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Conservation Open Space ace Plan p p
for the City of Shorewood
' The preparation of this report would not have been possible without the
dedication of numerous Shorewood Residents who gave unselfishly of
1 their time and talents.
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TIAe Oil of cV orezv0002 Bemis:
The Land Conservation and Environment Committee
(LCEC)
Paula Berndt Anthony Pini
David Downs Greg Ranallo
Lucinda Kircher Donna Woodruff
Former Members of the LCEC
Fred Bruno Joel Jurgens
Tom Schmid Dave Gosen
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and Dan Dickel, Environmental Consultant
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ITable of Contents
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Page
IExecutive Summary i
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I. Introduction ..1
Goals, Objectives and Policies .2
III.
III. Open Space Plan ..4
IIV. Implementation ..13
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Appendix A— Environmental Consultant's Report
Appendix B — Sample Legal Documents
Appendix C — Land Conservation Resources
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' Conservation Open Space Plan
for the City of Shorewood
' Executive Summary
' In June of 1999 the City of Shorewood established the Land Conservation
and Environment Committee (LCEC) to develop a plan for increasing the
' amount of conservation open space in the City of Shorewood and serve as an
educational resource for the community. What follows is a summary of the
conclusions and recommendations of the LCEC:
• Conservation open space can be defined as any undeveloped land or
' natural landscape feature with scenic, aesthetic or conservation value.
• The City of Shorewood is over 90 percent developed and has
' experienced increased development pressure on remaining
undeveloped land.
• The desirability of the area and the scarcity of remaining land have
' driven up the cost of land.
• The plan sets forth various ways that the City can acquire
' conservation open space. The report recommends that the City focus
on acquisition of conservation easements through private donation,
the development process (e.g. P.U.D.), or purchase.
' • The outright purchase of land parcels is not considered feasible at this
time. Any such effort would require the successful passage of a bond
' referendum.
• Conservation open space should be evaluated based upon criteria set
forth in the plan. Not all land is suitable for conservation purposes.
' • The City should establish a dedicated fund for land conservation
purposes. Revenue for this fund would come from grants, donations
' and an annual contribution from the City's general fund.
• The LCEC recommends that the City budget at least $10,000 annually
' as "seed money" for future grant applications and for the purchase,
where necessary, of conservation easements.
• The City has been most effective at acquiring conservation open space
' through the development process. Although the amount of
developable land is diminishing, opportunities to preserve sensitive
areas continue to present themselves as the remaining inventory of
vacant land is developed and as redevelopment occurs.
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I • Property owners surrounding Gideon Glen should be contacted
individually and invited to meet with representatives of the City to
IIIdiscuss the Gideon Glen project as well as plans for their own
properties. From those meetings, the City can determine the level of
I interest or opposition to obtaining conservation easements adjacent to
Gideon Glen.
• The work of the LCEC should be continued by a standing citizen's
Iadvisory group that would work with land owners, educate the public,
bring environmental issues and ideas to the City Council, and monitor
I future grant programs that may arise.
• Both the City newsletter and the City's website should maintain
regular columns to carry articles relative to land conservation and the
Ienvironment.
• Numerous publications relative to land conservation are made
I available through government agencies and nonprofit organizations.
The City should maintain a library of such publications for use by
I • residents interested in land conservation.
The City should be willing to assist landowners by providing sample
legal documents for their use. In all cases, the owners should be
Iadvised to consult with their own attorneys, accountants, etc.
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II. Introduction
IShorewood is a suburban community on the western edge of the Twin Cities
Metropolitan Area. With more than 90% of its land already developed, and real
I estate values rising steadily, the pressure on remaining open space has become
enormous.
IIn 1998, in response to this concern, the City formed the Ad Hoc Land
Conservation Committee, charged with identifying land conservation tools, and
I establishing a process that would facilitate the protection of open space in
Shorewood. The Committee's findings were included in A Report to the City
Council of Shorewood on Land Conservation, dated 14 December 1998. Since
Ithen the City has formed a follow-up committee, the Land Conservation and
Environment Committee (LCEC) to prepare a Conservation Open Space Plan for
I Shorewood. An environmental consultant was commissioned by the City to assist
the LCEC in its evaluation of remaining open space parcels in the community. The
consultant's findings and recommendations are included as Appendix A of this
I plan.
I Why is the City of Shorewood interested in protecting open space? What is
conservation open space and what does it do for us? Conservation open space can
be defined as any undeveloped land or natural landscape feature with scenic,
Iaesthetic or conservation value. Natural areas give us a distinct sense of place,
providing passive recreational and educational opportunities, and aesthetically
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enhance our community.
In addition to quality of life issues, the natural landscape functions in several ways
Ito benefit citizens by:
I I . Filtering and cleansing air and water;
• Recycling water, including recharging ground water;
• Intercepting rain and snow, thereby slowing and reducing runoff;
I • Providing habitat for plants and animals;
• Providing passive recreational and contemplative opportunities.
I "Gray" infrastructure (e.g., roads and buildings) has traditionally been the focus of
developing communities. Many resources have been put into gray infrastructure
Ibecause it provides us with valuable services, but it requires ongoing maintenance
and repair. "Green" infrastructure such as natural areas has relatively little
Ioverhead, requires little maintenance, and appreciates in value over time.
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Natural areas offer a great deal to our communities, but their contributions are
sometimes taken for granted. Now the elimination of green space is a very real
threat, and it is the goal of the City to work with citizens to acquire and protect
open space in Shorewood. This plan is intended to establish a process that will
permanently protect and increase natural open space in the City of Shorewood, to
serve as an educational resource for the City Council, advisory commissions, and
property owners regarding land protection options and the benefits of a continuing
conservation effort.
II. Goals, Objectives and Policies
The Shorewood Comprehensive Plan contains goals, objectives and policies
relative to natural resources that are worth repeating here.
Natural Resources Goal
' The City will establish guidelines and adopt regulations to ensure preservation and
protection of the natural environment.
Natural Resources Objectives
1. Development is to be compatible with features of the natural environment
and preserve environmental features and natural amenities.
2. The natural and aesthetic quality of Shorewood's lakeshore is to be
maintained and where feasible improved.
3. Creative development designto ensure the protection and enhancement of
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' those portions of the community containing unique physical features (e.g.,
topography, woodlands, etc.) is to be encouraged.
' 4. Natural wildlife habitats are to be provided protection to ensure against loss.
5. The environmental balance between natural and man-made physical features
is to be maintained through proper land use development policy.
6. Shorewood's trees and vegetation are valuable assets and consideration is to
be given to their preservation and protection.
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I7. All environmentally sensitive areas (e.g., wetlands, shorelands and flood
plains are to be protected.
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lakes' ecological systems are to be conserved and protected for future
8. Allaes e g y
Igenerations.
9. Where feasible, control over natural open space areas shall be obtained
Ithrough conservation easements, acquisition or development regulation.
INatural Resources Policies (select)
1. Development on or near shorelands, wetlands, flood plains and other natural
Ifeatures, that perform important environmental functions in their natural
state, shall be restricted or prohibited.
I2. Natural drainage patterns shall be preserved wherever feasible.
I3. Environmentally sensitive areas such as wetlands and wooded areas are to be
acquired or publicly controlled, when necessary to preserve their integrity.
I4. Conservation easements and similar methods of preserving opens space shall
be pursued to ensure that such areas remain in open space indefinitely.
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Land Use Policies (select)
I1. Identify parcels of land with the potential to be set aside as permanent open
space and explore means of obtaining conservation easements for financing
Ithe acquisition of such parcels.
I It is recommended that policies specific to land conservation be incorporated into
the Natural Resources chapter of the Comprehensive Plan.
ILand Conservation Policies (specific)
1. Accept land donations if there are few costs associated with holding the title,
the local tax base is not adversely affected, the property has conservation
value, or an easement donation is not feasible for the landowner.
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2. Accept perpetual conservation easement donations on land that meets the
ICity's criteria for important open space.
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3. Assist property owners in donating land or granting conservation
' easements*:
I . Establish and maintain a resource library for use by the public (including
publications by the Minnesota Land Trust, Nature Conservancy,
Minnesota Department of Natural Resources, the Trust for Public Land
and other agencies);
• Provide sample legal documents for use of property owners (see
' Appendix B);
■ Pay the cost of Owners and Encumbrances (O&E) Report where
necessary;
• Consider a special assessment program to assist neighborhoods in
acquiring conservation open space.
*Always advise owners to consult with their own legal and accounting
advisors.
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4. Budget annually to provide financial incentives for high quality open space
where tax deductions are minimal or not available.
5. Consider, but do not require, provisions for public access to conservation
' open space.
6. Publicize conservation and land donations in the City newsletter, the City
web site and through memorial plaques and site signage.
7. As land becomes available through tax forfeiture, consider setting it aside
for conservation open space.
III. Conservation Open Space Plan
Land Protection Measures
The 1998 Land Conservation Report identified several tools available for cities and
property owners interested in conserving open space. Following is a brief
' summary of these tools:
1. Conservation easement and land donations. This method is voluntary on the
part of landowners. A conservation easement is a legal agreement whereby
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landowners offer to limit development of all or some portion of their
property. Land donations are just that, where property owners actually give
the land to the City or to a conservation organization, with or without
stipulations (e.g.; access or use restrictions). Although there is no purchase
cost to the City, there can be holding costs associated with such gifts of land
or easement. Consequently, acceptance of these gifts should meet the City's
criteria for conservation open space.
2. Land Registry Program. In a land registry program, landowners enroll their
' land with a conservation organization and make a non-binding pledge to
protect their land. Registered landowners are recognized for their
stewardship at some sort of ceremony or public event.
Private Open Space Acquisition.3. Special Assessment Program for This v p p
' program allows the City to loan money to citizens to purchase open space in
or near their neighborhood. The loan is repaid through a special assessment
against the properties of those petitioning for the loan. A land conservation
' easement is granted over the subject property in order to ensure that the land
is protected in perpetuity.
4. Transfer of Development Rights (TDR). This allows developers to purchase
development credits from people who own open space. A conservation
easement is required over the open space land. The developer is then
allowed to transfer the allowable density from the conservation parcel to the
development parcel. This tool is best use in agricultural areas to restrict
residential development from encroaching on faiiiiland.
5. Purchase of Development Rights (PDR). Through a PDR program the City
would buy conservation easements on land that had been identified as
' important open space.
6. Outright Purchase. The City buys land parcels to be set aside as peunanent
open space. This option, while the most expensive, provides the most
flexibility as to how the property may be used.
Obviously the least expensive of these options is the land or conservation easement
donation. Unfortunately, tax reductions for such donations are not always
adequate to provide an incentive for property owners to make the donation.
Nevertheless this remains the most promising way for Shorewood to implement a
' conservation open space program. Given the limited amount of undeveloped land
remaining in Shorewood and the relatively low densities prescribed by the
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Comprehensive Plan, a TDR program is not recommended. Some type of PDR
program may prove to be effective in providing financial incentives to land owners
' where little or none exist otherwise. Purchasing property is expensive. For
example, the parcels identified by the environmental consultant (see Appendix A)
' have a very conservative estimated market value of nearly $10,000,000. Pursuit of
this option would likely require funding through a bond referendum.
In the past two years, the City has used these tools to set aside five parcels of land
in Shorewood. Also, conservation easements have been acquired in the past
ithrough the Planned Unit Development process as land has been platted.
For more details on these conservation measures interested parties should see Land
' Protection Options, A Handbook for Minnesota Landowners, published by the
Nature Conservancy, the Minnesota Department of Resources, the Trust for Public
Land, and the Minnesota Land Trust.
Conservation Open Space Criteria
' Not all vacant land is suitable or desirable as conservation
open space. Nor could
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the City ever afford to acquire the land parcels remaining in Shorewood. As such,
some set of criteria must be established for considering the preservation of open
space. The City of Minnetonka, in formulating its Open Space Preservation
' Policy, arrived at the following:
'I . Sensitive environmental features. Properties that contain or are near
sensitive environmental features should be strongly considered for
protection. Sensitive environmental features particularly include wetlands
but may also include unique stands of trees, water bodies such as creeks,
significant geological features, high quality natural resources, and unusual
' habitats.
■ Provision of a buffer. Properties that buffer a neighborhood from the noise
or light of competing land uses should be considered for preservation.
Properties that buffer trails, parks or other open spaces from development
may also be important because they maintain the aesthetics of those areas.
'I . Visibility. Properties that are highly visible should be considered for
preservation where the property in question meets one or more of the other
preservation criteria, such as the presence of sensitive environmental
features.
■ Size and linkage to other areas. Priority should be given to the preservation
' of larger parcels. Properties that provide a link to other open areas should
also be considered for preservation. Where the property in question is
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adjacent to, and would function as part of, existing open space or would
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create a corridor linking open spaces, then preservation of smaller rather
Ithan larger parcels may be appropriate.
These criteria are relatively concise and should be used by Shorewood in
111 evaluating parcels for protection a• s conservation open space.
Priority Areas for Open Space Protection
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After reviewing the inventory of undeveloped and underdeveloped land in
Shorewood, the City's environmental consultant recommends focusing• on four
areas within the community. A fifth parcel of land (Carmichael's Auto Salvage
IYard) has been cited as an environmental issue. The following pages contain maps
and brief summaries of the areas recommended for some sort of consideration• :
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I Area 1
ILocation:
Five parcels of land on the east side of Smithtown Road, immediately north of the
IShorewood/Victoria municipal border
Size:
I Approximately 34 acres
Assessor's estimated market value:
$120,000 (Note: This considered unrealistically low.)
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Area 2
ILocation:
Three parcels of land located on the west side of Smithtown Road, across the street
Ifrom Area 1
Size:
I Approximately eight acres
Assessor's estimated market value:
$5,472,000
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I Area 3
ILocation:
The Minnetonka Country Club, located between Yellowstone Trail and Smithtown
IRoad, immediately west of Country Club Road
Size:
I Approximately 115 acres
Assessor's estimated market value:
$2,293,000
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Area 4
' Location:
The rear of several properties that surround and abut the Gideon Glen property at
' 5620 County Road 19
Size:
As much as six acres
Assessor's estimated market value:
Not determined
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I Area 5
ILocation:
Carmichael's Auto Salvage Yard, located at 20775 Manor Road
I Size:
Four parcels totaling approximately 11 acres
I Assessor's estimated market value:
$429,000
I (Note: Plans are being reviewed for the development of this site for 24 twin-home
units.)
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IV. Implementation
Funding Sources
The financing of conservation open space programs is addressed quite
thoroughly in Natural Areas: Protecting a Vital Community Asset, A
Sourcebook for Minnesota Local Governments and Citizens, an excellent
publication prepared by the Minnesota Department of Natural Resources.
Some of the various tools identified in that report for financing land
conservation include:
• Special funds
• Bonding meaures
• Benefit assessment
• Acquisition of tax forfeiture Lands
' • General funds
A special fund is a distinct account within the City's operating budget that is
earmarked for a definite purpose —in this case, conservation open space.
One source of such money can come from cash payments from developers in
' lieu of park dedication fees. As developable land in Shorewood diminishes,
the amount of park dedication money decreases. Since the current needs of
the park system exceed expected revenues from park dedication, it is not
recommended that land conservation compete for that money. However, the
special fund can still be set up as a depository for grant monies, donations or
other contributions toward land conservation.
The City can bond for conservation open space. General obligation bonds
would be repaid through the general fund and would require a successful
referendum to be approved by Shorewood voters. As noted earlier in this
report, if the City were to acquire all of the sites identified in the previous
section, it would require a bond referendum of over $10,000,000. Prior to
any extensive referendum effort, the City may wish to poll Shorewood
residents relative to the interest in this type of expense. This could be
accomplished through a community survey.
Benefit assessment may be a measure with some promise. If, for example, a
neighborhood or group of residents wished to acquire land for conservation
' open space in its area, the City could finance the purchase, assessing the cost
back to the properties of those interested in preserving the land in question.
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This tool should only be used where the City will receive a conservation
easement over the subject property.
' Periodicallythe Cityreceives notice of the availabilityof land through the
tax-forfeiture process. The City has taken advantage of this process in the
past to obtain control over wetland areas. All tax-forfeit property should be
examined for its value as conservation open space.
Localgovernment budgets are beingstretched to new limits as the State has
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' eliminated (for Shorewood) Local Government Aid (LGA) and drastically
reduced Market Value Aid (MGA). These cuts are compounded by the
State's imposition of levy limits on local government. Nevertheless, the
' most effective and reliable source of funding for conservation open space
remains the City's general fund. Just as money is set aside annually for
parks, a similar amount could be set aside for conservation efforts. One
source of funding for this effort could be to dedicate some portion of the
revenue received from telecommunication leases. Some of this money was
used in the past for the acquisition of the Gideon Glen site. The rationale is
that money from the otherwise blighting presence of telecommunication
facilities can be put to a long-term environmental benefit. Whereas,
hopefully, the telecommunications antennae will one day be replaced by
other technology, the acquisition of conservation open space will be
perpetual.
' It is the recommendation of the Land Conservation and Environment
Committee that the City demonstrate its commitment to land conservation
by budgeting at least $10,000 per year toward conservation open space.
Obviously, this amount of money will not go far toward the outright
purchase of land. Rather, the money should be used as "seed money" for
future grant applications and for the purchase, where necessary, of
conservation easements.
Conservation Easements
' Conservation easements are viewed as the most cost effective means of
setting aside open space. The first target of acquisition should be the
properties surrounding the Gideon Glen site. Most of these parcels consist
iof deep, but narrow, lots that can not be further developed without
substantial cooperation between land owners. Whereas little incentive exists
' in many cases to giving the land away, property owners could at least
receive some financial benefit by selling, albeit at modest cost, conservation
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easements to the City. Even a token amount may be enough to reduce the
pressure imposed by developers out looking to combine and redevelop
Iexisting parcels of land.
I The City has been most successful in obtaining conservation easements
through the development process. Through the use of a zoning tool known
as Planned Unit Development (P.U.D.), several land developments - most
Inotably Marsh Pointe, Watten Ponds, Apple Ridge and High Pointe - have
been allowed to plat smaller lots than existing zoning would otherwise
I permit. In exchange, significant areas of environmentally sensitive land
have been set aside through conservation easements dedicated by
developers. Although Shorewood is nearing full development, and such
Iopportunities will become more scarce, the City should remain open to using
the P.U.D. process to achieve land conservation.
IMeeting with Landowners
IUnless the City intends to pursue a bond referendum for the acquisition of
land, it is suggested that contact with land owners be limited at this time to
I individual and personal invitations from the LCEC Chair or the Mayor to
learn more about the benefits of land conservation. Those who may be
interested should be referred initially to City staff, but ultimately to
Ivolunteer citizens versed in land conservation. In all cases, people interested
in exploring conservation options should be encouraged to consult with their
I own advisors (tax, estate, legal, real estate, etc.) before conveying land or
easements.
IThe owners of property surrounding Gideon Glen should be contacted
individually and invited to meet with representatives of the City to discuss
I the Gideon Glen project as well as their plans for their own properties. In
those meetings, the City can determine the level of interest or opposition to
obtaining the easements and get some sense of how expensive the program
Iwould be.
ICommunity Education
This report represents the culmination of the Land Conservation and
IEnvironment Committee's work. The message of land conservation must,
however, continue to be spread. Initially it was suggested that the
I conservation effort would be continued by an ad hoc committee made up of
one member each from the Planning Commission, Park Commission and
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ICity Council. The LCEC recommends that there would be substantial
benefit to the City in having a standing citizen's advisory group that would
Icontinue to work with land owners, educate the public, bring environmental
issues and ideas to the City Council, and monitor future grant programs that
I may arise. Members of the current LCEC have offered to serve in this
"grass roots" capacity.
ITwo of the most useful tools in educating residents are the Shorewood
website and the City newsletter. As part of community education it is
I recommended that both of these venues maintain a regular column to carry
articles relative to land conservation and the environment.
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Shorewood Planning Department Photo
IResources for Landowners
IThere are numerous publications made available through government
agencies and nonprofit organizations. A library of these publications should
Ibe kept on file in the City offices and made available on loan to residents
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I interested in land conservation. Appendix C contains a list of material
available for review. This list should be updated periodically as new
material becomes available.
I
Another resource that can be made available to the public is people. There is
I nothing more helpful than talking to someone who has gone through the
experience of donating land or easements for conservation purposes.
Property owners who have gone through the process are often willing to
Ishare their experience with others and are perhaps the best ambassadors of
land conservation. The City should maintain a list of those who would be
I
available to discuss their experience with others.
Sample Legal Documents
I
The legal costs of preparing deeds or easements can deter property owners
I from land conservation measures. In this regard, the City should be willing
to assist in providing sample documents for the use of donors. Appendix B
provides sample documents that can be used in the land conservation effort.
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. r• EUREKA NEIGHBORHOOD ,
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I 1 THE MINNESOTA LAND TRUST 4' „ -
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Shorewood Planning Department Photo
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I Appendix A
Environmental consultanes Report
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An Environmental Review and Recommendation of Open,Developing and Underdeveloped Land
1 in the City of Shorewood
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A Report Compiled by Daniel Dickel for the City of Shorewood
1 August 27,2002
1
This is an internal report that is intended only for analysis of open space and not for general distribution.
This report contains information supplied under a license agreement with Hennepin County Taxpayer
Services that includes the restriction that this information may not be disseminated or used by anyone or
1 for any outside purpose other than for analysis by the City of Shorewood Staff and Board members, its
consultants, or committees.
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Shorewood Environmental Summary
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This report, in general,addresses the remaining open lands or underdeveloped land within the boundaries
' of the City of Shorewood. A site-by-site review was conducted of the open or underdeveloped(land that
has the potential of subdivision or further development) properties throughout the city. These properties
were subsequently mapped and stored in a database using street addresses(where available)and property
identification numbers(PID's)to further identify the properties.
' Estimated property values and acreages are included within the database and were derived from Hennepin
County's Taxpayer Services tax assessment records for the year of 2001. Special features of some of the
parcels are noted in the database in a "Comment" field. All parcels in the database were reviewed with
' an on location visit although some of the wetlands were only marginally walked upon, and some parcels
were reviewed from adjacent properties or public roads.
General Environmental Features
Shorewood has some remnant"big woods", a boreal, deciduous forest that mixed into the savannahs of
the prairies to the west prior to the European invasion,although little of the original "big woods"forest
' still remains today after development. Some of those woods were part of a wet forest, comprised
' originally of basswoods,maples, aspen,tamarack, and poplar. The preponderance of the current tree
canopy for Shorewood is on privately owned land, with a very small portion of that canopy remaining on
publicly owned properties. Most of the parks are open recreational open lands and contain little amounts
of significant timber or tree cover. Overall,there is still a reasonable community canopy, but in the
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' recommendation, more detail is about protecting and increasing the total number of trees within the
community.
Shorewood is also a land of water and is an integral part of the Minnehaha Watershed District, to a greater
extent, and the Riley, Purgatory Bluff Creek Watershed District,to a lesser extent,on the southern
extreme of Old Market Blvd. Both are sub-districts to the Upper Mississippi River Basin, a massive
upper midwestern landmass area from many states that collects water that ultimately empties into the Gulf
of Mexico via the Mississippi River. Almost all of the water systems and fluvial movement within
Shorewood, with a few exceptions, empty into one of the larger area lakes, Lake Minnetonka, Lake
Virginia or Christmas Lake. The City is dotted with any number of wetlands, small streams, springs or
' backwater areas to these surrounding lakes. Some of the wetlands are large, significant and unique
because of their proximity to the lakes and as habitat for large numbers of migratory and permanent birds.
' These wetlands are also critical to the survival of certain insects, bats, frogs, snakes, lizards, snails, turtles
and small fish.
Open Land and Underdeveloped Land Statistics
Open land has been separated by several classifications in a database of real estate for the City of
' Shorewood. The classifications and designation leading to those classifications are the result of
interviews with the City of Shorewood staff and the records of Hennepin County Taxpayer Services. The
' following information is meant as a guideline for making informed decisions about remaining open space
within the City and future potential uses. The database printout in table format is contained in Exhibit
"A" and was used to generate a map of the open spaces. The map is in Exhibit"B".
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The different classifications and acreages are as follows:
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Database Acreages Definition of Classification
Classification
' Open 240.77 Open space with potential for development
NFD 350.83 Open space with no further development with existing zoning
PDev 325.92 Underdeveloped land with the possibility for further development
' through subdivision or added right-of-way
City 158.66 City owned land
SW Parks 79.05 City owned Parks
' HC 12.28 Hennepin County Tax forfeited land
HC Parks 33.16 Hennepin County Parks
Consery 12.35 Conservation easements
Golf .1.114.78 Golf Club
' 1327.80 TOTAL ACREAGES
Statistical Summary
There is a total of 1327.8 acres of total land in the database with 325.92 acres containing some kind of
' private structure, which might be only a shed or it could be a house on a larger parcel of land. Those
325.92 acres are capable of being further divided.
All open lands combined, with no structures on site other than some municipal facilities, equals 853.94.
This figure includes open land(open), conservation easements (conserv), Hennepin County forfeited land
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and parks (hc and he parks), Shorewood Parks(sw parks), and no further development land(nfd) but
excludes the possible development acreage of 325.92 (pdev), and the golf course's 114.78 (golf). Adding
back a majority of the golf course(100 acres of undeveloped),the figure of open land is in excess of
953.94 acres.
Most of the designated green spaces owned by the City of Shorewood for general public use are open
recreational land. There is very little natural or undisturbed area and very little true woods,with some
fringe woods and re-growth areas in Freeman Park. The one noted exception to this is the newly acquired
' Gideon's Glen with a mature wood to the back of the property, but this also has a large area of combined
wetland and re-growth area that doesn't contain much mature tree cover.
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There are large natural areas of wetland and these, as a whole, are adequately protected with some
recommendations made to assist in, or enhance the protection and/or restoration of some of the wetlands.
Environmental Recommendations and Considerations
Exotics
Of the open land owned or controlled by the City,aggressive exotic species are infiltrating in some of the
natural areas. These include, but are not limited to common buckthorn, garlic mustard, purple loosestrife
' and reed-canary grass. Some native plant species are losing ground to encroaching development and run-
off, exotic(non-native)earthworms, and exotic aggressive plants.
' Definitive steps should be taken and are available to control common buckthorn and garlic mustard.
Reed canary grass is very labor intensive to eradicate and requires a cooperative approach from owners of
5
all areas around the wetland that might contain populations to prevent it from rapidly returning. This
plant is not easy to control,but an effort should be made to maintain some natural wetland areas without
reed canary grass taking control.
Natural preserve areas should be included in the inventory of green spaces where native species and
habitat can exist, be monitored and protected, as needed. Interpretive areas provide communities with the
knowledge and experience to respect and recognize natural systems. They also provide minimum islands
' for the survival of any number of species of indigenous wildlife, thereby helping to maintain natural
biodiversity.
' Canopy
Trees are an essential
part of the quality of life in Shorewood. Tree planting should be encouraged, with a
greater participation and commitment to Arbor Day. Native species should be selected wherever possible,
to insure winter hardiness and proper adaptation. Open areas need to be supported around trees to provide
adequate root zones for feeding and support.
Some communities have adopted a Tree Heritage Program, which allows property owners to register their
' more mature trees for special consideration and recognition. In some cases,tax incentives or community-
based incentives have helped defray the cost of pruning or maintaining a tree. This approach expands
' stewardship and awareness of maintaining a good tree cover. Where tree cover has been lost in urban or
' suburban settings,heat islands occur causing diminished local rainfall and increased energy needs.
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Wetlands
Riparian buffers of shrubs and trees along with conservation easements help increase the"safety zone"
Iaround wetlands and prevent high velocity water containing high loading that causes subsequent erosion
and life-threatening murkiness in water.
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Turf, in a hard rain, acts as an impervious surface and should not be encouraged close to bodies of water
or wetlands. Impervious surfaces produce high velocity run-off that contains particulate matter, and
Icontaminants. Community education should be encouraged to try and convince property owners to plant
low shrubs at waters edge and not lawn.
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Run-off in an urban/suburban watershed also contributes to destruction of creeks and streams by causing
undercutting in banks, resulting in streams becoming wider and shallower. This causes urban streams to
seasonally go dry, and prevents natural water life to exist within the stream. Natural tree corridors,
riparian buffers and protective easements should be encouraged near any streams or flowing water.
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A surface hydrological study should be required of all new development, describing how any new
construction or re-grading of a building site is going to impact the existing watershed. Particular attention
should be paid to any natural springs or seasonal water flow across the property prior to development.
Grading and backfilling was noted on some of the properties surrounding the wetlands on property ft 160.
IThis left a steep bank with a very sharp grade down to the water's edge with the obvious goal of
providing a level lot for the homeowners. This type of filling should be prevented near any body of water.
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' Natural slopes should be left intact wherever possible with no disruption to the plant communities or roots
found on these grades. If additional planting is necessary for bank stabilization or to prevent erosion,
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dommimmommimomommosommiiiil
native species of poplars, willow and dogwood can be planted through the process of"sticking"cut
saplings in early spring into the banks without disturbing the soil.
1 Additionally, parking lot and driveway designs should be explored that will allow absorption of water and
aren't totally impervious. Codes should be reviewed and updated to allow design concepts that provide
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for diffused handling of water and absorption on-site instead of the more usual case of run-off.
Alternatives to asphalt should be sought. Dry wells, sunken vegetative islands, Rhizofiltration ponds,
grate based surface blocks with gravel fill; all provide alternatives to solidly paved surfaces.
' General Recommendations
Owners of pivotal properties bordering environmentally sensitive areas should be educated through public
gatherings and asked to participate in conservation easements. Packets of templates and step-by-step
handbooks should be distributed to answer as many questions as possible about the process of granting an
easement. A list of professionals willing to help with the process should be made available to the
property owner, along with the names of those who have completed the process and are willing to
comment.
Currently the tax laws don't always provide a benefit to a landowner who participates in an easement
' program. Arguably, it could even cost a landowner, under certain circumstances, if they participated. A
' property tax credit option has been explored, and the general consensus of Hennepin County Department
of Taxpayer Services and the County Assessor's Office was that while no such credit exists, Shorewood
should stand ready to join in a metro wide effort of support for a legislative initiative to offer such a credit.
The hypothetical legislation would enact a property tax credit classification for property owners granting
an easement. A number of classifications of property tax credits already exist for property owners, and it
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should be a fairly straightforward legislative effort to add one more classification to the existing group.
However, no current support coalition has been organized. It is recommended that Shorewood Council
' consider a statement of support of such an initiative to encourage other communities to look at this option.
In the interim, it is recommended that the City of Shorewood create a program that might offer to
' purchase easements under certain circumstances. It would be hoped that most owners might consider
providing an easement without an incentive, but in order to protect certain natural features, it might be
prudent to have the ability to buy an easement.
It is important that Shorewood to include in any easement agreement, a statement to the effect that if the
property owner fails to live up to the conditions of the easement,that the legal costs of enforcement of the
easement is the property owner's responsibility. This is not so important with the initial property owner
who forms the agreement with the city,because their intent is obvious, but for subsequent owners who
may not have the same agenda.
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' Property Recommendations
1. Of all of the properties reviewed, one block of property stands out as a very unique and outstanding
community resource. This is the block of properties #98,99, 100, 101,and 102.
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This total block of land represents 33.853 acres of land with two of those parcels(99 and 100)equaling
21.426 acres owned by private parties, and two parcels (98 and 101) equaling 12.427 acres being held by
' Hennepin County as tax forfeited land, reportedly available at no cost to Shorewood. The fifth piece
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' (102) is owned by an association with an easement deeded to Shorewood and equals 3.05 acres, more or
less, because it is a wetland on Lake Virginia.
' This land holds great promise as a natural preserve, with old woods, hills, and wetlands on Lake Virginia.
Because two of the five parcels are already available to Shorewood at no cost,and the third is in
conservation easement, it makes great sense to try and obtain the remaining two parcels to combine them
as one continuous piece. Because of the undisturbed and pristine nature of the parcels, little needs to be
invested or done to create a natural area with small interpretive trails.
The first step in implementing the acquisition of the privately held land should be to contact the current
owner of the Ridinger property. A delegation should try and present the idea of this possibly becoming a
Ridinger Natural Wildlife Area and Preserve with the overture of a donation. If this approach fails,then a
' referendum might be necessary to try and raise funds to accomplish a purchase. Grants might also be
' available to assist a community with trying to acquire a natural area, but this will require further research.
In general, it is recommended that monies be set aside to try and acquire this land.
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' The other privately held property in this block of land belongs to the Boulder Bridge Farm, Inc. It
appears that if it were to be developed,this property can only have one house placed on the property with
the present zoning. Therefore,the owners might be cooperative in helping toward the goal of forming a
preserve. It is recommended that a budget for purchasing the Ridinger property should also include the
funding to acquire this land.
2. Across Smithtown Road from the above block of land are three parcels of privately owned land ,#90,
91,92, with a total of 8.04 acres that fronts on Lake Minnetonka. While this land is, no doubt,very
expensive, it does present the opportunity for a community access to the lake. While this is not
necessarily a recommendation to try and purchase this property, it is important that its existence be
10
pointed out as an open land consideration and community asset. Its proximity to the potential nature
preserve is also worth noting.
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I3. The Minnetonka Country Club, #455 is another large, open land with a current recreational use.
Obtaining this parcel for recreational use would help to maintain open space in the community, and would
Ihelp prevent a higher density development from being placed in the future on this location.
Plans for this site might consider a partial development to help defray the cost associated with an
acquisition effort. Another concept might be to provide an incentive or budgeted amount spent with the
owner(s)of the club to open the club for more community-based activities with subsidized green fees for
iShorewood residents,to help minimize property taxes. This could be backed up with an additional
contractual agreement that gives up development rights for either a set period of time or even
permanently. A task force might be organized to explore the possibilities with the owner to see how to
Ikeep intact as much of this land as possible.
4. Gideon's Glen is a natural setting that has been recently acquired by the City of Shorewood. It has
very unique flora with a broad display of natural woods, fungi, and wetland. There are some very large,
mature trees on the back of the site and a natural spring on the property, located toward one edge of the
Iboundary. The recommendation for this property is to obtain additional conservation easements from
abutting property owners to provide a sizeable additional buffer around the property. Please see General
Recommendations. A cooperative effort should be made to restore the wetlands on this site, and exotic
Ispecies should be removed(buckthorn and reed canary grass).
5. Carmichiels Auto Salvage Yard, #16,314,349,45, has to be mentioned, not for acquisition, but
because of the potential for contamination as a brownfield. While it appears that the owners currently are
taking every precaution to contain any spills or leakage from the salvage business,the past history and
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' length of operation would indicate that the potential is strong for problems on this site. A task force is
recommended to work with the owner(s)and the MPCA to determine what can be done about a possible
' clean-up strategy.
' As a final consideration, and previously mentioned throughout the recommendations, specific task force
committees might be formed for each of the noted properties, defining a mission, life and extent of effort
and resources that might be committed to achieve each committees goals. Because the staff of
Shorewood already has a large workload to uphold, a citizen voluntary body is recommended for the
' primary core of those task force groups that are formed.
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Appendix B
Sample Legal Documents
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' SAMPLE LETTER OF INTENT
ISeptember 4, 2002
I <NAME>
<ADDRESS>
I Dear •
Thank you for your expression of interest in dedicating a conservation easement (or gift of land) to the City
I of Shorewood (the "City") for conservation and/or open space. This letter constitutes our nonbinding letter
of intent with respect to the conveyance of interest of certain real property located at
(the "Property") in Shorewood, intended to be preserved as open
I space. The City desires to assist in the promotion of preservation open space, and to that end, will assist you
in the process of your contribution. The preservation open space may take the form of a conveyance of title
to the City or conveyance of an easement providing for perpetual restrictions on use and development of the
I Property. The following outlines the general tasks and responsibilities of the parties to be undertaken. We
contemplate that a mutually acceptable legally-binding written agreement will be entered into between you
and the City.
1. Nature of the dedication. As discussed above, you and the City must agree upon the nature of
the conveyance-whether it would be by easement or outright transfer of title from yourself to
' the City. There are advantages and disadvantages of either approach and the City will work
with you and your objectives.
' 2. Title. The City will assist with securing the necessary title work and title insurance. We ask
that you provide either an abstract of title or your owner's duplicate Certificate of Title.
3. Environmental audit. In most cases, the City will prepare a Phase I environmental audit of the
Property. This will require your consent to access to the Property. The cost of the
environmental audit will be paid by the City.
' 4. Tax benefits. Depending on your circumstances, there may be tax advantages benefiting you
as a result of your contribution. You are strongly encouraged to consult with your tax advisor
as to the availability of potential tax benefits. If you so desire, the City will provide
documentation of your contribution to the City. As a political subdivision of the state, the
City may receive tax deductible contributions. In certain circumstances, an appraisal or
opinion of value may be required. The cost of an expert's opinion of value would be your
' expense.
We look forward to working with you to complete this process to the benefit of you and the community of
Shorewood. Should you have any questions,please feel free to contact Tim Keane at (952) 896-3203, or me
at(952) 474-3236.
Sincerely,
' Bradley J. Nielsen
Planning Director Exhibit A
792697.1 SAMPLE LETTER OF INTENT
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(Above Space is Reserved for Recording Infon ration)
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is made this lay of 2002,
by and between the City of Oakdale, Grantor, and the STATE OF MINNESOTA, a sovereign
body, Grantee.
BACKGROUND
1. Grantor is the owner of real property, ("Protected Property"), in Washington
' County, Minnesota, which is described in Exhibit A. The Protecte I Property is approximately
29.6 acres in size.
2. Portions of the Protected Property are currently fi tlow, in a degraded state,
however there are important ecological and aesthetic values associate t with this property.
3. The natural, scenic, and ecological qualities and forested, and open space
character ("Conservation Values") of the Protected Property arc set brth in the Property Report
dated — , 2002, which the parties acknowledg : accurately represents the
present condition of the Protected Property. Each of the p. rties has a copy of the
' Property Report. The Grantees intend to use the Property Report .s the basis for monitoring
subsequent uses of the Protected Property and enforci: .g the terms of this
Conservation Easement. Notwithstanding this,the parties may use a I other relevant evidence to
establish the present condition of the Protected Property in the evt at of a disagreement as to
whether a subsequent activity or use is consistent with the terms of the 3 Conservation Easement.
4. The State of Minnesota is qualified to acquire and h ,Id conservation easements
under Section 170(h)(3) of the Internal Revenue Code of 1986, my amendments and any
regulations promulgated thereunder and under Minnesota Statutes Ch;pter 84C and § 84.64.
' 5. The Legislature of the State of Minnesota (hereinafte - "Legislature") authorizes
the State of Minnesota and counties thereof, as well as nonprofit )rganizations, to preserve,
acquire or hold lands for open-space uses, which specifically include farmland, wetlands,native
or restored prairie,or lands deemed critical to protecting soil, water qt �Iity, and enhancing fish
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' Exhibit B
SAMPLE CONSERVATION
EASEMENT
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and wildlife habitat; and that actions pursuant to these u oses
p rp are or the public health, safety,
and general welfare of the citizens of the State of Minnesota and for the promotion of sound land
development by preserving suitable open spaces.
6. The Legislature has declared that public open-sp tee benefits result from the
protection and conservation of natural areas including the protecti )n of scenic areas for public
visual enjoyment from public rights-of-way; that the conservatic i and protection of restored
natural areas as valued natural and ecological resources provide net ded open spaces for clean air
' as well as for aesthetic purposes; and that public benefit will i !suit from the conservation,
protection, development and improvement of restored natural areas.
7. Grantee, through its Department of Natural Resource s, shall protect in perpetuity,
I natural areas and ecologically significant land for aesthetic, scienti ic, and educational purposes
and pursuant to the terms of this Conservation Easement.
8. Grantee has declared that the preservation of open space is vital to the public
interest of the State of Minnesota through its economic, envirot mental, cultural and scenic
benefits.
9. Grantee agrees by acquiring this grant of easemei t to honor and defend the
intentions of Grantor stated herein and to preserve and protect in per 'etuity the open-space values
of the Protected Property for the benefit of this generation and the gei erations to come.
i10. Grantor desires and intends that the open-space chara. ter of the Protected Property
be preserved,protected and maintained in perpetuity. p y
I11. Grantor desires and intends to place restrictio is upon the use of the
Protected Property and by executing this Conservation Easement, G antor creates a conservation
easement, on, over and across the Protected Property and
grants aid tmative rights to ensure the
preservation of the natural elements and values of the Protected 'roperty and to protect and
maintain its native plant communities and native animal populations.
12. Grantor intends to convey to Grantee the right to pro ect the ecological values of
the Protected Property in perpetuity and to prevent or to remedy activities or uses that are
inconsistent with the terms of the Conservation Easement.
CONVEYANCE
NOW, THEREFORE, the Grantor, in consideration of the sum FOURTY-FIVE
THOUSAND DOLLARS ($45,000) to it in hand paid by the said Gr ntee, the receipt whereof is
hereby acknowledged, and pursuant to Minnesota Statutes Chapter 4C and Section 84.64, and
other applicable Minnesota laws, does hereby grant and convey to tht Grantee, its successors and
I assigns, forever, a Conservation Easement in perpetuity over the Prot, cted Property subject to the
following rights and restrictions:
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AFFIRMATIVE RIGHTS
' The Grantor conveys to the Grantee and their successors and : ssigns the following rights:
I. The right to enforce by proceedings, at law or in equit ', the covenants contained in
' this Conservation Easement. This right shall induct( but shall not be limited to,
the right to bring an action in any court of compete, t jurisdiction to enforce the
•
terms of this Conservation Easement; to requi •e the restoration of the
Protected Property to its prior or more natural condition; to enjoin such
' non-compliance by temporary or permanent injur. 'ton; and to recover any
damages arising from such non-compliance. Such da:aagcs, when recovered, may
be applied by the Grantee, in their discretion, t' corrective action on the
' Protected Property, if necessary. If such court dete mines that the Grantor has
failed to comply with this Conservation Eascmen . or the Natural Resource
Management Plan, Grantor shall reimburse Grantee for any reasonable costs of
enforcement, including costs of restoration, court cos s, and reasonable attorney's
tees, in addition to any other payments ordered by sucl court.
' 2. If the Grantee becomes aware of an event or circumsti nce of non-compliance with
the terms and conditions set forth in this Conservation Easement, the Grantee shall
give written notice to the Grantor, its successors or as: .gns, at the address set forth
' below, of such event or circumstance of non-compliar ce and restore the Protected
Property to its previous condition. Failure by the Gran ar, its successors or assigns,
to cause discontinuance, abatement or such other c nrective action as may be
requested by the Grantees within thirty (30) days a ter receipt of notice, shall
' entitle Grantee to bring an action as authorized in this( onservation Easement.
3. The Grantee does not waive or forfeit the right to take action as may be necessary
' to insure compliance with the covenants and purposes of this
Conservation Easement on the Protected Property by any failure to act, Grantor
waives any defense of laches with respect to any dela) by the Grantee in acting to
enforce any of the provisions or exercise any rights under this
Conservation Easement.
4. Nothing in this Conservation Easement shall be constr led to entitle the Grantee to
institute any enforcement proceeding against the Gra] tor for any changes to the
Protected Property due to causes beyond the Grantor s control, such as changes
caused by fire, flood,storm, civil authorities undertakir g emergency action or third
' parties not under the control or supervision of, or not acting with the consent of,
the Grantor.
5. The right of designated representatives of the Grantee to enter the
' Protected Property in a reasonable manner to conduc : monitoring, management
evaluations and activities and determine casement con- )liance is recognized. The
Grantee shall give reasonable prior notice to Grantor c f all such entries and shall
not unreasonably interfere with Grantor's use and quiet enjoyment of the Protected
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Property. Each party agrees that it will be res on: ible for its own acts cts and the
results thereof and shall not be responsible for the its of the other party and the
' results thereof Each party therefore agrees that it w. :l assume all risk and liability
for itself, its agents or employees for any injury to p rsons or property resulting in
any manner from the conduct of its own operations nd operations of its agents or
employees under this agreement, and for any los , cost, damage, or expense
resulting at any time from failure to exercise proper precautions, of or by itself or
its own agents or its own employees. The State's lial ility shall be governed by the
' provisions the Minnesota Tort Claims Act, Min I. Stat. § 3.736, and other
applicable law. The liability of the Grantor shall be€ iverned by the provisions the
Minnesota Municipal Liability Tort Act,Minn. Stat. ; 466.04, and other applicable
law.
' 6. The Grantee, in addition to other remedies, shall tave the right to report any
environmental concerns or conditions or any actual 'r potential violations of any
environmental or other laws to appropriate regulatory Dr law enforcement agencies.
The Grantee shall notify the Grantor at the same tir ie it notifies any appropriate
authority notified pursuant to this section.
' RESERVED RIGHTS
1. Grantor reserves for the Grantor and its successors an I assigns, all rights as owner
' of the Protected Property, except the right to under( Ace any activities which are
expressly and specifically prohibited by this Consery Ltion Easement or which are
inconsistent with or detrimental to the pro ective purposes of this
Conservation Easement.
2. Grantor agrees to notify the Grantee, in writing, be ore exercising any reserved
right which may have an adverse impact on the natura characteristics or ecological
and aesthetic features of the Protected Property prc :ected by this Conservation
Easement.
' COVENANTS
IN FURTHERANCE of the foregoing affirmative rights, Grai tor intends that rights under
' this Conservation Easement conveyed to the Grantee on behalf of he public shall continue to
exist in perpetuity. Grantor makes the following covenants on behalf of the Grantor, its
successors and assigns, which covenants shall run with and bins the Protected Property in
' perpetuity:
Management Plan
1. All natural resource management practices on the P 'oteeted Property including
I implementation shall be in accordance with a Natural .esource Management Plan
(Management Plan). The Management Plan may be re 'ised or modified by written
agreement of the Grantor and Grantee. Grantor and ( ran tee will retain a copy of
the Management Plan.
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Residential,Commercial and Industrial Uses
' 2. Grantor shall not subdivide, either legally or physical y, the Protected Property for
any reason without the prior written approval of the G .antee.
3. No development rights in or to the Protected Proper y, or any part thereof which
have been encumbered or extinguished by this Cor. ;ervation Easement shall be
transferred to any location outside the Protected Prc ,erty, whether pursuant to a
' cluster development plan or any other agreemer t or plan for transferable
development rights.
4. There shall be no residential, industrial, or cornett rcial activity undertaken or
allowed. With the exception of storm water conveyan :e,no right of passage across
or upon the Protected Property shall be allowed or gr nted, if that right of passage
is used in conjunction with residential,industrial, or ec mmercial activity.
5. No portion of the protected property shall be used to s ttisfy land area requirements
for other property not subject to this Conservatior. Easement for purposes of
calculating building density, lot coverage, or opn space under otherwise
applicable laws,regulations, or ordinances controlling and use.
' Construction
6. There shall be no construction or placing of any house garage,barn,mobile home,
or other buildings on the Protected Property except a ; specifically allowed in the
' Management Plan. There shall be no construction or i istallation of poles, antenna,
lights, towers, water tower, utility lines, piping, a id any other temporary or
permanent structures on the Protected Property except for those structures required
for storm water management. There shall be no cc istruction or installation of
roads or parking lots of asphalt, bituminous, gravel, ci ncrete oi-other materials on
the Protected Property. There shall be no permanent ►r temporary fencing except
as specifically allowed in the Management Plan.
' Recreational Use
7. There shall be no trails established or maintained on tl e Protected Property except
for those specifically allowed in the Management Plan.
S. There shall be no operation of snowmobiles,dune bugyes motorcycles, all-terrain
� Y ,
vehicles, or any other types of motorized vehicles on tl e Protected Property except
for administrative,emergency,and management purpo; es.
9. The Protected Property may be used for hiking, c oss country skiing, nature
' observation and other similar, low-impact, education and recreational programs
or activities.
Surface Alteration
' 10. The commercial extraction of minerals by surface mi ring and the extraction and
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removal of topsoil from the Protected otected Property is i rohibited. The extraction of
subsurface of deep-mined minerals from the Protect :d Property, including natural
' gas and oil, and the noncommercial extraction of r minerals, including limestone,
shale, gravel, sand and other minerals is prohibited.
11. There shall be no change of the topography of tl e Protected Property in any
manner except as reasonably required in the cot rse of activities or uses in
accordance with the Management Plan.
' Waste Removal
12. Use of the Protected Property for dumping, storage, mrocessing or landfill of solid
or hazardous wastes generated is prohibited, in ;luding, without limitation,
municipal sewage sludge and/or bio-solids applicatiot .
Signs
13. Commercial signs, billboards, and outdoor advert 3ing structures may not be
displayed on the Protected Property. However, info mation signage is permitted,
subject to the following conditions: The combine( area of any signs may not
' exceed one hundred and fifty (150) square feet, and the signage is limited to the
following purposes:
a. Displaying the name of the Protected Property
b. Announcing the existence of this Conservatior Easement;
' c. Providing interpretive and directional informal on;
d. Providing the name and address of the Grantor and Grantee;
e. Delineating the boundaries of the Protected Pr' perty in order to prohibit
trespass or non-permitted activities;
f Providing information with regard to on-site u: es and activities permitted
by this easement which approval will not be ur -easonably withheld,
conditioned or delayed.
For all signs permitted by this paragraph, the location, numt ;r, size and design must not
' significantly diminish the natural and scenic qualities of the P otected Property.
Trees,Shrubs and Vegetation
14. There shall be no removal, destroying, burning, cut ing, mowing or altering of
' trees, shrubs, and other vegetation except to prevent or control insects, noxious
weeds, invasive species, diseases, personal injury, or property damage. Activities
that enhance wildlife habitat or restore native biologi al communities must be in
' accordance with the Management Plan.
Pesticides and Herbicides
15, There shall be no application of pesticides or herbicid ss on the Protected Property
except those that are necessary as part of appr weed agricultural use and
management practices specified within the Managemer t Plan.
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Animals
16. There shall be no livestock, feedlots, domestic or not -native animals permitted on
the Protected Property of the Protected Proper y in accordance with the
Management Plan.
' Agricultural Use
17. There shall be no tilling or plowing or use of the Protected Property for
commercial cultivation of crops unless specifically allowed in the Management
Plan as a vegetation management tool during phased c ;ological restoration.
Exotic Species Introduction
' 18. There shall be no plant or animal species introduce i on the Protected Property
except those native species that are consistent with tF e protective purposes of this
Conservation Easement and consistent with the Manal ement Plan.
' GENERAL PROVISIONS
1. This Conservation Easement shall run with and burl :n the Protected Property in
perpetuity and shall bind and inure to the benefit of the Grantor, it': successors and assigns, and
any and all other successors to it in interest and the Grantee, their suc essors and assigns,
2. Grantor shall pay all taxes and assessments levied at ainst the Protected Property
' including any taxes or assessments levied against the interest of the Grantee established by this
Conservation Easement. The Grantee may, but is not obligated to,n ake any payment of taxes or
assessments levied against the Protected Property or the in Brest established by this
Conservation Easement and shall have a right of reitnbursement a ,,ainst Grantor etc. for such
amounts.
' 3. The Grantor agrees that the terms, conditions, restri bons, and purposes of this
Conservation Easement will be referenced by the Grantor in any su ,sequent deed or other legal
instrument by which the Grantor transfers or divests the Grantor of al or any part of the Grantor's
interest in the Protected Property, and that the Grantor etc. will give• ze Grantee writtcn notice of
any such transfer within fifteen(15)days after closing.
4. Any notice required in this Conservation Easement sh ill be sent by certified mail,
return receipt requested, to the following addresses or such addre;s as may be subsequently
specified by notice in writing, and the Party of Record at the address of record in the
Ramsey County Recorder's Office.
Grantee Grantor
State of Minnesota
Department of Natural Resources
Metro Regional Administration
1200 Warner Road
St, Paul,MN 55 104
5. If any provision of this Conservation Easement or th, application thereof to any
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person or circumstance is found to be invalid, the remainde of the provisions of this
Conservation Easement and the application of such provisions to p arsons or circumstances other
than those as to which it is found to be invalid shall be affected them)y.
6. This Conservation Easement shall be governed t y the laws of the State of
Minnesota.
7. The terms"Grantor" and"Grantee"as used in this Cc nservation Easement shall be
' deemed to include with respect to Grantor, its successors and ass gns; and with respect to the
Grantee,its successors and assigns.
' 8. The Grantee may assign or transfer this Conservat un Easement and the rights
conveyed herein, provided that (l) the Grantee requires, as a condi km of such transfer, that the
original conservation purposes of this Conservation Easement cc ntinue to be carried out in
perpetuity; and (2) any assignment is made only to an organization tualified to acquire or hold a
conservation easement at the time of the transfer under the provisioi s of Section 170(h)(3) of the
Internal-Revenue Code of 1986, as it may be amended from time :o time, and any regulations
promulgated there under. This Conservation Easement is fully v did and enforceable by any
' assignee or successor of the Grantee,whether assigned in whole or in part.
9. The Grantor's and Grantee's rights and obligations under this
' Conservation Easement terminate upon transfer or termination of ti eir respective interest in the
easement or the Protected Property provided that any liability for acts or omissions occurring prior
to the transfer or termination will survive that transfer or termination. Nothing in this paragraph is
deemed to alter or amend the remaining tenns of the conservatior easement in the event of a
transfer of interest.
10. This Conservation Easement may be amended only i r the event of unanticipated
' circumstances not specifically addressed by this Conservation eases ent and only in the sole and
exclusive judgment of the grantee that such an amendment: i) 1 irthers the purpose of this
Conservation Easement, ii)is not inconsistent with and will not adve> ;ely impact the conservation
values protected by this Conservation Easement, iii) does not affect he perpetual duration of the
Conservation Easement, or iv) does not affect the validity of the C unservation Easement under
Minnesota law.
' 11. If circumstances arise in the future such as to render tI e purposes of this easement
impossible to accomplish, this Easement can only be terminated , r extinguished, whether in
whole or in part, by judicial proceedings in a court of competent j irisdiction or by agreement
executed by the parties,their successors or assigns.
12. Each party agrees that it will be responsible for it own acts and the results
' therefore and will not be responsible for the acts of the other party : ad the result thereof. Each
party therefore agrees that it will assume all risk and liability for itself its agents or employees for
an injury to persons or property resulting in any manner from the cc -duct of its own operations
and operations of its agents or employees under this agreement,and fc •any loss,costs,damage, or
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expense resulting at any time from failure to exercise properprec utions, of oritself or
p p by its
agents or its own employees. The State's liability will be goven ed by the provisions of the
1 Minnesota Tort Claims Act,Minnesota Statute 3.736 and other applii able law.
13. The Grantor retains all responsibilities and shall bear. 11 costs and liabilities of any
kind related to the ownership,operation and maintenance of the Prott ;ter!Property.
14. The Grantor agrees that the conveyance of the perpt :ual Conservation Easement
' gives rise to a property right, immediately vested in the Grantee, witl the fair market value that is
at least equal to the proportionate value that the Conservation E. sement, at the time of the
conveyance, bears to the value of Protected Property as a whole at I tat time. The proportionate
' value of the Grantee's property rights will remain constant.
15. This Conservation Easement may be terminated or cxt nguished, whether in whole
or in part, by judicial proceedings in a court of competent jurisdict: 3n or by written agreement
' executed by both parties, their successors or assigns. If a subseque: t unexpected change in the
conditions of or surrounding the Protected Property makes it impo: sible or impractical for the
continued use of the Protected Property for conservation purposes lescribed herein, and if the
' restrictions of this Conservation Easement are extinguished, in tvl ole or in part, by judicial
proceedings, upon the sale, exchange or involuntary conversion of the Protected Property, the
Grantee will he entitled to a portion of the proceeds at least equal to tl e proportionate value of the
Conservation Easement cited in the preceding provision. The proporti )hate value of the Grantee's
property rights will remain constant.
' 16. On its own behalf and as attorney-in-fact for the Grants 3,the Grantor may execute,
acknowledge, and record or file any instruments necessary to assure th :perpetual enforceability of
this Conservation Easement.
' 17. This document sets forth the entire agreement of the parties with respect to this
Conservation Easement and supercedes all prior discussions or underst tndings.
CORPORATION %TAME
iBy
Its
i And
Its
STATE OF MINNESOTA )
ss.
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COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by _ , and , its
, and , on behalf of
' , a corporation under the law; of the state of Minnesota,
Grantors.
' b NOTARIAL S'L'AMP OR SEAL: otary Public
•
1 L
ACCEPTANCE
' The foregoing Conservation Easement is herebydulyacre te, bythe State of Minnesota,
8 S P
t Department of Natural Resources on this day of , 20�
STATE OF MINK E >OTA
DEPARTMENT OF NATURAL RESOURCES
I
JAMES E.LAWLEJ _,Assistant Director
Division of Lands at d Minerals
STATE OF MINNESOTA )
1 ) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this _ day of
, 20 , by JAMES E. LAWLER, Assistant Director of the Division of
Lands and Minerals, Department of Natural Resources,on behalf of t: .e State of Minnesota.
Notary Public
This instrument was drafted by:
DULCIE M. BRAND
Assistant Attorney General
445 Minnesota Si.,#900
' . St. Paul, MN 55101-2127
AG:#664423-v I •
Untft I 6/t3/02
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I
' CONSERVATION EASEMENT AGREEMENT
THIS EASEMENT is granted this day of , 1999, by and between DELTA
' DEVELOPMENT, INC.,a Minnesota corporation("Owner")and the CITY OF OAKDALE, a
' municipal corporation under the laws of the State of Minnesota(the"City").
RECITALS
' Owner is the owner in fee simple of certain real property in Washington County,
Minnesota,which is legally described on Exhibit A attached hereto and made a part
' hereof(the"Owner Tract").
The City desires to obtain, and Owner desires to grant, a permanent conservation
easement over, upon and across that part of the Owner Tract that is legally described on
' Exhibit B attached hereto and made apart hereof(the"Easement Area").
NOW,THEREFORE, in consideration of the foregoing, the sum of One Dollar($1.00)
' and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,the parties hereby agree as follows:
t1.) Recitals. The foregoing recitals are correct and are incorporated herein.
2.) Conveyance of Easement. Owner hereby grants and conveys unto the City a
' conservation easement(the"Easement") for the purposes and on the terms hereinafter specified,
over,upon and across the Easement Area.
3.) Duration of Easement. The Easement shall be permanent and shall be binding
' upon the Owner and its successors and assigns and upon all present and future owners and
occupants of the Easement Area, shall only inure to the benefit of the City, and shall run in
perpetuity with the Easement Area. This Agreement may be amended or modified at any time
' and from time to time only by a written and duly recorded instrument executed by the City and
the then record owner of the Easement Area. The Easement may be released in whole or in part
at any time, and from time to time, by the sole act of the City.
t4.) Use of Easement Area. The purpose of the Easement is to assure that the
Easement Area shall at all times remain in its present natural condition. To accomplish this
purpose, Owner, for Owner, its successors and assigns, does hereby agree as follows:
(a) Owner shall not remove, destroy, cut, mow, or alter trees, shrubs and other
vegetation within the Easement Area except(i)for areas immediately adjacent to the
Easement Area that may have trees, shrubs and/or other vegetation that overhangs into
the Easement Area,or(ii)to prevent or control insects,noxious weeds, diseases, fire„,
personal injury,or property damage.
' Exhibit C
SAMPLE CONSERVATION
' EASEMENT
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(b) Owner shall not construct or install buildings or other physical improvements of
any kind within the Easement Area including, without limitation, fences, driveways or
' roads. The existing use of the Easement Area for any such purposes shall discontinue.
(c) Grantor shall not dump any ashes, refuse, garbage,offal or other waste material in
the Easement Area. The existing use of the Easement Area for any such purposes shall
' discontinue.
(d) Grantor shall not place or erect any permanent signs, billboards or other outdoor
advertising structures on the Easement Area.
(e) Grantor shall not grade, excavate or alter the Easement Area, except for the
' installation of essential public utilities and correction of existing landscape scars and
(f) Grantor shall not further subdivide or plat the Easement Area into smaller parcels.
' (g) Grantee shall keep the Easement Area free of deleterious and hazardous
conditions.
(h) Owner shall not alter the surface of the Easement Area including, without
limitation, filling or excavating.
(i) Owner shall not dispose of refuse or other waste material on the Easement Area.
5.) Public Access. No right of access or other rights or benefits to all or any portion
' of the Easement Area are conveyed by this Agreement to the public or any other persons or
parties. There shall be no third party beneficiaries of or to this Agreement.
' 6.) Reserved Rights. Except for the express agreements and prohibitions set forth in
this Agreement, Owner reserves all rights accruing from its ownership of the Easement Area
including,without limitation,the right to engage in or allow others to engage in all activities or
uses of the Easement Area that are not prohibited or limited by this Agreement,the right to
' exclude all or any of the public from the Easement Area,and the right to sell or transfer all or any
part of the Easement Area subject to this Agreement.
' 7.) No Liens. Grantor hereby warrants that the Easement Area is free and clear of all
liens and encumbrances, except for any easements or restrictions of record.
8.) Acts Beyond Owner's Control. Owner shall not be liable for any injury or
alteration to the Easement Area resulting from causes beyond the reasonable control of Owner
including, without limitation,fire, flood, storm, and earth movement, or from any prudent or
' reasonable action taken by Owner under emergency conditions to prevent, abate, or mitigate
(i)injury, or(ii) alteration to the Easement Area resulting from such causes.
9.) Extinguishment. If subsequent unexpected changes in the conditions surrounding
the Easement Area make it impossible, impracticable or unreasonable to preserve and to protect
the conservation values of the Easement Area or any part thereof,then the City shall agree to
' extinguish or release the Easement or applicable party thereof, upon the written request of the
Owner.
2.
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' 10.) Assignment of Easement. The Easement, and any other rights or benefits of or to
the City hereunder, shall not be assignable by the City.
' 11.) Governing Law. This Agreement shall be governed by the laws of the State of
Minnesota.
' 12.) Entire Agreement. This Agreement sets forth the entire agreement of the parties
hereto regarding the subject matter hereof, and supersedes any and all prior discussions or
agreements regarding the subject matter hereof.
13.) Headings. The headings of this Agreement are inserted for convenience only and
shall not affect the meaning or interpretation of this Agreement or any provision or paragraph
hereof.
1
1
' 3.
1
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
' DELTA DEVELOPMENT, INC.
' By:
Its:
' CITY OF OAKDALE
By:
Its:
STATE OF MINNESOTA )
' COUNTY OF ) ss.)
' The foregoing instrument was acknowledged before me this day of July, 1999,by
the of DELTA DEVELOPMENT,INC., a Minnesota
corporation, on behalf of the corporation.
Notary Public
' STATE OF MINNESOTA )
) ss.
COUNTY OF
' The foregoing instrument was acknowledged before me this day of July, 1999,by
,the of the
CITY OF OAKDALE,a municipal corporation under the laws of the State of Minnesota, on
behalf of the corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
' LARKIN, HOFFMAN, DALY &LINDGREN,Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
' Bloomington,Minnesota 55431
0502555.01
4.
i
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IEXIIIBIT A
i
LEGAL DESCRIPTION OF OWNER TRACT
I
I
I
I
I
I
I
I
I
I
I
I
I
I
0502555.01
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EXHIBIT B
' LEGAL DESCRIPTION OF EASEMENT AREA
1
1
i
' 0502555.01
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CONSERVATION EASEMENT
' THIS CONSERVATION EASEMENT is entered into this day of February, 1999, by and
between City of Shorewood, a Minnesota municipal corporation, whose address is 5755 Country
Club Road, Shorewood, MN 55331 ("Owners"), and the Minnesota Land Trust, a Minnesota
' nonprofit corporation having its principal office in St. Paul, 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 10.8 acres of land located in
Hennepin County, Minnesota("Protected Land").
B. The Protected Land is primarily woodlands, wetlands and open space. In addition, the
Protected Land has outstanding scenic qualities that can be enjoyed by the public from Eureka
Road in Shorewood.
C. The natural and scenic qualities and forested, open space character("Conservation
' Values") of the Protected Land are set forth in a Property Report dated within thirty days of the
date hereof, which the parties acknowledge accurately represents the present condition of the
Protected Land. Each of the parties has a copy of the Property Report. The Trust intends to use
the Property Report in monitoring subsequent uses of the Protected Land and enforcing the terms
of this Conservation Easement. Notwithstanding this,the parties may use all other relevant
evidence to establish the present condition of the Protected Land in the event of a disagreement as
' to whether a subsequent activity or use is consistent with the terms of this Conservation
Easement.
' D. Owners intend to convey to the Trust the right to preserve and protect the
Conservation Values of the Protected Land in perpetuity and to prevent or remedy subsequent
activities or uses that are inconsistent with the terms of this Conservation Easement.
' E. The grant of this Conservation Easement will serve the policies of the State of
Minnesota which encourage the protection of Minnesota's natural resources as set forth in part in
Minnesota Statutes Section 84C.01-02 (Conservation Easements).
F. The Trust is a publicly supported, nonprofit corporation which seeks to protect the
natural, scenic, agricultural, forested, and open space conditions of land in Minnesota. In
addition, the Trust is qualified as a conservation organization under Sections 501(c)(3) and 170(h)
of the Internal Revenue Code. The Trust has agreed to assume the obligation of protecting the
natural and scenic qualities of the Protected Land in perpetuity according to the terms of this
Conservation Easement.
' Exhibit D
SAMPLE CONSERVATION
' EASEMENT
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Shorewood Conservation Easement
' Page 2
NOW, THEREFORE, in consideration of their mutual covenants and pursuant to 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 of the Protected Land.
Owners intend to restrict all subsequent use of the Protected Land to activities consistent with the
terms of this Conservation Easement.
1 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 of the 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 of this 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 of the 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 of this
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 of
the 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 of the Protected Land is
consistent with the terms of this Conservation Easement and the Owners may, subject to the
restrictions set forth in Paragraphs 4-14, continue making such use of the Protected Land.
' 4. Residential. Commercial & Industrial Uses Owners shall not subdivide all or part of
the Protected Lands for residential, commercial or industrial development. Owners shall not
subdivide, either legally or physically, the Protected Land for any other reason without the prior
written approval of the Trust. Owners shall not engage in commercial or industrial activities on
the Protected Land. 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 of way on the Protected Land in conjunction with commercial or
industrial activities or residential development on lands other than the Protected Land.
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Shorewood Conservation Easement
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5. Construction Owners shall not construct or install buildings or improvements of any
kind including, without limitation, fences, driveways,parking lots, and roads, on the Protected
' Land, except as needed to serve other uses permitted by the terms of this Conservation Easement.
Notwithstanding the foregoing, Owners may widen Eureka Road(adjoining the Protected Land to
the west) a maximum of seven(7) feet onto the Protected Land if such widening is reasonably
required by future transportation needs of the area.
6. Utility Systems Owners shall not install utility systems or extensions of existing utility
' systems on the Protected Land including, without limitation,water, sewer, power, fuel, and
communications lines and related facilities, without the prior approval of the Trust except as
needed to serve any additional uses,buildings, and improvements permitted by the terms of this
Conservation Easement.
7. Agricultural Use Owners may not conduct agricultural operations on the Protected
' Land. For purposes of this paragraph, the term Agricultural Operations 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 of the Protected Land including,
without limitation, the filling, excavation, or removal of soil, sand, gravel, rocks, or other material
except as reasonably required in the course of activities or uses permitted under the terms of this
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 on the surface or
underground.
10. Waste Removal Owners shall not dump or dispose of refuse or other waste material
on the Protected Land.
1 11. Water Bodies and Courses Owners shall not alter existing bodies of water or water
courses or construct new bodies of water or water courses on the Protected Land except as
reasonably required for the activities or uses permitted by the terms of this Conservation
' Easement and for which Owners have obtained the prior written approval of the 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 improvements
permitted by Paragraph 5, (ii)to prevent or control insects, noxious weeds, diseases, fire, personal
injury, or property damage, (iii) as reasonably required to construct and maintain the trails
permitted in Paragraph 13, (iv)to enhance wildlife habitat or restore native biological
communities, and (v) for other activities or uses permitted by the terms of this Conservation
Fasement.
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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 or uses permitted by the terms of this Conservation Easement.
14. Signs 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, announcing the activities or
uses permitted by the terms of this Conservation Easement, designating the boundaries of or
directions to the Protected Land, or restricting entry to or use of the 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 of the Protected Land.
15. Trust's Approval The requirement that Owners obtain the prior written approval of
' the Trust is intended to let the Trust study the proposed use and decide if it is consistent with this
Conservation Easement and maintains or enhances the Conservation Values of the Protected
Land. Owners shall submit a request in writing to the Trust at least ninety days prior to the
' proposed date of commencement of the use in question. The request shall set out the use for
which approval is sought,its design and location, the impact of the proposed use on the
Conservation Values of the Protected Land, and other material information in sufficient detail to
' allow the Trust to make an informed judgment that the proposed use is or is not consistent with
this Conservation Easement or would adversely effect the Conservation Values of the Protected
Land. The Trust shall notify Owners in writing of its decision within sixty days of its 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 of the Protected Land, results in violation of any applicable law or regulation
or that it lacks information in sufficient detail to reach an informed judgment that the proposed
' use is or is not consistent with this Conservation Easement. The Trust may condition its approval
on the Owners' acceptance of modifications which, in the Trust's judgment,would make the
proposed use, as modified, consistent with this Conservation Easement or protects the
' Conservation Values of the Protected Land.
16. Public Access No right of access by the public to any portion of the Protected Land
' is conveyed by this Conservation Easement.
17. Reserved Rights Owners reserve all rights accruing from their ownership of the
' 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 of the public from the Protected Land and to sell or
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Shorewood Conservation Easement
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transfer all or part of the Protected Land subject to this Conservation Easement. Owners shall
inform all others who exercise any right by or through them on the Protected Land of the terms of
this Conservation Easement. Owners shall incorporate by reference the terms of this
Conservation Easement in all deeds or other legal instruments by which they transfer any interest,
including a leasehold interest, in all or part of the Protected Land. Owners shall give sixty days
prior written notification to the Trust of a transfer of all or any part of fee title to the Protected
Land.
18. Costs and Liabilities Owners retain all obligations and shall bear all costs and
liabilities of any kind accruing from their ownership of the Protected Land including the following
responsibilities:
A. Owners shall remain solely responsible for the operations, upkeep, and
maintenance of the Protected Land. Owners shall keep the Protected Land free of all liens arising
out of work 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 of taxes or
assessments levied against the Protected Land or the interest established by this Conservation
' Easement and shall have a right of reimbursement against Owners for such amounts.
C. Owners shall remain solely responsible for maintaining liability insurance for its
' uses of the Protected Land and the Protected Land itself. Owners shall remain solely responsible
for all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or
judgments, 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 of the Trust, (ii) the
obligations retained by Owners to maintain the Protected Land and pay taxes in Paragraphs 18(A)
' and (B), and(iii)the existence of this Conservation Easement.
19. Enforcement If the Trust finds at any time 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 of the
Protected Land. If Owners 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 if needed, either temporarily or permanently, (iii)recover damages,(iv) require
restoration of the 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 determines 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.
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20. Costs of Enforcement If the 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 of this
Conservation Easement including, without limitation, costs of suit, reasonable attorney's fees, and
costs of restoration. 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 of defense
including, without limitation, costs of suit and reasonable attorney's fees.
21. Waiver The enforcement of the terms of this 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 of this Conservation Easement shall not constitute a waiver by the Trust of
such term, any subsequent breach of the same or any other term,or any of the Trust's rights under
' this Conservation Easement. The delay or omission by the Trust to discover a breach by Owners
or to exercise a right of enforcement as to such breach shall not impair or waive its rights of
enforcement against Owners.
' 22. Acts Beyond Owners' Control The Trust shall not exercise its rights of enforcement
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 If subsequent unexpected changes in the conditions surrounding the
Protected Land make it impossible to preserve and protect the Conservation Values of the
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 of the
' natural and scenic qualities of land in Minnesota.
24. Proceeds To establish the amount of proceeds 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 of the extinguishment of the Protected
Land without this Conservation Easement by a fraction,the numerator of which is the value of
this Conservation Easement at the time of extinguishment and the denominator of which is the
value of the Protected Land without this Conservation Easement. Not withstanding this, the
amount of the 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) of the Internal Revenue
Code.
25. Assignment of Easement The Trust may transfer its rights and obligations in this
Conservation Easement only to a qualified conservation organization, as provided in Section
170(h)of the Internal Revenue Code, which may hold conservation easements, as provided in
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' Minnesota Statutes Sec. 84C.01(2) (1992). As a condition of such transfer, the Trust shall
require the continued enforcement of this Conservation Easement.
' 26. Notices Any notice or other communication that either party wishes to or must give
to 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:
City of Shorewood Minnesota Land Trust
5755 Country Club Road .2356 University Avenue West, Suite 400
' Shorewood, MN 55331 St. Paul, MN 55114
ATTN: Land Projects Committee
' 27. Governing Law and Construction This Conservation Easement shall be governed by
the laws of Minnesota.
28. Entire Agreement This Conservation Easement sets forth the entire agreement of the
parties and supersedes all prior discussions.
29. Amendment The parties may amend this Conservation Easement provided that such
amendment(i) shall not impair or threaten the Conservation Values of the Protected Land, (ii)
shall not affect the perpetual duration of this Conservation Easement, (iii)is approved by the
Trust pursuant to its Policy Statement on Amending Conservation Easements,and(iv) shall not
1 affect the qualification of this Conservation Easement under Minnesota Statutes Sections 84C.01-
84C,05 or the status of the Trust under Section 170(h) of the Internal Revenue Code.
' 30. Binding Effect The covenants,terms, conditions, and restrictions of this
Conservation Easement shall bind and inure to the benefit of the 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 Protected Land.
OWNERS: TRUST:
' CITY OF SHOREWOOD MINNESOTA LAND ' UST
By By
Its David . Hartwell, President
By
Its
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of February, 1999, by
and
I the and , respectively, of the
City of Shorewood, a Minnesota municipal corporation.
Notary Public
STATE OF MINNESOTA
COUNTY OF RAMSEY
This instrument was acknowledged before me this day of February, 1999, before me
by David B. Hartwell, President of Minnesota Lan st, a Minnesota nonprofit corporation.
I 10.
Notary ublic
This instrument was drafted by.
Minnesota Land Trust
2356 University Avenue West, Suite 400 FEw►Y �v LEONE
IMNIMI
St. Paul, MN 55114 •
CARVER N11' A
651-647-9590 ���Exp.w�ta000
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' EXHIBIT A
' Legal Description
Lot 52, Auditor's Subdivision 133, Hennepin County, Minnesota.
I
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1
1
8283Noncash Charitable Contributions
I Form OMB No. 1545-0908
(Rev. October 1998) Ir. Attach to your tax return if you claimed a total deduction
I of over$500 for all contributed property. Attachment
Department of the Treasury Sequence No. 55
Internal Revenue Service ► See separate instructions.
Name(s)shown on your income tax return Identifying number
I Note: Figure the amount of your contribution deduction before completing this form. See your tax return instructions.
Section A—List in this section only items (or groups of similar items) for which you claimed a deduction of$5,000 or
less. Also, list certain publicly traded securities even if the deduction is over $5,000 (see instructions).
I Part I Information on Donated Property—If you need more space, attach a statement.
(a)Name and address of the 1
donee organization (b) Description of donated property
A
B
1 C
D
I
E
I Note: If the amount you claimed as a deduction for an item is$500 or less, you do not have to complete columns(d), (e), and(f).
(c)Date of the (d)Date acquired (e)How acquired (f) Donors cost (h)Method used to determine the fair
contribution by donor(mo.,yr.) by donor or adjusted basis (g)Fair market value market value
A
B
C
D
E
Part II Other Information—Complete line 2 if you gave less than an entire interest in property listed in Part I.
Complete line 3 if conditions were attached to a contribution listed in Part I.
I 2 If, during the year, you contributed less than the entire interest in the property, complete lines a-e.
a Enter the letter from Part I that identifies the property ► . If Part II applies to more than one property, attach a
separate statement.
b Total amount claimed as a deduction for the property listed in Part I: (1) For this tax year ► .
I
(2) For any prior tax years ►
c Name and address of each organization to which any such contribution was made in a prior year (complete only if different
from the donee organization above):
IName of charitable organization(donee)
Address(number,street,and room or suite no.)
I
City or town, state,and ZIP code
d For tangible property, enter the place where the property is located or kept ►
Ie Name of any person, other than the donee organization, having actual possession of the property ►
3 If conditions were attached to any contribution listed in Part I, answer questions a - c and attach the required
I statement (see instructions).
a Is there a restriction, either temporary or permanent, on the donee's right to use or dispose of the donated Yes No
property?
I b Did you give to anyone (other than the donee organization or another organization participating with the donee
organization in cooperative fundraising) the right to the income from the donated property or to the possession
of the property, including the right to vote donated securities, to acquire the property by purchase or otherwise,
or to designate the person having such income, possession, or right to acquire?
I c Is there a restriction limiting the donated property for a particular use? . .
For Paperwork Reduction Act Notice, see page 4 of separate instructions. Exhibit E
IRS NONCASH CHARITABLE
I CONTRIBUTION FORM 8283
IForm 8283(Rev. 10-98) Page 2
Name(s)shown on your income tax return Identifying number
ISection B—Appraisal Summary—List in this section only items (or groups of similar items) for which you claimed a
deduction of more than $5,000 per item or group. Exception. Report contributions of certain publicly
traded securities only in Section A.
I If you donated art, you may have to attach the complete appraisal. See the Note in Part I below.
Part I Information on Donated Property—To be completed by the taxpayer and/or appraiser.
4 Check type of property:
ILl] Art' (contribution of $20,000 or more) ❑ Real Estate❑ ❑ ❑ Gems/Jewelry El Stamp Collections
Art' (contribution of less than $20,000) Coin Collections ❑ Books ❑ Other
'Art includes paintings, sculptures, watercolors, prints, drawings, ceramics, antique furniture, decorative arts, textiles, carpets, silver, rare
I
manuscripts, historical memorabilia, and other similar objects.
Note: If your total art contribution deduction was$20,000 or more,you must attach a complete copy of the signed appraisal. See instructions.
5 (a)Description of donated property(if you need (b)If tangible property was donated, give a brief summary of the overall (c)Appraised fair
more space,attach a separate statement) physical condition at the time of the gift market value
IA
B
C
I D For bargain sales,enter See instructions
(d)Date acquired (e)How acquired (f)Donor's cost or (g) g (h)Amount claimed as a (i)Average trading price
by donor(mo.,yr.) by donor adjusted basis amount received deduction of securities
iti
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Taxpayer (Donor) Statement—List each item included in Part I above that the appraisal identifies as
having a value of $500 or less. See instructions.
I declare that the following item(s)included in Part I above has to the best of my knowledge and belief an appraised value of not more than $500
(per item). Enter identifying letter from Part I and describe the specific item. See instructions. P.
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Signature of taxpayer(donor) ► Date ►
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Part HI Declaration of Appraiser
I declare that I am not the donor, the donee, a party to the transaction in which the donor acquired the property, employed by, or related to any
of the foregoing persons, or married to any person who is related to any of the foregoing persons. And, if regularly used by the donor, donee, or
party to the transaction, I performed the majority of my appraisals during my tax year for other persons.
I Also, I declare that I hold myself out to the public as an appraiser or perform appraisals on a regular basis; and that because of my qualifications
as described in the appraisal, I am qualified to make appraisals of the type of property being valued. I certify that the appraisal fees were not based
on a percentage of the appraised property value. Furthermore, I understand that a false or fraudulent overstatement of the property value as
described in the qualified appraisal or this appraisal summary may subject me to the penalty under section 6701(a) (aiding and abetting the
I understatement of tax liability). I affirm that I have not been barred from presenting evidence or testimony by the Director of Practice.
Sign
Here Signature ► Title ► Date of appraisal ►
Business address(including room or suite no.) Identifying number
ICity or town, state,and ZIP code
I Part IV Donee Acknowledgment—To be completed by the charitable organization.
This charitable organization acknowledges that it is a qualified organization under section 170(c) and that it received the donated
property as described in Section B, Part I, above on ►
' (Date)
Furthermore,this organization affirms that in the event it sells,exchanges,or otherwise disposes of the property described in Section
B, Part I (or any portion thereof) within 2 years after the date of receipt, it will file Form 8282, Donee Information Return, with the
IRS and give the donor a copy of that form. This acknowledgment does not represent agreement with the claimed fair market value.
I Does the organization intend to use the property for an unrelated use? ► ❑ Yes ❑ No
Name of charitable organization(donee) Employer identification number
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Address(number,street,and room or suite no.) City or town,state,and ZIP code
Authorized signature Title Date
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I Appendix C
Land Conservation Resources
Land Conservation Resources
Publications:
(Available on loan from the Shorewood City Offices)
1
Land Protection Options: A Handbook for Minnesota Landowners.
' Allman, Laurie. 1996. Minneapolis: The Nature Conservancy, Minnesota
Department of Natural Resources, The Trust for Public Land, The
Minnesota Land Trust.
1
Natural Areas: Protecting a Vital Community Asset, A Sourcebook for
' Minnesota Local Governments and Citizens. Allman, Laurie. 1997. St.
Paul. Minnesota Department of Natural Resources Natural Heritage and
Nongame Research Program.
A Report to the City Council of Shorewood on Land Conservation. 1998.
' The Ad-Hoc Land Conservation Committee.
' Organizations/Agencies:
' The Nature Conservancy, Minnesota Chapter
1313 Fifth Street Southeast
Minneapolis, MN 55414
Phone (612) 331-0750
Website: nature.org
The Trust for Public Land
2610 University Ave., Suite 300
St. Paul, MN 55114
' Phone(651) 917-2240
Website: www.tpl.org
Minnesota Land Trust
2356 University Avenue West, Suite 240
' St. Paul, MN 55114
Phone (651) 647-9590
Website: www.mnland.org
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Department of Fish and Wildlife
Minnesota Department of Natural Resources
I 500 Lafayette Road, Box 7
St. Paul, MN 55155
Natural Heritage and Nongame Research Program
IPhone (651) 297-2276
Website: www.dnr.state.mn.us/ecological_services/nhnrp/index.html
ILand Stewardship Project
2200 4th Street
I White Bear Lake, MN 55110
Phone (651) 653-0618
Website: www.landstewardshipproject.org
IMinnesota Board of Water and Soil Resources
One West Water Street, Suite 200
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St. Paul, MN 55107
Phone (651) 296-3767
Website: www.bwsr.state.mn.us
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