HomeMy WebLinkAboutX-C-02 Convey Property to HEDRA - SW Corner of Pleasant Dr and South Frontage Rd
City Council Memorandum
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director
Date: February 5, 2024
Item: Resolution: Convey Property to HEDRA – SW Corner of Pleasant and South Frontage
Rd
Council Action Requested:
Adopt the attached resolution conveying a 3.94 acre parcel located at the southwest corner of
Pleasant Drive and South Frontage Road to HEDRA for future sale and development. A simple
majority is necessary for action.
Subject Parcel:
The 3.94-acre property is located north of 12th Street, directly east of Dakota CDA’s Hastings
Marketplace Townhomes, and across Pleasant Drive from Westview Mall. Property is vacant
with a portion of the property used for stormwater drainage. The City has received a Letter of
Interest to acquire the property for $850,000 from CBRE on behalf of Mint Development LLC
(Rob Barse) to develop for a national retailer.
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Council Committee Review
The Planning Committee of City Council (Chair Fox, Folch, and Leifeld) reviewed the potential
sale and development of the property at the January 22, 2024 meeting. Committee members
were generally supportive of selling the property for private development. At the meeting, the
Committee also reviewed sale of a similar property located directly to the north (east of Pleasant
Hill Library) and did not recommend doing so at this time, directing City staff to consult with
Dakota County for potential interest.
Advisory Commission Review
Upon action by the City Council, HEDRA would consider sale of the property at the February 8,
2024 meeting.
History
The property was dedicated forever as “Public Land” by Leonard C and Rosella Bauer per the
recoding of the Bauers 2nd Addition Plat in 1968. It is unclear why the property was designated
as such.
The City Attorney’s office has concluded that the parcel could be sold for private development
and not be subject to the public use restrictions. Although the plat identifies the land as “public
use forever”, state statutes limit that restriction to 30 years. The public use provision expired in
1998.
Zoning and Land Use
The parcel is zoned R-1 Low Density Residential and guided for Mid Density Residential
Development in the Comprehensive Plan. A Comprehensive Plan Amendment and Rezoning
would be needed to accommodate commercial development.
Analysis
• Does the City see a future public use for one or both parcels? Staff is unaware of any
planned public uses.
• Prominent Location. The parcel is located near the Pleasant Drive and Highway 55
stoplight and are in the vicinity of other commercial development.
• Land Use Changes. The parcel would need a comprehensive plan amendment and
rezoning to accommodate commercial development.
• Availability of Commercial Development Land. Along the Highway 55 corridor there
are approximately three vacant land sites presently marketed for commercial
development. They are all owned by Nick Conzemius and located near the north side of
Highway 55 and General Sieben Drive and range from 1-2 acres in size.
• Ponding. The site presently contains stormwater drainage facilities for neighboring
parcels. Future site development would likely need to accommodate for present and
future stormwater needs.
Attachment
• Resolution
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1
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION APPROVING THE CONVEYANCE OF PROPERTY TO
HASTINGS ECONOMIC DEVELOPMENT AND REDEVELOPMENT AUTHORITY
FOR REDEVELOPMENT PURPOSES
Council member __________________ introduced the following resolution and moved its
adoption:
WHEREAS, the City of Hastings (“City”) owns certain real property located in the City
of Hastings, County of Dakota, State of Minnesota, legally described as follows:
All of the parcel dedicated as Public Land on the plat of Bauer’s Second Addition recorded
on August 29, 1968 as Document No. 352204;
EXCEPT that part dedicated as Parcel 259P on the Minnesota Department of
Transportation Right Of Way Plat No. 19-89 recorded on August 29, 1989 as
Document No. 901710;
AND
EXCEPT that part dedicated as Outlot A and South Frontage Road on the plat of
Hastings Library Addition recorded on September 21, 1993 as Document No.
1153376.
Abstract Property
PID: 19-13401-04-101
(“Property”); and
WHEREAS, the Property was dedicated as public land more than 50 years ago; and
WHEREAS, pursuant to Minn. Stat. 500.20 subd. 2a, the public land restriction
automatically expires after 30 years and the City may dispose of property pursuant to City Code;
and
WHEREAS, the Property is developable and the City desires to have the Property
developed; and
WHEREAS, the Hastings Economic Development and Redevelopment Authority
(“HEDRA”) is the proper public entity to convey property to future buyers and developers for
redevelopment purposes; and
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WHEREAS, the City desires to convey the Property to HEDRA for redevelopment
purposes; and
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Hastings as
follows:
1. That the Property is no longer encumbered by the public land restriction pursuant to
Minn. Stat. 500.20 subd. 2a.
2. That the conveyance of the Property to HEDRA is in the public interest of the City and
its people, furthers its general plan of economic development and furthers the aims and
purposes of Minn. Stat. Sections 469.090 to 469.108; and the appropriate officials are
authorized to take such action so as to effectuate such conveyance.
3. That said sale has no relationship to the City’s Comprehensive Plan and therefore the
Hastings City Council has dispensed with the requirements of Minn. Stat. § 462.356,
Subd. 2, that may require the Hastings Planning Commission to perform a
Comprehensive Plan compliance review of said sale that may constitute a disposal of
real property pursuant to § 462.356, Subd. 2.
Council member _______________ moved a second to this resolution and upon being put
to a vote it was adopted by the Council Members present.
Adopted by the Hastings City Council on February 5, 2024, by the following vote:
Ayes:
Nays:
Absent:
Mary Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk
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STATE OF MINNESOTA )
COUNTY OF DAKOTA ) ss.
CITY OF HASTINGS )
I, the undersigned, being the duly qualified and acting City Clerk of the City of Hastings,
Minnesota, DO HEREBY CERTIFY, that I have carefully compared the attached copy of
Resolution No. ________________ - A Resolution Approving the Conveyance of Property to
Hastings Economic Development and Redevelopment Authority for Redevelopment Purposes,
with the original on file in my office and the same is a full, true and complete transcript therefore.
WITNESS, my hand as such City Clerk and the corporate seal of the City of Hastings this
____ day of , 2024.
Kelly Murtaugh
City Clerk
SEAL
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ECB-1035 Page 1 of 2
(Top 3 inches reserved for recording data)
QUIT CLAIM DEED
Business Entity to Business Entity
DEED TAX DUE: $1.65 DATE: ____________________________
FOR VALUABLE CONSIDERATION, the City of Hastings, a Minnesota municipal corporation (“Grantor”), hereby conveys and quitclaims to the
Hastings Economic Development and Redevelopment Authority, a public body corporate and politic organized under the laws of Minnesota
(“Grantee”), real property in Dakota County, Minnesota, legally described as follows:
All of the parcel dedicated as Public Land on the plat of Bauer’s Second Addition recorded on August 29, 1968 as Document No.
352204;
EXCEPT that part dedicated as Parcel 259P on the Minnesota Department of Transportation Right Of Way Plat No. 19-89
recorded on August 29, 1989 as Document No. 901710;
AND
EXCEPT that part dedicated as Outlot A and South Frontage Road on the plat of Hastings Library Addition recorded on
September 21, 1993 as Document No. 1153376.
Abstract Property
PID: 19-13401-04-101
Check here if all or part of the described real property is Registered (Torrens)
together with all hereditaments and appurtenances belonging thereto.
TOTAL CONSIDERATION IS LESS THAN $3,000.00.
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Page 2 of 2 QUIT CLAIM DEED
Check applicable box:
The Seller certifies that the Seller does not know of
any wells on the described real property.
A well disclosure certificate accompanies this
document or has been electronically filed. (If electronically filed,
insert WDC number: […].)
I am familiar with the property described in this
instrument and I certify that the status and number
of wells on the described real property have not changed
since the last previously filed well disclosure
certificate.
Grantor
City of Hastings
By:
Mary Fasbender
Its: Mayor
By:
Kelly Murtaugh
Its: City Clerk
State of Minnesota, County of Dakota
This instrument was acknowledged before me on _____________________________, 2024, by Mary Fasbender as Mayor and by Kelly
Murtaugh as City Clerk of the City of Hastings, a Minnesota municipal corporation.
(Stamp)
(signature of notarial officer)
Title (and Rank): Notary Public
My commission expires:
(month/day/year)
THIS INSTRUMENT WAS DRAFTED BY:
Korine L. Land, #262432
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
651-451-1831
TITLE NOT EXAMINED
TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO:
Hastings Economic Development and Redevelopment Authority
101 – 4th Street East
Hastings, MN 55033
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