HomeMy WebLinkAboutVIII-07 Authorize Signature - Permanent Drainage and Utility Easement – Suite LivingCity Council Memorandum
To:Mayor Fasbender and City Council
From:John Hinzman, Community Development Director
Date:November 17,2025
Item:Authorize Signature: Permanent Drainage and Utility Easement –Suite Living
Council Action Requested:
Authorize signature of the attached Permanent Drainage and Utility Easement for
development of Suite Living, a 32 unit assisted living facility to be located southeast of
33rd and Vermillion Streets. A simple majority is necessary for action.
Background Information:
Action establishes a public easement over the stormwater pond necessary for
development of Suite Living and consistent with the 1st Amendment to the Stormwater
Facilities Maintenance Agreement.
Financial Impact:
The addition of 32 assisted living units will add to the tax base and create needed housing
opportunities.
Advisory Commission Discussion:
N\A
Attachments:
•Permanent Drainage and Utility Easement
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PERMANENT DRAINAGE AND UTILITY EASEMENT
THIS PERMANENT DRAINAGE AND UTILITY EASEMENT (“Easement”) is made,
granted and conveyed this _____ day of _____________, 202____, by and between Landco
Investments of Hastings, LLC, a Minnesota limited liability company (“Landowner”), and the City
of Hastings, a Minnesota municipal corporation (“City”).
WHEREAS,Landowner owns real property in Dakota County, Minnesota,legally
described as follows:
Lot 1, Block 1, Suite Living of Hastings, according to the recorded plat thereof.
Abstract Property
PID: 197210001010
(the “Landowner’s Property”).
WHEREAS,the Landowner is developing the Property and City requires a permanent
drainage and utility easement from Landowner in conjunction with the development.
NOW THEREFORE,the Landowner in consideration of the sum of One Dollar and other
good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which
is hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, the
following:
PERMANENT EASEMENT DESCRIPTION
The Landowner does hereby grant and convey unto the City, its successors and assigns, forever the
following:
A permanent easement for drainage and utility 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 A and depicted on
Exhibit B (the “Permanent Easement Area”), attached hereto and incorporated herein
by reference.
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The Permanent Easement rights granted herein are forever and shall include, but not be limited to, the
construction, maintenance, repair and replacement of any storm water facilities, above ground and
below ground drainage facilities, underground pipes, conduits, culverts, other utilities, 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
construction, maintenance, repair and replacement of any storm water facilities, above ground and
below ground drainage facilities, underground pipes, conduits, culverts, other utilities, and all
facilities and improvements ancillary, incident or related thereto.
EXEMPT FROM STATE DEED TAX
The rights of the City also include the right of the City, its contractors, agents and servants:
(a)To enter upon the Permanent Easement Area at all reasonable times 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, any City improvements,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.
The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties,
attorneys’fees and losses resulting from any claims, actions, suits, or proceedings based upon a
release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants
which may have existed on, or which relate to the Permanent Easement Area or the Landowner’s
Property prior to the date hereof.
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 successors or
assigns, shall be subject to any governmental immunity defenses of the City and the maximum
liability limits provided by Minnesota Statutes, Chapter 466.
The Landowner, successors,and assigns does hereby warrant to and covenant with the City, its
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successors and assigns, that it is well seized in fee of Landowner’s 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 the City.
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.
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IN TESTIMONY WHEREOF, the Landowner and the City have caused this Easement to be
executed as of the day and year first above written.
LANDOWNER:
By:
STATE OF MINNESOTA )
) ss.
COUNTY OF _______________)
The foregoing instrument was acknowledged before me on this _____ day of
____________________, 202____, by ___________________________________, the _________
of Landco Investments of Hastings, LLC, a Minnesota limited liability company, on behalf of said
limited liability company.
Notary Public
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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 ______________________, 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
City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that
the seal affixed to said instrument was signed and sealed on 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.
This instrument drafted by
And after recording, please return to:
Greta Bjerkness (#0390575)
LeVander, Gillen, & Miller, P.A.
1305 Corporate Center Dr., Suite 300
Eagan, MN 55121
(651) 451-1831
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EXHIBIT A
LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA
An easement for drainage and utility purposes, over, under and across that part of Lot 1, Block 1,
SUITE LIVING OF HASTINGS, according to the recorded plat thereof, Dakota County,
Minnesota, which lies to the left of the following described line and its westerly extension:
Commencing at the southeast corner of said Lot 1; thence on an assumed bearing of North 00
degrees 24 minutes 24 seconds West along the easterly line of said Lot 1 for 19.45 feet to the
point of beginning of the line to be described; thence South 89 degrees 56 minutes 07 seconds
West for 159.27 feet; thence North 04 degrees 10 minutes 49 seconds East for 52.28 feet; thence
North 85 degrees 47 minutes 46 seconds West for 234.49 feet to the westerly line of said Lot 1
and there terminating
And which lies east of the West 10.00 feet of said Lot 1, north of the South 5.00 feet of said Lot
1 and west of the East 5.00 feet of said Lot 1
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EXHIBIT B
DEPICTION OF PERMANENT EASEMENT AREA
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