HomeMy WebLinkAboutVIII-19 Authorize Signature - Release of Declaration of Covenants - Hastings Industrial Park
City Council Memorandum
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director
Date: February 5, 2024
Item: Authorize Signature: Release of Declaration of Covenants – Hastings Industrial Park
Council Action Requested:
Authorize signature of the attached Release of Declaration of Covenants, Conditions, and
Restrictions. A simple majority of Council is required.
Background:
The covenants were recorded on four properties within the Hastings Industrial Park in 2006,
subject to a ten year lifespan. The restrictions expired in 2016 and staff wishes to remove the
covenants from the properties. The covenants were initially established at the request of a
potential purchaser and developer of property who did not move forward with sale or
development.
Attachment
• Release of Declaration of Covenants
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RELEASE OF DECLARATION OF CONVENANTS, CONDITIONS AND
RESTRICTIONS
WHEREAS, the City of Hastings, a Minnesota municipal corporation (the “Declarant”),
through a Declaration of Covenants, Conditions and Restrictions for Certain Lots Within Hastings
Industrial Park No. 7 (“Restrictive Covenant”), executed on August 7, 2006 and recorded in the
office of the County Recorder in Dakota County, Minnesota, as Document No. 2459811 on
September 11, 2006, establishing certain covenants, conditions and restrictions on the following
described land in County of Dakota and State of Minnesota, to-wit:
Lot 1, Block 1, Hastings Industrial Park No. 7
Lots 1-3, Block 2, Hastings Industrial Park No. 7
Abstract Property
PID: 193200602100
193200602020
193200602010
193200601010
(the “Properties”); and
WHEREAS, Condition #5 in the Restrictive Covenant stated that the term of the Restrictive
Covenant was for a period of 10 years, which term has now expired; and
WHEREAS, Declarant wishes to release the Restrictive Covenant against the Properties.
NOW, THEREFORE, the Declarant hereby agrees to the release of the Restrictive
Covenant against the Properties and the County Recorder in Dakota County, Minnesota, is hereby
authorized to accept for recording and to record the filing of this instrument, to be a conclusive
determination of the satisfactory termination of the Restrictive Covenant.
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CITY:
CITY OF HASTINGS
By:
Mary Fasbender
Its Mayor
By:
Kelly Murtaugh
Its City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this day of , 2024, before me a Notary Public within and
for said County, personally appeared Mary Fasbender and Kelly Murtaugh to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk
of the City of Hastings, the municipality named in the foregoing instrument, and that the said
instrument was signed in behalf of said municipality by authority of its City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
This document was drafted by:
Korine L. Land, #262432
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Drive Suite 300
Eagan, MN 55121
651-451-1831
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