01-068•
CITY OF SHOREWOOD
RESOLUTION NO. 01-068
RESOLUTION ADOPTING A POLICY REGARDING DONATIONS OF
CONSERVATION EASEMENTS AND RESTRICTIONS
WHEREAS, Minnesota Statutes §§ 84.C.01-.05 authorizes the donation by private
citizens of non -possessory "conservation easements" to protect natural, scenic and open space
values, and authorized donees include any governmental body empowered to hold an interest in
real property under the laws of the State of Minnesota; and
WHEREAS, Minnesota Statutes §§ 84.64 authorizes the donation by private citizens of
similar negative easements, called "conservation restrictions", to retain the natural, scenic, and
open or wooded condition of land, and authorized donees include any home rule charter or
statutory city; and
WHEREAS, the City of Shorewood (the "City") is a: (i) a political subdivision
organized under the laws of the State of Minnesota and a statutory city of the fourth class, and
(ii) governmental body empowered to own interests in real estate; and
WHEREAS, the City has, after due notice, public meetings and study in the context of
preparation of its comprehensive plan, concluded there is a need for conservation easements and
. restrictions to protect and preserve natural, scenic, open and/or wooded parcels within the City,
including those which are a part of large homesteads or estates, because: (1) the City is in the
path of intensive suburban development and (2) the relatively small lot size requirements in the
City encourage the subdivision of tracts of natural, scenic, open or wooded land now held in
estates or large homesteads; and
WHEREAS, the City Council finds that it is in the best interests of the City, for
conservation purposes, to adopt a policy of soliciting and accepting donations of conservation
easements and restrictions upon undeveloped lands, including those which form a part of large
homesteads or estates, to protect certain of the remaining natural, scenic, and open or wooded
spaces in the City from development premises.
NOW, THEREFORE, BE IT RESOLVED, the City of Shorewood hereby adopts this
policy to solicit and accept donations of conservation easements and restrictions upon
undeveloped lands, including those which form a part of large homesteads or estates, to protect
areas of natural, scenic, open or wooded areas within the City. It is the intent of the City that
such easements and restriction satisfy the requirements of Minnesota Statutes §§ 84.C.01-.05,
and 84.64, and qualify as contributions under Section 170(h) of the United States Internal
Revenue Code.
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n� ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
. day of October 2001.
WOODY LOVE, MAYOR
ATTEST:
AAWSON, CITY ADMINISTRATOR/CLERK
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