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File #: 17-5372   
Type: Procedural
In control: City Council A Session
On agenda: 10/12/2017
Posting Language: Consideration of the following two items authorizing the acquisition of conservation easements totaling $1,027.183.15 for 542.13 acres over the Edwards Aquifer Recharge and Contributing Zones: [María Villagómez, Assistant City Manager; Xavier D. Urrutia, Director, Parks and Recreation]
Attachments: 1. Contracts Disclosure Form for Catherine Z. Blackwell - Conservation Easement, 2. Contracts Disclosure Form for James O. Blackwell, Jr. - Conservation Easement, 3. Contracts Disclosure Form for Cathy Leary - Conservation Easement, 4. Contracts Disclosure Form for William A. Germer Conservation Easement, 5. Contracts Disclosure Form for Lawrence L. Germer - Germer Ranch Conservation Easement, 6. Contracts Disclosure Form for Sammi Germer - Conservation Easement, 7. Form 1295 Certificate of Interested Parties - Catherine Blackwell - Blackwel Ranch 10-12-2017, 8. Form 1295 Certificate of Interested Parties - James Odis Blackwell - Blackwel Ranch 10-12-2017, 9. Form 1295 Certificate of Interested Parties - Cathy Leary - Germer Ranch 10-12-2017, 10. Form 1295 Certificate of Interested Parties - William Germer - Germer Ranch 10-12-2017, 11. Form 1295 Certificate of Interested Parties - Lawrence L. Germer - Germer Ranch 10-12-2017, 12. Form 1295 Certificate of Interested Parties - Sammi Germer - Germer Ranch 10-12-2017, 13. Powerpoint for Edwards Aquifer Protection Program - Conservation Easement Acquisition - Blackwell Germer 10-12-2017, 14. Draft Ordinance - A, 15. Draft Ordinance - B
Related files: 17-5630, 17-5631
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DEPARTMENT: Parks and Recreation                     

 

 

DEPARTMENT HEAD: Xavier D. Urrutia

                     

                     

COUNCIL DISTRICTS IMPACTED: City Wide

 

 

SUBJECT:

 

Edwards Aquifer Protection Program - Conservation Easement Acquisitions

 

 

SUMMARY:

 

Consideration of the following ordinances associated with two conservation easements totaling 542.13 acres over the Edwards Aquifer Recharge and Contributing Zones.

 

A)                     An ordinance authorizing payment in the amount of $751,789.35 to Mission Title Company as escrow agent for title on a conservation easement, due diligence and closing costs on a 412.43 acre tract of land known as the Blackwell Ranch located in Uvalde County, Texas.

B)                     An ordinance authorizing payment in the amount of $275,393.80 to Mission Title Company as escrow agent for title on a conservation easement, due diligence and closing costs on a 129.7 acre tract of land known as the Germer Ranch located in Uvalde County, Texas.

 

These ordinances, necessary under the Proposition 1 Edwards Aquifer Protection Venue funding project, also authorize the execution of necessary documents to accomplish said acquisitions.

 

 

BACKGROUND INFORMATION:

 

The purpose of the Edwards Aquifer Protection Program is to obtain property rights by fee simple purchase, conservation easements or donations of land over the sensitive zones of the Edwards Aquifer.  This program was initiated in May 2000 when voters approved Proposition 3, a 1/8-cent sales tax venue up to $45 million for the acquisition of lands over the Edwards Aquifer for parks and watershed protection. Proposition 3 ran from 2000 through 2005 and was limited to Bexar County.

 

The 2005 Proposition 1 program was an extension of the initial voter-approved Edwards Aquifer protection endeavor and was extended by voters in 2010 and renewed again in 2015.  Changes in state legislation allowed watershed protection activities to expand outside of Bexar County.

 

The proposed purchases of conservation easements on the Blackwell Ranch and Germer Ranch tracts are located over the Edwards Aquifer Recharge and Contributing Zones in Uvalde County.  The properties were initially identified through use of the Scientific Evaluation Team’s GIS Spatial Model and subsequent site visits identified favorable recharge features on the properties. The Blackwell Ranch and Germer Ranch tracts are located within the Sabinal River drainage basin which combined with faults, caves and fractures contribute to significant recharge of the Edwards Aquifer. The Edwards Aquifer Authority issued a geological assessment of the properties confirming that preservation would provide both high water quantity and high water quality benefits for the City of San Antonio.

 

The Blackwell Ranch and Germer Ranch are adjacent to each other and contiguous with other Edwards Aquifer protected properties. If approved, inclusion of these properties will increase the total protected lands under the City’s aquifer protection program by approximately 542.13 acres for a total of 148,692 acres.

 

 

ISSUE:

 

A)                     This ordinance authorizes payment in the amount of $751,789.35 to Mission Title Company as escrow agent for title on a conservation easement, due diligence and closing costs on a 412.43-acre tract of land known as the Blackwell Ranch located in Uvalde County, Texas.   

B)                     This ordinance authorizes payment in the amount of $275,393.80 to Mission Title Company as escrow agent for title on a conservation easement, due diligence and closing costs on a 129.7-acre tract of land known as the Germer Ranch located in Uvalde County, Texas.

 

Acquisition of these properties is consistent with policy for implementation of the Proposition 1 Edwards Aquifer Protection Venue Project as approved by voters.  The City Council-appointed Conservation Advisory Board reviewed and recommended the acquisition of these conservation easements at the August 23, 2017, meeting.

 

 

ALTERNATIVES:

 

An alternative would be to defer acquisition until a later date subject to the property owners’ willingness to sell real estate interests and future market conditions. Additionally, other properties could be targeted for acquisition foregoing this conservation easement and losing the high water quality and quantity benefits and the opportunity to protect additional acreage within the Sabinal River watershed.

 

 

FISCAL IMPACT:

 

A)                     This acquisition is a one-time expenditure in the amount of $751,789.35.  Funds for the acquisition of this conservation easement have been appropriated through Proposition 1 of the Edwards Aquifer Protection Sales Tax fund included in the FY 2018 Capital Budget.

B)                     This acquisition is a one-time expenditure in the amount of $275,393.80.  Funds for the acquisition of this conservation easement have been appropriated through Proposition 1 of the Edwards Aquifer Protection Sales Tax fund included in the FY 2018 Capital Budget.

 

 

RECOMMENDATION:

 

Staff recommends approval of these conservation easements.