Agenda Item Name:
Title
Lochloosa Slough - Fox Pen Connector Tract Contract to Purchase Real Property
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Presenter:
Charlie Houder / (352) 264-6804
Description:
Staff requests the Board of County Commissioners (BoCC) to approve and execute the Contract to purchase the Lochloosa Slough - Fox Pen Connector Tract from Weyerhaeuser (± 3,995.67 acres) through the Alachua County Forever program. The execution of this Contract is the final BoCC action on the acquisition of this project.
Recommended Action:
Recommended Action
1. Approve and authorize the Chair to execute the Contract to purchase the Lochloosa Slough - Fox Pen Connector Tract;
2. Approve the acquisition subject to the following title exception numbers as per the attached title commitment: 8, 16, 20, 24, 29, 30, 31 & 32; and delegate to the County Manager the authority to accept or reject any additional environmental, title, survey or permitted exceptions;
3. Authorize staff to execute additional documents as necessary to close the transaction; and
4. Approve the attached budget amendment authorizing the expenditure of funds for due diligence and associated closing costs.
5. Authorize staff to use WSPP - Land Acquisition funds for the land management cost associated with this property over time.
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Prior Board Motions:
On May 28, 2019, the BoCC placed Lochloosa Slough - Fox Pen Connector on the Active Acquisition List (Full-Price).
Fiscal Consideration:
Fiscal Consideration
The amount of the Earnest Money payment is $1,000.00. This amount is refundable if the County cancels the contract. At closing, the $1,000.00 will be applied to the final purchase price.
The contract allows the County Manager to cancel the contract “for any reason or no reason” during the due diligence period of 146 days.
Total acquisition costs are estimated to be $10,748,352.30 for the land plus $189,140 for due diligence and closing services. The basis for these estimates are detailed below. The final land purchase price will be based on $2,690.00 per/acre multiplied by the surveyed acreage as defined in the Contract. (Exhibit 1) The purchase price is essentially equal to the average of the two appraisals, which is $2,694.52 per acre. A precise determination of the Lochloosa Slough - Fox Pen Connector total acres will not be known until a boundary survey is complete.
In order to provide sufficient spending authority to cover an unanticipated change in acreage and associated acquisition costs, staff is requesting authorization to expend an amount equal to the estimated acquisition costs plus 10%.
Estimated purchase price: $10,748,352.30 (3,995.67 ac x $2,690.00/ac)
• Boundary Survey: $222,120
• Weyerhaeuser’s Boundary Survey Contribution: -$60,000 (at closing)
• Survey Signs & Posts: $6,500
• Phase I ESA: $10,508
• Attorney’s Fees and Closing Costs: $10,012
• 10% contingency on purchase price & due diligence: $1,093,749.23
TOTAL EXPENDITURE AUTHORITY REQUESTED: $12,031,241.53
Budget Amendment (Exhibit 5)
WSPP - Land Acquisition (Capital Expense)
Fund#: 021.41.4160.537.61.00 - 6194101 Lochloosa Slough Flatwoods - Fox Pen Connector
Annual property tax revenue of the fifteen parcels: $18,682.42 (2020)
(Exhibit 6), Estimated annual Alachua County Forever management costs: $34,230
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Background:
On April 25, 2019, the Land Conservation Board (LCB) placed the Lochloosa Slough - Fox Pen Connector on the Full-Price, Priority Pool.
The approximately 3,995.67-acre, Lochloosa Slough - Fox Pen Connector property consists of fifteen parcels in eastern Alachua County. The property is located south of the City of Hawthorn and east of Lake Lochloosa. Specifically it lies, between U.S. Highway 301 and the Putnam County boundary line. This tract of land physically “connects” Alachua County’s Fox Pen property to its north with the County’s Lochloosa Slough property to its south.
Combined, these three properties would make up a 6,467 acre complex of County conservation land, bringing the network of conservation lands surrounding Lake Lochloosa closer to bridging a connection toward the Ocala National Forest via the BJ Bar ranch and the Marjorie Harris Carr Cross Florida Greenway. The property contains portions of four watersheds draining toward Lake Lochloosa, Lochloosa Slough, and Orange Creek. The majority of the property, 3,940 acres, lies in two strategic ecosystems, East Lochloosa Forest Strategic Ecosystem, and Lochloosa Slough Strategic Ecosystem.
The Connector Tract is currently managed for timber production by Weyerhaeuser, and the majority of the property consists of mesic flatwoods with a vast system of wetlands. One of the most notable natural features of the property is the high quantity and overall quality of the wetlands, including: 60+ depression marshes, 7 flatwoods/prairie lakes, 6 dome swamps, 4 basin marshes, and areas of basin swamp and baygall. Native groundcover exists throughout most of the flatwoods and pine plantations at varying levels. Fuel loading in the mesic flatwoods and pine plantation areas is moderate overall, with heavier shrub layers near the basin swamp and baygall margins, and lighter fuels in the younger timber stands. The small area of sandhill and scrubby flatwoods near the center of the property retains several key species, including scattered longleaf pine, Chapman’s oak, myrtle oak, sand live oak, post oak and wiregrass. Non-native invasive plants were found in only four locations on the property, all of which were on road edges, and were in low numbers at each site. A wide variety of wildlife utilize the property, including Florida black bear, bobcat and gopher tortoise. (Exhibit 2 & 3)
If acquired, Alachua County Forever Program staff would coordinate the management of it with the Lochloosa Slough and Fox Pen properties.
The Contract allows Weyerhaeuser to conduct pine timber stand thinning on 237 acres during the Contract’s due diligence period, but the thinning will be completed by closing (estimated closing in August 2021).
The attached is a preliminary title commitment (Exhibit 4) that lists items that may constitute exceptions to the County’s unencumbered ownership of the Property if the County agrees to accept the conveyance subject to these title exceptions. An updated title commitment will be ordered by the County prior to closing. Some of these preliminary title exceptions may be deleted prior to closing based on additional title examination or the survey. Outstanding interests that permit a third party to alter the property in some way are worthy of particular attention. Staff is recommending that the Board accept the following title exceptions (#8, #16, #20, #24, #29, #30, #31 and #32), which are summarized below:
Title Exceptions #8, #16, #24 and #29: The State of Florida reserved one half of all petroleum and petroleum products, and title to an undivided three fourths of all other minerals, affecting approximately 320 acres, along with a perpetual easement for a 200 foot wide right of way, as set forth in Exception #8, #16 and #29. The expansion of U.S. Highway 301 to its current width may have extinguished these easement. The State of Florida also has an easement to maintain a drainage outfall and drainage ditches as set forth in Exception #24.
Title Exception #20: An easement for a 30 foot wide road was granted to West Putnam Enterprises. This road is identified as SE 162nd Avenue and appears to provide access for multiple landowners.
Title Exceptions #30, #31 and #32: The title commitment excepts road rights of way for SE 225th Drive, SE 162nd Avenue and SE 177th Avenue. These all appear to be used by the general public.
Based on current information, County staff believes that none of these title exceptions threaten the County’s ability to protect and manage the property.
A boundary survey, phase I environmental site assessment and updated title commitment will be acquired prior to closing.
Parcels involved: 20012-000-000, 20019-000-000, 20023-000-000, 20045-000-000, 20052-000-000, 20054-000-000, 20055-000-000, 20058-000-000, 20060-000-000, 20061-000-000, 20062-000-000, 20072-005-000, 20126-004-000, 20134-000-000 and 20144-000-000.
Closing transactions would occur once there has been a determination by the County Manager that there are no title, survey or environmental defects that adversely impact the property. Please note Exception #27 currently shows that there is no legal right of access to or from the land, NE1/4 of NE1/4 of Section 27, or northern portion of parcel 20072-005-000. This access issue needs to be resolved prior to closing.
Comp Plan Reference:
Acquiring the Lochloosa Slough - Fox Pen Connector fulfils multiple objectives endorsed within the Alachua County Comprehensive Plan. Specifically, Policy 6.0 Land Conservation Program within the Conservation and Open Space Element, states “Establish and maintain a land conservation program for the purchase, preservation, and management of natural areas and open space to complement the regulatory approaches identified in other section of this element.”