Agenda Item Name:
Title
Lochloosa Creek Flatwoods - Brown Option Contract to Purchase Real Property
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Presenter:
Charlie Houder / (352) 264-6804
Description:
Staff Requests the Board of County Commissioners (BoCC) approve and exercise the attached Option Contract to Purchase the Lochloosa Creek Flatwoods - Brown from the Brown family/Carrie C. Brown Trust (± 609.28-acre) 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 Lochloosa Creek Flatwoods - Brown 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 exceptions numbers 3 through 12, drainage easements in favor of Alachua County;
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 April 9, 2019, the BoCC placed Lochloosa Creek Flatwoods - Brown property on the Active Acquisition List (Full Fee).
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 $1,550,008.32 for the land plus $141,056.25 for due diligence and closing services. The basis for these estimates is detailed below. The final purchase price will be based on $2,544.00 per/acre multiplied by the surveyed acreage as defined in the Option Contract. A precise determination of the Lochloosa Creek Flatwoods - Brown 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 or other acquisition costs, staff is requesting authorization to expend an amount equal to the estimated acquisition and due diligence costs, plus 10%. Any unused funds will remain in Fund 021 for future acquisitions.
Summary of Estimated Costs
• Estimated purchase price: $1,550,008.32 (609.28 ac x $2,544.00/ac)
• Boundary Survey: $120,000
• Survey/Signs & Posts: $2,160
• Phase I ESA: $5,000
• Attorney’s fees and closing costs: $13,896.25
• 10% contingency on purchase price & due diligence: $16,910.65
• TOTAL EXPENDITURE AUTHORITY REQUESTED: $1,707,976.00
WSPP - Land Acquisition (Capital Expense)
Fund#: 021.41.4160.537.61.00 - 6194101 Lochloosa Creek Flatwoods - Brown;
and
Fund #: 021.41.4160.537.31.00 6184160: WSPP - Gen. Op. & Due Diligence (Operating Expense).
Annual Tax & Assessment Revenue of the Parcels: $3,648.53
A portion of these taxes will still be paid by the Brown family after the acquisition, due to the parcel splits that will happen and the family retaining approximately 58 acres with several homes on this land.
Estimated Alachua County Annual Management Costs: $21,379
Estimated Alachua County Initial Improvements: $67,070
(Exhibit 6 & 7)
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Strategic Guide:
Environment
Background:
Staff has negotiated the attached Option Contract to Purchase Real Property (Option) (Exhibit 1) and it was executed by the Manager on February 19, 2022. The Option requires transmittal of a signed Notice of Exercise of Option by the BoCC Chair, to the Sellers by April 22, 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 Lochloosa Creek Flatwoods - Brown Tract is 609.28 acres in size and is generally located on the east side of Alachua County. The Brown property has over three-quarters of a mile of frontage along the Lochloosa Creek and borders County Road 2082. In addition, it is adjacent to the County’s Phifer Additions - Roberts Tract. The Brown Tract consists of two parcels (19870-000-000 and 19873-000-000).
The primary goals for this acquisition are, to fill in a gap within the surrounding conservation lands, contribute towards a developing wildlife corridor on the eastern portion of Alachua County, protect over 2 miles of Lochloosa Creek, part of the Lochloosa Lake Outstanding Florida Water.
This property has a variety of natural communities consisting of basin floodplain swamp along Lochloosa Creek, mesic flatwoods, wet flatwoods, hydric/mesic hammock, upland pine, baygall, basin swamp and depression marsh in good to fair condition. The condition of some of the habitats will benefit greatly from prescribed fire and exotic plant treatment. (Exhibit 3). The property will be incorporated into the County’s Phifer Flatwoods Preserve - Roberts addition land management.
The Brown tract has legal access along County Road 2082, although, due to the numerous wetlands and creek flows crossing the main body of the property, functional county management access is best achieved through multiple access points. To achieve permanent management access, Alachua County has communicated with the adjacent landowner, Weyerhaeuser Company. Since the St. Johns River Water Management District has a conservation easement on the Weyerhaeuser land, the County will work with both parties to secure a formal access easement. Both parties have expressed interest in working with the County on access, after the County closes on the Brown tract. In the meantime, staff has secured a 10-year access easement agreement included in the Option Contract through parcel 19873-000-000.
All mineral interests are intact. The attached title commitment (Exhibit 5) lists items that would be exceptions to the County’s unencumbered ownership of the Property. Title Commitment considerations include the following, permitted exceptions, 3 through 12.
Based on visual inspections by staff, it does not appear that the portion of Lochloosa Creek running through the property has ever been navigable, a prerequisite for any associated lands to be considered sovereign submerged lands. In any event, the survey of the property will address the issue and any lands determined to be below an approximate ordinary high-water line will be excluded from the surveyed acceded used for computation of the final purchase price.
Schedule B-II Title Exceptions (3 -12):
3. Any Owner’s Policy issued pursuant hereto will contain under Schedule B the following exception: Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the Lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands.
4. Any lien provided by County Ordinance or by Chapter 159, F.S., in favor of any city, town, village or port authority, for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality.
5. Riparian and littoral rights are not insured. (as to both parcels)
6. Any portion of the Land created by accretion, avulsion, reliction or artificial means. (as to both parcels)
7. Rights of the United States of America and/or the State of Florida to any portion of said land which has been created by artificial means, and lands accreted thereto. (as to both parcels)
8. The right of the United States Government, in the interest of navigation and commerce, to regulate any portion of the Land that was formerly submerged by navigable waters. (as to both parcels)
9. Rights of others to use that portion of the Land lying within the waters of Lochloosa Creek. (as to both parcels)
10. Any portion of the Land laying waterward of the ordinary high water mark of Lochloosa Creek, and lands accreted thereto. (as to both parcels)
11. Drainage Easement in favor of Alachua County recorded in O.R. Book 171, Page 18, Public Records of Alachua County, Florida
12. Drainage Easement in favor of Alachua County recorded in O.R. Book 171, Page 19, Public Records of Alachua County, Florida
The Brown Option Contract allows the family to harvest approximately 45 acres of planted pine trees prior to closing with Alachua County. The County’s final acquisition footprint will not comprise all of the Brown family’s parcels 19870-000-000 and 19873-000-000 and will exclude approximately 58 acres and all associated structures. (Exhibit 4) The removal of the this timber was considered by the appraisers in developing their opinions of value.
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 Lochloosa Creek Flatwoods - Brown 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.”