Agenda Item Name:
Title
Santa Fe River - Brown Option Contract to Purchase a Conservation Easement
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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 a conservation easement over the 371-acre Santa Fe River - Brown property, from David Brown, through the Alachua County Forever program. The exercise of the Option Contract to Purchase a Conservation Easement 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 - Brown Option Contract to Purchase a Conservation Easement;
2. Accept title exceptions #4, #5 and #6 as described in the Background Section and delegate to the County Manager the decision to evaluate the results of the due diligence and close this transaction;
3. Authorize the County Manager 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 August 8, 2006, the BoCC placed Santa Fe River - 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 contract price.
Total Conservation Easement acquisition costs are estimated to be $445,200 for the land plus $89,007 for due diligence and closing services. The basis for these estimates is detailed below. The final purchase price will be based on $1,200.00 per acre multiplied by the surveyed acreage as defined in the Option Contract. A precise determination of the Santa Fe River - Brown property’s 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%.
Summary of Estimated Costs:
• Estimated purchase price: $445,200 (371 ac x $1,200.00/ac)
• Boundary Survey & boundary marking: $58,195
• Exterior boundary CE Zone & Interior Preservation Zone signs & posts purchase: $3,300
• Phase I ESA: $4,741
• Baseline Document Report & Preservation Zone sign installation: $14,254
• Attorney’s fees and closing costs: $8,517
• 10% contingency on purchase price & due diligence: $53,421
• TOTAL EXPENDITURE AUTHORITY REQUESTED: $587,628
WSPP - Land Acquisition (Capital Expense)
021.41.4160.537.61.00 - 6194101 Santa Fe River - Brown &
021.41.4160.537.31.00 - 6184160: WSPP - Gen. Op. & Due Diligence
The County is not purchasing the land, but is purchasing the conservation easement on the land. The landowner will continue to pay Alachua County property tax after the conservation easement is conveyed. Under Section 196.26, Florida Statutes, land dedicated in perpetuity for conservation purposes but used for commercial purposes (e.g., silviculture) is eligible for a 50% exemption from ad valorem taxation.
Annual Alachua County Forever Management Costs (CE Monitoring): $550
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Strategic Guide:
Environment
Background:
Staff has negotiated the attached Option (Exhibit 1) and Conservation Easement (Exhibit 2) and it was executed by the Manager on November 16, 2021. The Option requires transmittal of a signed Notice of Exercise of Option by the BoCC Chair, to the Sellers by January 31, 2022, (i.e., the date the Option period ends), (Exhibit 3)
The Santa Fe River - Brown Tract is 371 acres and is located in northeastern Alachua County. The Brown property has over three-quarters of a mile of frontage along the Santa Fe River to its north, and its southern boundary is along County Road 225. The Brown Tract is also located within the Santa Fe River, Alachua County Forever project area. This project area is Alachua County Forever’s principal focus area within the county. In addition, the property is adjacent to the 236-acre Lundgren Preserve, land donation, to the County.
The Brown Tract consists of three parcels (07595-002-000, 07595-000-000 and 07527-000-000). (Exhibit 4). In 2008, the Brown family purchased two parcels from Rayonier Timber Company and the uplands on the property were managed timber production. Since the Mr. Brown has taken ownership, he has adjusted the forest management to incorporate prescribed fire and the planting of longleaf pine. He intends to continue the conversion from loblolly and slash pine to longleaf pine, and the conservation easement will facilitate this change. In 2018, the Brown family purchased a third parcel that significantly expanded the frontage on the Santa Fe River, making the property a much better candidate for acquisition of a conservation easement.
Currently the property supports a diversity of natural communities, including a major river (Santa Fe), floodplain forest, bottomland forest, wet flatwoods, mesic flatwoods, former upland pine, depression marsh, dome swamp, basin swamp, baygall and seepage streams. Non-native exotic plants on-site are at an extremely low occurrence.
The proposed conservation easement will cover the entire, 371-acres of the Brown property. Along with the Lundgren Preserve, together these lands protect approximately 1.5 miles of the southern side of the Santa Fe River (a designated Outstanding Florida Water).
In essence, the conservation easement extinguishes the future development rights of the land. The terms of the easement also place restrictions on the current use for timber production to provide additional ecological protections.
The overarching “Conservation Values” outlined in the conservation easement will direct the county’s protection of the land into the future. The Brown easement protects sensitive natural areas, such as the Santa Fe River, wetlands and creeks within, Preservation Zones. For example, the Preservation Zone along the Santa Fe River ranges from 200’ to 1,400’ wide. The creek, wetland and more narrow Santa Fe River Preservation Zones also have 50’ buffers that limit the silvicultural activities. The buffers will add to the protections afforded through the compliance with the Florida Forest Service’s “Best Management Practices for Silviculture” and Florida Wildlife Best Management Practices for Silviculture. (Exhibit 5)
There is a one-acre building envelope around the Brown’s pre-existing barn. Limited building and agricultural practices, other than silviculture, will be allowed within the building envelope. Hunting on the property must be in compliance with Florida Law and shall be limited to only deer, turkey and feral hogs.
The Brown Tract has legal access along County Road 225. The three inholding parcels, owned by the Rivard family, also have an access easement on a dirt road through the Brown Tract, to County Road 225.
The attached title insurance commitment (Exhibit 8) list items that would be exceptions to the County’s unencumbered ownership of the Property. The non-standard title exceptions listed are:
Easement(s) in favor of State of Florida set forth in instrument(s) recorded in Official Records Book 268, Page 108. (#4)
Easement(s) in favor of Florida Power & Light Company set forth in instrument(s) recorded in Official Records Book 1523, Page 656, as assigned to the City of Gainesville by instrument recorded in Official Records Book 1575, page 1248 (#5)
In the sale of the property from Terrapointe, LLC, the real estate subsidiary of Rayonier, the seller reserved a royalty interest in any oil, gas, and minerals. This royalty interest does not include the right of access or right to undertake any mining activity. Since the conservation easement prohibits mining this outstanding interest is not considered a concern. Further, this interest does not affect the parcel that includes most of the floodplain along the Santa Fe River. Recorded in O.R. Book 4219, Page 1458, (As to parcel 1 only) Public Records of Alachua County, Florida. (#6)
There is a mortgage on the property, which pursuant to our contract, the Mortgagee’s lien shall be subordinate to the Conservation Easement. The bank will agree to a mortgage subrogation agreement as a closing document.
The baseline documentation report will capture the property’s current condition and a 10-year Conservation Easement Stewardship Plan will be prepared prior to closing.
The boundary survey, baseline documentation report, phase I environmental survey, and the Conservation Easement Stewardship Plan 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, other than #4, #5 and #6 of the title insurance commitment described above.
Comp Plan Reference:
Acquiring the Santa Fe River - Brown Tract 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.”