Action 2.
Flood Control District Meeting
Board of Supervisors
- Meeting Date:
- 09/25/2012
- Title:
- Chief Civil Deputy
- Submitted By:
- Britt Hanson, 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:
Karen Riggs and Britt Hanson
TITLE
of PRESENTER:
of PRESENTER:
Community Development Director
Mandated Function?:
Federal or State Mandate
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Docket Number (If applicable):
Information
Agenda Item Text:
Approve Agreement for Purchase and Sale of Real Estate to acquire 285 acre parcel to be used for flood control and recharge and approve a Conservation Easement on said parcel.
Background:
The County Flood Control District, primarily through Karen Riggs, has been seeking to acquire a portion of a 285 acre parcel known as the Mansker Property for flood control and recharge. The County budgeted $130,000 for the acquisition. This purchase is necessary to comply with a requirement of a grant from the Walton Family Foundation, which is funding a study relating to recharge of flood water into the San Pedro aquifer.
The Nature Conservancy (TNC) has acquired the entire 285 acre parcel, using in part money supplied by the United States Army's ACUB program. The purpose of this program is to acquire property or easements to help buffer Army installations, including Fort Huachuca, from interference. The Agreement for Purchase and Sale of Real Estate provides for the County to acquire the parcel from TNC. The County will pay $65,000 for the parcel, which is half the budgeted amount. The County has verbally agreed to use the other $65,000 for purposes relating to recharge.
The purchase of the parcel will be subject to the Conservation Easement, which will be simultaneously executed. The Conservation Easement protects the parcel from development incompatible with the Army ACUB buffering program. It has been reviewed and approved by the Army. The Conservation Easement specifically allows the following development of the parcel:
a) structures for Flood Control and Recharge;
b) a County facility, including a road yard, within a 10 acre building envelope and limited to water use of 1 acre foot/year;
c) re-location of the CARA facility (currently on BLM land), subject to the same building envelope and water use as "b" above;
d) sale of a portion of the property to a private landowner on which to build a residence. Proceeds from any such sale must be used for an ACUB purpose;
e) grazing.
When acquired by the County, the parcel will be subject to an existing grazing lease entered into by TNC with rancher Lee Wood. The lease is for a six month term expiring in January, 2013, with a lease amount of $200/term.
The Nature Conservancy (TNC) has acquired the entire 285 acre parcel, using in part money supplied by the United States Army's ACUB program. The purpose of this program is to acquire property or easements to help buffer Army installations, including Fort Huachuca, from interference. The Agreement for Purchase and Sale of Real Estate provides for the County to acquire the parcel from TNC. The County will pay $65,000 for the parcel, which is half the budgeted amount. The County has verbally agreed to use the other $65,000 for purposes relating to recharge.
The purchase of the parcel will be subject to the Conservation Easement, which will be simultaneously executed. The Conservation Easement protects the parcel from development incompatible with the Army ACUB buffering program. It has been reviewed and approved by the Army. The Conservation Easement specifically allows the following development of the parcel:
a) structures for Flood Control and Recharge;
b) a County facility, including a road yard, within a 10 acre building envelope and limited to water use of 1 acre foot/year;
c) re-location of the CARA facility (currently on BLM land), subject to the same building envelope and water use as "b" above;
d) sale of a portion of the property to a private landowner on which to build a residence. Proceeds from any such sale must be used for an ACUB purpose;
e) grazing.
When acquired by the County, the parcel will be subject to an existing grazing lease entered into by TNC with rancher Lee Wood. The lease is for a six month term expiring in January, 2013, with a lease amount of $200/term.
Department's Next Steps (if approved):
Continue with recharge project. Pay TNC $65,000. Consider renewing grazing lease.
Impact of NOT Approving/Alternatives:
County will lose Walton Family Foundation grant and a chance for flood control and recharge in the area.
To BOS Staff: Document Disposition/Follow-Up:
Have Board Chair execute the Conservation Easement and the Agreement for Purchase and Sale of Real Estate, attested by the Clerk of the Board, through the title company.
Fiscal Impact
- Fiscal Year:
- 2012-13
- One-time Fixed Costs? ($$$):
- 65,000
- Ongoing Costs? ($$$):
- 0
- County Match Required? ($$$):
- 0
- A-87 Overhead Amt? (Co. Cost Allocation $$$):
- 0
- Source of Funding?:
- Flood Control District
Fiscal Impact & Funding Sources (if known):
$65,000 from Flood Control District budget.