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Reservation board asks city attorney to review deed-restriction language to allow land management
Summary
The Reservation Board Committee approved a staff request to draft and forward revised deed-restriction language to the city attorney so recorded covenants won’t prevent basic land management and limited public access on Turnbull Creek-area parcels.
The Reservation Board Committee voted to ask the city attorney’s office to review and redraft recorded deed-restriction language that currently limits public use and most vegetation removal on several Turnbull Creek-area parcels. Staff said the aim is to create deed-language that requires a board-approved management plan within one year of acquisition while preserving the bond referendum’s conservation intent.
"It requires that we, within one year of purchasing a property, create a management plan for the property," a Staff member said, describing the draft covenant language now in the packet. Staff noted that at least one previously recorded restriction requires a unanimous commission vote to change and recommended replacing recorded language through the City Commission process. Committee members asked for a legal opinion on how to draft new covenants and whether the commission could legally swap recorded restrictions.
Committee members stressed the trade-offs between preserving conservation intent and allowing practical land management such as selective thinning and trail access. "So it really binds our hands on managing the... property," one Committee member said, noting the restriction even prohibits placement of signage. The motion to forward revised draft language to general counsel and pursue placing the revisions before the City Commission passed on a roll call.
