IOARD O F COUNTY COMM I S SION EI~ S CHIEf ADM INI STRATIVE O Ff-l e ER Keli n fleckn cr Helene [vLlrk ViCl tlf O Cri sr Hillsborougq County Ken Hagan CHIEf- FI NANCIA L ADM INI STRATOR

AJ HigginbOi ~ITl Florida Bonnie M (ise Lesky u s Millcr lr SanJrl L Mu rmon Office of rhe Cou)lry AJminisrraror DFPUT Y COUNTY ADMIN IST RATORS imiddotltrk Sharpe lICI E C lrsys Mi chael S Merrill

S fO n D SlIbdan

February 27 2012

Hassan Halabi Senior Planner The Planning Commission PO Box 1110 Tampa Florida 33601

RE Proposed Land Use ChangeFolio 0515010010 Natural Preservation to Public Quasi-Public Land Use

Dear Mr Halabi

As part of his preparation of a land use change for the subject property Duane Milford of EMK Consultants of Florida Inc has requested that we provide you with a letter responding to the following issues

1 Nature of County Ownership The property that is the subject of this land use amendment was purchased as part of an acquisition through the Environmental Lands Acquisition and Protection Program however it was designated an Acquisition of Convenience in accordance with the applicable ordinance and documented in the attached agenda item This designation means that the property is not restricted to preservation and may be used for other purposes

2 Benefits to Adjacent Park The proposed land use change will coincide with the same land use that is associated with the Vance Vogel Park This will allow for the future expansion of recreational facilities or other public facilities on the subject property as well as the opportunity to pursue publicprivate partnerships for the development ofjoint use facilities (such as one that is currently being discussed with the YMCA) Collocation of these types of facilities creates a synergy that is beneficial to the community through complementary uses and more efficient use of infrastructure

3 Impacts to Surrounding Properties While the current land use (Natural Preservation) does not permit any substantive improvements this is not a practical land use for this property which is wedged between an athletic park and major transportation

Post Offi ce Box 1110 bull Tampa Florid 33601 ww h i li s bo rollg hcollll ryo rg

II _-lUI1tt i Iml t IIIli ( )horJ III 1Il) r l r

Hassan Halabi Senior Planner February 27 2012 Page 2

infrastructure (including an interstate highway) These adjoining uses make it impractical to manage the subject property as natural habitat The proposed land use (Public QuasishyPublic) will benefit the existing park by promoting collocation of facilities and more effective park management Additionally the transportation infrastructure will allow for easier access for the future facilities on the subject property While a portion of the proposed land use abuts private parcels these portions at the north are too narrow to utilize and the additional facilities will be at the south

Please be advised that while it is anticipated that the YMCA will locate a facility at this location the agreement between the County and the YMCA has not been finalized The proposed land use change should not be based on this agreement but should be based on the potential public use (such as recreational facilities) for the property

Please advise if this letter addresses the area of concerns relative to the proposed land use change Thank you for your attention

Sincerely ____--lt - lt Ygt~~lt~1 _ ___ - l_t J~ L~ middot bull ~ c-~ C

Kurt G Gremley Manager Real Estate Services Department (813) 307-1007 (813) 272-5597 FAX grcmlcykhillsborollghcollntyorg

Attachment cc Anthony Haynes Director Real Estate Services Department

Mark Thornton Director Parks Recreation and Conservation Department Thomas Lobby Tampa Bay YMCA Duane Milford EMK Consultants of Florida Inc

G ELAPPPARK PROJECTSDIRBIG BEND YMCADIRHASSAN HALABIDOC

Hassan Halabi Senior Planner February 27 2012 Page 2

infrastructure (including an interstate highway) These adjoining uses make it impractical to manage the subject property as natural habitat The proposed land use (Public QuasishyPublic) will benefit the existing park by promoting collocation of facilities and more effective park management Additionally the transportation infrastructure will allow for easier access for the future facilities on the subject property While a portion of the proposed land use abuts private parcels these portions at the north are too narrow to utilize and the additional facilities will be at the south

Please be advised that while it is anticipated that the YMCA will locate a facility at this location the agreement between the County and the YMCA has not been finalized The proposed land use change should not be based on this agreement but should be based on the potential public use (such as recreational facilities) for the property

Please advise if this letter addresses the area of concerns relative to the proposed land use change Thank you for your attention

Sincerely ____--lt - lt Ygt~~lt~1 _ ___ - l_t J~ L~ middot bull ~ c-~ C

Kurt G Gremley Manager Real Estate Services Department (813) 307-1007 (813) 272-5597 FAX grcmlcykhillsborollghcollntyorg

Attachment cc Anthony Haynes Director Real Estate Services Department

Mark Thornton Director Parks Recreation and Conservation Department Thomas Lobby Tampa Bay YMCA Duane Milford EMK Consultants of Florida Inc

G ELAPPPARK PROJECTSDIRBIG BEND YMCADIRHASSAN HALABIDOC

------------------

Purchase of the Golden Aster Scrub site through the ELAP Program nancial Services

1 Elltate Department CONTACT PERSON Kurt G Gremley

RECOMMENDATION In conjunction with the ELAP Program the Board adopt the resolution and approve the contract with Emile C MarqUardt as Trustee for the purchase of twelve hundred t hix-tyfive (1235) acx-es (more or less) of the Golden Aster Scrub ELAPP site for $3088735 that includes an acreage adjustment factor of $2464 per acre of the Western tract with a maximum increasedecrease of so acres (for a maximum purchase price increasedecrease of S123200) an acreage adjustment factor of ~3252 per acre of the Eastern tract with a maximum increasedecrease of 10 acres (for a maximum purchase price increasedecrease of $32520) dLsmissal of current litigation and a contingency for the County to establish an agreement with the state to sell the Western tract for $1450000 authorize the processing of instruments of conveyance payments of miscellaneous expenses and assoctated clOsing costs (not to exceed $45000) for a maxtmum total cost of $3289455

BOARD OF COUNTY COMMISSIONERS HILLSBOROUGH COUNTY FLORIDA

AGENDA ITEM COVER SHEET

ex NON-CONTROVERSIAL REGULAR

~~~~~~~~~~~

~~~------~~~~~~-------

BACKGROUND SEE ATTlCHMENT A~

[ ) Continued Cost $1289455 IndexSubobject Code

]Affected parties [XjAttachments notified

[X)Not required I None ATTACHMENT A

ACA 1st APPROVAL-~~~t~=-~+--____ JPublic Entity Crime WP Sworn statement SlX COPIES OF

CONrMCT lldvertised

BUD~ RESOLUPON

CONTRA 1S YN A [X1Not Required

LEG~~~~~~~~~___~~~~~~~~__~ ]Backup on file Date in county

Administrators Paper ________________

ACA_~~~Z-Szf__----~=-lY----LfL_ DMiilffisl ~aSijffiijfil~

FISCAL ACA NB Forwarded to (If Budget Amendment) Chief Deputy Olam

-- OCA STAFF ONLY -shyBOARD ACTION

eXJApproved )Di~approved lcontinuedDeferred Until

OTHERSPECIAL INSTRUCTI0NS __________________________________

_____________________________________________________ By ~

~ETING DATE Noyember 16 1994 lGEND CODE n-A--lo Revised 6-12-91) GELAPPAGEtlDADIRGASBRO

f

ATTACHMENT A

BACKGROUND

on September 21 1994 the Board approved the seventh year recommendations of the ELAPP site Selection Committee One of the properties targeted for preservation andor acquisition is known as Golden Aster Scrub and is considered a Class B site This site is located West of Interstate 75 and North of Big Bend Road (See attached maps)

The Real Estate Department was contacted by representatives of the Trust that owns the Property (the beneficiaries are included in the background information) and they expressed an interest in selling all of their property to the County Their ownership is divided by the interstate (the 1177 acres on the west side is encompassed within the project and fifty eight acres on the east side is outside of the project boundary) Because this is a relatively small area and the requirements of the Trust roade it impractical to exclude the eastern portion staff proceed on the basis that the eastern tract would be acquired as an acquisition of convenience

The owners of the property had previously pursued permits to clear vegetation An application was submitted between the time the Comprehensive Plan was approved and the Upland Wildlife Habitat Ordinance was adopted When the county refused to grant the permits in part because the application did not comply with the ordinance the owner initiated litigation The owners were advised that the ELAP Program would not consider a property if there was active litigation involving the county In early 1993 the owners and the county Attorneys Office agreed to hold the lawsuit in abeyance until negotiations through ELAPP were completed or terminated

In an effort to receive state funding for this project the Western portion was nominated to the states Conservation and Recreational Lands (CARL) Program In December 1993 this project was ranked at position forty five and qualifies within the CARL workplan for joint funding (50 from the state) In anticipation of a transaction with the state the appraisal maps and appraisals were completed in accordance with State guidelines Staff proceed to ha~e the property appraised by two independent fee appraisers who valued the property at $2653000 ($2100 per acre for the Western tract and $3150 per acre for the Eastern tract) and $3790000 ($3000 per acre for the western tract and $5000 per acre for the Eastern tract)

After extended negotiations the Real Estate Department reached an agreement to acquire the property for Three Million Eighty Eight Thousand Seven Hundred Thirty Five Dollars ($3088735) which equates to $2501 per acre overall Because of the difference in the size and road frontage of the two tracts the Contract provides

for a separate prorated acreage adjustment The Western tract has an acreage adjustment factor of $2464 per acre with a maximUm increasedecrease of 50 acres (a maximum purchase price increasedecrease of $123200) and the eastern tract has an acreage adjustment factor of $3252 per acre with a maximum increasedecrease of 10 acres (for a maximum purchase price increasedecrease of $32520) The acreage calculations will exclude platted rights of way and maintained rights of way

The Contract is also contingent upon the County establishing an agreement with the State of Florida for the sale of the western property on a cost basis of $2900000 It is anticipated that the county will be reimbursed for half of the purchase price and related acquisition costs This is similar to other joint acquisitions with state agencies The Seller also agrees to execute any additional documents that the state may require for the transaction

The Contract also requires that the Seller execute a Voluntary Dismissal with Prejudice for the existing litigation This will be delivered at closing and will be filed simultaneously with the recording of the deeds Based on the completion of this transaction the Seller acknowledges in the contract that they relinquish all rights regarding any permit litigation or payment trom the Buyer its agents or assigns for any damages or costs The Seller also acknowledges that no portion of the purchase price is associated with the dismissal of the litigation

Additional requirements of the contract inClude that all agricultural leases be terminated prior to or at closing that County staff have the authority to inspect the site during the time of contract and that the county will cooperate with the Seller (and any of the beneficial interests) if they wish to pursue a 1031 Exchange provided it does not increase the countys liability or create additional costs

The County will have the property surveyed to verify the acreage and assure that there are no encroachments and an environmental audit performed to assure that the property is not contaminated A portion of this tract was used for a temporary asphalt plant While there is no evidence that there is contamination from this aclivity and it Was released from further action by the appropriate regulatory agencies it is anticipated that a limited Phase two assessment (monitor wells soil samples etc) will be performed to assure that there is no contamination The County will receive a title insurance policy with only acceptable encumbrances Conveyance will be by Trustees deed

The county will pay for the cost of the survey and the environmental audit These costs are not expected to exceed $45 boo The Seller will pay for the cost of title insurance documentary stamps and recording the deeds of conveyance

2

Conveyance will be by Trustees Deed for all surveyed areas and by Quit Claim Deed for any interest the owner may have in submerged lands and mineral rights retained as a requirement of law

8taff is also recommending that the portion of the Property east of interstate 75 be designated an Acquisition of Convenience in accordance with Ordinance 93-16 A portion of the property is currently being considered for facilities based recreational uses though a final determination has not been made The ELAPP 8ite Selection committee the ELAPP Advisory Committee the Acting Director of Real Estate and the Director of Parks and Recreation recommend approval

~ -~

3

BACKGROUND INFORMATION FOR THE PROPOSED ACQUISITION OF THE GOLDEN ASTER SCRUB SITE THROUGH THE ELAP PROGRAM

A) PROPERTY OWNERSHIP

The property is titled with Emile C Marquardt as Trustee The beneficiaries of this trust and respective interests are

James P Gills and Heather Gills 333n Catholic Charities Diocese of st Petersburg 3333CPo Richard Zinn and susan Zinn as joint tenants

with right of survivorship 8335 Jack Feldman and Barbara Feldman as joint

tenants with right of survivorship 8335 James P Gills MD PA as Trustee

Individual account plan and trust for James P Gills 1667ltY

B) DATE OF ACQUISITION PURCHASE PRICE AND ASSESSED VALUE

This Property has ben held middot in Trust under an agreement established in 1973 and the duties of the Trustee were transferred in January 1991 with no purchase price associated with the conveyance It is currently assessed for $306684 through greenbelt exemption but has a Just Value of $7504760

C) BASIS OF PURCHASE PRICE

According to the appraisal reports the highest an best use for this property is to use the property for agricultural purposes until market demand warranted development of the site for residential purposes The appraisers used comparative sales in their valuation

D) COUNTY ACTIONS EFFECTING THE VALUE OF THE PROPERTY

There have been no zoningsite plan approvals on this property The owner has filed a lawsuit to grant a clearing permit that was previously denied

E) ZoNING AND LAND USE DESIGNATIONS

Zoning Agricultural Rural (AR) Land Use Urban Level One (UL-l)

Urban Level Two (UL-2)

F) IMPACT OF PURCHASE OF ADJOINING LANDS UNDER SAME OWNERSHIP

No adjoining lands under the same ownership

G) APPRAISER INFORMATION

Thomas Crockett MAI Fee $349000 Greg Johnson MAI Fee $500000

NOTE These details are based on the information contained in the appraisal reports and appraisal agreements

ATTACHMENT A

BACKGROUND

on September 21 1994 the Board approved the seventh year recommendations of the ELAPP site Selection Committee One of the properties targeted for preservation andor acquisition is known as Golden Aster Scrub and is considered a Class B site This site is located West of Interstate 75 and North of Big Bend Road (See attached maps)

The Real Estate Department was contacted by representatives of the Trust that owns the Property (the beneficiaries are included in the background information) and they expressed an interest in selling all of their property to the County Their ownership is divided by the interstate (the 1177 acres on the west side is encompassed within the project and fifty eight acres on the east side is outside of the project boundary) Because this is a relatively small area and the requirements of the Trust roade it impractical to exclude the eastern portion staff proceed on the basis that the eastern tract would be acquired as an acquisition of convenience

The owners of the property had previously pursued permits to clear vegetation An application was submitted between the time the Comprehensive Plan was approved and the Upland Wildlife Habitat Ordinance was adopted When the county refused to grant the permits in part because the application did not comply with the ordinance the owner initiated litigation The owners were advised that the ELAP Program would not consider a property if there was active litigation involving the county In early 1993 the owners and the county Attorneys Office agreed to hold the lawsuit in abeyance until negotiations through ELAPP were completed or terminated

In an effort to receive state funding for this project the Western portion was nominated to the states Conservation and Recreational Lands (CARL) Program In December 1993 this project was ranked at position forty five and qualifies within the CARL workplan for joint funding (50 from the state) In anticipation of a transaction with the state the appraisal maps and appraisals were completed in accordance with State guidelines Staff proceed to ha~e the property appraised by two independent fee appraisers who valued the property at $2653000 ($2100 per acre for the Western tract and $3150 per acre for the Eastern tract) and $3790000 ($3000 per acre for the western tract and $5000 per acre for the Eastern tract)

After extended negotiations the Real Estate Department reached an agreement to acquire the property for Three Million Eighty Eight Thousand Seven Hundred Thirty Five Dollars ($3088735) which equates to $2501 per acre overall Because of the difference in the size and road frontage of the two tracts the Contract provides

for a separate prorated acreage adjustment The Western tract has an acreage adjustment factor of $2464 per acre with a maximUm increasedecrease of 50 acres (a maximum purchase price increasedecrease of $123200) and the eastern tract has an acreage adjustment factor of $3252 per acre with a maximum increasedecrease of 10 acres (for a maximum purchase price increasedecrease of $32520) The acreage calculations will exclude platted rights of way and maintained rights of way

The Contract is also contingent upon the County establishing an agreement with the State of Florida for the sale of the western property on a cost basis of $2900000 It is anticipated that the county will be reimbursed for half of the purchase price and related acquisition costs This is similar to other joint acquisitions with state agencies The Seller also agrees to execute any additional documents that the state may require for the transaction

The Contract also requires that the Seller execute a Voluntary Dismissal with Prejudice for the existing litigation This will be delivered at closing and will be filed simultaneously with the recording of the deeds Based on the completion of this transaction the Seller acknowledges in the contract that they relinquish all rights regarding any permit litigation or payment trom the Buyer its agents or assigns for any damages or costs The Seller also acknowledges that no portion of the purchase price is associated with the dismissal of the litigation

Additional requirements of the contract inClude that all agricultural leases be terminated prior to or at closing that County staff have the authority to inspect the site during the time of contract and that the county will cooperate with the Seller (and any of the beneficial interests) if they wish to pursue a 1031 Exchange provided it does not increase the countys liability or create additional costs

The County will have the property surveyed to verify the acreage and assure that there are no encroachments and an environmental audit performed to assure that the property is not contaminated A portion of this tract was used for a temporary asphalt plant While there is no evidence that there is contamination from this aclivity and it Was released from further action by the appropriate regulatory agencies it is anticipated that a limited Phase two assessment (monitor wells soil samples etc) will be performed to assure that there is no contamination The County will receive a title insurance policy with only acceptable encumbrances Conveyance will be by Trustees deed

The county will pay for the cost of the survey and the environmental audit These costs are not expected to exceed $45 boo The Seller will pay for the cost of title insurance documentary stamps and recording the deeds of conveyance

2

Conveyance will be by Trustees Deed for all surveyed areas and by Quit Claim Deed for any interest the owner may have in submerged lands and mineral rights retained as a requirement of law

8taff is also recommending that the portion of the Property east of interstate 75 be designated an Acquisition of Convenience in accordance with Ordinance 93-16 A portion of the property is currently being considered for facilities based recreational uses though a final determination has not been made The ELAPP 8ite Selection committee the ELAPP Advisory Committee the Acting Director of Real Estate and the Director of Parks and Recreation recommend approval

~ -~

3

BACKGROUND INFORMATION FOR THE PROPOSED ACQUISITION OF THE GOLDEN ASTER SCRUB SITE THROUGH THE ELAP PROGRAM

A) PROPERTY OWNERSHIP

The property is titled with Emile C Marquardt as Trustee The beneficiaries of this trust and respective interests are

James P Gills and Heather Gills 333n Catholic Charities Diocese of st Petersburg 3333CPo Richard Zinn and susan Zinn as joint tenants

with right of survivorship 8335 Jack Feldman and Barbara Feldman as joint

tenants with right of survivorship 8335 James P Gills MD PA as Trustee

Individual account plan and trust for James P Gills 1667ltY

B) DATE OF ACQUISITION PURCHASE PRICE AND ASSESSED VALUE

This Property has ben held middot in Trust under an agreement established in 1973 and the duties of the Trustee were transferred in January 1991 with no purchase price associated with the conveyance It is currently assessed for $306684 through greenbelt exemption but has a Just Value of $7504760

C) BASIS OF PURCHASE PRICE

According to the appraisal reports the highest an best use for this property is to use the property for agricultural purposes until market demand warranted development of the site for residential purposes The appraisers used comparative sales in their valuation

D) COUNTY ACTIONS EFFECTING THE VALUE OF THE PROPERTY

There have been no zoningsite plan approvals on this property The owner has filed a lawsuit to grant a clearing permit that was previously denied

E) ZoNING AND LAND USE DESIGNATIONS

Zoning Agricultural Rural (AR) Land Use Urban Level One (UL-l)

Urban Level Two (UL-2)

F) IMPACT OF PURCHASE OF ADJOINING LANDS UNDER SAME OWNERSHIP

No adjoining lands under the same ownership

G) APPRAISER INFORMATION

Thomas Crockett MAI Fee $349000 Greg Johnson MAI Fee $500000

NOTE These details are based on the information contained in the appraisal reports and appraisal agreements

for a separate prorated acreage adjustment The Western tract has an acreage adjustment factor of $2464 per acre with a maximUm increasedecrease of 50 acres (a maximum purchase price increasedecrease of $123200) and the eastern tract has an acreage adjustment factor of $3252 per acre with a maximum increasedecrease of 10 acres (for a maximum purchase price increasedecrease of $32520) The acreage calculations will exclude platted rights of way and maintained rights of way

The Contract is also contingent upon the County establishing an agreement with the State of Florida for the sale of the western property on a cost basis of $2900000 It is anticipated that the county will be reimbursed for half of the purchase price and related acquisition costs This is similar to other joint acquisitions with state agencies The Seller also agrees to execute any additional documents that the state may require for the transaction

The Contract also requires that the Seller execute a Voluntary Dismissal with Prejudice for the existing litigation This will be delivered at closing and will be filed simultaneously with the recording of the deeds Based on the completion of this transaction the Seller acknowledges in the contract that they relinquish all rights regarding any permit litigation or payment trom the Buyer its agents or assigns for any damages or costs The Seller also acknowledges that no portion of the purchase price is associated with the dismissal of the litigation

Additional requirements of the contract inClude that all agricultural leases be terminated prior to or at closing that County staff have the authority to inspect the site during the time of contract and that the county will cooperate with the Seller (and any of the beneficial interests) if they wish to pursue a 1031 Exchange provided it does not increase the countys liability or create additional costs

The County will have the property surveyed to verify the acreage and assure that there are no encroachments and an environmental audit performed to assure that the property is not contaminated A portion of this tract was used for a temporary asphalt plant While there is no evidence that there is contamination from this aclivity and it Was released from further action by the appropriate regulatory agencies it is anticipated that a limited Phase two assessment (monitor wells soil samples etc) will be performed to assure that there is no contamination The County will receive a title insurance policy with only acceptable encumbrances Conveyance will be by Trustees deed

The county will pay for the cost of the survey and the environmental audit These costs are not expected to exceed $45 boo The Seller will pay for the cost of title insurance documentary stamps and recording the deeds of conveyance

2

Conveyance will be by Trustees Deed for all surveyed areas and by Quit Claim Deed for any interest the owner may have in submerged lands and mineral rights retained as a requirement of law

8taff is also recommending that the portion of the Property east of interstate 75 be designated an Acquisition of Convenience in accordance with Ordinance 93-16 A portion of the property is currently being considered for facilities based recreational uses though a final determination has not been made The ELAPP 8ite Selection committee the ELAPP Advisory Committee the Acting Director of Real Estate and the Director of Parks and Recreation recommend approval

~ -~

3

BACKGROUND INFORMATION FOR THE PROPOSED ACQUISITION OF THE GOLDEN ASTER SCRUB SITE THROUGH THE ELAP PROGRAM

A) PROPERTY OWNERSHIP

The property is titled with Emile C Marquardt as Trustee The beneficiaries of this trust and respective interests are

James P Gills and Heather Gills 333n Catholic Charities Diocese of st Petersburg 3333CPo Richard Zinn and susan Zinn as joint tenants

with right of survivorship 8335 Jack Feldman and Barbara Feldman as joint

tenants with right of survivorship 8335 James P Gills MD PA as Trustee

Individual account plan and trust for James P Gills 1667ltY

B) DATE OF ACQUISITION PURCHASE PRICE AND ASSESSED VALUE

This Property has ben held middot in Trust under an agreement established in 1973 and the duties of the Trustee were transferred in January 1991 with no purchase price associated with the conveyance It is currently assessed for $306684 through greenbelt exemption but has a Just Value of $7504760

C) BASIS OF PURCHASE PRICE

According to the appraisal reports the highest an best use for this property is to use the property for agricultural purposes until market demand warranted development of the site for residential purposes The appraisers used comparative sales in their valuation

D) COUNTY ACTIONS EFFECTING THE VALUE OF THE PROPERTY

There have been no zoningsite plan approvals on this property The owner has filed a lawsuit to grant a clearing permit that was previously denied

E) ZoNING AND LAND USE DESIGNATIONS

Zoning Agricultural Rural (AR) Land Use Urban Level One (UL-l)

Urban Level Two (UL-2)

F) IMPACT OF PURCHASE OF ADJOINING LANDS UNDER SAME OWNERSHIP

No adjoining lands under the same ownership

G) APPRAISER INFORMATION

Thomas Crockett MAI Fee $349000 Greg Johnson MAI Fee $500000

NOTE These details are based on the information contained in the appraisal reports and appraisal agreements

Conveyance will be by Trustees Deed for all surveyed areas and by Quit Claim Deed for any interest the owner may have in submerged lands and mineral rights retained as a requirement of law

8taff is also recommending that the portion of the Property east of interstate 75 be designated an Acquisition of Convenience in accordance with Ordinance 93-16 A portion of the property is currently being considered for facilities based recreational uses though a final determination has not been made The ELAPP 8ite Selection committee the ELAPP Advisory Committee the Acting Director of Real Estate and the Director of Parks and Recreation recommend approval

~ -~

3

BACKGROUND INFORMATION FOR THE PROPOSED ACQUISITION OF THE GOLDEN ASTER SCRUB SITE THROUGH THE ELAP PROGRAM

A) PROPERTY OWNERSHIP

The property is titled with Emile C Marquardt as Trustee The beneficiaries of this trust and respective interests are

James P Gills and Heather Gills 333n Catholic Charities Diocese of st Petersburg 3333CPo Richard Zinn and susan Zinn as joint tenants

with right of survivorship 8335 Jack Feldman and Barbara Feldman as joint

tenants with right of survivorship 8335 James P Gills MD PA as Trustee

Individual account plan and trust for James P Gills 1667ltY

B) DATE OF ACQUISITION PURCHASE PRICE AND ASSESSED VALUE

This Property has ben held middot in Trust under an agreement established in 1973 and the duties of the Trustee were transferred in January 1991 with no purchase price associated with the conveyance It is currently assessed for $306684 through greenbelt exemption but has a Just Value of $7504760

C) BASIS OF PURCHASE PRICE

According to the appraisal reports the highest an best use for this property is to use the property for agricultural purposes until market demand warranted development of the site for residential purposes The appraisers used comparative sales in their valuation

D) COUNTY ACTIONS EFFECTING THE VALUE OF THE PROPERTY

There have been no zoningsite plan approvals on this property The owner has filed a lawsuit to grant a clearing permit that was previously denied

E) ZoNING AND LAND USE DESIGNATIONS

Zoning Agricultural Rural (AR) Land Use Urban Level One (UL-l)

Urban Level Two (UL-2)

F) IMPACT OF PURCHASE OF ADJOINING LANDS UNDER SAME OWNERSHIP

No adjoining lands under the same ownership

G) APPRAISER INFORMATION

Thomas Crockett MAI Fee $349000 Greg Johnson MAI Fee $500000

NOTE These details are based on the information contained in the appraisal reports and appraisal agreements

BACKGROUND INFORMATION FOR THE PROPOSED ACQUISITION OF THE GOLDEN ASTER SCRUB SITE THROUGH THE ELAP PROGRAM

A) PROPERTY OWNERSHIP

The property is titled with Emile C Marquardt as Trustee The beneficiaries of this trust and respective interests are

James P Gills and Heather Gills 333n Catholic Charities Diocese of st Petersburg 3333CPo Richard Zinn and susan Zinn as joint tenants

with right of survivorship 8335 Jack Feldman and Barbara Feldman as joint

tenants with right of survivorship 8335 James P Gills MD PA as Trustee

Individual account plan and trust for James P Gills 1667ltY

B) DATE OF ACQUISITION PURCHASE PRICE AND ASSESSED VALUE

This Property has ben held middot in Trust under an agreement established in 1973 and the duties of the Trustee were transferred in January 1991 with no purchase price associated with the conveyance It is currently assessed for $306684 through greenbelt exemption but has a Just Value of $7504760

C) BASIS OF PURCHASE PRICE

According to the appraisal reports the highest an best use for this property is to use the property for agricultural purposes until market demand warranted development of the site for residential purposes The appraisers used comparative sales in their valuation

D) COUNTY ACTIONS EFFECTING THE VALUE OF THE PROPERTY

There have been no zoningsite plan approvals on this property The owner has filed a lawsuit to grant a clearing permit that was previously denied

E) ZoNING AND LAND USE DESIGNATIONS

Zoning Agricultural Rural (AR) Land Use Urban Level One (UL-l)

Urban Level Two (UL-2)

F) IMPACT OF PURCHASE OF ADJOINING LANDS UNDER SAME OWNERSHIP

No adjoining lands under the same ownership

G) APPRAISER INFORMATION

Thomas Crockett MAI Fee $349000 Greg Johnson MAI Fee $500000

NOTE These details are based on the information contained in the appraisal reports and appraisal agreements

GOLDEN ASTER SCRUB

APPROXIMATE SITE AREA 1200 Acres fa AREA AOUIRED -0shy _

OTHER PRESERVATION ~ OTHER PUBLIC LAND - bull PURCHASE PRICE (No Acquisition to Date)

Resolution NO ~94-Q287

A RE80LUTION AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH EMILE C MARQUARDT AS TRUSTEE FOR THB PURCHASE OF PROPERTY THROUGH THE ENVIRONMENTAL LANDS ACQUISITION AND PROTECTION PROGRAM AND AUTHORIZE THE REAL ESTATE DEPARTMENT TO COMPLETE THIS TRANSACTION IN ACCORDANCE WITH THE AGREEMENT

Upon motion by Commissioner Jan Platt and seconded

by Commissioner __-=E~d~T~u~r~a~n 1 the fo~lowing resolution~c~h~ik~_middot___ was

adopted by a vote of 5 to _0___ Commissioner(s)

_ _ ______ ____ _ _ _ _____ voting no

WHEREAS on september 21 1994 the Hillsborough County Board

of county Commissioners approved the recommendations of the

Environmental Lands Acquisition and Protection Program (ELAPP) one

of the sites is known as Golden Aster Scrub and is considered a

Class B site and

WHEREAS Emile C Marquardt as Trustee owns the vast

majority of the site the owner expressed a willingness to sell

their property I the ownership extends beyond the project boundaries

across an interstate due to the requirements of the Trust they

were not in a position to retain this small portion of the

property and

WHEREAS the owners had previously pursued permits from the

county to clear the property the owners initiated a lawsuit

against the County when these permits were not granted the owners

were advised that the ELAP Program would not pursue a property

Where the owner was in litigation against the county the owner

and the County Attorneys Office agreed to hold the lawsuit in

1

abeyance until negotiations through ELAPP were completed or

terminated and

WHEREAS in an effort to receive joint funding the property

was nominated to the states Conservation and Recreational Lands

(CARL) Program in December of 1993 the project was ranked in

position forty five the states Bureau of Land Acquisition has

placed this property in their current workplan as a joint

acquisition where the state provides fifty percent of the

acquisition costs and

WHEREAS staff proceeded to have the property appraised by two

independent fee appraisers who valued the entire property at Two

Million Six Hundred Fifty Three Thousand Dollars ($265300000)

and Three Million Seven Hundred Ninety Thousand Dollars

($379000000) staff has negotiated the purchase of the entire

tract for Three Million Eighty Eight Thousand Seven Hundred Thirty

Five Dollars ($308873500) and

WHEREAS the contract includes a prorated acreage adjustment

of Two Thousand Four Hundred Sixty Four Dollars ($246400) for the

Western tract that is approved for preservation in the CARL Program

and Three Thousand Two Hundred Fifty Two Dollars ($325200) for

the area East of the interstate with specified limits on acreage

adjustments and

WHEREAS the Contract is contingent upon the county

establishing an agreement with the State for the sale of the

Western property on a cost basis of Two Million Nine Hundred

Thousand Dollars ($290000000) with the state to provide fifty

2

Resolution NO ~94-Q287

A RE80LUTION AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH EMILE C MARQUARDT AS TRUSTEE FOR THB PURCHASE OF PROPERTY THROUGH THE ENVIRONMENTAL LANDS ACQUISITION AND PROTECTION PROGRAM AND AUTHORIZE THE REAL ESTATE DEPARTMENT TO COMPLETE THIS TRANSACTION IN ACCORDANCE WITH THE AGREEMENT

Upon motion by Commissioner Jan Platt and seconded

by Commissioner __-=E~d~T~u~r~a~n 1 the fo~lowing resolution~c~h~ik~_middot___ was

adopted by a vote of 5 to _0___ Commissioner(s)

_ _ ______ ____ _ _ _ _____ voting no

WHEREAS on september 21 1994 the Hillsborough County Board

of county Commissioners approved the recommendations of the

Environmental Lands Acquisition and Protection Program (ELAPP) one

of the sites is known as Golden Aster Scrub and is considered a

Class B site and

WHEREAS Emile C Marquardt as Trustee owns the vast

majority of the site the owner expressed a willingness to sell

their property I the ownership extends beyond the project boundaries

across an interstate due to the requirements of the Trust they

were not in a position to retain this small portion of the

property and

WHEREAS the owners had previously pursued permits from the

county to clear the property the owners initiated a lawsuit

against the County when these permits were not granted the owners

were advised that the ELAP Program would not pursue a property

Where the owner was in litigation against the county the owner

and the County Attorneys Office agreed to hold the lawsuit in

1

abeyance until negotiations through ELAPP were completed or

terminated and

WHEREAS in an effort to receive joint funding the property

was nominated to the states Conservation and Recreational Lands

(CARL) Program in December of 1993 the project was ranked in

position forty five the states Bureau of Land Acquisition has

placed this property in their current workplan as a joint

acquisition where the state provides fifty percent of the

acquisition costs and

WHEREAS staff proceeded to have the property appraised by two

independent fee appraisers who valued the entire property at Two

Million Six Hundred Fifty Three Thousand Dollars ($265300000)

and Three Million Seven Hundred Ninety Thousand Dollars

($379000000) staff has negotiated the purchase of the entire

tract for Three Million Eighty Eight Thousand Seven Hundred Thirty

Five Dollars ($308873500) and

WHEREAS the contract includes a prorated acreage adjustment

of Two Thousand Four Hundred Sixty Four Dollars ($246400) for the

Western tract that is approved for preservation in the CARL Program

and Three Thousand Two Hundred Fifty Two Dollars ($325200) for

the area East of the interstate with specified limits on acreage

adjustments and

WHEREAS the Contract is contingent upon the county

establishing an agreement with the State for the sale of the

Western property on a cost basis of Two Million Nine Hundred

Thousand Dollars ($290000000) with the state to provide fifty

2

abeyance until negotiations through ELAPP were completed or

terminated and

WHEREAS in an effort to receive joint funding the property

was nominated to the states Conservation and Recreational Lands

(CARL) Program in December of 1993 the project was ranked in

position forty five the states Bureau of Land Acquisition has

placed this property in their current workplan as a joint

acquisition where the state provides fifty percent of the

acquisition costs and

WHEREAS staff proceeded to have the property appraised by two

independent fee appraisers who valued the entire property at Two

Million Six Hundred Fifty Three Thousand Dollars ($265300000)

and Three Million Seven Hundred Ninety Thousand Dollars

($379000000) staff has negotiated the purchase of the entire

tract for Three Million Eighty Eight Thousand Seven Hundred Thirty

Five Dollars ($308873500) and

WHEREAS the contract includes a prorated acreage adjustment

of Two Thousand Four Hundred Sixty Four Dollars ($246400) for the

Western tract that is approved for preservation in the CARL Program

and Three Thousand Two Hundred Fifty Two Dollars ($325200) for

the area East of the interstate with specified limits on acreage

adjustments and

WHEREAS the Contract is contingent upon the county

establishing an agreement with the State for the sale of the

Western property on a cost basis of Two Million Nine Hundred

Thousand Dollars ($290000000) with the state to provide fifty

2

percent of the funding the contract requires that the Seller

cooperate in the execution of any additional documents required by

the state and

WliEREAS the Contract requires that the Se ller execute a

Voluntary Dismissal with Prejudice for the existing litigation

this dismissal will be delivered at closing and recorded

simultaneously with the deeds of conveyance and

WHEREAS the contract requires that all agricultural leases be

terminated prior to or at closing that County Staff has the

authority in inspect the property after the contract has been

signed by the Seller that the County will cooperate with the

Seller and any beneficial interests if they pursue a 1031

Exchange provided it does not increase the Countys cost or

liability and

WHEREAS the County will have the property surveyed to verify

the acreage and assure that there are no encroachments the County

will receive a environmental audit to verify that the property is

not contaminated with hazardous wastes or other pollutants the

County will receive a title insurance policy with only acceptable

encumbrances conveyance will be by Trustees deed with a Quit

Claim deed on any submerged lands and

WHEREAS the county will pay for the cost of the survey and

environmental audit the Seller will pay the cost of the title

insurance documentary stamps and recording of the deeds

WHEREAS in accordance with ordinance 93-16 staff is

recommending that the portion of the Property East of Interstate 75

3

be designated an Acquisition of Convenience and will be available

for future sale or uses other than preservation

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY

COMMISSIONERS OF HILLSBOROUGH COUNTY PLORIDA AT THEIR REGULAR

DAY ~_________________ 19941MEETING ASSEMBLED THIS ____ OF ____

1 That the Chairman of the Board of County Commissioners is

authorized to execute the attached agreements for the purchase of

property as described therein owned by Emile C Marquardt as

Trustee for $308873500

2 That the portion of the property described in tne contract

that is located East of Interstate 75 is considered to be an

Acquisition of convenience and will be available for other uses

other than preservation or sale to a private party

3 The Real Estate Department is authorized to proceed in

accordance with the terms of the agreement process the necessary

instruments for the conveyance to the county and payments for the

costs associated with the purchase and closing costs not to exceed

$45000 for a total acquisition cost including maximum upward

acreage adjustments not to exceed $3289455

4 This resolution shall be effective upon adoption

4

be designated an Acquisition of Convenience and will be available

for future sale or uses other than preservation

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY

COMMISSIONERS OF HILLSBOROUGH COUNTY PLORIDA AT THEIR REGULAR

DAY ~_________________ 19941MEETING ASSEMBLED THIS ____ OF ____

1 That the Chairman of the Board of County Commissioners is

authorized to execute the attached agreements for the purchase of

property as described therein owned by Emile C Marquardt as

Trustee for $308873500

2 That the portion of the property described in tne contract

that is located East of Interstate 75 is considered to be an

Acquisition of convenience and will be available for other uses

other than preservation or sale to a private party

3 The Real Estate Department is authorized to proceed in

accordance with the terms of the agreement process the necessary

instruments for the conveyance to the county and payments for the

costs associated with the purchase and closing costs not to exceed

$45000 for a total acquisition cost including maximum upward

acreage adjustments not to exceed $3289455

4 This resolution shall be effective upon adoption

4

STATE OF FLORIDA

COUNTY OF HILLSBOROUGH

I RICHARD AXE Clerk of the Circuit Court and Ex-Officio

Clerk of the Board of County Commissioners of Hillsborough County

Florida do hereby certify that the above and foregoing is a true

copy of the Resolution adopted by the Board in its regular meeting

of NovemQer 17 laquo 1994 as the same appears of record in

Minute Book 222 of the Public Records of Hillsborough County

Florida

Witness my hand and official seal this 22nd day of

Novem_h_e_r_____ 1994

AppiOVeQ sa to torm

BY~

RICHARD AKE CLERK OF THE CIRCUIT COURT

5