HomeMy WebLinkAboutX-C-02 Authorize Signature - Permanent Stormwater Easement - National Guard Armory (3050 Red Wing Blvd.)
City Council Memorandum
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director
Date: January 21, 2025
Item: Authorize Signature: Permanent Stormwater Easement – National Guard Armory
(3050 Red Wing Blvd)
Council Action Requested:
Authorize signature of the attached Permanent Stormwater Easement between the City
and the Hastings National Guard. The easement allows the Hastings National Guard
Armory site to use a 30’x30’portion of the adjacent City-owned property in conjunction
with a stormwater pipe connection. Approval requires a simple majority of City Council.
Background Information:
The Easement is in conjunction with a separate Site Plan application for construction of
parking and stormwater ponding on the National Guard Armory Site.
Financial Impact:
N\A
Advisory Commission Discussion:
N\A
Attachments:
• Permanent Stormwater Easement
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PERMANENT STORM WATER EASEMENT
THIS PERMANENT STORM WATER EASEMENT (“Easement”) is made, granted
and conveyed this ________ day of _______________, 2025, by and between the City of Hastings,
a Minnesota municipal corporation (“City”), and the Hastings National Guard, a Minnesota
______________ (“Armory”).
WHEREAS, City owns real property situated within Dakota County, Minnesota as
described on Exhibit A (“City’s Property”), attached hereto and incorporated herein by reference.
WHEREAS, the Armory is working on a project that will require a Permanent Storm
Water Easement from the City.
NOW THEREFORE, the City in consideration of the sum 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 the Armory, its successors and assigns, the following:
PERMANENT STORM WATER EASEMENT DESCRIPTION
City does hereby grant and convey unto the Armory, its successors and assigns, the following:
A permanent non-exclusive easement for storm water purposes and all such purposes
ancillary, incident or related thereto (“Permanent Easement”) under, over, across,
through and upon that real property legally described on Exhibit B and depicted on
Exhibit C (“Permanent Easement Area”), attached hereto and incorporated herein by
reference.
The Permanent Easement rights granted herein are forever and shall include, but not be limited to, the
continued use and maintenance, repair and replacement of underground 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.
The Permanent Easement rights further include, but are not limited to, the right of ingress and egress
over the Permanent Easement Area to access the Permanent Easement for the purposes of
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construction, maintenance, repair and replacement of any 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. The Armory shall
repair, replace and restore to the extent possible, the Permanent Easement Area to its original
condition following any such construction.
EXEMPT FROM STATE DEED TAX
The rights of the Armory also include the right of the Armory, its contractors, agents and servants:
(a) To enter upon the Permanent Easement Area with 72 hours notice for the purposes of
construction, reconstruction, inspection, repair, replacement, grading, sloping, and
restoration relating to the purposes of the Permanent Easement; and
(b) To maintain the Permanent Easement Area, and any underground pipes, conduits, or
mains, together with the right to excavate and refill ditches or trenches for the location
of such pipes, conduits or mains; and
(c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate,
undergrowth and other obstructions interfering with the location, construction and
maintenance of the utility pipes, conduits, mains and above ground and below ground
drainage facilities and to deposit earthen material in and upon the Permanent
Easement Area; and
(d) To remove or otherwise dispose of all earth or other material excavated from the
Permanent Easement Area as the City may deem appropriate.
By accepting the Permanent Easement, the Armory agrees that it shall be solely liable for and shall
defend and hold the City harmless from and against any and all losses, claims, damages or injury of
any kind, including reasonable attorney’s fees and consultant’s fees, arising out of or related to the
operation, maintenance, repair and/or reconstruction of the storm water or the Armory’s acts or
failures to act in carrying out its obligations hereunder, unless such losses, claims, damages or injury
are due to the gross negligence of the City.
Nothing contained herein shall be deemed a waiver by the City of any governmental immunity
defenses, statutory or otherwise. Further, any and all claims brought by Landowner or their successors
or assigns, shall be subject to any governmental immunity defenses of the City and the maximum
liability limits provided by Minnesota Statute, Chapter 466.
The City reserves for itself and its agents, employees, visitors, licensees, invitees, lessees, patrons,
guests or permittees, successor and assigns, the right to use the Permanent Easement Area, as long as
it is not inconsistent with the rights herein conveyed or which does not interfere with the use of the
Permanent Easement for the purposes named herein.
The City, for themselves and their successors and assigns, do hereby warrant to and covenant with
the Armory, its successors and assigns, that they are well seized in fee of City’s Property described
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on Exhibit A, the Permanent Easement Area described on Exhibit B and depicted on Exhibit C and
has good right to grant and convey the Permanent Easement herein to the Armory.
This Easement is binding upon the heirs, successors, executors, administrators and assigns of the
parties hereto.
This Easement may be executed in any number of counterparts, each of which shall be deemed
an original but all of which shall constitute one and the same instrument.
[The remainder of this page has been intentionally left blank.]
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IN TESTIMONY WHEREOF, the parties have caused this Easement to be executed as
of the day and year first above written.
CITY:
CITY OF HASTINGS
By:
Mary Fasbender
Mayor
By:
Kelly Murtaugh
City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this _____ day of _______________, 2025, 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 the City
Clerk of the City of Hastings, the Minnesota municipal corporation named in the foregoing
instrument, and that it was signed on behalf of said municipal corporation by authority of its City
Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said municipal corporation.
Notary Public
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LANDOWNER:
HASTINGS NATIONAL GUARD
By:
Name:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me on _____ day of _______________,
2025 by ______________________________, as _________________ of Hastings National Guard,
a _____________________________, on behalf of said _________________________________.
Notary Public
This instrument drafted by
and after recording, please return to:
Korine L. Land (#262432)
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
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EXHBIIT A
LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY
Real property located in Dakota County, Minnesota legally described as follows:
Lot 5, Block 2, HASTINGS INDUSTRIAL PARK NO. 1, Dakota County, Minnesota.
PID: 19-32000-02-050
Abstract Property
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EXHIBIT B
LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA
An easement for storm water utility services over that part of Lot 5, Block 2, HASTINGS
INDUSTRIAL PARK NO. 1, according to the recorded plat thereof on file in the Office of the Dakota
County Recorder, Minnesota, described as follows: Commencing at the northwest corner of said Lot
5; thence South 26 degrees 44 minutes 06 seconds East, bearing based on the Dakota County
Coordinate Database NAD83, 151.24 feet along the West line of said Lot 5 to the point of beginning
of the easement being described; thence North 60 degrees 53 minutes 23 seconds East 29.88 feet;
thence South 29 degrees 06 minutes 37 seconds East 30.00 feet; thence South 60 degrees 53 minutes
23 seconds West 31.13 feet to said West line of Lot 5; thence North 26 degrees 44 minutes 06 seconds
West 30.03 feet along said West line of Lot 5 to the point of beginning. Subject to easements,
reservations, or restrictions of record if any.
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EXHIBIT C
DEPICTION OF PERMANENT EASEMENT AREA
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