Action 2.
Flood Control District Meeting
Engineering & Natural Resources
- Meeting Date:
- 09/10/2019
- Title:
- Approve agreement conveying San Ignacio Del Babocomari Parcel No. 106-15-030L from The Nature Conservancy to the Cochise County Flood District
- Submitted By:
- Susana Stark, County Attorney
- Department:
- County Attorney
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
2
NAME
of PRESENTER:
of PRESENTER:
Christine J. Roberts/Jackie Watkins
TITLE
of PRESENTER:
of PRESENTER:
Civil Deputy County Attorney/Director Engineering & Natural Resources
Docket Number (If applicable):
N/A
Mandated Function?:
Federal or State Mandate
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Approve agreement conveying San Ignacio Del Babocomari Parcel Number 106-15-030L from The Nature Conservancy to the Cochise County Flood District, granting a Conservation Easement to The Nature Conservancy and authorize the Board Chair to execute all documents necessary to close the transaction.
Background:
As part of the County’s efforts to recharge available water into the aquifer of the Sierra Vista sub-watershed, and to otherwise assist in water conservation efforts in that sub-watershed, the County has been negotiating with The Nature Conservancy to acquire approximately 104-acre San Ignacio Del Babocomari Parcel Number 106-15-030L. The Agreement to Convey Real Property and Conservation Easement that are the subject of this agenda item will accomplish that. The County will not pay any money for the acquisition.
As with the acquisition of the Palominas, Riverstone and Bella Vista Ranch properties, upon acquisition, the County will grant a Conservation Easement to The Nature Conservancy. One difference is that whereas with the above three properties, the County retained the right to sell a certain number of parcels for use as a residence, the Babocomari Conservation Easement does not give the County any right to sell any part of the property.
Additionally, unlike the other agreement, this Agreement does not have a current grazing lease and lessee. However, the Conservation Easement would allow grazing on the property.
There is legal access to the property. However, in order to gain physical access to the property, the County will need to grade an access road from Ronald Reagan south within existing access easements to reach the northwest corner of the subject property. Existing dirt roads in the area do not follow recorded easements, but the easements exist nearby.
The Nature Conservancy also holds easements on several adjacent properties but does not own the underlying fee. It is anticipated that The Nature Conservancy will acquire these properties, once they have secured funding, and will seek to turn them over to the County.
As with the acquisition of the Palominas, Riverstone and Bella Vista Ranch properties, upon acquisition, the County will grant a Conservation Easement to The Nature Conservancy. One difference is that whereas with the above three properties, the County retained the right to sell a certain number of parcels for use as a residence, the Babocomari Conservation Easement does not give the County any right to sell any part of the property.
Additionally, unlike the other agreement, this Agreement does not have a current grazing lease and lessee. However, the Conservation Easement would allow grazing on the property.
There is legal access to the property. However, in order to gain physical access to the property, the County will need to grade an access road from Ronald Reagan south within existing access easements to reach the northwest corner of the subject property. Existing dirt roads in the area do not follow recorded easements, but the easements exist nearby.
The Nature Conservancy also holds easements on several adjacent properties but does not own the underlying fee. It is anticipated that The Nature Conservancy will acquire these properties, once they have secured funding, and will seek to turn them over to the County.
Department's Next Steps (if approved):
Move towards closing the acquisition.
Impact of NOT Approving/Alternatives:
The County will not have San Ignacio Del Babocomari Parcel Number 106-15-030L available for a recharge project or other allowable uses under the conservation easement.
To BOS Staff: Document Disposition/Follow-Up:
Have the Board Chair sign two originals. Christine Roberts will route them to The Nature Conservancy.