Agenda Item Name:
Title
Santa Fe River - Waldo Tree Farm Option Contract to Purchase Real Property
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Presenter:
Andi Christman / (352) 264-6804
Description:
Staff Requests the Board of County Commissioners (BoCC) approve and exercise the attached Option Contract to Purchase the 160-acre Santa Fe River - Waldo Tree Farm property from Waldo Tree Farm, LLC through the Alachua County Forever program.
The execution of this 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 exercise the Santa Fe River - Waldo Tree Farm Option Contract to purchase Real Property, 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 Contract;
2. Approve the acquisition subject to title exception number 10, as listed in the attached Title Commitment;
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.
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Prior Board Motions:
On September 22, 2020, the BoCC placed Santa Fe River - Waldo Tree Farm property on the Active Acquisition List (Full Price List).
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 of the contract.
Total acquisition cost is $388,800 for the land plus $87,600 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: $388,800 (160 ac x $2,430.00/ac)
• Phase I ESA: $4,600
• Boundary Survey: $62,000
• Boundary Posts & Signs: $1,000
• Attorney’s fees and closing costs: $20,000
• 10% contingency on purchase price & due diligence: $47,640
• TOTAL EXPENDITURE AUTHORITY REQUESTED: $524,040
WSPP - Land Acquisition (Capital Expense)
Fund#: 021.41.4160.537.61.00 - 6194101 Santa Fe River - Waldo Tree Farm
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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: $923.64 (total) Waldo Tree Farm
Note: Alachua County will purchase 160 acres out of the 198-acre parcel, so taxes from the remaining 44 acres would still be paid if retained by the Waldo Tree Farm, LLC.
Estimated Annual Alachua County Forever Management Costs: $4,066
Estimated Alachua County Initial Improvements: $10,267
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Strategic Guide:Strategic Guide
Environment
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Background:
Staff has negotiated the attached Santa Fe River - Waldo Tree Farm Option Contract to Purchase Real Property (Option), Exhibit 1, and it was executed by the Manager on October 14, 2022. The Option requires transmittal of a signed Notice of Exercise of Option by the BoCC Chair, to the Sellers by November 30, 2022, the date the option period ends. (Exhibit 2)
During the Inspection Period, the County shall have 120 days after the BOCC exercises its Option to conduct all due diligence on the property. The County may exercise its rights to resolve any due diligence matters pursuant to the terms of the contract within those 120 days and to extend the closing date if necessary.
The Waldo Tree Farm property is located northeast of Waldo near the beginning of the Santa Fe River in northeastern Alachua County. It is comprised of one parcel (ACPA Tax Parcel: 16914-000-000) totaling 198 acres that is within Alachua County Forever’s Santa Fe River Project area, the highest scoring Rapid Ecological Project Assessment (REPA). Approximately 45% of the property lies within the Santa Fe River Strategic Ecosystem which was the #1 ranked project in the Alachua County Ecological Inventory (KBN Study). This property is associated with the wetland systems that make up the headwaters and beginning of the Santa Fe River. Approximately 25% of the property is included within the Outstanding Florida Waters of the Santa Fe River System, and 100% of the property is included in the impaired waters in the Altho (Alto) Drainage of the Santa Fe River.
Nearly 50% of the property is wetlands, and the natural community types include floodplain swamp, blackwater stream, dome swamp, mesic flatwoods, and wet flatwoods. All the wetland communities are in excellent to good condition. Since the flatwoods have been converted to pine plantation and were recently harvested, these areas would be restored through, longleaf pine planting and periodic prescribed fire.
The property is bounded by private agricultural properties to the north, west, and south, including Rayonier timberlands to the north. To the east is the Santa Fe Swamp Conservation Area, managed by the Suwannee River Water Management District. The eastern portion of the property is bisected by the CSX Railroad right of way.
Due to the parcel’s connection to the Santa Fe River and its proximity to existing conservation land, the goal of this acquisition is protection, not necessarily public access.
Very few non-native exotic plants were found on the property, with the exception of numerous occurrences of lygodium along the railroad right of way. (Exhibit 3 & 4)
Alachua County’s acquisition would consist of the 160 acres that lie on the west side of the CSX Railroad. The Suwannee River Water Management District is in the early stages of acquiring the 44 acres on the east side of the CSX Railroad.
There are no Permitted Exceptions in the Waldo Tree Farm Option Contract. The current title exception in the Schedule B-II of the title commitment, Exhibit 5, includes #10. The other standard exceptions listed, should be deleted through standard closing documents.
Schedule B-II Exception:
• #10. Easement for ingress, egress and public utilities recorded in Book 1676, Page 2308; re-recorded in Book 1677, Page 1420.
– This is a perpetual, non-exclusive ingress and egress and public utilities easement in favor of the land the county would be purchasing.
– Easement Condition: duty to repair dirt roadway when the County’s road use damages are above and beyond reasonable wear and tear.
The Memo from Salter Feiber, Alachua County’s closing agent, explains the steps taken to address the timber rights cloud on title, created by a clerical error with the legal description in 2001 deed (2390-2621). (Exhibit 8)
Legal access to the Waldo Tree Farm Tract is along a private dirt road leading from US Highway 301. As noted above in Title Exception #10, there is a perpetual ingress and egress easement on the existing private road. This access easement will restrict public access to the property. There are no inholding parcels created through this proposed acquisition.
A boundary survey and phase I environmental assessment are the next steps of due diligence that will be initiated after the Option 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 - Waldo Tree Farm 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.”