Agenda Item Name:
Title
Barr Hammock - Carr & McNab Tract Option Contracts 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 Contracts to Purchase the 77.27-acre Barr Hammock properties from the Carr & McNab families through the Alachua County Forever program:
1. Archie F. Carr III (38.06 acres)
2. David Carr, Marjorie Carr, Archie F. Carr III, and Gail S. Carr (33.10 acres)
3. Brian K. McNab (6.11 acres)
The execution of these Contracts 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 Barr Hammock - Carr & McNab Option Contracts 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 Contracts;
2. Approve the acquisition subject to title exceptions numbers 1, 2 and 3, as listed in the attached Title Commitment, subject to the concurrence of the county attorney and of the closing attorney;
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 January 28, 2014, the BoCC placed Barr Hammock - Carr properties on the Active Acquisition List (Full Price List).
On September 28, 2021, the BoCC approved the Barr Hammock - Carr project reconfiguration and placed the Barr Hammock - McNab property on the Active Acquisition List (Full Price List) with the condition that the purchase of said property be contingent on the purchase of the adjacent Carr Family property.
Fiscal Consideration:
Fiscal Consideration
The amount of the option payments is a non-refundable $1,000.00. However, if the options are exercised, the $1,000.00 will be applied to the final purchase price of each contract.
Total acquisition costs are estimated to be $769,999.64 for the land plus $86,595.58 for due diligence and closing services. The basis for these estimates is detailed below.
The final purchase prices shall be based on the final surveyed acreage times the following:
• $12,743.03 per/acre for the Archie Carr F. III ownership,
• $6,797.58 per/acre for the Carr, Carr, Carr & Carr ownership, and
• $9,820.00 per/acre for the McNab ownership.
A precise determination of the acreage in each parcel will be determined after a survey of the property.
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%.
Summary of Estimated Costs:
• Archie Carr F. III Estimated purchase price: $484,999.72 (38.06 ac x $12,743.03/ac)
• Carr, Carr, Carr & Carr Estimated purchase price: $224,999.90 (33.10 ac x $6,797.58/ac)
• McNab Estimated purchase price: $60,000.02 (6.11 ac x $9,820.00/ac)
• Boundary Survey: $24,000
• Survey/Signs & Posts: $1,000
• Phase I ESA: $4,000
• Attorney’s fees and closing costs: $57,595.58
• 10% contingency on purchase price & due diligence: $85,659.52
• TOTAL EXPENDITURE AUTHORITY REQUESTED: $942,254.74
WSPP - Land Acquisition (Capital Expense)
Fund#: 021.41.4160.537.61.00 - 6194101 Barr Hammock - Archie Carr
Fund#: 021.41.4160.537.61.00 - 6194101 Barr Hammock - Carr, Carr, Carr & Carr
Fund#: 021.41.4160.537.61.00 - 6194101 Barr Hammock - McNab
Fund #: 021.41.4160.537.31.00 6184160: WSPP - Gen. Op. & Due Diligence (Operating Expense)
Annual Tax & Assessment Revenue of the Parcels: $1,069.33 (total)
• $148.44 (16851-008-000) Archie Carr F. III
o County would purchase 38.06 acres out of 38.51. Parcel split /carve out road, SE 21st St., & east of road.
• $109.89 (16851-009-000) Carr, Carr, Carr & Carr
o County would purchase 33.10 acres out of 33.52. Carve out road, SE 21st Street.
• $811.00 (16851-002-000) Brian K. McNab
o County would purchase the whole 6.11 acres.
Estimated Annual Alachua County Forever Management Costs: $5,616
Estimated Alachua County Initial Improvements: $ 79,500
(Exhibit 13 & 14)
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Strategic Guide:
Strategic Guide
Environment
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Background:
Staff has negotiated the attached Option Contracts to Purchase Real Property (Option) (Exhibit 1, 3, 5) and they were executed by the Manager on June 13, 2022. The three Option Contracts are contingent upon each other and must be purchased as a collective project, or none. The Option requires transmittal of a signed Notice of Exercise of Option by the BoCC Chair, to the Sellers by August 30, 2022, the date the option periods end. (Exhibit 2, 4, 6)
During the Inspection Period, the County shall have 120 days after the BOCC exercises its Options 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 contracts within those 120 days and to extend the closing date if necessary.
Staff has negotiated the three attached Options (Exhibits 1, 3 & 5) with the advice and review of the Assistant County Attorney, Dave Forziano. If the Options are approved and executed by the Manager, an item will be initiated for the Board to consider the exercise of the Options at the June 28, 2022, BoCC public hearing meeting. The three Option Contracts are contingent upon each other and must be purchased as a collective project, or none. The Barr Hammock - Carr and McNab Option Contracts require transmittal of a signed Notice of Exercise of Option by the BoCC Chair, to the Sellers by August 30, 2022 (the date the Option period ends).
These three parcels are contiguous and located just southeast of the town of Micanopy. The goal of these acquisitions is to protect 77 acres of intact hammock that will be part of a corridor connecting the County’s Barr Hammock Preserve and Prices Scrub State Park in Marion County. Members of the Carr family own adjoining properties that connect with Prices Scrub and are willing sellers. Staff continues to work with the family on a title issue resolution of which will be necessary for the County to enter a contract.
In addition, acquiring this land protects a portion of Archie and Marjorie Carr’s legacy land that was documented in Archie Carr’s 1994 book, A Naturist in Florida: A Celebration of Eden, among other writings. Dr. Carr was a professor at the University of Florida who taught in the biology dept and was a co-founder of the Caribbean Conservation Corporations (CCC), protecting sea turtles in Costa Rica. Marjorie Carr was a scientist and environmental activist, co-founding the Alachua Audubon Society and the Florida Defenders of the Environment. Her efforts in the latter, helped stop the construction of the Cross Florida Barge Canal.
The County will have legal access to the properties by virtue of a one-quarter mile of frontage on CR 234. Currently, access to the Carr, Carr, and Carr tract and the McNab tract, as well as additional properties to the south, is dependent on easements over the Carr family properties (commonly known as “SE 21st Street”). The proposed purchases exclude portions of each tract that contain the easement. The current landowners will convey these portions of each tract to an entity created by the Carr family. Additional access for County staff and contractors will be provided by the conveyance of an easement to the County on “SE 21st Street” from the Carr Family Corporation. The conveyance of an easement to the County for normal vehicular and pedestrian use on SE 21st Street (limited to County employees and contractors) is required by the Option Contracts and a draft of the easement is attached as Exhibit E to the Option Contracts. Under the terms of the easement, the County may, but is not required, to maintain or make repairs to the easement.
The Barr Hammock - Archie Carr III parcel is 38.51 acres in size. This property’s northern boundary is along County Road 234 and legal access is obtained through this connection. As noted previously, SE 21st Street is being carved out of the acquisition, so Alachua County will be purchasing approximately 38.06 acres out of the intact parcel footprint. The Archie Carr III purchase consists of one parcel (16851-008-000). (Exhibit 7)
The Barr Hammock - Carr, Carr, Carr & Carr parcel is 33.10 acres in size. As noted previously, SE 21st Street is being carved out of the acquisition, so Alachua County will be purchasing approximately 33.52 acres out of the intact parcel footprint. The Carr, Carr, Carr & Carr purchase consists of one parcel (16851-009-000).
The Barr Hammock - McNab parcel is 6.11 acres in size. The removal of, SE 21st Street does not impact the footprint of this purchase. The McNab purchase consists of one parcel (16851-002-000). (Exhibit 8)
There are no Permitted Exceptions in any of the three Option Contracts. All mineral interests are intact. The attached title commitment (Exhibit 10, 11, 12).
Portions of each of the Carr parcels effected by the easement noted in the title exceptions will be excluded from the transaction. Current exceptions to the title insurance commitment include the following, although several should be removed once SE 21st Street has been surveyed and the deed to transfer the road footprint to the Carr Family Corporation is recorded. Included in the transaction, Alachua County will be granted an access easement of the existing road (SE 21 St.).
• Easement contained in instrument recorded in O.R. Book 833, Page 726, Public Records of Alachua County, Florida.
This is an ingress/egress easement granted to Brian McNab from Archie and Marjorie Carr when he purchased parcel 16851-2. This ingress/easement will transfer to the County when the County purchases the McNab parcel.
• Easements reserved in deed recorded in O.R. Book 2295, Page 378, Public Records of Alachua County, Florida.
These easement reservations are included in this deed to preserve the easements described in OR Book 2295, Page 369 and OR Book 2295, Page 371 - which both describe a 40 foot wide easement. (see below)
• Easement recorded in O.R. Book 2295, Page 369, Public Records of Alachua County, Florida.
This is an easement from the Carr Family Corporation to Marjorie Carr, Thomas Carr, and David Carr to provide access to parcels 16851-8 and 16851-9 which are being purchased by the County.
• Easement recorded in O.R. Book 2295, Page 371, Public Records of Alachua County, Florida.
This is an easement from the Carr Family Corporation to Archie Carr, Stephen Carr, David Carr to provide access to parcels that may be purchased by County at some point in the future.
• Easement for ingress and egress recorded in O.R. Book 4722, Page 2048, Public Records of Alachua County, Florida.
This is an easement from Archie Carr and David Carr to Steven Carr, Linda McCandless and David Car for the ingress & egress private drive to the parcel on which Steven and Linda have a life estate (Parcel 16851-1-1)
A boundary survey and phase I environmental assessment are the next steps of due diligence that will be initiated after the Options are 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 Barr Hammock - Carr & McNab properties 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.”