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File #: 25-1111    Version: 1
Type: Department Staff Report Status: Agenda Ready
File created: 11/13/2025 In control: Parks, Recreation, and Conservation
On agenda: 12/9/2025 Final action: 12/9/2025
Title: Consideration of a Sale Agreement for the Purchase of the 15.47-acre Osprey Estates site through the Environmental Lands Acquisition Bond
Attachments: 1. Attachment 1_Osprey_Estates_Assessment.pdf, 2. Attachment 2_Osprey_Estates_Appraisals.pdf, 3. Attachment 3_Osprey_Estates_Purchase Sale Agreement.pdf, 4. Attachment 4_ELAP Notice of Intent 10-22-25 Osprey Estates.pdf
Related files: 23-0347, 22-0043, 23-0626, 22-0194, 23-0492, 23-0875, 24-0175, 25-0319, 25-0710, 20-1630, 23-0288, 23-0391, 23-0403, 23-0445, 23-1057, 23-1155, 24-0482, 25-0475, 25-0946, 25-0947, 25-1056, 25-0568, 25-0921, 25-0922, 25-1002, 25-1010, 25-1076, 25-1077

TO:                                                               The Honorable Board of County Commissioners

 

THROUGH:                                          John A. Titkanich, Jr., County Administrator

                    

THROUGH:                                          Michael C. Zito, Deputy County Administrator

                                                                                    Beth Powell, Parks, Recreation, & Conservation Director

 

FROM:                                          Wendy Swindell, Parks, Recreation & Conservation Assistant Director

 

DATE:                                          November 21, 2025

 

SUBJECT:                                          Consideration of a Sale Agreement for the Purchase of the 15.47-acre Osprey Estates 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 one meetings between August of 2023 and October 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.

 

Osprey Estates is a Board approved Tier 1 property. The 15.47-acre property is composed of three parcels located to the south of the Gifford dock on 45th Street, and abuts the Indian River Lagoon (IRL). The property is dominated by wetlands associated with a mosquito impoundment. The environmental report that was prepared by Water & Air Research, Inc. for this site has been included as Attachment 1.

 

The site is zoned R-1AAA (Single Family Residential, and is located in the City of Vero Beach.

 

Chapter V of the Environmental Lands Program Guide (ELPG) describes the factors to be used in the evaluation of nominated properties. During the March 11, 2025, Board meeting staff presented a summary of the evaluation factors for each willing seller property, including the Winter Beach 73rd project. A brief summary of these factors with respect to the potential acquisition of this property is presented below.

 

Evaluation Factor

Project Assessment

Natural Communities

The enhancement of mangrove wetlands would result in high quality habitat with increased biodiversity.

Potential Habitat Value

Habitat restoration and enhancement would provide high quality habitat directly adjacent to the IRL.

Wildlife Corridor or Greenway

The site abuts the Indian River Lagoon and the Indian River Land Trust owns the lands to the south. South of the Land Trust property, the County owns the riverfront lands extending to the south of the Causeway.

Landscape Value

The location adjacent to the Indian River Lagoon and the opportunity to restore and enhance wetland habitat on the property are all beneficial landscape considerations for this site.

Recreational & Educational Value

The potential to create walking trails, boardwalks, a possible kayak launch, and educational programming opportunities are beneficial considerations for this project.

Purchase Need vs. Other Protection Methods

A “No Action” alternative to this site has the potential to result in conversion to residential development based on the current zoning.

Vulnerability

The potential for conversion to residential development exists on the strip of uplands along the IRL. The large extent of wetlands on the property would require extensive mitigation should impacts (through development) be proposed.

Land Management Constraints

Restoration and enhancement of habitats on this property would involve the re-establishment of minor areas of native uplands and the enhancement of mangrove wetlands. Wetland enhancement may include increased hydrologic connection to the IRL and removal of invasive species. This habitat requires minimal land management once established.

Cooperative Acquisition/Potential Grant Opportunities

Given the location adjacent to the Lagoon there are many opportunities for cost share funding for both acquisition and habitat restoration.

Favorable Market Conditions

The site has one owner which resulted in less coordination for acquisition requirements and owner negotiations associated with the sale of the property.

 

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.

 

Because the property is valued at more than $500,000, the County's Environmental Land Program Guide and the State statutes require that two independent appraisals be obtained to determine an “approved appraised value” for the property. Staff obtained appraisals from Clayton, Roper & Marshall (CRM) and Callaway & Price, Inc. (C&P). The appraisals completed by CRM and C&P 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 $1,640,000.00 (Attachment 3).

 

Appraiser

Appraised Value ($)

Approved Appraised Value ($)

Negotiated Price ($)

% of Appraised Value

TAW

$1,530,000

$1,645,000

$1,640,000

99.7%

C&P

&1,645,000

 

 

 

 

Pursuant to Section 125.355, F.S., once a landowner has accepted and executed a Purchase Agreement, 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 Osprey Estates appraisals on October 24, 2025 (Attachment 4). 

 

ANALYSIS

 

When a county exercises its confidentiality right in purchasing real property, Section 125.355, F.S. requires that the county approves the purchase at a public meeting not less than 30 days after the appraisals are released and public notice of the meeting is given. Consistent with Chapter 125, F.S. requirements, this decision will be brought before the Board at the December 9, 2025, BCC meeting.

 

The following summarizes the parcel information for the Osprey Estates property.

 

Parcel

Size (Acres)

Owner

Zoning

Tax Assessed Value

32392400000003000001.0

15.47

Jeffrey A. and Annette J. Maffett

R-1AAA

$97,342.00

32392400000003000001.1

 

Jeffrey A. and Annette J. Maffett

 

$100,014.00

32392400000003000001.2

 

Jeffrey A. and Annette J. Maffett

 

$95,812.00

 

The purchase option contract for this property is summarized as follows:

 

Purchaser:                                          Indian River Board of County Commissioners

Seller:                                                               Jeffrey A. and Annette J. Maffett

Purchase Price:                     $1,640,000.00

Other Costs:                     Estimated to be $94,000 (appraisal costs, consultants acquisition fee, due diligence assessments)

 

If the property is 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.

 

Should the property be acquired, the proposed use of the property would be for environmental conservation and passive public recreation. The property may be enhanced by re-establishment of native uplands and improved reconnection of mangrove wetlands to the IRL. A variety of recreation opportunities such as nature trails, wetland overlooks, environmental education and volunteer opportunities may be established on the property.

 

The acquisition of land adjacent to the IRL aligns with the Bond Resolution as there would be many lagoon benefits provided including: (1) eliminating the potential for development in proximity to sensitive habitat in the IRL; (2) creating habitat adjacent to the IRL for wildlife that would use enhanced mangrove wetlands directly connected to the IRL; (3) potential for water quality improvement via the improved connection between the impoundment and the IRL; and (4) a resilient project that may be designed to withstand changing environmental conditions, thereby affording increased protection for the IRL.

 

BUDGETARY IMPACT

Funds, in the amount of $1,640,000, 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

25-0921                     09/23/2025                     Environmental Lands Acquisition Status Update Regarding a Purchase Contract - Durrance Place

25-0922                     09/23/2025                     Environmental Lands Acquisition Status Update Regarding a Purchase Contract - Hale Grove

25-0946                     10/07/2025                     Consideration of a Sale Agreement for the Purchase of the 21.89 acre Hale Grove site through the Environmental Lands Acquisition Bond

25-0947                     Consideration of a Sale Agreement for the Purchase of the 11.74-acre Durrance Place site through the Environmental Lands Acquisition Bond

25-1002                     10/21/2025                     Environmental Lands Acquisition Status Update Regarding a Purchase Contract - Jungle Trail Island Club Manor

25-1010                     10/21/2025                     Environmental Lands Acquisition Status Update Regarding a Purchase Contract - Winter Beach 73rd

25-1056                     11/04/2025                     Consideration of a Sale Agreement for the Purchase of the 19.6-acre Jungle Trail Island Club Manor site through the Environmental Lands Acquisition Bond

25-1076                     11/04/2025                     Consideration of a Sale Agreement for the Purchase of the 36.99-acre Winter Beach 73rd Site through the Environmental Lands Acquisition Bond

25-1077                     11/04/2025                     ELAP Ranking List of Environmental Lands Acquisition Properties for Nomination Periods 2 & 3                    

 

POTENTIAL FUTURE BOARD ACTIONS

Board consideration to approve purchase of the Osprey Estates project under the County Environmental Bond Program.

 

STRATEGIC PLAN ALIGNMENT

Quality of Life

 

STAFF RECOMMENDATION

. Recommended Action

Staff respectfully recommends that the Board of County Commissioners approve the “Osprey Estates” contract agreement and authorize staff to proceed with due diligence period and close of the purchase.