[Ord. No. 2124, Enacted, 9-17-1996]
The purpose of this Chapter is to encourage the voluntary retention and protection of the natural, scenic, or open space values of real property, assuring its availability for agricultural, forest, recreational, or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property by private property owners through donation or dedication of conservation easements to the City or other non-profit or governmental organizations whose purpose is to protect or enhance such open space, cultural or natural values.
[Ord. No. 2124, Enacted, 9-17-1996; Ord. No. 2161, Amended, 12-16-1997; Ord. No. 2316, Amended, 3-5-2002]
1. 
The Chapter applies to any interest created after October 17, 1996, that complies with this Chapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise.
2. 
This Chapter applies to any interest created before October 15, 1983, if it would have been enforceable had it been created after October 17, 1996, unless retroactive application contravenes the Constitution or laws of this state or the United States.
3. 
This Chapter does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under other law of this state.
4. 
The public hearing requirements of this Chapter shall not apply to a conservation easement that is dedicated to the City in order to comply with a condition of approval imposed on a land use application pursuant to LOC Chapter 50, where such application was subject to public notice and the opportunity for a hearing.
5. 
The incentive provisions of this Chapter shall not apply to a conservation easement that is dedicated to the City in order to comply with a condition of approval imposed on a land use application pursuant to LOC Chapter 50, unless the person dedicating the easement elects to dedicate a larger easement or an easement with a greater impact on private use of the property than would otherwise be required.
[Ord. No. 2124, Enacted, 9-17-1996]
As used LOC Chapter 59, unless the context otherwise requires:
CONSERVATION EASEMENT
Means an interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open space values of real property, assuring its availability for agricultural, forest, recreational, or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property. Although generally a non-possessory interest, a conservation easement can include the right of limited City access for surface water repair and maintenance, a public pathway or right of public access at the election of the donor.
HOLDER
Means:
a. 
The state or any county, city or park and recreation district acting alone or in cooperation with any federal or state agency, public corporation or political subdivision; or
b. 
A charitable corporation, charitable association, charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open space values of real property, assuring the availability of real property for agricultural, forest, recreational, or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property.
THIRD-PARTY RIGHT OF ENFORCEMENT
Means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association or charitable trust, which, although eligible to be a holder, is not a holder.
[Ord. No. 2124, Enacted, 9-17-1996]
1. 
The city may acquire by purchase, agreement or donation, but not by exercise of the power of eminent domain, unless specifically authorized by law, conservation easements in any area within or without the city limits wherever the City Council determines that the acquisition will be in the public interest.
2. 
Except as otherwise provided, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements.
3. 
No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and recordation of the acceptance.
4. 
Except as provided in this Chapter, a conservation easement is unlimited in duration unless the instrument creating it otherwise provides.
5. 
An interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a party to or consents to the conservation easement.
[Ord. No. 2124, Enacted, 9-17-1996]
1. 
Before the acquisition of a conservation easement, the city shall hold one or more public hearings on the proposal and the reasons therefor. The hearings shall be held in the community where the easement would be located and all interested persons, including representatives of other governmental agencies, shall have the right to appear and a reasonable opportunity to be heard.
2. 
Notice of the hearing shall be published at least twice, once not less than 12 days and once not less than five days, prior to the hearing in a newspaper of general circulation in the community. The notice may also be published by broadcasting or telecasting generally in the community.
3. 
At the conclusion of the hearing, the City Council shall decide whether to accept or reject such easement. If the City Council decides to accept such easement, the City Manager is empowered thereby to execute all necessary documents pursuant to this Chapter.
[Ord. No. 2124, Enacted, 9-17-1996]
A conservation easement is valid even though:
1. 
It is not appurtenant to an interest in real property;
2. 
It can be or has been assigned to another holder;
3. 
It is not of a character that has been recognized traditionally at common law;
4. 
It imposes a negative burden;
5. 
It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
6. 
The benefit does not touch or concern real property; or
7. 
There is no privity of estate or of contract.