Agenda Item Name:
Title
Lake Santa Fe - Brooks 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 Lake Santa Fe - Brooks from F. Lucretia Brooks (± 2.58-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 Lake Santa Fe - Brooks 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 5, 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 October 26, 2021, the BoCC placed Lake Santa Fe - Brooks 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 $11,000 for the land plus $8,997 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: $11,000 (2.58 ac x $4,263.57/ac)
• Phase I ESA: $1,500
• Attorney’s fees and closing costs: $7,497
• 10% contingency on purchase price & due diligence: $2,000
• TOTAL EXPENDITURE AUTHORITY REQUESTED: $21,997
WSPP - Land Acquisition (Capital Expense)
Fund#: 021.41.4160.537.61.00 - 6194101 Lake Santa Fe - Brooks
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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: $806.32 (total)
1. $100.79 (17487-001-019) BROOKS, T W & LUCRETIA
2. $100.79 (17487-001-020) BROOKS, T W & LUCRETIA
3. $100.79 (17487-001-021) BROOKS, T W & LUCRETIA
4. $100.79 (17487-001-022) BROOKS, T W & LUCRETIA
5. $100.79 (17487-001-023) BROOKS, T W & LUCRETIA
6. $100.79 (17487-001-024) BROOKS, T W & LUCRETIA
7. $100.79 (17487-001-025) BROOKS, T W & LUCRETIA
8. $100.79 (17487-001-026) BROOKS, T W & LUCRETIA
Estimated Annual Alachua County Forever Management Costs: $37.50
Estimated Alachua County Initial Improvements: $ 0
(Exhibits 6 & 7)
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Strategic Guide:
Strategic Guide
Environment
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Background:
Staff has negotiated the attached Option Contract to Purchase Real Property (Option) (Exhibit 1) and it was executed by the Manager on August 5, 2022. The Option requires transmittal of a signed Notice of Exercise of Option by the BoCC Chair, to the Sellers by September 15, 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 2.58-acre Brooks ownership consist of eight parcels that are, individually, about 0.32 acres in size (ACPA Tax Parcels: 17487-001-019, 17487-001-020, 17487-001-021, 17487-001-022, 17487-001-023, 17487-001-024, 17487-001-025 and 17487-001-026). The parcels are inholdings for the Lake Alto Preserve - Padgett Tract, which is located along the western shoreline of Lake Alto. The 315-acre Padgett Tract was purchased by Alachua County in November of 2020. The goal of the Brooks acquisition is to acquire this inholding in order to facilitate the land management activities of the Padgett Tract. (Exhibit 4)
In 1971, the Padgett family subdivided a portion of their property for residential development by recording the Pine Island Subdivision Plat which has never been developed and exists only as a “paper plat.” The recorded Pine Island subdivision plat has 36 lots, 10 of which were included in the 2020 Padgett Tract sale to the County. No homes were ever constructed in the subdivision, but a canal was dredged for boat access to Lake Alto via the Waldo Canal. The dredging was halted at some point and the canal was never connected to the Waldo Canal. (Exhibit 5)
After the County’s acquisition of the Brooks lots, the only remaining lots in this plat, totaling approximately 5.8 acres, would be owned by, GW Johnson family heirs, and staff is in contact with them about possible acquisition. In the future, if the County is successful purchasing the Johnson family’s eighteen lots, it’s staff’s intention to formally seek vacation of the plat.
The eight Brooks parcels support good ecological condition mesic flatwoods. The overstory is dominated with a variety of pine tree species and native midstory and ground cover. The canal dug in association with the 1971 plat is along the eastern side of the Brooks parcels. The canal still has shallow open water, but the surrounding banks are fully recolonized with native plants. Very few invasive exotic plant species were found. If purchased, these Brooks parcels will be incorporated into the management of Lake Alto Preserve with negligible financial adjustments. What appears to be a Florida Black Bear claw mark was seen on a red maple tree on the property. (Exhibit 3)
There are no Permitted Exceptions in the Brooks Option Contract. Staff is recommending that the Board agree to take the Property subject to Title Exception #5 listed in Schedule B-II of the attached Title Commitment (Exhibit 6). Title Exception #5 states that the County would be taking ownership of the Property subject to “All matters contained on the Plat of Pine Island Subdivision, as recorded in Plat Book H, Page 60, Public Records of Alachua County, Florida.” The Brooks property shares access with the other lots in the Plat to what is labeled a “canal access easement” on the Pine Island Subdivision plat. This would allow access to Plated, but unconstructed roads and canal by the Johnson family, owner of remaining lots on the Plat. Since the canal in the Plat was never connected to the Waldo Canal, there is no actual functional boat access. The attached title commitment (Exhibit 6) lists items that would be exceptions to the County’s unencumbered ownership of the Property. Staff is recommending that the Board accept Title Exception #5 listed in Schedule B-II. The Option Contract authorizes the County Manager to determine whether to accept any further title exceptions once the County’s due diligence has been completed.
All mineral interests are intact.
Legal access to the Brooks parcels is via the undeveloped, but dedicated roadway depicted on the 1971 Pine Island Subdivision Plat, through the Lake Alto Preserve - Padgett Tract. Although, since Alachua County owns the surrounding land, alternative legal access is also obtained through the Lake Alto Preserve - Padgett Tract.
A boundary survey is not required for this small inholding. A desktop environmental site characterization is the next step 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. If title, survey or environmental defects are discovered, the Option Contract authorizes the County Manager the sole discretion to decide whether to accept said defects or to terminate the Option Contract.
Comp Plan Reference:
Acquiring the Lake Santa Fe - Brooks 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.”