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�� <br /> 0 <br /> MEMORANDUM 9- -10 Work Session <br /> To: Mayor and City Council <br /> From: Mike Gaffron, Asst. City Administrator i <br /> Date: September 10, 2010 <br /> Subject: Conservation Easements for City Park Properties <br /> In connection with the Lurton Park property, the question came up as to whether that property is <br /> protected via a conservation easement. Staff has the City Attorney's office searching the title of <br /> that property to determine what easements and covenants are of record. Draft documents found <br /> in the City files do suggest that the Land Trust is entitled to enforce the proposed covenants, so <br /> we are anticipating that we will see recorded documents to that effect. <br /> In general, when the City acquires a property, it acquires and is subject to whatever easements, <br /> covenants, restrictions, etc. are of record at the time of acquisition. The City Council can in <br /> effect grant itself a conservation easement over City-owned land, but that easement can then be <br /> easily extinguished by a future Council if it so desires. The more effective practice to ensure <br /> permanence would be to grant an easement to a third-party non-profit entity such as the <br /> Minnesota Land Trust, the Nature Conservancy, the MCWD, or a similar organization whose <br /> mission is preservation. <br /> Soren has advised caution in that acceptance by organizations such as the Nature Conservancy <br /> may have a substantial dollar cost. <br /> Sources for more information include: <br /> Minnesota Land Trust: www.mnland.or� <br /> Nature Conservancy: http://www.nature.org/wherewework/northamerica/states/minnesotal <br /> U of M: http://www.mvminnesotawoods.urnn.edu/2007/04/conservation-easements/ <br /> The Trust for Public Land: http://www.tpl.or /�tier2 rl.cfin?folder id=482 <br />