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File #: 16-3283   
Type: Real Property Acquisition
In control: City Council A Session
On agenda: 6/9/2016
Posting Language: An Ordinance authorizing the acquisition of a conservation easement over the Edwards Aquifer recharge zone on an approximate 4,168 acre tract of land known as the ESS Ranch located in Medina County, Texas from ESS Real Estate, LLC. at a cost of $4,770,008.95 funded from the Proposition 1 Edwards Aquifer Protection Sales Tax Fund. [María Villagómez, Assistant City Manager; Janet A. Martin, Interim Director, Parks and Recreation]
Attachments: 1. ESS Conservation Easement Agreement 6-9-2016, 2. ESS Ranch - Legal Description 6-9-2016, 3. ESS Ranch Property Map Close-up 6-9-2016, 4. ESS Ranch Property Location Map 6-9-2016, 5. Contracts Disclosure Form - Sammy W. Nooner - ESS Real Estate LLC, 6. Contracts Disclosure Form - Sean T. Nooner - ESS Real Estate LLC, 7. Contracts Disclosure Form - Eric Larson - ESS Real Estate LLC, 8. HB1295 Form - ESS Real Estate LLC, 9. Draft Ordinance, 10. Ordinance 2016-06-09-0438
DEPARTMENT: Parks and Recreation


DEPARTMENT HEAD: Janet A. Martin, Interim Director


COUNCIL DISTRICTS IMPACTED: City Wide


SUBJECT:

Edwards Aquifer Protection Program - Conservation Easement Acquisition


SUMMARY:

This ordinance authorizes payment in the amount of $4,770,008.95 to Mission Title, LP as escrow agent for title on a conservation easement, due diligence and closing costs on an approximate 4,168-acre tract of land known as the ESS Ranch located in Medina County, Texas for the Edwards Aquifer Protection Program, a Proposition 1 Edwards Aquifer Protection Venue funded Project. This ordinance also authorizes the execution of necessary documents to accomplish said acquisition under the Proposition 1 Edwards Aquifer Protection Venue Project as approved by voters in November 2010.


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 Proposition 1 program is an extension of the initial voter-approved Edwards Aquifer protection endeavor and was extended by voters in 2010 and renewed again in 2015. Due to a change in the state legislation the scope was narrowed to watershed protection and activities expanded outside of Bexar County.

The proposed purchase of a conservation easement on the ESS Ranch is located over the Recharge Zone in Medina County. This property initially was identified through use of the Scientific Evaluation Team's GIS-Spatial Model and subsequent site visits identified previously undocumented sinkholes and other favorable recharge features on ...

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