Committee approves resolution to seek release of deed restrictions on Bradford Berry property

The General Committee on April 8 approved Resolution 2025-14, authorizing the mayor to enter into an agreement seeking removal of deed restrictions placed on the Bradford Berry property.

The resolution gives the mayor authority to sign a draft release that would allow the city to ask the holder of the restriction to remove it, but committee members and staff emphasized the approval does not itself remove the restrictions. "Approving this does not mean the deed restrictions are lifted," said Bob Garza, chairman of the General Committee, explaining the vote simply authorizes further negotiation and legal work.

Committee members recited the deed language during the meeting. Karen Gibson read aloud the restriction the committee is seeking to lift: "…the premises shall not be used at any time for residential purposes, outdoor recreational activities, parks or playgrounds, nor shall any part of the premises be used at any time for a child care facility, school, elder care facility, nursing home, or hospital." That language remains in effect until a recorded release is obtained from the entity that placed the restriction.

City staff described the remaining steps before any restriction could be removed. Staff said a Phase II environmental report, which included soil samples, returned results the city described as clean to the satisfaction of the legal counsel the city contacted. Staff also said the city's consultant is preparing a supplemental report and public works has ordered a property survey. In addition, the entity that placed the restriction must be satisfied, and the city must obtain a liability release before a recorded agreement will be acceptable to them.

Committee members noted the restriction was imposed by an outside party and that the party that recorded the restriction—identified in discussion as GE—does not own the property but retains the ability to remove the restriction. Staff cautioned the process could take time because the restriction holder has no direct ownership interest and therefore limited incentive to act quickly.

Members also discussed possible future uses and condition of the Bradford Berry house if restrictions are removed. No funding or final decision on restoration or reuse was approved; committee members said they have differing ideas about long-term use and that the property currently has significant deferred maintenance. Estimates mentioned in the discussion placed a full renovation at about $2,000,000, and staff said no renovation funding is currently allocated in the draft budget.

The committee approved the resolution by voice vote; members said "aye" and no opposition was recorded on the transcript. The approval forwards the item to the Board of Mayor and Aldermen (BOMA) for further action.