TO: The Honorable Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
THROUGH: Michael C. Zito, Deputy County Administrator
Chris Hicks, Assistant County Attorney
Beth Powell, Parks, Recreation & Conservation Director
FROM: Wendy Swindell, Parks, Recreation & Conservation Assistant Director
DATE: September 22, 2025
SUBJECT: Consideration of a Sale Agreement for the Purchase of the 11.74-acre Durrance Place site through the Environmental Lands Acquisition Bond
__________________________________________________________________
BACKGROUND
On March 8, 2022, the County Administrator provided the Indian River County Board of County Commissioners (“BCC”) with a proposed resolution authorizing an Environmental Land Bond Referendum for the November 8, 2022, ballot. Resolution 2022-016 was passed by majority vote. The Resolution calls for a Bond Referendum Election for the issuance of general obligation bonds as follows: “To acquire and permanently preserve environmentally significant lands to restore the Indian River Lagoon, protect water resources, natural areas, wildlife habitat, drinking water resources, and construct public access improvements related thereto, shall Indian River County be authorized to issue general obligation bonds up to $50,000,000, maturing within 20 years from each issuance, not exceeding the legal maximum interest rate, payable from ad valorem taxes, with full public disclosure of all spending through annual independent audits.”
The BCC established the Environmental Land Acquisition Panel (ELAP) as a nine-member group to review information provided during the application process and provide recommendations to the BCC regarding the prioritization of the acquisition of environmentally sensitive lands. The ELAP has held twenty meetings between August of 2023 and September of 2025.
The County’s environmental bond process allows the public to nominate properties for acquisition at any time during the year. Each nomination period is six months, at which time that period closes and nominated properties are ranked by the ELAP. The close of the first ranking period was on
August 31, 2024. Throughout the process, staff and consultants have reached out to landowners to determine which parcels had owners wanting to have their property considered for acquisition through the environmental bond process (“willing sellers”). Owners of parcels nominated by the public were contacted via letter, email and telephone to determine whether the owner was a willing seller. The initial nomination period identified twenty-three nominations with willing sellers. Of these twenty-three nominations, sixteen nominations were submitted as “fee simple” nominations (County purchases the property outright), and seven were nominated as potential conservation easements.
On January 14, 2025, the ELAP met to rank the nominated properties. Following the ELAP ranking, the properties were “Tiered” to prioritize the process of negotiations with landowners. On March 11, 2025, the Board of County Commissioners approved the ELAP Final Ranking and Tiered List of Nominations. At this meeting the Board authorized staff to pursue Tier 1 Ranked Properties for acquisition consistent with the ELAP’s recommendation, including the authority to make conditional offers of purchase and sale subject to approval by the Board of County Commissioners, and in accordance with Florida Statute Section 125.355.
At the March 11, 2025, BCC meeting, the Board authorized staff to move forward with the next steps in the land acquisition process, which include obtaining two independent appraisals for the subject property, and to undertake purchase negotiations with the landowner based on these appraisals.
Durrance Place is a Board approved Tier 1 property. The 11.74-acre property is composed of four parcels located on US Highway 1, and is located approximately 1 mile north of the Wabasso Causeway. The property was part of the extensive citrus operations present in Indian River County prior to the loss of citrus from disease and other factors. The site currently contains fallow grove, disturbed uplands, and wetlands. The environmental conditions on the property are detailed in the report prepared by Water & Air Research, Inc. which is included as Attachment 1.
The following summarizes the parcel information for the Durrance Place property.
|
Parcel |
Size (Acres) |
Owner |
Zoning |
Tax Assessed Value |
|
31392100000005000015.0 |
11.74 |
Palm Bay Joan, LLC |
RM-6 |
$268,745 |
|
Total |
11.74 |
|
|
$268,745 |
The proposed use of the property would be for environmental conservation and passive public recreation. Based on historic land uses in this area, it is presumed that prior to conversion to citrus grove, much of the site was an herbaceous saltmarsh community at lower elevations and pine flatwoods/hammock towards the western limits of the property. Similar to the Jones’ Pier Conservation Area, and in conjunction with the potential acquisition of the adjacent Hale Grove property, the site affords the opportunity to create wetlands that treat lagoon waters, and a variety of recreation opportunities such as nature trails, wetland overlooks, environmental education and volunteer opportunities. The acquisition of land in close proximity to the IRL aligns with the Bond Resolution as there would be many lagoon benefits provided including: (1) eliminating the potential for high intensity development in proximity to sensitive habitat in the IRL; (2) creating habitat adjacent to the IRL for wildlife that would use wetland habitat not present on the existing property; (3) potential for water quality improvement via the treatment of lagoon waters; and (4) a resilient project that may be designed to withstand changing environmental conditions, thereby affording increased protection for the IRL.
Because the property is valued at more than $500,000, County ELPG and the State statutes require that two independent appraisals be obtained to determine an “approved appraised value” for the property. Staff obtained appraisals from Tuttle, Armfield & Wagner Appraisal Research, Inc. (TAW) for $1,119,000 and Boyle & Drake (B&D) for $1,230,000. The appraisals completed by TAW and B&D are included as Attachment 2. The County’s acquisition consultant coordinated with the landowner, and a sale price was negotiated. The owner has executed a contract for sale in the amount of $1,260,000 (Attachment 3), which is $30,000, or 2.4%, above the highest appraisal.
Pursuant to Section 125.355, F.S., once a landowner has accepted and executed a Purchase Agreement the appraisal results and other confidential information may be released via Public Notice. The County completed the Public Notice of the availability for public review of the Durrance Place appraisal on September 7, 2025.
ANALYSIS
When a county exercises its confidentiality right in purchasing real property, Section 125.355, F.S. requires that the County approve the purchase at a public meeting not less than 30 days after the appraisals are released and public notice of the meeting is given. Consideration of the contract agreement at the October 7, 2025, Board meeting meets the requirements of Chapter 125, F.S. The purchase contract for the Durrance Place property is summarized as follows:
Purchaser: Indian River Board of County Commissioners
Seller: Palm Bay Joan LLC by RJS Properties, Inc.
Total Price: $1,260,000
Other Costs: Estimated to be $60,900 (appraisal costs, consultants acquisition fee, due diligence assessments)
Due Diligence: 60 Days from the execution of agreement
Closing: 30 days from end of the due diligence period
The ELAP voted unanimously (8 to 0) to recommend that the Board of County Commissioners approve the purchase of the property under the terms of the sale agreement.
Should the Board approve the purchase contract there is a 60-day due diligence period. The due diligence period includes a thorough review of the property's natural, legal, and financial characteristics to ensure it aligns with conservation goals and regulatory requirements. This work typically includes ordering a detailed title search to confirm ownership and identify any encumbrances; conducting a current survey to delineate boundaries accurately; and completing a Phase I Environmental Site Assessment to identify any hazardous materials or potential contamination, and completion of a baseline report to document current site conditions. Staff will coordinate the completion of a schematic depicting a conceptual (high level) plan for public access improvements that may be completed for the site. At the conclusion of the due diligence period, assuming that no issues are identified that would adversely affect the County’s intended use of the property, the results of the due diligence and the conceptual plan will be presented to the Board for their consideration of the execution of the final purchase agreement.
Should the property be acquired, the County will pursue cost-share reimbursement of bond acquisition funds used for land purchase through a variety of opportunities such as Florida Communities Trust, Florida Forever, Land and Water Conservation Fund, and the Coastal Partner Initiative. The opportunities for grant funding towards public access improvements and restoration of habitat include many State and federal sources, including the Land and Water Conservation Fund, the Indian River Lagoon Council, the Coastal Partner Initiative, and the Florida Inland Navigation District.
BUDGETARY IMPACT
Funds, in the amount of $1,260,000, are budgeted and available in the Land Acquisition Series 2024 Bond/All Land account, number 15514639-066110.
PREVIOUS BOARD ACTIONS
20-1630 06/09/2020 Letter to BCC Re: 2020 Environmental Lands Bond Referendum and Trust for Public Land Report
22-0043 02/01/2022 Presentation from Ken Grudens, Executive Director, Indian River Land Trust, Re: Proposed 2022 Environmental Land Bond Referendum
22-0091 02/01/2022 Proposed 2022 Environmental Land Bond Referendum
22-0194 03/08/2022 Environmental Land Bond Referendum
22-0803 09/20/2022 Updated Draft Environmental Lands Program Guide for the November 2022 Environmental Land Bond Referendum
23-0202 03/07/2023 Indian River County Environmental Bond - Review Committee Selection Process
23-0264 03/28/2023 District #3 Appointee to the Environmental Lands Acquisition Panel (ELAP)
23-0288 04/04/2023 District 4 Appointment to Environmental Lands Acquisition Panel (ELAP)
23-0403 05/16/2023 Appointment of James L. Connaughton ELAP
23-0492 06/06/2023 District #3 Appointee to the Environmental Lands Acquisition Panel (ELAP)
23-0626 07/11/2023 Environmental Lands Acquisition Panel (ELAP)
23-0875 09/26/2023 Award of RFP 2023064 for Ecological Services in Support of the Environmental Land Acquisition Bond Process
23-1155 02/06/2024 Environmental Land Bond - Introduction to the ArcGIS Hub/Dashboard
23-1057 12/12/2023 Environmental Lands Acquisition Panel (ELAP) Recommendation for Finalization of Draft Environmental Lands Program (ELP) Guide
25-0193 02/25/2025 ELAP - District 4 Appointee - Member Resignation & Appointment
25-0319 03/11/2025 ELAP Ranking List of Environmental Lands Acquisition Properties for the Initial Nomination Period
25-0475 04/22/2025 Water & Air Research, Inc. Work Order Number 1, Amendment 2 for Ecological Services in Support of the Environmental Land Acquisition Board
250921 09/23/2025 Status Update Regarding a Purchase Contract - Durrance Place
POTENTIAL FUTURE BOARD ACTIONS
Board consideration to approve the closing documents and associated materials for the purchase of the “Durrance Place” project under the County Environmental Bond Program.
STRATEGIC PLAN ALIGNMENT
Quality of Life
OTHER PLAN ALIGNMENT
N/A
STAFF RECOMMENDATION
. Recommended Action
Staff respectfully recommends that the Board of County Commissioners approve the “Durrance Place” contract agreement, and authorize staff to proceed with due diligence period and close of the purchase.