Andi Christman program manager land conservation and management presented the above item.
Biro Conservation Easement Natural Resources:
• Natural Communities:
– Sandhill, xeric hammock, scrub and successional hardwoods
• Located within:
– ¼ mile east of Watermelon Pond ACF Project Area
• Addition to Larger Scale Projects:
– Contributes towards the goal of protecting as much of the Watermelon Pond area as feasible and adds to Alachua County’s southern wildlife corridor.
– The Biro Property is separated by one parcel from the Alachua County-owned Watermelon Pond Preserve - Warny Tract.
Biro Conservation Easement Land Use Zones:
Designated land use zones allow specified uses while also requiring certain conditions or limitations to protect the conservation values of the property.
• Preservation Zone – 84.88 acres (sandhill, xeric hammock, scrub and successional hardwoods, existing dirt roads and utilities)
• Building Envelope – 11 acres (Primary residence of landowner & equestrian barn)
A conservation easement does not include the right of public access.
Biro Conservation Easement Acquisition Land Management Principles:
1. Maintenance, enhancement and ecological restoration of native plant and wildlife habitat.
2. Protection of unique and fragile natural areas and rare species habitats, specifically sandhill, xeric hammock and scrub.
3. Protection and maintenance of natural resource values in avoiding land fragmentation.
4. Protection of open space and the scenic and other distinctive natural characteristics of the landscape.
5. Maintenance of soil health and control of soil erosion.
6. Protection of surface water and ground water quality and recharge to the Floridan Aquifer, wetlands, riparian areas, and specifically Watermelon Pond’s wetland systems.
7. Maintenance of the health of the forest resources.
8. Protection of federal and state listed imperiled species and their habitats.
Biro Conservation Easement Prohibitions:
1. Division, partitioning, lot-splitting, or subdivision in any manner of the Property;
2. Development rights or density credits transferred to any other property;
3. Construction or placing buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground not specifically permitted in the deed;
4. Dumping or placing soil or other substance or material such as landfill or dumping or placing of trash, waste, debris, or unsightly or offensive materials;
5. Removing or destroying trees, shrubs, or other vegetation (excluding exotic invasive species or for ecological restoration), “Removal of Vegetation and Introduction of Exotic Plants” deed sections, or “Conservation Easement Stewardship Plan”;
6. Surface use, except for purposes that permit the land area to remain predominantly in its natural condition;
7. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation;
8. Commercial Water Wells are strictly prohibited on the Protected Property;
9. There shall be no exploration for and extraction of oil, gas, minerals, peat, muck, marl, limestone, lime rock, kaolin, fuller’s earth, phosphate, common clays, gravel, shell, sand, and similar substances, under and by virtue of the authority of a grant or reservation or other form of ownership of or interest in or control over or right to such substances;
10. Obtain a mortgage superior to the priority of the Conservation Easement;
11. Hunting or trapping outside compliance of Florida Laws or beyond, deer, turkey, and feral hogs;
12. Introduce, or allow the intentional introduction or propagation of non-native, exotic plants;
13. Activities that may reasonably be expected to adversely affect state and federally listed, threatened, or endangered species;
14. Introduce, or allow the intentional introduction or propagation of non-native, exotic plants;
15. Storage and application of Fertilizer;
16. Construction of new trails within the Preservation Zone.
Summary of Proposed Biro CE Acquisition:
• Biro Option Contract: No Permitted Exceptions
• Non-standard exceptions the County may permit: Schedule B-II Title Exceptions #5, #6, #7:
- #5. Reservations contained in Deed recorded in Deed Book 138, Page 341, Public Records of Alachua County, Florida.
- #6. Easements contained in instruments recorded in O.R. Book 821, Page 535; O.R. Book 1472, Page 989; O.R. Book 1808, Page 1172 and O.R. Book 1949, Page 2441, Public Records of Alachua County, Florida.
- #7. Declaration of Covenants and Restrictions for Private Road Easement and Maintenance as recorded in O.R. Book 2057, Page 1920, Public Records of Alachua County, Florida.
• Some of the title exceptions may be deleted prior to closing based on additional title examination or the survey.
Summary of Costs Biro Conservation Easement Acquisition:
• Estimated due diligence cost = $48,500
– Boundary survey and signage
– Title insurance
– Baseline Documentation Report
– Phase I ESA
– Attorney’s fees and recording
• Total Expenditure Request: = $448,855.00
– Land cost = $359,550
– Due diligence = $48,500
– 10% contingency = $40,805
• Closing Date: March 2025
Biro Conservation Easement Acquisition Recommendations:
1. Approve and authorize the Chair to:
a) Exercise the Option to Purchase the Watermelon Pond – Biro Conservation Easement pursuant to the Option Contract, 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 Option Contract, and
b) Execute the Watermelon Pond – Biro Conservation Easement Deed in advance of closing;
2. Delegate to the County Manager the authority to determine whether the County will accept the non-permitted title exceptions, #5, #6, #7; and
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.
Commissioner Prizzia, and Chair Alford presented comments.
Commissioner Prizzia moved to approve the following staff recommendations:
- Approve and authorize the Chair to:
- Exercise the Watermelon Pond – Biro Option Contract to purchase a Conservation Easement, 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, and
- Execute the Watermelon Pond – Biro Conservation Easement Deed in advance of closing;
- Approve the acquisition subject to the non-permitted title exceptions, #5, #6, and #7, and to the subject to the concurrence of the county attorney and of the closing attorney;
- Authorize staff to execute additional documents as necessary to close the transaction;
- Approve the attached budget amendment authorizing the expenditure of funds for due diligence and associated closing costs.
2nd Commissioner Chestnut
The motion carried 3-0 with Commissioner Cornell and Commissioner Wheeler absent.