Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use And Solar topic
No spam. Unsubscribe anytime.
Committee approves quitclaim deeds clarifying landfill property covenants for Ameresco solar project
Summary
The committee approved updated quitclaim deeds to clear ambiguous restrictive covenants on two landfill parcels as requested by Ameresco and described how the deeds address a title insurer's concerns; Ameresco representatives described company experience developing solar on closed municipal landfills and noted potential community‑solar models.
Eric Boardman, attorney for Ameresco, told the committee the company seeks clarification of prior deeds for two landfill parcels so a title insurer will issue coverage for a solar project on the sites.
Boardman said the county deeded a north parcel to the city in 1971 and a south parcel in 1974, and that the original deeds included restrictive covenants. A 2023 quitclaim deed extinguished a reverter covenant requiring land to revert to county ownership when it ceased to be used as a landfill, but Boardman said title underwriters have interpreted that 2023 language as ambiguous because it did not explicitly name other covenants — namely a 100‑foot building setback restriction and a screening (fence/landscape) requirement.
To satisfy the title insurer, Ameresco proposed updated quitclaim deeds to clarify that any county interest in the parcels is extinguished and that the identified covenants are not in effect; Boardman described the request as a housekeeping measure to resolve differing title interpretations. Boardman and project engineer Dawn Fisher said Ameresco specializes in brownfield and closed‑landfill solar projects and noted Ameresco has a lease with the city for the landfill parcels.
A county representative confirmed they had discussed the deeds with County Attorney Larson and that Larson agreed with the clarification. Committee members moved to approve the updated quitclaim deeds; the motion passed on a voice vote.
During discussion Ameresco described similar projects elsewhere, including a community solar installation on a closed landfill in Boone County (Belvidere) where the county is a subscriber and receives bill credits. Ameresco suggested the county could consider subscribing to community solar to reduce electricity costs, a step Boardman and Fisher said is straightforward for local governments.
The committee approved the deeds; staff and Ameresco said the action resolves the title insurer’s concern and enables the project to proceed under the parties’ lease and project timeline.
