Agenda Item Name:
Title
Acceptance of Sell Property Donation on Lake Kanapaha
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Presenter:
Jason Maurer, Parks & Open Space Director
Description:
Provide Direction on Acceptance of Sell Property Donation on Lake Kanapaha
Recommended Action:
Recommended Action
Accept donation and direct staff to pursue legal access
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Prior Board Motions:
March 22, 2022 -
1. Approve Resolution 22-36, accepting the donation of real property from the Sell family for shoreline and habitat protection, subject to the completion of due diligence with the review and approval by the County Manager.
2. Authorize expenditures for title insurance, recording fees, and legal fees necessary to complete the transaction;
3. Authorize the Chair and Manager to execute documents necessary to complete the transaction.
4. Approve budget amendment to reallocate budget into this project for the acquisition of the land and update the corresponding Capital Improvement Plan (the CIP budget document, not the 5 year CIP required s163.3177(3), F.S.).
Fiscal Consideration:
Fiscal Consideration
There is no new fiscal impact at this time.
The property appraiser’s just value for the 11.49-acre portion of the property is $149,370. The original budget for this project is $15,000 paid from Wild Spaces Public Places funding and there is $10,936 available budget remaining. The estimated annual operating costs are $3,000 and will be paid from the Parks & Open Spaces operating budget. Please note the property tax for this parcel is $3,208.38.
Wild Spaces Funding for Environmental Assessment and Closing Costs:
021.41.4100.572.61.00 Project #6224101 - Sell Park at Lake Kanapaha - Purchase - Closing Costs
General Fund for annual operating costs:
001.41.4100.572.xx.xx - 25%
008.41.4100.572.xx.xx - 75%
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Strategic Guide:
Strategic Guide
Environment
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Background:
On March 22, 2022, the Board accepted the Sell family donation for shoreline and habitat protection. While performing due diligence, it was discovered that the property lacks legal access. Therefore, staff is requesting approval to proceed with closing prior to December 31, 2022 and pursue legal access in the future. Having legal access to the property is important for various reasons, not least of which would be to mitigate the County’s liability and risk. This is done by, among other things, installing No Trespassing signs, as well as inspecting and maintaining the property on a reasonable basis. Currently, staff does not know whether it will be able to obtain legal access or, if it can, how much it will cost. We have yet to explore the various options to acquire legal access, which may include, for example, one or more of the following: negotiating the purchase of an access easement, filing a lawsuit to establish a common law access easement, filing a lawsuit to establish a statutory way of necessity access easement, or pursuing eminent domain. In any case, the cost and viability of these options has not yet been fully evaluated.