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Action   3.
Flood Control District Meeting
Board of Supervisors
Meeting Date:
11/05/2013
Title:
Memorandum of Agreement with U.S. Army Garrison, Ft. Huachuca and Upper San Pedro Partnership to purchase 480 acre Three Canyons/Palominas Parcel
Submitted By:
Britt Hanson, County Attorney
Department:
Community Development
Division:
Floodplain
Presentation:
Recommendation:
Document Signatures:
# of ORIGINALS
Submitted for Signature:
1
NAME
of PRESENTER:
TITLE
of PRESENTER:
Mandated Function?:
Source of Mandate
or Basis for Support?:
Docket Number (If applicable):

Information

Agenda Item Text:

Approve a Memorandum of Agreement with the U.S. Army Garrison, Ft. Huachuca and the Upper San Pedro Partnership for the purchase of the 480 acre Three Canyons/Palominas Property and place a conservation easement on the property.

Background:

This Memorandum of Agreement ("MOA") sets forth the basic terms for
financing and acquiring a 480 acre parcel just south of Three Canyons Road
and adjacent to the west side of Palominas Road.

The County, through the Flood Control District, with the U.S. Army Garrison,
Ft. Huachuca, has been working to purchase and place a conservation easement
on this 480 acre parcel for a total purchase price of 2.7 million. The
purpose in purchasing the property is water savings in the Sierra Vista
SubWatershed and water credits that will accrue to Ft. Huachuca. The parcel
has three agricultural wells on it. These wells will be permanently retired
through a conservation easement that will be placed on the parcel concurrent
with the closing of the purchase.

Fort Huachuca currently has a contract with the City of Sierra Vista as the
fiscal agent for the Upper San Pedro Partnership. This contract provides
latitude for funding of projects which result in water credits for Fort
Huachuca. Pursuant to the MOA, the Upper San Pedro Partnership Executive
Committee will provide $2.6 million received from Fort Huachuca as part of
the existing environmental contract and the County agrees to place a
conservation easement on the parcel, including retiring the ag wells. The
conservation easement will allow the County to sell portions of the property
up to 12 times for up to 12 single family dwellings, with water use
restrictions.

This agenda item will be considered in conjunction with agenda items for
approving the purchase agreement and the conservation easement.

Department's Next Steps (if approved):

The closing of the purchase of the 480 acre parcel is scheduled for November 20, 2013.  Working with the title company, the County, Ft. Huchuca, USPP and the City of Sierra Vista (which will hold the conservation easement) will need to coordinate the transfer of funds to the County and execute the conservation easement and other closing documents.

Impact of NOT Approving/Alternatives:

A chance to conserve water, and for Ft. Huachuca to gain significant water credits, will be lost.

To BOS Staff: Document Disposition/Follow-Up:

Have the Chair sign the MOA and send signed copies to Dan Haws, attorney for Ft. Huachuca, and to the Upper San Pedro Partnership.

Fiscal Impact

Fiscal Year:
13/14
One-time Fixed Costs? ($$$):
100,000
Ongoing Costs? ($$$):
0
County Match Required? ($$$):
0
A-87 Overhead Amt? (Co. Cost Allocation $$$):
0
Source of Funding?:
same

Fiscal Impact & Funding Sources (if known):

n/a

Attachments