Kendall County approves conservation easement for Evans property after public concerns; approval contingent on clarified ownership

The Kendall County Commissioners Court voted 5-0 May 13 to approve a conservation easement on 50.01 acres at 25 Spring Creek Road in Boerne, using Proposition A funds, but made the approval contingent on the termination of an existing partnership so the deed shows full ownership by Carolyn Chipman Evans.

Members of the public raised concerns during a public hearing that the easement application listed 50.01 acres while county appraisal records showed Mrs. Evans owned only five acres and the remaining acreage was owned by a family partnership. Resident Michael Ethridge urged the court to reject or table the item, saying the application had “red flags” including an apparent payment to the landowner and Evans’s prior leadership roles with the land trust handling the easement.

Prop A committee representative Michael Busby said the partnership was created for estate planning, is in the process of being dissolved, and the trust company will not close the easement until title is in Mrs. Evans’s name. “The county is merely making a donation of property funds to facilitate a conservation easement between the property owner and the trust company,” Busby said, describing the requested $50,000 as the county’s contribution toward conserving a tract he said is worth far more and is at risk of development.

Commissioners asked whether the Prop A committee had voted in favor; Busby said the committee approved the proposal with a single dissenter. Several commissioners said they wanted ownership and title questions verified before final closing. The court then closed the public hearing and later returned to take action: the judge moved to approve the purchase of the conservation easement “contingent upon the dissolution of the partnership regarding the 45 acres and proof of her full ownership thereafter of the full 50 acres.” Commissioner Chapman seconded the motion and the court recorded a 5-0 approval.

The court’s motion and the accompanying staff comments make clear the county will not fund a closing until title work shows Mrs. Evans holds the full 50 acres in her name. Commissioners also discussed the larger goal of creating a conservation corridor north of downtown Boerne and noted previous county payments for other easements under Proposition A.

The county will bring the final closing documents back for the title verification required by the court’s condition before the easement is recorded.