Item 25.1 Presentation by Dist.1 Rep. Svarzbein 10.29.19
•  Proposition A Language - Shall an ordinance be approved to preserve in its natural state, for all time, the 1,107 acres owned by the City of El Paso and referred to as "Tax Increment Reinvestment Zone Number Twelve," which includes the "Lost Dog Trail," and to prohibit, for all time, any private development and any major public roadways on said 1,107 acres?
The Land
Conservation Easement Bundle of Property Rights: The rights that follow or run
with the land such as easements, deed restrictions, liens, uses, etc. • • • •
Uses: Forest, hunting, ranching, farming, water, etc. Development rights Liens Deed restrictions
Remove a Right: Limit rights to the type and amount of development on the surface of the property Limitations are held in perpetuity Landowner continues to own and use the land Possible federal and property tax deduction The conservation easement is recorded at the county records office (Ensures that each new owner is aware of limitations)
City of El Paso Definition (1st presented 7.23.19)
Conservation Easement Key Components of a Conservation Easement Purpose ~ What is being protected and why? >Ex: Family land, special features (water, view, land)
Permitted uses ~ Rights retained by landowner >Ex: Build a home, farm or ranch operations (stock tank, power lines, etc.), road, oil well, hunting, etc.
Prohibited uses ~ Rights prohibited to landowner > Ex: Don’t allow homes, roads, oil wells, wind farm, etc.
Photo by Mark Clune
Why does any one want to restrict their development forever? 1. Land and water conservation are essential to a healthy Texas. 2. Our lands protect our water supply, provide habitat for our fish and wildlife, preserve our agricultural heritage, and improve our quality of life. 3. By protecting these lands, land trusts help ensure that every Texan has access to clean water, the freedom and peace granted by natural areas, and the opportunity to be physically connected to our natural and cultural heritage. 4. Without those wide open spaces to experience and enjoy, Texas just wouldn’t be Texas. 5. Family Legacy. 6. Control the land from the grave, don’t trust heirs of the land to carry out your wishes.
Texas Tribune Article • https://www.texastribune.org/2011/03/18/in-sanantonio-a-focus-on-land-conservation/ Ranches larger than that, like Rothe's, might be allowed to break into one or more divisions. Hunting and fishing are permitted, as is traditional ranching. (Rothe and her husband keep cattle.) But the number of water wells is limited, as is the amount of “impervious cover,” like roads and houses. The default easement also aims to prevent oil and gas drilling, to the extent possible in a state where surface rights and mineral rights often have different owners.
Conservation Easement ™ Process Overview (a short summary) ~ Government agency or landowners are contacted and discuss what they wish to preserve ~ Lands Committee and Board review project ~ Appraisal completed and reviewed ~ Title Review ~ Survey and subordination letter, if needed ~ Environmental assessment ~ Baseline report, tells current condition of the land ~ Easement terms are negotiated ~ Stewardship Fee – Fee for long-term management
Local Example:

Thunder Canyon Conservation Easement Thunder canyon: Thunder Canyon is a 24-acre natural arroyo in the western slopes of the Franklin Mountains. The property was formerly owned by a private development company. For two years 88 neighbors of the canyon worked with the City to purchase the property from the developer by using the: Public Improvement District (PID). Since 2007 the neighbors incurred increased property tax surcharge to reimburse the City for the purchase price; the land now belongs to the citizens of El Paso for all of us to enjoy forever. Frontera conducts annual site visits to ensure the agreement is in tact.
Texas Examples
San Antonio
•  Why conservation easements? Conservation easements are flexible legal tools that allow both a landowner and a qualified holder of the easement, in this case the CoSA, to find common ground in their conservation objectives. People often sell or donate conservation easements because they wish to protect their property from unwanted development while retaining ownership of the land. Because a conservation easement is designed to run with the land in perpetuity, it ensures that the property will be protected forever, regardless of who owns the land in the future.
Motion to Consider • Reach out to Texaco and State of Texas (General Land Office) to better define their mineral rights and acceptable usage defined by any potential conservation easement . • Further research into other Texas cities such as San Antonio and subject matter experts who already speaking to city staff such as David Braun into best practices for establishing a conservation easement and other preservation methods. • Research best practices for setting up an RFP for 3rd party conservation easement holders based upon research and 20.02.651- Natural Open Space- • Report back on Dec. 10th 2019
Fin.
•  Conservation easement is the only tool for permanent preservation.
• •
20.02.651 - Natural open space. "Natural open space" (NOS) means a zoning district that includes areas consisting of primarily natural and undisturbed landscape set aside for the purpose of preservation or conservation of natural resources, habitats, wildlife and/or features or scenic/aesthetic values. This zoning district is appropriate for areas consisting of, but not limited to, natural vegetation, arroyos, mountains and other geologic landforms, historic/cultural sites, water bodies/wetlands/riparian areas, wildlife habitats, hillside slopes, desert flatlands, ridgelines, scenic buffer areas, trailheads and trails. In addition to the preservation and conservation of land, the NOS zoning district is intended, but not required to allow for passive recreational uses, including such activities as mountain and recreational biking, hiking, jogging, walking, horseback riding, nature study or observation, and photography, as well as other activities that do not adversely affect the environmental characteristics of the district. Activities shall not include motorized activity except for maintenance, emergency services or legal access agreements or as allowed on streets, parking lots, or railroad right-of-way.
Super fin.