06/08/98 LCEC AgP
The Shorewood Land Conservation Committee
will meet on
Monday, June 8,1998
At 7:00 A.M.
in the Conference Room at City Hall
5755 Country Club Road
AGENDA
1. CONVENE MEETING
A. ROLL CALL
B. REVIEW AGENDA
2. REVIEW THE PURPOSE AND OBJECTIVES OF THE
COMMITTEE
3. IDENTIFY TASKS TO BE ACCOMPLISHED
4. ESTABLISH A WORK PLAN
5. DETERMINE A MEETING SCHEDULE
6 ADJOURN
o' '^F
v V
.,,s S 7 1 4;. >
CITY OF SHOREWO(
CITIZEN INFORMER
yg.
33.. ~ .
OPEN, DEMOCRATIC GOVERNMENT / yS ENHANCED 8
Public Hearing Planned
Look at Land for Water Ordinance Changes
A bout 90% of the land hanges that are being proposed regarding the municipal water ordinances and
in Shorewood is C related policies will be presented at a public hearing at the City Council meeting,
now developed. The Monday, April 13, 1998 at 7:30 p.m., at City Hall, 5755 Country Club Road. The
City is initiating a - significant changes being proposed are as follows:
process to promote conservation ♦ Except for watermain installation projects initiated by a 4/5's vote of
of as much of the remaining open the City Council, projects will only be approved if-
space as possible. A special ad hoc
committee is being established by the > the persons requesting water are willing to pay for the entire cost
City Council to investigate the various of the improvement, and
options (or tools) which are available for > those who are affected by the project but are not requesting it,
the city and citizens to use in this effort. acknowledge that they may be eventually required by others (such
Several of these tools would allow as a financial institution) to hook up to the water system.
residents to set aside their property from ♦ Hook up to the municipal water system will be required for commercial
future development and help neighbor- buildings and for multifamily buildings of 4 or more units.
hoods preserve open space without ♦ Future amendments to the ordinance can only be made following a
pling on anyone's property rights. One public hearing preceded by public notice.
Wch tool being looked into is
"conservation easements." In this case, All residents are encouraged to attend to learn details on the proposed changes and
permanent limits are placed on a property's to offer input to the City Council. A copy of the entire text of the ordinance is
use and development in exchange for a available at City Hall and on the City's web site at www.state.net/shorewood.
number of tax benefits.
If you are interested in learning more about In Honor of Trees
conservation easements or in assisting the Tobserve he City of Shorewood will officially plant a tree each year to help ensure the
City by participating in some capacity call
Arbor Day with the future of our natural resources in the
City Hall at 474-3236. Although help of planting of a tree at Manor Park community.
any kind would be appreciated, the City on Saturday, April 25, 1998 at Selecting, planting and caring
Council is looking for individuals
knowledgable in real estate tax laws or 9:00 a.m. The City annually for a new tree require thought
sets aside one day to and planning. The National
environmental characteristics of land to recognize the importance of Arbor Day Foundation has
assist the committee. trees as a vital part of the character, published an informative bulletin
Watch for more information on this health and beauty of our City. called "How to Select and Plant a
exciting topic in future newsletters and Along with this formal observance, Tree." For a free copy, stop by City
communications. M the City Council urges residents to Hall or call 474-3236.
S M T W T 1° S APRIL EVENTS INSIDE THIS ISSUE
1 2 3 4 4/1 7:00 Hoard of Review Trail Talk
4/6 7:00 Council Work Session City Council Position Opens 2
5 S 7 8 9 10 11 4/13 7:00 City Council Meeting Communications Corner 2
4/14 7:00 Councii\PlanningWork Adopt a Street or Park 3
12 13 14 18 16 17 18 Session Early Shorewood 3
4/14 7:30 Park Comm. Mtg. Senior Center 3
19 20 21 22 23 24 25 Recycling Tip 3
4/20 'r :00 Council Work Session Shorewood Events Ma
26 27 28. 29 30 4!21 7:00 Planning Comm. Mtg. Strawberry Lane Discussion 4
4/27 7:00 City Council Meeting Watermain Flushing Dates 4
Underlining indicates cabiecast of Council meetings - see schedule on page 3.
a
1I~ri
I
Wav
y
Here's a nifty way to get a big tax break and protect
valuable property: Grant a conservation easement. N
>
S halt i
S
P
17
a 1j7
ays
the last cro
P
By Robert Lenzner
DR Thomas Hutch- ZWLo
i_LhiLmcome with this deduc- tion property-property that has
ens is an obstetri- tinn ane~ he h~~
':e wee :.0 _value to conservation organizations.
cian/gynecologist in ~n.rP 1cAua Moreover, when he The amount of acreage being
II Bismarck, N.D. He dies, the vahZf the land-far-estate placed in conservation easements is
owns a 4,200-acre ~uu~sr is just a fraction of what it climbing dramatically in the 1990s,
ranch with scenic b~e`en. Thus, his heirs can but it is still a small percentage of
vistas of native prairie and wetlands enjoy it without having to pay hefty privately held land.
some distance from town. estate taxes. Higher marginal tax rates are fuel-
"I wanted to protect my beautiful The first rancher in North Dakota ing the trend, as are rising land
piece of prairie from ever being to make use of a conservation ease- values, which trigger a bigger estate
broken up and parceled out," ment for wildlife, Hutchens is part of tax. Rural land averages at least $800
Hutchens says. He also wanted to a growing national trend. Once the an acre today, up from $100 in 1960.
• shelter some of his approximately province of the superwealthy with That often means forced sales of
$400,000 income from taxes. huge landholdings, conservation property, come estate tax time.
So he took advantage of a 22- easements are quickly becoming a "Then it goes for development and
year-old provision of the tax code common tax tool for landowners of gets paved over," says Coy Johnston
that allows ote ' 11 hefty tax more modest means who may only II, a Charleston, S.C.-based environ-
deductio onatin to confer- own an acre or two of valuable vaca- mental consultant. "Once a property
vation outfits r etu- is subdivided, it can
!31 enc&mcnr
a"•
your never come back into
property.- -
0 -top
'a one parcel again.
Last year Hutchens-aottwrity on Asphalt is the last crop."
granted such an ease= saving land The easement itself
ment on 3 200 acres'' and money with is a written agreement
0-acre prop- conservation between a landowner
erty to Ducks Unhmit- easemenW and a ot,ahf;P.~ ~~„~Pr
e , a tax attorney vation anizatian
based organization Stephen 'Small. suc as National Trust
that protects wetlands, for Historic Preserva-
waterfowl and wildlife tion or the Nature
in the U.S. Conservancy. It includes owns
By giving up the ever er ' etail the ri
potentially valuable o the develo Ment,
even
economic benefit of ° rights that are bein the c
development rights, up, and is the homc
e to
eduction o asis~or t e ,meet
Qf the land's s valu~.~ tax o
o_ r
ab _Q00 in
Easements, which the ~
value of his property. Tax Court has always d`nti
utc ens can now p upheld, are extraordi- the n
write this $300,000 off narily flexible instru-
as a federal and state o ments. Each is designed easen
tax deduction. Each, =8 for an individual proper- 20%1
Year h^ a can offset_uu to ty and the needs of the ty's v
186 Forbes ■ June 15, 1998 Forbe
t _ THE INVEST. F\'I' CrIIIDEq
Z S
2
Z
N
n. `T
i D LLL
D
at has
zations.
e being
ments is
1990s,
tage of
are fuel-
ng land
er estate
ast $800
in 1960.
sales of
x time.
ent and s
ohn
envirr ;
property c.
it can
ck into
again.
t crop." 1
nt itself
reement
downer f
i
Gertrude Legendre on her South Carolina
al Trust plantation. She saved Medway and millions.
reserva-
Nature
includes owner. If you want, you can retain stances, says Norman "Clark" Wheel- implemented in three stages. The
tail the right to subdivide, hunt and fish, er, the top appraiser in Montana. appraiser reduced the value of Wey-
lo even reserve timber rights or allow Clever landowners can even stag- mouth from $3 million to just under
e bein the construction of an additional ger the timing of their easement gifts $2 million.
is the home. Of course, the more develoE to make the tax deduction benefits 'As Dwyer implements the ease-
ment rights you retain- Me less the last longer. Consider the strategy ment in stages, he will be able to
tax ttset. What you must give u employed by David Dwyer, an stretch the deduction on earned
hich the weve is most or all oft the Atlanta businessman. In 1990 Dwyer income over 18 years. Although the
s always dential development rights to meet bought Weymouth, an o1rQQ- Basemen resulted in a r mnorarW~
traordi- the rules. acre rice plantation in reduction in the value of the :roe -
instru- -ITie to in value attributable to an or .2 mifliog, ty, It as actually increase to 4.,~
designed easement can range from less than When Weymouth rose in value tom ion, y. Most of the local plan-
pro - 20% to more than 90% of a proper- $3 million, Dwyer wrote an easement tation along the Pee Dee River also
s o ty's value, depending on the circum- on the whole property that could be have easements that prohibit com-
15 1998 Forbes ■ June 15, 1998 187
`7 f.. Y' 1 _ i . t:~^ L•, 'a- ro H'caNCy'.v~.. ...,...r.
G. ,.SJ.wI
mercial develop- plantation on the
• ment. Their value outskirts of town.
now is as planta- By doing so, she
tions, not as poten- ensured that devel-
tial development opers would never
property build any housing
There's no limit there. The grant
on how small or reduced Medway's
large the property market value by
can be. Wheeler says millions.
he's appraised ease- - ■ The easement could
ments on properties!
f be used for the pro-
as small as 10 acres
tection of a view,
to as large as such as the frontage
12,000 acres. Ac- along a scenic river.
cording to the Easements have
Peconic Land Trust been granted, for
in Southhampton, m instance, by owners
N.Y., a resort spot o of farmland in the
for the rich and Z Berkshires, to pre-
famous, owners of vent the view from
property of less than an acre can National Trust for Historic Preserva- ever being altered.
place a conservation easement if the tion. Historic residences and com- ■ The land could be used for public
property has conservation value. mercial buildings in New Orleans and outdoor recreation or education. This
Does your property have conserva- Washington, D.C. have also received is the least common of all easement
tion or historic value? To qualify this treatment. donations.
under the tax rules, it must meet one ■ It is a significant habitat that con- Yes, there are pitfalls to encumber-
of several specific criteria: tains special natural attributes. In ing your land with easements.
• ■ It is a significant historic structure, 1991, for example, Gertrude Appraiser Wheeler says don't d '
or land that's part of a battlefield, for Legendre, now 96 and the grande you are planning on ma ung quick
example. Donald Trump donated dame of Charleston, S.C., granted e art,cn nr;r nne
such an easement on Mar-a-Lago, his an easement to Ducks Unlimited on that allows outsiders to hunt or fish
Palm Beach, Fla. private resort, to Medway, a lovely, historic 7,000-acre uces the va o e
land airl ma es i 71ifftLUIL o ell
'quickly," he says. "It can take time to
duction. Make sure in such a way that find a buyer."
THE DRILL :
you hire an appraiser vour heirs don't have One last warnings A conservation
t with experience in - to sell the land to pay easement manot nneecessaril reduce
your region. His. work the estate tax. vour local rea estate taxes. onsi er
will be scrutinized by 5. You will probably e o
- the IRS to make sure not qualify for a tax ona son, Lufkin & Jenrette Secu-
STEPHEN J. SMALL; a you haven'toverval- deduction if there is rities and former Commissioner of
Boston 'attorney, wrote ued the property. nothing special or the Department of Environmental
the. income tax regula 2. You must give the.,unusual about the land Protection in Connecticut.
tion on conservation easement to a legiti- you are protecting. If Lufkin bought a 260-acre farm in
easements when he . mate charity like a land your land provides Washington, N.Y., about two hours
worked for the IRS 20, trust or a conservation important habitat or is north of New York City, several years
yearn ago. We.asked . group or government particularly scenic, you ago._ Lufkin gave an easement on the
i him for advice for agency. The arrange-, should qualify. $2 million farm to the Dutchess
those thinking of. ments have to be pre-, 6. Families "should County Land Conservancy, he says,
using this particular vise and binding. pay as much attention to encourage others to do the same.
tax benefit. Small, 3. You cannot to planning for family However, the real estate assessor
author of Preserving donate an easement to landholdings as they refused to reduce Lufkin's real estate
Family Lands, made a private foundation. do for`family business tax assessment. Lufkin is discouraged
six points: 4. Have a compre es," says Small. In and is suing the town in a case that's See U
PC E)
1. The IRS requires a hensive estate plan and short, treat it like a about to go to court.
"qualified appraisal" to fit the easement into business deal and get a If you do it, consult a lawyer Booth
substantiate the de- it. Arrange your estate good lawyer. -R-L. knowledgeable about real estate
practices.
188 Forbes ■ June 15, 1998
6129296166 DECISION RESOURSES 946 P02 MAY 13 '98 12:20
DECISION RESOURCES, LTD. CITY OF SHOREWOOD
3128 Dean Court RESIDENTIAL STUDY
Minneapolis, Minnesota 55416 FINAL VERSION
Hello, I'm of Decision Resources, Ltd., a survey
research firm located in Minneapolis. we've been retained by the
City of Shorewood to speak with a random sample of residents
about parks and trails. I want to assure you that all individual
responses will be held strictly confidential; only summaries of
the entire sample will be reported. (DO NOT PAUSE)
1. How long have you lived in the TWO YEARS OR LESS 8t
City of Shorewood? 2.1 TO 5.0 YEARS 18t
5.1 TO 10.0 YEAR9.....29t
10.1 TO 20.0 YEARS 20t
OVER TWENTY YEARS.....24&
DON'T KNOW/REFUSED..... 0-
2. How would you rate the quality of EXCELLENT.......... . 57V
life in Shorewood excellent, GOOD .................39%-
good, only fair, or poor? ONLY FAIR ..............3%
POOR...... ...........O.
DON'T KNOW/REFUSED.....O.
3. What do you like most about living DON'T KNOW/REFUSED..... It
in Shorewood, if anything? NOTHING ................2%;
LOCATION ..............25°s
NEIGHBORHOOD 8*
PEOPLE 3t
QUIET .................18g
SAFE ...................4$
• LAKES • . . . . .14$
SMALL TOWN FEEL. . .12%-
SIZE OF LOTS 4t
COUNTRY ATMOSPHERE 6t
PARRS/TRAILS. ........3%
SCATTERED 11-
4. And, what do you like least about DON'T KNOW/REFUSED..... 6t
living in Shorewood, if anything? NOTHING ...............20%;
GROWTH .................9%
TAXES .................22!k
TRAFFIC ...............10!
SCHOOLS ..........1k
POLITICS ON COUNCIL 71;
CITY WATER.... .......6s
NEED MORE PARK/TRAILS..5t
DISTANCE FROM CITIES-6k
STREET MAINTENANCE.....3%-
PEOPLE .................1k
ZONING REGULATIONS 1%
SCATTERED ..............3%
1
•
47q
946 P04 MAY 13 98 12:21
6129296166 DECISION RESOURSES
Now, I would like to (re-)read you a list of facilities in Shore-
wood Parks. Whether you use them or not, please tell me how
valuable you think it is for a community to offer that facility
very valuable, somewhat valuable, not too valuable, or not at
all valuable? (ROTATE)
VRV SMV NTV NAA DKR
22. Grassy areas for leisure activities? 76% 26t 1t 0t It
23. Playground equipment? 42t 26% 9t 2% It
24. Picnicing facilities?
5t It
25. Tennis courts? 3333t * 45t 47t 13 15% % 5% It
26. Basketball courts? 27% 45t 13% 8t 2%
27. Volleyball courts? 57t 35~ Ss 3t It
28. Baseball and Softball fields, . 48% 36t gt 4t 3t
29, Soccer and Football fields.
30. Trails at Freeman Park? 57% 26% 6% 2% 8%
31. Skating and Hockey rinks? 48% 39% 6% 4t 2%
32. Concession Stand at Freeman Park? 21s 42% 14% 13t lit
I would like to read you a short list of six types of recreation-
al developments. Hypothetically, suppose each would cost approx-
imately the same amount of funds and no property tax increases
were necessary....
33. Which one, if any, would you choose as your top priority?
34. And, which one, if any, would be your second priority?
FIRST SECND
OUTDOOR MUNICIPAL SWIMMING POOL 42% 8%
45t 25t
TRAILS % 9!
ICE ARENA 26%
SET-ASIDE LAND FOR OPEN SPACE 2~
IN-LINE SKATING PARK l t... 0t lit
ADDITIONAL BALLFIELDS 0~ 2t
All equally (vol) 0~ St
None of above (vol)
0% 2%
Don't Know/Refused
Moving on....
.87t
35. Does the City of Shorewood cur- YES...... :••:::......••t
rently have sufficient park land NO.
to meet the needs of your house- DON'T KNOW/REFUSED•••••4%
hold?
3
•
6129296166 DECISION RESOURSES 946 P06 MAY 13 98 12:22
41. Would you favor Or Oppose the City STRONGLY FAVOR 54%'
of Shorewood providing trails in FAVOR .................27t
• the community? (WAIT FOR RE- OPPOSE .................7!k
SPONSE) Do you feel strongly STRONGLY OPPOSE........ 50,
that way? DON'T KNOW/REFUSED.....7%;
IF A POSITION IS TAKEN, ASR: (N= 280)
42. Could you tell me one or two reasons why you feel that
way?
DON'T KNOW/REFUSED, 1t; COSTS, 5*; USE TRAILS, 10t;
RECREATION, 24%-; SAFETY/OFF THE MAIN ROADS, 13$;
NEIMED, 9&-; KEEP NATURE, 8%; GOOD FOR. FAMILIES, 14°s;
DEPENDS ON LOCATION, 6$; USE FOR TRAVEL, 2%-; NOT
NEEDED, 5t; SCATTERED, 4:.
If the City of Shorewood were to consider providing trails in the
community, one option might be for the City to develop a connect-
ed citywide trail system, in which residents could use the trails
for recreation and for traveling throughout the community.
Another option might be for the city to develop a series of non-
connected trail links solely for recreational purposes.
43. Which of the following statements STATEMENT A...........48%
most closely reflects your opin- STATEMENT B............9%
ion: STATEMENT C...........28*
A) I would strongly prefer a city- STATEMENT D........... 11k
wide connected trail system; DON'T KNOW/REFUSED 4%r
B) I would strongly prefer non-
connected trail links;
C) I would have no strong prefer-
ences and would support either
option;
D) I would oppose both options.
If trails were developed in the City of Shorewood....
44. How likely would you or members of VERY LIKELY 58t
your household be to use a trail SOMEWHAT LIKELY 21t
very likely, somewhat likely, NOT TOO LIKELY 8%;
not too likely, or not at all NOT AT ALL LIKELY 12*
likely? DON'T KN0W/REFUSED_....1%
IF "VERY LIKELY" OR "SOMEWHAT LIKELY," ASK: (N=236)
45. Would you and/or members of RECREATIONAL 55*
your household use the trail TRAVELING ..............2%r
primarily for recreational BOTH ..................43!k
activities, for traveling DON'T KNOW/REFUSED.....0t
within the City, or for both?
5
•
6129296166 DECISION RESOURSES 946 P08 MAY 13 98 12:23
57. Other adults, under 65 years old? NONE 13~
ONE ...................190
THREE OR MORE.. .7s
58. School-aged children? NONE ..................60!k
ONE ...................18$
TWO ...................16.
THREE OR MORE 6!k
59. Pre-schoolers? NONE ..................84$
ONE ...................13%s
TWO OR MORE 3%-
60. Gender (BY OBSERVATION) MALE ..................49!k
FEMALE ................51°s
61. Area of the City PRECINCT ONE.......... 23t
PRECINCT TWO.......... 46t
PRECINCT THREE
AND FOUR 32t
•
7
•
Appendix D: Toolbox for land protection
(adapted from Allman, 1997)
This appendix provides an overview of land protec- temporary to permanent and formal to informal. The
tion approaches available to local units of government best tools for land protection are those that protect an
to conserve natural areas and open space in their com- area's biological structure and ecological functions in
munities. Selection of appropriate tools will depend perpetuity, and this longer-term goal usually requires a
on quality of the habitat, ownership status, wishes of combination of tools.
the landowner, and financial considerations.
Selection and implementation of a package of land
The tools in this matrix include both regulatory and protection tools often require cooperation and part-
voluntary, incentive-based approaches. Each tool pro- nerships among local officials, private landowners, tech- -
vides a different level of land protection, ranging from nical resource professionals, and nonprofits to succeed.
Tool Applicability for Notes
Local Governments
Transfer of Development Rights (TDR) • To work effectively, TDR programs Minnesota recently passed enabling
require: legislation which allows for TDR
In a TDR program, two zones are programs. For information on
established in a given geographic area; a 1) a high demand for housing or TDR programs in Minnesota,
"sending" (preservation) zone and a other development in the receiving contact The Land Stewardship
"receiving" zone. Landowners with zone, Project (LSP) at (612) 653-0618.
property in the sending zone may sell
their (unused) development rights on 2) capability of the administering
. the open market to land developers and government unit to set up and
brokers, who then use the purchased oversee the program on an ongoing
rights to increase their allowable basis, and
building density in the receiving zone.
3) residents in receiving zone
amenable to higher density.
• Appropriate for large-scale efforts
where keeping land in private
ownership is desirable.
Purchase of Development Rights (PDR) • PDR programs require: The Land Stewardship Project is
spearheading a conservation
A PDR program typically involves the 1) the capability of the administering project in Washington-Chisago
purchase of development rights by a government unit to set up and counties which employs the use of
local government unit or nonprofit oversee the program on an ongoing PDRs, TDRs, conservation
organization in order to accomplish basis, and easements, and acquisition.
protection of natural features, open Contact LSP at (612) 653-0618.
space, or agricultural values. PDR 2) a funding mechanism to finance
programs are generally applied as part of the acquisitions of development
a formal program with specific criteria rights.
used to select acquisitions. A PDR
Appropriate for large-scale efforts
program may be viewed as a systematic
use of consen•ation easements. where keeping land in private
ownership is desirable.
•
38
Tool Applicability for Notes
Local Governments
Registry Programs • Local governments may either start • The MN Chapter of the Nature
their own registry program (if they Conservancy administers a registry
• Registry programs areaway to have qualified natural resource staff) program. Contact Lisa Mueller, Land
acknowledge and encourage the or may instead educate citizens about Protection Specialist, at (612) 331-
voluntary protection of natural features the availability of registry programs 0733.
by private citizens. Landowners make a offered by other government agencies
non-binding agreement to protect their or private, non-profit conservation • "Friends of the Minnesota Valley"
land by enrolling in a registry. In turn, organizations. administers a Heritage Registry for
they are provided with information and landowners in the Lower Minnesota
technical assistance regarding appropri- River Valley. Call (612) 858-0706.
ate conservation practices for their
particular site.
Special Designation • Special designation may increase • If a natural area has historic or
legal protection and potential for cultural significance, call the State
High quality natural areas may qualify financial support for acquisitions Historical Preservation Office, (612)
for special designation under a state or and management of selected sites. 296-5434.
federal program such as the National
Register of Historic Places or the state • With sites appropriate for special • To find out whether a natural area
Scientific and Natural Areas Program, designation, an outside agency may might qualify for designation as a
administered by the DNR. Special be interested in acquiring the state Scientific and Natural Area, call
designation generally requires public property and managing it for (612) 297-2357.
access to land. protection of its natural features.
This allows the local community to
benefit from protection of a site
without being obligated for the cost
of acquisitions or management.
• • Appropriate options only for natural
areas with features of state/national
significance.
Outright Purchase • Outright purchase by a unit of • Washington County used a lease-
government requires: purchase arrangement to finance an
Also known as "fee simple acquisition," acquisitions of park land in the St.
the outright purchase of land gives a 1) a determination that the land serves Croix Valley. For information,
local government unit full control over a public purpose. Natural areas can contact Dave Engstrom, County
all rights to a property. be said to serve public purposes (e.g., Commission, at (612) 430-6215.
flood control, enhancement of air
and water quality) even when public • The DNR administers a matching
access to a site is not feasible, grant program to assist local
desirable, or practical; governments with acquisitions of
natural and scenic areas.
2) necessary funding to finance the
purchase. Acquisition may be • The Trust for Public Land (TPL) is a
financed through general revenue nonprofit land conservation
funds, bond referenda, lend-lease organization that applies its expertise
programs, special taxation, and in negotiation, public finance, and
government grants, trust funds, and law to help local governments acquire
j matching programs. Cost of public open space. Contact TPL at
I acquisitions may be reduced by use (612) 338-8494.
of "bargain sale," in which the seller
agrees to sell at below market value
(the difference is recognized by the
IRS as a charitable contribution for
i • the seller's income tax purposes); and
3) financial and staffing resources to
provide for site management and
maintenance.
39
Tool Applicability for Notes
Local Governments
Perpetual Conservation Easements Conservation easements achieve a Easements may be sold or donated by a
number of goals: landowner; a local government may
These easements are legally binding require an easement to protect a natural
agreements made between a landowner 1) they protect natural and open space or open space area; easements can keep
and a qualifying organization, in which values of public land available for land in private ownership and on the tax
permanent limits are placed on a sale; roles.
property's use and development.
2) they provide permanent protection of
required open space in develop-
ments;
3) they promote voluntary conservation
by landowners;
4) they provide protection for highly
sensitive areas on public land;
5) they ensure private ownership rights.
Official Land Use Controls Zoning and subdivision ordinances are St. Cloud is in the process of drafting a
the most common tools used by local "sensitive natural areas overlay zone
governments; many land use controls ordinance" to protect environmentally
fail to address the protection of high important areas; developers that employ
quality natural areas on public and open space zoning may receive density
private land; a preservation overlay zone bonuses for dedicated open space in a
is a flexible tool which supplements subdivision, which may be managed by a
existing zoning; open space zoning homeowners organization.
mandates or encourages protection of
• blocks of open space in subdivisions.
•
40
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
LAND CONSERVATION MEETING COUNCIL CHAMBERS
MONDAY, JUNE 22, 1998 7:00 A.M.
AGENDA
1. LAND CONSERVATION COMMITTEE MEETING
A. Roll Call Riesen V
Svoboda V
Bruno
B. Review Agenda
i
2. APPROVAL OF MINUTES
Land Conservation Committee Meeting Minutes of June 8, 1998 (Att-42 Draft)
3. REVIEW PACKET
A. Land Conservation Committee Calendar (Att.43A Calendar)
B. Land Conservation Committee Member List (Att.43B List)
I
C. Summary of land protection options for private land owners (Att.-#3C Table)
D. Newsletter article (Att.-#3D Draft)
E. Natural Areas: Protecting Vital Community Asset (Handout)
4. MINNESOTA LAND TRUST PRESENTATION
A. Ann Haines, Minnesota Land Trust, Land Protection/Chapter Specialist-. The role of the
Minnesota Land Trust in land conservation (Att.44A Pamphlet)
B. Ann Haines: Conservation easements (Att.44B 1 Pamphlet, Att.44B2 Model Easement, Att-
#4B3 Monitoring Report Form)
5. DEVELOP VISION STATEMENT (Att.45 Draft)
6. DEVELOP COMMITTEE GOALS AND WORK PLAN (Att.46 Draft)
7. STAFF REPORTS
A. Bond Referenda for open space in other Cities, Erica Johnson (Att.47A1 Notes, Att,4-7A2
Articles)
B. Planning Commission Activity - Natural Resources Chapter of Comprehensive Plan, Erica
Johnson (Att.47B Meeting Notes)
8. ADJOURNMENT
SHOREWOOD LAND CONSERVATION COMMITTEE MEETING
MONDAY, JUNE 8, 1998 SHOREWOOD CITY HALL
7:00 A.M. CONFERENCE ROOM
MINUTES
1. A. CALL TO ORDER
The meeting was convened at 7:15 a.m.
Present: Ad Hoc Committee Members Dean Riesen, Frank Svoboda and Fred
Bruno.
Also Present: Jim Hurm, City Administrator; Brad Nielsen, Planning Director; and Erica
Johnson, Intern.
B. REVIEW AGENDA
. Nothing further was added to the agenda.
Chair Riesen began the meeting with each of those present briefly introducing themselves and.
explaining their interest in land conservation.
2. REVIEW THE PURPOSE AND OBJECTIVES OF THE COMMITTEE
Chair Riesen and Administrator Hurm briefly reviewed the purpose and objectives of the
committee.
3. IDENTIFY TASKS TO BE ACCOMPLISHED
Chair Riesen explained that the committee will look at the various tools available for land
conservation. He briefly explained the concept of land conservation easements. He then indicated
that the committee should begin work on an inventory of potential available lots in Shorewood for
conservation. There was discussion on the importance of educating Shorewood residents on the
various tools. It is important that the committee work in conjunction with the Planning
Commission in its review of the Comprehensive Plan. The Committee will look into whether or
not a referendum for land conservation would be an advisable recommendation to the City Council.
Administrator Hurm distributed materials on Land Conservation Easements and a copy of the Park
and Trail Survey just completed by the City.
4. ESTABLISH A WORK PLAN
The Staff will prepare a suggested work plan to be discussed at the next meeting.
5. DETERMINE A MEETING SCHEDULE
It was a consensus of the Committee that it will meet every other Monday morning beginning at
7:00. The next meeting will be Monday, June 22 at 7:00 a.m. in the Conference Room at City
Hall.
LAND CONSERVATION COMMITTEE MINUTES
TUESDAY, JUNE 8, 1998
PAGE 2
6. ADJOURN
There being no further business, the meeting was adjourned at 8:30 a.m.
RESPECTFULLY SUBMITTED,
James C. Hurm,
Shorewood City Administrator
•
•
cr)
OI i m N
ml ~I
of M
~I j w! I ~
;co
li. I I
; I
W ICID {T cr) N iN I af9 i0 it,
IN :i
`I i of '
f ,I ~ cl I •
I i I I rl I
00
Q~ ~ 1 i ! O~ ~ I II
I : ''o'
1CNa
.1 N •m ~cu ~ iN I0) Ip ~C7 •p
HI j I N co
m I .C g ~ ~ I
b~ i j a I ~ ~ 3! I I i
p I ~ I I ~ I
r` Im N o„ Ico an iN rn
L. I ~ ~ I I I I
mr m I _ k7 h m IN
ICO
- j ! m c~ ico ® I W
IN m
_ c Em Ic c I ~I 'Ec E~ I Ec
C3 ~ m
I m om a~ °I m Em E
. I9 f~ I~ • I I ^ I O ~L I I $U~
N 1N -CD Ito ,c7p 'Q I tcl
00
g! i I I a, I ON
O r-.
U ~ ~ i I I I ri
of t m n- IN
CC ~ I I I al I '
toI I
IU')
O jr (C? Iv i~
U I 1 N lm
s t I
b m I
_ ~ ~ s r I I I
1► I
CCl
LLI
~I L ( f I ~ 1 I
N 'p ICD 'CO IO
00 ~ I i
C1 co 0 n Ov 00 ;r
p~ m I Im ILO IN Irn I
led c jr I l IT IN N
f ~ I
N Ip .,CD IC43
Ip
o n v ico
P-I ~ i I ~ I
co .;p ~<D ICO N IW
m
IQ IN
_ N
o m~ ' N m C11 I mm
IT I m
`oI 14 i E c ! . gi _ E c rn
10 . ow
1 U
I_ i ^ I r: I j g~ I ~ 'O
~ Q )
N o~ Ico
.j ti iN N to
~f ' OI a h I^ N
c
0
Shorewood Land Conservation Committee
Dean Riesen, Chair
20030 Excelsior Blvd.
Shorewood, MN 55331
hm 470-5011, wk 404-5002, fax 404-5001
Frank Svoboda
25580 Nelsine Drive
Shorewood, MN 55331
hm 474-0545, wk 471-1100, fax 471-0007
Fred Bruno
21135 Christmas Lane
Shorewood, MN 55331
hm 474-5792, wk 545-7900, fax 545-0834
Jim Hurm, City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
474-3236 ext. 213, fax 474-0128
Brad Nielson, Planning Director
City of Shorewood
5755 Country Club Road
• Shorewood, MN 55331
474-3236 ext. 211, fax 474-0128
Erica Johnson, Intern
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
474-3236 ext. 222, fax 474-0128
6/15/98
commembers
Tables
Table 1. Land protection options for private land owners.
Land Description Results Income tax Estate tax Land
Protection eduction? reduction? protected in
Option perpetuity?
Conser- Legal agreement between a land Land's conservation values Yes Yes Yes
vation owner and an LCO permanently protected by LCO. Owner
easement limited a property's uses. continues to own, use, live on
land.
Outright land Land is donated to an LCO LCO owns and protects land. Yes Yes Yes
donation Income tax deductions are
spread over several years.
Donation of Interests in land are donated to a LCO owns and protect land. Yes Yes Yes
undivided LCO over several years, until the Income tax deductions are
partial LCO has full ownership. spread over several years.
interests
Donation of Land is donated an LCO at LCO owns and protects land. No Yes Yes
land by will death.
Donation of Land is donated to an LCO but LCO owns and protects land. Yes Yes Yes
remainder owner continue to live on the
interest in land, usually until death.
land with
reserved life
estate
• Bargain sale Land is sold to LCO for a price LCO owns and protects land. Yes Yes Yes
of land below fair market value.
Lease Land is leased for a specified Development is postponed. No No No
number of years to an LCO or
individual, with restrictions
placed on how it can be used.
Mutual A group of landowners agree to Can be nullified by a No No No
covenant restrictions on their land use. subsequent agreement of
May not involve an LCO. owners. Agreement does not
run with the land.
~v
C.o nS~rVcC~i'oly~
• DRAFT
Newsletter Article
The ad hoc committee established to investigate land protection tools has begun its
research. The committee's goals are to learn more about conservation options and educate
the City Council and Shorewood residents. The committee will also recommend a land
conservation program to the City Council by the end of the year
Estate planning is an important conservation tool because of exorbitant inheritance taxes.
Many heirs have been forced to sell the property they have inherited because their tax
liability increased dramatically. Planning estate finances in advance can reduce this tax
burden. For instance, landowners can donate their property or a conservation easement to
a non-profit organization to decrease its taxable value. If land is donated as a "remainder
interest," landowners can live on the property until they die. This option allows a tax
deduction while landowners are still alive.
• Before making any decision about your property, consult with a tax advisor and a
financial planner to determine what is in you best interest.
You will be seeing more information about land conservation in future newsletters.. The
committee is looking for people knowledgeable in real estate tax laws to assist the
• committee.
Model Conservation Easement
MINNESOTA LAND TRUST
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is entered into this day of ,199 , by and
between , whose address is ("Owners"),
and the MinnesotaLand Trust, a Minnesota nonprofit corporation having its principal office in Minneapolis,
Minnesota ("Trust").
WITNESSETH:
A. Owners are the sole owners in fee simple of certain real property identified on Exhibit A,
attached hereto and incorporated by this reference, consisting of acres ofland, togetherwith buildings
and other improvements located in County, Minnesota ("Protected Land").
B. The Protected Land is primarily [farmlands, woodlands, wetlands, riparian areas and open
space]. In addition, the Protected Land has outstanding scenic qualities that can be enjoyedby the public
from in Township.
C. The natural, scenic and agricultural qualities and forested, riparian and open-space character
• ("Conservation Values") ofthe Protected Land are set forth in a Property Report dated
,199 , which the parties acknowledge accurately represents the present
condition ofthe Protected Land. Each ofthe parties has a copy ofthe Property Report. The Trust intends
to use the Property Report in monitoring subsequent uses ofthe Protected Land and enforcingthe terms of
this Conservation Easement. Notwithstanding this, the parties may use all other relevant evidence to estab-
lish the present condition ofthe Protected Land in the event of a disagreement as to whether a subsequent
• activity or use is consistent with the terms ofthis Conservation Easement.
D. Owners intend to convey to the Trust the right to preserve and protect the Conservation Values
ofthe Protected Land in perpetuity and to prevent or remedy subsequent activities or uses that are inconsis-
tent with the terms ofthis Conservation Easement.
E. The grant ofthis Conservation Easement will serve the policies ofthe State ofMinnesota which
encourage the protection ofMmnesota's natural resources and which encourage the use and improvement
ofthe agricultural land for the long-term production offood, as set forth, in part, in [Minnesota Statutes
Section 40A.04 (State Agricultural Land Preservation), and in Section 84C.01-02 (Conservation Ease-
ments)].
F. The Trust is a publicly supported, nonprofit corporation which seeks to protect the natural,
scenic, agricultural, forested, and open space conditions ofland in Minnesota. In addition, the Trust is
qualified as a conservation organization under Sections 501(c)(3) and 170(h) ofthe Internal Revenue Code.
The Trust has agreed to assume the obligation ofprotecting the natural and scenic qualities ofthe Protected
Land in perpetuity according to the terms ofthis Conservation Easement.
NOW, THEREFORE, inconsideration oftheir mutual covenants and pursuantto the provisions
relating to conservation easements set forth in Minnesota Statutes Sections 84C.01-.05, Owners convey
• and warrant to the Trust and the Trust accepts a perpetual conservation easement on the Protected Land of
the character and to the extent set forth herein.
1. Intent The parties intend to permanently retain the Protected Land in its predominantly [natural
and scenic] condition and to prevent or remedy any subsequent activity or use that significantly impairs or
interferes with the Conservation Values ofthe Protected Land. Owners intend to restrict all subsequent use
ofthe Protected Land to activities consistent with the terms ofthis Conservation Easement.
2. Trust's Rights To accomplish the parties' intent, Owners convey the following rights to the
Trust:
A. The Trust shall preserve and protect the Conservation Values ofthe Protected Land.
pursuant to the terms of this Conservation Easement.
B. The Trust may enter the Protected Land at reasonable times to monitor subsequent
activities and uses and to enforce the terms ofthis Conservation Easement. The Trust shall give reasonable
prior notice to Owners of all such entries and shall not unreasonably interfere with Owners' use and quiet
enjoyment ofthe Protected Land.
C. The Trust may act, pursuant to Paragraph 19, to prevent or remedy all subsequent
activities and uses of the Protected Land not consistent with the terms ofthis Conservation Easement.
3. Prohibited Uses Owners shall not perform or knowingly allow others to perform acts on the
Protected Land that would significantly impair or interfere with the Conservation Values ofthe Protected
Land. This general restriction is not limited by the more specific restrictions set forth in Paragraphs 4-13.
The parties acknowledge that the present use ofthe Protected Land is consistent with theterms ofthis
Conservation Easement and the Owners may, subj ect to the restrictions set forth in Paragraphs 4-14,
continue making such use ofthe Protected Land.
4. Residential. Commercial & Industrial Uses Owners shall not subdivide all or part ofthePro-
tected Lands for residential, commercial or industrial development. Owners shall not subdivide, either
legally or physically, the Protected Land for any other reason without the priorwritten approval ofthe Trust.
Owners shall not engage in commercial or industrial activities on the Protected Land, otherthan the activities
relating to agricultural operations asset forth in Paragraph 7. Owners shall not engage in the exploration or
extraction of soil, sand, gravel, rock minerals, hydrocarbons or any other natural resource on or from the
Protected Land. Owners shall not grant rights ofway on the Protected Land in conjunction with commer-
cial or industrial activities or residential development on lands other than the Protected Land..
5. Construction Owners shall not construct or install additional buildings or improvements of any
kind including, without limitation, fences, driveways, parking lots, and roads, on the Protected Land, except
as specified herein. Owners may maintain, repair, and replace existing roads but shall not widen them unless
doing so lessens the environmental impact ofthe road on the Protected Land and Owners have obtained the
prior written approval of the Trust. Owners may maintain, renovate, expand, or replace existing agricultural
and related buildings or improvements in substantially their present location. Any expansion or replacement
of an existing building or improvement shall not substantially alter its character or function, and shall not
54
:ji......:}~i.:ij;:iyiii::::!'-''i?:i::jj::j~:v=iiii+::
exceed its current square footage by more than twenty-five percent, without the priorwritten approval of
• the Trust.
6. Utility Systems Owners may maintain, repair, and replace existing utility systems on the Pro-
tected Land including, without limitation, water, sewer, power, fuel, and communications lines and related
facilities. Owners shall not install new utility systems or extensions of existing utility systems on the Pro-
tected Land including, without limitation, water, sewer, power, fuel, and communications lines and related
facilities, without the prior approval ofthe Trust except as needed to serve any additional uses, buildings,
and improvements permitted by the terms ofthis Conservation Easement. Owners may install, maintain, and
replace irrigation systems used on the Protected Land.
7. Agricultural Use Owners may conduct agricultural operations in areas currently being used for
agricultural operations on the Protected Land. For purposes ofthis paragraph, thetenm Agricultural Opera-
tions shall mean raising livestock, growing crops to feed such livestock, and growing crops for sale in the
agricultural marketplace.
8. Surface Alteration Owners shall not alter the surface ofthe Protected Land including, without
limitation, the filling, excavation, or removal of soil, sand, gravel, rocks, or other material except as reason-
ably required in the course of activities or uses permitted underthe terms ofthis Conservation. Easement.
9. Soil and Water Degradation Owners shall not engage in activities or uses that cause or are likely
to cause soil degradation, erosion, or water pollution, either onthe surface orunderground, except for
• activities or uses reasonably required in the course of Agricultural Operations permitted by Paragraph 7.
10. Waste Removal Owners shall not dump or dispose of refuse or other waste material on the
Protected Land although, subject to applicable laws and regulations, Owners may dispose ofbrush and
other plant material from the Protected Land by burning or composting if such material results from Agricul-
tural Operations permitted byParagraph 7 or other activities oruses permitted bythis ConservationEase-
ment. Subject to the applicable laws and regulations, Owners may store and make use of agricultural
• products and by-products including, without limitation, crops, silage, fertilizers, lime, and manure on the
Protected Land if such material results from or is to be used in agricultural operations permitted by Para-
graph 7.
11. Water Bodies and Courses Owners shall not alter existing bodies ofwater or watercourses or
construct new bodies ofwater or watercourses on the Protected Land except as reasonably required for
the activities or uses permitted by the terms ofthis Conservation Easement and for which Owners have
obtained the prior written approval ofthe Trust.
12. Trees. Shrubs, and Vegetation Owners shall not remove, destroy, cut, mow, or alter trees,
shrubs, and other vegetation except (i) for areas immediately adjacent to buildings or improvements permit-
ted by Paragraph 5, (ii) as reasonably required for agricultural operations permitted by Paragraph 7, (iii) to
prevent or control insects, noxious weeds, diseases, fire, personal injury, or property damage, (iv) for
firewood or construction material intended for residential use on the Protected Land, (v) as reasonably
• required to construct and maintain the trails permitted inParagraph 12, and (vi) for other activities or uses
permitted by the terms ofthis Conservation Easement.
55
x..... n.::::::::i:v..:. ::i
. .........................::'n i'::::::::::::::::::::::::::::..
{w;}:. :v::......... :::w::.::. :v:: ::w.:.::::::._:::::::::.~.~::::::.~n.....:.x._::::::..:::..:::::::...:.::nx.....::::::..::....:: i:•::::-.-._..iii'= Y:Y-::::
.....................v
r{{v:v}'.;.i':::: v:. .
n: Y}:•}}}iii}i:{-}}3: i{{.:
13. Recreational Use Owners may establish and maintain trails for fire breaks, walking, horseback
• riding, cross-country skiing, and other non-motorized recreational activities on or across the Protected -
Land. Owners shall not use or allow others to use motorcycles, all-terrain vehicles, or other motorized
vehicles on the Protected Land except as reasonably required for other activities oruses permittedby the
terms ofthis Conservation Easement.
14. Sims Owners shall not erect or install any signs or billboards on the Protected Land except for
signs stating the name and address of the Protected Land or the name of the persons residing on the Pro-
tected Land, announcing the sale or lease ofthe Protected Land orthe activities or uses permitted by the
terms ofthis Conservation Easement, designating the boundaries ofor directions to theProtected Land, or
restricting entry to or use ofthe Protected Land. With the prior written approval of Owners, the Trust may
erect or install signs announcing that the Protected Land is subject to this Conservation Easement. For all
signs permitted by this Paragraph, the location, number, and design must not significantly diminish the natural
and scenic qualities ofthe Protected Land.
15. Trust's Approval The requirement that Owners obtain the prior written approval ofthe Trust is
• intended to let the Trust study the proposed use and decide ifit is consistent with this Conservation Ease-
ment and maintains or enhances the Conservation Values ofthe Protected Land. Owners shall submit a
request in writing to the Trust at least ninety days prior to the proposed date of commencement ofthe use in
question. The request shall set out the use for which approval is sought, its design and location, the impact
ofthe proposed use on the Conservation Values ofthe Protected Land, and other material information in
sufficient detail to allow the Trust to make an informed judgment that the proposed use is oris not consistent
with this Conservation Easement or would adversely effect the Conservation Values ofthe Protected Land.
• The Trust shall notify Owners in writing ofits decision within sixty days ofits receipt of Owners' request.
The Trust may withhold its approval only on a reasonable determination that the proposed use would be
inconsistent with this Conservation Easement, impairs the Conservation Values ofthe Protected Land,
results in violation of any applicable law or regulation orthat it lacks information in sufficient detail to reach
an informed judgment that the proposed use is oris not consistent with this ConservationEasement. The
Trust may condition its approval on the Owners' acceptance ofmodifications which, in the Trust's judg-
• ment, would make the proposed use, as modified, consistent with this ConservationEasement or protects
the Conservation Values ofthe Protected Land.
16. Public Access No right of access by the public to any portion ofthe Protected Land is con-
veyed by this Conservation Easement.
17. Reserved Rights Owners reserve all rights accruing from their ownership ofthe Protected
Land including, without limitation, the right to engage in or allow others to engage in all activities or uses of
the Protected-Land that are not prohibited or limited by this Conservation Easement, the right to exclude all
or any ofthe public from the Protected Land and to sell or transfer all or part ofthe Protected Land subject
to this Conservation Easement. Owners shall inform all others who exercise any right by or through them on
the Protected Land ofthe terms ofthis Conservation Easement. Owners shall incorporate by reference the
terms ofthis Conservation Easement in all deeds or other legal instruments by which they transfer any
interest, including a leasehold interest, in all or part ofthe Protected Land. Owners shall give sixty days
• prior written notification to the Trust ofa transfer ofall or any part offee title to the Protected Land.
18. C osts and Liabilities Owners retain all obligations and shall bear all costs and liabilities of any
kind accruing from their ownership ofthe Protected Land including the following responsibilities:
56
• A. Owners shall remain solely responsible for the operations, upkeep, and maintenance of
the Protected Land. Owners shall keep the Protected Land free ofall liens arising out ofwork performed
for, materials furnished to, or obligations incurred by Owners.
B. Owners shall pay all taxes and assessments levied against the Protected Land including
any taxes or assessments levied against the interest of the Trust established by this Conservation Easement.
The Trust may, but is not obligated to, make any payment oftaxes or assessments levied against the Pro-
tected Land or the interest established by this Conservation Easement and shall have a right of reimburse-
ment against Owners for such amounts.
C. Owners shall remain solely responsible formaintaining liability insurance for its uses of
the Protected Land and the Protected Land itself. Liability insurance policies maintained by the Owner
covering the Protected Land will name the Trust as an additional named insured. Owners shall hold harm-
less, indemnify, and defend the Trust from and against all liabilities, penalties, costs, losses, damages,
expenses, causes ofaction, claims, demands, orjudgments, including, without limitation, reasonable
attorney's fees, arising out of or relating to (i) personal injury, death, or property damage resulting from an
act, omission, or condition on or about the Protected Land unless due solely to the negligence or willful act
ofthe Trust, (ii) the obligations retained by Owners to maintain the Protected Land and pay taxes in Para-
graphs 17(A) and (B), and (iii) the existence ofthis Conservation Easement.
19. Enforcement Ifthe Trust finds at anytime that Owners have breached or may breach the terms
• of this Conservation Easement, the Trust may give written notice of the breach to Owners and demand
action to cure the breach including, without limitation, restoration ofthe Protected Land. IfOwners do not
cure the breach within thirty days of notice, the Trust may commence an action to (i) enforce the terms of
this Conservation Easement, (ii) enjoin the breach, ex parte ifneeded, either temporarily or permanently, (iii)
recover damages, (iv) require restoration ofthe Protected Land to its condition prior to Owners' breach,
and (v) pursue any other remedies available to it in law or equity. If, in its sole discretion, the Trust deter-
mines that immediate action is needed to prevent or mitigate significant damage to the Protected Land, the
. Trust may pursue its remedies under this Paragraph without written notice or giving Owners time to cure the
breach.
20. Costs ofEnforcement Ifthe Trust prevails in an action brought under Paragraph 19, Owners
shall reimburse the Trust for all costs incurred by the Trust in enforcing the terms ofthis Conservation
Easement including, without limitation, costs of suit, reasonable attorney's fees, and costs ofrestoration. If
Owners prevail and the District Court finds that the Trust brought the action without reasonable cause or in
bad faith, the Trust shall reimburse Owners' costs ofdefense including, without limitation, costs ofsuit and
reasonable attorney's fees.
21. Waiver The enforcement ofthe terms ofthis Conservation Easement is subject to the Trust's
discretion. A decision by the Trust not to exercise its rights of enforcement in the event of a breach of a
term ofthis Conservation Easement shall not constitute a waiver by the Trust of such term, any subsequent
breach ofthe same or any other term, or any ofthe Trust's rights under this ConservationEasement. The
delay or omission by the Trust to discover a breach by Owners or to exercise a right ofenforcement as to
• such breach shall not impair or waive its rights of enforcement against Owners.
57
22. Acts Beyond Owners' Control The Trust shall not exercise its rights ofenforcement against
• Owner for injury or alteration to the Protected Land resulting from causes beyond the reasonable control of
Owners including, without limitation, fire, flood, storm, and earth movement, or from any prudent action
taken by Owners under emergency conditions to prevent, abate, or mitigate significant injury or alteration to
the Protected Land resulting from such causes.
23. Extinguishment Usubsequent unexpected changes in the conditions surrounding the Protected
Land make it impossible to preserve and protect the Conservation Values ofthe Protected Land, this
Conservation Easement can only be extinguished, either all or in part, by proceedings in a court having
jurisdiction. The amount of proceeds to which the Trust is entitled from an extinguishment shall be used
consistent with the preservation and protection ofthe natural and scenic qualities ofland in Minnesota.
24. Proceeds To establish the amount ofproceeds to which the Trust is entitled on extinguishment,
the parties agree that this Conservation Easement has a fair market value ascertained by multiplying the fair
market value at the time ofthe extinguishment ofthe Protected Land without this ConservationEasement by
a fraction, the numerator ofwhich is the value ofthis Conservation Easement at the time of extinguishment
• and the denominator ofwhich is the value ofthe Protected Land without this Conservation Easement. Not
withstanding this, the amount ofthe proceeds the Trust is entitled to shall not be less than the values used to
calculate the Owners' deduction for federal income taxation under Section 170(h) ofthe Internal Revenue
Code.
25. Assignment ofEasement The Trust may transfer its rights and obligations in this Conservation
Easement only to a qualified conservation organization, as provided in Section 170(h) ofthe Internal Rev-
0 enue Code, which may hold conservation easements, as provided in Minnesota Statutes Sec. 84C.01(2) f
(1992). As a condition of such transfer, the Trust shall require the continued enforcement of this Conserva
tionEasement.
26. Notices Any notice or other communication that either party wishes to or must giveto the
other shall be in writing and either served personally or sent by first class mail, postage prepaid, to the
. following addresses or such other address as either party shall designate by written notice to the other:
OWNERS: TRUST:
Minnesota Land Trust
27. Governing Law and Construction This Conservation Easement shall be governed by the laws
ofMinnesota.
28. Entire Agreement This Conservation Easement sets forth the entire agreement ofthe parties
and supersedes all prior discussions.
29. Amendment The parties may amend this Conservation Easement provided that such amend-
ment (i) shall not impair or threaten the Conservation Values ofthe Protected Land, (ii) shall not affect the
• perpetual duration ofthis Conservation Easement, (iii) is approved by the Trust pursuant to its Policy
Statement on Amending Conservation Easements, and (iv) shall not affect the qualification ofthis Conserva-
tion Easement under Minnesota Statutes Sections 84C.01-84C.05 or the status ofthe Trust under Section
170(h) of the Internal Revenue Code.
58
30. Binding Effect The covenants, terms, conditions, and restrictions ofthis Conservation Ease-
ment shall bind and inure to the benefit ofthe parties, their personal representatives, heirs; successors,
• assigns, and all others who exercise any right by or through them and shall run in perpetuity with the Pro-
tected Land.
OWNERS: TRUST:
MPNNESOTA LAND TRUST
By
President
STATE OF MINNESOTA
COUNTY OF
This instrument was acknowledged before me this day of 199_, by
i
III
• NotaryPublic
STATE OF MINNESOTA
COUNTY OF BENNEPIN
This instrument was acknowledged before me this day of
• before me by the President ofMinnesota Land Trust, a nonprofit Minnesota corporation.
NotaryPublic
This instrument was drafted by:
Minnesota Land Trust
70 North 22nd Avenue
Minneapolis, MN 5 54 1 1-223 7
(612) 522-3743
59
. . * A
Model Conservation Easement
Monitoring Report Form
MINNESOTA LAND TRUST
CONSERVATION EASEMENT MONITORING REPORT
(Please print)
Name of property owner:
Date of monitoring visit: Date of last monitoring visit:
Owner contacted prior to visit? Yes No
Did the owner (or owner's representative) accompany the monitor? Yes No
Property Status
. Owner(s): L
Address of property: City Zip
Address of owner: City Zip
Phone: (h) (w)
Has the property changed hands since the last monitoring? Yes No
Ifyes, complete the following:
1) Deed transferred from:
• 2) Deed transferred to:
3) Conservation easement referenced in the deed? Yes No
Present Land Use: How is the land currently being used (in restricted area only)?
Agricultural use:
Forest use:
• Other uses or management activities:
Have any man-made alterations occurred to the property since it was last monitored (i.e. building or road
construction, trails, timber harvesting, etc.)? Yes No_Ifyes, list:
Have any alterations occurred to property by natural causes (i.e. flood, fire, windstorm, etc.)? Yes®
No If yes, list:
Potential problems or specific areas to visit on future inspections;
Easement Compliance
Are there any possible violations ofthe terms ofthe conservation easement?
Yes No_ If yes, explain on back.
Signature ofMonitor Date
• Signature ofLandowner Date
DRAFT
• Vision of Land Conservation Program
The City of Shorewood will work with citizens and non-profit land conservation
organizations in order to maintain Shorewood's natural character without restricting
landowner rights.
Goals of the Land Conservation Program
• Amend the Comprehensive Plan to include: l.) the importance of preserving
open space and natural areas; and 2.) important sites to acquire ranked with input
from citizens; and 3.) measurable objectives.
• The Planning Commission (and Park Commission?) will develop a Natural
Areas/Open Space Plan with input from the Land Conservation Committee.
• • A Natural Areas/Open Space Plan will be presented to the City Council for approval
and will be used to guide development decisions
• Assure that the effectiveness of the Plan is assessed at least annually.
•
Program Vision _
DRAFT
•
Land Conservation Committee Goal
To evaluate and recommend a process for open space preservation in Shorewood.
Land Conservation Committee Objectives
• Recommend objectives and work plan for a land conservation program (in the form of
a committee report?) to the Council by December 1998
• Research conservation tools available local governments for land conservation
• Educate City Council members and Shorewood residents about land protection options
• Create a non-profit Land Conservation Organization to help Shorewood residents
protect their open space and natural areas
• Conduct a policy survey to identify support for public financing of open space
acquisition
• Communicate with Planning and Park Commissions about their roles in the land
conservation program/planning process
• Committee Work Plan
1.
• Refine vision, goals, objectives, and work plan
• Create timeline
2.
• Compile information about undeveloped parcels
• Develop criteria for evaluating and prioritizing sites
• Research conservation tools and develop alternative methods for land preservation
• Educate residents by newsletter s, public meetings, other
3.
• Develop policy survey
• Research creating a land conservation organization and decide if it is feasible
• Form recommendations and an implementation program for City Council
• Work with the Planning and Park Commissions on a Natural Areas/Open Space Plan
• (what do we want to communicate to them?)
W
Erica's Notes on Bond Referenda for Open Space
• Trust for Public Lands
(Cordylia Pearson, Cynthia Whiteford, 338-8494)
TPL specializes in the purchase of properties from willing sellers, with subsequent resale
of the land to public agencies or nonprofit organizations for public open space use. TPL
can assist local governments with identification of potential funding sources and financing
for land acquisitions, can serve as interim title holder while a public agency procures the
funds necessary for a purchase, and can help local governments and community groups to
implement campaigns to mobilize support for natural areas and open space projects and
their funding. They also help local governments with conservation planning and bond
referenda.
Maplewood
Bruce Anderson, Parks Director, 779-3555
Maplewood.has developed 80% of its land. The remaining 20% are wetlands, have water
or steep slopes. In 1993, Maplewood passed a $5 million bond referendum to buy open
space. To date, they have spent $4.6 million acquiring 210 acres of open space. The
process started with residents upset by a proposed development in their neighborhood..
Their grass-roots effort to stop the development failed, but they got other residents and
council members excited about preserving open space.
An Open Space Committee was formed and has had 7-21 members. The committee
evaluated every open space parcel that was greater than 1 acre in Maplewood 96 parcels)-
• They used 18 criteria to evaluate the sites and then prioritized the parcels. The referendum
passed by a wide margin due to committed citizens.
Maplewood used the Land Conservation Bank for the transactions It will cost each tax
payer $24/year for 20 years.
This effort did not spring from the Comprehensive Plan - it was a grassroots effort. The
Comprehensive Plan was modified to re-zone the open space areas from R-1 (commercial)
to P (public). After the referendum was passed, they developed a Land Management Plan
to identify which parcels would have trails, playgrounds, no development, etc....
Woodbury
Bob Klat, 714-3583
Woodbury had $500,000 for open space in a 1994 referendum that passed. They didn't
know which parcels they wanted to buy, so they hired consultants to do a detailed
biological inventory of the city to help prioritize sites. An open space taskforce prioritized
the site based on the inventory. An open space committee then identified specific parcels
that were important.
The surveyed residents to find out specifically if residents would pav for land acduisition
Residents, in the survey, were in favor of funding, land acquisition by 3.1. Their
referendum committee did mailings, signs, articles in local papers (no phone calls) to get
the word out. The referendum passed by a 3:1 margin. Bob Mat indicated that people are
• consistently in favor of paying for open space across the country. He said there have been
many studies to lend support to that.
;LA, /
r
• They would like to acquire 4 sites with 100-150 acres each. The parcels are $10,000/ac.
They are groups of parcels which together would make a good sized open space. The
parcels will be mainly used for passive recreation (no development).
Eden Prairie
Bob Lambert, Parks Director, 949-8440
Eden Prairie's referendum was initiated by the Parks department when they saw a proposed
development was approved by the council on a high quality Big Woods site. Eden Prairie
has a lot of parcels like that left, but the city cannot afford to acquire everything. They
inventoried the remaining unique pieces of land left in Eden Prairie. City staff mapped
300-400 parcels of wooded, wetland, and bluffland sites (totaled about 400 acres and 300
property owners). Prioritized sites to the 7 most important. Then they hired a consultant to
evaluate and rank the rarity of each site.
The city decided that because it did not have grassroots support for the referendum that they
should not ask residents for more than $2 million. Before the referendum. the city secured
options on more parcels it knew it could buy so that if the referendum was successful
landowners (of prioritized 1arcels) couldn't raise their prices. The referendum passed by
83% - they wish the referendum was for more money. After the referendum, they
triggered the options and within 3 months the city owned the property. There are some
large parcels with high quality natural areas so they have also acquired sites with grant
money.
Bob Lambert recommended using the Trust for Public Land for advise, but if a referendum
passes then the city has all the money it needs quickly and would loose money with TPL.
• TPL buys the property at a low rate from the owner and holds it for the local government
unit until they can pay for it. TPL then sells the property at market value to the city. If the
city were going to use general funds to acquire property then the city could pay TPL for the
land over a number of years, in this case it might be useful.
Plymouth
Erik Blank, 509-5201
Studied remaining natural areas thoroughly. Ranked the areas that were more important
than others. One ranking criteria used was if the city needed to purchase the land or not (if
the owner was willing to donate an easement).
Edina
927-8861, spoke with Finance Director
Edina did not acquire any land. It built an ice arena and improved playground equipment in
their parks. The process they went through took 2 years.
The Parks Director held 20 - 30 neighborhood meetings, especially in neighborhoods
around parks. Neighborhood associations and groups were identified and they were sent
meeting announcements. Many people came to the meetings. At the meetings, residents
listed what the parks needed. The meetings were held over a 2 - 3 month time period. The
city developed a list of project to undertake and their budgets. A .referendum. was held in
• May - not November.
• Planning Commission Meeting Notes
16 June 1998
Discussion concerning open space
Brad presented changes to the Natural Resources Chapter of the Comprehensive Plan. These
changes included adding language about preserving open space. In the Goal and Objectives section, the
following objectives were added:
9. Where feasible, preservation of natural open space areas shall be achieved through conservation
easements, acquisition or development regulation; and,
12. Conservation easements and similar methods of preserving open space shall be pursued to ensure
that such areas remain in open space indefinitely.
There had been no mention of open space preservation in the comprehensive plan before these objectives
were added. The Natural Resources Chapter deals primarily with protecting sensitive sites such as
wetlands and steep slopes.
Initially, the wording of objective 9 was "Where feasible, control over natural open space areas
shall be obtained..." Commissioner Panas-Borkon thought that this language was too strong and that
people opposed to open space preservation would latch on to the word "control". Others agreed that the
statement sounded too dominating, and the wording was changed to "Where feasible, preservation of
• natural open space areas shall be achieved.."
There was also discussion about the wording of objective 12. Commissioner Callies voiced
concern about the wording: "...preserving open space shall be pursued to ensure that such areas remain
in open space in open indefinitely." She thought that the city's intent was to buy everything it could with,
tax payer's money and she knew some taxpayers would not want their tax dollars spent buying up every
last half acre of undeveloped land. Her interpretation was that landowners would be pressured into
selling or donating their land if they wanted to or not. She was assured by other commissioners that that
• the intent was to 1) educate citizens about the benefits of donating and selling open space or conservation
easements; and 2) acquire land only if residents passed a referendum to do so. There was then consensus
that the wording was acceptable and no change was made to the addition.
After presenting the changes to the comprehensive plan, Brad mentioned that the land
conservation committee may recommend further amendments. Later, I added that some cities that have
had success in preserving open space in their communities have broad language about open space
protection. Other communities have included objectives of acquiring specific parcels of land.
I gave a brief staff report of the land conservation committee. I indicated that we have only met
once and we are still working on our goals, objectives and work plan. I outlined the three major
objectives that we discussed at the first meeting: prioritizing undeveloped land for preservation, educating
the city council and residents on land protection tools, and to form a land trust organization or find
another way to facilitate land owners that want protect their land.
•
~18
Minnesota Land Trust Member & Volunteer Quotes
•
"I've been searching for years for people who would share my concern for protection of our
natural landscapes and who would organize an effective team to get something done. MLT for me
is like an oasis for the thirsty camel after a hot 30 day trek across a dry, sun-drenched desert."
Harold Dziuk, McGregor, MN
"This contract with the Minnesota Land Trust has removed the specter hanging over us of having
to subdivide our place against our will, and to go the way that a hundred thousand acres of
farmland in this metro area has gone during the past decade. Perhaps we acted just in time... .
Arthur S. Hawkins, Hugo, MN, Retired U.S. Fish & Wildlife biologist
"To see the ground divided up for "starter castles" would make us feel sick. Further, to know that
it could happen after we are gone is equally repulsive."
-John Baird, Stillwater, AM,, Retired fwmer & MLT Board of Directors member
"In my dealings with the [Minnesota] Land Trust I have been treated with the utmost respect. All
questions were answered promptly and accurately. I wish that more people knew of the Land
Trust and the benefits that future generations will reap from the work that the Land trust is
• performing." Bill Kennedy, Motley, MN, Railroad conductor
"I am disheartened by today's value system, where land only has value based on what we can get
out of it. I believe nature has intrinsic value,, and the easement will protect that."
-Jennie Hakes, Monticello, MN, Computer consultant & competitive horsewoman
I have been amazed at the reaction of neighbors and even of total strangers to the placing of this
land in a conservation easement. People continually thank me for the "gift" to the community.
But in fact I consider it a gift to myself to protect forever the land that I love."
-Kay Cram, Maple Plain, MN, Retired teacher
"The property is special to me because it is my home farm.. Me chose to protect this property
because we are discouraged with the urban sprawl taking so much of this area and turning it into
housing developments. There are only 4 farmers left in Columbus Township ...We wanted to
preserve a little of the area as open space for the future."
Don and Sonja Steinke, Forest Lake, MN,, Farmers
•
• Minnesota Land Trust Member & Volunteer Quotes
"We are dismayed by the expansion of development in the Metro area, and would not like to see
our 10 acre lot become part of another development. Nor did we want it to become the site of a
palace that only a millionaire could afford. Limiting the size of the house will, we hope make the
property accessible to persons of middle class incomes." Ed Stevens, Lake Elmo, MN, Retired
"I wanted to preserve an undeveloped segment of lakeshore in a scenic, natural state that will
remain protected from development/subdivision [and enjoyed by] future generations. I'm grateful
the Minnesota Land Trust makes this type of conservation effort feasible for small, private
landowners. MLT is a great organization to work with." Bruce Garbisch, Cook, MN
"We're not saving enough green below and blue above. Everything is black-topped-over.
I think Sherburne County has been raped. They keep talking about Sherburne County being rural
Where? It's not rural anymore--it's urban sprawl." -Margaret Cox, Becker, MN
"We need to protect a little land from the overuse and destruction by a certain element of the
population." Milo Madson, Dassel, MN
"To honor the Above, I feel we must save open spaces." Mrs KR Fowler, Eder Prairie, MN
"Despite the fact that the wildlife munch on our landscaping, we have grown to love the deer &
fawn, woodpeckers, and stately oaks which all live on the property."
Henry Tazelaar, Rochester, MN
"Thank you for your good, efficient, decent, proper wonderful work. [Your work is a] wonderful
service to humanity. We very much appreciate how you handled it." Henry Hyatt, MRIs, MN
"Our partnership with MLT will protect the Lakeshore for future generations to eiijoy. We'll look
forward to a site visit this year and in years to come." Bruce Garbisch, Cook, MN
•
MINNESOTA LAND TRUST
• Conservation Easement Overview
A. Easement Defined
A conservation easement is a legal tool that allows a landowner to limit development of their land.
A conservation easement with the Minnesota Land Trust is voluntary, flexible and perpetual.
With an easement, the landowner and the Minnesota Land Trust mutually agree to limit residential
development, commercial development and mining/logging.
B. What Landowner Retains With Easement
With an easement, the landowner retains:
• ownership of property
• private status of land
• right to sell land
• right to transfer land to heirs
• right to farm
• water rights
• continued enjoyment of the land's natural, rural and space features.
C. Impact of Easement on Landowner Rights
In donating a conservation easement, a landowner only gives up the right to residential and
commercial development, as well as mineral rights.
D. Benefits to Donating Conservation Easement
There are many potential benefits for the landowner in donating a conservation easement to the
Minnesota Land Trust:
• Charitable deductions for state and federal income tax
• The potential for reduced property taxes (this depends on the way that your
property was previously assessed),
• Reduced estate taxes for your heirs. If your estate value is above $600,000
your heirs will owe estate taxes. Believe it or not, it isn't difficult for
the value of one's estate to rise above the $600,000 mark. For instance,
although a landowner's property may today be assessed as farmland,
once the land is rezoned or sold for development, the value is land is based on its
full development potential.
• Peace of mind. With a conservation easement, a landowner has the opportunity
to leave a legacy that reflects his/her appreciation of natural beauty, Open
space, wildlife and/or rural heritage. A landowner also had the peace of mind
of knowing that the land he/she loves will stay the way he or she wants no
matter who owns it in the future.
•
E. Typical Conservation Easement Process
•
The typical process for completing a conservation easement includes:
1. Landowner makes initial contact with Minnesota Land Trust
staff or chapter volunteer.
2. General information is provided over the phone and landowner is provided
with written information about the MN Land Trust.
3. Landowner contacts MN Land Trust for further information,
questions, etc. Depending on timing issues, plans are usually
made for an initial visit to property.
4. MN Land Trust staff or volunteer visits with landowner at his/her
property and collects information necessary to create draft easement.
5. If landowner is still interested, MLT staff prepares and mails a draft
easement to landowner for review and comments.
6. Depending on individual circumstances, the landowner may proceed
by discussing easement further with family, lawyers, financial advisers,
and perhaps ordering a property appraisal (this is necessary to determine
the income tax deduction).
7. The easement is presented to the MN Land Trust Board of Directors for
discussion and approval.
8. A baseline property report is prepared to document the condition of the
land at the time the easement is signed.
9. The easement is signed and filed with the county recorder.
10. Property monitoring visits are coordinated annually between an MLT staff
person or volunteer, and the landowner.
I
•