Commissioners pull Port Union parcel transfer after easement concerns

A resolution to partially modify deed restrictions and transfer approximately 18.158 acres of the Port Union Canal Trail parcel from Westchester Township to Metro Parks of Butler County was removed from the consent agenda after commissioners worried about preserving the county's ability to obtain future utility and access easements.

Administrator Jean Boyko summarized the request, saying the parcel had been deeded to Westchester Township years earlier with a reverter clause and that Metro Parks has asked to assume ownership and add parking and amenities. Boyko said staff drafted a revised deed and that Metro Parks "would not unreasonably withhold approval" for future easement requests, but would not accept language granting the county an explicit blanket utility easement in the deed.

Commissioners said they wanted clearer protections. One commissioner said, "We want the right to get an easement and if we disturb anything we'll put it back," and asked staff to seek deed language that better secures county utility interests. After deliberation the board voted to pull agenda item 22383 so the prosecutor's office and Metro Parks can be asked to revisit the deed language; staff will circulate the prosecutor-drafted wording for the commissioners' review.

The pulled resolution would have certified the county's intent to partially modify deed restrictions and allow Westchester Township to transfer the parcel to Metro Parks for conservation, recreation and parking; staff noted Westchester has owned the parcel since 1998 and the deed contains a reverter clause should it no longer be used for park purposes. The board left other commissioner's department matters on the agenda for action and directed staff to return a revised item once language is negotiated.