Adopt Resolution FCD 12-01 authorizing the acquisition of lands above appraised value for a Flood Control Project in the Willow Lakes area as described therein.

Willow Lakes Unit One is a subdivision created in 1971 and located north of Benson. The subdivision is located within the Pacheco Wash watershed and due to the lack of infrastructure, which today would have been addressed by the developer, this area is prone to flooding.
In 2011 the Board adopted Resolution FCD 11-02 authorizing the acquisition of rights-of-way in order to create a drainage ditch around the subdivision. This location is optimal due to the lack of existing right-of-way within the subdivision and due to the location of existing culverts under Ocotillo Road.

The project would affect four different properties. Rights-of-way have been acquired across one property, staff is working with a realtor regarding a second property, and staff has received counters to the proposed offer from the Lopez family regarding the final two properties.

The Lopez family owns the final two properties which are located on the east side of Willow Lakes. The proposed rights-of-way traversing properties owned by Joanne and Ernesto were appraised at $4,000 (0.80 acres) and $2,600 (0.97 acres) respectively. The difference in the per acre value for these family members was due to the differences in existing development and utilities servicing these two adjoining parcels. The Lopez family is not willing to convey rights-of-way for the project at the appraised value based on the following:
• Their family has owned the land for several generations and they do not want to lose the land especially the mature mesquite trees along the west boundary of their properties.
• They had a previous experience in the 1990’s where the County took land for Ocotillo Road and the drainage ditch to the north of the road. They were forced to go through court to receive compensation for the previous right-of-way interaction with the County.
• Entities from Willow Lakes have cut down and stolen wood from their properties. They have dumped trash and vandalized an older manufactured home on their property. Then the Willow Lakes group reported the trash and vandalized home to Planning and Zoning. The Lopez family underwent stress from the damage, threat of P&Z fines, and considerable expense that Joanne is still paying for in order to have the property cleaned up and restored.
• The project does not benefit the Lopez’s properties as their property is higher. The existing ditch has cut into their property and compromised their fence.

The Lopez family values their property especially the trees which provide a barrier from the residents at Willow Lakes. They would be agreeable to convey an easement under the following conditions:
• Value the properties the same at $10,000 per acre.
• Apply the per acre value at 100% of the property conveyed, not 90% of value based upon easement rights.
• The rights for ditch will only be an easement for future building setback purposes and they realize that they cannot build within the easement.
• They want the wood from their trees that will be cut. Further they want the wood placed on their property in a location they choose.
• The County needs to maintain the fence that will be relocated as part of the project, excepting for any damage that they cause.
• They want it on record that they do not want the County to take any more of their property.

In working with the Lopez family staff was able to reduce right-of-way required, minimize the trees and property which would be affected, and minimize the overall costs of a proposed acquisition. As part of the project crews will be able to meet their request for the cut wood and replace the fence. Further staff can enter into the department’s standard fencing agreement to maintain the fence except for damage caused by the Lopez’s. Staff has informed the Lopez family that it cannot guarantee any future public need on their property. The family understood but wanted their request put on record.

Regarding the acquisition cost, $10,000 per acre at a reduced right-of-way would equate to $6,000 for Joanne and $5,000 for Ernesto. This is an increase of $2,000 and $2,400 respectively over the County’s initial offer. Right-of-way for the project was budgeted for approximately $30,000. Including the costs already incurred plus anticipated future costs the remaining amount within the project right-of-way budget is approximately $9,000. The project right-of-way budget will be increased by $2,000 out of the FCD Right-of-way Acquisition fund to cover anticipated costs.

If approved staff will contact the property owners and title company and acquire the necessary rights-of-way.

If not approved the Board has the option to proceed to condemnation or not acquire the rights-of-way. If rights-of-way are not obtained, the project cannot proceed to properly minimize flows around the Willow Lakes subdivision. If the Board chooses to proceed to condemnation there are required additional costs for revised title and appraisal. At a minimum this initial cost is slightly less than the increase that the Lopez’s have requested. However the minimum cost will increase depending on appraiser involvement in court. Staff does not recommend condemnation as the anticipated cost to condemn will likely exceed the cost of meeting the Lopez’s requests.

Please return a copy of the recorded document(s) to H&F, attn: right-of-way div.