Agenda Item Name:
Title
Lake Santa Fe - Padgett Tract Option Contract to Purchase Real Property
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Presenter:
Charlie Houder / (352) 264-6804
Description:
Request for the Board of County Commissioners (BoCC) to approve and exercise the Option to purchase the 323.82-acre Lake Santa Fe property from the Padgett family. The approval to exercise this Option is the final BoCC action on the acquisition of this project.
Recommended Action:
Recommended Action
Approve and exercise the Option to purchase the Lake Santa Fe - Padgett Tract, subject to the County’s rights to conduct due diligence inspections and notice Seller of Title Defects and Environmental Defects as set forth in the Option Contract. Authorize and direct County staff to accept the Title Defect consisting of easement rights of ingress and egress for parcels 16994-001-000, 16994-002-000, 16993-002-000 as shown in Exhibit 3 and as presented by staff, and authorize staff to execute additional documents as necessary to close the transaction.
Approve any necessary budget transfers required for the Lake Santa Fe - Padgett Project acquisition.
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Prior Board Motions:
On April 24, 2018, the BoCC placed Lake Santa Fe - Padgett Tract on the Active Acquisition List (Full Price).
Fiscal Consideration:
Fiscal Consideration
The amount of the option payment is a non-refundable $1,000.00. However, if the option is exercised, the $1,000.00 will be applied to the final purchase price.
Total acquisition costs are estimated to be $599,066.97 for the land plus $66,103.10 for due diligence and closing services. The basis for these estimates is detailed below. The final purchase price will be based on $1,946.16 per/acre multiplied by the surveyed acreage as defined in the Option Contract. A precise determination of the Lake Santa Fe - Padgett Tract total acres will not be known until a boundary survey is complete. The acreage of the lake bottom has been excluded in the calculation of the estimated purchase price.
In order to provide sufficient spending authority to cover an unanticipated change in acreage or other acquisition costs, staff is requesting authorization to expend an amount equal to the estimated acquisition costs plus a 10% contingency or $731,687.08
Estimated purchase price: $599,066.97 (307.82ac x $1,946.16/ac)
Survey: $54,280.00
Phase I ESA: $4,325.00
Attorney’s fees and closing costs: $6,923.10
House Inspection: $575.00
10% contingency on purchase price & due diligence: $66,517.01
TOTAL EXPENDITURE AUTHORITY REQUESTED: $731,687.08
WSPP - Land Acquisition (Capital Expense)
Fund#: 021.41.4160.537.61.00 - 6194101 Lake Santa Fe - Padgett
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Background:
On March 22, 2018, the Land Conservation Board (LCB) placed the Lake Santa Fe - Padgett Tract on the Full Price, Priority Pool. The Padgett Tract is 323.82 acres in size and lies on the northwest shore of Lake Alto while sharing its boundary lines with Alachua County’s Lake Alto Preserve, Suwannee River Water Management District’s Santa Fe Swamp Conservation Area and the City of Waldo’s Boat Ramp Park. The Waldo Canal and the adjacent northeast 145th Lane divide the southern of the property. Due to its adjacency to surrounding conservation/recreational lands and surface waters, the Padgett Tract is an important connector. (Exhibit 1) The Padgett Tract consists of six parcels: 16994-000-000, 16994-005-000, 17485-001-000, 17487-000-000, 17487-001-027 and 17061-000-000.
Staff has negotiated the attached Option (Exhibit 2) with the advice and review of the Assistant County Attorney, Dave Forziano.
Parcel 17061-000-000 has a 1,711 square foot residential house located on it. The Alachua County Forever (ACF) program normally excludes structures from its projects, but the owner was unwilling to consider any partial sale of the property. Alachua County Facilities Manager, Steve Wargo, visually inspected the 1955 concrete block house on January 17, 2020 and he felt the structure is in very good condition. In addition, a Florida licensed home inspector will evaluate the structure and the report will be included with the standard project due diligence. Since ACF manages the adjacent 662.19 acre Lake Alto Preserve and has pending acquisition projects in the area, this house could be used as a Preserve monitor’s house through a license agreement for a Florida Fish and Wildlife Conservation Commission (FWC) Law Enforcement Officer or Deputy Sheriff. Staff contacted FWC’s regional director and received a favorable indication of interest in such an arrangement.
Jackie Padgett and her late husband subdivided a portion of their property in 1971 for residential development. The recorded “Pine Island” subdivision has 36 lots, 10 of which are owned by the seller and are included in the sale to the County. Staff are in contact with the two owners of the remaining 26 lots. The subdivision and inholding parcel (16994-003-000) are accessed by a dedicated road that crosses the Padgett property. No homes were ever constructed in the subdivision, but canals were dredged for boat access to Lake Alto. The dredging was halted at some point and the canals were never connected to the Waldo Canal.
The two inholding parcels (16994-001-000 & 16994-002-000) do not currently have recorded legal access. The owners of these parcels are working easement with Jackie Padgett to secure easements prior to a closing with Alachua County. (Exhibit 3)
Parcel 16993-002-000, containing 1.01 acres and owned by Arthur C. and Doris G. Butler, is landlocked and the owners have a potential claim of ingress and egress. There is no existing road or easement, but the shortest route to a public road would cross the Padgett property.
The title commitment shows an exception for a reservation of one-half of the mineral rights over a 40-acre portion of the property. The reservation is contained in a 1954 deed from W. F. Harden, et al to Fred and J.G. Donaldson. The interest is currently being assessed to Harden & Weisner c/o Ruth H. Davis. Due to the lapse of time since the reservation, the current holders of those interests may have lost their right of entry to the property and would effectively have a royalty interest if minerals were ever produced. The scope of the reserved interests will be evaluated during the County’s Inspection Period.
The dominant natural communities on the property are Basin Swamp, Dome Swamp and Clastic Upland Lake in excellent ecological condition. The mesic and wet flatwoods are fire suppressed, but are in good condition. The property contains approximately 300 acres of wetland, of which 232 acres are designated by Alachua County as Strategic Ecosystem. (Exhibit 4)
The Padgett ownership includes approximately 16 acres of lake bottom. It was presumed that this area is below the ordinary high water line of Lake Alto and the appraisers were instructed accordingly. (Exhibit 5) The negotiated purchase price reflected in this option is less than both of the appraisals.
A house inspection, boundary survey and phase I environmental survey are the next steps of due diligence that will be initiated after the Option is Exercised by Alachua County.