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Committee explores transferring 1977 Land and Water Conservation Fund restriction to Bergey Hill
Summary
Members discussed constraints tied to a 1977 Land and Water Conservation Fund grant that limit changes to the original parcel; the committee considered transferring the conservation restriction to a city‑owned steep parcel (Bergey Hill) and reviewed conservation‑easement and compliance implications.
Midway Open Space Committee members reviewed complications linked to a 1977 Land and Water Conservation Fund (LWCF) grant that placed restrictions on a downtown parcel. Staff reported that the original grant requires periodic compliance reviews and restricts transferring easements to already developed parcels or parcels with HOA easements.
Committee members discussed transferring the LWCF restriction to Bergey Hill, a city‑owned steep slope the group judged unlikely to be developed. One staff member said the city must be the owner of any parcel receiving the transferred restriction and that transfers can carry strict limitations on future changes. Marissa Fenwick, who joined the meeting and offered assistance with LWCF issues, was described as willing to help the city navigate federal requirements.
Why it matters: LWCF restrictions can limit future alterations to land the fund helped acquire and complicate municipal redevelopment plans. Committee members said careful research into archived property records and the original grant terms is necessary before moving forward.
The meeting also covered a separate conservation easement draft for the Turnberry parcel (about 19 acres on the east side of Lime Canyon). Staff reported lenders needed to provide consent letters before the easement is finalized; the committee heard the easement is progressing through a third‑party holder.
What’s next: staff will continue to research grant terms, archived deeds and state review requirements and will coordinate with the LWCF contact to determine whether a transfer to Bergey Hill is feasible and what acreage ratios (two‑to‑one buffers were discussed) would be expected.
