimer cover-
ing the area within an amended description based on an accurate
survey of and following very closely to the ordinary high water
mark, containing 7.68 acres.
Staff recommended that disclaimer be authorized for a consideration
of $239.00, being the difference in the area of 7.68 acres over
the original 2.9 acres, or 4.78 acres at the original price of
$50.00 per acre.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the Staff recommendation be approved as
the action of the Trustees.
MARTIN COUNTY - Application for an after-the-fact commercial dock
permit was made by Mr. Nick Spensieri, who had rebuilt and extended
an old dock and relocated and rebuilt another dock which was
destroyed in 1965. Subsequently, he placed a solid fill structure
between the two docks, held in place by a concrete block retaining
wall. The Staff became aware of this illegal structure and fill
on or about February 13, 1957, and by letter requested removal
of concrete wall and fill. This was removed.
Required exhibits, including $100.00 processing fee for an after-
the-fact dock permit, were submitted, and the Staff recommended
approval .
Motion was made by Mr. Dickinson, seconded by Mr. //illiams and
adopted unanimously, that the Trustees authori:e issuance of
after-the-fact commercial dock permit to Mr. Spensieri.
POLK COUNTY - Mr. Dewey vl . Touchton, Secretary-Treasurer of Wahneta
Drainage District in Polk County, transmitted request on behalf of
the District that the Trustees iri their official capacity as the
Board of Drainage Commissioners of the State of Florida, appoint
Charles John McEnroe as a Supervisor to succeed himself for a
three-year term from the expiration of his current term. A land-
o\'mers' meeting was duly advertised and held in Winter Haven on
April 15, 1967, however no legal election could be had because there
was less than a quorum of landov/ners present in person or by proxy,
there being less than fifty per cent of the land represented. The
landowners present recomraended Charles John McEnroe to succeed
himself for a full three-year term.
Motion v/as made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the Trustees, acting in their official
capacity as the Board of Drainage Commissioners of the State of
Florida, appoint Mr. McEnroe as Supervisor of VJahneta Drainage
District for a three-year term from the expiration of his current
term.
5-2-67
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SARASOTP. COUNTY - The State Road Department requested temporary
dredging easement in connection with Stickney Point Bridge project
across Little Sarasota Bay. West Coast Inland Navigation District
had approved the location of the proposed borrow area lying
entirely within the Intracoastal Waterway right of way and con-
taining 4.06 acres, more or less, in Section 20, Township 37 South,
Range 18 East. Staff requested authority to issue temporary
easement to the State Road Department to expire April 1, 1971.
Motion was made by Mr. Williams, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees authorize issuance of the
temporary easement requested by the State Road Department.
TRUSTEES ' FUNDS - Capitol Center Property. The Staff recommended
that approval be given for expenditure of Trustees' funds to
acquire the followin'j tv/o properties in the capitol center:
1. Ollie Ashburn and Oma F. './hitaker, owners of property at
316 S. Gadsden Street, legally described as Old Plan
City of Tallahassee, Part of Lot 32 beginning 123 feet
North of Southeast corner of said lot, run West 110 feet,
North 47 feet. East 35 feet. South 27 feet. East 75 feet.
South 20 feet, to Point of Beginning, appraised by Staff
Appraiser at 58,733.75, had indicated agreement to sell
for the total sum of $9,000.00, which was within the
policy heretofore followed by the Trustees concerning
acquisition of capitol center property.
2. T. 3. Green, owner of property on S. Gadsden Street legally
described as Old Plan City of Tallahassee, Lot 32 beginning
143 feet North of Southeast corner of said lot, run North
27 feet. West 75 feet. South 27 feet. East 75 feet, to
Point of Beginning, appraised by Staff Appraiser at
$5,723.75, had indicated agreement to sell for the total
sura of $6,000.00, which was within the policy heretofore
followed by the Trustees in acquisition of capitol
center property.
notion -vas made by Mr. V/illiams, seconded and adopted unanimously,
that the Trustees authorize expenditure of Trustees' funds to
acauire the above properties for the capitol center.
TRUSTEES' FUNDS - On October 4, 1966, the Trustees approved expendi-
ture of Trustees' funds in the amount of $19,320.00 for construction
of a nevj greenhouse at the Governor's Mansion, to be built on
property just South of the Mansion. On December 6, 1966, at the
request of the Coordinator for the Board of Commissioners of State
Institutions, additional funds in the amount of $4,250.20 were
approved to enable construction of a more substantial foundation
and to extend piping for gas, v/ater and electricity. Due to a
mix-up in accounting procedure between the offices of the Trustees
and the Coordinator, it v;as found that $369.74 v/as needed to close
out the account.
On motion by Mr. Williams, seconded by Mr. Dickinson, and adopted
unanimously, the Trustees approved expenditure of additional funds
in the amount of $369.74 to close out the construction account.
5-2-67
- 208 -
SUBJECTS UNDER CHAPTER 18296
ST. JOHNS COUNTY - Ellis Smith, et al, as Trustees of Shiloh Baptist
Institutional Church, at St. Augustine, Florida, made application
for conveyance under Chapter 28317, Acts of 1953, of Lot 8 (except
part as described in Deed Book 53, Page 322) and Lot 9, Block 18
Dancy Tract, which parcels were certified to the state by tax sale
certificate Nos. 3544 and 3545 of 1933, and other certificates. The
applicant offered $300.00, and the application appeared to qualify
under the provisions of Chapter 28317, the Hardship Act.
On motion by lAx . Conner, seconded by Mr. vVilliams, and adopted
unanimously, the Trustees authorized conveyance for $3(
provisions of Chapter 23317.
On motion duly adopted, the Trustees
ATTEST:
DIRECTOR - SECRETARY
Tallahassee, Florida
May 9, 1967
The Trustees of the Internal Improvement Fund met on this date
in the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr.
Fred O. Dickinson, Jr.
Broward Williams
Earl Faircloth
Doyle Conner
Governor
Comptroller
Treasurer
Attorney General
Commissioner of Agriculture
Robert C. Parker
Director
On motion duly adopted, the Trustees approved the minutes of the
meeting of May 2, 1967.
BREVARD COUNTY - File No. 1981-05-253.12. On March 28, 1967, the
Trustees considered the presentation, as a hardship case under the
land sale moratorium, of the application of Wendall O. Yount and
wife, abutting upland owners, to purchase a parcel of submerged
land in the Banana River landward of the established bulkhead line
abutting portions of Government Lots 1 and 2, Section 19, Township
24 South, Range 37 East, on Merritt Island, Brevard County, con-
taining 4.02 acres, more or less. The parcel was advertised for
objections only in the Cocoa Tribune, proof of publication filed and
no objections received.
On motion made by Mr. Faircloth, seconded by Mr. Conner and unani-
mously adopted, the Trustees confirmed sale of the advertised
parcel to the riparian owners at the appraised price of $400.00
per acre .
- 209 -
5-9-67
CLAY COUNTY - File No. 1961-10-253.12. On ;.pril 4, 1967, the
Trustees considered, as a hardship cas^ under the land sale mora-
torium, the application of C. J. iiassee, the abutting upland owner,
to purchase a parcel of submerged land in the St. Johns River
lying landward of the established bal/diead line abuttinc the South
Half of former Garrett Street, Lots 4, 5, 5, 7, C and that portion
of that unnumbered lot adjacent to said Lot ij, lying north of the
present run of Johnson's Slough, all in Block 13, Section 2,' Orange
Park, according to Florida .Vinter Home and improvement Company's
Map of Orange Park and Ridgewood, Plat Book 1, Page 23, as recorded
in the public records of Clay County, Florida, in the Z. Kingsley
Grant, Section 41, Township 4 South, Range 26 Sast, Clay County,
containing 2.49 acres, more or less, in the Town of Orange Park,
Florida. Notice of sale v;as published in The Breeze, Orange
Park, proof of publication filed, and no objection received.
On motion made by Mr. Faircloth, seconded by Mr. Williams and
adopted unanimously, the Trustees confirmed sale of the advertised
parcel at the appraised price of $1,301.56 per acre.
BROWARD COUNTY - File No. 19G2-06-253 . 12 . On March 28, 1967, the
Trustees considered, under the hardship provisions of the land sale
moratorium, the application of John D. Mendez on behalf of Island
Twenty, Inc., the abutting upland owner, to purchase a parcel of
submerged land lying in New River, abutting Island "B", bounded on
the North by the southerly right of way line of the Intracoastal
Waterway Channel and the established bulkhead line, bounded on the
East by the northerly projection of the easterly line of Island "B",
bounded on the South by northeasterly line of Island "B" and bounded
on the West by the intersection of the northeasterly line of Island
"B" projected westerly with aforesaid southerly right of way line
and bulkhead line, being in Section 12, Township 50 South, Range
42 East, containing 0.717 acres, more or less, in the City of Fort
Lauderdale, Broward County, Florida. The land was advertised in
the Fort Lauderdale Daily News, proof of publication filed in the
Trustees' office.
Total area of submerged land sought was 0.717 acre. The applicant
desired to exchange a parcel containing 0.335 acre lying inside the
Intracoastal Waterway right of way, for a like amount of submerged
land owned by the Trustees. The Board approved the exchange which
resulted in the applicant purchasing 0.382 acre at $10,500.00 per
acre, executing the appropriate instrument conveying the 0.335 acre
parcel to the Trustees and in turn, the Trustees would issue an in-
strument conveying the 0.717 acre submerged parcel.
Protests were filed by Mrs. Isabel C. Virt, Mrs. Lillian V. Davey
and Joseph C. Mackey, and John w. Scott wrote that he interposed
no objection provided certain restrictions were placed in the deed.
The Staff did not consider the objections valid or that the sale
constituted an encroachment in the waterway. The restrictions
proposed by one objector would be a matter of local zoning.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted
unanimously, the Trustees confirmed the sale and exchange.
SHELL LEASES - The Trustees accepted as information the following
report of remittances received by the Florida Board of Conservation
from holders of shell leases:
5-9-67 - 210 -
Lease No. Name of Company Amount
1718 Radcliff Materials, Inc. $8,838.42
Audit Adjustment 78.32
1788 Benton and Company, Inc.
Partial payment January 1957 924.09
Partial payment December 1966 1,000.00
Month of March 1967 7,673.53
Secondary Royalty 872.2 9
2233 Bay Dredging & Construction Co.
Month of March 1967 4,994.12
2235 Ft. Myers Shell & Dredging Co.
Month of March 1967 703.40
Audit Adjustment 89.91
CHAflLOTTE COUNTY - James A. Kelly made application for renewal
of campsite lease covering private fish camp in Bull Bay in
Charlotte County. Also, Ralph J. Brandon and Stephen R. Roddy
requested renewal of their lease in the same area.
The tv/o leases were for campsite purposes only v;ith an annual
rental of $100.00, provision allowing cancellation by the Trustees
after 120-day v/ritten notice and $1,000.00 bond to guarantee removal
of structure in event of cancellation, as the sites were in the
vicinity of oyster beds. The Board of Conservation had inspected
the sites and approved subject to compliance with Charlotte County
Health Department sanitary regulations.
Staff recommended renewal of each lease on the same terms and
conditions for one year with option to renew for an additional
four years on a year-to-year basis.
Motion was made by Mr. Dickinson, seconded by 'Ir. Vv'illiams and
adopted unanimously, that the two campsite leases be renewed as
recommended by the Staff.
D;vDE COUI<rrY - The Public ivorks Department of Dade County made appli-
cation to dredge 24,000 cubic yards of fill material from a borrow
area in the Atlantic Ocean, 350 feet by 350 feet, about 1000 feet
offshore from Key Biscayne in Section 4, Township 55 South, Range
42 East, Dade County, to secure material for the Cape Florida State
Park access road. The contractor, Marine Exploration Co., Inc.,
gave a performance and payment bond in the amount of $1,000.00 to
Dade County to insure that the v/ork would be done in accordance
with contract specifications. Since the work would be for a public
purpose, the Staff recommended approval without charge for the
material.
Governor Kirk said his attention had been called to conservation
aspects and asked whether the Board of Conservation had made a
report on the proposed dredging. The Director said he had contacted
the Division of Beaches and Shores of the Conservation Department,
and no adverse effects as to erosion were indicated. He pointed
out tha location of a commercial sand lease in the area. The
Governor suggested deferment for one week.
At the suggestion of the Governor, the Trustees deferred action and
requested that a report be obtained from the Board of Conservation.
5-9-67
- 211 -
SANTA ROSA COUNTY - On January 17, 1947, the Trustees in response
to request from the State Road Department conveyed the fee simple
title by Deed No. 19238 to certain submerged lands in Sections
18, 19, 20, 29, 30, 31, 32 and 33, Township 2 South, Range 29
West, and in Sections 4 and 5, Township 3 South, Range 29 West,
lying within 350 feet each side of the center line of the existing
Pensacola Bay Bridge and existing State Road 30 (53) , SRD Section
4810 and Section 5803 . The grant was made on the condition that
if any of the land described therein should be abandoned for road
purposes, the title granted to the Road Department would automati-
cally revert to the Trustees, with the further provision that the
Road Department should have no right or authority to sell, lease
or encumber the lands described in the deed without the written
consent of the Trustees or their joinder in any sale, lease or
encumbrance .
On December 2, 1954, the State Road Department quitclaimed to Mr.
Carl T. Hoffman, the abutting upland owner, a portion of the land
in Trustees' Deed No. 1923S located on both the easterly and
westerly sides of the center line of the state road, which is shown
on maps on file in the Trustees' office. The quitclaim deed was
recorded in Deed Book 114 at Page 282, Public Records of Santa Rosa
County, Florida. At the time of execution of the quitclaim deed
by the State Road Department, the Trustees were not requested to
join in the execution of the instrument as required in Trustees'
deed to the Road Department.
The Staff has received a letter dated April 25, 1967, from Mr.
M. N. Yancey, Engineer of Rights of 'Way of the State Road Depart-
ment, in which he advised that due consideration was obtained by
the Road Department for the execution of subject quitclaim deed to
Mr. Hoffman, and he indicated that through an administrative
oversight the Right of V7ay Section failed to make a formal request
to the Trustees for joinder in the execution of the instrument.
Staff recommended that the Trustees authorize execution of an
appropriate instrument to be prepared by the Attorney General to
grant after-the-fact confirmation of the quitclaim deed above
referred to which was issued to Mr. Hoffman. This action will
satisfy the requirement of the provision contained in Trustees*
Deed No. 19238 and v;ill clear up any cloud that may exist with
respect to title to the property described in the quitclaim deed
from the Road Department to Mr. Hoffman.
Governor Kirk and Attorney General Faircloth asked if the Trustees
should not receive some property back, or some consideration.
Motion was made by Mr. Faircloth, seconded and unanimously adopted,
that further investigation be made and the matter was referred to
the Attorney General.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted
unanimously, the Trustees approved Report No. 908 listing County
of Hillsborough Deed No. 460-Duplicate to Martin Paul Crawford and
Richard Tom Wylie, to be issued in lieu of a deed to the same
grantees, the original deed dated January 6, 1941, now reported
lost and never recorded.
5-9-67
- 212 -
C0LUf4BIA COUNTY - John Presley and Bessie McGee, sol«- h«irs at
law of C^rler.ter L^wi^, deceased, made application for conveyance
unr-er Chapter 70317, Acts of 1953, of the E't of SW^g of NvV% of SE%
of S-ction 70, To^^nship 3 South, Ranje 17 East, Columbia County,
which v/as certified to the State by Tax Sale Certificate No. 174
of 1916. Applicants offered $650.00, and the application apoeared
to qualify under the provisions of the so-called Hardship Act.
Staff recommended approval of the application.
Motion v/as made by Mr. Williams, seconded by tAx . Faircloth and
adopted unanimously, that the Trustees authorize conveyance of the
parcel of land under provisions of Chapter P8317, Acts of 1953, to
the applicants for $650.00.
ST. JOHNS COUNTY - Lilly M. Flautt, et al, the sole heirs of E. J.
Hartley, deceased, made application for conveyance under Chapter
28317, Acts of 1953, of a parcel of land described as Part of SW%
of SE^ of Section 34, Township 7 South, Range ?9 East, as described
in Deed Book 59, Page 565, Public R-^cords of St. Johns County,
Florida, which ^.-as certified to the state under the Murphy Act
under Tax Sale Certificate Nos- 718 of 1928 and 3280 of 1933. The
applicants offered $400.00, and the application appeared to aualify
under the provisions of the so-called Hardship Act. The Staff
recommended aporoval of the application.
Motion was mrde by Mr. Williams, seconded by Mr. Faircloth and
adopted unanimously, th^t the Trustees authorise conveyance of the
parcel of land under provisions of Chapter 28317, Acts of 1953, to
the aoolicants for $400.00.
On motion duly adopted, the mer-tin^' w
ATTEST:
DIRECTOR - SECRETARY
5-9-67
213 -
Tallahassee, Florida
May 16, 1967
The Trustees of the Internal Improvement Fund met on this date
in the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr. Governor
Fred 0. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Earl Faircloth Attorney General
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
On motion by Mr. Dickinson, duly adopted, the Trustees approved
the minutes of the meeting of May 9, 1967.
CHARLOTTE COUNTY - File No. 1469-08-P53 . 12 . Staff requested
authority to refund the $50.00 application fee which was submitted
under date of December 13, 1963, by Edward D. Pillsbury, et al,
with application to purchase certain submerged land in the Peace
River in Charlotte County. The application was not completed
and was declared inactive by the Staff in the Trustees' office.
Motion was made by Mr. Conner, seconded by Mr. Williams and adopted
unanimously, that the Trustees authorize issuance of refund of
$50.00 to the applicants.
HIGHLANDS AND LAKE COUNTIES - The following two applications were
submitted for permits to take fill material from fresh water lakes,
All required exhibits were received by the Trustees' office, the
Florida Game and Fresh Water Fish Commission had no objections
provided applicants complied with the stipulations recommended by
the Commission, and the Staff recommended approval.
(1) Highlands County - W. H. Harrison applied for 500 cubic
yards of fill material to be dredged from Lake Clay to
clean and improve his lake shore area in front of his
upland property known as Lot 10, Block 11, Vacation
Estates. $25.00 minimum charge was submitted.
(2) Lake County - J. G. White applied for 8800 cubic yards
of fill material to be dredged from Lake Louisa to
improve his upland property in Section 17, Township
23 South, Range 26 East, Lake County. Applicant tendered
$440.00 in payment for the material.
On motion by Mr. Dickinson, seconded by Mr. Faircloth, and adopted
unanimously, the Trustees authori?:ed issuance of permits to the
two applicants for the work applied for, subject to provisions in
each permit as recommended by the Florida Game and Fresh W^ter
Fish Commission.
5-16-67
- 214 -
ST. JOHNS COUNTY - The Attorney General's Staff requested that the
Trustees dedicate four (4) parcels of land to the St. Augustine
Airport Authority adjacent to the St. Augustine Airport for runway
extension, spoil area, cleared area and easement for spoil area,
all in connection with expansion of the airport. The Airport
Authority had filed eminent domain proceedings naming the Trustees,
among others, as parties defendant who might have an interest in
the required parcels. The legal counsel of the Trustees thought
that when the Order of Taking was issued it would expedite matters
and be advantageous if he had in hand the dedications to parcels
identified in the Declaration of Taking as AA-4 (28.03 acres, more
or less), AA-5 (13.75 acres, more or less), AA-5 (4.49 acres, more
or less), and AA-7 (67.59 acres, more or less), all being in the
marsh land of Tolomato River East of Sections 50 and 54, and part
of unsurveyed Section 25, Tov\mship 5 South, Range 29 East, and
part of unsurveyed Section 30, Township 6 South, Range 30 East,
St. Johns County, Florida.
Staff requested authority to prepare and issue instruments of
dedication pursuant to the request of the Trustees' legal counsel.
Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees authorize the preparation
and issuance of the instruments of dedication as requested by the
office of the Attorney General.
SANTA ROSA COUNTY - On May 9, 1967, the Trustees considered the
agenda item which dealt v/ith Trustees' Deed No. 19233 dated January
17, 1947, which conveyed to the State Road Department the fee
title to a parcel of submerged land 350 feet each side of the
center line to permit access to the south end of the Pensacola Bay
Bridge, and there was an apparent misunderstanding with respect
to the inclusion of property in a deed from the State Road Depart-
ment to Carl T. Hoffman of submerged land located outside of the
700-foot strip in the Trustees' deed.
Upon further investigation it was determined that no submerged
lands were involved in the transactions between the State Road
Department and Mr. Hoffman which involved land lying outside of
the 700-foot strip. In view of that development, the Staff recom-
mended that the Trustees issue an instrument to be prepared by the
office of the Attorney General which would have the effect of
clearing up title questions concerning the property described in
the original deed from the Trustees to the State Road Department.
The instrument would have the effect of an after-the-fact confir-
mation and ratification of the action taken by the State Road
Department without the benefit of this approval and ratification
as required in the original deed from the Trustees to the State
Road Department.
Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees authorize preparation of an
appropriate instrument by the Attorney General having the effect
of an after-the-fact confirmation and ratification of the action
taken by the State Road Department, and thereby clearing up title
questions concerning the property conveyed by the Trustees to the
State Road Department.
5-16-67
- 215 -
DADE COUNTY - The Public Vforks Department of Dade County applied
for 24,000 cubic yards of fill material to be dredged from the
Atlantic Ocean in a borrow area 250 feet by 450 feet about 1000
feet offshore from Key Biscayne in Section 4, Township 55 South,
Range 42 East, Dade County. The material was to be used to provide
embankment material for the Cape Florida State Park access road.
The Trustees deferred action on May 9 for investigation of effects
of the proposed dredging on conservation values. State Board of
Conservation biologist reported no objection, since the dredging
proposed would not be from the heavily vegetated bottoms of
Biscayne Bay.
Motion v;as made by Mr. Faircloth, seconded by Mr. vVilliams and
adopted unanimously, that the Trustees grant permission to the
county to take the amount of material requested for use on the
access road without charge.
SUBJECTS UNDER CHAPTER 182 96
Motion was made by Mr. V^illiams, seconded by Mr. Dickinson, and
adopted unanimously, that the Trustees approve Report No. 909 list-
ing County of Polk Deed No. 558-Duplicate to Peter Dunlap to be
issued in lieu of a deed to the same grantee bearing date of May
28, 1941, the original deed now reported to be lost prior to
recording in the public records.
INDIAN RIVER COUNTY - Frank M. Appleby, attorney, on behalf of
D. Victor Knight and Lloyd S. Knight, as Co-E:-:ecutor s of the Last
Will and Testament of John M. Knight, requested waiver of the usual
regulations as to size limitation for release of the oil, mineral
and fissionable material rights which were reserved in Indian
River County Murphy Act Deed No. 381 dated April 19, 1944, and
Deed No. 919 dated April 15, 1952, for a ten-acre parcel of land
in Tract 11, Section 3, Township 33 South, Range 38 East, Indian
River County. The land was to be used for a motel, office,
restaurant and parking area. Under the statutory provisions, the
whole area might not be considered a building site, but the Staff
felt that for a consideration of $200.00 the State of Florida would
be compensated for the reservation.
Motion was made by Mr. Dickinson, seconded by Mr. F
adopted unanimously, that the Trustees authorize re
oil, mineral and fissionable material rights upon re
payment in the amount of $200.00.
On motion duly adopted, the meeting wa
ATTEST: C ^^Q^f^^fs/^ (^. U^^^^iU-^
DIRECTOR - SECRETARY
5-16-67
- 216 -
Tallahassee, Florida
May 23, 1967
The Trustees of the Internal Improvement Fund met on this date
in the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr. Governor
Fred 0. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
On motion duly adopted, the Trustees approved minutes of the
meeting held on May 16, 1967.
VOLUSIA COUNTY - File No. 1958-64-253.12. On April 11, 1967, the
Trustees considered the application made by E. W. Gautier on behalf
of Holiday Harbors, Inc., the abutting upland owner, to purchase
a parcel of submerged land abutting the easterly shore of the
Halifax River lying southerly and adjacent to Port Orange Bridge
right of way line landward of the established bulkhead line in
Section 2, Township 16 South, Range 33 East, containing 0.113
acre, more or less, in the City of Port Orange in Volusia County,
Florida. Notice of sale was published in the Daytona Beach News-
Journal, proof of publication filed and no objection received.
Motion was made by Mr. Conner, seconded by Mr. Williams and
unanimously adopted, that the Trustees confirm sale of the adver-
tised parcel to the riparian owner at the appraised price of
$300.00 per acre, or, in this case, the $100.00 minimum price.
BREVARD COUNTY - The State Road Department made application for
an easement covering a temporary dredging area of submerged land
in the Indian River in Section 34, Township 24 South, Range 36 East,
Brevard County. The 9.23 acre parcel was required for the construc-
tion of a bridge approach on State Road No. 520, designated as
Section 70100-2509. The Board of Conservation and other state
agencies checked the area and waived objections to the dredging.
Motion was made by Mr. Williams, seconded by Mr. Conner and adopted
unanimously, that the Trustees grant to the State Road Department
temporary easement to terminate May 1, 1971, over the above
described parcel.
MONROE COUNTY - The State Road Department made application for
dedication of a parcel of submerged land in Newport Bay in Section
22, Township 61 South, Range 39 East, Key Largo in Monroe County,
containing 0.55 acre, more or less, required for road right of way
purposes and designated as Section 90505-2611.
Motion was made by Mr. Conner, seconded by Mr. Williams and adopted
unanimously, that the Trustees dedicate the parcel to the State
Road Department for road right of way purposes.
5-23-67
- 217 -
CLAY COUNTY - File No. 1961-10-253.124. On motion made by Mr.
Williams, seconded and adopted unanimously, the Trustees formally
approved the fill permit issued by the Town Commission of the Town
of Orange Park in special meeting on May 17, 1967, to C . J. Massee
under the provisions of Section 253.124 Florida Statutes, to fill
the 2.49 acres of submerged land in the St. Johns River in Township
4 South, Range 26 East, Clay County, conveyed by the Trustees under
the referenced file number.
DADE COUNTY - Staff recommended approval of a request that the
Trustees grant a 1-year moratorium within which to commence payment
of the balance due on Contract No. 23846(518-13) with George Stamos
and Evelyn J. Stamos, his wife, covering purchase of a parcel of
submerged land. The purchaser had made payments in an amount equal
to 60% of the purchase price but Mr. Stamos was deceased, and the
request made by his widow was based upon the need for settlement
of the estate and liquidation of certain assets to enable the estate
to resume payments on the contract.
Mr. Conner asked if interest would be paid and the Director said
that the contract called for interest on the unpaid balance.
Motion was made by Mr. Conner, seconded by Mr. Williams and adopted
unanimously, that the request for a 1-year moratorium on payment
be granted conditioned upon compliance with all provisions of the
contract.
INDIAN RIVER COUNTY - W. R. Price made application for a state
permit for construction of a commercial marginal wharf in the Indian
River at applicant's property described as Lots 22 and 23, Block 1,
Veromar, in Vero Beach, Florida. All required exhibits, including
$100.00 processing fee, were submitted. The Staff recommended
approval.
On motion by Mr. Williams, seconded by Mr. Dickinson and adopted
unanimously, the Trustees authorized issuance of a state permit to
Mr. Price.
MANATEE COUNTY - File No. 1804-41-253.124. On motion made by Mr.
Conner, seconded by Mr. Williams, and adopted unanimously, the
Trustees formally approved the fill permit issued by the City
Council of the City of Palmetto in regular meeting on April 4, 1967,
to Fred Claussen under the provisions of Section 253.124 Florida
Statutes, to fill the 2.64 acre parcel of submerged land in the
Manatee River in Section 23, Township 34 South, Range 17 East,
Manatee County, which was conveyed by the Trustees under the
referenced file number.
MARTIN COUNTY - File No. 1524-43-253.124. On motion by Mr. V-7illiams,
seconded by Mr. Conner and adopted unanimously, the Trustees
formally approved the fill permit issued by the City Commission
of the City of Stuart, Florida, in regular meeting on May 8, 1967,
to Outboard Marine Corp., under the provisions of Section 253.124
Florida Statutes, to fill the 4.70 acres of submerged land in the
St. Lucie River in Section 32, Township 37 South, Range 41 East,
Martin County, which was conveyed by the Trustees under the
referenced file number.
5-23-67
- 218 -
MONROE COUNTY - Application was made for assignment of Purchase
Contract No. 23435(1141-44) from Hugh J. McManigal to James R. Lowry.
Copy of assignment and acceptance vers filed in the Land Office.
Staff recommended approval conditioned on Mr. McManigal, the original
purchaser of the 16.4 acres at Wilson Key, Monroe County, assigning
to Mr. Lowry his interest in the right of way and access easement
granted by the Trustees in Dedication No. 23446(1141-44) dated
August 26, 1963.
Motion was made by Mr. Williams, seconded by Mr. Conner and adopted
unanimously, that the Trustees approve assignment of the purchase
contract to Mr. Lowry on the condition recommended by the Staff
with reference to the access road dedication.
MONROE COUNTY - File No. 1236-44-253.12. Staff requested authority
to issue refund of the $50.00 application fee submitted by J. Bruce
Vining under date of November 7, 1962, with the above referenced
application to purchase certain submerged land in the Bay of Florida
at Little Money Key in Monroe County. The application, uncompleted,
was declared inactive by the Staff.
On motion by Mr. Williams, seconded by Mr. Conner and adopted
unanimously, the Trustees authorized refund of the $50.00 applica-
tion fee.
MONROE COUNTY - File No. 1373-44-253.12. Staff requested authority
to issue refund of the $50.00 application fee submitted under date
of July 31, 1963, by Maria deSilva Shuman with the above referenced
application to purchase certain submerged land in the Straits of
Florida at Key Largo in Monroe County. The uncompleted application
was declared inactive by the Staff.
On motion by Mr. Dickinson, seconded by Mr. Conner and adopted
unanimously, the Trustees authorised refund of the $50.00
application fee.
SARASOTA COUNTY - Arvida Corporation made application to purchase
an additional 126,000 cubic yards of fill material under State
Permit No. 1974 which v/as originally approved on January 7, 1964,
to allow removal of 125,000 cubic yards of material, was amended
on July 21, 1964, for an additional 17,200 cubic yards, and again
on June 21, 1966, for an additional 77,000 cubic yards. The current
application provided for dredging to remove and dispose of an old
abandoned concrete bridge structure, and to provide a minimum of
10 feet of water above the submerged material at mean low tide.
As in the original application and amendments, the work involved
navigation improvement in New Pass in Section 22, Township 36 South,
Range 17 East, Sarasota County. The Board of Conservation waived
objection.
Motion was made by Mr. Williams, seconded and adopted unanimously,
that the Trustees authorize sale of the additional fill material
for $1,260.00.
INDIAN AFFAIRS - Mr. v;illiam R. Kidd, a former director for the
Trustees of the Internal Improvement Fund who resigned effective
November 1, 1964, also acted as Commissioner of Indian Affairs
during the time he served on Governor Bryant's staff and as
Director for the Trustees. On the recommendation of Governor
5-23-67
- 219 -
Bryant, the Trustees authorized the Director to retain Mr. Kidd
as a consultant for the Trustees concerning Indian affairs.
The Staff received a communication from Mr. Kidd dated May 12,
1967, tendering his resignation as a consultant with respect to
Indian affairs and giving assurance of his continued interest in
the affairs of our Florida Indians and an expression of willingness
to assist in every way possible in matters relating to th? Indians.
Staff recommended acceptance of the resignation with an expression
of appreciation for the services rendered. The Director said that
it was his information that the relationship between the Stats of
Florida and the Seminole Indian citizens had been highly satisfac-
tory through the years. He said he would try to secure for the
Governor a report on the Seminole Indian population at the present
time .
Upon motion duly adopted, the Trustees accepted the resignation
of Mr. Kidd.
On motion duly adopted, the meetinj v/as
ATTEST
r ^^^.^c^/ .
DIRECTOR
SECRETARY
Tallahassee, Florida
May 30, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr.
Fred O. Dickinson, Jr ,
Broward Williams
Earl Faircloth
Doyle Conner
Governor
Comptroller
Treasurer
Attorney General
Commissioner of Agriculture
Robert C. Parker
Director
On motion by Mr. Conner, seconded by Mr. Williams and duly adopted,
the Trustees approved the minutes of May 23, 1967.
GLADES COUNTY - D. C. Mitchell made application for five-year
extension of his Grazing Lease No. 1726 which expired on February
12, 1967. The lease covered a 40-acre parcel of reclaimed Lake
Okeechobee bottom land in Section 12, Township 42 South, Range 32
East, in Glades County near Moore Haven, Florida. The land had
5-30-67
- 220 -
been leased for $1.00 per acre annually.
Staff Appraiser appraised the land and recommended renewal of the
lease at $3.00 per acre annually consistent with comparable land
in the area under lease for similar purposes. Staff recommended
renewal for five years at the increased rental with provision
for cancellation after 30-day written notice.
Motion was made by Mr. Conner, seconded by Mr. Williams, and
adopted unanimously, that the Trustees approve renewal of the
grazing lease for five years at $3.00 per acre annually, with
provision for cancellation by the Trustees after 30-day written
notice .
MONROE COUNTY - The State Road Department made application for
temporary dredging easement over a parcel of submerged land in
Hawk Channel in Sections 12 and 13, Township 57 South, Range 27
East, Sugarloaf Key in Monroe County, necessary for the construc-
tion of a bridge approach on State Road Section No. 90540-2610.
The Board of Conservation spproved the application.
Motion was made by Mr. Conner, seconded by Mr. Williams and adopted
unanimously, that the Trustees grant temporary easement to the
State Road Department to terminate April 1, 1971.
MONROE COUNTY - The State Road Department made application for
dedication, for road right of way purposes, of a parcel of submerged
land in Section 19, Township 65 South, Range 29 East, between
Middle Torch and Big Torch Keys, Monroe County, which was necessary
for construction of a state road designated as Section No. 90520-
2503. The Board of Conservation recommended approval of the
application.
Motion was made by I>lr . Faircloth, seconded by Mr. Dickinson, and
adopted unanimously, that the Trustees grant the request of the
State Road Department for dedication of the parcel of submerged
land for road right of way purposes.
PALM BEACH COUNTY - File Nos . 503 and 1745-50-253.124. On motion
made by Mr. Faircloth, seconded by Mr. Conner and adopted unani-
mously, the Trustees formally approved the fill permit issued by
the City of Lake Worth on May 8, 1957, to Earl deCoursey under the
provisions of Section 253.124 Florida Statutes, to fill a portion
of the parcels of submerged land in Lake Worth in Section 34,
Township 44 South, Range 43 East, Palm Beach County, previously
conveyed by the Trustees under the referenced file numbers.
DADE COUNTY - The City of Miami made application for a permit to
construct an artificial fishing reef in Biscayne Bay in a former
borrow area north of the Julia Tuttle Causeway in Section 19,
Township 53 South, Range 42 East, Dade County. The reef would be
a joint effort with the United States Bureau of Sport Fisheries
and Wildlife, and would be constructed of abandoned automobiles.
The Florida Board of Conservation recommended issuance of the
permit for the project which they anticipate will provide needed
research on artificial reefs in bay waters. The city tendered
payment in the amount of $50.00, the usual processing fee. The
Staff recommended approval.
5-30-67
- 221 -
Motion was made by Mr. Faircloth, seconded by Mr. Conner and
adopted unanimously, that the Trustees authorize issuance of the
artificial fishing reef permit to the City of Miami.
MARTIN COUNTY - Outboard Marine Corporation made application to
remove 9,240 cubic yards of fill material from the St. Lucie River
to improve applicant's upland property at Stuart, Florida, in
Section 32, Township 37 South, Range 41 East, Martin County, for
which the Trustees granted approval to fill in File No. 1524-43-
253.124 on May 23, 1967. The Board of Conservation checked the
fill and dredge areas and had no objections to the application.
Payment in the amount of $462.00 for the material was received and
the Staff recommended approval.
Motion was made by Mr. Conner, seconded by Mr. Faircloth and adopted
unanimously, that the Trustees approve issuance of the permit to
remove the above stated amount of fill material.
MONROE COUNTY - The Blue Water Trailer Village, Inc., made appli-
cation to extend an existing navigation channel for an additional
700 feet into Hawk Channel at Key Largo in Section 26, Township 62
South, Range 38 East, Monroe County. Whereas the Trustees' policy
permits navigation channels without charge up to 50 feet v/ide and
5 feet deep for a length necessary to reach navigable water, and
the applicant proposed a channel 70 feet wide and 5 feet deep, the
Staff advised the applicant that a charge would be made for the
material obtained from the overcut. Payment in the amount of
$129.65, at 5C per cubic yard, was tendered. Staff recommended
approval .
Motion was made by Mr. Conner, seconded by Mr. Faircloth and adopted
unanimously, that the Trustees authorize issuance of permit for the
navigation channel and accept payment for the material obtained
from the cut in excess of the usual width.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr. Faircloth, seconded by Mr. Conner and adopted
without objection, the Trustees approved Report No. 910 listing
1 regular bid for sale of land in Walton County under the provisions
of Chapter 18296, the Murphy Act; also. County of Dade Deed No. 3005-
EDDJ-Corrective to Flora Jane Hossfeld, to be issued in lieu of the
original deed dated February 12, 1945, to George V. Hossfeld who
was deceased on the date of the deed.
COLUMBIA COUNTY - W. J. Buckley, et ux, made application for con-
veyance under Chapter 28317, Acts of 1953, of a parcel of land
certified to the State of Florida under tax sale certificates Part
869 of 1932 and Part 523 of 1934, described as North 2 chains of
nH of NE^ of Section 29, Township 5 South, Range 17 East, Columbia
County, 8 acres. The applicants claimed title by warranty deed
from the former owner on June 9, 1939, and offered $200.00 for the
land. The application appeared to qualify under the provisions of
the Hardship Act and the Staff recommended approval.
Motion was made by Mr. Faircloth, seconded by Mr. Conner and adopted
unanimously, that the Trustees authorize conveyance of the parcel
5-30-67
- 222 -
to the applicants under provisions of Chapter 28317, for the
amount offered.
REFUND - Motion was made by Mr. Conner, seconded by Mr. Faircloth
and adopted unanimously, that refund in the amount of $2.00 be made
to Bruce E. Clary for the reason that he overpaid in that amount
for an application requesting release of the oi!
vation contained in Volusia County Murphy Act Dee
amount v/as deposited, and record of the refund
for auditing purposes.
On motion duly adopted, the meetin
TTEST: ( ^^^^2y^<^ U^lg^^
DIRECTOR - SECRETARY
* * *
* * *
* * *
Tallahassee, Florida
June 6, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr.
Fred O. Dickinson, Jr
Broward Williams
Earl Faircloth
Governor
Comptroller
Treasurer
Attorney General
Robert C. Parker
Director
On motion duly adopted, the Trustees approved the minutes of the
meeting held on May 30, 1957.
SEMINOLE INDIANS - Pursuant to the request of Governor Kirk on
May 23, for a report on the present population of Florida Seminole
Indians, the Director said he had received information .that accord-
in.] to the latest census there were 944 Indians in the Seminole
Tribe, 195 in the Miccosukee Tribe, and about 175 Indians independent
from either tribal groups - all Seminole Indians. The Director did
not have any information to show whether there was a decrease since
the previous census. Members of the Board appeared to be surprised
that the total number was only about 1300 Seminole Indians in
Florida.
6-6-67
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DADE COUNTY - Merrill-Stevens Dry Dock Company made application for
a state permit to construct a commercial dock facility in Biscayne
Bay at Tracts 1, 2 and 3 of Tract "A" at Dinner Key, Plat Book 34,
Page 2, in Miami, Florida. All required exhibits were furnished,
including $100.00 processing fee. Staff recommended approval.
On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted
unanimously, the Trustees authorized issuance of permit.
DADE COUNTY - Humble Oil and Refining Company requested permission
to conduct a seismic survey across the West one-half of Section 20,
Township 53 South, Range 39 East, and Lot 6 of Township 53/54 South,
Range 39 East, in Dade County. The survey would consist of drilling
a pattern of holes 10 feet deep by 4 inches in diameter and shooting
one-half pound of dynamite in each hole and recording the vibrations,
All holes would be promptly refilled and tamped following each shot.
Subject lands are not within a designated water conservation area.
Dade County gave its approval for the operation across Lot 5,
which was leased to the county in connection with the Trail Glades
Rifle Range. The State Geologist, Dr. Robert Vernon, reviewed and
approved the application. The Staff recommended issuance of 90-day
permit.
Motion was made by Mr. Faircloth, seconded by Mr. Williams and
adopted unanimously, that the Trustees grant a 90-day permit to
Humble Oil and Refining Company to conduct its seismic survey as
outlined above.
SHELL LEASES - The Trustees accepted as information the following
report of remittances received by the Florida Board of Conservation
from holders of shell leases:
Lease No. Name of Company Amount
1718 Radcliff Materials, Inc. $10,311.05
1788 Benton and Company, Inc. 5,000.00
2233 Bay Dredging & Construction Co. 4,958.65
and 3.69
2235 Ft. Myers Shell & Dredging Co. 402.23
POLK COUNTY - J. P. James made application for a permit to dredge
a sump area 25 feet by 25 feet by 12 feet in Lake Moody in Township
31 South, Range 28 East, Polk County, to be used to irrigate his
citrus grove. The Game and Fresh Water Fish Commission offers no
objection. The required exhibits and fee of $25.00 were submitted.
Staff recommended approval.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the permit be authorized.
VOLUSIA COUNTY - The State Road Department made application for
dedication of 32.15 acres of submerged bottom land in Sections 2,
10,11 and 15 in Township 19 South, Range 30 East, Volusia County,
lakeward of the mean high water line of Lake Monroe lying outside
the right of way of State Road 400 (Interstate 4) . The dedication
was requested for the purpose of roadside beautif ication in connec-
tion with the national highway beautif ication program. The abutting
upland owner. Empire Cattle Company, had conveyed the affected
6-6-67
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upland to the State Road Department. staff recommended dedication
for the project identified as Section No. 79110-2414, Parcel No
101-1.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
unanimously, the Trustees granted the request of the State Road
Department for dedication of the submerged land for beautification.
SUBJECTS UNDER CHAPTER 18296
REFUNDS - Staff recommended that refund be approved in the amount
of $10.00 to each of the following two applicants for release of
the state road right of way reservations contained in deeds under
Chapter 18296, the Murphy Act, for the reason that the State Road
Department did not recommend release of the reservations in the
deeds:
Joseph A. Boyd, Jr., Dade County Deed No. 183 5,
and
Ruth Morat, Dade County Deed No. 2342.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
without objection, the Trustees authorized refund of $10.00 to
each applicant.
On motion duly adopted, the meeting
ATTEST: " ^^-^^I^g^^/^ /^ /^^S^C^^^
DIRECTOR - SECRETARY
Tallahassee, Florida
June 13, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the Office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr.
Fred O. Dickinson, Jr.
Earl Faircloth
Doyle Conner
Governor
Comptroller
Attorney General
Commissioner of Agriculture
Robert C. Parker
Director
DUVAL COUNTY - Presented for further consideration on this date,
with recommendation for confirmation of sale, were the following
applications to purchase submerged land in the St. Johns River
landward of an established bulkhead line in Duval County.
6-13-67
225 -
File No. 1617-16-253.12. Lonnie Wurn on behalf of The Leitman
Company, abutting upland owner, offered the appraised price of
$250.00 per acre for a parcel of submerged land in Section 29, Town-
ship 1 South, Range 27 East, containing 9.58 acres. On May 11, 1965,
the Trustees had deferred action at the request of the applicant
when objections were raised to sale of the land.
File No. 1923-16-253.12. A. M. Crabtree, Jr., on behalf of John T.
V7ood, abutting upland owner, offered the appraised price of $250.00
per acre for 30.0 acres of submerged land abutting uplands in Sections
29 and 53, Township 1 South, Range 27 East. On November 15, 1966,
the Trustees authorized advertisement for objections only. The Board
approved an application for a disclaimer under provisions of Section
253.129 Florida Statutes, for handling charge of $10.00, for a
tract of sovereignty land containing 22.0 acres which was filled
prior to May 29, 1951, landward of the 30 acres sought for purchase.
On December 27, 1966, the Trustees considered the two above sales
and the objections from adjacent o\\mers, George Ferber and George
Fish. An objection from Howard Field was withdrawn and he indicated
that he would apply to purchase the submerged land adjacent to his
upland holdings. In recognition of the objections, the Trustees
deferred action on that date, to allow the objectors to appeal to
the Board of County Commissioners for readjustment of the bulkhead
line. By letter of March 22 Mr. Martin Sack, Jr., attorney for llr .
Ferber, advised the Staff that the county declined to consider
readjustment of the bulkhead line in this area, and he reiterated
the objections to sale of the two parcels.
On this date, the Trustees' Staff recommended that the objections
be overruled and the sales confirmed. Applicants and objectors
were present and expected to be heard.
Governor Kirk and Attorney General Faircloth said that there should
be a conservation report on the areas applied for, and Mr. Faircloth
also suggested reviev/ of the appraised price for the lands. But
since there were parties present who wished to be heard, they were
granted that privilege.
Mr. f\urn, for The Leitman Company application, said he did not
believe there was any conservation aspect in the area, that about
95% of the people along the length of the buljchead line which v/as
established by the county in 1961 had accepted it, that the Trustees
approved the bulkhead line and had approved sales to six other
applicants pursuant to about one-third of this bulkhead line, that
the U. S. Army Corps of Engineers, the County Engineer, the County
Commission and the Jacksonville Outboard Club approved the bulkhead
line. He said that about 70% of the submerged area within the bulk-
head line was already purchased or was in the process of having
application made to purchase, and that the objections were from
owners of only about 1% of the entire length of the bulkhead line
established in 1961. He filed a letter from the Clerk of the Duval
County Commission stating that the Commission on unanimous motion
reaffirmed its approval of the bulkhead line.
Mr. Crabtree, on behalf of the John T. Wood application, said that
owners of parcels to the south and southwest had already acquired
submerged land and filled it, that his client's application was
made in order to extend ownership to match "-he adjoining owner,
that there was no conservation problem present in the area. He
said that at the December meeting the Trustees approved the applica-
tion, which had been advertised and no objections made, only to
rescind approval upon consideration of the application of The
Leitman Company for land in the area, to v/hich objection was made.
6-13-67
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Mr. Crabtree also requested issuance of the disclaimer under
provisions of Section 253.129 which was approved by the Trustees
on November 15, 1966. The Director said that issuance of the
disclaimer was in order.
Mr. Martin Sack, representing George Ferber, and with authority
to speak also for George Fish, said there was a distinction between
establishment of a bulkhead line and the sale of land inside a
bulkhead line, that the establishment of a bulkhead line did not
mean approval of sales automatically. The county did not change
the bulkhead line, but he pointed out that extension by sale and
filling over 700 feet out into the river would cause eddying and
accumulation of debris, adversely affecting adjacent owners until
such owners elected to purchase and fill, also. He did not think
other owners should have to be put to such an expense. Also, he
said the objectors' view and riverfront position would be adversely
affected.
The Director said that when sales vv-ere made v.'ithm a bulkhead line,
naturally development by filling a submerged parcel created a saw-'
tooth each time, until the wnole area was developed.
Summarij'.ing the discussion, the Governor said it appeared that if
the conservation report and valuation were in order, the Board
would be inclined to approve the applications.
Motion was made by Mr. Faircloth, seconded and adopted unanimously,
that the sales be deferred until consideration at a later date of
a report from the Board of Conservation and a review by the Staff
of the apj raised value of the land in the two applications.
Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees authorize issuance of the
disclaimer to John T. Wood for $10.00 charge.
PINELLAS COUNTY - Bulkhead Line. On February 28, 1967, the Trustees
deferred action on the bulkhead line for the Town of South Pasadena
pending receipt of further information from the applicant. Mr.
Emerson Parker furnished a plan of development, topographic survey
showing elevations and water depths, and a copy of a resolution
adopted June 9, 1966, by the Town o. South Pasadena in which the
Town Council indicated approval of the proposed project. The sub-
merged lands in Boca Ciega Bay in this area were sold in 1925,
1940 and 1941, and the applicant acquired his upland and submerged
land in September 1966.
On March 9, 1967, the Town Council of the Town of South Pasadena
authorized their attorney to advise the Trustees that the Town
Council, changing its recommendation with respect to the location
of the bulkhead line, now recommended a line generally along the
line of mean high water which coincided with the new recommenda-
tion or the County Engineer. Pinellas County Water and Navigation
Control Authority maintained its position as to location of the
bulfchead line as set on October 4, 1966.
As to one segment of the bulkhead line, the northernmost part
across a cove where the upland and submerged land was in private
ownership and development was proposed, there were objections on
conservation grounds and the Trustees had heard from objectors at
the meeting on February 28 . The Board of Conservation had
reported that the submerged area contained attached seagrasses
and that the bulkhead line preferably should have been set near
227 -
the mean high water line.
Speaking on behalf of the bulkhead line approval on this date
were Mr. C. Ray Smith, attorney for the applicant, Mr. Emerson
Parker, president of the corporation that owned part of the upland
adjacent to the bulkhead line (Castle of Kings, Inc.). Mr. Smith
exhibited an aerial picture taken two days earlier, which showed
improvements and filling completed on the applicant's upland. He
called attention to the reports and information already in the
Trustees' records and said that Mr. Parker would dedicate for the
use of the public all water areas within the bulkhead line and
seaward of the bulkhead line.
Mr. Emerson Parker told of his purchase of the land, development
and financial plans which qualified his application . for considera-
tion as a hardship case, said that according to the engineering
report of Col. Herbert C. Gee his plan would add 1.15 acres of
tidal prism water, and emphasized that the method to be used for
dredging and filling would prevent silt flowing back into the bay.
Mr. Paul C. Yingst, for himself and for Causeway Island Estates
Civic Association, reiterated objections made on February 28 to
destruction by filling of a large area, disturbing the bay and
creating pockets by construction of finger-fills. He said dredging
to excessive depths had been done, that there was now water access
to the upland, and urged that the bulkhead line be located at the
high water line.
Mrs. Dorothy Sample strongly opposed the bulkhead line including
the vegetated cove, called attention to the objections by the Board
of Conservation, the Federal Fish and Wildlife Bureau, and said
there was a threat of pollution of the water and relocation of a
sewer disposal plant and a storm drain in the area. She said the
picture was different from statements made by the developer, that
there was boating, swimming and fishing in the cove area.
Representative A. S. "Jim" Robinson of St. Petersburg objected
because he thought Boca Cieqa Bay had been damaged too much by
dredging, finger-fills, siltation of the waters and restriction of
the tidal flow which had gone on for the past forty years. A map
of Boca Ciega Bay showed the objectionable features he spoke of,
and showed the bulkhead line under consideration to be a straight-
ening up of the shoreline which he said he did not objecto to so
much as he objected to the stirring up of the bay bottoms and
adding silt to the waters.
After hearing from all the interested parties and asking a number
of questions, particularly about the method of dredging and filling
to eliminate siltation of the waters of the bay, the Trustees
indicated that they could understand the objections but that the
bulkhead line, which was the only thing under consideration on this
date, was not unacceptable in view of the circumstances.
Mr. Faircloth said that in view of the reports the Trustees had heard
and considered - and conceivably there were arguments on both sides -
he would move to approve the bulkhead line as recommended by the
Staff on the grounds that it appeared that the applicant had moved
forward in reliance on the policy of the Board, before there was any
moratorium discussed or put into effect, and in the absence of
overwhelming evidence to the contrary Mr. Faircloth thought approval
was in order.
Mr. Dickinson seconded the motion, and unanimously the Trustees
formally approved the bulkhead line in the Town of South Pasadena
6-13-67
- 228 -
as established by Pinellas County Water and Navigation Control
Authority on October 4, 1966, and re-affirmed on January 10, 1967,
BREVARD COUNTY - The First National Bank of Merritt Island made
application to construct a navigation channel in Newfound Harbor in
Section 7, Township 25 South, Range 37 East, Brevard County. Under
Trustees policy, navigation channels were permitted without charge
up to 50 feet wide and 5 feet deep, for a length necessary to reach
navigable water, but in this case the applicant's proposed channel
was 8 feet deep. The applicant tendered payment in the amount of
$450.00, at five cents per cubic yard, for the material obtained
from the overcut which would be placed on his upland property.
Staff recommended approval.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted unanimously, that permit be issued as recommended by the
Staff.
BREVARD COUNTY - File No. 1536-05-253.12. Under date of December
15, 1965, the Trustees authorized issuance of Purchase Contract
24146 for 16.59 acres, and Contract 24147 for 47.22 acres, both
included in the referenced file number and accepted by the purchaser.
Banana River Properties, Inc . Subsequently, the contract purchaser
had the two areas resurveyed using very accurate methods, and
submitted more accurate and precise legal descriptions preparatory
to requesting deeds to be issued. The new survey descriptions
showed an increase in area of the parcel in Contract 24146 from
16.59 to 16.82 acres; and the tract in Contract 24147 was increased
from 47.22 to 53.40 acres. The increased acreages were included in
the original overall descriptions advertised pursuant to Section
253.12 Florida Statutes.
The applicant submitted a sufficient amount to cover the recalculated
acreages at the purchase price of $436.80 per acre, to complete the
purchase under the two contracts and obtain deeds.
Upon motion adopted without objection, the Trustees accepted the
report for the record.
BREVARD COUNTY - Mr. Richard H. Miller, attorney for and on behalf
of Crane Creek Drainage District of Brevard County, submitted
request that the Trustees, as the Board of Drainage Commissioners
of the State of Florida under provisions of Section 298.12 Florida
Statutes, appoint Mr. Friley B. Knight to serve a tnree-year term
as Supervisor of said District effective July 2, 1967, the date on
which the term of Supervisor Kelley E. George will expire.
A meeting of the landowners of the District, duly advertised and
held on May 12, 1967, resulted in a lack of sufficient representa-
tion or a majority of the acreage in the District and no legal
election could be had. Those present instructed Mr. Miller to
request the Trustees to appoint Mr. Knight.
Motion was made by Mr. Dickinson, seconded by Mr. Conner and adopted
unanimously, that the Trustees, in their official capacity as the
Board of Drainage Commissioners of the State of Florida, appoint
Friley B. Knight as Supervisor of Crane Creek Drainage District for
three years, effective July 2, 1967.
6-13-67
- 229 -
BROWARD COUNTY - File No. 2001-06-253.129. Motion was made by Mr.
Dickinson, seconded by Mr. Faircloth and adopted unanimously, that
the Trustees authorize issuance of disclaimer under the provisions
of Section 253.129 Florida Statutes, to Roland K. Molinet, et ux,
for handling charge of $10.00, covering the 0.05 acre parcel of
sovereignty land in Lake Mabel in Section 12, Township 50 South,
Range 42 East, Broward County, which was filled prior to May 29,
1951.
DADE COUNTY - The Humble Oil and Refining Company requested permis-
sion to conduct a seismic survey across land in Section 6, Township
59 South, Range 38 East, Dade County, not within a designated
water conservation area. The land was leased to Aerojet General
Corporation which approved the survey. The operation would consist
of drilling a pattern of holes ten feet deep by four inches in
diameter, shooting a one-half pound charge of dynamite in each
hole and recording the vibrations, and all holes would be promptly
refilled and tamped following each shot. The Staff recommended
90-day permit be granted.
On motion by Mr. Conner, seconded by Mr. Dickinson, and adopted
unanimously, the Trustees granted 90-day permit to Humble Oil and
Refining Company to conduct the seismic survey.
REFUNDS - On motion made by Mr. Dickinson, seconded by Mr. Conner
and adopted unanimously, the Trustees authorized issuance of refunds
of the $50.00 application fees submitted with the four applications
listed below for purchase of submerged land. No further action
having been taken to complete the requirements, the four applica-
tions were declared inactive.
(1) BREVARD COUNTY - File 1472-05-253.12. Application sub-
mitted February 20, 1964, by the Estate of Carmen Valicenti
to purchase certain submerged land in the Indian River in
the City of Titusville, Florida.
(2) DADE COUNTY - File No. 1168-13-253.12. Application
submitted June 27, 1962, by Miami Lodge, Number 948, of the
Benevolent and Protective Order of Elks, to purchase certain
submerged land in Biscayne Bay in the City of Miami.
(3) DADE COUNTY - File 1468-13-253.12. Application dated
February 11, 1964, by Maurice H. Connell & Assoc, Inc., for
the upland owner, Fisher Island, Inc., to purchase certain
submerged land in the Atlantic Ocean at Fisher Island.
(4) DADE COUNTY - File 1224-13-253.12. Application dated Octo-
ber 11, 1962, submitted by Brockway, Weber & Brockway Engineers,
Inc., now incorporated under the name of Brockway, Owen &
Anderson, Inc., for the upland owner, Alfred DeMaris, et al,
to purchase certain submerged land in the abandoned right of
way of the Florida East Coast Canal.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted
without objection, the Trustees approved Report No. 911 listing
one regular bid for sale of land in Putnam County under provisions
6-13-67
- 230 -
of Chapter 18296, Acts of 1937, the Murphy Act.
MARION COUNTY - Primas Rutledge III made application for conveyance
under Chapter 28317, Acts of 1953, of a parcel of land certified
to the State of Florida under tax sale certificate No. 60 of June
2, 1919, described as the NW% of SE^ of NW^ of Section 29, Township
12 South, Range 21 East, Marion County. The applicant, who is the
grandson of the former owner on June 9, 1939, offers $150.00 for
the parcel. The application appears to qualify under the provisions
of Chapter 28317, commonly called the Hardship Act. Staff recom-
mended approval.
Motion was made by Mr. Conner, seconded by Mr. Dickinson and adopted
unanimously, that the Trustees approve the application and authorize
conveyance of the parcel for the price offered under Chapter 28317.
WAKULLA COUNTY - G. C. Whaley made application for conveyance of a
tract of land certified to the State of Florida under provisions of
Chapter 18296, Acts of 1937, by tax sale certificate No. 191 of
December 5, 1932, described as Undivided 2/3 interest in 120 acres
lyinj across south side of Lot 95 H. S. The applicant was one of
the heirs of the former owner on June 9, 1939. He offered $800.00
for conveyance under Chapter 28317, Acts of 1953, commonly called
the Hardship Act. The application appeared to qualify under provi-
sions of that chapter.
Motion was made by Mr. Dickinson, seconded by Mr. Conner and adopted
unanimously, that the Trustees approve the application and authorize
conveyance of the land for the price offered under Chapter 28317.
On motion duly adopted, the meeting was
ATTEST:
DIRECTOR - SECRETARY
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June 13, 1967
- 231 -
Tallahassee, Florida
June 20, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr. Governor
Fred O. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Earl Faircloth Attorney General
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
On motion by Mr. Dickinson, duly adopted, the Trustees approved the
minutes of the meeting of June 13, 1967.
PINELLAS COUNTY - Bulkhead Line. Representative A. S . " Jim"Robinson
of St. Petersburg was present and asked that the Trustees give
further consideration to a matter heard last week, the bulkhead line
for the Town of ^outh Pasadena which was formally approved after
hearing from a number of proponents and opponents, including Mr.
Robinson. As new and additional information, he discussed the
report of Mr. Kenneth Woodburn, Marine Biologist of the Board of Con-
servation, which recommended that the bulkhead line be set at the
mean high water line. Also, he had information and a letter from
Dr. Harold Ledbetter setting out objections from the Sanitary Depart-
ment of Pinellas County. However, the Director said that both
reports were already in the record at the previous meeting, and no
additional or different information was presented on this date. The
reports had been considered at the local hearing, a transcript of which
was in the file. The Director indicated on the transcript where the
vote of the Pinellas County Commissioners was recorded, and it was
noted that Commissioners Davis and Anderson had voted against the
bulkhead line adopted on June 9, 1966, by the Town of South Pasadena.
Mr. Robinson said that while straightening out the bulkhead line did
not appear bad on the map, the bulkhead line should be set at the
mean high water line to prevent the filling and loss of seagrass
beds in the lO^j acres within the bulKhead line as extended. He had
not heard the reports mentioned and was not aware they were in the
Trustees file, but he thought approval of the proposed bulkhead line
was an incorrect decision by the Board. He said he had not attended
the local hearing. The Director called attention to the number of
times the line had been considered by Pinellas County Water and Navi-
gation Control Authority and by the Trustees, and approved.
In view of the fact that no new information had been presented, the
Trustees took no action and the formal approval of the bulkhead line
was unchanged.
CHARLOTTE COUNTY - File No. 247-08-253.124. On motion by Mr. Dickin-
son, seconded by Mr. Faircloth and adopted unanimously, the Trustees
formally approved the fill permit issued by the City Council of
Punta Gorda, Florida, on May 18, 1967, to Punta Gorda Isles, Inc.,
under provisions of Section 253.124 Florida Statutes, to fill part
of the 31.48 acre parcel of submerged land in Charlotte Harbor in
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Section 11, Township 41 South, Range 22 East, charlotte County,
which was conveyed by the Trustees under the referenced file number,
CHARLOTTE COUNTY - Florida Bridge Company, holder of Trustees Ease-
ment No. 20840 dated December 30, 1954, for right of way across
Gasparilla Sound for a causeway and bridge between Placida and
Gasparilla Island, agreed and consented to the issuance of a
subordinate easement to the Gasparilla Island Water Assoc, Inc.,
a non-profit organization, for construction of a potable water
transmission pipe line on and across said right of way. Staff
recommended issuance of the pipe line easement.
Motion was made by Mr. Conner, seconded by Mr. Dickinson, and adopted
unanimously, that the Trustees authorize issuance of pipe line
easement to the Gasparilla Island Water Assoc, inc.
DADE COUNTY - Southern Bel", made formal request that the Trustees
authorize the Staff to advise Metro-Dade of approval of a variance
application made by the firm to permit erection of a radio relay
tower and facilities, for which the zoning requirements of Dade
County for the area in Sections 17 and 20, Township 54 South, Range
36 East, required such a variance to be approved by Metro. Southern
Bell planned to erect the structure on land owned by the Trustees
situate adjacent to the Tamiami Trail in Dade County.
On motion by Mr. Faircloth, seconded and adopted unanimously, the
Trustees approved the request.
ESCAMBIA AND SANTA ROSA COUNTIES - On May 5, 1964, the Trustees
issued oil and gas drilling lease No. 2003 to M. F. Kirby and Edward
T. Merry covering 48,771 acres of submerged land in Pensacola and
Escambia Bays for a total consideration of $9,854.20. Upon failure
of the lessee to perform certain drilling obligations as required
by the terms of the lease and to pay annual lease rental, said
lease was cancelled by the Trustees on' August 10, 1965. On Septem-
ber 21, 1966, Mr. Edward Merry requested refund of the consideration
paid for the lease on the basis that the Trustees failed to comply
with the requirements of Section 253.61 Florida Statutes, in the
issuance of the lease and that there was a failure of title by
reason of the failure to comply. The Attorney General had reviewed
the matter and advised that the application for refund should, as
a matter of law, be denied.
Attorney J. Lewis Hall, Jr., representing Messrs. Merry and Kirby,
requested that the request for refund be presented to the Trustees
for an orficial determination. He said that after his clients made
the initial payment and had considerable expense they defaulted in
what they considered as a lease, however it appeared that their lease
was never complete without the formal approval by resolution of the
municipality, and that the Trustees did issue refund to another
company of the sum paid for an oil and gas lease when consenting
resolutions of municipalities could not be obtained. He said that
since no consenting resolutions were secured with respect to his
client's lease, it was a nullity and his clients should be entitled
to a refund, also.
The Director said that the Trustees did not get the consenting
resolutions and the matter had been referred to the Attorney General
for review and opinion. The Staff deferred to the opinion of the
Attorney General that the application for refund should be denied,
6-20-67
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and placed the matter on the agenda for determination by the Trustees.
Motion was made by Mr. Faircloth, seconded by Mr. Williams and
adopted unanimously, that the request for refund to M. F. Kirby and
Edward T. Merry be denied.
ESCAMBIA AND SANTA ROSA COUNTIES - On motion made by Mr. Conner,
seconded by Mr. Dickinson and adopted unanimously, the Trustees
granted to the State Road Department a temporary easement for dredging
a tract of submerged land in the Escambia River in Sections 29 and 36,
Township 1 North, Range 30 West, and Section 34, Township 1 North,
Range 29 West, Escambia and Santa Rosa Counties, necessary for construc-
tion of State Road No. 10, Section 58010-2507. The easement would
terminate on June 1, 1971.
HIGHLANDS COUNTY - The City Council of the City of Sebring, Florida,
by resolution adopted June 6, 1957, requested dedication of a parcel
of sovereignty land in Lake Jackson in Section 29, Township 34 South,
Range 29 East, containing 1.79 acres, for recreation. The Florida
Game and Fresh Hater Fish Commission had approved the city's plan to
fill and develop the parcel for beach improvement as an extension to
upland owned by the city.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and adopted
unanimously, that the Trustees grant the request of the City of
Sebring for dedication of the parcel for public recreational purposes.
HIGHLANDS COUNTY - Julian O'Neal requested three-year renewal of
grazing lease No. 779 which expired February 14, 1967, covering thirty-
three (33) acres in Lot 1, Section 21, Township 35 South, Range 30
East, on the north side of Lake Istokpoga in Highlands County. His
renewal request had been delayed due to the interest of Highlands
County in acquiring the tract for public recreation, until the county
could plan the development and the financing.
The Outdoor Recreational Development Committee Staff recommended
renewal of the grazing lease, after their field investigation revealed
that access to the tract was difficult and a large amount of fill
material would be required to make the land usable. The County Commis-
sion advised that funds were not available for a project of that
nature at the present time. Therefore, Staff recommended issuance
of a three-year grazing lease subject to the usual 30-day cancellation
privilege, and with the annual rental increased from $1 to $2 per acre,
On motion by Mr. Conner, seconded by Mr. Dickinson and adopted unani-
mously, the Trustees authorized issuance of the lease as recommended by
the Staff.
MANATEE COUNTY - The Town of Longboat Key, Florida, requested access
easement fifty feet wide and about eight hundred feet long across
Sarasota Bay from the main island to an offshore island which was
conveyed by the Trustees in 1958 by Deed No. 2202 5 to the town for
public purposes only. The Trustees in meeting January 21, 1964,
agreed to dedicate the fifty-foot wide strip for public purposes
subject to approval by the Staff of the design of the causeway as
finally devised and approved by the United States Corps of Engineers.
In 1965 when the town requested conveyance of 93 acres for a municipal
complex, which the Board did not grant, there was an unfavorable
6-20-67
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report made by the biologist of the State Board of Conservation
citing loss of densely vegetated acreage.
Regarding the one acre, more or less, which the Town of Longboat
Key by resolution adopted January 10, 1967, requested for access
easement, the Board of Conservation reported that the proposed
method of construction would reduce damage to grassy bay bottom
compared with dredging and filling for causeway construction with
the resulting damage to submerged land that would be caused by
dredging and siltation. The current plan is to have concrete rubble
and fill trucked in for a causeway with 4-foot culvert to provide
increased tidal flow, a bridge with 30-foot horizontal clearance and
4-foot vertical clearance at mean high water.
The Staff reviewed the design of the causeway and recommended
approval. The Corps of Engineers issued a permit (SAJSP 64-6) for
this design.
Motion was made by Mr. Faircloth, seconded by Mr. Williams and
adopted unanimously, that the Trustees dedicate the fifty-foot wide
strip of submerged land to the Town of Longboat Key for public
purposes only, for the causeway and bridge to the city-owned island.
MONROE COUNTY - File No. 1274-44-253.12. Staff requested authority
for issuance of refund of the $50.00 application fee submitted under
date of January 28, 1963, by C. G. Bailey for Lee Shields, appli-
cant to purchase certain submerged land in the Straits of Florida
at Government Lot 4, Section 25, Township 66 South, Range 30 East,
Monroe County. The application was not completed and has been
declared inactive.
Motion was made by Mr. Dickinson, seconded by Mr. Conner and
adopted unanimously, that refund of the application fee be approved.
OKEECHOBEE COUNTY - On May 7, 1925 by Deed No. 17212 the Trustees
conveyed to the City of Okeechobee 11.9 acres of land for municipal
purposes only for a consideration of $5,000.00. The city by
resolution dated June 6, 1967, requested release of the municipal
purposes reverter clause insofar as it pertained to the west 10
feet of the tract, so that the city might grant an easement to the
Okeechobee Beach Water Association, a non-profit corporation, for
construction and maintenance of a water distribution line. Staff
recommended approval.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted unanimously, that the public purpose claise be waived insofar
as it applied to the west 10 feet of the city-owned tract, so that
the city might grant the easement for water distribution line.
ESCAMBIA AND PINELLAS COUNTY - Dock Permits. On motion made by
Mr. Conner, seconded by Mr. Williams and adopted unanimously, the
Trustees authorized issuance of state commercial dock permits for
$100.00 each to the following three applicants:
Escambia County - F. W. Hofer (Pensacola Beach Pure Service
Station) for construction of a wooden wharf in Sabine Bay at
upland leased by Pure Oil Con^any from Santa Rosa Island
6-20-67
- 235 -
Authority and described as Lot 2 of Block A in First
Addition to Villa Sabine Subdivision.
Pinellas County - '.Valter N. Todd, Jr. (SeaHorse Mobile Home
Park) for a series of docks for individual trailer lots as
needed in Boca Ciega Bay, starting at southeast corner of
Government Lot 2 in Section 1, Township 31 South, Range 15
East. A blanket permit was approved by Pinellas County Water
and Navigation Control Authority for a period not to exceed
two years after approval by the U. S. Corps of Engineers.
Pinellas County - John R. Munz (Master Marine, Inc.) for after-
the-fact permit for a dock in Masters Bayou in Section 16,
Township 30 South, Range 17 East, which had been approved by
Pinellas County Water and Navigation Control Authority.
VOLUSIA COUNTY - File No. 1838-64-253.124. Staff recommended formal
approval of the fill permit issued by the City Council of the City
of Edgewater, Florida, in regular meeting on June 5, 1967, to A. J.
Frisch under the provisions of Section 253.124 Florida Statutes, to
fill the 2.60 acres of submerged land in the Indian River North in
Section 2, Township 18 South, Range 34 East, in Volusia County,
which was conveyed by the Trustees under the referenced file number.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the Trustees formally approve the fill
permit issued by the City of Edgewater to Mr. Frisch.
TRUSTEES FUNDS -Mr. W. G. Hendricks, Business Manager of the Board
of Regents, by letter of April 21, 1967, made formal request that the
Trustees relieve the Board of Regents of further liability for the
sum of $126,788.17, the amount due and unpaid on an advance of
Trustees funds in the amount of $260,000.00, the sum of $133,211.83
having been repaid on May 27, 1964.
On May 10, 1960, Representatives Ralph J. Blank, Jr., of Palm Beach
County, Rupert J. Smith of St. Lucie County, L. B. (Buck) Vocelle of
Indian River County and Senator George W. Tedder, Jr., of Broward
County, appeared before the Trustees to request an advance of
$260,000.00 to the Board of Control to be used for the purpose of
completing detailed planning for the new state university at Boca
Raton. The planning was deemed urgent in order to permit the Board
of Control to be able to submit the completed plans at the next
session of the Legislature. Also present in support of request of
the advance were State Superintendent of Public Instruction Thomas
D. Bailey and Secretary of State R. A. Gray as members of the State
Board of Education, Frank Buchanan, Member of the Board of Control,
and J. Broward Culpepper, Secretary of the Board of Control.
After a thorough discussion of this application, the Trustees
approved a motion committing up to $260,000.00 of Trustees funds
with the expectation of reimbursement by the Legislature through
the cooperation offered by Mr. Blank and others on behalf of the
delegations from Palm Beach, Broward, St. Lucie, Indian River and
Okeechobee Counties.
As a result of this commitment the Trustees advanced to the State
Board of Control the total sum of $260,000.00 commencing on October
17, 1960 and completing the advance on June 14, 1951. In compliance
with the commitments made at the time of application for the loan.
6-20-67
- 236 -
the elected officials to the Legislature have introduced legisla-
tion designed to reimburse the Trustees, but without success. In
the 1965 session Representative Emmett Roberts introduced House
Bill 429, and in the 1967 session House Bill 161 was introduced by
Donald H. Reed, Jr., to accomplish appropriation to repay the
amount less payments made on the loan by the now Board of Regents,
which 1967 bill was reported unfavorably by the Committee on Higher
Education of the House of Representatives. It appeared to the
Trustees Staff, based on the history of the efforts up to this point,
that the Legislature was not favorably disposed to enact legislation
to appropriate funds for repayment of the balance due on the advance
of Trustees funds.
The matter was submitted to the Trustees on this date for consid-
eration of the request from the Board of Regents for relief of
further liability as to the outstanding balance. In view of the
fact that the issues involved concerned policy, the Staff did not
feel it appropriate to make recommendation.
The members expressed opposition and some surprise that the loan
applied for in good faith, with sincere pledges made for repayment,
would not be considered an obligation to be paid back by the Board
of Regents. Mr. VJilliams said the loan should be repaid, if it was
necessary to work out some installment plan. Mr. Dickinson said
it was still an obligation, and Mr. Conner said that perhaps the
Trustees should start charging interest on loans to guarantee
repayment.
Motion was made by Mr. Williams, seconded by Mr. Dickinson, and
adopted unanimously, that the request of the Board of Regents be
denied and that the Staff work out some plan for repayment, by
installments if necessary, and report to the Trusiees next week on
the arrangements made for repayment of the outstanding balance on
the outstanding balance on the advance of Trustees' funds committed
on May 10, 1960, for the purpose of completing the planning for the
new state university at Boca Raton.
TRUSTEES FUNDS - Request was received from the office of State
Comptroller Fred 0. Dickinson, Jr., that the Trustees approve a
temporary loan in the amount of $2,845,000.00 of the Trustees funds
to be used for repayment of a temporary loan of the v/orking capital
fund to the Capitol Center Land Acquisition and Construction Fund.
The transaction was necessary for the reason that under provisions
of Chapter 215.18 Florida Statutes, which authorized the transfer
from the working capital fund of this amount of money to the Capitol
Center Land Acquisition and Construction Trust Fund, repayment of
such transfer is required prior to the expiration of the fiscal
year in which the transfer is made- It was anticipated that the
temporary loan of Trustees funds would be repaid from the Capitol
Center Land Acquisition and Construction Trust Fund shortly after
commencement of the new fiscal year on July 1, 1967.
In order to make these funds available, it will be necessary for
the working capital fund to purchase the entire inventory of bonds
and treasury notes presently held by the Trustees, the sale to be
consummated at the prevailing market price which will be estab-
lished by the State Board of Administration. The arrangement was
discussed with Mr. E. O. Roland, Director of the State Board of
Administration, and he was in agreement with the procedure suggested,
Staff reviewed the request and examined the procedure to be followed
in securing sufficient funds to make the temporary loan, and
recommended approval of the request.
6-20-67
- 237 -
Mr. DicKinson said that the Governor and the Comptroller had taken
the necessary steps to see that the loan would be repaid shortly
after July 1, 1967, to the Trustees.
Motion was made by Mr. //illiams, seconded by Mr. Faircloth and
adopted unanimously, that the Trustees approve the temporary
in the amount of $2,845,000.00 of Trustees' funds for the purr
explained, repayment to be made shortly after the beginning oi
new fiscal year on July 1, 1957.
On motion duly adopted, the meeting wa
ATTEST:
DIRECTOR - SECRETARY
Tallahassee, Florida
June 27, 1967
The Trustees of the Internal Improvement Fund met on this date
in the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr.
Fred O. Dickinson, Jr
Earl Faircloth
Doyle Conner
Governor
Comptroller
Attorney General
Commissioner of Agriculture
Robert C. Parker
Director
DUVAL COUNTY - File Nos . 1617 and 1923-16-253.12. On June 13, 1967,
the Trustees again heard presentations from objectors and applicants
to purchase certain submerged land in the St. Johns River landward
of the established bulkhead line, as follows:
File 1517-16-253.12: The Leitman Company, abutting upland
owner, offered the appraised value of $250.00 per acre for
9.68 acres in Section 29, Township 1 South, Range 27 East, and
File 1923-16-253.12: John T. Wood, abutting upland owner,
offered the appraised value of $250.00 per acre for 30 acres
abutting uplands m Sections 29 and 53, Township 1 South,
Range 27 East.
Action was deferred for further review of conservation aspects and
for the Staff to review the appraised value of the land. The Board
of Conservation reported that the submerged land lay largely within
a spoil area, was not a sport or commercial fishing ground with no
attached vegetation except a narrow fringe of marsh east of Reddie
Point, and that the river was polluted in this section.
6-27-67
- 238 -
The value of the submerged land was again reviewed and the Staff
Appraiser reported a negative value (cost of fill greater than the
value of upland property) , that real estate activity had been prac-
tically dormant for several years in the area, and that $250.00 per
acre was a reasonable and just price for the land applied for by Mr.
Wood and the Leitman Company.
As there were no conservation values to be protected, and after
making further investigation the Staff had recommended the appraisal
as the correct value. Governor Kirk said that the Staff had followed
through on the request of the Trustees for additional examination of
these factors.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted unanimously, that the Trustees confirm the two sales of
advertised land to the two abutting upland owners at the price offered.
DUVAL COUNTY - Bulkhead Line. The Board of County Commissioners of
Duval County by resolution adopted March 27, 1967, established a
bulkhead line around the major part of Blount Island in the St. Johns
River in Section 25, Township 1 South, Range 27 East, and in Sections
18, 19, 20, 29 and 30 in Township 1 South, Range 28 East, Duval County.
All required information and exhibits were furnished and no objections
at the local level were reported. The Florida Board of Conservation
advised that no harm to marine resources would result from development
within the proposed bulkhead line, which was set for the Jacksonville
Port Authority offshore from its uplands. The bulkhead line was
described as being in Fulton-Dames Point Cut-off along the southerly
and westerly side of the St. Johns River and on the northerly side
of the Fulton-Dames Point Cut-off. The Staff recommended approval
of the bulkhead line.
Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and
unanimously adopted, that the Trustees formally approve the bulkhead
line adopted by Duval County on March 27, 1967.
DUVAL COUNTY - File No. 2003-16-253.12. The Jacksonville Port
Authority, a body politic and corporate, existing under the provisions
of Chapter 63-1447, Laws of Florida, made application for five (5)
parcels of submerged land in the St. Johns River in Section 25,
Township 1 South, Range 27 East, and in Sections 18, 19, 20, 29 and
30, Township 1 South, Range 28 East, Blount Island in Duval County,
landward of the bulkhead line established by the county on March
27, 1967, and approved by the Trustees on this date. The Port
Authority, the abutting upland owner, requested fee title for public
purposes only, for improving and developing the public port facilities.
The Board of Conservation reported that no harm to marine resources
would result from the proposed development within the bulkhead line.
Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees authorize advertisement of
the 127.23 acres for objections only.
BREVARD COUNTY - Edward M. Jackson, attorney for Canaveral Port
Authority, requested permission for the Authority to grant a pipe
line easement to Florida Storage and Pipeline Corporation over and
across submerged land conveyed by the Trustees to the Authority by
6-27-67
- 239 -
Deed No. 19590 dated April 14, 1950. Said deed contained a restric-
tion as to the use of the land conveyed, requiring that the land be
used for public purposes only. inasmuch as the pipeline would
service the port's facilities, the Staff considered the request
justified and recommended approval.
Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and
adopted unanimously, that permission be granted for the Authority
to grant such easement as necessary for construction of the pipeline.
CHARLOTTE COUNTY - W. G. Gault of Placida, Florida, made application
to construct a navigation channel in Gasparilla Sound and deposit
the dredged material on his upland property. The policy of the
Trustees was to permit navigation channels without charge, up to 50
feet wide and 5 feet deep for a length necessary to reach navigable
water, however the applicant proposed to dredge a channel 10 feet
deep. When advised that a charge would be made for the material
obtained from the overcut, the applicant tendered payment in the
amount of $1,400 (5<: per cubic yard). Staff recommended acceptance
and approval for the channel in Section 12, Township 42 South,
Range 20 East, Charlotte County.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted unanimously, that the Trustees approve the application.
HIGHLANDS COUNTY - The Benevolent and Protective Order of Elks No.
1529 of Sebring, Florida, made application for a state dock permit
for construction of a concrete dock in Lake Jackson at the appli-
cant's upland described as Lot 5, Block 91, Map of Town of Sebring.
All required exhibits including $100 processing fee were submitted,
and the Staff recommended approval.
Motion was made by Mr. Conner, seconded by Mr. Dickinson and
adopted, that the Trustees authorize issuance of state commercial
dock permit.
MONROE COUNTY - File No. 1996-44-253.12. Staff requested authority
to refund the amount of $50.00 submitted as application fee with
the above numbered application to purchase certain submerged land
in Tom's Harbor Sections 15 and 21, Township 65 South, Range 34 East,
Duck Key in Monroe County. The application, submitted under date
of May 9, 1967, by Bailey, Mooney, Post Associates, Inc., for Duck
Key, Inc., had been withdrawn by the applicant.
Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and
adopted unanimously, that the Board authorize issuance of $50.00
refund to the applicant.
TRUSTEES FUNDS - On June 20, 1967, the Trustees directed the Staff
to try to work out some plan for repayment by the Board of Regents to
the Internal Improvement Fund of the sum of $126,788.17, the amount
due and unpaid on an advance in the amount of $250,000.00 made in
1960 to the Board of Control to use for completing detailed planning
for the new state university at Boca Raton. The Director said he
had conferred with Mr. v;. G. Hendricks, Business Manager of the
Board of Regents, and as a result of their discussion Mr. Hendricks
had submitted to the Budget Director a request for release of
certain funds for making a payment on the loan balance. The funds
5-27-57
- 240
were unused operating funds and certain other monies which would
revert to the general fund at the end of the fiscal year. The Budget
Director had the request under study to determine whether it was
appropriate for the unused funds to be used for this purpose.
Governor Kirk commented that if it was appropriate to borrow money,
it was appropriate to repay it. He requested that a report be made
at the next meeting of the Trustees.
It was so ordered.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted^
unanimously, the Trustees approved report No. 912 listing one
regular bid for sale of land in Baker County under the provisic#is
of Chapter 18296, the Murphy Act.
On motion duly adopted, the meeting
ATTEST:
DIRECTOR - SECRETARY
* * *
* * *
* * *
Tallahassee, Florida
July 11, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr.
Fred O. Dickinson, Jr
Broward Williams
Doyle Conner
Governor
Comptroller
Treasurer
Commissioner of Agriculture
Robert C. Parker
Director
On motion duly adopted, the Trustees approved the minutes of June
20 and 27, 1967.
HENDRY COUNTY - Sun Oil Company requested advertisement of the
following described land for a five-year oil and gas drilling lease;
West half of Section 19 and All of Section 31, Tovnship
46 South, Range 31 East, containing 480 net mineral acres.
7-11-67
241 -
The Trustees held an undivided one-half interest in the underlying
petroleum products. Sun Oil Company offered annual rental of
$1.00 per net mineral acre, and submitted the $50.00 application
fee to cover advertising costs. Staff recommended advertising for
competitive sealed bids for a five-year term lease covering the
Trustees' interest, pursuant to law. The company was the holder of
lease covering the other one-half interest.
Motion was made by Mr. Dickinson, seconded by Mr. Conner and adopted
unanimously, that the Trustees authorize advertisement of the above
described land for an oil and gas drilling lease as recommended.
HIGHLANDS COUNTY - Mrs. Katherin M. Waggaman, holder of Grazing
Lease No. 1350 expiring on July 10, 1957, requested three-year
renewal. The lease covered 1,415.08 acres in Township 35 South,
Range 31 East, Highlands County, at an annual rental of $1.50 per
acre and 180-day cancellation clause. Only 30% of the entire tract
was suitable for year-round grazing, the remainder being a swamp
forest.
Staff recommended issuance of a new three-year grazing lease on
the same terms and conditions but with the annual rental increased
to $1.75 per acre.
Motion was made by Mr. Williams, seconded by Mr. Dickinson, and
adopted unanimously, that the new lease to Mrs. V^aggaman be authorized
with terms as recommended by the Staff at $1.75 per acre annual rent.
SHELL LEASES - On motion made by Mr. Williams, unanimously adopted,
the Trustees accepted as information the following report of
remittances received by the Florida Board of Conservation from
holders of shell leases:
Lease No. Name of Company Amount
1718 Radcliff Materials, Inc. $10,545.29
1788 Benton and Company, Inc. 4,711.84
1788 Benton and Company, Inc. 5,000.00
1788 Benton and Company, Inc. 4,466.65
1788 Benton and Company, Inc. 7,589.41
2233 Bay Dredging & Construction Co. 5,184.33
2235 Fort Myers Shell & Dredging Co. 718.95
FILL MATERIAL RATES - On June 25, 1962, the Trustees adopted Admin-
istrative Rules having application to the operations under the
jurisdiction of the Trustees, as required by Chapter 21-280, Acts
of 1951, nov/ shown as Chapter 120 Florida Statutes. Rule 200-2.08
provides a schedule of rates for fill material from sovereignty
land to improve upland, as follows:
First 10,000 cubic yards at 5<: per cubic yard, second 10,000
cubic yards at 4<: per cubic yard, third 10,000 cubic yard^ at
3<:, next 70,000 cubic yar* at 2C, and all over 100,000 cubic
yards at 1<: per cubic yard.
Staff has made an investigation and inquired of several of the
southeastern states regarding their charge for such material. The
advice of tho Florida Engineering Society was also sought. As a
result of review of the information obtained, the Staff recommended
7-11-57
- 242
that the rate structure be revised to provide a charge of 5<: per
cubic yard for all material recovered from sovereignty land to
improve upland, and to require that the application for such
material be accompanied by a certified statement from a land
surveyor or engineer duly registered in the State of Florida as
to the quantities to be recovered measured in place based on the
plan submitted. it was further recommended that the rule be
modified so as to require a minimum payment of $25.00 in any case
where the charge for the rate shown did not exceed that amount.
The Director said that the downward steps in rate should be
eliminated. There was a variation found in the rate charged by
other states, some not providing for sale of fill material.
Motion was made by Mr. Williams, seconded by Mr. Conner and adopted
unanimously, that the recommendations be adopted and that the
necessary steps be taken to effect the rule change as required by
the office of the Secretary of State. (Effective August 24, 1967)
BAY COUNTY - File No. 1661-03-253.12. The Department of the Navy
on behalf of the United States of America requested a restrictive
easement over a parcel of sovereignty marsh land in St. Andrew Bay
in Section 3, Township 4 South, Range 15 West, in Bay County, con-
taining 3.3 acres abutting uplands owned by the United States.
Easement in the form of a dedication was requested for security
purposes in connection with the magazine restricted area of the
Navy Mine Defense Laboratory. Staff recommended approval for as
long as the land was needed for that purpose.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
unanimously, the Trustees authorized issuance of easement in the
form of a dedication as recommended .
DADE COUNTY - Vernon W. Turner, attorney for the City of Homestead,
Florida, requested duplicate assignment of mortgage No. 17292 dated
September 1, 1949, for the purpose of recording the instrument in
the public records. Recording the assignment will allow the city
to proceed to satisfy the old mortgage.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
unanimously, the Trustees authorized issuance of duplicate
assignment for $10.00 handling charge.
FRANKLIN COUNTY - Formal request was made by the Southeastern
Division Office of the Bureau of Sport Fisheries and Wildlife of
the United States Fish and Wildlife Service, an agency operated
under the jurisdiction of the United States Department of the
Interior, for approval by the Trustees, in compliance with Section
372.771 Florida Statutes, of the acquisition and use of St. Vincent
Island in Franklin County by that federal agency. The request
indicated that the island was to be purchased (from private owners)
for the specific use as a wildlife refuge under the jurisdiction
of the Bureau of Sport Fisheries and Wildlife. W. L. Towns,
Acting Regional Director, by letter of July 6, 1967, and William
C. Ashe, present at the meeting on this date, both represented
the U. S. Fish and Wildlife Service in this matter.
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Resolution adopted on the 5th of July by the Board of County Commis-
sioners of Franklin County approved the purchase of St. Vincent
Island by the U. S. Department of the Interior, Bureau of Sport
Fisheries and Wildlife, to establish a national wildlife refuge.
Motion was made by Mr. Williams, seconded by Mr. Dickinson, and
unanimously adopted, that the Trustees approve the acquisition and
use of St. Vincent Island by the above-named federal agency, such
approval being in compliance with Section 372.771 Florida Statutes.
HILLSBOROUGH COUNTY - File No. 1931-29-253.124. On motion made by
Mr. Williams, seconded by Mr. Dickinson, and adopted unanimously, the
Trustees formally approved the revised fill permit issued by the
Board of County Commissioners of Hillsborough County on June 19,
1967, to Francis J. Corr, Paul B. Dickman and Robert E. Lee & Co.,
Inc., under the provisions of Section 253.124 Florida Statutes, to
fill the three separate tracts of submerged land in Tampa Bay in
Sections 16, 17, 19, 20 and 30 in Township 31 South, Range 19 East,
containing 350 acres, more or less, previously conveyed by the
Trustees under the referenced file number.
MONROE COUNTY - On motion by Mr. Williams, seconded by Mr. Conner
and adopted unanimously, the Trustees authorized issuance of a dupli-
cate deed for $10.00 charge, which v;as requested by Fred Tittle,
attorney, to replace Trustees Deed No. 22363(27-44) dated January 13,
1960, issued to Iva Storm Davis, which deed was lost prior to record-
ing in the public records of Monroe County.
MONROE COUNTY - File No. 2009-44-253.129. Motion was made by Mr.
Dickinson, seconded by Mr. Williams and adopted unanimously, that the
Trustees authorize issuance of disclaimer for handling charge of
$10.00 to the Estate of Iva Storm Davis under the provisions of
Section 253.129 Florida Statutes covering two parcels of submerged
land in the Bay of Florida in Section 9, Township 56 South, Range
32 East, at Key Vaca in Monroe County, filled prior to May 29, 1951.
MONROE COUNTY - Genevieve Blanchard, administratrix of the Estate of
Iva Storm Davis, Marathon, Florida, made application for after-the-
fact commercial dock permit, even though a permit was not required
at the time the facility was constructed. The applicant submitted a
plat showing the location of the structures and tendered the $100.00
processing fee. Staff recommended approval.
Motion was made by Mr. Williams, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees authorize issuance of after-
the-fact permit to the applicant.
PALM BEACH COUNTY - File No. 1953-50-253.36. Staff requested
authority to issue a corrective deed to James A. Ball, Jr., et ux .
On January 17, 1967, the Trustees approved issuance of a deed to the
applicants conveying title to a parcel of reclaimed lake bottom land
in Sections 13 and 24, Township 43 South, Range 36 East, containing
1.894 acres in Palm Beach County originally platted as right of way
for an access road. The Palm Beach County Commission had disclaimed
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all use rights in the parcel of reclaimed land. In preparing the
description for the deed, the Staff inadvertently used the wording
"a part of" certain lots rather than "lying between" those certain
lots of the 1916 plat prepared by the Trustees of the internal
Improvement Fund .
Motion was made by Mr. Dickinson, seconded by Mr. Conner and adopted
unanimously, that the corrective deed be issued.
PINELLAS COUNTY - Application was submitted by Pinellas County
Water and Navigation Control Authority on behalf of Herman Pleus,
Jr. (Pass-A-Grille Marina, Inc.) for a permit for a 75-foot pier
in Boca Ciega Bay at Lots 23, 24 and 25, Block "H", Phillips Sub-
division, St. Petersburg Beach, Florida. All required exhibits
including $100.00 fee were submitted, and Staff recommended approval
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the Trustees authorize issuance of a
commercial dock permit to the applicant.
VOLUSIA COUNTY - Ocean Front Estates made application for state
permit for a 1200-foot pier in the Atlantic Ocean in Section 19,
Township 16 South, Range 34 East, in the Town of Ponce Inlet in
Volusia County. The applicant had applied for permit from the
United States Army Corps of Engineers which was pending approval
of permit by the Trustees. All required exhibits including $100.00
processing fee were submitted and Staff recommended approval.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the Trustees authorize issuance of the
dock permit.
VOLUSIA COUNTY - File No. 2007-64-253.12(1) Application was made
by W. Richard Every on behalf of William C. Buell, et ux, for
conveyance under provisions of Section 253.12(1) Florida Statutes,
of a parcel of sovereignty land in the Halifax River in Section
14, Township 14 South, Range 32 East, in the City of Ormond Beach,
Volusia County, containing 0.30 acre which was filled subsequent
to Hay 29, 1951 and prior to June 11, 1957. Applicant offered the
appraised value of $200.00 per acre or $60.00, the value of the
submerged land as it existed prior to filling.
Motion was made by Mr. Dickinson, seconded by Mr. Williams a. id
adopted unanimously, that the Trustees authorize issuance of the
instrument under provisions of Section 253.12(1).
VOLUSIA COUNTY - File No. 2010-64-253.12(1) Application was made
by Edmund L. Wood on behalf of Earl W. Jones, et ux, for conveyance
under the provisions of Section 253.12(1) Florida Statutes, of a
parcel of sovereignty land in the Halifax River abutting uplands
in Section 41, Township 13 South, Range 32 East, containing 0.11
acre located north of Ormond Beach in Volusia County. The parcel
was filled subsequent to May 29, 1951, and, prior to June 11, 1957.
Applicant offered the appraised value of $100.00 per acre or $11.00,
value of the submerged land as it existed prior to filling.
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Motion was made by Mr. Conner, seconded by Mr. Williams and adopted
unanimously, that the Trustees authorize issuance of thr instrument
unler orovisions of Section 253.12(1).
WALTON COUNTY - The State Road Department requested dedication of a
tract of submerged land in Choctav/hatchee Bay in Tov/nship 2 South,
Range 19 'West, Walton County, for road and bridge right of v;ay
purposes for State Road No. 83, Section 60040-2504.
Motion was made by Mr. Conner, seconded by Mr. Dick
adopted unanimously, that the parcel be dedicated to
Department for road and bridge right of way purpose
On motion duly adopted, the meeting w.
ATTEST :
DIRECTOR - SECRETARY
Tallahassee, Florida
July 18, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr.
Fred 0. Dickinson, Jr ,
Broward Williams
Earl Faircloth
Doyle Conner
Governor
Comptroller
Treasurer
Attorney General
Commissioner of Agriculture
Robert C. Parker
Director
On motion duly adopted, the Trustees approved the minutes of the
meeting of July 11, 1967.
PINELLAS COUNTY - File No. 1969-52-253.12. The Pinellas County
Water and Navigation Control Authority advertised the parcel,
approved the purchase application in meeting June 13, 1967, and
referred to the Trustees the application by Byron T. Sauls on behalf
of Maurice L. Hollins and wife, abutting upland owners, who offered
$500.00 per acre, the value approved by the Staff Appraiser, for
purchase of a parcel of submerged land in Boca Ciega Bay in Section
13, Township 31 South, Range 15 East, in the City of St. Petersburg
containing 0.74 acre, more or less, landward of the established
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bulkhead line in Pinellas County. No objections were cited in the
transcript of the county hearing.
The parcel, and several others, were inadvertently filled in 1961
without a dredge and fill permit as a result of unauthorized spoil-
ing during the construction of the Florida Inland Waterway. The
upland ov/ner desired to correct the error and secure title to the
filled land. Under such conditions a biological report was not
necessary. The Staff recommended confirmation of the sale.
Motion v/as made by Mr. Faircloth, seconded by Mr. VJilliams and
adopted unanimously, that sale of the advertised parcel be confirmed
at the price offered by the abutting upland ov/ners.
BROWARD COUi'TTY - Bulkhead Line and Application No. 2013-06-253.12.
The City of Fort Lauderdale by Ordinance No. C-67-46 adopted on May
16, 1967, located a bulkhead line in New River Sound in Section 12,
Township 50 South, Range 42 East, in downtown Fort Lauderdale,
Broward County. All required exhibits were furnished. There were
no objections at the local level, and the Board of Conservation Staff
had no objection to an extension offshore in that heavily dredged
and filled waterfront area. Staff recommended approval of the bul]:-
head line established under Chapter 253.122 Florida Statutes.
On motion made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, the Trustees formally approved the bulkhead
line established by the City of Fort Lauderdale by Ordinance No.
C-67-46 on May 16, 1967.
File No. 2013-06-253.12. William Gundlach on behalf of August
Urbanek, abutting upland ov/ner, offered $10,500.00 per acre, value
approved by Staff Appraiser, for a parcel of submerged land in Nev/
River Sound in Section 12, Township 50 South, Range 42 East,
containing 0.18 acres in the City of Fort Lauderdale landv/ard of
the bulkhead line approved above, adopted by the city on May 16, 1967.
The biological report of the Board of Conservation showed that there
was no objection to the extension offshore in the heavily dredged
and filled downtown waterfront. Staff recommended advertisement of
the small parcel of submerged land for objections only.
Motion was made by Mr. Williams, seconded by Mr. Dickinson and
adopted unanimously, that the parcel be advertised for objections
only.
DUVAL COUWTY - File No. 2015-16-253.12. Application was made by
Lonnie Vvurn on behalf of St. Johns Shores, inc., the abutting
upland ov/ner, with offer of $250.00 per acre, value approved by
the Staff Appraiser, for purchase of a tract of submerged land in
the Mill Cove area of St. Johns River in Section 28, Township 1
South, Range 27 East, containing 43.0 acres landward of the
established bulkhead line in Duval County, Florida. The tract
was easterly of land sold by the Trustees on June 27th, in the
area for which the biological report of the Board of Conservation
showed that there was not a sport or commercial fishing area and
the river was polluted. There being no conservation values to be
protected, the Staff recommended advertisement of this tract for
objections only. The Director said that applications for sales
in the v;hole area within the bulkhead line were anticipated, with
the possible exception of the Yacht Club area.
7-18-67
- 247 -
The Attorney General questioned whether the sale might relieve the
polluted river, and the Director said that while it might not offer
such relief it appeared to be no more damaging.
Motion was made by Mr. Faircloth, seconded by Mr. Williams and
adopted unanimously, that the land be advertised for objections only,
MONROE COUNTY - File No. 1949-44-253.12. Phillips Surveying on
behalf of Bayview Enterprises, Inc., the abutting upland owner,
made application for two (2) separate parcels of submerged land in
the Bay of Florida in Section 21, Township 67 South, Range 26 East,
containing 32.18 acres at Rockland Key in Monroe County. The Staff
Appraiser reported a value of $325.00 per acre for the land.
Biologist of the Board of Conservation reported that the submerged
land was rocky and very shallow, and did not support any marine
vegetation. It was further reported that it was not a sport or
commercial fishing area.
Motion v/as made by Mr. Dickinson, seconded by Mr. Conner and adopted
unanimously, that the submerged land be advertised for objections
only.
MONROE COUNTY - File No. 1975-44-253.12. Phillips Surveying on
behalf of FEB Corporation, the abutting upland ov/ner, made applica-
tion to purchase a tract of 125.05 acres of submerged land in the
Bay of Florida lying northerly of and abutting Wisteria Key in
Township 67 South, Range 25 East, northwesterly of the Island of
Key '.Vest, in Monroe County. The applicant offered S300.00 per acre,
the value approved by the Staff Appraiser.
The Attorney General questioned whether the price v;as adequate and
the Director said an appraisal set a value of $300 per acre for land
in the zone under condemnation by the U- S. Navy which had another
appraisal of $100 made for the land. The Staff thought the value
of $300 should be maintained.
There were further questions regarding the location and the size
of the tract applied for, which had been reduced from the original
application area of 170 acres in order to conform to suggestions of
the biologist of the Board of Conservation. Mr. Faircloth v;as con-
cerned at the application to purchase, and subsequently dredge and
fill, the large tract of submerged land. He asked that the appli-
cation be postponed for two v/eeks in order to permit him to study
it and to reviev/ the requirements of the new lav;.
iN^ithout objection, the Trustees postponed action on the application.
During the discussion Attorney General Faircloth raised the
question as to what nev; legislation would have application concerning
disposition of submerged land such as that under consirleration.
After a short discussion and deferment of this application, he asked
that a memorandum be prepared setting forth in detail what: effect,
if any, the new legislative acts v/ould have with respect to this
particular transaction.
PALM BEACH COUNTY - File No. 1963-50-253.12. Brockway, Liven and
Anderson Engineers, Inc., on behalf of Marbet Corporation, abutting
upland ov;ner, offered $1,800.00 per acre, value approved by itaff
7-18-67
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Appraiser, for a parcel of submerged land on the westerly side of
Lake Worth in Section 28, Township 42 South, Range 43 East, con-
taining 1.19 acres in the City of Riviera Beach landward of the
established bulkhead line, in Palm Beach County.
Prior to enactment of the Bulkhead Act on June 11, 1957, the
Trustees, according to the policy in effect at that time, received
payment in the amount of $654.82 for material to be used in filling
the subject parcel under provisions of Section 271.01 Florida
Statutes. Since the owner had not used any of the material, the
Staff recommended that credit be allowed the applicant at the time
of the sale.
Board of Conservation biological study of marine life for the
northerly portion of Lake Worth made in 1961 and reprinted in 1963
reported extensive siltation on both sides of the intracoastal
waterway and that seagrass and nursery grounds for fish and shrimp
appeared lacking in the area. September 1964 report by the biologist,
made at the time of establishment of the Riviera Beach bulkhead line,
shov/ed that the area did not contain valuable seagrass or fishing
grounds.
On motion by Mr. Dickinson, seconded by Mr. Faircloth, the Trustees
authorized advertisement of the parcel for objections only.
PALM BEACH COUNTY - File No. 1970-50-253.12. Brockv;ay, Owen and
Anderson Engineers, Inc., on behalf of Hallie B. Hicklin, abutting
upland ov/ner, made application for a parcel of submerged land on the
easterly shore of Lake Worth in Section 22, Tovmship 43 South, Range
43 East, 0.575 acre in the Town of Palm Beach landward of the estab-
lished bulkhead line in Palm Beach County. The value of $5,234.86
per acre was approved by the Staff Appraiser.
The Board of Conservation biological study of marine life for the
northerly portion of Lake Worth made in 1961 and reprinted in 1963
reported that the submerged bottoms were extensively silted on both
sides of the intracoastal waterway and that seagrass and nursery
grounds for fish and shrimp appeared lacking. At the time changes
in the established bulkhead line were being considered, a conserva-
tion study reported that the area within the bulkl.ead line contained
no valuable grassy bottoms.
On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted
unanimously, the Trustees authorized advertisement of the parcel
for objections only.
PALM BEACH COUNTY - File Ho. 1987-50-253.12. Brockway, Owen and
Anderson Engineers, Inc., on behalf of Spencer Boat Company, Inc.,
abutting upland owner, offered $2,480.00 per acre, approved by the
Staff Appraiser, for a parcel of submerged land in Lake Worth in
Section 10, Township 43 South, Range 43 East, containing 1.306
acres landward of the established bulkhead line in the City of
V/est Palm Beach, Florida.
The Board of Conservation biological study of marine life for the
northerly portion of Lake Worth made in 1961 and reprinted in 1963
reported that the submerged bottoms were extensively silted on both
sides of the intracoastal waterway and that seagrass and nursery
grounds for fish and shrimp appeared lacking. At the time changes
in the established bulkhead line were being considered, a conserva-
tion study reported that the area within the bulkhead line
7-18-67
- 249 -
contained no valuable grassy bottoms.
On motion by Mr. Dickinson, seconded by Mr. Conner and adopted
unanimously, the Trustees authorized advertisement of the parcel
for objections only.
PALM BEACH COUNTY - File Mo . 2002-50-253.12. Adair and Brady, on
behalf of County Builders' Association of Florida, Inc., abutting
upland owner, offered $1,795.00 per acre, the value approved by
the Staff Appraiser for a parcel of sovereignty land in Lake Worth
in Section 21, Township 42 South, Range 43 East, containing 0.47 of
an acre in the Tov/n of Lake Park which was filled subsequent to the
date of enactment of the Bulkhead Act. The application was made to
clear title in the upland owner to a strip of land thirty feet wide
and approximately six hundred seventy-five feet lona, landward of
the established bulkhead line in Palm Beach County.
On motion by Mr. Conner, seconded by Mr. Williams' and adopted
unanimously, the Trustees authorized advertisement for objections
only.
GLADES COUHTY - File No. 1954-22-253.36. The United States Sugar
Corporation, the upland owner, offered $3 50.00 per acre for 25.0
acres and $150.00 per acre for 22.79 acres, the appraised values
of reclaimed lake bottom land in Lake Okeechobee in Section 23,
Tov/nship 42 South, Range 33 East, totalling 47.79 acres in Glades
County. Although the Trustees at the request of the Central and
Southern Florida Flood Control District withdrev; from sale reclaimed
lake bottoms in this area, the District by Resolution No. 690 dated
August 12, 1966, did approve this particular sale.
Staff recommended confirmation of sale without advertising accord-
ing to the Trustees' policy adopted July 7, 1953, for sale of
reclaimed bottom lands to abutting owners. The Director called
attention to the Attorney General's statement at the meeting on
February 28 that he thought such land should be advertised and
the Trustees should consider changing the policy. The Trustees took
no action at that time to change the rules. Mr. Parker said that
the statutes gave first right to purchase to any adjacent owner
who desired to square up any fractional section he owned, in
amounts not exceeding eighty acres, and that in 1953 the Trustees
did not think it proper to deed such land to others and decided
it was unnecessary to advertise.
The Trustees discussed whether such land should be sold or held for
possible future use for public purposes, such as recreation, and
were informed that there was no inventory of reclaimed lands or
of submerged lands. Attorney General Faircloth said he would like
to see the land advertised, and that he was concerned about selling
anything that the state had in view of the population estimates
and future needs for public use. Mr. Conner said the Board had
followed the policy of selling to the upland owner, and unless the
land did fit into a plan for public use it should be put on the
tax rolls. He suggested that since an individual investigation of
each parcel would be expensive, certain areas might be designated
as land that might be needed for future public purposes and then
the Trustees could use their discretion regarding applications
to purchase.
The Governor asked about submerged land, and said the Board must
take a closer look at land the state owned. The Director said
7-18-67
- 250 -
that he felt that adequate protection would be afforded by the
procedure required by the new legislation before submerged land
was sold.
Motion was made by Mr. Faircloth, and adopted without objection,
that this application, and a similar one appearing next on the
agenda, be deferred for a careful consideration of measures that
might be taken to determine future needs before any more public
lands are sold.
HENDRY COUNTY - File No. 1998-26-253.36. The application of
C. W. Kimsey, upland owner, to purchase 0.29 acre parcel of
reclaimed bottom land in the Caloosahatchee River in Section 32,
Township 42 South, Range 29 East, Hendry County, at $400.00 per
acre, which the Staff recommended be sold without advertising
according to the policy of the Trustees for tale of reclaimed
bottom lands to abutting ov/ners, was deferred as a result of the
discussion regarding the preceding item in these minutes.
LEE COUNTY - Bulkhead Line. Staff recommended approval of a bulkhead
line established by the Board of County Commissioners of Lee County
by resolution adopted on May 17, 1967, in Matanzas Pass in Section
24, Township 46 South, Range 23 East, Lee County. All required
exhibits were furnished and the file showed no local objections.
The Lee County Bulkhead Line Committee, composed of the County
Engineer, County Attorney and a Florida Board of Conservation Marine
Biologist, reported that the proposed line would not adversely affect
fish and wildlife and recommended approval. On the map it was noted
that it v/as a conservative bulkhead line.
Governor Kirk expressed an approving opinion of the composition of
the county bulkhead committee.
Motion was made by Mr. Faircloth, seconded by Mr. Williams and
adopted unanimously, that the Trustees approve the bulkhead line
established on May 17, 1967, by Lee County.
LEE COUNTY - Bulkhead Line. Staff recommended approval of a bulkhead
line established by the Board of County Commissioners of Lee County
on May 3, 1967. in the Caloosahatchee River in Section 36, Township
45 South, Range 23 East, Lee County. There was local objection to
a proposed bulkhead line which extended further out into the river,
not from the Lee County Bulkhead Line Committee, however, which
reported that the line would not adversely affect fish and wildlife.
The Committee, composed of the County Engineer, County Attorney
and a Florida Board of Conservation Marine Biologist, approved the
alternate line nearer the shoreline which was referred to the
Trustees for consideration.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the bulkhead line establisaed on May 3,
1967, by Lee County, be approved.
MARTIN COUNTY - Bulkhead Line. The Board of County Commissioners
of Martin County by resolution adopted on May 9, 1967, established
an amended bulkhead line along the west side of Hutchinson Island
in Section 5, Township 38 South, Range 42 East, Martin County. All
7-18-67
- 251 -
required exhibits were furnished, and there were no objections at
the local level. The bulkhead line was amended in accordance with
recommendations of the Florida Board of Conservation and was recom-
mended by the Izaak Walton League,
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the Trustees approve the bulkhead line
established on May 9, 1967 by Martin County.
SARASOTA COUNTY - Bulkhead Line. Staff recommended approval of the
bulkhead line established by the City Commission of the City of
Sarasota by resolution adopted October 3, 1966. The line was located
in Sarasota Bay offshore from Lots 1 through 10, Block 3, Sunset
Park Subdivision. All required exhibits were furnished and there
were no local objections recorded. The Board of Conservation
offered no objections to the proposed bulkhead line location.
Motion was made by Mr. Faircloth, seconded by Mr. Williams and
adopted unanimously, that the Trustees approve the line.
CHARLOTTE COUNTY - Dock Permit. Application was made by Motels, Inc.
for a commercial dock permit for construction of a concrete pier
in the Peace River, southerly shore, west of State Road 45 (Barron
Collier Bridge) in Section 6, Township 41 South, Range 23 East, in
the City of Punta Gorda, Charlotte County. All required exhibits
including $100.00 processing fee were submitted, and the Staff
recommended approval.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
unanimously, the Trustees authorized issuance of state commercial
dock permit to the applicant.
LEE COUNTY - Public Fishing Pier. The Lee County Board of County
Commissioners made application for a state permit for construction
of a public fishing pier extending from the shoreline of the County
Park on State Road 78 and extending into Matlacha Pass, at the south-
east shoreline on West Island in Secticn24, Township 44 South, Range
22 East, Lee County. Applicant requested that 120 days be allowed
for completion of the work, rather than the usual 90-day period.
All necessary exhibits were submitted.
Inasmuch as this was a public project, the Staff recommended that
the processing fee be waived.
Motion was made by Mr. Williams, seconded by Mr. Dickinson and
adopted unanimously, that the fee be waived for permit for the
public pier with allowance for completion within 120 days.
MARTIN COUNTY - The Board of County Commissioners of Martin County
on behalf of the United States of America applied for permanent spoil
easement for the continued maintenance and improvement of the St.
Lucie Inlet, covering a submerged area in the Atlantic Ocean in
Township 38 South, Range 42 East, Martin County, containing 66 acres,
more or less. This was an enlargement of a temporary spoil area
previously used for which easement had expired. The Director said
that disposition of the spoil material would be by a method which
7-18-67
- 252 -
would build up the eroded beaches on Jupiter Island. The Board
of Conservation had no objection to the dredging and spoiling as
proposed •
Motion was made by Mr. Dickinson, seconded by I4r . Williams and
adopted unanimously, that the Trustees grant perpetual easement to
the applicant for the purpose requested.
SARASOTA COUNTY - File No. 2016-58-253.12(1) Evans, Thomas, Boylston
& Johnson on behalf of Searcy G. Koen and v/ife, made application for
conveyance under the provisions of Section 253.12(1) Florida Statutes,
of a parcel of sovereignty land in Little Sarasota Bay in Section
18, Township 37 South, Range 18 East, Sarasota County, filled sub-
sequent to May 29, 1951 anc prior to June 11, 1957, containing 8.1
acres. The applicant offered the appraised value of $220.00 per
acre, being the value of the submerged land as it existed prior to
filling.
During the discussion. Attorney General Faircloth was concerned
as to the effective date of new legislation requiring the affirma-
tive vote of five members of the Trustees for disposition of
submerged land under this new legislation. He asked for a week's
deferment before the Board took action on this application.
Without objection, the Trustees deferred action for review of the
questions raised by the Attorney General.
VOLUSIA COUNTY - File No. 1551-64-253.12. On motion made by Mr.
Dickinson, seconded by Mr. Conner and adopted unanimously, the
Trustees authorized issuance of $50.00 refund, the amount submittej
on August 6, 1964, by Raymond, Wilson, Karl and Conway on behalf
Waterways Estates, Inc., with the above numbered application to
purchase two parcels of submerged land in the Halifax River in
City of Port Orange in Volusia County. The application was nol
completed and had been declared inactive >y the Staff.
On motion duly adopted, the meeting
ATTEST
DIRECTOR - SECRETARY
7-18-67
- 253 -
Tallahassee, Florida
July 25, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr. Governor
Fred 0. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Earl Faircloth Attorney General
Robert C. Parker Director
On motion duly adopted, the Trustees approved the minutes of the
meeting of July 18, 1967.
PASCO COUNTY - File No. 774-51-253.12. Block M Incorporated, a non-
profit corporation composed of investors and purchasers from Gulf
Land Enterprises, Inc., and/or V. M. Clark, Jr., applied for reacti-
vation of contract to purchase from the Trustees the remaining 46.11
acres of submerged land which was a portion of the Contract No.
22951 cancelled by the Trustees. The history of the land purchase
was explained as follows.
On March 28, 1961, the Trustees sold to Gulf Land Enterprises, Inc.,
abutting upland owner, 93.0 acres of submerged land in the Gulf of
Mexico in Sections 32 and 33, Township 24 South, Range 16 East, in
Pasco County landward of the established bulkhead line, at $150.00
per acre. No protests were received to the sale. On March 30, 1961,
the Trustees entered into purchase contract with Gulf Land Enter-
prises, Inc., for sale of the 93 acres and on December 12, 1961, that
firm assigned its contract to V. M. Clark, Jr. On January 9, 1962,
Mr. Clark requested deed to 13.15 acres (about 14% of the contract
area) and offered to make prepayment of $500.00 on the balance due
on Contract No. 22951. Mr. Clark reported that approximately 49
acres of the 80 acres to remain under contract was filled and acces-
sible by road. Total purchase price for the 93 acres was $13,950.00
plus interest, of which $4,831.24 was paid. The Trustees conveyed
the 13.15 acres in Deed No. 2295 1-A dated February 5, 1962.
Sometime in late 1962 or early 1963 Mr. Clark, after entering into
agreement for deed with many people whereby he would sell finished
waterfront lots, found himself in financial difficulties. He had
made 4 payments on the contract which was declared forfeited and
cancelled by the Trustees on September 3, 1963, by reason of failure
of the contract holder to pay the fifth installment of principal
and interest due March 30, 1963, in the sum of $1,343.74 plus penalty
interest. Purchasers under the agreements for deed with Mr. Clark
lost cash equities amounting to many thousands of dollars.
A portion of the land under the original contract was involved in
a mortgage foreclosure action brought by Benjamin Berkowitz.
Parcels had been sold to several persons, Mr. Berkowitz held a
mortgage, and under the provisions of the final decree in the fore-
closure suit he was required to honor the rights of redemption as
to those persons. He offered $150.00 per acre (the original selling
price) for 33.71 acres partially developed and platted in Section
33, Township 24 South, Range 16 East, and the Trustees on March 23,
1965, sold the 33.71 acres to Mr. Berkowitz so that purchasers of
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lots in this portion of the original contract could perfect their
titles. Trustees' Deed No. 24219(774-51) was dated February 23,
1966.
Approximately 46.11 acres of the original contract land remained vested
in the Trustees. The area was unsightly, abandoned by Mr. Clark
after partial development and containing stockpiles of dredged
material to be levelled to grade. To permit purchasers from Gulf
Land and/or Mr. Clark to recoup their investments. Block M Incorpo-
rated was formed in the latter part of 1964, met regularly, and had
been in communication with the Trustees' office and the Florida
Installment Land Sales Board in Tampa. The Staff recommended approval
of the application for reactivation of the purchase contract on the
same terms, at $150.00 per acre for the 46.11 acres.
Board of Conservation reported that the tract had been largely
dredjed and filled, or affected by filling, that undisturbed sections
of the bottom were largely unvegetated or rocky, and that sport
fishing v/as done along dredge canals there at Hudson Beach. It was
not a nursery or commercial fishing ground.
The Trustees raised the question of possible enhancement in value
since the original sale. The Director was of the opinion that
there had not been an increase in value and that the 125 or more
purchasers of lots had an equity. Leon vVhitehurst, Jr., the attorney
for the non-profit corporation, said that land values had a marked
decrease in 1961 and to this date, that the abandoned project was
unsightly to both local residents and visitors to the general area,
and that by self-help his clients had formed the corporation and
were asking the state to permit them to purchase the balance of the
contract on the same terms so that the blighted area might be
developed into usable land. The file contained letters supporting
completion of the development from the Board of County Commissioners,
from County Commissioners of the Third and Fifth Districts (west
coast of the county), and from members of the community of Hudson.
Attorney General Faircloth said there might be some legal questions
involved. He felt that the applicants had a strong equity and
under the circumstances he made a motion that the Trustees sell the
land at the $150 per acre price.
Mr. Dickinson concurred because in his opinion the facts in the
case indicated that an inequity v/ould result if the board did not
approve. He suggested establishment of a policy as to future
renewals although exceptions could be made.
On the motion made by Mr. Faircloth, seconded by Mr. Dickinson and
unanimously adopted, the Trustees authorized reactivation of the
contract on the same terms, in favor of Block M Incorporated for
purchase of the 46.11 acres of land.
The Trustees discussed the current policy of allowin-j purchasers to
pay on a contract plan for anything over $1000.00, by making a 25>i
downpayment and nine (9) semi-annual payments at 6% interest. The
Director said there were no other sales in the condition of the
Gulf Land-Clark sale and only a very few in the past, that the
Trustees in contract sales had a 25% equity and still held title
to the land until issuance of the deed upon payment of the full
contract amount. He advised the Governor that about half of the
sales made v/ere paid for under the contract plan.
Attorney General Faircloth said that he VN^ould like the Trustees to
jive future consideration to the advisability of engaging in
installment land sales, and raised the question of requiring proof
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of financial responsibility from purchasers. He said the Trustees
might change this policy and that he was preparing some regulations
for procedures to be followed under the new legislation (H. B. 1207
which became law on July 14, 1967) and also other matters of policy,
The Director said the Staff had been thinking in terms of getting
interpretation of some of the terms of the act before recommending
changes in the rules.
After considerable discussion, no formal action was taken on the
method of payment for land sales but the matter was taken under
advisement.
PINELLAS COUNTY - File No. 1997-52-253.12. Application was made by
Union Trust National Bank on behalf of Harold C. Anderson et ux,
Robert O. Koehler et ux, Vance D. Bishop et ux, Elizabeth D. Rankin,
Grover VJ. Austin, and Gordon M. Nichols et ux, abutting upland
owners, v/ho offered $500.00 per acre, approved by Staff Appraiser,
for 6 parcels of submerged land containing 3.48 acres, more or less,
in Boca Ciega Bay in Section 13, To^smship 31 South, Range 15 East,
in the City of St. Petersburg, Pinellas County, landward of the
established bulkhead line. Parts of the parcels were inadvertently
filled in 1961 without a dredge and fill permit, as a result of
unauthorized spoiling during the construction of the Florida Inland
Waterway. The upland owners desired to correct the error and secure
title to the land out to the bulkhead line. The Director said that
areas filled out beyond the bulkhead line vsrould be removed.
Pinellas County Water and Navigation Control Authority advertised
the land, approved the purchase applications in meeting on June
13, 1967, and transcript of the county hearing cited no objection
to the sale. The Staff recommended approval of the sale.
The biologist of the Board of Conservation reported that the sub-
merged bottoms of those areas not filled were not grassy nursery
or fishing grounds and offered no objection to the sale.
Motion was made by Mr. Williams, seconded by Mr. Faircloth and
adopted unanimously, that the Trustees confirm sale of the 3.48
acres at the appraised price.
MONROE COUNTY - File No. 1976-44-253.12. Bailey-Mooney-Post Asso-
ciates, Inc., on behalf of Whitney Bourne Atwood, abutting upland
owner, offered $425.00 per acre, the value approved by the Staff
Appraiser, for purchase of a parcel of submerged land in the Bay of
Florida in Section 28, Township 63 South, Range 37 East, containing
0.25 acre at Upper Matecumbe Key in Monroe County. Biological
report from the Board of Conservation offered no objection to sale
of the parcel, and the Staff recommended advertisement for objections
only.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted unanimously, that the land be advertised for objections only.
MONROE COUNTY - File No. 1995-44-253.12. Old Island Development,
Inc., abutting upland owner, offered the appraised price of $1000.00
per acre for purchase of a parcel of submerged land in Key West
Harbor abutting uplands on the Island of Key rfest in Township 67
South, Range 25 East, in Monroe County. The biological report
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offered no objections to sale of the parcel, and Staff recommended
advertisement for objections.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the land be advertised for objections only.
MONROE COUNTY - File No. 1912-44-253.12. Dr. Russell L. Scholl,
abutting upland owner, offered $425.00 per acre, approved by the
Staff Appraiser, for purchase of a parcel of submerged land in the
Bay of Florida in Section 5, Township 66 South, Range 33 East,
containing 0.21 acre at Crawl Key No. 3 in Monroe County.
Biological report from the Board of Conservation based on a survey
of the area completed in July of this year showed the small parcel
to be a nursery area and feeding ground. However, because of the
physical location and small size of the parcel (part of former
railroad right of way) the Scaff thought it would be in the best
interests of the community for the "pocket" to be filled and
developed. v;hen the submerged area to the north, previously sold,
was filled the subject parcel would create a very undesirable
stagnant pocket if not filled. There was very little tidal action
in the general area. Staff recommended advertisement for objections.
Motion was made by Mr. Dickinson, seconded by Mr. VJilliams and
adopted unanimously, that the parcel be advertised for objections
only.
MONROE COUNTY - File No. 1999-44-253.12. Bailey-Mooney-Post
Associates, Inc., on behalf of J. H. Loverin, abutting upland owner,
offered $425.00 per acre, value approved by Staff Appraiser, for
purchase of a parcel of submerged land containing 0.90 acre in
Blackwater Sound in Section 14, Township 61 South, Range 29 East
at Key Largo in Monroe County.
Biological report from the Board of Conservation, based on a survey
of the area completed in July of this year, showed the parcel to
be a nursery area and feeding ground for marine life. However,
because of the physical location and small size of the parcel the
Staff thought it would be in the best interests of the community
for the "pocket" to be filled and developed. When the submerged
lands on both sides, previously sold, were filled and developed,
the subject parcel would create a very stagnant and undesirable
pocket if not filled. There was very little tidal action in the
area. Staff recommended advertisement for objections.
Motion vs^as made by Mr. Williams, seconded by Mr. Dickinson and
adopted unanimously, that the parcel be advertised for objections
only.
MONROE COUNTY - Four applications to purchase parcels of submerged
land were submitted with recommendation for denial and refund of
the application fee. The Staff had referred the applications to the
Board of Conservation for biological report and a survey made by
the biologist in July 1967 of the four areas sought to be purchased
showed the submerged land to be excellent nursery areas and feeding
grounds for marine life and that sale and subsequent development of
the parcels would not be in the best interests of conservation of
Florida's marine resources.
On motion made by Mr. Faircloth, seconded by Mr. Williams and adopted
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without objections, the Trustees denied the applications and
authorized issuance of refund of the $50.00 fee for each of the
following applications, and refund of the amount of $122.50 tendered
as cash for deed by the applicant in File No. 1988-44-253.12:
1. File No. 1825-44-253.12. Strand Theatre of Key West, Inc.,
the abutting upland owner, offered $300.00 per acre for a
parcel of submerged land containing 4.48 acres in Bogie
Channel in Section 25, Township 66 South, Range 29 East, Big
Pine Key, Monroe County. $50.00 application fee submitted
by applicant v\;as received on April 12, 1965.
2. File No. 1936-44-253.12. Harold F. Buckmaster, et ux, the
abutting upland owners, offered $300.00 per acre for a parcel
of submerged land containing 0.59 acre in Bogie Channel in
Section 19, Township 66 South, Range 30 East, No Name Key,
Monroe County. $50.00 application fee submitted by appli-
cants was received on April 13, 1967.
3. File No. 1988-44-253.12. G. B. Adams on behalf of Earl Keene,
abutting upland owner, offered $350.00 per acre for a parcel
of submerged land containing 0.35 acre in Buttonwood Sound
inSoction 28, Township 51 South, Range 39 East, Key Largo,
Monroe County. $50.00 application fee submitted by appli-
cant was received on April 19, 1957, and also $122.50 tendered
as cash for deed.
4. File No. 1973-44-253.12. Klements and Associates on behalf
of George M. Wilson, abutting upland owner, offered $250.00
per acre for a parcel of submerged land containing 2.20 acres
in the Atlantic Ocean in Section 29, Township 50 South, Range
40 East, Key Largo, Monroe County. $50.00 application fee
was submitted by applicant and received on February 20, 1967.
MONROE COUNTY - File No. 491-44-253.12. The application of Sea
Farms, Inc., for 9.99 acres of submerged land in the Bay of Florida
in Section 5, Township 55 South, Range 28 East, Tarpon Belly Keys in
Monroe County, was listed on the agenda on this date, but was
withdrawn for further study.
LAFAYETTE COUNTY - The Florida Board of Forestry requested the
concurrence of the Trustees and the Governor in the sale of a surplus
six-acre fire tower site approximately 5 miles northwest of Mayo,
Florida, in Lafayette County. Prior to advertising for bids the
Forestry Board contacted all state agencies for possible use of the
land. No need having been reported, appraisal was made and the land
offered to the high bidder with a base or starting bid of $200.00
per acre. A high bid of $328.00 per acre was received from Talmadge
Lawson of Mayo, Florida. Staff recommended concurrence as required
by Section 589.10 Florida Statutes.
On motion by Mr. Faircloth, seconded by Mr. '/Villiams and adopted
unanimously, the Trustees and the Governor concurred in the sale
of the surplus property by the Florida Board of Forestry.
PALM BEACH COUNTY - George H. Salley, representing Talisman Sugar
Corporation, requested the concurrence of the Trustees in a proposed
loan to be secured by the. leasehold interest held by Talisman in
Agricultural Lease No. 2051 to the Northwestern Mutual Life Insurance
Company. Staff recommended concurrence.
7-25-67
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On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted
unanimously, the Trustees concurred as requested.
CITRUS COUNTY - E. M. Nickerson of Gainesville, Florida, applied
for after-the-fact dredge and fill permit to remove 1,500 cubic
yards of material from Lake Tsala Apopka in Citrus County. The
material was used to improve his upland property. Staff recommended
acceptance of payment tendered by the applicant in the amount of
?75.00, at 5* per cubic yard.
On motion by Mr. Williams, seconded by Mr. Dickinson and adopted
unanimously, the Trustees approved after-the-fact permit to Mr.
Nickerson.
HIGHLANDS COUNTY - Demo Mandis of Avon Park, Florida, applied for
after-the-fact dredge and fill permit and after-the-fact dock
permit. He removed 772 cubic yards of state-owned lake bottom
material from Lake Letta in Highlands County to improve his upland
property and constructed a dock without a permit. Staff recom-
mended acceptance of the amount of $48.60 tendered by the applicant
as payment for the material and dock permit.
On motion by Mr. v;illiams, seconded by Mr. Dickinson and adopted
unanimously, the Trustees approved the tv/o after-the-fact permits.
LEE COUNTY - Bulkhead Line. Dr. M. Lee Pearce, attorney for Gulf
American Corporation, requested a place on the agenda and a hearing
by the Trustees, and had placed a notice in the local nev/spaper of
a hearing on this date by the Trustees with respect to a bulkhead
line. Dr. Pearce filed a petition with the Staff on June 22, 1967,
requesting the Trustees to set a bulkhead line along the eastern
shore of Matlacha Pass and Charlotte Harbor in Sections 2, 11, 12
and 13, Township 44 South, Range 23 East, and in Sections 14, 23,
26 and 35 in Township 43 South, Range 22 East, Lee County. The
basis for the filing of this petition for the Trustees to set the
line v/as the failure of the Board of County Commissioners o; Lee
County to set a line v;ithin 60 days after application was filed by
these owners, and Dr. Pearce was attempting to invoke the provisions
of Chapter 253.122(3) Florida Statutes.
The Staff reviewed the petition and the bulkhead line as shown on
the map attached to the petition, and it was learned that this line
had not been submitted to the Board of County Commissioners of Lee
County and was substantially different from the line considered
by the local governmental agency. Upon making this determination,
the Staff advised Dr. Pearce that his petition failed to meet the
requirements of the language set forth in Section 253.122(3)
Florida Statutes and consequently, it would not be appropriate for
the Trustees to have a public hearing on this date as he had
advertised .
Subsequent to the filing of the petition. Staff was advised that
the local governmental agency did on Wednesday July 19, 1967, set
a bulkhead line along the area, the location of which was one (1)
foot off the line of mean high water. On July 24 the Trustees'
office received from Lee County a copy of the bulkhead line resolu-
tion adopted on July 19, which found the line desired by the
petitioner unreasonable and contrary to the public interest, and
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set the bulkhead line one (1) foot offshore from the mean high
water line of the property owned and described in the notice. By
letter dated July 21 the county asked to be allowed to have legal
representation at any hearing of the Trustees on the bulkhead line.
The Director had advised Dr. Pearce that he did not think the statu-
tory requirements had been complied with and that Assistant Attorney
General T. T. Turnbull concurred. Mr. Turnbull was handed the copy
of the July 19th Lee County resolution, and after examination, he
said that his position was that Dr. Pearce had only the right, and
was so informed, to be present and ask for a hearing date. Since
the action by the county on the one foot offshore bulkhead line,
in his opinion Dr. Pearce had nothing to present and could only be
present and object to the line set by the county when the Trustees
considered that line.
Mr. Dickinson expressed the opinion that it was legally improper
and unfair to give the applicant a hearing at this time, and then
he would have to come back again. Mr. Faircloth agreed, pointing
out that under the provisions of the law, when the local authority
considers an application and refuses to act on it, then the appli-
cant has the right to petition the Trustees. He said that the county
on July 19 had set the line one foot offshore, and the petitioner
was here on behalf of a particular line that he wanted but which
the county refused to set. Instead the county set another line,
and the Staff had determined that the line Dr. Pearce desired to
present on this date was a different line substantially.
Dr. Pearce stated his position as follows: He was ready to ask the
Trustees to set a bulkhead line on this date, he had followed the
necessary procedure, in his opinion jurisdiction for setting the
line had vested in the Trustees upon the filing of his petition
before the county action of July 19, he had been present and objected
vigorously at that county hearing, he thought that no one could say
where the bulkhead line one foot offshore was located, and he
objected to the whole hearing as it had occurred on this data but
felt that was a matter under the jurisdiction of the Board.
Governor Kirk said he realized Dr. Pearce thought he had followed
the necessary procedure but that under the circumstances the Board
would not be able to make a decision on the bulkhead line. He would
have a right to appear when the Trustees considered the Lee County
proposal, Mr. Faircloth said. When asked the date, the Director said
he thought it should not be presented until the county had furnished
a map on which the location of the bulkhead line set on July 19 could
be determined, that normally there would be a map sxiowing the loca-
tion of a line being considered. He said that in this case it v/ould
be difficult to locate the line because of the difficulty and enjineer-
ing cost of locating the mean high water line in the area.
The Trustees informed the petitioner that he would be notified of the
date when the bulkhead line would be considered. No further action
was taken.
MONROE COUNTY - Ernest Leder of Marathon, Florida, applied for a
permit to dredge a navigation channel in Sections 19 and 30, Township
55 South, Range 34 East, Monroe County. The Trustees' policy is to
permit excavation of navigation channels without charge, up to 50
feet wide and 5 feet deep for a length necessary to reach navigable
water. The applicant's proposed channel southerly of Grassy Key in
Hawk Channel greatly exceeded these dimensions, and he tendered
payment at 5<? per cubic yard in the total amount of $2,222.22 as
payment for the 44,444.44 cubic yards of material that would be
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obtained from the overcut. Staff reconunended approval. The Director
said there was no conservation problem, and the dredging was for
navigation.
Motion was made by Mr. Williams, seconded by Mr. Dickinson and
adopted unanimously, that issuance of the requested permit be
authorized for the amount offered as payment for the material.
OKEECHOBEE COUNTY - Central and Southern Florida Flood Control Dis-
trict made application for additional right of way in connection
with Structure 133 located in Lake Okeechobee covering 1.72 acres in
Section 35, Township 37 South, Range 35 East, Okeechobee County.
All affected state resource agencies were consulted and acquiesced
in the proposed work. Staff requested authority to issue the
easement.
Motion was made by Mr. VJilliams, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees authorize issuance of ease-
ment to the District for the right of way as requested.
PINELLAS COUNTY - Pinellas County made application for an artificial
reef permit for construction off Bellair Beach in the Gulf of Mexico
at Latitude 27° 55.6' and Longitude 83° 01.4' approximately 8 miles
offshore in 40 feet of water. The Board of Conservation recommended
the project. The Staff recommended that the $50.00 processing fee See
be waived for the county application. Minutes
8-22-67
Motion was made by Mr. V^^illiams, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees authorize issuance of the
artificial reef permit to the Board of County Commissioners of
Pinellas County without the usual charge.
SARASOTA COUNTY - File No. 2016-58-253.12(1) Evans, Thomas, Boylston
and Johnson on behalf of Searcy G. Koen, et ux, made application
for conveyance under the provisions of Section 253.12(1) Florida
Statutes of a parcel of sovereignty land in Little Sarasota Bay in
Section 18, Township 37 South, Range 18 East, Sarasota County, con-
taining 8.1 acres which was filled subsequent to May 29, 1951, and
prior to June 11, 1957. Applicant offered the appraised value of
$200.00 per acre, being the value of the submerged land as it existed
prior to filling. Staff recommended issuance of the instrument at
the meeting last week. The Attorney General had asked for a week's
deferment pending his review of questions regarding new laws.
Mr. Faircloth said that September 1st was the date on which the
law became effective placing all seven members of the Cabinet on
the Trustees and requiring five votes for sale of submerged land.
He said that this application was in order.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted
unanimously, the Trustees authorized issuance of the instrument
under Section 253.12(1) as recommended.
TRUSTEES' FUNDS - On June 16, 1967, the Canal Authority of the
State of Florida adopted a resolution requesting the Trustees to
advance an amount not to exceed $1,600,000 as needed by the Authority,
to be repaid on or before 5 years from the date of the loan agreement
7-25-67
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with interest at 3%J^ per annum. This advance would be in addition
to the amount of $1,200,000 loaned to the Authority by a loan agree-
ment entered into between the Trustees and the Canal Authority on
August 4, 1964, whereby funds would be advanced in an amount not to
exceed $1,200,000 to be used for purchase of rights of way for
construction of the Cross-Florida Barge Canal, to be repaid on or
before 5 years at 3% per annum, the loan to be secured by the pledge
of excess property owned by the Authority which was appraised by the
Staff Appraiser of the Trustees at $1,500,000. The total amount of
this loan had been advanced.
In view of the higher yield now being enjoyed on the more recent
investments of Trustees' funds, the Staff suggested to Roger Bachman,
Director of Waterways Development Division of the State Board of
Conservation, that an interest rate of 4%% would not be unreasonable.
However, the Canal Authority then offered only 4%. The request for
this additional loan did not suggest a pledge of any property owned
by the Canal Authority as collateral.
In view of the commitments made by our state officials in making
requests for funds from the federal government for construction of
the canal facility wherein the State of Florida was committed to
provide funds for the acquisition of all needed rights of way for
this Cross-Florida Barge Canal construction, the Staff recommended
approval of the loan, not to exceed $1,600,000, at an interest rate
to be left to the discretion of the Trustees. It was called to the
Trustees' attention that the loan to the Florida Industrial Commis-
sion approved November 15, 1966, for an amount not to exceed $440,000
carried an interest rate of 4%%.
Mr. Dickinson said he thought the Trustees should ask 4^. When the
question of collateral was raised, the Director said that the Canal
Authority had offered none. Mr. Williams mentioned the loan previously
made to the Board of Regents, not repaid (see minutes of June 20,
1967) .
Director Randolph Hodges of the Board of Conservation said that with
the present levy, the Canal Authority will completely pay off both
loans by 1973.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and adopted
unanimously, that the Trustees approve the advance of an additional
loan to the Canal Authority of the State of Florida at 4%% in an
amount not to exceed $1,600,000, this approval being the basis for
a loan agreement to be entered into between the Trustees and the
Canal Authority which would define the obligations of the parties to
the contract with respect to this loan.
SUBJECTS UNDER CHAPTER 18296
REFUNDS - Staff requested authority to refund the amount of $10.00
submitted by Winifred Hayes, applicant for release of the state road
right of way reservation contained in Hillsborough County Murphy Act
Deed No. 392, for the reason that the State Road Department did not
recommend release of the road reservation affecting the land in said
deed. The state road right of way reservations were placed in
Murphy Act deeds for the benefit of the State Road Department, and
the Director said that the Trustees' office merely processed requests
for release of the reservation for the Road Department. When the
Road Department wishes to retain the reservation for future road
needs, the Trustees' office does not release it as to that particu-
lar land.
7-25-67
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Motion was made by Mr. Faircloth, seconded by Mr. Williams and
adopted unanimously, that the amount of $1Q/
applicant.
On motion duly adopted, the meeting
ATTEST
DIRECTOR - SECRETARY
Tallahassee, Florida
August 1, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr.
Fred 0. Dickinson, Jr ,
Broward Williams
Earl Faircloth
Governor
Comptroller
Treasurer
Attorney General
Robert C. Parker
Director
On motion, duly adopted, the Trustees approved minutes of the
meeting of July 25, 1967.
MONROE COUNTY - File No. 1975-44-253.12. On July 18 the Trustees
considered the application from Phillips Surveying on behalf of
FEB Corporation, the abutting upland owner, to purchase a tract of
submerged land in the Bay of Florida lying northerly of and abutting
Wisteria Key in Township 67 South, Range 25 East, 125.05 acres, more
or less, lying northwesterly of the Island of Key West in Monroe
County. Attorney General Faircloth had asked for deferment and
further information.
The configuration of the tract sought for purchase was a modifica-
tion of the original application for 170 acres, in order to conform
to the suggestions of the biologist of the Board of Conservation.
The Staff was advised by the applicant that the material for the
development of the area would be taken from the channel and canals
and no dredging outside of the boundaries of the subject parcel was
anticipated except possibly two or three navigation channels.
The Director explained again that the applicant offered $300.00 per
acre, approved by the Staff Appraiser, which was the value set for
land in the zone under condemnation by the U. S. Navy, although an
appraisal made by the Navy was $100.00 per acre.
- 263 -
8-1-67
Motion was made by Attorney General Faircloth, seconded by Mr.
Dickinson and adopted unanimously, that the land be advertised for
objections only.
MANATEE COUNTY - Bulkhead Line. The Board of County Commissioners
of Manatee County referred to the Trustees for consideration and
approval a bulkhead line adopted by the county on June 13, 1967-
All required exhibits were furnished and there were no objections
at the county public hearing. The bulkhead line was located along
the north shore of Warners East Bayou and the south shore of the
Manatee River, from Harbor Road (6th Avenue N.W.) to the west city
limits of Bradenton (34th Street W.), to include McLewis Bayou, and
was in Sections 20, 28 and 29, Township 34 South, Range 17 East,
Manatee County.
Staff of the Board of Conservation recommended approval of the
bulkhead line. Trustees' Staff recommended approval.
Motion was made by Mr. Williams, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees approve the bulkhead line
established by the Board of County Commissioners of Manatee County
by Resolution dated June 13, 1967.
FRANKLIN COUNTY - The Florida Board of Forestry requested the con-
currence of the Trustees and the Governor, pursuant to Section
589.10 Florida Statutes, in return of a surplus 11-acre tower site
to St. Joe Paper Company, successor to Apalachicola Properties, Inc.
for no consideration, in accordance with the policy of that Board.
The property known as Odena Towersite was obtained in 1937 from
Apalachicola Properties, Inc., at no cost or a nominal cost to the
State. A more desirable location has now been provided by St. Joe
for relocation of the tower on a long-terra lease at no cost, and the
Board of Forestry recommends return of the surplus site and adver-
tised its intent, receiving no objections. The office of the Attorney
General reviewed and approved the matter.
Motion was made by Mr. Faircloth, seconded by Mr. Williams and
adopted unanimously, that the Trustees and the Governor concur in
return of the surplus tower site, as requested by the Board of
Forestry.
DADE COUiSTTY - Request was made by S. Lee Crouch, attorney for Sunny
Isles Reclamation and water Control Board, a Drainage District
created pursuant to Florida Statutes, Chapter 298, that the Trustees,
as the Board of Drainage Commissioners of the State of Florida,
approve issuance of bonds of said drainage district in order to
carry out the District's Plan of Reclamation, shown in the minutes
of the meeting of supervisors of the district held on June 2, 1967,
in Resolution No. 1 as bonds in an amount not to exceed $2,650,000.00
Such approval was required under provisions of Section 298.47,
Florida Statutes.
The Director called attention to the fact that the statute named
the five cabinet officials who were Trustees of the Internal improve-
ment Fund as Drainage Commissioners, and the 1967 legislation v/hich
named all seven cabinet officials as Trustees did not include the
additional cabinet members as Drainage Commissioners.
The Trustees examined a map of the area in the Drainage District,
located in North Dade County near Hallandale. The Plan of Reclama-
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tion had been before the Circuit Court of the Eleventh Judicial
Circuit which made a determination that the value to be received
from the improvements would offset the money to be expended, Mr.
Parker stated.
Motion was made by Mr. Faircloth, seconded by Mr. Williams and
adopted unanimously, that the Trustees, in their official capacity
as the Board of Drainage Commissioners of the State of Florida,
under the provisions of Section 298.47 Florida Statutes, approve
issuance of bonds in an amount not to exceed $2,650,000.00 by Sunny
Isles Reclamation and Water Control Board.
HILLSBOROUGH COUNTY - Request was received from Joanne E. Blackburn,
Secretary of the Board of Supervisors of Southwest Tampa Storm
Sewer Drainage District, on behalf of said district, that the
Trustees, as the Board of Drainage Commissioners of the State of
Florida, appoint Lem P. Woods to succeed himself as supervisor for
a three-year term from the expiration of his current term on July
28, 1967. This was recommended by the fifty landowners attending
the meeting of the District which was held on July 24, 1967, for the
purpose of electing a supervisor; however at said meeting there
was less than a quorum of owners present, less than fifty per cent
of the land in the District was reprsented, and no legal election
could be had.
Motion was made by Mr. Faircloth, seconded by Mr. Williams and
adopted unanimously, that the Trustees, in their official capacity
as the Board of Drainage Commissioners of the State of Florida,
under the provisions of Section 298.12 Florida Statutes, appoint Lem
P. Woods as a supervisor of said District for a term of three years.
PINELLAS COUNTY - The Pinellas County Water and Navigation Control
Authority, on behalf of two applicants, submitted to the Trustees
requests for state commercial dock permits. All required exhibits,
including $100 processing fee from each applicant, were submitted
and the Staff recommended approval of the following applications:
1. W. Paul Resop (Velvet Cloake Apartments) applied for a
permit authorizing construction of a dock in Tampa Bay
at 650 Pinellas Point Drive South, St. Petersburg.
2. Edward Brockman (Lake Tarpon Mobile Homes, Inc.) applied
for permit for a floating dock in Lake Tarpon at Lake Tarpon
Mobile Home Village on U. S. Highway 19, Palm Harbor, in
Sections 29 and 30, Township 27 South, Range 16 East,
Pinellas County.
On motion made by Mr. Faircloth, seconded by Mr. Williams and
adopted unanimously, the Trustees authorized issuance of the two
state commercial dock permits.
TRUSTEES' OFFICE - Printing . In order to comply with the new legis-
lation increasing the membership of the Trustees, it was necessary
for the Trustees' office to have new stationery and deed forms
printed. New forms were reviewed and approved by the office of the
Attorney General and bids were invited pursuant to law and approval
of the Purchasing Commission. Of the seven printers responding,
only the following two submitted bids according to the specifications;
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265 -
Van Norren Printers, Inc.
The Drummond Press
$644.72
779.00
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
unanimously, the Trustees accepted the low bid from Van Norren
Printers, Inc., for the printing of stationery and deed forms for
the office.
SUBJECTS UNDER CHAPTER 18296
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the Trustees approve Report No. 913 listing
two (2) regular bids for sale of land in Marion and Okaloosa Counties
under provisions of Chapter 18296, the Murphy Act, and authorize
execution of deeds pertaining thereto.
On motion duly adopted, the meeting wa^ adijoCirned
ATTEST
DIRECTOR - SECRETARY
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Tallahassee, Florida
August 8, 1967
The Trustees of the Internal Improvement Fund met on this date in the
Board Room of the office of the Governor, in the Capitol.
Present!
Claude R. Kirk, Jr.
Fred O. Dickinson, Jr.
Broward Williams
Earl Faircloth
Governor
Comptroller
Treasurer
Attorney General
Robert C. Parker
Director
On motion duly adopted, the Trustees approved the minutes of the
meeting held on August 1, 1967.
DUVAL COUNTY - File No. 2003-16-253.12. On June 27, 1967, the Trustees
considered the application from the Jacksonville Port Authority for
conveyance of fee title to five (5) parcels of submerged land compris-
ing 127.23 acres, more or less, in St. Johns River in Section 25,
Township 1 South, Range 27 East, and in Sections 18, 19, 20, 29 and
30 in Township 1 South, Range 28 East, Blount Island, landward of the
bulkhead line approved by the Trustees on June 27, 1967, in Duval
County. The Port Authority request was for public purposes only under
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the provisions of Chapter 63-1447, Laws of Florida, Acts of 1963.
The land was advertised for objections only in the Florida Times
Union, proof of publication filed and no objection received.
The Board of Conservation reported with reference to the bulkhead
line that no harm to marine resources would result from development
within the line.
The applicant agreed to pay the advertising cost. Staff recommended
conveyance for public purposes only, for improvement and develop-
ment of the public port facilities.
Motion was made by Mr. Williams, seconded by Mr. Faircloth and
adopted unanimously, that the advertised parcels be conveyed to the
Jacksonville Port Authority for public purposes only under the pro-
visions of Chapter 63-1447, Laws of Florida.
PINELLAS COUNTY - File No. 2014-52-253.12. Bulkhead Line, Land Sale,
and Fill Permit. The Pinellas County Water and Navigation Control
Authority in meeting on June 6, 1967, approved a revised bulkhead
line, an application to purchase land within that line by Andrew E.
Mann and wife, Walter Smith and wife, and Col. M. W. Reed, abutting
upland owners, and also approved dredge and fill permit. No objec-
tions were cited in the transcript of the county hearing, which
stated that the Board of Conservatiai biologist approved the proposed
filling as beneficial to the area and recommended the bulkhead line,
reported that it was not a grassy nursery ground or sport or
commercial fishing habitat and that the submerged land within the
bulkhead line lay in a pocket between two filled sections of the
Treasure Island shoreline.
The Pinellas Authority had advertised the land, all required
exhibits were furnished, and there were no objections. The above-
named upland owners offered $1,150.00 per acre, value approved by
the Staff Appraiser, for three (3) contiguous parcels landward of
the relocated bulkhead line in Blind Pass in Section 25, Township 31
South, Range 15 East, in the City of Treasure Island, Pinellas
County, containing a total of 0.71 acre, more or less.
Staff recommended approval of the bulkhead line as relocated in
Blind Pass in Section 25, Township 31 South, Range 15 East, and
also recommended the sale and approval of dredge and fill permit
under the provisions of Section 253.124 Florida Statutes.
Attorney General Faircloth moved adoption of the staff recommenda-
tion, but he called attention to the rules and regulations now being
revised to implement provisions of recent legislation and asked if
a development plan had been filed for this application. The Director
said the Staff did not anticipate development plans being required
for such small parcels, in this case a total of 0.71 acre for
three owners.
Motion was made by Mr. Faircloth, seconded by Mr. Williams and
adopted unanimously, that the Trustees approve the bulkhead line
as relocated by Pinellas County Water and Navigation Control Author-
ity on June 6, 1967, confirm sale of the three contiguous parc'2ls
of submerged land to the abutting upland owners at $1150.00 per
acre, and approve the dredge and fill permit.
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BREVARD COUNTY - Bulkhead Line. The City Council of the City of
Eau Gallie referred to the Trustees for approval a bulkhead line
established by City Ordinance No. 67-5 adopted on May 22, 1967. The
bulkhead line was located offshore in the Indian River in Sections
5, 8, 9, 16, 20, 21, 22 and 28 in Township 27 South, Range 37 East,
and in Section 32, To^vmship 26 South, Range 37 East, in Brevard
County. All required exhibits were furnished, there were no objec-
tions at the local hearing, and the Staff of the Board of Conservation
recoinmended adoption of the line.
On motion by Mr .Faircloth, seconded by Mr. Williams and adopted
unanimously, the Trustees approved the bulkhead line established by
the City of Eau Gallie from the south city limit line to the north
city limit line approximately one foot offshore from any existing
lands bordering on the navigable waters within the corporate limits
of the city.
PASCO COUNTY - File No. 2006-51-253.12. J. D. Brown, the abutting
upland owner, applied to purchase a tract of submerged land in the
Gulf of Mexico in Section 32 and 33, Township 24 South, Range 16
East, containing 77.77 acres landward of the established bulkhead
line in Pasco County. The applicant offered $200.00 per acre, the
appraised value.
The biological report stated that dredging and filling according to
the development plan would not materially affect marine resources in
the tract which was described as rocky, bare bottom except for small
patches of seagrass near the western limit, with no commercial
fishing in the shallow area and sport fishing only in a canal
bordering the parcel and the long fill to the north.
On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted
unanimously, the Trustees authorized advertisement of the tract for
objections only.
SHELL LEASES - On motion by Mr. VJilliams, duly adopted, the Trustees
accepted as information the following report of remittances received
by the Florida Board of Conservation from holders of shell leases:
Lease No. Name of Company Amount
1718 Radcliff Materials, Inc. $12,476.34
1788 Benton and Company, Inc. 6,692.74
1788 Benton and Company, Inc . (Arrears) 4,466.66
2233 Bay Dredging and Construction Co. 6,885.24
2235 Fort Myers Shell and Dredging Co. 492.90
GLADES COUNTY - Lease. Lykes Bros., Inc., holder of Grazing Lease
No. 2130 expiring on August 25, 1967, applied for one-year renewal
on the same terms and conditions. Annual lease rental on the 148
acres of land in Section 34, Township 40 South, Range 32 East, in
Glades County, was increased to $3.00 per acre following appraisal
in 1965. The lease contains provision allowing Trustees to cancel
after 90-day notice. The Staff recommended renewal.
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted
unanimously, the Trustees approved renewal of the lease for one
year .
J-8-67
- 268 -
BREVARD COUNTY - File No. 2017-05-253.129. On motion by Mr. Dickin-
son, seconded by Mr. Williams and adopted unanimously, the Trustees
authorized issuance of a disclaimer under the provisions of Section
253.129 Florida Statutes, covering 0.83 of an acre, more or less, of
sovereignty land in Section 3, Township 22 South, Range 35 East, in
the City of Titusville, Brevard County, which was filled prior to
May 29, 1951, for $10.00 charge which was remitted by John W. Scruggs,
Jr., attorney on behalf of Riverbank Corporation.
DADE COUNTY - Southern Bell Telephone & Telegraph Company requested
the use of 1.0 acre, more or less, in Sections 17 and 20, Tov/nship
54 South, Range 36 East, Dade County, adjacent to the Tamiami Canal,
for the erection of a radio relay tower. The firm proposed to erect
a 100-foot guyed tower with building to house radio and repeater
equipment to be a part of a radio relay system between Ft. Myers
and Miami. The State Road Department and Central and Southern
Florida Flood Control District reviewed the request and interposed
no objections with respect to their interest in the site. R K Petro-
leum Corp., holder of Oil and Gas Lease No. 1939 which included the
site, offered no objections. Staff recommended perpetual easement
for the $750.00 consideration offered by the applicant.
Motion was made by i4r . Dickinson, seconded by Mr. Williams and
adopted unanimously, that perpetual easement be issued for $750.00.
DUVAL COUNTY - John E. Graham, holder of State Permit No. CD-557
issued on August 30, 1963, pursuant to approval by the Trustees on
August 27, 1963, requested an amended permit for construction of a
new shed and new commercial dock at his marina in the Ortega River
at his upland property in Block 138 Lakeside Park, Duval County.
All required exhibits, including $100 processing fee, were submitted
and the Staff recommended approval.
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted
unanimously, the Trustees authorized issuance of the amended permit.
LAKE COUNTY - Peter L. Webber made application to remove 10,000
cubic yards of fill material to improve his upland property on Lake
Dora in Section 31, Township 19 South, Range 26 East, Lake County,
for which he remitted $500.00 in payment at the prevailing rate for
such material. Florida Game and Fresh Water Fish Commission recom-
mended issuance of the permit provided standard stipulations as to
dredging were included. Staff recommended approval.
Motion was made by Mr. Williams, seconded by Mr. Faircloth and
adopted unanimously, that the Trustees permit removal of the requested
amount of fill material to be deposited on upland property, at the
price offered.
OKEECHOBEE COUNTY - Central and Southern Florida Flood Control
District requested a perpetual easement covering a .06 acre parcel
of reclaimed lake bottom land in Section 36, Township 37 South, Range
35 East, in Okeechobee County lying within the right of way of Levee
L-D4 on the north shore of Lake Okeechobee. Staff recommended
approval.
8-8-67
269 -
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the Trustees authorize issuance of the
perpetual easement to Central and Southern Florida Flood Control
District.
MONROE COUNTY - Refund. On July 25, 1967, the Trustees approved
issuance of a permit to Ernest Leder authorizing the excavation of
an oversize navigation channel southerly of Grassy Key in Hawk
Channel in Monroe County. The Trustees approved sale of 44,444.44
cubic yards of material obtained from the overcut. The applicant
purchased the material at the rate of 5<: per cubic yard, a new rate
authorized by the Trustees on July 11, 1967. However, under the
provisions of Chapter 120, Florida Statutes, this new rate should
not have become effective until August 24, 1967.
Therefore, the Staff recommended refund of the overpayment in the
amount of $733.34, being the difference between the charge for
44,444.44 cubic yards computed at the new rate ($2,222.22) and the
charge at the old rate still effective at the time ($1,488.88).
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the Trustees authorize refund be made to
Mr. Leder of the overpayment in the amount of $733.34.
MONROE COUNTY - Refund. Staff requested authority to correct the
minutes of July 25, 1967, which inadvertently omitted approval by
the Trustees of refund of the amount of $122.50 together v/ith refund
of the $50.00 application fee, both received by the Trustees' office
on April 19, 1967, from G. B. Adams on behalf of Earl Keene with
application to purchase submerged land in Monroe County numbered
T.I.I.F. File No. 1988-44-253.12.
Motion was made by Mr. Williams, seconded by Mr. Faircloth and
adopted unanimously, that the minutes of July 25, 1967, be corrected
to show approval of refund of the $50.00 application fee and also
the amount of $122.50 which had been tendered by the applicant as
cash for deed.
PALM BEACH COUNTY - Refunds. File No. 1848-50-253.12, File No. 1849-
50-253.12. Two applications to purchase parcels of submerged land
were submitted with request for refund of the application fees for
the reason that the applicants had withdrawn their purchase applica-
tions, as follows:
1. File No. 1848-50-253.12. $50.00 fee submitted with appli-
cation to purchase certain submerged land in Lake Worth in
Section 10, Township 43 South, Range 43 East, Palm Beach
County. The application was submitted under date of June
15, 1966, by Brockway, Owen and Anderson on behalf of
A. Wachsmans, et ux, with application fee submitted by
Yield Investments, Inc.
2. File No. 1849-50-253.12. $50.00 fee submitted with
application to purchase certain submerged land in Lake
Worth in Section 10, Township 43 South, Range 43 East,
Palm Beach County. The application was submitted under
date of June 15, 1966, by Brockway, Owen and Anderson on
behalf of A. Ferlach, et ux, with application fee submitted
by Yield Investments, Inc.
8-8-67
- 270 -
^4ot:.on was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that refund of the $50.00 application fee be
authorized to each applicant.
POLK COUNTY - Application was submitted by E. M. McCarty and Edward
A. Kayworth to dredge a channel from adjacent upland properties into
Lake Pierce, and to place the material removed from the channel on
their upland in Section 17, Township 29 South, Range 28 East, in
Polk County. All required exhibits were received and Staff recom-
mended issuance of the permit upon receipt of payment for 575 cubic
yards of fill material in the amount of $27.75. The Florida Game
and Fresh v/ater Fish Commission had no objection to issuance of the
permit with standard stipulations as to dredging.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the Trustees approve issuance of the
permit requested for a charge of $27.75 in payment for the fill
material .
SARASOTA COUNTY - File No. 2018-58-253.129. Authority was requested
by the Staff to issue disclaimers under the provisions of Section
253.129 Florida Statutes, for eight (8) lots in a platted subdivi-
sion in Section 34, Township 36 South, Range 17 East, in the City of
Sarasota, in Sarasota County, which v/ere filled prior to May 29,
1951, for which Michael J. Furen, attorney for Otto J. Benner, et
al, remitted the $10.00 charge for each of the three (3) disclaimers
requested.
Motion was made by Mr. Dickinson, seconded by Mr. 'Williams and
adopted unanimously, that the Trustees authorize issuance of the
three disclaimers at $10.00 each.
v-<AKULLA COUNTY - Jesse F. Warren, Jr., attorney, representing the
McMillan Land and Development Company, applied to purchase 138,600
cubic yards of material to improve applicant's upland at Ochlockonee
Point, Mash's Island, in conjunction with the restoration of the
public beach on Ochlockonee Bay and Ochlockonee River in Township
6 South, Range 1 "West, in Wakulla County. He offered $2,986.00 for
the material, at the prevailing rate.
Also, the applicant requested permit to remove 559, 100 cubic yards
of material to be used for restoration of the beach, and requested
the Trustees to dedicate to Wakulla County for public use that area
between the line of present mean high water and the newly created
line of mean high v/ater as shown by a plat of survey which would be
attached and made a part of the instrument of dedication, the formal
dedication instrument to be prepared by the office of the Attorney
General .
The Board of County Commissioners of Wakulla County on August 7,
1967, adopted a resolution agreeing to accept the dedication from
the Trustees for public use of the beach area to be restored and
nourished by the developer, who has made a commitment to dedicate
to Wakulla County a perimeter road as well as access roads to enable
the public to have adequate access to the beach area being dedicated
by the Trustees to the county.
The project was previously approved by the Board of Conservation.
8-8-67
271 -
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted unanimously, that the Trustees approve permit to remove the
559,100 cubic yards of material for restoration of the beach, permit
to purchase 138,600 cubic yards to improve upland property, and
dedicate to the Board of County Commissioners of Wakulla the beach
area for public use which would be restored and nourished by the
developer, as well as access roads dedicated by the developer to
the county.
TRUSTEES' FUNDS - Capitol Center. On December 6, 1966, the Trustees
authorized acquisition of property in the capitol center described
as Tallahassee City Lot 250 Original Plan of the City of Tallahassee,
owned by the heirs of John A. demons, for the sum of $224,000.00
subject to approval of the title and handling of legal questions by
the office of the Attorney General. Subsequently, negotiations
were in progress between the attorneys of the demons heirs and
Charles P. Barrier, Executive Director of the Capitol Center Planning
Committee and T. T. Turnbull, Assistant Attorney General. Those
negotiations resulted in agreement for sale of the property on that
basis by all heirs with the exception of one.
By letter of August 4, 1967, Mr. Barrier advised that the heirs
agreed to sell the property to the Trustees for the sum of
$228,000.00, with possession to be retained for a period of two
(2) months following the month in which the transaction was concluded,
That amount did not exceed the appraised value for the property as
reported by one of the staff appraisers for the Trustees.
In view of the fact that acquisition of the parcel would complete
state ownership of that entire block. Staff recommended acceptance
of the proposal as being in the best interest of the state, and
therefore recommended approval of the request for authority to
expend Trustees' funds in the amount of $228,000.00 for acquisition
of the demons property, subject to approval of title by the
Attorney General and the handling of all legal questions involved
in the acquisition by the office of the Attorney General.
Motion was made by Mr. Dickinson, seconded by Mr. Faircloth, and
adopted unanimously, that the Trustees authorize purchase of the
said property for capitol center purposes by expenditure of the
amount of $228,000.00 of Trustees' funds, provided the office q>^
the Attorney General approved the title and handled all legal r^^ters
involved in the acquisition.
On motion duly adopted, the meetii/g v^s adjourn
ATTEST: (_ J^^i^^ ^^ U^i^£^
DIRECTOR - SECRETARY
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8-8-67
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Tallahassee, Florida
August 15, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Earl Faircloth Attorney General, Acting Chairman
Fred 0. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Robert C. Parker Director
On motion, duly adopted, the Trustees approved minutes of the
meeting of August 8, 1967.
BROWARD COUNTY - The City Commission of the City of Fort Lauderdale
referred to the Trustees fcr approval a bulkhead line adopted in
Ordinance No. C-66-60 on October 24, 1966, located along the west
bank of Middle River in Section 25, Township 49 South, Range 42 East,
Broward County. All required exhibits were furnished to the Trustees'
office and the file showed that there were no objections at the local
hearing. The area was described as adjacent to Lots 6 through 9,
Block 9, Coral Ridge Gait Addition.
The Board of Conservation Staff had no objection to the bulkhead
line, which connected with existing bulkheact on the north and on
the south. Trustees' Staff recommended approval.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the Trustees approve the bulkhead line
as established by the City of Fort Lauderdale on October 24, 1966.
DADE COUNTY - Without objection, the Trustees deferred for further
review, at the request of one member, consideration of Resolution
No. R-182-67 adopted on February 21, 1967, by the Board of County
Commissioners of Dade County changing and eliminating certain bulk-
head lines in the unincorporated area of Dade County.
HIGHLANDS COUNTY - E. H. Johnson made application for a permit
authorizing removal of approximately 500 cubic yards of fill material
from Lake Jackson to place on his upland property known as Lot 14,
Block "E", Lakeshore Drive. Applicant submitted all required
exhibits including $25.00 payment for the material. The Florida
Game and Fresh Water Fish Commission had no objection to issuance
of the permit provided standard stipulations were included in the
permit. Staff recommended approval.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
unanimously, the Trustees authorized issuance of permit for removal
of the requested amount of material.
POLK COUNTY - Application was submitted by Lake Bonny Properties,
Inc., for after-the-fact permit for removal of 2,660 cubic yards of
fill material from Little Lake Bonny which was placed on the appli-
cant's upland described as Block "M" Sevilla-on-the-Lake Subdivision.
The required exhibits were submitted, including §133.00 in payment
for the fill material removed. The Florida Game and Fresh Water Fish
. 273 - 8-15-67
Conunission had no objection to issuance of the permit provided
certain recommendations were included for restoring the lake to
their specifications. Staff recommended approval.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that after-the-fact permit be issued as
recommended .
POLK COUNTY - Application was submitted from W. wm. Ellsworth, Jr.
for after-the-fact permit for a 50-foot dock in Little Lake Bonny
at applicant's upland Lots 1, 2 and 3, Block "A", Sevilla-on-the-
Lake Subdivision in Section 21, Township 28 South, Range 24 East,
Polk County. All required exhibits, including $100.00 processing
fee, were submitted, and Staff recommended approval.
Motion was made by Mr. Williams, seconded by Mr. Dickinson and
adopted unanimously, that after-the-fact permit for the dock be
issued as requested.
SARASOTA COUNTY - John Grout on behalf of E. W. Ogram, for Country
Club Shores, Longboat Key, Florida, made application to remove
2,500 cubic yards of fill material to improve upland property in
Section 36, Township 35 South, Range 16 East, on Sarasota Bay. Pay-
ment was tendered in the amount of $125.00 for the material at the
prevailing rate. Staff of the State Board of Conservation had no
objection, and Trustees' Staff recommended approval.
Motion was made by Mr .Dickinson, seconded by Mr. Williams and
adopted unanimously, that the Trustees authorize issuance of permit
to remove the requested amount of fi.ll material to improve upland
property.
TRUSTEES ' FUNDS - The East Central Florida Regional Planning Council
requested a loan of $25,000.00 to help meet Council commitments for
the period September 1, 1967, through January 1, 1968. The Council
was composed of representatives of 7 contiguous counties in the
National Aeronautics Space Administration (NASA) area consisting of
Brevard, Indian River, Lake, Orange, Osceola, Seminole and Volusia
Counties. It was explained that there was a shortage of funds to
carry on the operation of the Council due in large part to the fact
that the Department of Housing and Urban Development was withholding
payment of some twenty-seven thousand dollars for a project in which
the Council had been conducting regional planning surveys for the area
included within the Council for the past five years. Such withholding
appeared to be a normal procedure pending completion and final audit
of the project which was anticipated in the early part of 1968.
On February 2, 1965, the Trustees approved a loan of $20,500.00 to
the East Central Florida Regional Planning Council to be repaid
within one year, and the loan was repaid prior to the maturity date.
In recognition of the importance of the continued operation of the
work of the Council in developing sound planning for the geographical
area, the Staff recommended approval of the loan request, the agree-
ment to be entered into as approved by the office of the Attorney
General, and the interest rate to be 4^2% per annum from date of
advance of the funds until repaid.
Motion was made by Mr. Williams, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees approve loan of $25,000.00
to the East Central Florida Regional Planning Council to be repaid
on or before March 30, 1968, at 4*g^ interest, subject to approval
of the loan agreement by the office of the Attorney General.
8-15-67
- 274
On motion duly adopted, the meeting was adjourned.
ATTORNEY GENERAL - ACTING CHP.IRI-IAN
ATTES'
DIRECTOR - SECRETARY
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Tallahassee, Florida
August 22, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr.
Fred 0. Dickinson, Jr.
Broward v^illiams
Earl Faircloth
Governor
Comptroller
Treasurer
Attorney General
Robert C. Parker
Director
On motion, duly adopted, the Trustees approved minutes of the
meeting of August 15, 1967.
HEKDRY COUNTY - Oil Lease. Upon consideration of the request from
Sun Oil Company the Trustees on July 11, 1967, authorized adver-
tisement for bids for a five-year term oil and gas drilling lease
of the reserved one-half interest of the Trustees in the following
described land:
.7-2 of Section 19 and all of Section 31, Township 46 South,
Range 31 East, containing 480 net mineral acres in Hendry
County.
Legal notice published pursuant to lav/, in the Tallahassee Democrat
and the Kendry County News, called for bids to be opened at 10:00
A.M. this date. Sun Oil Company, applicant and holder of lease on
the remaining reserved interest in private ownership, submitted by
sealed bid the offer of §1,491.00 cash consideration and $480.00
rental for the first year, or a check in the total amount of
$1,971.00, \vh ich v/as the only bid received. The company had pre-
viously submitted the $50.00 application fee to cover cost of
advertising .
Th3 lease required royalty payments of one-eighth in kind or in
value for oil and gas produced from said lands and fifty cents per
long ton for sulphur, salt and/or brines produced from said lands,
and an annual rental of $1.00 per net mineral acre for the 430 net
mineral acres, the annual rental to increase five per cent of such
original amount of annual rental after the first two years. Lessee
8-22-67
- 275 -
is required to commence and complete the drilling of at least one
test well within the first two and one-half years, all wells to be
drilled to a depth of 6000 feet or to the top of the Lower Creta-
ceous, whichever is lower. The primary term of the lease was five
(5) years.
Motion was made by Mr. Faircloth, seconded by Mr. Dickinson, and
adopted unanimously, that the Trustees accept the bid of Sun Oil
Company, a corporation, with an office at Dallas, Texas, for a five-
year oil and gas drilling lease of the reserved one-half interest
of the Trustees in the land described above.
BREVARD COUNTY - File No. 1547-05-253.124. Staff recommended
approval of the fill permit issued by the Engineering Department of
the Board of County commissioners of Brevard County on May 26, 1967,
to Norman A. Rossman as Trustee for House and Home, Ltd., under the
provisions of Section 253.124 Florida Statutes, which granted per-
mission to fill the 18.6 acre tract of submerged land in Newfound
Harbor in Section 36, Township 24 South, Range 36 East, Brevard
County. The land, previously conveyed by the Trustees under the
referenced file number, was on Merritt Island north of State Road
520 and southwest of NASA. The Florida Board of Conservation
biological report dated June 8, 1967, showed that no seagrasses were
found in the borrow area from which the material would be taken.
Motion was made by Mr. Williams, seconded by Mr . Dickinson and
adopted unanimously, that the Trustees approve issuance of the fill
permit under Section 253.124 Florida Statutes.
BREVARD COUNTY - Permit. House and Home, Ltd., also applied for
a permit authorizing removal of 400,000 cubic yards of fill material
from Newfound Harbor outside the established bulkhead line to use
for improvement of their upland property in Section 36, Township 24
South, Range 36 East, immediately north of State Road 520 in Brevard
County. All required exhibits, including remittance in the amount of
$5,600.00 in payment for the fill material, were submitted. The
Board of Conservation biological report dated June 8, 1967, stated
that no seagrasses were found in the borrow area.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the Trustees authorize issuance of the
permit to House and Home, Ltd., to dredge the requested amount of
material to deposit on their upland property upon payment of
$5,600 for the fill material.
BREVARD COUNTY - Permit. Development Corporation of America made
application for a permit authorizing removal of 319,000 cubic yards
of fill material from Newfound Harbor outside the established
bulkhead line to use for improvement of their upland property in
Government Lots 2 and 3 in Section 36, Township 2 4 South, Range 36
East, in Brevard County, immediately south of State Road 520. All
required exhibits, including payment of $4,790.00 for the material,
were submitted.
The Florida Board of Conservation, in connection with establishment
of a bulkhead line in this area, had reported that the submerged
land within the bulkhead line supported a productive nursery and
feeding ground for marine animals. However, inasmuch as the bulk-
8-22-67
276 -
head line establishment was necessary for development in connection
with the construction of a critically-needed north-south road, the
Trustees on March 7, 1967, after several hearings and the urging
of officials of Brevard County, determined that the highway would
be in the public interest and approved location of the bulkhead line
and subsequent sale of submerged land. It was reported that pumping
of fill iTHterial would be from deep water areas which would not
cause damage such as when grassy areas were involved.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
without ob;]ection, the Trustees authorized issuance of the permit
to the Development Corporation of America to dredge the requested
amount of material to deposit on their upland property, upon payment
of $4,790.00 for the fill material.
Later in the meeting the Attorney General directed attention again
to the preceding three applications for dredging fill material. He
asked whether there was any information about the effect of such
dredging from deep water on beach erosion. The Director said there
were no beaches in that area and there had not been a hydrological
survey made, that dredging operations up to now had not posed a
problem as it was all interior water bottoms not involving tidal
areas. The Governor noted that it was not a beach area but a
waterway.
Mr. Faircloth asked if the fill would be pumped from the ocean,
and upon being informed that it was all interior, on Merritt Island,
southwest of NASA, he said perhaps his question was not relevant
at this time. But even though there were no beaches now, he was
concerned about pumping so much fill material.
Governor Kirk asked who could make an investigation of such effects,
and Mr. Parker said that the Coastal Engineering Laboratory at the
University of Florida in Gainesville might, and that it did entail
considerable expense.
Mr. Faircloth asked for information about the effects on beach
erosion and the Director said the Staff would make inquiry with
respect to that particular aspect.
LEE COUNTY - Bulkhead Line. The Board of County Commissioners of
Lee County, having been petitioned by Grafton Development Company
to set a bulkhead line, adopted a resolution on May 19, 1967,
locating a bulkhead line in Matanzas Pass along the northwest shore
of Estero Island in Government Lot 1, Section 24, Township 46 South,
Range 23 East, Lee County. There were no objections at the local
level, and the Florida Board of Conservation had no objection to
the location of the bulkhead line.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
unanimously, the Trustees approved the bulkhead line as adopted by
Lee County on May 19, 1967.
CHARLOTTE COUNTY - Refund. On June 27, 1967, the Trustees approved
a permit to W. G. Gault for excavation of an oversize navigation
channel in Caspar ilia Sound in Charlotte County. The 28,000 cubic
yards of material obtained from the overcut was purchased at the
rate of 5<: per cubic yard, a new rate authorized by the Trustees
8-22-67
- 277 -
for purchase of fill material. However, under provisions of chapter
120, Florida Statutes, the new rate should not have gone into effect
until August 24, 1967 . Therefore, Staff recommended refund of the
overpayment of $260.00, being the difference between the charge
computed at the new rate ($1,400.00) and at the old rate ($1,140.00).
Motion v/as made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the Trustees authorize issuance of refund
of $260.00 to Mr. Gault.
PALM BEACH COUNTY - Refund. File No. 1238-50-253.12. The Staff
requested authority for issuance of refund of the $50.00 application
fee submitted with the above numbered application to purchase a
parcel of submerged land in Palm Beach County, which was submitted
under date of June 22, 1962, by Rusley C. Meeker on behalf of Joseph
Bobrytzke and was never completed. The application was declared
inactive by the Staff.
The Director explained that on information sheets distributed by
the Trustees' office the application fee was shown as refundable,
and was designed primarily to pay the advertising cost. He said
tliat the Staff was reviewing and revising information and application
sheets in accordance with provisions of recently enacted legislation,
and nev; rules and regulations would be filed under provisions of
Chapter 120 Florida Statutes.
Motion v/as made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted unanimously, that the Trustees authorize issuance of refund
of the $50.00 application fee.
PINBLLAS COUI-JTY - File No. 2020-52-253.12(1) Carl 0. Dunbar, Jr.,
on behalf of William J. Carper, Sr . , and wife, applied for conveyance
under the provisions of Section 253.12(1) Florida Statutes, of a
0.10 acre parcel of sovereignty land in Sutherland Bayou in Section
2, Tov/nship 28 South, Range 15 East, which was filled subsequent to
May 29, 1951, and prior to June 11, 1957. The applicant offered the
appraised value of $100.00 per acre, being the value of the submerged
land as it existed prior to filling. Staff recommended issuance of
the required instrument.
Motion was made by Mr. Williams, seconded by Mr. Faircloth and
adopted unanimously, that the Trustees authorize issuance of the
instrument required under provisions of Section 253.12(1).
PIITBLLAS COUI^^^Y - The Director asked the Board to rescind the action
taken on July 25, 1967, of waiving requirement of the $50.00 applica-
tion fee for issuance of artificial reef permit to Pinellas County
for construction off Bellair Beach in the Gulf of Mexico approximately
8 miles offshore. There had been certain expense involved in the
investigation and biological report, the county had submitted the
$50.00 fee, and the Staff recommended that the permit be approved
for the usual charge.
Motion was made by Mr. Faircloth, seconded by Mr. Williams and
adopted unanimously, that the Trustees rescind the action taken on
July 25 and on this date authorize the artificial reef permit to
Pinellas County for the usual $50.00 charge.
8-22-67
- 278
POLK COUNTY - Muriel I. Brobecker and Virginia W. Ornat made appli-
cation for after-the-fact permit for removal of approximately 450
cubic yards of fill material from Lake Rosalie in Polk County for
improvement of their upland property in Sections 21 and 22, Township
29 South, Range 29 East. All required exhibits, including remittance
in the amount of $25.00 in payment for the fill material were sub-
mitted.
The Director said the Staff worked with the Game and Fresh Water
Fish Commission, whose field agents brought such operations without
permits to the attention of the Trustees' office. He said the Staff
considered it proper to require issuance of after-the-fact permits
and felt that the public was becoming better acquainted with the
need for regulations in order to protect the lakes.
Attorney General Faircloth asked if there was any recommendation as
to how the unauthorized pumping from lake bottoms could be stopped,
and what might happen if the Board did not approve the permit. Mr.
Parker said that the Staff had explored every area and he thought
the dredge operator was where the most effective action might be
taken, and that he had to have a permit to dredge. Also, the Board
might require the material to be put back in the lake; however, in
a case a few years ago illegal dredging was stopped and the Trustees
took the case to Court with the result that the operation was stopped
but the Court did not feel that the damage was so great that it would
require the material to be put back in the lake. He said the primary
concern was that damage might be caused to fish nursery grounds,
and that the Game and Fish Commission required any pumping of material
from far enough out in the lake to avoid grassy areas.
The Attorney General said that at some future time at the direction
of the Board he would be glad to bring a suit, and that such action
might violate the criminal code in that it was taking of property,
in effect. He said there was something more involved than the
value of the upland owner's property.
Governor Kirk suggested that the County Commissioners be notified
and that those selling and using the hydraulic dredges to pump the
material out of lakes snould be alerted that such illegal work must
be stopped.
The Attorney General asked that he be furnished complete information
on the operation of the applicants for after-the-fact permit on t^
agenda on this date.
On motion duly adopted, the meetin
ATTEST
: C^^ Z'.. /^^^
DIRECTOR -
SECRETARY
8-22-67
- 279
Tallahassee, Florida
August 29, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Fred O. Dickinson, Jr. Comptroller, Acting Chairman
Broward V7illiams Treasurer
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
On motion by Mr. Conner, seconded by Mr. Williams and adopted unani-
mously, the Trustees approved the minutes of the meeting of August
22, 1967.
DADE COUNTY - File No. 1788-13-253.12. Kravitz, Dudley and Dean,
on behalf of Bayshore Marina, Inc., offered $7,217.00 per acre, the
value reported by the Appraiser, for a parcel of submerged land in
Biscayne Bay in Section 22, Township 54 South, Range 41 East,
containing 1.15 acres in the City of Miami landward of the estab-
lished bulkhead line in Dade County, Florida.
The Florida Board of Conservation reported that no seagrasses exist
in the area and that the sale and development thereof would not be
adverse to marine life.
On motion by Mr. Williams, seconded and adopted unanimously, the
Trustees authorized advertisement of the parcel for objections only.
PALM BEACH COUNTY - File No. 2000-50-253.12. Mock, Roos and Searcy,
Inc., on behalf of Francis J. Sullivan and wife, et al, abutting
upland owners, offered $1,500.00 per acre, the value approved by the
Staff Appraiser, for a parcel of submerged land in Lake Worth in
Section 10, Township 45 South, Range 43 East, containing 2.27 acres
in the Tov/n of Hypoluxo landward of the established bulkhead line
in Palm Beach County, Florida.
The Florida Board of Conservation reported that no seagrasses exist
in the area and that the sale and development would not be adverse
to marine life.
On motion by Mr. Williams, seconded and adopted unanimously, the
Trustees autiiorized advertisement of the parcel for objections only.
LEE COUNTY - Bulkhead Line. On July 25, 1967, at the request of Dr.
M. Lee Pearce, attorney for Gulf American Corporation, for a place
on the agenda, the Trustees heard his petition for the Board to set
a bulkhead line but took no action. The matter was brought up for
consideration on this date and the Board recognized the interested
parties present to be heard but said that final action would not be
taken on this date. It was reported that a member of the legislative
delegation felt that further legal opinion from the Attorney General
might be needed.
3-29-67
- 280
The Director exhibited a map with lines drawn to depict the situation,
reviewed as follows. On June 22, 1967, Dr. Pearce had filed a peti-
tion with the Trustees' Staff requesting establishment of a bulkhead
line along the eastern snore of Matlacha Pass in Charlotte Harbor in
Sections 2, 11, 12 and 13 in Township 44 South, Range 23 East, and
in Sections 14, 23, 26 and 35 in Township 43 South, Range 22 East,
in Lee County. The petitionvas based upon tne alleged failure of
the county to establish this bulkhead line within a period of 60 days
after application had been filed by the ov/ner as required by Section
253.122(3) Florida Statutes. Subsequent to the filing of this petition,
the Board of County Commissioners of Lee County adopted a resolution
on July 19 establishing a bulkhead line one foot offshore from the
line of mean high water. A certified copy of the resolution and a
transcript of the hearing on July 19 were filed with the Trustees'
office, but no map or drawing showing the location of the bulkhead
line as it related to the line of mean high water. The original
application of Gulf American Corporation to the Board of County
Commissioners requested that the bulkhead line in the area be estab-
lished along an engineered line located generally between the meander
line as established by the U. S. General Land Office survey and the
line of mean high water. In the petition filed with the Trustees'
Staff the applicant requested a line some 180 feet landward of the
meander line as established by the U. S. General Land Office, which
location was substantially seaward of the location requested in the
application to the county.
Dr. Pearce, applicant's attorney, contended that the county's action
taken on July 19 in establishing the bulkhead line one foot offshore
from the line of mean high water and the failure of the local govern-
mental agency to submit a map showing the location of this bulkhead
line as related to the line of mean high water did not comply with
the statutory requirements, and that the Trustees had the authority
to proceed to take jurisdiction in setting a bulkhead line.
Advice, requested by the Staff from the Attorney General, was that
under the circumstances set forth the Trustees might take any one
of four separate actions, namely: (1) accept or concur in the line
set by the Board of County Commissioners of Lee County; (2) reject
the line and return it to the Board for further consideration;
(3) set the line as applied for by Gulf American; or (4) set any
line the Trustees desire to set. After careful evaluation of all
factors the Staff was of the opinion that the interest of all parties
concerned would best be served by #2.
Present on this date were Dr. Pearce, representing Gulf American
Corporation, and on behalf of the county, F. James DeLozier, Jr.,
County Engineer, and Frank Pavese, County Attorney. Roland Roberts
of Ft. Myers Beach, the Vice-president of Lee County Conservation
Assn., Inc., and Fred Lesser, president of the Audubon Society of
Southwest Florida, were also present.
Dr. Pearce petitioned the Trustees to set the bulkhead line for Gulf
American Corporation, which planned to establish a modern waterfront
community in the area where he said the petitioner owned not only
the waterfront but back for a depth of 8 to 10 miles, comprising
over 50,000 acres and an investment of over $10,000,000 in Lee
County. In order to develop he said they would need access to the
water and clearing out of the mangrove swamp, would need a bulkhead
line which he said should be reasonable to allow development and
that their line basically conformed to the shore line, being 180
feet landward of the government meander line. He said that the mean
high tide line was not practical to use for measuring, that the swampy
flats of West Florida and the mangroves had prevented progress, and
it would be impossible to develop with swamp land between the peti-
tioner's project and the water. He reviewed the local action and
8-29-67
- 281 -
said he did not think it was a legal action taken on July 19 when the
bulkhead line was fixed one foot offshore from the line of mean high
water - which could not be located. Jurisdiction had passed to the
Trustees, he said, by failure of the county to act within 60 days.
He mentioned the extreme hardship to his clients caused by the long
delays, saying they had spent over 13 months and a huge investment
in this area and still had no bulkhead line.
Mr. Pavese discussed the background of this matter, the fact that
the county refers bulkhead line petitions to its bulkhead committee
allowing 45 days for a report which included conservation factors,
and did not know the petitioner was insisting on 60-day action, that
the line submitted by the company did not show the mean high tide
line as required by the rules and regulations from the Trustees, and
a surveyor who appeared at the county hearing on behalf of the
petitioner said it would be impossible to set an exact mean high
tide line without an expenditure of forty to fifty thousand dollars
but that he thought a reasonable line could be worked out. Mr. Pavese
expressed the county's concern if they were expected to spend public
funds to survey bulkhead lines for petitioners, pointed out that Lee
County had over 800 miles of waterfront, and asked the Trustees to
request an opinion from the Attorney General. He said the county
thought that applicants for bulkhead lines were required by the
rules and regulations to show on their plans the mean high tide mark
as related to their proposed bulkhead line.
Mr. DeLozier, County Engineer, said the county had tried to cooperate
with the petitioner as far as they could, knowing that the main
difficulty was locating the mean high tide line, the line separating
public land and private, and the county did not expect a precise
line. He said a line could be drawn by establishing points at equal
intervals by elevations or at the place of transition between the
black mangrove and the red mangrove and then connecting these estab-
lished points, which have been plotted on aerial photographs, by a
smooth line drawn to follow the line of red mangrove as nearly as is
practicable. He said the engineering problem in this petition v^;as
the establishment of this high tide line which was the responsibility
of the petitioner. As a concession, the county would be willing, Mr.
DeLozier, said, to create an along-the-shore channel for navigational
needs, with intermittent channels to provide access to deep water.
This would give waterfront access but not unobstructed view.
Mr. Lesser, Audubon Society representative, reaffirmed that the mean
high tide line could be determined with reasonable accuracy by the
method described by Mr. DeLozier, but which he thought could be drawn
to correspond with conservation interests and the developers. He and
Mr. Pavese both emphasized that the area was rich in marine life, used
by commercial fishermen, and winter waterfowl. Mr. Lesser said it
should remain as sovereignty lands of the State of Florida.
Mr. Roberts, representing Lee County Conservation Association, with
a membership of thousands, said the area was a natural heritage. He
discussed boundary definitions used in deeds and said he did not
understand why the high tide line could not be established when sur-
veyors had used it as boundaries determining acres of land purchased
by deeds. He thought that meander lines were in error when not
representing the true shore line. Pictures taken last Sunday on an
out-going tide in areas behind the meander line, which he said Gulf
American claimed to own, were examined by the Trustees. He said his
group felt that the Trustees would consider this matter very carefully
before making a determination.
Mr. Dickinson said that Representative Ted Randell was unable to
attend the meeting because he was required for legislative business.
8-29-67
- 282 -
It was again suggested that the Attorney General make some determina-
tion as to whether Lee County could expend public funds to set the
mean high tide mark for a developer.
Upon motion duly adopted, the Trustees deferred decision on this
matter until some future time.
PALM BEACH COUNTY - Bulkhead Line. On April 24, 1962, the Trustees
rejected a portion of a bulkhead line on the east shore of Lake
Worth and directed that the rejected portion be referred back to the
City of Riviera Beach with recommendation that consideration be
given to conforming the bulkhead line to the offshore limits of
those submerged lands conveyed by Trustees' Deed No. 17146 dated
April 22, 1924. The City Council, in recognition of the private
ownerships in the area, did locate a bulkhead line along the line
of conveyance and it was placed on the agenda for the Trustees to
consider on this date.
Mr. Dickinson said that Governor Kirk had requested that this matter
be held over until the next meeting.
It was so ordered.
DADE COUNTY - Conwal, Inc., holder of commercial dock permit issued
by the Trustees on August 31, 1965, made application for modification
of the permit to allow construction of three additional finger piers.
All required exhibits, including $100.00 processinj fee, were sub-
mitted and Staff recommended approval.
Staff also requested authority to issue permit for removal of approxi-
mately 18,000 cubic yards of material for navigational requirements
in the marina expansion. The dredging was an expansion of an area
previously dredged, therefore Staff recommended that the biological
survey be waived.
Motion was made by Mr. Williams, seconded by Mr. Conner and adopted
unanimously, that issuance of modified dock permit be authorized;
also the Trustees approved the request for dredging for navigation.
PINELLAS COUNTY - Application was submitted by the Pinellas County
Water and Navigation Control Authority on behalf of George W. Fruehau:
for a permit authorizing construction of a dock in Boca Ciega Bay at
the applicant's upland described as Lot 3, Block J, Boca Ciega Bay
at Treasure Island in Pinellas County. All required exhibits,
including $100.00 processing fee, v/ere submitted and Staff recom-
mended approval.
On motion by Mr. .Villiams, seconded and adopted unanimously, the
Trustees authorized issuance of the coinmercial dock permit.
PUTNAI-1 COUNTY - Cove Investments, Inc., made application for a
permit for a fishing pier in the St. Johns River (Hermit's Cove) in
Government Lot 6, Section 33, Township 10 South, Range 26 East, in
Putnam County. All required exhibits, including $100.00 processing
fee, were submitted and Staff recommended approval.
On motion by Mr. .villiams, seconded by Mr. Conner and adopted unani-
mously, the Trustees authorized issuance of the commercial dock permit,
8-29-67
- 283 -
POLK COUNTY - The Polk County Engineering Department applied for
permission to remove approximately 1,000 cubic yards of fill material
from Crooked Lake to use for improvement of an area in Section 25,
Township 31 South, Range 27 East, Polk County, for recreation purposes
The Florida Game and Fresh Water Fish Commission had inspected the
site and had no objection. Inasmuch as this would be a public
project. Staff recommended approval with waiver of payment for the
fill material.
On motion by Mr. Williams, seconded and adopted unanimously, the
Trustees granted permission for the county to remove the material
without charge.
POLK COUNTY - College Friends, Inc., by application submitted by Dr.
Leslie W. Ratzlaff, applied for a permit for removal of 8,000 cubic
yards of material from Crooked Lake in the construction of a navigation
canal. All required exhibits, including remittance in the amount of
$400.00 in payment for the fill material to be placed on the appli-
cant's upland, were submitted. Florida Game and Fresh Water Fish
Commission had inspected the site and had no objections to issuance
of permit v/itii the standard stipulations. Staff recommended approval.
iMotion was made by Mr. Williams, seconded by Mr. Conner and adopted
unanimously, that the Trustees approve issuance of the permit as
recommended .
MONROE COUNTY - Refunds. Tv;o applications for authority to issue
refund were presented by the Staff, as follows:
1. File No. 1700-44-253.12. Under date of August 2, 1965, Dan
Navarro submitted the $50.00 application fee with his appli-
cation to purchase submerged land as described in said file,
However, the application was not completed and was declared
inactive by the Trustees' Staff.
2. File No. 1905-44-253.12. Under date of September 19, 1966,
A. J. Ryan, Jr., on behalf of Holiday Travel Trailer Parks,
Inc., submitted $50.00 fee v/ith application to purchase
two parcels of submerged land as described in said file.
The applicant requested that the application be withdrawn
from further consideration at this time.
Motion was made by Mr. Williams, seconded and adopted unanimously,
that the Trustees authorize issuance of $50.00 refund to each of
the above two applicants.
MONROE COUNTY - File No. 1782-44-253.12. On March 22, 1966, the
Trustees confirmed sale to Honorable Bernie C. Papy and wife, and
Mrs. Pauline B. Papy, of the two contiguous tracts of submerged land
as described in the above numbered file. Subsequently, the appli-
cants requested that the purchases be made under the Trustees'
standard contract-to-purchase procedure; these contracts were
prepared and forwarded to said applicants under date of April 6,
1966, but were not executed. The applicants requested cancellation
of the transaction without prejudice and the Staff asked for
authority to cancel the two contracts.
On motion by Mr. Williams, seconded and adopted unanimously, the
Trustees authorized cancellation of the two purchase contracts.
3-29-67
- 284
On motion duly adopted, the meeting was adjourned,
ATT
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COMPTROLLER - ACTING CHAIRMAN
EST: (fl^^g^/^^ z^:^-^:;^^
DIRECTOR - SECRETARY
* * *
* • *
* * *
Tallahassee, Florida
September 5, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr.
Tom Adams
Fred O. Dickinson, Jr
Broward Williams
Floyd T. Christian
Doyle Conner
Governor
Secretary of State
Comptroller
Treasurer
Superintendent of Public
Instruction
Commissioner of Agriculture
Robert C. Parker
Director
As a result of the provisions of Chapter 67-269, Acts of 1967, two
new members have been added as Trustees of the Internal Improvement
Fund, which are the Secretary of State, Honorable Tom Adams, and the
Superintendent of Public Instruction, Honorable Floyd T. Christian.
Another provision of this act requires affirmative vote of at least
five (5) members of the Trustees for confirmation of sale of any
parcel of submerged land.
The effective date of this act was September 1, 1967. Mr. Adams
and Mr. Christian were recognized officially as members of the
Trustees .
On motion duly adopted, the Trustees approved the minutes of the
meeting of August 29, 1967.
LEE COUNTY - File No. 2022-36-253.12. Sheppard and Woolslair on
behalf of John P. Moss, et ux, abutting upland owners, made applica-
tion for a parcel of submerged land in the Matanzas Pass in Section
24, Township 46 South, Range 23 East, 0.25 acre at Estero Island
landward of the established bulkhead line in Lee County. The
applicants offered $2,000.00 per acre, which was more than the
appraised value. The biological report received from the Florida
Board of Conservation at the time the bulkhead line was established
stated that the bulkhead line and subsequent development would have
no adverse effects on fish and wildlife in the area. Staff
recommended advertisement of the parcel.
9-5-67
285
Motion v/as made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the parcel be advertised for objections
only.
MONROE COUNTY - File No. 1983-44-253.12. Mrs. Myrtle Gibson, the
abutting upland owner, made application for a parcel of submerged
land in Tropical Bay in Section 23, Township 66 South, Range 29 East,
containing 0.36 acre at Big Pine Key in Monroe County. The appli-
cant offered $300.00 per acre, the established appraised price in
the area.
The biological report received from the Board of Conservation based
on a survey of this area completed in August of this year suggested
that the 0.86 acre sale area be reduced approximately by one-half
to exclude beds of turtle grass and attached algae lying offshore
about 75 feet from the mean high water mark. Ho^vever, the appli-
cant's intended use of the subject area is for the construction of a
marina to accommodate small boats for sport fishing in the bay,
requiring the entire parcel for the docks and necessary breakv;ater
to protect the marina. It was also noted that previous sales and
developed areas extended bayward to a limit of 175 feet as established
by the Staff. Therefore, the Staff thought that any cutback in the
parcel v/ould not be in the best interest of the development of this
section of Big Pine Key and recommended advertisement for objections
only.
Motion v/as made by Mr. Dickinson, seconded by Mr.VJilliams and adopted
unanimously, that the suggestion of a cutback be overruled and the
parcel be advertised for objections only.
PALM BEACH COUNTY - File No. 1918-50-253.12. Brockway, Owen and
Anderson on behalf of Cedar Lane Developers, Inc., the abutting upland
owner, offered $1,383.75 per acre, the value approved by the Staff
Appraiser, for a parcel of submerged land in Lake Worth in Section
35, Township 44 South, Range 43 East, 0.501 acre in the Town of Palm
Beach landward of the established bulkhead line, in Palm Beach County.
The biological study of marine life for the northerly portion cf Lake
Worth made by the Florida Board of Conservation in 1961 and reprinted
in 1953 reported that submerged bottoms were extensively silted on
both sides of the intracoastal waterway, and that sea grass and
nursery grounds for fish and shrimp appeared to be lacking in the
area. Staff recommended advertisement of the parcel.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and adopted
unanimously, that the parcel be advertised for objections only.
MONROE COUNTY - File No. 2011-44-253.12. Bailey, Mooney, Post Asso-
ciates on behalf of Williams S. Shary, et ux, abutting upland owners,
offered $350.00 per acre, the established appraised value of land in
this area, for a parcel of submerged land in the Bay of Florida in
Section 12, Township 62 South, Range 38 East, containing 0.48 acre at
Key Largo in Monroe County.
The biological report received from the Florida Board of Conservation,
after they surveyed the area in August 1967, showed that it was an
excellent nursery area and feeding ground for small fish and recom-
mended that the sale and subsequent development of the parcel sought
for purchase would not be in the best interests of conservation of
Florida's marine resources. Therefore, the Staff recommended denial
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of the application and requested authority to refund the $50.00
application fee submitted for the applicant by Bailey, Mooney, Post
Associates and received by the Trustees' office on July 10, 1967.
Motion was made by Mr. Williams, seconded by Mr. Dickinson and adopted
unanimously, that the application to purchase the submerged land be
denied and that the $50.00 application fee be refunded, as recommended,
LEE COUNTY - File No. 1353-36-253.12. Staff requested authority to
issue refund of the $50.00 application fee submitted under date of
July 2, 1963, by Frank B. Watson, Jr., on behalf of Jack H. Brazier,
with application to purchase a parcel of submerged land as described
in the above ntimbered file. The application was not completed and
was declared inactive by the Staff.
Motion was made by Mr . Williams, seconded by Mr. Dickinson and
adopted unanimously, that the $50.00 application fee be refunded.
BREVARD COUNTY - Bulkhead Line. The Board of County Commissioners of
Brevard County by Resolution adopted on April 27, 1967, amended the
existing bulkhead line along the east shore of the Banana River in
Sections 22 and 27, Township 26 South, Range 37 East, in Brevard
County. The bulkhead line was located in accordance with the recom-
mendations of staff members of the Trustees and the Florida Board of
Conservation. There were no objections locally, and all required
exhibits were furnished. Staff recommended approval.
On motion by Mr. Williams, seconded by Mr. Adams, and adopted unani-
mously, the Trustees approved the amended bulkhead line as located
by the Board of County Commissioners of Brevard County on April 27,
1967.
BREVARD COUNTY - Bulkhead Line. The City Council of the City of
Satellite Beach by Ordinance No. 112 adopted April 25, 1967, and as
amended by Ordinance No. 113 adopted August 22, 1967, amended and
relocated the existing bulkhead line along the east shore of the
Banana River in Sections 27 and 34, Township 26 South, Range 37 East,
Brevard County. The line was fixed in accordance with the recommen-
dations of staff members of the Trustees and the Florida Board of
Conservation. There were no objections locally, and all required
exhibits were furnished. Staff recommended approval.
On motion by Mr. Williams, seconded by Mr. Adams, and adopted
unanimously, the Trustees approved the amended bulkhead line as
located by the City of Satellite Beach by Ordinance No. 112 and
Ordinance No. 113.
DADE COUNTY - Bulkhead Lines. The Board of County Commissioners of
Dade County by Resolution No. R-182-67 adopted on February 21, 1967,
eliminated and changed some bulkhead lines previously established
in Townships 55 and 56 South, Range 42 East. The lines were amended
in accordance with recommendations of the Florida Board of Conserva-
tion and the Trustees' Staff. All required exhibits were furnished.
Thomas DeWolf, representing Paul Helliwell, had objected to a
proposed change at the local level, but no objector was present
on this date. The Staff recommended approval.
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On motion by Mr. Adams, seconded by Mr. Conner and unanimously
adopted, the Trustees approved the amended bulkhead line at Mashta
Point along the east side of Biscayne Bay, and approved the elimina-
tion of bulkhead lines from Bear Cut to the north limit of the City
of Islandia.
Also, on motion by Mr. Williams, seconded by Mr. Adams', and unani-
mously adopted, the Board approved the elimination of existing
bulkhead line around Soldier Key in the unincorporated area of Dade
County in Township 56 South, Range 42 East, in Dade County.
PALM BEACH COUNTY - Bulkhead Line. On April 24, 1962, the Trustees
rejected a portion of a bulkhead line on the east shore of Lake
Worth and directed that the rejected portion be referred back to the
City of Riviera Beach with recommendation that consideration be given
to conforming the bulkhead line to the offshore limits of those sub-
merged lands conveyed by Trustees' Deed No. 17146 dated April 22,
1924. The City Council of Riviera Beach by Ordinance No. 749 on
May 3, 1967, adopted a bulkhead line along this line of conveyance
(with a small variance at the southerly end where the relocated line
would meet a previously established line) , running from the Village
of North Palm Beach to the north line of Palm Beach Isles No. 3.
The Florida Board of Conservation in report dated September 25, 1964,
recommended that the bulkhead line be pulled back to the line of
outer limits of private ovmership. In their report dated January
16, 1967, it was stated that the relocated line was a decided
improvement over the old one lying as much as 850 feet beyond the
private parcels of submerged land. It was noted in both reports
that dredging to get fill material in this area would severely
damage the last undisturbed nursery ground in Lake Worth.
The Izaak Walton League registered strenuous objections to this
bulkhead line.
However, in recognition of the private ownerships in this area, the
City of Riviera Beach located the bulkhead line along the line of
conveyance, and the Staff recommended approval.
Governor Kirk said he would vote against the line. Mr. Dickinson
asked whether they would go beyond the line to get fill material.
Mr. Adams pointed out that dredging to get fill material would be
damaging, according to the conservation reports. In the absence of
Mr. Faircloth, Mr. Williams suggested that this matter be deferred.
On motion by Mr. Williams, duly adopted, the Trustees deferred con-
sideration until a time when the Governor and the Attorney General
were present.
BREVARD COUNTY - Permit. Jim Rathman Enterprises,' Inc., applied for
a state permit for construction of four commercial docks in the Indiai
River at the applicant's upland described as Lots 45 through 54,
Section "B", Riverside Drive Subdivision in Section 34, Township
27 South, Range 37 East, Brevard County. All required information
and $100.00 processing fee were submitted, and Staff recommended
approval.
On motion by Mr. Dickinson, seconded by Mr. v;illiams and adopted
unanimously, the Trustees authorized issuance of commercial dock
permit.
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DIX IE AND LEVY COUNTIES - Russell Bourkard of Bonifay, Florida,
made application to secure a contract from the Trustees authorizing
him to conduct a "deadhead" log operation in the Suwannee River
southerly of the bridge on U. S. 19 at Fannin Springs. He offered
to pay $5,00 per thousand on all logs recovered and processed into
lumber. He had an agreement with Georgia Pacific to deliver a
supply of pine lumber cut from recovered logs on a trial basis and
was most anxious to commence operations, but he indicated that
total recoveries would not exceed perhaps 5 or 6 thousand feet per
month since his operation would be quite small.
The Director said that another similar request was received from
Davis Elmore, and that both small operations appeared to offer no
damage. A review of the files indicated that the Trustees had
authorized several similar agreements, none of which was of long
duration, and the $5.00 per thousand offer was not out of line.
Staff recommended award of contract to each applicant covering the
Suwannee River and perhaps other rivers upon request, based on pro-
visions and conditions as approved by the office of the Attorney
General, and subject to condition that the agreements be so v/orded
as to provide adequate protection to the state for collection of
the payments that would be due under the terms of the agreements
for recovery of these logs and processing into lumber.
Motion was made by Mr. Williams, seconded by Mr. Conner and adopted
unanimously, that the Trustees authorize contracts with the two
parties applying to remove "deadhead" logs subject to the above
conditions recommended by the Staff.
ST. LUCIE COUNTY - Lease. Indian River Broadcasting Company was
the holder of Lease No. 1010 covering a parcel of submerged land in
St. Lucie County consisting of 4.9 acres, more or less, on which was
situate their radio tower. Rental of $150.00 per year was paid for
the lease, which expires on August 19, 1970. Frank Fee, attorney
for the company, requested renewal of the lease for a period of 15
years with a modified description of 1.36 acres. Both the City of
Fort Pierce and the Board of County Commissioners of St. Lucie County
waived objection to extension of the lease. The county was owner
of upland property adjacent to the tower installation.
Staff recommended approval upon condition that the annual rental be
increased to $175.00 subject to review of the lease upon the expira-
tion of each 5-year period to determine appropriate rental to be
charged for the ensuing 5-year period.
Mr. Adams raised questions regarding the amount of rent and whether
the installation blocked use of the area for recreation, and Mr.
Conner asked if it was a safety hazard. After discussion and in
viev/ of the fact that the radio tower was already in place and no
objection was made by the city or county, motion was made by Mr.
.Villiams, seconded by Mr. Adams, and adopted unanimously, that the
Trustees authorize renev/al of the lease for 15 years at $175.00
annual rent, subject to review each 5-year period as recommended
by the Staff, for the reduced area, now 1.36 acres.
V OLUSIA AND INDIAN RIVER COUNTIES - Permits. The following two
applications v/ere presented, v/ith request for consideration by the
Trustees of policy regarding procedure the Staff should follow in
such navigation and public works projects:
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1. The City of Daytona Beach applied for permission to install
a 16-inch water main buried in a trench across the Intra-
coastal Waterway 1.1 miles south of the Orange Avenue
Bridge, in Volusia County.
2. Archie Smith of Sebastian, Florida, applied for permission
to dredge a navigation channel 100 feet long by 40 feet wide
and 4 feet in depth. This channel met the criteria set by
the Trustees.
In the past, action on valid navigation and other public works
projects was taken at staff level. The Florida Board of Conservation
had followed a policy of not objecting to navigation and public
works projects when they conformed to rules or criteria adopted by
the Trustees.
Chapter 67-393 Laws of Florida provides that the Trustees may require
a Florida Board of Conservation report on all navigation and public
works projects unless waived by the Trustees. Under the new law.
Section 253.1 3 Florida Statutes prohibits any type of operation
seaward of the bulkhead lines, except that works under 2(a) "For the
construction, improvement or maintenance of navigation channels and
drainage and water control facilities." and 2(b) "For the construction
of trenches for the burial or installation of water, sewer, gas, oil,
gasoline, fuel, electric, telegraph or telephone lines, cables or
mains" shall be undertaken after receipt of a permit from the Trustees,
which permit shall be granted after consideration of a biological or
ecological study unless waived by the Trustees, upon a showing of
the public interest which will be served by such works.
The Trustees were requested to authorize the Staff to issue permits
for such projects at the staff level as in the past, upon the appli-
cations conforming to rules or criteria for navigation channels or
serving the public interest. The Director said that quite a number
of such applications were received, and it was uncertain whether the
Trustees desired each to appear on the agenda.
Mr. Adams said he knew that some of the applications were comprehensive
and he would like to become better informed on such matters. Governor
Kirk requested that the applications be presented to the Trustees for
a while.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that the applications of the City of Daytona
Beach and Archie Smith be approved, with the understanding that all
such applications for construction and installations beyond the bulk-
head line be brought to the Trustees for consideration.
PALM BEACH COUNTY - SS Amaryllis. The U. S. District Court for the
Southern District of Florida entered an order authorizing the Trustees
to proceed with removal of the stranded vessel, the SS Amaryllis, which
had been on the beach in the City of Riviera Beach in Palm Beach County
since hurricane Betsy in 1965. All efforts to require removal by the
owner, Mcintosh Steamship Company, were unsuccessful, the owner had
abandoned the vessel, and the Staff was initiating efforts to have
it removed at the earliest possible date. No specific plans were
formulated at this time, but working with all governmental agencies
having an interest, it was hoped that a satisfactory plan could be
implemented in the near future to accomplish the objective of
removing the vessel.
The Trustees were greatly concerned that the ship with its remaining
9-5-67
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contents of oil be removed, as it could be jeopardizing the whole
area in the hurricane season.
Mr. Nat Reed of the Governor's office said that the office of the
U. S. Army Corps of Engineers was processing the papers to Washington
today, that their problem was fiscal as well as getting the necessary
equipment to begin the work. He stated that an examination had
revealed that there was much less oil in the vessel than anticipated.
The Staff was directed to report to the Trustees, at least within
two weeks.
The Director requested authority to continue to use Trustees' funds
for operations of the marine salvage patrol for the purpose of
administration and supervising contracts granted by the State Board
of Antiquities subsequent to September 1, 1967, which is the date
under the provisions of Chapter 67-50 on which the newly created
Board of Archives and History was scheduled to become effective.
On motion by Mr. Williams, seconded by Mr. Christian, and adopted,
the Trustees authorized continue use of Trustees* funds to discharge
these responsibilities under the over-all supervision of either the
Florida Board of Antiquities or the Board of Archives and History,
v)hichever agency is charged with these responsibilities on or after
September 1, 1967.
On motion duly adopted, the meeting
ATTEST: K.-.^^^'^tf ^, L/&'^£..- ^
DIRECTOR - SECRETARY
9-5-67
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Tallahassee, Florida
September 12, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Tom Adams Secretary of State, Acting Chairman
Earl Faircloth Attorney General
Broward Williams Treasurer
Floyd T. Christian Superintendent of Public Instruction
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
The Director requested approval of minutes of the meeting of
September 5, 1967, with the last item recorded to be changed, however,
to read that the Trustees authorized continued use of Trustees'
funds to discharge these responsibilities under the over-all
supervision of either the Florida Board of Antiquities or the
Board of Archives and History, whichever agency is charged with
these responsibilities on or after September 1, 1967.
On motion by Mr. Conner, adopted without objection, the correction
was accepted and the minutes of September 5, 1967 were approved.
Before commencing to consider the agenda, the Director said that
the Trustees might wish to give consideration to a question he would
like to pose with reference to the fact that under new legislation,
being Chapter 67-269, one provision was that the Trustees shall not
sell or dispose of any lands the title to which is vested in the
Trustees except by vote of at least five of the seven Trustees. In
case there were only five members present, and one vote against a
sale would deny the application which might be construed as final
action, the applicant might request that the matter be deferred until
all members of the board were present.
Mr. Adams said that when a sufficient number of members were present
to constitute a quorum, he thought the Trustees should proceed to
act; and if a request were made for reconsideration of an item he
was sure the board would be glad to have the matter presented. The
applicant could request another hearing, or an absent member of the
board might ask for reconsideration.
Mr. Faircloth said he understood the point but thought that the
Trustees would do whatever was fair as the situations arose.
MONROE COUNTY - File No. 1949-44-253.12. On July 18, 1967, the
Trustees considered application made by Phillips Surveying, on
behalf of Bayview Enterprises, Inc., the abutting upland owner, with
offer of $325.00 per acre, the value reported by Staff Appraiser,
for purchase of 2 separate parcels of submerged land in the Bay of
Florida in Section 21, Township 67 South, Range 26 East, Rockland
Key, containing 32.18 acres, more or less, in Monroe County. Notice
of sale was published in the Key West Citizen, proof of publication
filed, and no objection to the sale was received by the Trustees'
office. Staff recommended the sale.
The biological report stated that the parcels were rocky, very
9-12-67
- 292 -
shallow, did not support any marine vegetation, were not sport or
commercial fishing areas.
Motion was made by 14r. Faircloth, seconded and adopted, that sale
of the advertised parcels be confirmed in favor of the abutting
upland owner .
MONROE COUNTY - File No. 1976-44-253.12. On July 25, 1967, the
Trustees considered application made by Bailey, Mooney, Post Asso-
ciates, on behalf of iVhitney Bourne Atwood, the abutting upland
owner, with offer of $425.00 per acre, approved by the Staff
Appraiser, for purchase of a parcel of submerged land in the Bay
of Florida in Section 28, Township 63 South, Range 37 East, Upper
Matecumbe Key, containing 0.26 acre, more or less, in Monroe
County. The parcel was advertised for objections only in the Key
West Citizen, proof of publication filed and no objection received.
Staff recommended the sale.
The biological report offered no objection to sale of the parcel
of submerged land.
Motion was made by Mr. Faircloth, seconded and adopted, that sale
of the advertised parcel be confirmed in favor of the applicant.
MONROE COUNTY - File No. 1995-44-253.12. On July 25, 1967, the
Trustees considered application made by Old Island Development, Inc.
the abutting upland o^^mer, with offer of the appraised price of
$1000 per acre for purchase of a parcel of submerged land in Key
West Harbor, northwesterly of and adjacent to a part of Square 1
in the City of Key West, abutting uplands on the Island of Key West
in Township 67 South, Range 25 East, containing 0.6 acre, more or
less, in Monroe County. Notice of sale was published in the Key
West Citizen, proof of publication filed and no objection received.
Staff recommended the sale.
The biological report offered no objection to sale of the parcel
of submerged land.
Motion was made by Mr. Conner, seconded and adopted, that sale of
the advertised parcel be confirmed in favor of the applicant.
MONROE COUNTY - File No. 1999-44-253.12. On July 25, 1967, the
Trustees considered application made by Bailey, Mooney, Post Asso-
ciates on behalf of J. H. Loverin, abutting upland owner, with offer
of $425.00 per acre, value approved by Staff Appraiser, for purchase
of a parcel of submerged land in Blackwater Sound in Section 14,
Township 61 South, Range 39 East, Key Largo, containing 0.90 acre,
more or less, in Monroe County. Notice of sale was published in
the Key V/est Citizen, proof of publication filed, and no objection
from individuals was received.
Although the biological report showed the parcel contained grasses
and was a nursery and feeding ground for marine life, the Staff
felt that because of its location between two areas previously sold,
and its small size, it would be in the best interest of the commu-
nity for the parcel to be filled and developed. This parcel, if not
filled and developed, would create a pocket to catch and hold debris.
There is very little tidal action in the general area. Staff
9-12-67
293 -
recommended approval of the sale, as it did not appear that the
public interest would suffer as much from sale of the small parcel
as from an undesirable pocket.
Mr. Adams said he would be against the sale.
Motion was made by Mr. Faircloth, seconded and adopted without
objection, that the sale be denied.
PALM BEACH COUNTY - File No. 1963-50-253.12. On July 18, 1967, the
Trustees considered application from Brockway, Owen and Anderson
Engineers, on behalf of Marbet Corporation, the abutting upland
owner, with offer of $1,800.00 per acre, approved by the Staff
Appraiser, for a parcel of submerged land in Lake Worth in Section
28, Township 42 South, Range 43 East, containing 1.19 acres, more
or less, in the City of Riviera Beach landward of the established
bulkhead line in Palm Beach County. Notice of sale was published in
the Palm Beach Post, proof of publication filed, and no objection
received.
The Board of Conservation biological study of marine life in the
northerly portion of Lake Worth made in 1961 and reprinted in 1963
reported that submerged bottoms were extensively silted on both sides
of the intracoastal waterway and that sea grass and nursery grounds
for fish and shrimp appeared to be lacking in the area. September
1964 report by the biologist made at the time of establishment of
the Riviera Beach bulkhead line showed no valuable sea grass or
nursery grounds.
Staff recommended the sale and that credit in the amount of $654.82
be allowed to the owner. Prior to the date of enactment of the
Bulkhead Act on June 11, 1957, and according to the policy in effect
at that time, the Trustees received payment of that amount for the
material to be used in filling the subject parcel under Section
271.01 Florida Statutes. The owner had not used any of this material.
Motion was made by Mr. Conner, seconded and adopted without objec-
tion, that sale of the 1.19 acres be confirmed and credit of $654.82
be allowed, as recommended by the Staff.
PALM BEACH COUNTY - File No. 1987-50-253.12. On July 18, 1967, the
Trustees considered application made by Brockway, Owen and Anderson
on behalf of Spencer Boat Company, the abutting upland owner, with
offer of $2,480.00 per acre, value approved by Staff Appraiser, for
purchase of a parcel of submerged land in Lake Worth in Section 10,
Township 43 South, Range 43 East, 1.306 acres, more or less, in the
City of West Palm Beach, Palm Beach County, landward of the estab-
lished bulkhead line. Notice of sale was published in the Palm
Beach Post, proof of publication filed and no objection to the sale
was received.
The Board of Conservation biological study of marine life for the
northerly portion of Lake Worth made in 1961, reprinted in 1963,
reported that the submerged bottoms were extensively silted on both
sides of the intracoastal waterway, and that sea grass and nursery
grounds appeared to be lacking in the area. May 1963 report made
when changes in the bulkhead line were being considered showed that
the area within the line did not contain valuable sea grasses. Staff
recommended approval of the sale.
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Motion was made by Mr. Christian, seconded and adopted unanimously,
that the Trustees confirm sale of the advertised parcel to the
abutting upland owner.
PALM BEACH COUNTY - File No. 2002-50-253.12. On July 18, 1967, the
Trustees considered application from Adair and Brady on behalf of
County Builders' Association of Florida, Inc., the abutting upland
owner, with offer of $1,795.00 per acre, value approved by Staff
Appraiser, for purchase of a parcel of sovereignty land in Lake
Worth in Section 21, Township 42 South, Range 43 East, in the Town
of Lake Park, containing 0.47 acre, more or less, which was filled
subsequent to the enactment of the Bulkhead Act, being a strip of
land 30 feet wide and approximately 675 feet long, landward of the
established bulkhead line. The application was made to clear title
in the upland owner .
Notice of sale was published in the Palm Beach Post, proof of publi-
cation filed in the Trustees* office, and no objection filed. Staff
recommended confirmation of sale of the small filled parcel.
On motion adopted without objection, the Trustees approved the
recommended sale to clear the title.
BROWARD COUNTY - File No. 2013-06-253.12. On July 18, 1967, the
Trustees considered application from William Gundlach on behalf of
August Urbanek, the abutting upland owner, with offer of $10,500.00
per acre, value approved by Staff Appraiser, for purchase of a parcel
of submerged land in New River Sound in Section 12, Township 50 South,
Range 42 East, landward of the established bulkhead line in the City
of Fort Lauderdale, Broward County, lying easterly of and across SE
26th Avenue from Lots 1, 2, 3, 29, 30, 31 and 32, Block 12 of Idle-
wyld Subdivision as recorded in Plat Book 1, Page 19, Public Records
of Broward County, containing 0.18 acre, more or less. Notice of
sale was published in Fort Lauderdale News, proof of publication
£iled.
Objections were received from several individuals, from Idlewyld
Improvement Association, from one riparian owner who stated that
the area should be preserved for public use, and from Representative
George L. Caldwell, attorney, who requested deferment to allow
investigation of the riparian interest of the applicant.
The applicant had placed on record an instrument restricting the
use of this area, if acquired, for the residents of the condominium
building to be constructed on the upland.
In view of the questions and objections raised after preparation of
the printed agenda, the Staff requested deferment.
The biological report offered no objection to the extension offshore
in the heavily dredged and filled waterf rentage of downtown Fort
Lauderdale .
On motion by Mr. Williams, adopted without objection, the Trustees
postponed further consideration of the application.
DUVAL COUNTY - File No. 2015-16-253.12. On July 18, 1967, the
Trustees considered application made by Lonnie Wurn, attorney, on
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behalf of St. Johns Shores, Inc., the abutting upland owner, with
offer of $250.00 per acre, the value approved by the Staff Appraiser,
for purchase of a tract of submerged land in the St. Johns River in
the Mill Cove area in Section 28, Township 1 South, Range 27 East,
containing 43.0 acres, more or less, landward of the established bulk-
head line in Duval County. Notice of sale was published in the Florida
Times Union, proof of publication filed in the Trustees' office.
The Florida Board of Conservation report made for other sales in the
area stated that it was not a commercial or sport fishing zone,
there was no vegetation except a narrow fringe of marsh in the cove
each of Reddie Point, that the river was polluted, and that the tv/o
parcels recently sold in the area lay largely within a spoil area
for Jacksonville harbor dredging.
Objections were received from George Fish for LaVilla Investment
Company, owner of the east portion of Lot 14, Bennett Park, and from
Eugene VJallace, riparian ovimer of nearby property. Mr. Fish's objec-
tions, largely on conservation grounds, were previously set forth in his
objection to another recent application. Also, he and Mr. Wallace
mentioned a creek and drainage which might be affected.
There being no conservation values to be protected, and other sales
having been made in the area after re-examination of the bulkhead
line by the county and reconsideration of the appraised price, the
Staff recommended on the printed agenda that the objections be over-
ruled and the sale confirmed. After preparation of the agenda, a
number of objections were received apparently as a result of a short
article in the local newspaper calling attention to the sale and to
conservation of natural resources in a general manner, but without
specific detail to the particular conditions in this area. On the
sale date a petition was received requesting a hearing.
Objections were received on September 8 from the Izaak Walton League.
The Director said he had been requested by two State Senators from
the area to postpone the matter.
Mr. Wurn, on behalf of his client, the applicant, said he had practiced
in Jacksonville for many years, that this was an application for
purchase which was started in 1961 by requesting the county to set
the bulkhead line, that a bulkhead line for a long shoreline area v/as
located by the county engineer, approved by the Board of County
Commissioners of Duval County, approved by the Trustees and more than
50% of the land along this line had been approved for sale by the
Trustees. He said the State Board of Conservation had surveyed the
area which was a spoil area with no fish or oysters.
Also, Mr. Wurn pointed out the shallow depth noted on the map prepared
by the U. S. G. S., indicating mud flats, said his client owned about
one-half mile frontage on the river, his land was swampy and develop-
ment would be expensive. He showed the members a number of photographs
to substantiate his description of the land. He recalled that last
December v/hen two sales in this vicinity were being considered, the
Trustees deferred ection and the bulkhead line was re-examined and
re-affirmed by the county engineer and the Board of County Commissioners
of Duval County. He expressed the opinion that the objections were
unfounded, probably based on a newspaper story appearing three days
ago which did not contain the correct information.
Mr. Adams said he thought the Staff recognized that and had recom-
mended that the sale be confirmed. But in the light of the recent
objections the matter would be taken under advisement.
9-12-67
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Motion was made by Mr. Faircloth, and adopted without objection,
that further action be postponed because of the large number of
objections received.
MONROE COUNTY - File No. 1912-44-253.12. On July 25, 1967, the
Trustees considered application from Dr. Russell L. Scholl, abutting
upland owner, who offered $425.00 per acre, approved by Staff
Appraiser, for purchase of a parcel of submerged land in the Bay
of Florida in Section 5, Township 66 South, Range 33 East, 0.21
acre at Crawl Key No. 3 in Monroe County. Notice of sale was pub-
lished in the Key West Citizen, proof of publication filed.
Because of certain questions raised by Mr. Ralph E. Cunningham, Jr.,
involving the validity of the title to the uplands held by the
applicant, the Staff recommended that action be deferred.
It v/as so ordered.
PALM BEACH COUNTY - File No. 1970-50-253.12. On July 18, 1967, the
Trustees considered the application from Brockway, Owen and Anderson
Engineers, on behalf of Hallie B. Hicklin, abutting upland owner,
with offer of $5,234.86 per acre, approved by the Staff Appraiser,
for purchase of a parcel of submerged land in Lake Worth in Section
22, Township 43 South, Range 43 East, Town of Palm Beach, contain-
ing 0.575 acre, more or less, in Palm Beach County landward of the
established bulkhead line. Notice of sale was published in the Palm
Beach Post, proof of publication was filed in the Trustees' office.
The Board of Conservation biological report offered no objections
to the sale. Objections were received from J. M. Ballentine, a
riparian owner near the application parcel, and from Margaret and
Avy B. Smith, citing the beauty of the area near a Lake Trail and
loss to other property owners along said trail. One party raised a
legal question regarding the Lake Trail and the applicant's right
to purchase. The Staff recommended deferment.
Without objection, the Trustees deferred action on this application.
MONROE COUNTY - File No. 1950-44-253.12. Henry E. Coleman, attorney,
on behalf of Fred P. Henning et ux, abutting upland owners, offered
$425.00 per acre, the established price, for a parcel of submerged
land in Hawk Channel lying southerly of Stock Island in Township 67
South, Range 25 East, Monroe County.
The original application submitted by the applicant was for 26.65
acres lying southerly of his upland. He agreed to reduce his
application to 3.47 acres when the biological report received under
date of January 16, 1967, recommended a cutback so as not to extend
more than 250 feet offshore from his present property line. Staff
recommended advertisement of the 3.47 acre parcel.
Motion was made by Mr. Conner, seconded and adopted, that the
3.47 acres be advertised for objections only.
MARTIN COUNTY - File No. 1959-43-253.12. Crary, Crary and Crary,
attorneys, on behalf of F. W. Michaux, the abutting upland owner,
offered $425.00 per acre, approved by Staff Appraiser, for purchase
9-12-67
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of a parcel of submerged land in the Indian River in Section 1,
Township 38 South, Range 41 East, containing 0.54 acre in the Town
of Sewall's Point in Martin County, landward of the established
bulkhead line.
The applicant agreed to reduce his original application from 1.19
acres to 0.54 acre. The biological report from the Board of Conser-
vation received on July 17, 1967, recommended that no sale of sub-
merged land be made beyond a line 60 feet parallel to the shore line,
so as to preclude filling the grassy area serving as nursery grounds.
Staff recommended advertisement for objections.
Motion was made by Mr. Conner, seconded and adopted, that the 0.54
acre parcel be advertised for objections only.
DADE COUNTY - Bulkhead Line. The Board of County Commissioners of
Dade County on May 3, 1966, adopted Resolution No. R-451-66 locating
the bulkhead line for the west shore of Card Sound and Barnes Sound
in the reach from Mud Point to the north bank of Manatee Creek at
U. S. Highway No. 1 in the unincorporated areas of Dade County.
There were six objectors at the local level, the basic objection to
this alignment being that the line was too close to shore. One
objector filed suit against the Board of County Commissioners
objecting to the bulkhead line as established in Section 13, Town-
ship 59 South, Range 39 East. Subsequent to the filing of this suit,
the Board of County Commissioners on December 5, 1966, vacated and
rescinded that portion of Resolution No. R-451-66 insofar as it
related to bulkhead lines in said Section 13, eind directed a rehearing
on that portion of the line.
The bulkhead line presented for approval represented the culmination
of conferences and field trips by Dade County Planning and
Engineering personnel, members of the Staffs of the Trustees and
of the Florida Board of Conservation. The Staff recommended
approval of the bulkhead lines in Resolution No. R-451-66, except-
ing therefrom the portion vacated and rescinded by the county.
Board of Conservation biologist Kenneth D. Woodburn was at the
meeting on this date and confirmed the approval of the Board of
Conservation Staff.
Mr. Faircloth called attention to a portion of the conservation
report regarding shallow grassy productive bottoms which the Director
said had reference to the next item on the agenda in which it was
recommended that bulkhead lines be eliminated around the Arsenicker
Keys.
Motion was made by Mr. Faircloth, and adopted unanimously, that the
Trustees approve the bulkhead lines set by Dade County in Resolution
No. R-451-66 excepting therefrom the portion vacated and rescinded
by the county in Section 13, Township 59 South, Range 39 East.
DADE COUNTY - Bulkhead Line. The Board of County Commissioners of
Dade County on February 21, 1967, adopted Resolution No. R-182-67
which eliminated the bulkhead lines around the Arsenicker Keys in
the unincorporated area of Dade County. All required exhibits were
furnished, and there were no objections at the local level, it was
learned that Dade County intended to make application to the
Trustees for acquisition of the Arsenicker Keys to be held in
trust by Dade County.
9-12-67
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Motion was made by Mr . Faircloth, and adopted unanimously, that
the Trustees approve the action of the Board of County Commissioners
of Dade County eliminating the bulkhead lines as shown in the county
Resolution No. R-182-67.
LEE COUNTY - The Board of County Commissioners of Lee County on
behalf of the United States of America made application for additional
right of way for channel improvement for the Fort Myers Beach Boat
Harbor located in Sections 13 and 14, Township 46 South, Range 23
East, Lee County, containing 3.05 acres to be added to allow a
greater turning area for the entrance channel. For this important
commercial and pleasure boat channel project, the Staff recommended
that the making of a biological study of the area be waived and the
additional easement be granted.
Mr. Faircloth commented that there was no question but that such
work would be adverse to biological values, but the project would be
in the public interest for navigation. Mr. Adams said there would
be no way to do it without some biological damage.
Motion was made by Mr. Williams, and adopted unanimously, that the
application for additional right of way be approved.
LEON COUNTY - In order to construct eind maintain the Indian Mound
Road (Sec. 55524-2601) on land title to which is held by the
Trustees for the use and benefit of the Outdoor Recreational
Development Council, the State Road Department requested (1) dedi-
cation of a 0.17 acre parcel of land in Section 10, Township 1
North, Range 1 West, for road right of way, and (2) perpetual
drainage easement over a 0.10 acre parcel in said Section 10.
Also, the State Road Department requested subordination of encum-
brance covering the interests held by the Trustees, being ein
easement across lands owned by Lowell D. Crowder in this same area,
in connection with the said access road to the Indian mounds.
Staff recommended that authority be granted to process all the
instruments requested by the State Road Department.
On motion by Mr. Faircloth, adopted without objection, the Trustees
approved the recommendation.
MANATEE COUNTY - File No. 274-41-253.124. In recognition of the
request from the Town of Longboat Key in Manatee County, Florida,
staff recommended approval of fill permit issued by the town on
August 25, 1967, to said Town of Longboat Key under the provisions
of Section 253.124 Florida Statutes as amended by Chapter 67-393,
Laws of Florida, Acts of 1967, to fill one of the three mangrove
flats in Sarasota Bay in Section 31, Township 35 South, Range 17
East, containing approximately 10 acres, which were conveyed to the
town by action of the Trustees on November 25, 1958.
The Florida Board of Conservation marine biologist, K. D. Woodburn,
by letter of August 30 to the Town of Longboat Key reported on the
permit to dredge and fill (U. S. Corps of Engineers SAJSP Permit
67-510) not unfavorably, as the dredging for material would be from
existing and proposed channels with diking of fill areas to minimize
siltation. It was pointed out that some productive, grassy bottom
9-12-67
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would be eliminated and a suggestion was made that bulkhead lines
be redrawn to contain only each of the three town islands indivi-
dually.
After preparation of the printed agenda, many objections were
received based on conservation of natural resources, and some men-
tioned economic factors involved in the town's plan. In the file
were several letters from Samuel Y. Gibbon objecting to the fill
permit on behalf of Longboat Key Estates Club Assoc, Inc.
Mr. Adams asked if the town was represented at the meeting and
there was no response.
Town Commissioner Michael Brescia, who was not in favor of the
project, said there was no report on the advisability of the plan,
no source of funds for the project which would be very expensive,
and as he had no information on which to base his decision he had
abstained from voting at the special commission meeting. He felt
there was land on the main island for the municipal complex so that
the 10-acre island would not have to be used.
Attorney William H. Namack represented property owners who live on
Longboat Key and also Leroy Smith, in opposition to this municipal
complex proposal. In his opinion the dredge and fill permit was not
issued properly nor requirements of the new law complied with as he
understood the provisions.
Secretary of State Adams said he knew that the Trustees did approve
a bulkhead line embracing the three islands, that the Trustees
refused to grant the city's application for conveyance of 93 acres
of submerged land, which made it appear to him as if the 3 islands
were conveyed to be held in trust. However a right of way for a
causeway was granted, he said, with apparently no determination of
the cost of the development desired by the city or how it will be
financed. He did not know the original intent of the town when
they acquired the 3 islands.
Mr. Conner said that in view of the lack of any definite plan and
the statement by a city official that there is adequate area on the
main island for the municipal buildings, he made a motion that the
application be denied. Motion was seconded by Mr. Williams and
unanimously adopted.
MONROE COUNTY - By resolution adopted in meeting August 18, 1967,
the Florida Board of Parks and Historic Memorials made application
for dedication from the Trustees of the submerged lands lying between
the westerly boundary of John Pennekamp Coral Reef State Park and
Key Largo, including the submerged land in Largo Sound and the various
inlets along the easterly coast of Key Largo, for use in connection
with the operation and maintenance of the park.
Staff recommended that dedication be authorized, but to contain the
provision that the statutory riparian rights and the right to purchase
the riparian bottom lands by any affected upland owner not be
impaired in any manner .
Motion was made by Mr. Conner, seconded and adopted, that the
requested submerged land be dedicated to the Florida Board of Parks
and Historic Memorials for use in connection with the John Pennekamp
Coral Reef State Park, with provision in the instrument as recommended
by the Staff.
9-12-67
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SHELL LEASES - The Trustees accepted as information the following
report of remittances to the Florida Board of Conservation from
holders of shell leases:
Lease No. Name of Company
Amount
1718 Radcliff Materials, Inc. $11,718.80
1788 Benton and Company 4,466.68
^^^^ Bay Dredging & Construction Company 6,403.69
2235 Ft. Myers Shell & Dredging Co. 440.47
PALM BEACH COUNTY - The Division of Corrections requested use of
additional land for extending the east-west runway of the Belle
Glade State Airport an additional 1290 feet. The present airport,
located on 93.94 acres in the SVik of Section 29, Township 43 South,
Range 37 East, Palm Beach County, is under Lease No. 1851 to the
Board of Commissioners of State Institutions for the use and benefit
of the Division of Corrections. The Division has the primary
responsibility of management and maintenance of the airport, and
the surrounding land is devoted to cattle grazing by the Glades
Correctional Institution. The Institution advised that extension
of the runway would have little effect on their cattle grazing.
Staff recommended modification of Lease No. 1851 to include the S^
of SW% of SE^ Of Section 29, Township 43 South, Range 37 East, for
extension of the runway.
Motion was made by Mr. Faircloth, seconded by Mr. Christian and
adopted unanimously, that the Trustees grant the request and
authorize modification of Lease No. 1851 to include the additional
area for the airport runway.
PINELLAS COUNTY - The City of Clearwater by Resolution No. 67-80
adopted August 28, 1967, requested permission to remove certain shoal
areas located in St. Joseph Sound and Mandalay Channel in Township
29 South, Range 15 East, in said city in Pinellas County. Removal
of the shoal areas will improve navigation and water recreation
facilities, and the dredge material will be placed on fill area
designated by SAJSP Permit 56-17 for Island Estates in Big Mangrove
Island and Pope Island-Cow Section.
Biological survey made by the Florida Board of Conservation offered
no objection to the dredging project. Modification of the dredge
area was requested by the city as an emergency item, as it was imper-
ative that work begin by September 15, 1967, if the city was to
accomplish the work at no cost. City Engineer Max G. Battle and
Wallace Skinner were present, and in answer to question by Mr.
Christian the former said there had been no local objections to the
proposed dredging.
On motion by Mr. Christian, adopted without objection, the Trustees
approved the request of the City of Clearwater.
ST. LUCIE COUNTY - Under date of May 28, 1929, the Trustees executed
Deed No. 17895 under authority of Chapter 13667, Laws of Florida,
Acts of 1929, conveying to the City of Fort Pierce a 475.63 acre
tract of submerged land in the Indian River in Sections 34 and 35,
Township 34 South, Range 40 East, St. Lucie County, for $125.00 per
9-12-67
301 -
acre consideration. As provided by said Act, the deed contained
restrictive covenant that said city shall at all times retain this
property for municipal purposes only and shall in no case dispose of
it to private interests.
House Bill 2484 enacted into law during the past Legislative Session
authorized the Trustees to execute a good and sufficient deed of
conveyance to the city describing said land, or an instrument in the
nature of a disclaimer, to eliminate the restrictive covenant. The
Director said that the city had paid a good price for the land in
1929.
On motion by Mr. Christian, seconded and adopted unanimously, the
Trustees authorized issuance of an instrument which would eliminate
the restrictive covenant in Deed No. 17985.
On motion duly adopted, the meeting was adjourned.
ATTEST:
UhQ^^^^^
SECRETARY OF STATE - ACTING CHAIRMAN
DIRECTOR - SECRETARY
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■k * *
* * *
Tallahassee, Florida
September 19, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Tom Adams
Earl Faircloth
Fred O. Dickinson, Jr
Broward Williams
Doyle Conner
Secretary of State, Acting Chairman
Attorney General
Comptroller
Treasurer
Commissioner of Agriculture
Robert C. Parker
Director
On motion by Mr. Conner, duly adopted, the Trustees approved the
minutes of the meeting of September 12, 1967.
LEE COUNTY - File No. 2025-36-253.12. Application was submitted by
Richard D. DeBoest on behalf of Grafton Development Company, abutting
upland owner, with offer of $2,000 per acre, more than the appraised
value, for purchase of a parcel of submerged land in Matanzas Pass
in Section 24, Township 46 South, Range 23 East, containing 0.311
acre in Lee County landward of the established bulkhead line. Staff
recommended advertisement for objections only.
The Board of Conservation in their biological reports of the area
dated March 17 and May 16, 1967, offered no objections to the estab-
lishment of the bulkhead line and the proposed improvements landward
thereof.
Mr. Adams asked how the values were determined, saying this was one
phase he thought the board was concerned about in the sale of land.
9-19-67
- 302 -
The Director said the Staff made every effort to secure correct
valuations, sometimes using records in the files with respect to
similar property, or ordering appraisals made.
Motion was made by Mr. Conner, seconded by Mr. Faircloth and adopted
unanimously, that the parcel be advertised for objections only.
MONROE COUNTY - File No. 491-44-253.12. Application was presented
from Sea Farms, Inc., abutting upland owner, with no offer made,
for purchase of a parcel of submerged land in the Bay of Florida in
Section 6, Township 66 South, Range 28 East, containing 9.99 acres
in Tarpon Belly Keys, Monroe County. The application was withdrawn
from the agenda on July 25 for further study. Although it lay
wholly within the Great White Heron Refuge which was created by
action of the Trustees August 12, 1936, by appropriate resolution
in which it was stated that the area located within the boundaries
as described in the resolution was withdrawn and would be subject
to the purpose and conditions set forth in the resolution. it was
further stated in the resolution that all areas located within the
boundaries of the sanctuary were dedicated to become part of an
inviolate sanctuary for all forms of bird life under the supervision
of the United States Biological Survey. For the reason that the
executive order establishing the refuge had not become effective in
1936, the action of the Trustees was reaffirmed by a resolution
adopted on January 31, 1940. The executive order had become effec-
tive on October 27, 1938.
Upon receipt of the application the Staff requested advice of the
Attorney General as to the legal authority to make a sale of sub-
merged land located within the sanctuary, and by letter of June 23,
1967, Attorney General Faircloth advised the Director that the
Trustees, being the owners of the submerged land involved, have full
right and authority to convey the same in accordance with existing
laws and rules and regulations but that such a conveyance of
submerged lands located within the sanctuary should be subject to
the dedication, and any conveyance of submerged land within the
sanctuary should be upon condition that the grantee or purchaser,
or its successors and assigns, could not violate or use and occupy
the property in any manner that would be detrimental to the rules
and regulations or directions prescribed or given by the Federal
Government in connection with this wildlife reservation.
The Director said this was an unusual situation, that the applicants
desired to use the subject land for shrimp farms, but that some
reservations were expressed by Mr. Robert Ingle of the Board of
Conservation.
Mr. Adams said the members should look into the matter very carefully
as it is in a dedicated area, but that the applicant proposed to use
techniques of producing shrimp as done in Japan, that can only be
done where there is a sufficient area and water flow, and if success-
ful it would be a great boon to the State of Florida.
On motion adopted without objection, the Trustees authorized adver-
tisement of the parcel for objections only.
POLK COUNTY - File No. 1984-53-253.36. Peterson, Peterson & Harris
on behalf of Skinner Groves, Inc., abutting upland owner, offered
the appraised value of $500.00 per acre for a parcel of reclaimed
lake bottom land in Lake Bonny in Section 20, Township 28 South,
9-19-67
- 303 -
Range 24 East, containing 5.13 acres in the City of Lakeland in
Polk County. Staff made inquiry as to possible public use of the
parcel. No interest was expressed locally, the site offered relative-
ly little outdoor recreation potential, and the Outdoor Recreational
Development Council Director advised that there was no objection to
the application for purchase by the riparian upland owner. Staff
recommended conveyance without advertising in accordance with the
usual policy of the Trustees for sale of reclaimed land of this kind
to the abutting upland owner.
The Director said that such land had not been advertised in the past,
that since the statute gives the upland owner preferential right to
buy if the Trustees sell, the Staff felt that advertisement was
unnecessary. He said that was a matter of policy which the Trustees
might decide; but if such land were to be advertised, should be same
procedure be used as in sales of submerged lands? Answering Mr.
Adams' question regarding bottom lands around lakes at low stages,
he said that sale was considered only when the lake was permanently
lowered and stabilized, and the land permanently reclaimed.
Attorney General Faircloth said he thought, regardless of the legal
right of the upland owner, that it should be brought to the public
attention that the land was going to be sold and he would like to
see it advertised. He said that sovereignty lands were being disposed
of, and the same procedure should be followed as other sovereignty
land sales, with adjacent owners notified.
Motion was made by Mr. Faircloth, and adopted without objection, that
the parcel applied for by Skinner Groves, Inc., be advertised for
objections, and that the Trustees change the policy and require
advertisement of reclaimed land to be sold, complying with all pro-
cedures now used for the sale of submerged sovereignty land.
CITRUS COUNTY - The Trustees under date of August 5, 1964, granted
to the Canal Authority of the State of Florida a temporary spoil
disposal easement covering fifteen areas in the Gulf of Mexico in
Townships 17 and 18 South, Ranges 14, 15 and 16 East, needed in
connection with the Cross-Florida Barge Project, said easement to
terminate July 1, 1968. The United States through the Corps of
Engineers has undertaken to improve the original spoil islands
created by excavation of the present channel for recreation purposes,
and has requested that the easement covering seven of the spoil
islands be extended to December 31, 1969. Staff recommended approval,
Motion was made by Mr. Conner, seconded by Mr. Williams and adopted
unanimously, that the Trustees grant the request for extension of
the termination date to December 31, 1969.
LEE COUNTY - The West Coast Inland Navigation District on behalf of
the United States of America requested an easement covering an addi-
tional parcel of submerged land in San Carlos Bay in Section 11,
Township 46 South, Range 22 East, containing 8.96 acres, abutting the
present right of way of the Intracoastal Waterway. The additional
right of way was needed for the transition angle between Cut L-2 and
Cut L-4 of the channel. For this important waterway along the West
Coast of Florida, the Staff recommended that the additional easement
be granted without requirement of a biological study, which may be
waived under provisions of the new act.
On motion unanimously adopted, the Trustees granted the request for
easement over the additional parcel of submerged land.
9-19-67
- 304 -
SARASOTA COUNTY - File No. 2026-58-253.129. Staff requested
authority to issue a disclaimer under the provisions of Section
253.129 Florida Statutes covering 2 lots in a platted subdivision
in Section 34, Township 36 South, Range 17 East, in the City of
Sarasota, Sarasota County, which were filled prior to May 29, 1951.
Michael J. Furen, attorney for Allan L. Mandell, et ux, the owners,
remitted the $10.00 handling charge.
On motion by Mr. Williams, adopted without objection, the Trustees
authorized issuance of the disclaimer for the usual charge.
PINELLAS COUNTY - Pinellas County Water and Navigation Control
Authority on behalf of Gait Construction Co., Inc., submitted appli-
cation for two permits for construction in Boca Ciega Bay in Pinellas
County of (1) a 36-foot dock for Shore Plaza Apartments at 1893
Shore Drive South in South Pasadena, and (2) two 48-foot docks for
Shore Manor Apartments at 1898 Shore Drive South in South Pasadena.
All required exhibits, including $100 processing fee for each
permit, were submitted and ;he Staff recommended approval.
On motion by Mr. Faircloth, duly adopted, the Trustees authorized
issuance of the two state commercial dock permits.
HIGHLANDS COUNTY - Application was made by A. E. Austin, Jr., for
a permit to remove approximately 2,000 cubic yards of fill material
from Lake Clay in Highlands County. All required exhibits, including
$100.00 in payment for the material, were submitted. The Florida
Game and Fresh Water Fish Commission inspected the site and offered
no objection to issuance of the permit to include the standard stipu-
lations as to dredging. Staff recommended approval.
On motion adopted without objection, the Trustees authorized issuance
of permit for removal of the requested amount of fill material.
POLK COUNTY - William Ellsworth applied for a permit authorizing
the removal of approximately 400 cubic yards of fill material from
Little Lake Bonny in Polk County. All required exhibits, including
$25.00 in payment for the fill material, were submitted and the
Staff recommended approval. The Florida Game and Fresh Water Fish
Commission inspected the site and offered no objection to issuance
of the permit.
On motion by Mr. Conner, adopted without objection, the Trustees
authorized issuance of permit for removal of the requested fill
material.
POLK COUNTY - On August 22, 1967, the Trustees took no action pending
review by the Attorney General of the application made by Muriel i.
Brobecker and Virginia W. Ornat for after-the-fact permit for removal
of approximately 450 cubic yards of fill material from Lake Rosalie
in Polk County for improvement of their upland property in Sections
21 and 22, Township 29 South, Range 29 East.
Motion was made by Mr. Faircloth, and adopted unanimously, that the
Trustees authorize issuance of the permit, the applicants having
paid $25.00 for the fill material removed.
9-19-67
- 305 -
LEE COUNTY - Bulkhead Line. Dr. M. Lee Pearce, attorney for Gulf
American Corporation, had requested submission to the Trustees for
final determination with respect to the petition that the Trustees
establish a bulkhead line along the Easterly shore of Matanzas Pass
in Charlotte Harbor in Sections 2, 11, 12 and 13, Township 44 South,
Range 23 East, and in Sections 14, 23, 25 and 35, in Township 43
South, Range 22 East, Lee County. The Trustees had considered the
matter on July 25 and August 29, 1967, and deferred action.
It was suggested that action not be taken on this date. Mr. Adams
said several members would like to hold the matter in abeyance, and
that in discussing the application it had become apparent to him
that not only a conservation question was involved but also legal
considerations which he would recommend that the Attorney General
be asked to pursue on behalf of the Trustees.
Mr. Faircloth expressed concern not only regarding the negative con-
servation report but also with respect to a legal situation involving
decision of the Supreme Court and rights which might have accrued
to owners who had paid taxes for many years based on original
government surveys.
The Director said that normally the courts had held that the dividing
line of ownership was the line of mean high water and that efforts
of owners to claim beyond that would not be superior for the reason
that the Trustees did not have authority to sell beyond that line
at that time.
Without further discussion, the Trustees referred the application for
a bulkhead line to the Attorney General for study and recommendation.
PALM BEACH COUNTY - SS Amaryllis. On September 5, 1967, the
Trustees had asked for a report on progress to have the stranded
vessel SS Amaryllis removed from the beach in the City of Riviera
Beach, and the two weeks being up, the Secretary of State mentioned
the matter again. The Director reported having been in touch with
a number of people and the office of the Governor, and said the
matter would be pursued to the fullest, trying not to prejudice the
rights of the state as to damage or our efforts with the United
States Army Corps of Engineers.
Mr. Adams said it was good to have a report as public information.
CAPITOL CENTER PROPERTY - Trustees' Funds . Upon motion of the
Attorney General, seconded by the State Treasurer, anJ adopted
unanimously, the Trustees did adopt a resolution (an executed copy
of which is placed in the Trustees' files) incorporated below in
these minutes, assuming the obligation of the Board of Commissioners
of state Institutions to repay to the working capital fund
$2,514,646.18, advanced to pay for the acquisition of the following
described real property:
Lots 161-168 inclusive of the original plan of the City of
Tallahassee, Florida, as recorded in the public records of
Leon County, Florida, in the office of the Clerk of the
Circuit Court, Leon County, Florida.
Transfer of Title . Upon motion of the Attorney General, seconded
by the State Treasurer, and adopted unanimously, the Trustees did
adopt a resolution (an executed copy of which is placed in the
9-19-67
- 306
Trustees' files) incorporated below in these minutes, agreeing to
accept title to the above described real property and agreeing to
transfer title to said real property to the Florida Development
Commission.
RESOLUTION
WHEREAS, the Board of Commissioners of State Institutions
has obligated itself to repay certain monies in the total
amount of $2,514,646.18 advanced from the working capital
fund to pay for the acquisition of the following described
real property:
Lots 151-168 inclusive of the original plan of the
City of Tallahassee, Florida, as recorded in the public
records of Leon County, Florida, in the office of the
Clerk of the Circuit Court, Leon County, Florida, and
WHEREAS, the Trustees of the Internal Improvement Fund
are now desirous of assuming this obligation, now therefore,
BE IT RESOLVED by the Trustees of the Internal Improvement
Fund that the Trustees of the Internal Improvement Fund do
hereby agree to and hereby do assume the aforesaid obligation.
IN WITNESS v;herE0F, we place our hands and seals this
25th day of September, 1967 .
(s) CLAUDE R. KIRK. JR.
Governor
(s) TOM ADAMS
Secretary of State
(s) EAFIL FAIRCLOTH
Attorney General
(s) FRED 0. DICKINSON, JR.
Comptroller
(s) BROWARD WILLIAMS
Treasurer
(s) FLOYD T. CHRISTIAN
Superintendent of Public
Instruction
(s) DOYLE CONNER
Commissioner of Agriculture
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_(SEAL)
_(SEAL)
_(SEAL)
JSEAL)
.(SEAL)
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(SEAL)
RESOLUTION
WHEREAS, on September 19, 1967, the Board of Commis-
sioners of State Institutions did pursuant to the provisions
of Chapter 67-269, Laws of Florida, as amended, authorize a
transfer of title to the following described real property
to the Trustees of the Internal Improvement Fund:
Lots 161-168 inclusive of the original plan of the
City of Tallahassee, Florida, as recorded in the public
records of Leon County, Florida, in the office of the
Clerk of the Circuit Court, Leon County, Florida, and
9-19-67
307 -
WHEREAS, Chapter 67-269, Laws of Florida, as amended,
provides that the Trustees of the Internal Improvement Fund
shall be charged with the responsibility of acquiring, adminis-
tering, controlling, managing, supervising, conserving, protecting,
and disposing of all lands accruing to the State from any source
save as excluded therein, and
WHEREAS, the Trustees of the Internal Improvement Fund are
desirous of accepting title to the above described property, and
WHEREAS, the Trustees of the Internal Improvement Fund
conclude and agree that the best interests of the State of
Florida would be served in transferring title to the above
described property to the Florida Development Commission in
order to facilitate and permit the issuance of revenue bonds
for the purpose of financing the construction of legislative
facilities to be located on the above described property
pursuant to the provisions of Chapter 65-385, Laws of Florida,
and Senate Concurrent Resolution No. 438, as passed by the
1967 Session of the Florida Legislature, now, therefore,
BE IT RESOLVED by the Trustees of the Internal
Improvement Fund:
That the Trustees of the Internal Improvement Fund do
hereby agree to accept title to the above described real property
and do hereby agree to the transfer of title to said property
to the Florida Development Commission upon receipt of such
title from the Board of Commissioners of State Institutions;
That the Director of the Trustees of the Internal Improve-
ment Fund upon receipt of appropriate deed or deeds conveying
title to the above described property to the Trustees of the
Internal Improvement Fund immediately commence the preparation
of all instruments necessary to transfer such title to the
Florida Development Commission;
That such instruments be presented to the Attorney General
for the purpose of determining their legal sufficiency;
That thereupon the aforesaid instruments be properly
executed by the Trustees of the Internal Improvement Fund and
be delivered to the Florida Development Commission.
IN WITNESS WHEREOF, we place our hands and seals this
25th day of September, 1967.
(s) CLAUDE R. KIRK. JR. (SEAL)
Governor
(s) TOM ADAMS (SEAL)
Secretary of State
(s) EARL FAIRCLOTH (SEAL)
Attorney General
(s) FRED O. DICKINSON, JR. (SEAL)
Comptroller
(s) BRCWARD WILLIAMS (SEAL)
Treasurer
(s) FLOYD T. CHRISTIAN (SEAL)
Superintendent of Public
Instruction
(s) DOYLE CONNER (SEAL)
Commissioner of Agriculture
9-19-67
- 308 -
On motion duly adopted, the meeting was adjourned,
Lkt
Xcu, JMJtM^^
SECRETARY OF STATE - ACTING CHAIRMAN
ATTEST
DIRECTOR - SECRETARY
*** **♦ ***
Tallahassee, Florida
September 26, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr. Governor
Tom Adams Secretary of State
Earl Faircloth Attorney General
Fred 0. Dickinson, Jr. Comptroller
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
On motion by Mr. Conner, seconded by Mr. Adams and duly adopted,
the Trustees approved the minutes of the meeting held on September
19, 1967
PALM BEACH COUNTY - SS Amaryllis. The Director commented on the
memorandum he had sent to each member this morning containing the
latest information concerning the plans to remove the steamship
Amaryllis now resting partially on sovereignty submerged land and
partially on upland property privately owned which presented legal
problems. Due to the litigation involving the vessel the owners
cannot be required to share in the cost of removing the ship. The
U. S. Army Corps of Engineers, after lengthy discussion and negotia-
tions, suggested the following alternate procedures:
(1) The State of Florida can assume full responsibility for
the removal of the ship. In this connection, the State has
received proposals to accomplish this removal which range from
$88,000 up to $135,000, with a time lapse to complete the
removal of from 6 to 10 weeks;
(2) The State may elect to have the U. S. Army Corps of Engineers
assume full responsibility for the removal of the ship and the
oil. If this course is followed, the District Engineer, Colonel
R. P. Tabb, will prepare specifications and advertise for bids
to accomplish the removal and select the qualified low bidder,
with all supervisory work to be done by the Corps. The
estimated time to accomplish the removal under this procedure
is 14 to 18 weeks, with the State sharing in the cost of the
removal in this manner on a 50-50 matching basis;
(3) The State may wish to contract with a reputable marine
9-26-67
- 309 -
salvage company to pump the oil from the ship without delay,
and with the U. S. Army Corps of Engineers to handle all details
for the removal of the ship. The best estimates available from
the Corps and other reliable sources for the cost of the
removal of the oil range from $5,000 to $10,000. This matter
has been discussed with the Corps and it meets with their
approval, and they have indicated they can participate with
the State in the cost of this project on a 50-50 matching basis.
The Director had talked to several parties that made offers to the
State, had worked closely with Mr. Nathaniel Reed of the Governor's
office, and both recommended the procedure under (3) above.
Mr. Adams said he thought the third procedure was advisable, that the
oil should be removed at the earliest possible moment to remove the
threat of the ship breaking up and the oil damaging the beaches, and
he made a motion that Mr. Reed and those involved proceed with the
utmost dispatch.
Mr. Dickinson appreciated being kept informed, and agreed that the
suggestion in (3) which v/as recommended by the Director and Mr. Reed
should be followed for the greatest protection njt only to the beaches
in the immediate vicinity, but also the Palm Beach Inlet, Lake Worth
and many cities to the south of the beached ship and along the inland
waterway. He said that the hurricane season created more of a crisis
and prompt action should be taken. He was sure that Mr. Reed and
the Director would recommend the most economical approach consistent
with promptness.
Mr. Reed said that Mr. Al Johnson was present, representing General
Marine Service and Transportation, Inc., a very reputable company.
He had obtained a complete plan of the hull and bunkers of the ship,
had been in touch with Belcher Oil Company, and would have a proposal
to submit without delay. Mr. Reed said it was not known whether the
oil was clean, or polluted and worthless, whereupon Mr. Conner said
the Department of Agriculture could take samples. Mr. Reed thought
the board might negotiate with Mr. Johnson on a contract with a
cost-plus basis, and the company could proceed next week.
The motion by Mr. Adams that the procedure under (3) be followed
and that the Staff and the Governor's office negotiate for a contract
on a cost-plus basis with General Marine Service and Transportation,
Inc., was seconded by Mr. Dickinson and unanimously adopted. The
Trustees are to be kept informed, and a special meeting would be
called, if needed.
MONROE COUNTY - File No. 1975-44-253.12. On August 1, 1967, the
Board authorized advertisement for objections only of 125.05 acres
of submerged land in the Bay of Florida lying northwesterly of the
Island of Key West in Township 57 South, Range 25 East, and lying
northerly of and abutting a spoil island locally known as Wisteria
Island, for which tract Phillips Surveying on behalf of FEB Corpora-
tion, the abutting upland owner, offered $300.00 per acre, the price
approved by the Staff Appraiser. No objection to the sale was
received. Notice of sale was published in the Key West citizen,
proof of publication filed in the Trustees' office.
The configuration of the tract was a modification of the original
application area of 170 acres, in order to conform to suggestions
of the biologist of the Board of Conservation to protect certain
grassy areas. The applicant advised that material would be taken
from the channel and canals, and dredging outside of boundaries of
9-26-67
- 310 -
the tract was not anticipated except possibly two or three naviga-
tion access channels. Staff recoiranended the sale.
The Attorney General asked to see the biological report, and
requested that he be furnished copies of such reports for his files.
On motion by the Attorney General, seconded by Mr. Adams and adopted
unanimously, the Trustees confirmed sale of the advertised land to
the applicant at the price offered.
PASCO COUNTY - File No. 2006-51-253.12. On August 8, 1967, the
Trustees considered application from J. D. Brown, the abutting upland
owner, with offer of the appraised value of $200.00 per acre for a
tract of submerged land in the Gulf of Mexico at the community of
Hudson in Sections 32 and 33, Township 24 South, Range 16 East,
Pasco County, landward of the established bulkhead line. Notice of
sale was published in the New Port Richey Press, proof of publica-
tion filed, and no objection to the sale was received.
The biologist of the State Board of Conservation reported that the
advertised 77.77 acre tract was dominated by rock and bare bottom
except for small patches of seagrass near the western limit, that
no commercial fishing was done in the very shallow parcel, and
except for fishing in a canal bordering the parcel and the long fill
to the north it was not a sport fishing area. The report also
stated that dredging and filling according to the development plan
would not materially affect marine resources. Staff recommended the
sale .
The appraisal for the area had been up-dated by the local appraiser,
and the Staff considered the price offered a reasonable return for
the land, the Director advised in answer to questions by the Governor
and the Attorney General.
On motion by Mr. Adams, seconded by Mr. Dickinson, and adopted
unanimously, the Trustees confirmed sale of the advertised land to
the riparian owner at the price offered.
MANATEE COUNTY - File No. 455-41-253.12. At the request of the
attorney for the applicant, Clyde C. Goebel for the Estate of Bessie
Richards, abutting upland owner, the Trustees postponed considera-
tion of the purchase application for 39.97 acres of submerged land
in the Manatee River and in Terra Ceia Bay in Section 16, Township
34 South, Range 17 East, landward of the established bulkhead line
in Manatee County.
BREVARD COUNTY - The following two applications were presented from
abutting upland owners for purchase of submerged land:
1. File No. 1993-05-253.12. Spielvogel & Goldman on behalf
of Wendall 0. Yount offered the appraised value of $400.00 per
acre for a parcel of submerged land in the Banana River in
Section 19, Township 24 South, Range 37 East, containing
11.94 acres landward of the established bulkhead line.
2. File No. 2008-05-253.12. Hall, Hartwell, Hall & Canada
on behalf of Wendall O. Yount offered the appraised value of
$400.00 per acre for a parcel of submerged land in the Banana
9-26-67
311 -
River in Section 19, Township 24 South, Range 37 East, contain-
ing 0.49 acre landward of the established bulkhead line.
The biological report dated October 26, 1965, received from the
Board of Conservation at the time the bulkhead line for the area
was being considered by the Trustees, was not considered adverse to
the sale of these parcels of submerged land. Attorney General
Faircloth noted the language, "was not considered to be adverse",
and the Director said that some conservation reports did not conform
to the requirement to give a recommendation, which was being requested
by the Staff. At this time there was a backlog of requests for bio-
logical reports and the Staff had advised the biologist of the Board
of Conservation there was no rush.
Motion was made by Mr. Adams, seconded by Mr. Conner and adopted
unanimously, that the two above applications for purchase of land in
Brevard County be approved for advertisement for objections only.
PALM BEACH COUNTY - File No. 1980-50-253.12. Application was made
by William G. Wallace, Inc., for Henry T. Goode, the abutting upland
owner, with offer of the appraised value of $1,937.50 per acre for a
parcel of submerged land containing 0.29 acre in the Jupiter River
(Hobe Sound) in Section 30, Township 40 South, Range 43 East, Gomez
Grant, landward of the established bulkhead line in Palm Beach County.
Although the biological report received from the Board of Conservation
under date of August 24, 1967, showed the area to be a nursery ground
and feeding area for marine life, the Staff felt that because of the
physical location and the consent of the upland owners to the relo-
cation of State Road No. 707 and the numerous sales of bottom lands
beyond or westerly of the road right of way already confirmed by the
Trustees, this sale should be authorized for advertisement for
objections.
The Director also advised the Board that the county had made a deed
to this right of way for the relocation of the highway, and included
in the deed a number of parcels of submerged land title to which
was in the Trustees. A number of the owners had granted consent
for the right of way under Section 253.126, and to protect their
riparian rights the Staff felt that overruling of conservation
factors might be justified.
Mr. Dickinson made a motion that the recommendation of the Staff
be accepted.
Mr. Adams commented he understood that the federal government had
placed a value of $25,000 for nursery purposes. He said that the
bulkhead line had been established locally, approved and sales made
by the Trustees, but that to continue to sell in conservation areas
would nullify the values we were trying to establish. He suggested
that it was a bad bulkhead line. In the future he would propose
that the Staff of the Trustees and of the Board of Conservation
develop means of reviewing bulkhead lines to determine if errors in
judgment were made and how they might be corrected.
Mr. Faircloth said the Legislature had declared a new policy, and
each application should be considered on its merits alone without
reference to errors which might have been made in the past, that
without the change in policy there might be an equitable considera-
tion.
9-26-67
- 312
Mr. Faircloth made a motion that this application be denied. Mr.
Adams seconded the motion, which was adopted with Mr. Dickinson
voting "No" .
Mr. Dickinson said he shared in the concern to preserve submerged
bottoms where needed for public purposes, but he voted against
denial because in this case the upland owners had consented to the
relocation of the road; further, approval of the application would
authorize advertisement of the parcel only, and any objections and
recommendations could then be considered at a later date.
APPLICATIONS FOR PURCHASE OF SUBMERGED LAND - Staff suggested that
consideration be given to a change in processing applications for
purchase of land, which heretofore were placed on the agenda for
approval of advertising for objections only. m reviewing the files,
the Staff concluded that it would be appropriate to recommend that
such applications be processed for advertisement for objections only
at the Staff level, inasmuch as none of the merits of an applica-
tion were determined at that stage of the purchase application.
Approval of this procedure by the Trustees would eliminate a number
of agenda items which the Staff considered as merely routine. The
same notice of sale now being used would be utilized under the
suggested procedure.
Mr. Faircloth said the Director was right in that it had been rather
routine in the past with respect to advertisement for objections only,
which ran up a flag to see who would object. He would oppose the
change, however, because it would remove from the public one step in
the notification that a sale was being considered. He said that he
believed the intent of the Legislature was to so change the policy
regarding public lands that a buyer would have to show good cause why
he should be allowed to buy, and he would like to see a change in
the Staff recommendations.
The Director said that when there were no adverse conservation
reports, the Staff had taken the position that an upland owner had
the right to apply, and only he had the right to purchase land
riparian to his upland property.
Governor Kirk said the Trustees were under no obligation to sell.
Mr. Adams also thought the procedure should not be changed, that the
agenda item on impending applications for sale gave the Trustees
time to look into the matter, which was a help to him, as a new
member on the Board of Trustees or the Internal Improvement Fund.
Mr. Parker said it was submitted as a suggestion only, and Mr.
Faircloth thanked him for it.
The Governor stated the decision of the Trustees as directing that
the policy be continued for applications to be placed on the agenda
for authority to advertise proposed sales for objections only.
PALM BEAC H COUNTY - The State Road Department requested dedication
of approximately 2.53 acres of submerged bottoms in Section 31,
Township 40 South, Range 43 East, Palm Beach County, within Intra-
coastal Waterway right of way for road right of way purposes, for a
high level bridge to be constructed. No dredging or filling was
contemplated within the dedication area; therefore, no bulkhead
line or biological survey report was required.
9-26-67
313 -
staff recommended authorization be granted for dedication for use
by the Road Department which designated the parcel as No. 103.1,
Section 93090-2504, State Road 707.
On motion by Mr. Dickinson, seconded and duly adopted, the Trustees
granted the request of the State Road Department for dedication of
the parcel of submerged land for road right of way purposes.
BREVARD COUNTY - Application was submitted by Fischer's Seafoods for
a permit for a floating dock in the Canaveral Barge Canal in Canaveral
Harbor, at upland leased from the Canaveral Port Authority in Section
10, Township 24 South, Range 37 East, Brevard County. The Authority
had granted the applicant permission for the dock, all required
exhibits including $100 processing fee were submitted, and the Staff
recommended approval.
On motion made by Mr. Adams, seconded by Mr. Dickinson, and duly
adopted, the Trustees authorized issuance of the state commercial
dock permit.
HIGHLANDS COUNTY - Application was made by F. W. Farr, on behalf of
Horace McDonald, for authority to remove 5 cubic yards of sover-
eignty land in front of his upland property on Lake Jackson in
Highlands County. The Florida Game and Fresh Water Fish Commission
reported that the removal of this material, described as 6 inches
of muck, would enhance the suitability of the beach substrate for
spawning fish during high water periods, and there was no objection
to the project. Applicant tendered check in the minimum amount,
$25.00. Staff recommended approval.
Motion was made by Mr. Dickinson, seconded by Mr. Adams and adopted
unanimously, that the application be approved.
LAKE COUNTY - The Florida Game and Fresh Water Fish Commission
requested permission to construct an artificial fishing reef in Lake
Eustis in Section 3, Township 19 South, Range 26 East, Lake County.
The reef was to be constructed of discarded automobile bodies after
all contaminants (oil and grease) were removed, would cover approxi-
mately 1 acre of lake bottom, 5 feet below water level and properly
marked. Staff recommended approval.
Motion was made by Mr. Dickinson, seconded by Mr. Adams and adopted
unanimously, that the application be approved.
LEE COUNTY - The West Coast Inland Navigation District on behalf of
the United States of America requested a permanent spoil disposal
easement covering the relocation of six disposal areas formerly
granted by the Trustees to the U. S. A. by Easement No. 22436 dated
April 6, 1960. The six areas originally included therein were
released by quitclaim deed from the U. S. A. dated June 9, 1967.
The District Engineer, U. S. Corps of Engineers, advised that the
State Board of Conservation and the U. S. Fish and Wildlife Service
had recommended the relocations. Staff recommended approval.
On motion by Mr. Dickinson, seconded by Mr. Adams, and adopted
unanimously, the Trustees authorized issuance of the requested
easement.
9-26-67
- 314 -
PALM BEACH COUNTY - Bulkhead Line Description. The Board of County
Commissioners of Palm Beach County by resolution adopted September
5, 1967, corrected three clerical errors in the legal description
of a bulkhead line adopted on August 28, 1961, which was approved
by the Trustees of the Internal Improvement Fund on September 12,
1961. Memorandum Opinion of the Attorney General dated September
16, 1959, states "...an administrative body may make such changes
as to clerical errors as do not change the form or substance of a
decision or order."
This was presented to the Trustees as information regarding correc-
tion by the Staff in the legal description of the bulkhead line
approved by the Trustees on September 12, 1961, conforming to the
correction of clerical errors by the county. On motion by Mr •
Dickinson, seconded by Mr. Adams and duly adopted, the Trustees
accepted the information.
PINELLAS COUNTY - The Pinellas County Water and Navigation Control
Authority on August 8, 1967, granted a Dredge-Only Permit No. DO-156
to William F. Arelt to dredge 550 cubic yards of material from St.
Joseph Sound near Piney Point to improve his upland property
described as a pprt ion of Lots 55 and 57 of Seabreeze Island subdivi-
sion in Pinellas County. Applicant tendered $27.50 as payment for
the material. The Board of Conservation marine biologist reported
that the dredging would not adversely or materially affect marine
conservation, and the Staff recommended approval.
Motion was made by Mr. Adams, seconded by Mr. Dickinson and adopted
unanimously, that the permit be approved by the Trustees.
PINELLAS COUNTY - The Town of South Pasadena made application to
bulkhead and fill submerged land behind the established bulkhead
line to provide recreational park facilities. The bulkhead will
connect two existing concrete bulkheads 131 feet apart, and will be
50 feet, more or less, bayward from an existing disintegrating
wooden seawall. Closing of this gap and filling the pocket will
eliminate an existing area of debris accumulation and stagnation,
and the fill material will be secured from upland utilities and
street excavation now in progress. The biological survey made by
the Florida Board of Conservation with respect to the Town of South
Pasadena bulknead line reported that this area did not contain
attached seagrasses and was not a valuable marine habitat.
The town requested review of the project by the Pinellas County
Water and Navigation Control Authority, which concurred in the
application. U. S. Corps of Engineers Permit SAJSP 67-292 was
pending approval by the Trustees.
Mr. and Mrs. Rudy Wolf, adjacent property owners to the south,
filed objections to the proposed public park and all fills in Boca
Ciega Bay. Staff recommended that objections be overruled and the
project be approved by the Trustees.
On motion by Mr. Adams, seconded by Mr. Dickinson and adopted
unanimously, the Trustees approved the application of the Town of
South Pasadena.
9-26-67
- 315 -
POLK COUNTY - Refund. On August 29, 1967, the Trustees approved
the application submitted by College Friends, Inc., to remove 8,000
cubic yards of material from Crooked Lake in Polk County in the
construction of a navigation channel in the S^ of Section 35, Town-
ship 30 South, Range 27 East, lying East of State Road 25 (U. S.
Highway 27) . However the channel limitation of only 4 feet deep
set by the Florida Game and Fresh Water Fish Commission will reduce
the material obtainable to 4,000 cubic yards. The applicant
requested modification of the permit and refund of overpayment
based on the reduced yield of material. Staff recommended approval
and refund of $200.00.
Motion was made by Mr. Conner, seconded by Mr. Dickinson and
adopted unanimously, that modified permit be issued and the amount
of $200.00 be refunded to the applicant.
POLK COUNTY - The Director said that separate minutes would be pre-
pared for the Board of Drainage Commissioners of the State of Florida,
for the reason that Chapter 298 Florida Statutes was not amended to
provide that all seven of the cabinet members now composing the
Trustees of the Internal Improvement Fund would be on the Board of
Drainage Commissioners. That board will continue to consist of the
Governor, Comptroller, Treasurer, Attorney General and Commissioner
of Agriculture.
Therefore, the appointment of a supervisor for Haines City Drainage^
District No. 1 in Polk County, which was on the agenda on this da^
would be recorded elsewhere. Such items would continue to be
shown on the same agenda with Trustees' matters for the conv€
of the board members.
On motion duly adopted, the meetin
ATTEST:
DIRECTOR - SECRETARY
Tallahassee, Florida
October 3, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Tom Adams
Earl Faircloth
Fred O. Dickinson, Jr.
Broward Williams
Floyd T. Christian
Secretary of State, Acting
Chairman
Attorney General
Comptroller
Treasurer
Superintendent of Public
Instruction
10-3-67
- 316 -
Robert C- Parker Director
On motion duly adopted, the Trustees approved the minutes of the
meeting held on September 26, 1967.
BREVARD COUNTY - File No. 1990-05-253.12. Buckner Realty and
Surveying, Inc., on behalf of Eddie D. Thomas, et ux, the abutting
upland owners, offered the appraised value of $943.90 per acre for
a parcel of submerged land in the Indian River in Section 21,
Township 29 South, Range 38 East, 1.09 acres landward of the
established bulkhead line in Brevard County.
The biological report received from the Board of Conservation on
July 19, 1967, covering this area of submerged land was not adverse
to the sale and development of the parcel. Staff recommended
advertisement for objections only. Mr. Adams noted some comments
in the biological report regarding dredging and filling. The
Director said that would be in the record when the fill permit was
considered.
Motion was made by Mr. Christian, seconded by Mr. Williams and
adopted unanimously, that the parcel be advertised for objections
only.
MANATEE COUNTY - File No. 455-41-253.12. Application was made by
Clyde C. Goebel, attorney, on behalf of the Estate of Bessie
Richards, abutting upland owner, for purchase of 2 parcels of sub-
merged land, one in the Manatee River containing 5.47 acres
appraised at $450 per acre, and the other in Terra Ceia Bay con-
taining 34.5 acres appraised at $375 per acre, in Section 16,
Township 34 South, Range 17 East, landward of the established
bulkhead line in Manatee County.
Based on an unfavorable biological report received from the Board
of Conservation under date of February 17, 1966, which showed that
the areas were nursery grounds and supported commercial and sport
fishing, and that sale would not be in the best interest of
conservation, the Staff recommended denial of the application and
requested authority to refund the $50 application fee received
March 1, 1967, from the attorneys for the applicant. At the
request of the applicant's attorney, the matter was deferred from
last week.
The Director pointed out the parcels on a right of way map from
the State Road Department, which he said did not appear to have
anything in their files from the county with respect to that par-
ticular parcel of land which was condemned by the county and was
now state road right of way.
Several interested parties, county officials and Mr. Goebel,
attorney for the applicant, were present. Mr. Goebel reviewed
actions taken over a number of years, including condemnation
about ten years ago for continuation and widening of a road,
discussion and agreement with Mrs. Bessie Richards, now deceased,
that the county would assist and pay for the bay bottoms for her
application to purchase from the Trustees. He said the county
was an active participant in the application to purchase. The
bulkhead line was set by the county in 1958, approved by the
Trustees in 1963, and the applicant had felt there was no question
but that the submerged land could be purchased. Mr. Goebel said
10-3-67
- 317 -
that it was Section 16 land patented to the state in 1845, that by
a deed from the Board of Education 49 acres of land were conveyed
to a predecessor in title and paid for, but now the state contended
that the boundary line was the mean high water line.
The Director said it was not unusual because of the old surveys,
that it was established that, sovereignty land boundary was the mean
high water line and not a meander line.
Mr. Goebel said that after commitments were made by the county, no
money had been paid for the condemned land, that now the applicant
was faced with another conservation report which was adverse and
threatened to undo what the county considered was in the public
interest. He pointed out how development had progressed on both
sides of the application area, and that several offers had been made,
the most recent appraisal being about a year ago.
County Attorney Richard A. Hampton affirmed the facts as alleged
by Mr. Goebel, and on behalf of the Board of County Commissioners
requested approval of the application for which the county made a
commitment of $15,000 for the land.
Motion was made by Mr. Williams and seconded by Mr. Christian that
the application be approved subject to approval of the Attorney
General as to any legal questions involved.
Mr. Adams called attention to the Board's responsibility as required
by the 1967 Legislature in conservation, and since it was recognized
as valuable property with highway and water frontage he questioned
whether the price was adequate. Mr. Dickinson asked whether any
interested parties or county officials felt there was need for a
reappraisal .
In view of the additional questions, Mr. Faircloth made a substi-
tute motion that the matter be postponed for any legal questions to
be cleared and then, that it be brought back to the Trustees for
a determination of value.
The substitute motion was seconded by Mr. Christian and upon vote,
unanimously adopted.
Mr. Christian stated that even with an unfavorable conservation
report, he did not think the matter should be deferred indefinitely.
Based on the approval of the County Commission and previous actions
and facts, he felt that approval was indicated. Mr. Dickinson said
he shared that opinion.
Mr. Adams said it should be understood that the Trustees were not
approving the application contingent on the Attorney General's
opinion, that there might be votes against it on conservation
grounds.
PALM BEACH COUNTY - File No. 1980-50-253.12. In meeting September
26, 1967, the Trustees denied the purchase application made by
William G. Wallace, Inc., on behalf of Henry T. Goode, et ux,
abutting upland owners, for 0.29 acre of submerged land in the
Jupiter River (Hobe Sound) in Section 30, Township 40 South, Range
43 East, Gomez Grant, landward of the bulkhead line in Palm Beach
County. Denial was based on an unfavorable biological report from
the Board of Conservation under date of August 24, 1967, which
stated that the area was a nursery ground and feeding area for
marine life.
10-3-67
- 318 -
staff requested authority to issue refund of the $50.00 application
fee and the $561.88 consideration for deed submitted by the appli-
cant, Henry T. Goode, with the application.
On motion made by Mr. Dickinson, seconded and adopted unanimously,
the Trustees authorized refund of the above amounts.
MANATEE COUNTY - The Board of County Commissioners of Manatee
County by Resolution adopted September 26, 1967, in compliance with
Chapter 67-393, Laws of Florida, reconfirmed their Resolution of
June 27, 1967, locating a bulkhead line along the east shore of
Tampa Bay from Bishops Harbor north to the Manatee-Hillsborough
County line. All required exhibits were furnished and the Staff
recommended approval of the bulkhead line.
Transcript of the local hearing snowed that Bob Bender, representing
the Izaak Walton League, offered no objection. No objections were
cited for the line which was for the Port Manatee, Piney Point
area. The Florida Board of Conservati^^n reported that the submerged
lands within the line were 5% or less vegetated by seagrasses, that
the entire project area could not be considered a grassy nursery
ground. It is not a sport fishing area, however commercial netting
operations were carried on primarily north and south of there.
The Director said the county had set a line for a substantial dis-
tance which was very conservative except in the area where a deep
port project was being developed and there was considerable county
ownership. He said the county would request dedication of sub-
merged land for the port. Study had not been made of the anticipated
dredging operations.
The Manatee County Attorney, Richard A. Hampton, on behalf of the
county and Manatee Port Authority, said the important port project
had been under development a number of years, eight and one-half
million dollars of public funds were committed and validated, there
was no local objection recorded in the file, and the county would
come back with an application for filling at a later date. He
pointed out that under the procedure required, the county had to
become the upland owner by acquiring certain property before apply-
ing for final approval for filling and dredging; therefore it was
extremely important to the county that the Trustees look carefully
at this application. He said the biological survey and report
appeared to be as negative as one could be with respect to damage
to conservation values.
Secretary of State Adams expressed the opinion that, especially
under the new laws, the Trustees should examine bulkhead lines
closely in view of dredging for fill and the implication to make
sales. He said he was not raising an objection to this application,
but requested postponement for one week to give him an opportunity
to see what was involved.
Upon motion adopted without objection, the Trustees postponed
further consideration for one week.
BREVARD COUNTY - Staff recommended dedication to the State Road
Department of a parcel of swcimp and overflow land containing 17.41
acres in Section 31, Township 27 South, Range 35 East, Brevard
County, for construction and/or improvement and maintenance of a
portion of State Road No. 500 across Lake Washington, identified
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as Parcel Number 110.1, Section Number 70050-2503. The road had
been in place for several years.
Motion was made by Mr. Williams, seconded and adopted, that the
parcel be dedicated to the State Road Department as requested.
DADE COUNTY - Robert V. Celette, on behalf of Colony Bay Harbor Corp.,
of Bay Harbor Islands, Florida, made application for a commercial
dock permit for a construction adjacent to Lots 19 and 20, Block 2,
Bay Harbor Islands, in Indian Creek Lake in Section 34, Township 52
South, Range 42 East, Dade County. All required exhibits including
$100 processing fee were submitted, and Staff recommended approval.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted unanimously, that state commercial dock permit be issued.
GLADES COUNTY - The Florida Game and Fresh Water Fish Commission and
Central and Southern Florida Flood Control District requested by
resolution dated July 21, 1967, and resolution No. 770 of July 28,
1967, respectively, that the Trustees withdraw from sale and/or lease
any reclaimed lake bottom lands of Lake Hicpochee, Township 42 South,
Range 32 East, Glades County. Tentative plan was prepared coopera-
tively by the Game Commission and the District in conjunction with
the U. S. Corps of Engineers, for restoring the water level of Lake
Hicpochee. Upon finalization of the plans, a request for dedication
shall issue from the agencies to create a game management and recrea-
tional area within the original boundaries of the land.
On motion by Mr. Williams, adopted without objection, the Trustees
authorized withdrawal of reclaimed lake bottoms of Lake Hicpochee
from future sales and/or leases.
PINELLAS COUNTY - The City of Clearwater requested permission to
install a six-inch natural gas pipe line in a trench under the
channel of the Intracoastal Waterway on the south side of State
Road 586 in unsurveyed Section 15, Township 28 South, Range 15
East, in Clearwater Harbor, Pinellas County. Staff requested
waiver of a conservation report since the proposed public facility
would be in 12 feet of water.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted
unanimously, the Trustees granted the request of the City of Clear-
water.
PINELLAS COUNTY - The Pinellas County Water and Navigation Control
Authority on August 29, 1967, granted Dredge Only Permit No. DO-157
to Steve Georgio to dredge an area in conjunction with the con-
struction of marine railways and boat lift on the Anclote River
in Section 12, Township 27 South, Range 15 East, Pinellas County.
Florida Board of Conservation biologist reported that this part
of the river was not nursery, sport or commercial grounds for
marine animals, and there was no objection to the application.
Staff recommended approval. The Director explained that material
dredged would be disposed of on uplands.
On motion by Mr. Williams, seconded and adopted unanimously, the
Trustees approved the permit for dredging which was granted by
Pinellas County,
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CAPITOL CENTER PROPERTY . - The Staff requested authority to convey
to the Florida Development Commission the property described as
Gray Park located south of the Capitol building, being also de-
scribed as Lots 153 through 160 inclusive, of the Original Plan
of the City of Tallahassee, and that portion of East St. Augustine
Street lying between South Monroe and South Adams Streets which
had been vacated in accordance with legal requirements of the
City of Tallahassee, in Leon County.
Conveyance was for the purpose of financing the construction of
legislative facilities to be located on the above described property
pursuant to the provisions of Chapter 65-385, Laws of Florida and
Senate Concurrent Resolution No. 438, as passed by the 1967 Session
of the Florida Legislature. The land would be conveyed along with
the property north of the Capitol building which was authorized
by the Trustees at their meeting on September 19, 1967, to be
transferred to the Florida Development Commission in order to
facilitate and permit issuance of bonds to finance construction
of the legislative facilities.
On motion by Mr. Williams, seconded and adopted unanimously, the
Trustees authorized the property south of the Capitol building
to be transferred to the Development Commission for the purpose
stated.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr. Williams, unanimously adopted, the Trustees ap-
proved Report No. 914 listing 1 regular bid for sale of land in
Franklin County under provisions of Chapter 18296, the Murphy Act,
and authorized execution of deed pertaining thereto.
^^^PS - Upon motion by Mr. Christian, seconded by Mr. Williams
and adopted unanimously, the Trustees authorized issuance of refund
in the amount of $10.00 to each of the following applicants for
release of state road right of way reservations contained in
Murphy Act deeds as listed below, for the reason that the State
Road Department did not recommend release of the reservations:
Brevard County Deed No. 101-Corrective - Snow and Campbell,
applicant;
Brevard County Deed No. 173 - Dressier, Thoburn & Miller,
applicant;
Brevard County Deed No. 454 - Lawyers Title Insurance Corp.,
applicant;
Dade County Deed No. 1851 - Maurice Rosen, applicant;
Dade County Deed No. 2119 - Wakeman and Newbold, applicant.
ESCAMBIA COUNTY - Gulf Power Company made application for permit
to construct electric transmission lines over and across certain
lands of the State of Florida located in Escambia County, de-
scribed as 2 acres of Parcel No. 1 in Section 36, Township 2
North, Range 31 V/est. embraced in tax sale certificates 936 of
1932 and 3445 of 1933; and 4.25 acres of Parcel No. 2 in the same
section, embraced in tax sale certificate 3446 of 1933. The
applicant offered $500.00 per acre, or a total of $3,125.00 for
the total of 6.25 acres. Staff recommended approval of the
application.
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On motion by Mr. Williams, seconded and adopted unanimously, the
Trustees authorized issuance of permit for the electric trans-
mission lines requested by Gulf Power Company.
WALTON COUNTY - The State Road Department requested easement for
construction and/or improvement and maintenance of State Road No.
20 covering a parcel of land in the NE^ of SE% of Section 15, Town-
ship 1 South, Range 19 West, Walton County, which was certified to
the State of Florida in tax sale certificates 127 of 1913, 56 of
1914 and 1618 of 1933. Staff recommended approval for easement
over the parcel identified by the Road Department as Parcel 104.1,
Section Number 60030-2504.
On motion by Mr. Williams, seconded and adopted unanimously, the
Trustees authorized issuance of the easement requested by the State
Road Department.
On motion duly adopted, the meeting was adjourned.
C^,^^C:^^^
etairy or" State - Acting Chai]
Secretary of" State - Acting Chairman
ATTEST:
Director - Secretary
*** *** ***
Tallahassee, Florida
October 10, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr. Governor
Tom Adams Secretary of State
Earl Faircloth Attorney General
Fred O. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
On motion duly adopted, the Trustees approved the minutes of the
meeting held on October 3, 1967.
BROWARD COUNTY - File No. 2013-06-253.12. On September 12, 1967,
the Trustees deferred action on confirmation of sale to August
Urbanek, abutting upland owner, of a parcel of submerged land in
New River Sound in Section 12, Township 50 South, Range 42 East,
landward of the established bulkhead line in the City of Fort
Lauderdale, lying easterly and across SE 26th Avenue from Lots 1,
2, 3, 29, 30, 31 and 32, Block 12 of Idlewyld Subdivision as
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recorded in Plat Book 1, Page 19, public records of Broward County,
containing 0.18 acre, more or less, landward of the established
bulkhead line. Applicant offered $10,500.00 per acre, value approved
by the Staff Appraiser.
Several objections were received from individuals, from Idlewyld
Improvement Association, and it was found that the parcel was the
subject matter of litigation in the suit entitled Burkart v. City
of Fort Lauderdale which resulted in a Supreme Court decision that
the applicant had fee title in and to a portion of the land described
in the application with riparian rights and privileges as were
reserved in the dedication to the adjacent street, but the Court
also stated that the city's easement in the adjoining street and
accretion thereto may be protected for the benefit of the general
public, which would include the general public's right to use the
accreted property (a portion of the parcel described in the purchase
application) as a way of ingress and egress to the waters of New
River Sound.
The Staff was unable to make a clear-cut determination as to the
exact meaning of the language of the Court as it applied to the
rights of the applicant, being the owner of the fee title, to pur-
chase the parcel in question. Therefore, the Staff did not
formulate a specific recommendation as to confirmation of the sale.
The biological report offered no objection to this application.
A letter from the City Engineer of Fort Lauderdale expressed the
approval of this project by the City Council, to eliminate the
existing accumulation of debris and to provide additional protec-
tion for the streets at times of high water or hurricanes.
Mr. William Duke, attorney representing the applicant, said it was
not his intent to deny the public access to the water and there
would be no objection to a provision in the deed, in language
approved by the Attorney General, to allow the public to cross the
strip of land.
Motion was made by Mr. Adams, seconded and adopted unanimously,
that sale of the advertised parcel be confirmed, subject to assur-
ance that the public will be given access to the waters of New
River Sound across this land by inclusion of provision in the deed
with language satisfactory to the Attorney General.
DADE COUNTY - File No. 1788-13-253.12. On August 29, 1967, the
Trustees considered application from Bayshore Marina, Inc., the
abutting upland owner, with offer of $7,217.00 per acre, appraised
price, for purchase of a parcel of submerged land in Biscayne Bay
in Section 22, Township 54 South, Range 41 East, 1.15 acres, more
or less, in the City of Miami, lying southeasterly of and abutting
Lots 20, 21 and 22 and the northeasterly one-half of Lot 23, Block
43 of Samuel Rhodes Plat of New Biscayne, Plat Book "B" , Page 16,
public records of Dade County, landward of the established bulk-
head line. Notice of sale was published in the Miami Review,
proof of publication filed and no objection was received to the
sale. Board of Conservation biologist reported that no seagrasses
exist in the area and that sale would not be adverse to marine life.
On motion by Mr. Adams, seconded by Mr. Faircloth, adopted without
objection, the Trustees confirmed sale of the parcel of land to
the riparian owner at the price offered.
10-10-67
- 323 -
PALM BEACH COUNTY - File No. 2000-50-253.12. On August 29, 1967,
the Trustees considered application from Francis J. Sullivan, et ux,
et al, abutting upland owners, with offer of $1,500.00 per acre,
value approved by Staff Appraiser, for purchase of a parcel of sub-
merged land in Lake Worth in Section 10, Township 45 South, Range
43 East, Town of Hypoluxo, containing 2.27 acres, more or less,
landward of the established bulkhead line. Notice of sale was
published in the Palm Beach Post, proof of publication filed and
no objection to the sale was received.
Board of Conservation reported that no seagrasses existed in the
vicinity and there was no objection to sale of the parcel of sub-
merged land.
On motion by Mr. Adams, seconded by Mr. Fair cloth, adopted without
objection, the Trustees confirmed sale of the parcel of land to the
riparian owners at the price offered.
LEE COUNTY - File No. 1977-36-253.12. Norma Jeanette, abutting
upland owner, offered the established appraised price of $300.00
per acre for a parcel of submerged land in the Caloosahatchee River
in Section 31, Township 43 South, Range 25 East, 0.46 acre in the
City of Fort Myers landward of the established bulkhead line, in
Lee County.
The biological report received from the State Board of Conservation
dated July 17, 1967, showed the subject area to be devoid of
vegetation and that development would not adversely affect marine
resources. Staff recommended advertisement of the parcel.
Motion was made by Mr. Williams, seconded by Mr. Adams and adopted
unanimously, that the parcel be advertised for objections only.
MONROE COUNTY - File No. 1829-44-253.12. Elmer R. Schultz, et ux,
abutting upland owner, offered the established appraised price of
$300.00 per acre for a parcel of submerged land in Pine Channel in
Section 34, Township 66 South, Range 29 East, containing 0.40 acre
at Big Pine Key, Monroe County.
The biological report dated September 28, 1967, from the Board of
Conservation biologist offered no objection to the sale. Staff
recommended advertisement of the parcel.
On motion by Mr. Williams, seconded by Mr. Adeims and adopted unani-
mously, the Trustees authorized the parcel to be advertised for
objections only.
MONROE COUNTY - File No. 2023-44-253.12. Bailey, Mooney, Post
Assoc, on behalf of D. C. Fitzpatrick and wife, the abutting
upland owners, offered the established appraised price of $425.00
per acre for purchase of a parcel of submerged land in the Straits
of Florida in Section 34, Township 62 South, Range 38 East, con-
taining 3.55 acres at Key Largo in Monroe County.
The biological report from the Board of Conservation dated
September 28, 1967, showed the parcel to be an excellent nursery
and feeding ground for small fishes and that the sale and
development thereof would not be in the best interest of
10-10-67
- 324
conservation. Staff therefore recommended that the application be
denied and the application fee of ?50.00 submitted by Bailey,
Mooney, Post Assoc, received by the Trustees' office on
September 7, 1967, be refunded.
In answer to Mr. Adams' question regarding making the refund, the
Director explained that the policy had been to require the $50 fee
to cover primarily the costs of advertising the proposed sale, and
because of the adverse conservation report this parcel was not
advertised. When there was no advertisement, the Staff recommended
refund of the application fee.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted
unanimously, the Trustees denied the application to purchase and
authorized refund of the $50 application fee.
MANATEE COUNTY - File No. 274-41-253.124. The officials of the
Town of Longboat Key requested a rehearing of their application for
approval by the Trustees of a fill permit issued under the pro-
visions of Section 253.124 Florida Statutes, as amended by Chapter
67-393, by the town to itself for dredging and filling one of the
three mangrove flats in Sarasota Bay containing approximately 10
acres (unsurveyed) in Section 31, Township 35 South, Range 17 East,
within an established bulkhead line in Manatee County. The area
proposed to be filled was one of three small islands conveyed to
the town in 1958 for public purposes and the proposed dredging
operation to secure fill material was to be conducted in accordance
with recommendations by the marine biologist of the State Board of
Conservation so as to minimize any damage to marine conservation
values. On September 12, 1967, the Trustees denied approval of
the application. A number of objectors was heard but the Town of
Longboat Key was not represented at that meeting.
Present on this date as proponents were Mayor William Blake, City
Attorney Richard W. Cooney, City Manager G. Max Lanier, Commission-
ers R. J. Alspach and Richard Hoffman, and several others. Mr.
Cooney said the city officials did not know the matter was being
scheduled on September 12 and were here to request reconsideration
by the Board on a matter that was very important to the town, which
had planned for a long time for development of the municipal
complex on the centrally located island, for which the Trustees
had previously dedicated land for a causeway connection to the
main island of Longboat Key. He said that other sites had been
considered and rejected, city funds were presently available for
the development, statutory requirements had been met, the majority
of the people on the key supported the project which would consist
of a municipal meeting place first, then other buildings for the
needs of the town and recreation areas. He discussed many details
in support of the town's application, emphasizing that the
officials and the town's engineer had worked with and consulted
the Board of Conservation Director Randolph Hodges, and biologist
Kenneth D. Woodburn, and while they recognized that the dredging
would destroy some grassy flats, the city had followed recom-
mendations and suggestions to minimize destruction and siltation
of productive bottom lands.
Mr. Lanier, Town Manager for five years, spoke of the growth of
the town, that the town owned no land except the islands and had
no recreation areas not privately owned, that planning for the
future it was thought that the seventeen-acre island would
provide space for municipal needs for the next 25 or 30 years.
10-10-67
325 -
Mayor William Blake said he represented the majority of the people
on Longboat Key, who were in favor of the project, and a few
dissidents should not be allowed to influence the decision. It was
brought out that the town had no plans to develop the two smaller
islands which were also conveyed to the town in 1958 for public
purposes. Mr. Adams asked whether the town would surrender title
to the other islands.
Speaking in opposition to granting of the dredge and fill permit
were Commissioners Howard A. Ridyard and Michael J. Brescia,
William Nameck as attorney for some waterfront owners adjacent to
the dredge area, Wayne Mead as representative of four associations
of fishermen and dealers in Sarasota and Manatee County and the
Izaak Walton League, and Samuel Y. Gibbon. They expressed
disagreement with the statements that a majority of the people were
in favor, or that the proper legal requirements had been met in
issuance of the fill permit by the tov/n. It was stated that land
on the main island was available, that there would be great damage
to bay bottoms and the commercial fishing operation in that area,
that the size of the town did not warrant so large an area for
m.unicipal complex purposes, and said there was dissention and
misrepresentation.
Governor Kirk asked that city politics be kept out, as the Trustees
were concerned with disposition of the land which was under their
charge in the public interest. He asked about the biological
studies necessary under the new law.
Board of Conservation Marine Biologist Kenneth D. tVoodburn, who
had studied the area since 1964 after the bulkhead line was set
and the three islands conveyed, said he could not speak on possible
hydrological changes but that there would be some damage to
breeding grounds and the two wide channels going across the grassy
flats would eliminate at least seven acres of grass flats. The
file contained his biological report to the Town of Longboat Key.
Governor Kirk expressed the gratitude of the members for Mr.
Woodburn's work on behalf of conservation on this and many other
matters, and Mr. Faircloth joined in thanking him.
Mr. Samuel Y. Gibbon said he represented Longboat Key Estates
Association, National Audubon Society, another conservation group,
and himself, that they had offered $50,000 to the city for use of
a site on the main island, that all reports and information had
not been submitted at a town meeting and the town did not need so
large a municipal complex.
Attorney General Faircloth said that certain conditions prerequisite
were not met by the town, but without consideration of that, he
was ready to vote on the basis of other factors.
On the question of requirements of the statutes, Mr. Cooney said
that his quoted remarks mentioned by an opponent were misunderstood,
that he wanted the town commission to make it very clear that all
necessary material was on hand; everything required by the
statutes and the new rules had been done.
Mr. Williams made a motion that the Trustees remove this matter
from the agenda for further study to see that all legal requirements
were met.
Mr. Faircloth did not think it was necessary to go into these
technicalities which might be discussed a long time, but he was
10-10-67
- 326 -
convinced on conservation grounds and made a motion that the Trustees
deny the application. Mr. Conner seconded Mr. Faircloth's substi-
tute motion, which carried with a vote of four to two. Mr. Dickin-
son and Mr. Williams voted "no", for the reason that they felt that
the matter should be deferred for further study.
MANATEE COUNTY - On October 3 the Trustees deferred for one week
the request for approval of a bulkhead line along the east shore of
Tampa Bay from Bishops Harbor north to the Manatee-Hillsborough
County line, which was adopted by the Board of County Commissioners
of Manatee County by Resolution of September 26, 1967, in compliance
with Chapter 67-393, Laws of Florida, reconfirming their resolution
of June 27, 1967. The line was for the Port Manatee, Piney Point
area, and fill material would come from the construction of the
entrance channel and from the ship basin. The favorable conserva-
tion report was discussed last week, and there were no objections.
On motion by Mr. Adams, seconded by Mr. Dickinson and adopted
unanimously, the Trustees approved the bulkhead line as established
by Manatee County.
SHELL LEASES - The Trustees accepted as information the following
report of remittances received by the Florida Board of Conservation
from holders of shell leases:
Lease No. Name of Company Amount
1718 Radcliff Materials, Inc. $14,668.21
1788 Benton and Company, Inc. 7,502.10
2233 Bay Dredging & Construction Co. 6,452.44
2235 Fort Myers Shell & Dredging Co. 428.40
MANATEE COUNTY - Shell Lease No. 2162 from Trustees to Benton and
Company, Inc., was executed on March 1, 1966, covering all sub-
merged bottoms located within the statutory boundary of Manatee
County. The State Board of Conservation received a report from
the company which detailed the findings made by the company with
respect to the presence of dead oyster shell in that geographic
area which indicated an insufficient quantity was present to justify
commercial dredging operations for removal of the dead shell as
authorized by the lease.
The State Board of Conservation advised the Staff that they are
recommending that the lease be cancelled and that any commitments
for payment of minimum annual rentals be waived for the reason
that the lessee did not commence dredging operations as authorized
under the terms of the lease for the reason set forth eibove.
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted
unanimously, the Trustees authorized cancellation of Lease No.
2162 and waived any payment of minimum annual rentals.
MONROE COUNTY - On January 14, 1947, the Trustees authorized
issuance of deed conveying title to all of the submerged bottoms
of Garrison Bight on the Island of Key West to the City of Key
West for public purposes only with reverter clause if not so used.
10-10-67
- 327 -
However, the deed as issued (No. 19259) did not contain the restric-
tive provision, and in meeting June 22, 1965, the Trustees authorized
a corrective deed to be issued containing the restriction. This
deed, numbered 19259-A-Cor. , was recorded in the public records of
Monroe County.
The City of Key West requested that the public purpose provision be
released as to a 2.41 acre parcel lying within the overall area
originally conveyed at the northwesterly end of the recently completed
causeway across the westerly portion of Garrison Bight constructed
by the State Road Department. The city offered the appraised value
of $2,892.00 for clear title to the parcel, and the Staff recommended
release of the restriction affecting this parcel.
The Attorney General questioned the city's desire to take the parcel
from under the public purpose restriction, and the Comptroller said
the city should be advised that the Board wished to retain the
reverter provision to insure that the land be used for public
purposes only.
The Trustees were in agreement that land conveyed for public use
should retain a reverter; and upon motion, unanimously adopted, the
Trustees denied the request of the City of Key West for release of
the restriction and sale of the parcel.
HIGHLANDS COUNTY - Raymond Englebright applied for 1500 cubic yards
of fill material from Lake Istokpoga in Fractional NW% of Section
34, Township 36 South, Range 30 East, in Highlands County, to be
used to improve his upland property. The Florida Game and Fresh
Water Fish Commission reported favorably, subject to the standard
stipulation in the permit as to dredging. Applicant tendered the
amount of $75.00 in payment for the material.
Motion was made by Mr. Williams, seconded by Mr. Dickinson and
adopted unanimously, that the application be approved for removal
of the requested material for deposit on the applicant's upland
property.
PINELLAS COUNTY - The Pinellas County Water and Navigation Control
Authority gn behalf of George A. Tice, 665 Bay Esplanade, Clearwater,
Florida, submitted application for construction of a commercial
platform dock in Clearwater Harbor for use of apartment tenants.
All required exhibits, including $100 processing fee, were sub-
mitted and the Staff recommended approval.
Motion was made by Mr. Faircloth, seconded by Mr. Williams and
adopted unanimously, that the application be approved.
POLK COUNTY - H. B. Chitty applied for permit to remove 500 cubic
yards of material from Lake Howard in Polk County, to improve his
upland Lot 3 in Leonards Subdivision, and tendered $25.00 in
payment. The Florida Game and Fresh Water Fish Commission reported
favorably subject to standard stipulations in the permit as to
dredging. The Staff recommended approval.
Motion was made by Mr. Williams, seconded by Mr. Dickinson and
adopted unanimously, that the application be approved.
10-10-67
- 328 -
CAPITOL CENTER - The Board of Coinmissioners of State Institutions on
this date authorized Mr. Terry Lee to investigate and report back
to the Board on the cost of conversion of the masonry apartment
building on the demons property for use for office space. Mr. Lee
was directed to have the wooden building behind the apartment
building demolished.
On August 8, 1967, the Trustees authorized purchase of the demons
property for capitol center purposes.
CAPITOL CENTER - Mr. Adams suggested that action be taken on
purchase of a parcel of land in the Capitol Center which was
included in land considered by the Trustees on September 13, 1966,
described as Lot 19, Capital Place, resubdivision of old Lot 243,
Old Plan of the City of Tallahassee, located at 210 W. Bloxham
Street. Negotiation with the owner, Mrs. Samuel P. Pate, resulted
in the owner agreeing to accept $12,000.00 which the Staff
recommended as being within the previously established policy
with respect to acquisition of capitol center property.
Motion was made by Mr. Williams, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees approve expenditure of
Trustees' funds in the amount of $12,000.00 for purchase of tl
Pate property for the capitol center.
On motion duly adopted, the meet
ATTEST
DIRECTOR - SECRETARY
* * *
* * *
Tallahassee, Florida
October 17, 1967
The Trustees of the Internal Improvement Fund met on this date
in the Board Room of the office of the Governor, in the Capitol,
Present: Tom Adams
Fred O. Dickinson, Jr.
Floyd T. Christian
Doyle Conner
James T. Williams
Secretary of State, Acting Chairman
Comptroller
Superintendent of Public Instruction
Commissioner of Agriculture
Staff Member
On motion duly adopted, the Trustees approved the minutes of the
meeting held on October 10, 1967.
PAI/1 BEACH COUNTY - The Town Commission of the Town of Manalapan,
Florida, by Ordinance No. 30, adopted on March 22, 1957, estab-
10-17-67
- 329 -
lished a bulkhead line in the waters of Lake Worth in Sections 2, 3,
10 and 15, Township 45 South, Range 43 East, in the municipality in
Palm Beach County. Section 2 of Chapter 57-362, Laws of Florida,
Acts of 1957, which is Section 253.122 Florida Statutes, says in
part, "... provided however, that where any bulkhead line has been
located and fixed by any municipality pursuant to statutory
authority, such bulkhead line shall be accepted and adopted by the
county commissioners of the county wherein such municipality is
located, as its bulkhead line within the territorial area of such
municipality subject to the provisions of this act."
Opinion 058-210 dated June 30, 1958, of the Attorney General sets
forth in part: "It is apparent from reading Section 253.122 Florida
Statutes in its entirety, the legislature was referring to bulkhead
lines fixed prior to June 11, 1957, the effective date of the act.
Thus, the board of county commissioners must accept a municipality's
bulkhead line, fixed prior to June 11, 1957, within the area of the
municipality subject to the provisions of Chapter 57-362, Laws of
Florida, if it was fixed pursuant to statutory authority. The
language of the act makes it mandatory on the board of county commis-
sioners to accept such lines. Since the board has no discretion in
the matter, no action is necessary on their part and the municipal
bulkhead line automatically becomes the bulkhead line under Section
253.122 Florida Statutes."
On motion unanimously adopted, the Trustees accepted the above
information confirming the bulkhead line in the Town of Manalapan
as established by the Town Commission on March 22, 1957.
VOLUSIA COUNTY - File No. 1490-64-253.12. Bellemead Development
Corp., abutting upland owner, offered the appraised price of
$1,390.00 per acre for purchase of a parcel of submerged land in
the Halifax River in Sections 22 and 27, Township 15 South, Range
33 East, containing 1.60 acres, more or less, landward of the
established bulkhead line.
The biological report from the Board of Conservation, dated October
5, 1967, shows the parcel to be an excellent nursery and feeding
ground for marine life and recommends against the sale. Therefore,
the Staff recommended denial and requested authority to refund
the $50.00 application fee submitted by the applicant which was
received by the Trustees' office on April 10, 1964.
Motion was made by Mr. Christian, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees deny the application to
purchase and authorize issuance of refund in the amount of $50.00
to the applicant.
VOLUSIA COUNTY - File No. 1645-64-253.12. Lloyd E. Wall, abutting
upland owner, offered $1,000.00 per acre, the appraised value,
or $100.00 minimum charge in this instance, for a parcel of
submerged land in the Halifax River in Section 35, Township 15
South, Range 33 East, landward of the established bulkhead line
in Volusia County. The parcel contained 0.03 acre, more or less.
The biological report dated October 5, 1967, from the Board of
Conservation offered no objection to this sale. Staff recommended
advertisement for objections only.
10-17-67
- 330 -
Motion was made by Mr. Conner, seconded and adopted unanimously,
that the parcel of land be advertised for objections only.
BREVARD COUNTY - File No. 1981-05-253.124. Staff recommended
approval of fill permit issued by the Engineering Department on
behalf of the Board of County Commissioners of Brevard County
on October 9, 1967, to Wendall O. Yount under the provisions of
Section 253.124 Florida Statutes, as amended by Chapter 67-393,
Acts of 1967, to fill the 4.02 acre parcel of submerged land in
Section 19, Township 24 South, Range 37 East, which was conveyed
by the Trustees under the referenced file number.
The borrow areas were located in accordance with the recommen-
dations contained in the biological report submitted by the
Board of Conservation to the County Engineering Department,
dated September 27, 1967.
Motion was made by Mr. Christian, seconded and adopted unani-
mously, that the Trustees approve the fill permit issued by the
county to Wendall O. Yount.
BREVARD COUNTY - The Board of County Commissioners of Brevard
County made application for a state permit for construction of
an artificial reef in the Atlantic Ocean offshore from Sebastian
Inlet at Latitude 27° 52* 46", Longitude 80° 24' 32". The Board
of Conservation had reviewed the application and recommended
issuance of the permit. All required exhibits, including $50.00
processing fee, were submitted, and the Staff recommended approval,
Motion was made by Mr. Christian, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees authorize issuance of
the state permit for the artificial reef requested by Brevard
County.
COLLIER COUNTY - Thomas R. Brown, attorney on behalf of Charlie
B. Alexander, et ux, and D. F. Bishop, et ux, requested issuance
of a disclaimer to the south 100 feet of Tract 4, Whitehurst's
Replat, as recorded in Plat Book 5, Page 1, of the Public Records
of Collier County, lying within the erroneously located meandered
area of Haldeman Creek. In accordance with previous action by the
Trustees to quitclaim interest when applicants desire to remove
cloud upon title to land in the area, the Staff recommended
issuance of ex parte disclaimer for consideration of $100.00
for the 0.57 acre parcel.
Since the Attorney General was absent, and only four members were
present, motion was made by Mr. Christian and duly adopted that
the application be approved subject to the approval of the
Attorney General.
DADE COUI'JTY - File No. 1788-13-253.129. Harold P. Kravitz,
attorney on behalf of Bayshore Marina, Inc., submitted $10.00 and
a request for a disclaimer under provisions of Section 253.129
Florida Statutes, covering a parcel of sovereignty land con-
taining 0.5737 acre which was filled prior to June 11, 1957, in
Section 22, Township 54 South, Range 41 East, in Dade County.
Since the Attorney General was absent, and only four members
were present, motion was made by Mr. Christian and duly adopted
that the application be approved subject to the approval of the
" ^^^ " 10-17-67
Attorney General.
MANATEE COUNTY - File No. 2040-41-253.12(1) John R. Blue, on
behalf of Harry S. Howey, et ux, made application for conveyance
under the provisions of Section 253.12(1) Florida Statutes, of a
2.0 acre parcel of sovereignty land in Sarasota Bay in Section
3, Township 35 South, Range 16 East, filled subsequent to May
29, 1951, and prior to June 11, 1957. Applicant offered the
appraised value of $100.00 per acre, being the value of the
submerged land as it existed prior to filling.
Since the Attorney General was absent, and only four members
were present, motion was made by Mr. Christian and duly adopted
that the application be approved subject to the approval of the
Attorney General.
DADE COUNTY - Campsite Lease. Application was made by J. A.
Belcher and James C. Ellenburg for renewal of campsite lease No.
1439 which expired on November 15, 1965. The lease was allowed
to expire due to extensive damage caused by a hurricane. The
former leased area consisted of a one-acre area of submerged land
on the shoal area south of Key Biscayne. The structure on concrete
pilings was completely rebuilt to conform with requirements of the
Dade County building and zoning department.
Staff recommended one-year lease for private campsite purposes
only, with option to renew on a yearly basis for an additional
four years, annual rental of $100.00, provision for cancellation
by the Trustees after 120-day written notice, and subject to all
applicable laws and regulations.
On motion adopted without objection, the Trustees approved the
recommendation as the action of the Board.
DADE COUNTY - Sand Lease. Des Rocher Sand Company, Inc., holder
of sand lease No. 2133 which expired July 15, 1967, requested
two-year renewal lease of the two areas near Terminal Island and
the one area 1500 feet southeasterly of Cape Florida in Dade
County. The lease was non-exclusive with royalty of 15/d per
cubic yard, monthly minimum of $25.00, surety bond of $5,000.00
and provision for cancellation after 90-day written notice. The
Division of Beaches and Shores of the Board of Conservation had
reviewed the request and recommended renewal of the same areas
under the same terms and conditions.
The application for renewal was held pending the processing and
issuance of permit to the applicant by Dade County, as required
by local ordinance. The Trustees' office was advised by the Dade
County Public Works Department that a permit had been approved
for issuance. Staff recommended renewal of the lease retroactive
to July 15, 1967.
Secretary of State Adams asked a number of questions about the
rate charged for the sand, auditing methods, frequency of audits,
and Commissioner Conner suggested that action be postponed for
two weeks or a temporary permit allowed while information was
being compiled for consideration by the Trustees. Mr. Christian
also questioned the rate of 15fi per cubic yard, and suggested
temporary extension until November 15th.
George L. Onett, attorney for the sand company, asked the board
to extend the lease at least another month or two for the lessee
to continue its operations, because the sand was the only grade
10-17-67 - 332 -
that met the building code requirements of Dade County and was
also the only sand used for conditioning the track at Tropical
Park, which was scheduled to open very soon. He said the
company would be willing to submit any reports needed.
Mr. Jim Williams explained the method of measuring the sand,
how rates had been investigated in the past, and said that all
leases were audited periodically. He pointed out that this was
a non-exclusive lease, there having been two leases in the area
for a number of years, and the deposit of sand replenishes itself
from sources unknown.
State Geologist Robert O. Vernon said if it was coarse sand, it
was a very desirable commodity. Mr. Adams and Mr. Christian
raised the question of whether bids might be taken, or whether a
set price might be better.
On motion made by Mr. Conner, seconded by Mr. Christian and
adopted without objection, the Trustees agreed to a temporary
extension of the lease until November 15th. The Staff was
instructed to prepare a report on the condition of the lease
through the years, how much the lease produced, method and
frequency of audits, and whether the price or method of awarding
leases should be changed.
DUVAL COUNTY - Miss Anne K. Grass of Jacksonville applied for a
permit to dredge a navigation channel 20 feet wide by 120 feet long
alongside an existing dock in the St. Johns River at her property
at 7690 Smullian Trail West. Staff requested that the Trustees
waive the conservation report and approve the application for a
navigation channel.
Mr. Adams said he appreciated the fact that the Trustees had never
denied anyone access to their dock, and that the Trustees could
ignore the report if they wanted to; but it appeared to him that
the conservation report might be secured.
Mr. Dickinson suggested approval subject to a report, and Mr.
Christian said he would agree to a postponement until the report
v;as secured. But Mr. Christian pointed out that the channel was
only 120 feet long and he intended to vote in favor of granting
the applicant's request.
Motion was made by Mr, Christian, and adopted without objection,
that the application be deferred pending receipt of a conservation
report. Mr. Christian asked that his vote in favor of the request
be noted, if he was not present on the date the matter was brought
back for further consideration.
HIGHLANDS COUNTY - Application was made by A. E. Austin, Jr. , for
a state permit for construction of a 150-foot dock in Lake Clay at
his upland property in Section 30, Township 36 South, Range 30
East, in Highlands County, All required exhibits, including $100,00
processing fee for the dock permit, were submitted. The facility
was to be used by residents in a retirement mobile homes park.
Staff recommended approval.
On motion adopted unanimously, the Trustees authorized issuance
of the dock permit.
10-17-67
- 333 -
OKALOOSA COUNTY - Walter J. Parks, Jr., Consulting Engineer, on
behalf of the City of Fort Walton Beach, made application to amend
an existing permit to construct a by-pass channel 12 feet wide by
1,200 feet long, in conjunction with an outfall sewer in Santa Rosa
Sound in Okaloosa County. The Florida State Board of Health and the
Federal Water Pollution Control Administration had concurred in the
proposed change. Staff requested waiver of conservation report and
approval of the application.
Motion was made by Mr. Christian, and adopted without objection,
that the application be deferred pending receipt of a conservation
report.
CAPITOL CENTER - On motion duly adopted, the Trustees authorized
correction in the minutes of October 3, 1967, from Lots 154 through
160 inclusive, to Lots 153 through 160 inclusive, of the Original
Plan of the City of Tallahassee, which was a portion of the descrip-
tion of the property authorized to be transferred to the Development
Commission.
TRUSTEES ' FUNDS - The Staff requested authority to transfer from
Trustees' funds to the Board of Archives and History the unexpended
balance of $98,718.00 of the appropriation of Trustees' funds
provided for the activities of the State Board of Antiquities to be
carried on in accordance with Chapter 65-300. The Board of Antiqui-
ties was abolished by the provisions of Chapter 67-50 which created
a new agency to be known as the Florida Board of Archives and History.
The latter board on October 10, 1967, appointed a Director to carry
on the activities authorized by this new agency. It was anticipated
that funds which had been appropriated to the Board of Antiquities
out of trust funds would be required for the new agency's operation
for the remainder of this fiscal year.
Motion was made by Mr. Dickinson, seconded by Mr. Christian and
adopted unanimously, that the unexpended balance of the appropria-
tion of Trustees' funds for the fiscal year 1967-68 be transferred
to the Florida Board of Archives and History for the operation of
this newly created agency for the remainder of this fiscal year.
ORANGE COUNTY - Request was presented from Compass East Corp. , a
subsidiary of VJalt Disney Productions, to purchase the reserved
oil, gas and mineral rights held by the Trustees on the SW^j of SE%
and E% of SE^j of Section 17, Township 24 South, Range 28 East, Orange
County, containing 120 acres conveyed by the Trustees in 1944 in
Deed No. 18873. In order to determine the value of the Trustees'
interest, the Division of Geology of the Board of Conservation
undertook an evaluation and assigned the amount of $17.75 per acre
for the Trustees' 50% interest in the oil and gas and $1.00 per
acre for the 75% interest in all other minerals.
Staff recommended quitclaim of the reserved interest held by the
Trustees in the oil, gas and minerals to the land owner. Compass
East Corporation, for the sum of $2,250.00.
Orange and Osceola Counties - Murphy Act Land. Philip N. Smith,
attorney, on behalf of Compass East Corporation, offered $18.75 per
acre for the reserved oil and mineral interest of the State of
Florida, reserved on 70 acres of land conveyed in Orange County
Murphy Act Deed Nos . 1463 and 1654, and 160 acres of land conveyed
10-17-67
- 334 -
in Osceola County Murphy Act Deed Nos. 1114 and 1199. The Division
of Geology of the Board of Conservation had also evaluated the
oil, gas and mineral interest of the State of Florida in the
Murphy Act land, as for the land in the Trustees' deeds mentioned
above.
Staff recommended quitclaim of the reserved interest in the land
conveyed under the Murphy Act, for the sum of $4,312.50.
Mr. Adams suggested that the Attorney General be asked to review
this matter of selling the reserved interest. Questions were asked,
and Dr. Robert 0. Vernon, State Geologist, explained the method
used by the Board of Conservation geological staff in arriving at
a value to be placed on the oil, gas and other mineral interest in
the land. He said that by accepting, the state would lose all
interest.
It was not known whether buildings would actually be constructed
on the land, which would be a part of the Disney EPCOT project.
Upon motion adopted without objection, the Trustees, referred the
applications for purchase of reserved interest in the Trustees'
and the State's land to the Attorney General for review of the
matter in the light of the questions raised.
On motion duly adopted, the meeting was adjourned.
SECRETARY OF STATE - ACTING CHAIRMAN
/^J^OC
ATTEST:
U-^^kkd-Z^^
*** *** ***
Tallahassee, Florida
October 24, 1967
The Trustees of the Internal Improvement Fund met on this date
in the Board Room of the office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr. Governor
Tom Adams Secretary of State
Earl Faircloth Attorney General
Broward Williams Treasurer
Floyd T. Christian Superintendent of
Public Instruction
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
DADE COUNTY - The Director requested removal from the agenda
for further study and review of consideration of a number of
applications received since 1961 to purchase submerged lands
landward of the bulkhead lines established by the City of Islandia,
10-24-67
- 335 -
Ten of the applications had been considered by the Trustees and
either advertised or the application fees returned, and some of
the applications had been confirmed but no deed issued. Twelve
other applications had not been presented to the board for con-
sideration.
Mr. J. F. Redford, state president of Izaak Walton League, asked
to be heard before removal of the item from the agenda. He said
that he spoke in the interest of Dade County Commission, which
last week had denied a dredge and fill permit for a large area
on the mainland of South Biscayne Bay and was considering pulling
back the bulkhead line which at some places was 1000 feet from
the shore. He said that would leave Islandia as the largest
patch of "unsaved" acreage, and that last week the Federal
Bureau of the Budget released House Resolution No. 551 for
consideration by the House of Representatives, relating to the
establishment of the Biscayne National Monument in the Islandia
area. He felt that the Trustees v;ould not grant any dredge and
fill requests until hearing from the federal government on the
monument proposal. Further, he thought that if the pending appli-
cations were denied, it would not mean that new applications
might not be made at some future time under the provisions now
applicable under the new legislation calling for ecological and
biological reports, which did not apply at the time the pending
applications were filed.
Therefore, Mr. Redford asked the Cabinet to take action on the
agenda item, to deny the applications which were pending which
in effect would re-endorse the position the Cabinet had taken a
few months ago encouraging Secretary of the Interior Stewart
Udall and others in their efforts to protect the conservation
values in South Biscayne Bay.
Secretary of State Adams said the board had taken that position
and there was no reason to reconfirm it, and that regardless
of when the applications were made any consideration by the board
would be under the new law and the new philosophy. He said the
matter was being held in abeyance so that no more fill permits
would be granted and no more bottom lands disposed of, in the
light of the efforts of the national government.
The consensus of the board was that the matter should be removed
from the agenda. It was so ordered.
LEE COUNTY - File No. 2022-36-253.12. On September 5, 1967, the
Trustees considered application from Sheppard and Woolslair, on
behalf of John P. Moss, et ux, abutting upland owners, with offer
of $2,000.00 per acre, which was more than the appraised price,
for purchase of a parcel of submerged land in Matanzas Pass in
Section 24, Township 46 South, Range 43 East, Lee County, at
Estero Island landward of the established bulkhead line. Notice
of sale was published in the Fort Myers News Press, proof of
publication filed and no objection to the sale received. The
parcel contained 0.25 acre.
The Lee County Bulkhead Line Committee, of which a marine biologist
of the Board of Conservation is a member, reported on May 16, 1967,
that the bulkhead line for Moss Marina, Inc., or filling within it,
would not materially affect marine resources in the area. Later
the Trustees' office received a report from the Board of Conserva-
tion confirming this favorable report. The Staff recommended
10-24-67
- 336 -
confirmation of the sale.
Attorney General Faircloth called attention to the fact that the
same biologist of the Board of Conservation who served on the
local bulkhead line committee also made the ecological report
to the board, and that there might possibly be a conflict of
interest. He wanted assurance that it was an unbiased and
impartial report from one solely responsible to the board, and not
to a local committee fixing bulkhead lines. Mr. Parker explained
that the biologist served the county without pay, offered pro-
fessional advice they needed, that the Trustees' office had nothing
to do with the arrangement but that he saw no conflict of interest
or anything wrong in it.
Mr. Adams said that the biologist should be advising the board
independently, and the Board of Conservation should take action
to remove their biologist from any local committees that evaluate
bulkhead lines or anything else. He said it could constitute a
conflict of interest, and such bulkhead line committee recommen-
dations should not be substituted for the Board of Conservation
reports required by the law.
Mr. Williams also thought it was a conflict of interest and made
a motion that the application of Mr. Moss for Lee County land be
withdrawn from the agenda. The motion was seconded by the
Attorney General and unanimously adopted.
The Director asked from whom the county should get professional
advice and Mr. Faircloth said it was their responsibility to get
biological studies from the Board of Conservation, but not by
having a Board of Conservation biologist as a member of their
committee.
Mr. John Sheppard, attorney for the applicant, explained that
the area involved was very small, merely to even up the bulkhead
line. He was advised by the Governor to review the apolication
v;ith the Trustees' Staff and get it into such condition that the
Trustees v/ould hear it again.
MARTi:: COUIJTY - File No. 1959-43-253.12. On September 12 the
Trustees considered application from F. vr. Michaux, the abutting
upland owner, who offered §425.00 per acre, approved by the
Staff Appraiser, for purchase of n parcel of submerged land in
the Indian River in Section 1, Township 38 South, Range 41 East,
in the Town of Sewall's Point, Martin County, landv;ard of the
established bulkhead line. iJotice of sale was published in the
Stuart Uews, proof of publication filed, and no objection to the
sale of the 0.54 acre parcel v^as received.
The original application area of 1.19 acres had been cut back
to 0.54 acre to comply with the recommendation of the biological
report of the Board of Conservation that no sale of submerged
land be made beyond a line GO feet parallel to the shoreline,
to preclude filling a grassy area. Staff recommended confir-
mation of sale of the small parcel. The Director seic it was
considerably l?ndv;ard of the bulkhead line and fill materia''
would be securec from the intracoastal waterway.
Mr. Adams said that the board was determined to follow the law
in getting independent evaluation of conservation acpccti;, and
that biological reports should specifically state whether the
10- 24- G 7
337 -
application as made should be granted. He objected to conserva-
tion reports which advised as to how applications should be
adjusted as to size, channels, or to the extent seaward the
application area would be favorably considered.
Motion was nade by Mr. Adams, seconded by Mr. Faircloth and
adopted v^ithout objection, that the Board of Conservation make
biological reports which evaluate the application without
referring to adjustments or modifications.
For the reason that the conservation report v;as not satisfactory
the application was deferred.
MONROE C0U2ITY - File No. 1950-44-253.12. On September 12 the
Trustees considered application from Fred P. Henning and wife,
the abutting upland owners, who offered $425.00 per acre, the
established price, for purchase of a parcel of submerged land in
Hawk Channel in Section 36, Township 67 South, Range 25 East,
Stock Island in Monroe County, containing 3.47 acres, more or
less. Notice of sale was published in the Key VJest Citizen,
proof of publication filed, and no objection to the sale was
received.
The applicant bad reduced his original application area from
25.65 acreL to 3.47 acres to comply with the Board of Conserva-
tion reconmenoation that the area sold not extend more than
250 feet offshore from the applicant's property line.
Based on the same objection to conservation reports as made
above, motion was made by Mr. Adams, seconded by Mr. Faircloth,
and adopted v;ithout objection, that the application be deferred.
MONROE COUIJTY - File No. 1963-44-253.12. On September 5 the
Trustees considered application from Mrs. Myrtle Gibson, abutting
upland owner, who offered $300.00 per acre, the established
appraised price, for a parcel of submerged land in Tropical Bay
in Section 23, Tov\/nship 66 South, Range 29 East, containing 0.35
acre lying easterly of and abutting Block 1 of Palm Villa on
Big Pine Key as recorded in Plat Book 1, Page 89, Public Records
of Monroe County, Florida. Notice of sale was published in the
Key West Citizen, proof of publication filed.
Staff recommended deferment pending further investigation of the
basis of several objections received from adjacent upland ov;ners
who questioned the zoning and the applicant's proposed use of the
area.
Motion was made by Mr. Conner, seconded and adopted, that the
Staff recommendation be approved and the application deferred.
PALM BEACH COUIITY - File No. 1918-50-253.12. On September 5 the
Trustees considered the application from. Cedar Lane Developers,
Inc., abutting upland owner, v;ith offer of $1,383.75 per acre,
approved by the Staff Appraiser, for purchase of a parcel of sub-
merged land in Lake Worth in Section 35, Township 44 South, Range
43 East, containing 0.501 acre in the Tov;n of Palm Beach lying
westerly of and adjacent to the south 27 5 feet of Government Lot
10-24-67
- 338 -
1, lying west of the right of way of State Road AlA and landward of
the established bulkhead line. Notice of sale v;as published in the
Palm Beach Daily News, proof of publication filed in the
Trustees' office.
Objections were received from the Tov^n Commission of South Palm
Beach and from South Palm Beach Residence, Inc. There was a
variation of 26 feet in the extension of bulkhead lines of the
municipalities at that point and the Staff had suggested that the
applicant pull back the area applied for to the beginning of the
South Palm Beach bulkhead line. Staff recommended deferment of
consideration of the sale until technical details pertaining to
the location of the existing bulkhead lines could be v7orked out.
Staff also recommended issuance of a disclaimer under the provi-
sions of Section 253.129 Florida Statutes covering 1.32 acres
abutting the applicant's upland v;hich had been filled prior to
June 11, 1957. The applicant submitted the §10.00 handling
charge for the disclaimer.
Motion v;as mace by Mr. Adams, seconded by Mr. Christian and
adopted unanimously, that the Trustees authorize issuance of the
disclaim.er under the provisions of Section 253.129, and that the
board defer consideration of the sale as recommended.
LEE COUI'JTY - Bulkhead Line. The Board of County Commissioners
of Lee County by Resolution adopted September 27, 1967, estab-
lished a bulkhead line offshore from the mean high water line
and along the eastern shore of Estero Bay in Government Lot 2,
Section 18, Township 47 South, Range 25 East, Lee County. The
Lee County Bulkhead Line Committee, composed of the County
Engineer, County Attorney and a marine biologist of the Florida
Board of Conservation, had recommended the bulkhead line, which
was approximately along the line of mean high water. There were
no objections at the local hearing and all required exhibits
were furnished to the Trustees' office.
Mr. Adams said that since the biologist was involved as a
member of the county bulkhead line committee, this item would
be in the same category as the Lee County application discussed
previously (in these minutes) and therefore, he made a motion
that the matter be brought back. It was so ordered.
LEE COUNTY - Miss Elsie Laughlin of Naples, Florida, made appli-
cation to construct a perimeter navigation channel and an access
channel offshore from her upland property in Estero Bay in
Section 18, Township 47 South, Range 25 East, Lee County. Corps
of Engineers permit SAJSP 67-575 is pending approval of the work
by the Trustees. The project conforms to the recommendations of
the Lee County Bulkhead Line Committee. Dredged material will be
placed on applicant's upland behind adequate spoil dikes. Board
of Conservation biological report approved the channels with
certain recommendations as to the dimensions of the cut.
On motion by Mr. Adams, seconded by Mr. Williams and adopted
without objection, the Trustees directed that the application
be brought back at a later date, for the reason that the biologi-
cal report was unsatisfactory.
PALM BEACH COUNTY - Bulkhead Line. On September 5, 1967, the
Trustees considered and deferred action on a bulkhead line in
the City of Riviera Beach in Palm Beach County. On April 24,
1962, the Trustees rejected a portion of a bulkhead line on the
. 339 - 10-24-67
east shore of Lake V/orth and directed that the rejected portion
be referred back to the city with a recommendation that considera-
tion be given to conforming the bulkhead line to the offshore
limits of those submerged lands conveyed by Trustees' Deed No.
17146 dated April 22, 1924. The City Council of Riviera Beach
by Ordinance No. 749 on May 3, 1967, adopted a line which was
along this conveyance line, v/ith a small variance at the southerly
end where the relocated line v;ould meet a previously established
line, running from the Village of North Palm Beach to the north
line of Palm Beach Isles No. 3.
The Florida Board of Conservation report dated September 25, 1964,
recommended that the line be pulled back to the outer limits of
private ownership; and their report of January 16, 1967, stated
that the relocated line was a decided improvement over the old
line which lay as much as 850 feet beyond the private parcels of
submerged land. However, both reports said that dredging to get
fill material in this area would severely damage the last undis-
turbed nursery ground in Lake V/orth. Objections were filed by
the Izaak Walton League.
The Director recommended deferment to permit further study of a
location which the city might fix that might accommodate the need
for additional land fill mass and yet not do too much damage
to conservation values. He said additional land mass would
provide protection to the road and to the narrow upland area
adjoining AlA.
Governor Kirk said he had taken a consistent position against
the bulkhead line, and on motion by Mr. Adams, adopted without
objection, the Trustees denied approval of the bulkhead line.
COLLIER COUNTY - Thomas R. Brown, attorney, on behalf of Charlie
B. Alexander, et ux , and D. F. Bishop, et ux, requested issuance
of a disclaimer to the South 100 feet of Tract 4, vrhitehurst ' s
Replat, Plat Book 5, Page 1, public records of Collier County,
lyinc '-'ithin the erroneously located meandered area of Haldeman
Creek, The Trustees had previously approved similar applications
of applicants desiring to remove cloud upon title. On October 17,
1957, the Trustees approved issuance of ex parte disclaimer for
$100.00 consideration for the 0.57 acre parcel, subject to the
approval of the Attorney General. Only four members of the board
were present on that date and the matter was again placed on the
agenda.
The Director said that there would be other applications for
disclaimer to remove clouds on the title because of the early
erroneous surveys.
Motion was made by Mr. Conner, seconded by Mr. Christian and
adopted unanimously, that the Trustees approve issuance of the
disclaimer for $100.00 consideration.
DADE COUNTY - File No. 1788-13-253.129. Harold P. Kravitz, attorney
for Bayshore Marina, Inc., submitted $10.00 charge for issuance of
a disclaimer under the provisions of Section 253.129 Florida
Statutes, to a 0.5737 acre parcel of sovereignty land in Section
22, Township 54 South, Range 41 East, Dade County, which was
filled prior to June 11, 1957. On Octobar 17, 1967, the Trustees
10-24-67
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approved the application subject to approval of the Attorney
General, There were only four members present and the matter
was again placed on the agenda.
Motion was made by Mr. Faircloth, seconded by Mr. v;illiams and
adopted unanimously, that the Trustees approve issuance of the
disclaimer for $10.00 charge.
f-lANATEE COUNTY - File No. 2040-41-253.12(1) John R. Blue, on
behalf of Harry S. Howey, et ux, applied for conveyance under the
provisions of Section 253.12(1) Florida Statutes, of 2.0 acres of
sovereignty land in Sarasota Bay in Section 3, Township 35 South,
Range 16 East, which was filled subsequent to May 29, 1951, and
prior to June 11, 1957. On October 17, 1967, there were only four
members present and the Trustees approved the application subject
to approval of the Attorney General.
Motion was made by Mr. Faircloth, seconded by Mr. Adams and
adopted unanimously, that the Trustees approve issuance of quitclaim
upon payment of the appraised value of $100.00 per acre, being
the value of the submerged land as it existed prior to filling.
PIInELLAS COUNTY - The Pinellas County Iv'ater and Navigation Control
Authority on behalf of Bernard F. Powell, Roger L, Stevens, Nora
Mae Peabocy and Mary Starr Powell, d/b/a/ The Belleviev; Biltmcre
Hotel, granted Dredge Only Permit No. BO-158 to dredge silt from
an existing channel and boat basin. The Board of Conservation
biologist reported that the basin and channel leading to it from
Clearv/ater Harbor were heavily silted to the detriment of boat
traffic, that applicant v;ished to scour the basin and channel
to their original depth of -3 ft. MLV; as dredged under Department
of Army permit issued to the Belleview Biltmore Hotel on October
2, 19 29, and that it v;aE understood that spoil rp.aterial would
be deposited shorev/erd of the mean high water line behind dikes.
No grassy nursery or fishing grounds were involved.
On motion by Mr. Adams, seconded by Mr.- V.'illiains and adopted
unanimously, the Trustees approved the dredging permit issued
by the Pinellas County T/ater ant; Navigation Control Authority.
PALM BEACH COU'NTY - The State Road Department requested temporary
easement, to terminate October 1, 1971, for dredging a 4.54 acre
parcel of bottom land in Kobe or Jupiter Sound in Section 31,
Township 40 South, Range 43 East, Palm Beach County, lying within
the right of way of the intracoastal v/atenvay in connection with
the construction of State Road 707, Section 93090-2504. Staff
requested waiver of the conservation report, and recommended
issuance of the easement subject to approval of the District
Engineer, U. S. Corps of Engineers.
Motion was made by 24r. Williams, seconded by Mr. Conner and
adopted unanimously, that the Trustees grant the request of the
State Road Department for the temporary easement without requiring
a conservation report. The Governor comnented that this work by
the Road Department would be extremely helpful.
10-24-67
- 341
LAKE COUNTY - Robert E. Thornburg of Eustis, Florida, applied for
6,000 cubic yards of material from Lake Eustis in Lake County to
use for improvement of his upland property in Section 2, Township
19 South, Range 26 East, in the City of Eustis. Applicant
tendered payment in the amount of $300.00 for the material. The
Florida Game and Fresh V7ater Fish Commission reported favorably
on the proposed work, subject to standard stipulations in the
permit as to dredging. Staff recommended approval.
On motion by Mr. Adams, seconded by Mr. Williams and adopted
unanimously, the Trustees authorized issuance of permit to Mr.
Thornburg for the requested amount of fill material from Lake
Eustis.
LAKE COUNTY - R. 0. Newman on behalf of W. H. Elmore of Leesburg,
Florida, applied for 10,000 cubic yards of material from Lake
Eustis in Lake County, to use for improvement of his upland
property in Section 21, Township 1? South, Range 26 East. Appli-
cant tendered payment in the amount of $500.00 for the material
and the Staff recommended approval. Florida Game and Fresh
V7ater Fish Commission reported favorably on the proposed v;ork,
subject to standard stipulations in the permit as to dredging.
On motion by Mr. Adams, seconded by Mr. V/illiams and adopted
unanimously, the Trustees authorized issuance of permit to the
applicant for the requested amount of material.
MARION COUNTY - Len Warren of Ocala, Florida, applied to remove
110 cubic yards of material from Little Lake VJeir to improve his
upland property in Section 11, Tov;nship 17 South, Range 23 East,
Marion County. The Florida Game and Fresh Water Fish Commission
aporoved the proposed work, subject to standard stipulations as
to dredging. Applicant tendered payment in the amount of $25.00
and the Staff recommended approval.
On motion by Mr. Adams, seconded by Mr. V.'illiams and adopted
unanimously, the Trustees authorized issuance of permit to Mr.
Warren for the requested amount of material.
SUBJECTS UNDER CHAPTER 18296
REFUNDS - Murphy Act. On motion made by Mr. Williams, seconded
by Mr. Z^dams and adopted without objection, the Trustees
authorized refund in the amount of $10.00 to each of the
follov;ing applicants whose request for release of the state
road right of way reservation contained in the numbered Murphy
Act deeds v;as not recommended by the State Road Department:
Bruce C. Hendry, DeSoto County Murphy Act Deed No. 91;
John L. Denman, Sarasota County Mur^y Act Deed No.
On motion duly adopted, the mee
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ATTEST;
DIRECTOR - SECRETARY
Tallahassee, Florida
October 31, 1967
The Trustees of the Internal Improvement Fund met on this date
in the Board Room, office of the Governor, in the Capitol
Present: Tom Adams Secretary of State, Acting
Chairman
Earl Faircloth Attorney General
Fred 0. Dickinson, Jr. Comptroller
Floyd T. Christian Superintendent of Public
Instruction
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
On motion duly adopted, the Trustees approved the minutes of
October 17 and 24, 1967, which had been approved by the Attorney
General.
At the meeting of the Board of Conservation on this date, the
members discussed the need for getting biological and ecological
studies which, while not required under the old law, were a
requirement under the new legislation in applications for setting
bulkhead lines, issuance of fill permits and sales of submerged
lands. Secretary of State Adams pointed out that the board
desired to operate in strict compliance with the law and a philo-
sophy of conservation of natural resources. He hoped it would
not take long for every one to understand this. Speaking for
the board, he said they appreciated the Staff's work and
understanding of the situation involving the change of procedures.
The Director said there would be problems, and he thanked the
members for their patience.
PALM BEACH COUNTY - File No. 2027-50-253.12. Brockway, Owen
and Anderson on behalf of Mary P. Tindall, the abutting upland
owner, offered the appraised value of $1,401.00 per acre for
purchase of a parcel of submerged land in Lake Worth containing
0.346 acre in Section 3, Township 43 South, Range 43 East, in
the City of West Palm Beach landward of the established bulkhead
line, in Palm Beach County. Staff recommended advertisement.
The Board of Conservation biological study of marine life for the
northerly portion of Lake Worth made in 1961, reprinted in 1963,
reported that submerged bottoms were extensively silted on both
sides of the intracoastal waterway and that sea grass and nursery
grounds appeared to be lacking in the area. A May 1963 report
made at the time the proposed changes in the City of West Palm
Beach bulkhead line were being considered showed that the area
within said bulkhead line did not contain valuable sea grass.
On motion by Mr. Dickinson, adopted without objection, the
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Trustees authorized advertisement of the parcel for objections
only.
PALM BEACH COUNTY - File No. 2042-50-253.12. Application was
presented from C. E. J., Inc., the abutting upland owner, with
offer of the appraised value of $1,937.50 per acre for purchase
of a parcel of submerged land containing 0.20 acre in Jupiter
River (Hobe Sound) in Section 30, Township 40 South, Range 43 East,
Gomez Grant, landward of the established bulkhead line.
Although the biological report received from the Board of Conser-
vation under date of August 24, 1967, stated that this imonediate
area was a nursery area and feeding ground, the Trustees' Staff
felt that because of the physical location and the consent of
the upland owners to the relocation of State Road No. 707, and
the numerous sales of bottom lands beyond or westerly of the
road right of way already confirmed by the Trustees, this sale
should be authorized for advertisement.
Hov;ever, this parcel v;as v;ithin 200 feet of that 0.29 acre
parcel applied for by Henry T. Goode in File No. 1930-50-253.12
which was presented to the Trustees on September 26, 1967, and
v/as denied.
Mr. Dickinson made a motion that the Trustees act in accordance
with the recommencation of the Staff to advertise the parcel
for objections only. There was no second and the motion failed.
Mr. Conner moved that the Trustees be consistent with the denial
on September 26 for a parcel nearby, and deny the application by
C. E. J. , Inc. Mr. Faircloth seconcec the motion which v;as
adopted without objection.
CHARLOTTE COUiv'TY - Bullchead Line. The Board of County Cornruiss lon-
ers of Charlotte County by Resolution adopted October 17, 1967,
established a bulkhead line in Charlotte Harbor in Section 25,
Township 40 South, Range 22 East, Charlotte County, offshore from
uplands of Shakeshaft's Seahorse Marina, Inc. and Edwin C. Ryder.
There were no objections at the local hearing and all required
exhibits were furnished. The Board of Conservation biological
report dated July 21, 1967, stated that the area had already
been affected by filling, particularly by the adjacent fill to
the south, and that the area was not a fishing or nursery ground.
Staff recommended approval of the bulkhead line.
On motion made by Mr. Christian, seconded by Mr. Dickinson and
adopted unanimously, the Trustees approved the bulkhead line as
established by Charlotte County on October 17, 1967.
MANATEE COUNTY - Bulkhead Line. Withdrawn from the agenda for
consideration at some future date was ? bulkhead line adopted by
the City Council of the City of Bradenton in Manatee County.
BAY COUNTY - File No. 2047-03-253.129. Staff requested authority
to issue a disclaimer under the provisions of Section 253.129
Florida Statutes, covering a 1.93 acre parcel of sovereignty land
which was filled prior to May 29, 1951, lying in the St. Andrews
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Bay in Section 1, Township 4 South, Range 14 West, Bay County.
The present owners, Lee A, Fverhart and wife, and Gilbert A.
Tougas and wife, submitted the ?10.00 handling charge for
a disclaimer.
On motion by Mr. Conner, seconded by Mr. Dickinson and adopted
unanimously, the Trustees authorized issuance of the disclaimer
under provisions of Section 253.129 Florida Statutes.
COLLIER COUI^TY - File No. 1679-11-253.124. Staff recommended
approval of a fill permit issued by the Board of County Commis-
sioners on October 3, 1967, to Marco Island Corporation under
the provisions of Section 253.124 Florida Statutes as amended
by Chapter 67-393, Acts of 1967, to fill the 3.6 acre parcel of
submerged land in Big Marco Pass in Section 6, Township 52 South,
Range 26 East, Collier County, which was previously conveyed by
the Trustees under the referenced file number.
Motion was made by Mr. Christian, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees approve the fill permit
issued by the Board of County Commissioners of Collier County
on October 3, 1967.
COLLIER COUIMTY - The Marco Island Corporation applied for permit
to remove 109,000 cubic yards of material from unvegetated sandy
shoal and channels in Big Marco Pass in Section 6, Township 52
South, Range 26 East, Collier County. The material would be
used to improve the applicant's upland property and $5,450.00
was tendered as payment. The Florida Board of Conservation
reported that the shoal area lay at the intersection where the
inland v/aterv;ay channel joined Big Marco Pass channel, that it
was not vegetated and dredging should not materially or adversely
affect marine resources or fishing and would improve navigation.
Motion was made by Mr. Conner, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees authorize issuance of
a permit to the applicant for removal of the requested amount
of fill material.
DADE COUIITY - File No. 356-13-253.124. Staff recommenced approval
of fill permit issued by the City Council of the City of North
Miami on April 12, 1966, and submitted to the Staff under date of
October 13, 1967, together with copy of the report of the marine
biologist of the Board of Conservation, under the provisions of
Section 253.124 Florida Statutes as amended by Chapter 67-393,
Acts of 1967, to fill the 0.64 acre parcel of submerged land in
Biscayne Bay in Section 28, Township 52 South, Range 42 East,
Dade County, previously conveyed by the Trustees under the
referenced file number. The applicant for the permit was
Causeway Investments, Inc., ♦"he successor in title to the parcel
from Antonio Arias y Cardenas. The referenced biological report
submitted to the City of North Miami under date of October 9,
1957, stated that the proposed development would not adversely
affect n.arine resources in Dade County.
On motion by Mr. Christian, seconded by Mr. Dickinson, the
10-31-67
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Trustees approved the fill permit to Causeway Investments, Inc.
DUVAL COUNTY - Parkhill-Goodloe Co. , Inc. , on behalf of the
Jacksonville Port Authority, made application to modify existing
Department of the Army Permit SAJSP 66-347 to remove an addi-
tional 150,000 cubic yards of material from the previously
approved borrow area. The material was to be placed on the
Jacksonville Port Authority upland and request was made for
waiver of payment for the material since it was a county agency.
Mr. Adams commented that the usual charge for the fill would
be in the amount of $7,500.00. The Director said that the Staff
recommended waiver of the charge for the public agency.
Motion was made by Mr. Christian, seconded by Mr. Dickinson and
adopted unanimously, that the application be granted without
charge for the material.
DUVAL COUNTY - Harold B. Wahl , attorney on behalf of the American
Telephone and Telegraph Company, proposed to install overseas
ocean cable from Jacksonville, Florida, to St. Thomas, Virgin
Islands, and requested permission (1) to place a submarine cable
under the seawall and beneath the beach in Section 28, Township
2 South, Range 29 East, and (2) to lay twin armored submarine
cables (10 per cent buried and 90 per cent laid loosely on the
bottom) across the St. Johns River on the east side of the Main
Street Bridge in Jacksonville, Florida, in Section 39, Township
2 South, Range 26 East, Duval County.
The Staff requested waiver of the biological or ecological study
because the facility would serve the public interest, and recom-
mended approval of the application.
Mr. Dickinson said the proposed work had been checked out and
was badly needed, and that all they requested was access and the
right to lay the cables.
Mr. Adams said he realized that, but on the agenda was a request
that the board waive the biological and ecological study. He
called attention to the earlier action of the Board of Conserva-
tion that they would not waive such studies.
The Director said that the Staff had been advised that the
project v/as all right biologically although the usual survey and
report was not made. However, he said that the marine biologist
of the Board of Conservation was present and might be familiar
with the area. Kenneth VJoodburn, the biologist, made the state-
ment that there would be no material adverse effect from the work.
Mr. v/ahl asked if there wasn't some way, in view of all the cables
which have to be laid across navigable waters, that such matters
which are clearly in the public interest could be handled at the
staff level between the departments of Senator Randolph Hodges,
for the Board of Conservation, and Mr. Parker, for the Trustees,
and not require formal action by the cabinet.
Mr. Adams said he could only summarize that a new philosophy was
in effect, the board preferred such applications to come before
it for decision, to relieve the staff of the burden of decisions.
Mr. Conner added that if the board started making exceptions, it
might have many requests, some of which might not be in the public
interest.
10-31-67
- 346 -
On motion by Mr. Dickinson, seconded by Mr.Faircloth and adopted
unanimously, the Trustees approved the application from American
Telephone and Telegraph Company.
ST. LUCIE COUNTY - File No. 1351-56-253.124. Authority was
requested for extension for an additional period of three years
of a fill permit issued by the Board of County Commissioners of
St. Lucie County and approved by the Trustees December 7, 1965,
under the provisions of Section 253.124 Florida Statutes, to fill
the 49.90 acre parcel and 2.29 acre strip of submerged land in
the Indian River in Sections 2 and 3, Township 37 South, Range 41
East, conveyed and dedicated under the above referenced file
number. The original permit was issued to Gena T. Dyer, et ux,
who were unable to proceed with the improvements called for in
the permit. Their rights therein, together with the upland, the
submerged land and the dedicated easement pertaining to the pro-
posed development described in the permit, had been assigned to
Iowa Land & General Development Corp., Inc.
The Staff was advised by the Attorney General that the requirements
for various surveys and studies established by Chapter 67-393 in
its amendment to Section 253.124 Florida Statutes, would not apply
to the dredge and fill permit for which an extension is requested,
because the dredge and fill permit had already been issued and
there was nothing in the new law which required retroactive or
retrospective application. Based on this opinion, the Staff
recommended approval of the permit extension.
Mr. Adams said he considered that there was nothing in the new lav;
that would prohibit the securing of a biological and ecological
report. Mr. Faircloth said he had not considered it in that light,
but now that the fill permit was coming up for an extension he saw
nothing to prohibit a biological report. Mr. Conner said that it
did not appear that it would be an unnecessary delay as the permit
was for a period of three years.
Motion was made by Mr. Faircloth, seconded and adopted without
objection, that a biological and ecological study and report be
secured before any action was taken on the permit extension.
VOLUSIA COUNTY - Application was made by Stepp, Inc., on behalf
of .7. E. Cartwright, for permit to remove 2,000 cubic yards of
material from a sand bar in the St. Johns River in Section 24,
Township 15 South, Range 27 East, Volusia County, for deposit on
the applicant's upland property. Applicant tendered payment in
the amount of $100.00 for the material. The Florida Game and
Fresh V/ater Fish Commission reported favorably on the proposed
work, subject to inclusion of standard stipulations in the permit
as to dredging. Staff recommended approval.
On motion by Mr. Dickinson, seconded by Mr. Conner and adopted
unanimously, the Trustees authorized issuance of permit for the
requested amount of fill material.
On motion duly adopted, the meeting was adjourned,
SECRETARY OF STATE - ACTING CHAIRMAN
10-31-67
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ATTEST:
DIRECTOR - SECRETARY
Tallahassee, Florida
November 7, 1967
The Trustees of the Internal Improvement Fund met on this date in
the Board Room, office of the Governor, in the Capitol.
Present: Claude R. Kirk, Jr. Governor
Tom Adams Secretary of State
Earl Faircloth Attorney General
Fred 0. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Floyd T. Christian Superintendent of Public
Instruction
Doyle Conner Commissioner of Agriculture
Robert C. Parker Director
On motion duly adopted, the Trustees approved the minutes of the
meeting of October 31, 1967, which had been approved by the
Attorney General.
CHARLOTTE COUNTY - File No. 1989-08-253.12. Application was made
by Leo V7otitzky on behalf of Shakeshaft's Seahorse Marina, inc.,
and Edwin C. Ryder, abutting upland owners, who offered the
appraised value of $5,389.33 per acre for two contiguous parcels
of submerged land totalling 0.86 acre, more or less, in Charlotte
Harbor in Section 36, Township 40 South, Range 22 East, landward
of the established bulkhead line in Charlotte County. The
biological report received by the Staff from the Board of
Conservation dated July 21, 1967, showed that sale and develop-
ment of the two parcels would not adversely affect the marine
resources of the area. The Staff recommended advertisement for
objections only.
Motion was made by Mr. Adams, seconded by Mr. Faircloth and
adopted unanimously, that the land be advertised for objections
only.
LEE COUNTY - File No. 2022-36-253.12. On October 24, 1967, the
Trustees deferred action on the application from John P. Moss, et
ux, abutting upland owners, with offer of $2,000.00 per acre for
a small parcel of submerged land containing 0.25 acre, more or
less, in Matanzcs Pass in Section 24, Township 46 South, Range 43
East, at Estero Island landward of the established bulkhead line
in Lee County. A supplemental biological report dated October 20,
1967, from marine biologist Kenneth D. Woodburn to Mr. Randolph
Hodges, Director of the Board of Conservation, and transmitted to
the Trustees' office on October 23, stated that the filling and
11-7-67
- 348 -
development of the parcel sought for purchase in this application
would not materially affect marine resources in the area. In view
of this conclusion. Staff recommended confirmation of the sale.
Motion was made by Mr. Adams, seconded by Mr. Faircloth and
adopted unanimously, that sale of the advertised parcel be con-
firmed in favor of the riparian owners at the price offered.
MARTIN COUNTY - File No. 1959-43-253.12. On October 24, 1967, the
Trustees deferred action on the purchase application from F. v;.
Michaux, the abutting upland owner, who offered $425.00 per acre
for a parcel of submerged land in the Indian River in Section 1
Township 33 South. Range 41 East, containina 0.54 acre, more or'
less, m the Town of Sewall's Point landward of the established
bulkhead line in Martin County. The language used in the report
from the Board of Conservation with respect to marine resource^
was construed by the Trustees as being in imoroper form and a
modified report dated November 1, 1967, was received from the
Board of Conservation, copy of which was forrvarded to each member
of the Trustees. Based on the modified report. Staff recommended
confirmation of sale of the parcel since the new biolooical
report indicated no adverse effects on marine resources.
Motion was made by Mr. Faircloth, seconded by fir. Adams and
adopted unanimously, that the Trustees confirm sale of the adver-
tised parcel to the riparian owner at the price offered.
MONROE COUITTY - File No. 1950-44-253.12. On October 24, 1967,
the Trustees deferred action on the purchase application from'
Fred P. Henning, et ux, abutting upland owners, who offered $425.00
per acre for a parcel of submerged land in Hawk Channel in
Section 36, Township 67 South, Range 25 East, containing 3.47
acres, more or less, southerly of Stock Island in Monroe County.
Certain procedural matters were clarified relating to the
recomm.endations to be made by the marine biologist with respect
to the area sought for purchase, and thjs Staff recom.mended
confinnation of the sale. The marine biologist's report of
January 16, 1967, indicated that the area for which apolication
was made to purchase, consistino of 3.47 acres, contained no
substantial marine resources to be protected or preserved.
Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees confirm sale of the
advertised parcel to the riparian ovmer at the price offered.
CHARLOTTE COUtTTY - Bulkhead Line. The Board of County Commis-
sioners of Charlotte County by resolution adopted October 17, 1967
established a bullcheac line in Lemon Bay in Section 12, Township
41 South, Range 19 East, Charlotte County, being in two short
segments for petitioner Clayton E. Kesselring, Jr., of
Englev;ood Beach, Manasota Key. All required exhibits were fur-
nished and there v;ere no local objections to the bulkhead line.
The Florida Board of Conservation had no objection to the line
which closely followed the mean high water line. Staff
recommended approval.
Motion was made by Mr. Adams, seconded by Mr. Dickinson and
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- 349 -
adopted unanimously, that the Trustees approve the bulkhead line
as located by the Board of County Commissioners of Charlotte
County.
MANATEE COUNTY - Bulkhead Line. The City Council of the City of
Bradenton, Florida, by resolution adopted September 13, 1967,
established a bulkhead line offshore in the Manatee River in
Sections 25 and 26, Township 34 South, Range 17 East, Manatee
County. All required exhibits were furnished and there were no
local objections. The objective of the city in establishing the
bulkhead line was to make it possible for the city and the
Manatee Memorial Hospital, the abutting upland owners, to acquire
the submerged lands located landward of the bulkhead line as
fixed by the city. That application to acquire land appears as
the following item in these minutes.
The Florida Board of Conservation report dated November 8, 1966,
was used by the City Council in establishing the bulkhead line.
That report indicated that the area between the ACL railroad
bridge causeway and the small city marina bordering 9th Street
West had the best growth of seagrasses, oysters and red mangrove
that served as a nursery and feeding grounds for marine life and
that wading birds fed on the shallow flats. However, the area
was not undisturbed because of dredging or draglining, filling
and silting from constructing small boat channels, the marina and
the railroad causeway. That area between the railroad bridge
causeway and the DeSoto Bridge had generally been adversely
affected by dredging and draglining, filling and silting. The
narrow strip of submerged land sought on the eastern side of the
DeSoto Bridge causeway had been adversely affected by dredging,
filling and silting. The Florida Board of Conservation Patrol
reported that the areas were not popular sport fishing sites and
that commercial netting of fish was banned east of the Green
bridge in the Manatee River.
Mr. Adams said there was great public interest and slight
ecological damage in the municipal project for which this bulk-
head line v;as set, and Mr. Dickinson agreed that it was in the
public interest.
Motion was made by Mr. Adams, seconded by Mr. Dickinson and adopted
unanimously, that the Trustees approve the bulkhead line off the
northerly shoreline of the Manatee River in Sections 25 and 26,
Township 34 South, Range 17 East, as located by the City Council
of the City of Bradenton, Florida, by resolution of September 13,
1967.
MANATEE COUNTY - File No. 2051-41-253.12. Application to Purchase,
and Dedication for Public Purposes. The City Council of the City
of Bradenton submitted an application for acquisition of all
submerged land located landward of the bulkhead line established
by their resolution of September 13, 1967, in the Manatee River
in Sections 25 and 26, Township 34 South, Range 17 East, Manatee
County. The city quoted the language contained in Section 3 of
Chapter 63-1129, Special Acts of 1963, which authorized the City
of Bradenton to undertake this project, the language of the act
being as follows:
"... it is essential and necessary to the health, safety and
welfare of the inhabitants of the city, that the city acquire,
fill and develop a waterfront area of tide land and slightly
11-7-67
- 350 -
submerged land for the purpose of eliminating stagnant pools and
shallow flats, detrimental to public health; to make available
sufficient land for right of way for a connecting link between
U. S. Highways 41 and 301 in the city to provide a safer flow of
traffic; to enhance the recreational facilities of the city and
the cultural development of the inhabitants thereof, and to add
to the aesthetic appeal of the northern approaches to the city..."
The total area in the application for the city was 54.25 acres.
Also, the Board of Trustees of Manatee Memorial Hospital, a county
hospital, one of the abutting upland owners within this bulkhead
line, by resolution dated October 23, 1967, requested the Trustees
to dedicate the submerged lands adjacent to their upland owner-
ship lying landward of the bulkhead line to the county for public
purposes. The hospital was in the process of constructing a
major addition to the hospital, and the City of Bradenton and
Manatee County entered into an agreement whereby they would share
the cost to fill the 8.513 acres adjacent to the hospital.
The Director said the city had not submitted a specific develop-
ment plan but the intended use had been discussed and reviewed by
the Staff. Mr. Lloyd A. Lyday, City Attorney for the City of
Bradenton, orally committed the city to offer the appraised value
for the submerged land applied for.
A number of interested persons were present, including Mr. Lyday
and the Mayor of Bradenton, also Kenneth W. Cleary and J. Gordon
Alderman, and others. The Mayor thanked the Trustees for their
favorable response to the city's waterfront project bulkhead line
and application.
Motion was made by Mr. Adams, seconded by Mr. Dickinson and
adopted unanimously, that the Trustees approve the application by
the City of Bradenton for 54.25 acres, and the application by the
Manatee Memorial Hospital for dedication of 8.513 acres for public
purposes, and that said parcels be advertised for objections only.
PALM BEACH COUNTY - Bulkhead Line. The Town Commission of the
Town of Jupiter by Ordinance No. 22-67 a(3opted on August 15, 1967,
amended the existing bulkhead line in the Loxahatchee River in
Section 36, Township 40 South, Range 42 East, Palm Beach County,
in order to correct irregularities in the existing bulkhead line
which were discovered by a field survey. The Florida Board of
Conservation had reported by letter dated November 23, 1966, that
the line set by the Town of Jupiter was the most conservative and
conservation-oriented bulkhead line they had evaluated. Staff
recommended approval of the amended bulkhead line.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
unanimously, the Trustees approved the amended bulkhead line as
adopted by the Town of Jupiter.
COLLIER COUNTY - Thomas H. Baker, holder of Grazing Lease No.
2062-S covering Section 16, Township 49 South, Range 31 East,
Collier County, which expires on November 23, 1967, requested
renewal for an additional three (3) years. The lease contained
a provision allowing cancellation by the Trustees after 90-day
written notice, and had been leased at 40/5 per acre annually.
Due to an increase in value of land and increase of private land
rental in the area of the leased land. Staff recommended renewal
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for tl-izee additional years at an annual rental increased 10% or to
44fi per acre for the 640 acres.
The Director said that this was the first action by the Trustees
with respect to lands title to which came to the Trustees under
Chapter 67-2236, Laws of Florida, Acts of 1967. Revenue derived
from this lease will continue to be deposited to the credit of the
School Fund.
On motion by Mr. Faircloth, seconded by Mr. Conner and adopted
unanimously, the Trustees authorized renewal of the grazing lease
for three additional years at 44(6 per acre annually, with the
same other terms and provisions as heretofore.
GLADES COUNTY - Staff recommended approval of assignment of Grazing
Lease No. 2267 covering 40 acres of reclaimed lake bottom land in
Section 12, Township 42 South, Range 32 East, Glades County, from
D. C. Mitchell to Ernest W. Hilliard, Sr. , and Ernest W. Milliard,
Jr. Executed assignment and acceptance of assignment were filed
in the State Land Office.
Motion was made by Mr. Faircloth, seconded by Mr. Williams and
adopted unanimously, that the Trustees approve the lease assign-
ment.
BROWARD COUNTY - File No. 2013-06-253.124. Staff recommended
approval of the fill permit issued by the Building Department of
the City of Fort Lauderdale on October 30, 1967, to August
Urbanek under the provisions of Section 253.124 Florida Statutes
as amended by Chapter 67-393, Acts of 1967, to fill the 0.18 acre
parcel of submerged land in New River Sound in Section 12,
Township 50 South, Range 42 East, Broward County, recently con-
veyed by the Trustees under the referenced file number. The
biological report dated June 5, 1967, received by the Staff
covering this area offered no objection to this offshore exten-
sion in the heavily dredged and filled waterfrontage of downtown
Fort Lauderdale.
Motion was made by Mr. Williams, seconded by Mr. Christian and
adopted unanimously, that the Trustees approve the fill permit.
DUVAL COUNTY - File No. 2003-16-253.124. Fill Permit, Channel
Dredging, and Dock Permit. The Staff recommended approval of the
fill permit issued by the Board of County Commissioners of Duval
County on October 30, 1967, to Jacksonville Port Authority under
the provisions of Section 253.124 Florida Statutes as amended by
Chapter 67-393, Acts of 1967, to fill a portion of the 128-acre
tract of submerged land in the St. Johns River in Section 25,
Township 1 South, Range 27 East, and Sections 18, 19, 20, 29 and
30, Township 1 South, Range 28 East, previously conveyed by the
Trustees under the referenced file number.
Also, under the provisions of Section 253.123 Florida Statutes,
as amended by said Chapter 67-393, the Staff requested authority
to issue permit to the Jacksonville Port Authority to dredge in
the St. Johns River channel, channelward of the established bulk-
head line in the same area and to deposit the material on upland
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title to which is vested in the Port Authority. Staff recom-
mended that charge for this material be v;aived as the applicant
was a public agency.
In both instances, the Staff of the Board of Conservation offered
no objection to the proposed work, no harm to marine resources
being indicated as a result of the development.
Also, Staff recommended approval of permit for commercial dock
and wharf in the St. Johns River in Section 25, Tovmship 1 South,
Range 27 East, Duval County, for v/hich all required exhibits
were submitted. Because of the public nature of the project,
waiver of the $100.00 state commercial dock permit fee was
requested.
Motion was made by Mr. Christian, seconded by Mr. Adams and
adopted unanimously, that the Trustees authorize issuance of
the three permits for filling, channel dredging, and dock and
wharf construction for the Jacksonville Port Authority. The
Board waived the dock permit fee for the public project.
DUVAL COUNTY - On October 17, 1967, the Trustees at the suggestion
of the Secretary of State deferred action on the application from
Anne K. Grass of Jacksonville for permission to dredge a naviga-
tion channel 20 feet wide by 120 feet long alongside an existing
dock in the St. Johns River, pending an examination and report by
the marine biologist. On this date, Mr. Adams said he had been
informed that while no published conservation report had been
received, there was no ecological damage and further, that the
applicant had unknowingly proceeded with the small boat channel
not realizing that permission was required. He recommended that,
if there was no objection, the application be approved and the
permit issued.
On motion by Mr. Adams, seconded by Mr. Christian and unanimously
adopted, the Trustees authorized issuance of a permit to Miss
Grass for the small navigation channel.
LEE COU'-TTY - Florida Power and Light Company of Sarasota, Florida,
made application for permission to install a submarine power
cable in and across the watenvay south of State Road S65-A bridge
at Big Carlos Pass in Section 2, Tovmship 47 South, Range 24
East, in Lee County. The Florida Board of Conservation reported
that installation of the cable in water depths from eight to
eighteen feet would not adversely affect marine life and
fisheries. Staff recommended approval.
On motion by Mr. V;illiams, seconded and unanimously adopted, the
Trustees approved the application for a cable crossing.
OKALOOSA COUNTY - On October 17, 1967, the Trustees deferred
action, pending receipt of a biological report, on application
by the City of Fort VJalton Beach under provisions of Section
253.123 Florida Statutes as amended by Chapter 67-393, Acts of
1967, to amend an existing permit to construct a by-pass channel
12 feet wide by 1,200 feet long in conjunction with an outfall
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