Action 5.
Flood Control District Meeting
Community Development
- Meeting Date:
- 11/05/2013
- Title:
- Conservation Easement on Three Canyons/Palominas Parcel
- Submitted By:
- Britt Hanson, County Attorney
- Department:
- Community Development
- Division:
- Floodplain
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
1
NAME
of PRESENTER:
of PRESENTER:
Mike Ortega/Britt Hanson
TITLE
of PRESENTER:
of PRESENTER:
County Administrator/Chief Civil Deputy County Attorney
Docket Number (If applicable):
Mandated Function?:
Local Mandate or Policy
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Approve a conservation easement with the City of Sierra Vista on the Three Canyons/Palominas Property.
Background:
This agenda item will be considered in conjunction with the agenda items to purchase the 480 acre Three Canyons/Palominas property and the Memorandum of Understanding with Ft. Huachuca to fund the purchase.
Concurrent with the purchase of the Property, the County will grant the City of Sierra Vista a conservation easement on it. The conservation easement ensures that the water conservation values--especially the retirement of three agricultural wells on the Property--and other conservation values, are maintained in perpetuity. The conservation easement does allow certain uses, such as grazing. It also permits the County to use the Property for water recharge. (Although this Property may some day be useful for recharge, the County currently has interests in two other parcels in the Sierra Vista Subwatershed--the Mansker and Riverstone properties--that have greater recharge possibilities).
The conservation easement also allows the County to sell portions of the Property up to 12 times for up to 12 single family dwellings. For each such sale out, a buyer's building envelope will be restricted to 4 acres and must be approved by the City of Sierra Vista as holder of the conservation easement. Each deed must contain restrictions on water use, as set forth in ¶3.9 of the conservation easement.
Finally, the conservation easement allows the County to use a 50' strip adjacent to Palominas Road as right-of-way in case the County widens Palominas Road.
County environmental consultant Kim Mulhern prepared an easement document report, which documents the current environment state and use of the Property. No significant environmental concerns were noted. The current use is cattle grazing. It is anticipated that for the near future the County will enter into a grazing lease.
Concurrent with the purchase of the Property, the County will grant the City of Sierra Vista a conservation easement on it. The conservation easement ensures that the water conservation values--especially the retirement of three agricultural wells on the Property--and other conservation values, are maintained in perpetuity. The conservation easement does allow certain uses, such as grazing. It also permits the County to use the Property for water recharge. (Although this Property may some day be useful for recharge, the County currently has interests in two other parcels in the Sierra Vista Subwatershed--the Mansker and Riverstone properties--that have greater recharge possibilities).
The conservation easement also allows the County to sell portions of the Property up to 12 times for up to 12 single family dwellings. For each such sale out, a buyer's building envelope will be restricted to 4 acres and must be approved by the City of Sierra Vista as holder of the conservation easement. Each deed must contain restrictions on water use, as set forth in ¶3.9 of the conservation easement.
Finally, the conservation easement allows the County to use a 50' strip adjacent to Palominas Road as right-of-way in case the County widens Palominas Road.
County environmental consultant Kim Mulhern prepared an easement document report, which documents the current environment state and use of the Property. No significant environmental concerns were noted. The current use is cattle grazing. It is anticipated that for the near future the County will enter into a grazing lease.
Department's Next Steps (if approved):
Prepare for the scheduled November 20, 2013 closing.
Impact of NOT Approving/Alternatives:
The County will not assist the Fort with water conservation and credits through a conservation easement.
To BOS Staff: Document Disposition/Follow-Up:
The Chair will sign the Conservation Easement, but not just before the November 20th closing date, then route it to the City of Sierra Vista to sign before the closing date.
Attachments
- Easement Documentation Report
- Exhibits to Easement Documentation Report
- Three Canyons/Palominas Road Conservation Easement
- Changes to Conservation Easement