Agenda Item Name:
Title
Lake Santa Fe - Butler Option Contract to Purchase Real Property
End
Presenter:
Charlie Houder / (352) 264-6804
Description:
Staff Requests the Board of County Commissioners (BoCC) to approve and exercise the attached Option Contract to Purchase the Lake Santa Fe - Butler from the Butler family (± 1.01 acres) 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 Lake Santa Fe - Butler Option Contract to purchase Real Property;
2. Approve the acquisition subject to title exception number 5 (oil/gas/mineral reservations);
3. Authorize staff to execute additional documents as necessary to close the transaction; and
4. Approve the expenditure of funds for due diligence and associated closing costs.
End
Prior Board Motions:
On September 22, 2020, the BoCC placed Lake Santa Fe - Butler 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 $2,525 for the land plus $3,818 for due diligence and closing services. The basis for these estimates is detailed below. The final purchase price will be based on $2,500 per/acre multiplied by the surveyed acreage as defined in the Option Contract to Purchase Real Property.
Section 125.355(1)(b), Florida Statutes, states, “The governing body may, by ordinary vote, exempt a purchase in an amount of $100,000 or less from the requirement for an appraisal.” The Just Value listed by the Property Appraiser is $1,000. The proposed purchase price of $2,500 per acre is the result of negotiation with the seller.
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%.
• Estimated purchase price: $2,525 (1.01 ac x $2,500/ac)
• Phase I ESA-Desktop: $1,446
• Attorney’s fees and closing costs: $2,372
• 10% contingency on purchase price & due diligence: $634
• TOTAL EXPENDITURE AUTHORITY REQUESTED: $6,977
WSPP - Land Acquisition (Capital Expense)
Fund#: 021.41.4160.537.61.00 - 6194101 Lake Santa Fe - Butler & Fund #: 021.41.4160.537.31.00 6184160: WSPP - Gen. Op. & Due Diligence (Operating Expense)
There is sufficient budget in the project for the purchase.
$99.57 :Annual Tax & Assessment Revenue of the Parcel (2020).
$0 :Annual Management Costs
$0 :Initial Improvements
End
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 October 27, 2021.The Option requires transmittal of a signed Notice of Exercise of Option by the BoCC Chair, to the Sellers by November 30, 2021, the date the Option period ends (Exhibit 4). The County shall have 90 days after the BOCC exercises its Option to conduct all inspections and 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 90 days and to extend the closing date if necessary.
The Lake Santa Fe - Butler parcel is 1.01 acres in size and is generally located in northeastern Alachua County, on the eastern edge of the City of Waldo. The Butler parcel is considered an inholding between Alachua County’s Lake Alto Preserve - Padgett Tract and the Suwannee River Water Management District’s, Santa Fe Swamp Conservation Area. The Butler parcel number is (16993-002-000). The primary goal for this acquisition is, securing the inholding parcel, buffer Lake Alto and the protection of the headwaters of the Santa Fe River. Owning the Butler parcel will allow the management of the Lake Alto Preserve - Padgett Tract much more functional for tasks such as prescribed fire and exotic plant treatment.
Approximately 28 percent of the parcel is included in the Outstanding Florida Waters boundary. This property is forested in a mesic flatwoods natural community consisting of saw palmetto, gall berry and fetterbush. The tree canopy includes, bay trees, variety of oaks, slash and loblolly pine. The condition of this community good, and the habitat will benefit greatly from prescribed fire. (Exhibit 2).
There is no legal access or ingress/egress easement to the Butler parcel, but Alachua County Forever management staff will gain access through the adjacent Lake Alto Preserve - Padgett Tract from the south.
The current title insurance commitment includes one non-standard exception (Exception #5): for Oil, gas, mineral, or other reservations as set forth in deed by A. W. Weisner and W. P. Harden recorded in Deed Book 309, Page 492, Public Records of Alachua County, Florida, however, the right of entry is barred. (Exhibit 6)
A phase I desktop environmental assessment and updated title commitment 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 Lake Santa Fe - Butler parcel 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.”