AGENDA CAPTION:
Title
Consider approval of Resolution 2018-57R, approving an Agreement of Sale with the Trust for Public Land for the City to purchase approximately 151 acres of land for the third and final acquisition out of the Wildenthal Tract at a cost neutral amount of $2,265,368, subject to the award to the City of Federal Grant Funds from the Texas Parks and Wildlife Department for such purchase; authorizing the extension of any federal grant restrictions to the abutting approximately 52 acres acquired in phase two; authorizing the City Manager to execute said agreement and related closing documents on behalf of the City; and declaring an effective date.
Body
Meeting date: April 17, 2018
Department: Community Services Department
Amount & Source of Funding
Funds Required: Cost Neutral
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Fiscal Note:
Prior Council Action:
On February 27, 2015, City Council passed Resolution 2015-20R approving an interlocal agreement and Memorandum of Understanding with Hays County that provides for the City to contribute $500,000 toward the purchase of 110 acres out of a Wildenthal tract (Wildenthal I) from the Trust of Public Land, subject to the county’s conveyance of the property to the City.
On March 7, 2017, City Council passed Resolution 2017-44R approving an agreement of sale with the Trust for Public Land for the City to purchase approximately 50 acres out of the Wildenthal tract (Wildenthal II) in the amount of $632,000. Resolution also authorized a grant application to the U.S. Fish and Wildlife Service for the purchase of the remaining 152 acres known as Wildenthal III in the amount of $2,272,500.
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Goal #2 Beautify & Enhance the Quality of Place
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Master Plan:
Parks, Recreation, & Open Space Master Plan
Background Information:
The City of San Marcos, in conjunction with Scott Parker of the Trust for Public Land, is attempting to purchase the remaining 151 acres out of the Wildenthal tract at the upper end of Purgatory Creek Natural Area. This acquisition would be the third and final phase of acquisitions from the Wildenthals.
The Trust for Public Land, as with previous acquisitions, has contracted directly with the current owners for the purchase of the land with the intention of immediately selling the land to the City. The total purchase price is $2,265,368. As part of the Phase Two acquisition of approximately 52 acres in March of 2017, the City Council authorized staff to apply for federal grant funds from the U.S. Department of the Interior, Fish and Wildlife Service, through the Texas Parks and Wildlife Department, to cover the purchase of this tract.
The federal grant restrictions will include restrictions that are intended to protect habitat for identified endangered species, including the Golden-Cheeked Warbler. Consequently, the uses of the land will be restricted to passive uses such as primitive hiking trails. Uses such as playgrounds, roads or utility infrastructure, that do not enhance the grant purposes would not be allowed.
In connection with the grant funds, the City will be required to contribute the abutting 52 acres acquired in Phase Two as an in-kind match. As a result, any grant restrictions associated with the grant will be extended to the 52 acre tract.
This is the last tract to be added to the Purgatory Creek Natural Area. If purchase is completed the total acreage for the natural area will be approximately 1,065 contiguous acres.
Council Committee, Board/Commission Action:
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Alternatives:
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Recommendation:
Approve Resolution 2018-57R