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PERMANENT UTILITY EASEMENT
The undersigned HEDRA for and in consideration of One and no/100 Dollars ($1.00) and other
good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant
and convey to Eljin Properties LLC (“Eljin Properties”) a permanent utility easement (“Permanent
Utility Easement”) under, over, across, through and upon the following described land situated in
the County of Dakota, State of Minnesota, to wit:
PROPERTY DESCRIPTION:
Real property in Dakota County, Minnesota, described as follows:
The south 48 feet of Lot 8, Block 14, TOWN OF HASTINGS, Dakota County, Minnesota.
Abstract Property
PID: 19-32150-14-081
(“HEDRA Property”).
PERMANENT UTILITY EASEMENT DESCRIPTION
Eljin Properties does hereby grant and convey unto Eljin Properties, its successors and assigns, the
following:
A permanent easement for utility purposes and all such purposes ancillary, incident or
related thereto under, over, across, through and upon that real property legally
described on Exhibit A and depicted on Exhibit B, (“Permanent Easement Area”)
attached hereto and incorporated herein by reference.
A. EASEMENT RIGHTS
1. The Permanent Utility Easement rights granted herein are forever and shall include, but not
be limited to, the construction, maintenance, repair and replacement of any sanitary sewer,
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storm sewer, water mains, storm water facilities, above ground and below ground drainage
facilities, any utilities, underground pipes, conduits, culverts, other utilities and mains, and all
facilities and improvements ancillary, incident or related thereto, under, over, across, through
and upon the Permanent Easement Area.
2. The Permanent Utility Easement rights further include, but are not limited to, the right of
ingress and egress over the Permanent Easement Area to access the Permanent Utility
Easement for the purposes of construction, maintenance, repair and replacement of any
sanitary sewer, storm sewer, water mains, storm water facilities, above ground and below
ground drainage facilities any utilities, underground pipes, conduits, culverts, other utilities,
mains and all facilities and improvements ancillary, incident or related thereto.
EXEMPT FROM STATE DEED TAX
B. EASEMENT LIMITATIONS
1. Eljin Properties shall not place any other structures, retaining walls, irrigation systems,
buildings, fences, landscaping, trees or shrubs on HEDRA Property, or in the Permanent
Easement Area without HEDRA’s written consent. After construction, Eljin Properties, at
its own expense, shall maintain and repair the Permanent Utility Easement.
2. HEDRA shall not be responsible for Permanent Utility Easement. Nothing contained
herein shall be deemed an assumption by HEDRA of any responsibility for construction,
maintenance, replacement or repair of the Permanent Utility Easement.
3. Continuing Right to HEDRA Property. Nothing contained herein shall be deemed a waiver
or abandonment or transfer of the right, title and interest that HEDRA holds to HEDRA
Property.
4. Subordinate Position of Permanent Utility Easement. The Permanent Utility Easement is
subordinate to the rights of HEDRA in HEDRA Property.
5. Risk of Loss. Eljin Properties understands and agrees that the Permanent Utility Easement
within HEDRA Property may be adversely affected by damage caused to Permanent Utility
Easement arising out of HEDRA’s use of HEDRA Property. The parties agree that HEDRA
is not responsible for such events; HEDRA shall have no liability to Eljin Properties for
such events. Eljin Properties assumes the risk of installing, maintaining, replacing and
repairing the Permanent Utility Easement in HEDRA Property.
6. Eljin Properties to Bear Cost of Relocating Permanent Utility Easement. HEDRA may
require Eljin Properties, at the expense of the Eljin Properties to remove and relocate the
Permanent Utility Easement if HEDRA develops HEDRA Property. If the Eljin Properties
does not perform such tasks, HEDRA may perform such tasks and in such case Eljin
Properties shall reimburse HEDRA for HEDRA’s costs and expenses. Prior to
commencing such tasks, HEDRA shall send a notice to Eljin Properties and allow Eljin
Properties time to perform the tasks. If Eljin Properties has not completed the work within
a reasonable time, then HEDRA may proceed to perform the tasks. Once HEDRA’s costs
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and expenses have been determined by HEDRA, HEDRA shall send an invoice for such
costs and expenses to Eljin Properties. Eljin Properties must pay the invoice within thirty
(30) days after the date of the invoice. Such costs and expenses include, but are not limited
to, costs charged HEDRA by third parties such as contractors as well as the costs for
HEDRA personnel that may have performed the work. Bills not paid shall incur the
standard penalty and interest established by HEDRA for utility billings within HEDRA.
C. MISCELLANEOUS PROVISIONS
1. HEDRA, for itself and its successors and assigns, does hereby warrant to and covenant
with Eljin Properties, its successors and assigns, that HEDRA is well seized in fee of
HEDRA Property described above, the Permanent Easement Area described on Exhibit
A and depicted on Exhibit B and has good right to grant and convey the Permanent
Easement herein to Eljin Properties.
2. This agreement is binding upon the heirs, successors, executors, administrators and
assigns of the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as
of the day and year first above written.
HASTINGS ECONOMIC DEVELOPMENT
AND REDEVELOPMENT AUTHORITY
By: ____________________________________
Trevor Johnson
President
ATTEST:
By: _____________________________________
Alexander Menke
Secretary
STATE OF MINNESOTA )
)
COUNTY OF DAKOTA )
On this ___ day of ____________________, 2024, before me a Notary Public within and
for said County, personally appeared Trevor Johnson and Alexander Menke to me personally
known, who being each by me duly sworn, each did say that they are respectively the President
and Secretary of the Hastings Economic Development and Redevelopment Authority, a public
body corporate and public of the state of Minnesota named in the foregoing instrument, and that
said instrument was signed on behalf of said public body corporate and public by authority of its
President and Secretary acknowledged said instrument to be the free act and deed of said municipal
corporation.
____________________________________
Notary Public
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ELJIN PROPERTIES LLC
By:
Name:
Its: _________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was executed this ____ day of _________, 2024, by
____________________________________, the ________________________ of Eljin
Properties LLC, a Minnesota limited liability company, on behalf of the limited liability company.
____________________________________
Notary Public
This instrument drafted by
And after recording, please return to:
Korine Land, #0262432
LeVander, Gillen, & Miller, P.A.
1305 Corporate Center Dr., Suite 300
Eagan, MN 55121
(651) 451-1831
A-1
EXHIBIT A
LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA
The westerly 30.00 feet of the south 48.00 feet of Lot 8, Block 14, TOWN OF HASTINGS, Dakota
County, Minnesota.
B-1
EXHIBIT B
DEPICTION OF PERMANENT EASEMENT AREA
Easement Area