Agenda Item Name:
Title
Santa Fe River - Bell Partial Assignment of Option Contract to Purchase Real Property
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Presenter:
Andi Christman / (352) 264-6804
Description:
Staff requests the Alachua County Board of County Commissioners (BoCC) approve and exercise the Partial Assignment of Option Contract (Exhibit 1) for 103.22 acres of the attached Alachua Conservation Trust Option Contract (Exhibit 2) for the Santa Fe River - Bell property.
The execution of this Partial Assignment of Option Contract to purchase Real Property, is the final BoCC action on the acquisition of this project.
Recommended Action:
Recommended Action
1. Approve and authorize the Chair to execute the Santa Fe River - Bell Partial Assignment of Option Contract (from Alachua Conservation Trust) to purchase Real Property, conditioned upon receipt of evidence that ACT timely paid the Option Payment and also conditioned upon receipt of evidence that one of the following has occurred: (a) that ACT has timely exercised the Option to Purchase, or (b) that the Seller has extended the Option Period through no earlier than November 9, 2022; and
2. Approve and authorize the following, conditioned upon the County entering into the Partial Assignment of Option Contract:
a. Authorize staff to close subject to title exceptions numbers 6 through 8, as listed in the attached Title Commitment;
b. Authorize staff to execute additional documents as necessary to close the transaction; and
c. Approve the attached budget amendment authorizing the expenditure of funds for due diligence and associated closing costs.
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Prior Board Motions:
On June 28, 2020, the BoCC placed Santa Fe River - Bell property on the Active Acquisition List (Full Price List).
Fiscal Consideration:
Fiscal Consideration
Total acquisition cost is $361,270.00 for the land plus $75,029 for due diligence and closing services. The basis for these estimates is detailed below.
In order to provide sufficient spending authority to cover an unanticipated change in acquisition costs, staff is requesting authorization to expend an amount equal to the estimated acquisition and due diligence costs, plus 10%.
Summary of Estimated Costs
• Purchase price: $361,270.00 (103.22 ac x $3,500.00/ac)
• Phase I ESA: $3,000
• Boundary Survey: $45,000
• Boundary Posts & Signs: $800
• Attorney’s fees and closing costs: $26,229
• 10% contingency on purchase price & due diligence: $43,630
• TOTAL EXPENDITURE AUTHORITY REQUESTED: $479,929
WSPP - Land Acquisition (Capital Expense)
Fund#: 021.41.4160.537.61.00 - 6194101 Santa Fe River - Bell
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Fund #: 021.41.4160.537.31.00 6184160: WSPP - Gen. Op. & Due Diligence (Operating Expense)
• Annual Tax & Assessment Revenue of the Parcels: $4,879.24 (total)
• Estimated Annual Alachua County Forever Management Costs: $3,241
• Estimated Alachua County Initial Improvements: $46,537
(Exhibit 6 & 7)
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Strategic Guide:Strategic Guide
Environment
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Background:
The 128.22-acre Santa Fe River - Bell property was nominated to the Alachua County Forever program on May 6, 2022. The Bell property is comprised of 103.22-acres in Alachua County and 25-acres in Bradford County with the Santa Fe River dividing the two Counties. Since Alachua County can only purchase land in Alachua County, Alachua Conservation Trust (ACT) is serving as a partner in this acquisition in key ways:
1. On September 6, 2022, the seller executed the Option Agreement with ACT (Exhibit 2), to allow rapid response to the opportunity to protect this property, while addressing the fact that the property crosses the County boundary. Since the Bell property is listed on the real estate market and being promoted by realtor, time was of the essence.
2. Through the Partial Assignment of Option Contract (Exhibit 1), Alachua County will purchase 103.22 acres, and ACT will purchase and retain the 25 acres in Bradford County, allowing protection of both sides of the Santa Fe River in this acquisition.
The Inspection Period extends 90 days from the date the buyer(s) send notice of its intent to exercise the option to purchase. During the Inspection Period, the ACT and the County shall the right to conduct all due diligence on the property. The County and ACT may exercise their rights to resolve any due diligence matters pursuant to the terms of the Option Contract within those 90 days and to extend the closing date of January 31, 2023, if necessary.
The Bell property is located north of Waldo and west of US Highway 301 in northeastern Alachua County. The 103.22 acres that Alachua County would purchase is comprised of four parcels (ACPA Tax Parcel: 16905-001-000, 16905-002-001, 16905-002-000 and 16901-001-000) and is within Alachua County Forever’s Santa Fe River Project area, the highest scoring Rapid Ecological Project Assessment (REPA). The property also is located within the Santa Fe River Strategic Ecosystem which was the #1 ranked project in the Alachua County Ecological Inventory (KBN Study). Approximately 48% of the property is included within the Outstanding Florida Waters of the Santa Fe River System.
The Bell property consists of 58 acres of wetlands, and 45 acres of uplands. The natural community types include a major river (Santa Fe River), floodplain forest, dome swamp and mesic flatwoods. All the natural communities are in excellent to good condition. The shallow and braided character of the Santa Fe River through this property is dictated by its close proximity to the headwater swamps of the river. The mesic flatwoods ground cover retains good plant diversity, although the pine canopy was harvested around 2010, so it will require longleaf pine planting and periodic prescribed fire during the restoration process.
The landowner game cameras have documented Florida Black Bear on the property.
On the southeastern portion of the property, along County Road 225, there is a 1.7-acre homesite from the early 1900s. The small residential house is in very poor condition and listed on the Florida Master Site File as a historic structure. If decided appropriate, the structure could be demolished, after appropriate documentation with the State of Florida.
Limited non-native exotic plants were found on the property, with the exception of scattered occurrences of coral ardisia, lygodium, camphor and Chinese tallow trees. (Exhibit 3 & 4)
There are no Permitted Exceptions in the Bell Partial Assignment of Option Contract. The current title exceptions in the title commitment, Exhibit 5, include: (#6, #7 and #8).
Schedule B-II Exceptions:
• #6. Riparian and littoral rights are not insured (As to Parcels 1, 2 and 3)
• #7. Possible right of the public to use the part of the land between the water’s edge and the apparent boundary of the upland parcel that is now, or was formerly, regularly used by the public for recreational purposes. (As to Parcels 1, 2 and 3)
• #8. Any portion of the Land lying waterward of the ordinary high-water mark of the Santa Fe River, and lands accreted thereto. (As to Parcels 1, 2 and 3)
Public use, riparian and littoral rights are not expected to be an issue with the acquisition or management of the property for several reasons. First, Alachua County plans to open the property for public recreation with hiking trails. Second, the shallow and braided nature of the river does not suggest that this portion of the river would be considered Sovereign Submerged Lands by the State of Florida.
Legal access to the Alachua County portion (103.22 acres) of the Bell property that Alachua County is purchasing, is along County Road 225. The 25 acres of the Bell property that ACT is purchasing lacks legal access, as noted in Title Commitment.
A boundary survey and phase I environmental assessment are the next steps of due diligence that will be initiated after the Partial Assignment of Option Contract is Exercised by Alachua County. Closing transactions would occur once there has been a determination by the County Manager that there are no title, survey, or environmental defects.
Comp Plan Reference:
Acquiring the Santa Fe River - Bell property fulfills 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.”