Minnetonka has a history of accepting conservation easements. These are the top five largest conservation easement areas accepted by the city over the last eight years. All of the land is privately owned and the public cannot access the land except through the city's trail system.
Clarion Hills Development, 2001: This single family and town home development west of Shady Oak Road and south of Bren Road encompasses about 13.39 acres. The conservation easement is comprised of a remnant oak forest, a ravine system and a prairie area.
The Marshes of Meadow Woods, 2003: This single family development is located west of County Road 101 and north of Ridgewood Road. Approximately 14 acres of restored wetland and upland is in conservation easement.
Portico, 2004: This single family development has about 13 acres of wetland, wetland buffer and woodland in conservation easement.
Cullen-Smith property, 2004: This donated property is two parcels of land totaling about 30 acres located just east of I-494 on Oakland Road. These parcels contain a remnant oak forest and a large high quality wetland complex. The city of Minnetonka has a purchase agreement with the land owner to buy these parcels and the Minnesota Land Trust currently holds the land in conservation easement.
Fuller property, 2009: Through the city of Minnetonka's Living Legacy program Andrew Fuller of McGinty Road West placed 6.4 acres of his 7.6 acre parcel into a conservation easement. It contains a remnant oak forest, three small wetlands and one of the largest ironwood trees in the city of Minnetonka. It was identified as being a high priority parcel for conservation in the city's open space plan.
Source: city of Minnetonka
By David Schueller
Andrew Fuller's land on McGinty Road West in Minnetonka includes a rolling, remnant oak forest, wetlands, large trees - including one of the largest ironwood trees in the city - and turkeys, deer, fox, squirrels, songbirds and frogs.
To protect the woods and wildlife, Fuller donated a permanent conservation easement to the city of Minnetonka for 6.4 of his 7.6 acres.
Fuller's donation makes him the first to participate in the city's Living Legacy program, which encourages owners of more than two acres of land to put some of it into a conservation easement.
"My father said when I was a young kid, 'Andy, I don't know what I can leave you, but I hope I can leave you with this: the love of the outdoors.' And I've had it my whole life," Fuller said.
He's lived there for 44 years and seen an area that once was rural enough for horse riding gradually accumulate more property lines and houses.
"We have a flock of maybe two dozen wild turkeys that come there and feed. And I would not like to see that go away. And also we have deer here and raccoons. So we have wildlife coming through here. And I've been a conservationist for a number of years," Fuller said. "I just thought, looking at the property, I would hate to see it cut up and have houses put down here."
While Fuller continues to own the land - which remains private property - the acres under the easement are protected from development or subdivision, forever.
While Fuller isn't the first to give land in a conservation easement, he is the first to participate in the Living Legacy program.
For the program, the city identified 110 parcels that are two acres or larger that meet specific conservation criteria, which can relate to the type of woods there or the viewshed the land provides, said Minnetonka Natural Resources Manager Jo Colleran.
Properties generally must contain some undeveloped upland areas, because wetland is for the most part already protected, she said.
As an incentive for donors, the city pays the administrative costs of putting land into a conservation easement, which involves appraisals, surveying, plus legal and title work, all of which can total as much as $15,000 per parcel.
In Fuller's case, the city paid $10 for the easement itself for legal reasons, plus the administrative costs.
The result: the wildlife and habitat, rolling topography, woods and wetlands will be preserved, Colleran said.
"And then it really lends to the neighborhood as well," Colleran said. "All the neighbors will benefit because they'll be able to look out their back door and be able to continue to view the beautiful woodland."
At the Sept. 14 City Council meeting, Fuller said he'd been looking forward to giving a conservation easement for a number of years and praised the city for allowing it.
"I've told so many people that we have a wonderfully regulated city and this proves it. My wife, now deceased, would be so much in favor of this, and all of our five kids have urged this on me. I'm so delighted," Fuller said, adding that he's also delighted to keep providing a "home for my two dozen turkeys, for the deer and for the squirrels."
Of course, not everybody is a fan of conservation easements. Some might argue they reduce property owners' rights and even reduce the tax base.
The donor also gets a tax benefit from giving the easement.
In the Living Legacy program, maintenance is the property owner's responsibility, but enforcing the terms of the easement is the city's job, and the city generally inspects the properties once a year.
Some invasive species like garlic mustard are required to be removed while other species, like buckthorn, are not, though the city educates the property owner about its removal, Colleran said.
"Mr. Fuller owns that property," Colleran said. "It is not public property. But he gave this easement that regulates that property in a further degree to the city of Minnetonka."
Fuller said it's important to have the city watch over the land.
"To me that was vital. Because I will be selling this property maybe even next spring. And I want to be ensured the next owners will honor this, not only in actuality, but in spirit."
