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Home My WebLink About20100216 - VI-03FLUEGEL LAW FIRM P,A, Donald J. Fluegel x Attorneys At Law Telephone b51-43$-9777 Daniel J. Fluegel 1303 South Frontage Road, Suite 5 Fax 651-438-9775 Sean R. McCarthy ~ Hastings, MN 55033-2477 William J. Markert Jr. February 2, 2010 Melanie Mesko Lee, Administrative Assistant/City Cierk City of Hastings Hastings City Hall 101 East 4t'' Street Hastings, MN 55033 Re: Flint Hills Rroperty -Corrective Doca~ment Dear ~lelanic: 1 am enclosing a Council memo and tlu•ee originals of a corrective document that l as!{ be including in the Council packet for the February lb, X010 meeting, Subject to your thoughts, it seems this could be included in the consent agenda. The memo explains the history and need for the corrective document. Once all three originals are signed by you and the Mayor, please return all to me and 1 will forward them to the MPCA. As always, please let me know if you have any questions. Very truly yours, FL ~JEGEL LA W FIRM P,A. Daniel J. Fluegel City Attorney DAN:ham Enclosures cc Nick Egger, City Engineer, ~v!enrlpsure * Also admitted to practice in Wisconsin FLUEGEL LAW FIRM P.A. Donald J. Fluegel * Attorneys At Law Daniel 7. Fluegel 1303 South Frontage Road, Suite 5 Sean R. McCarthy Hastings, MN 55033-2477 William J. Markert Jr. To: Honorable Mayor and City Coun~cil~/ From: Daniel J. Fluegel, City Attorney\`J/ Date: February 2, 2010 ~ Subject: Corrective Document -Former Flint Hills Property BACdCGROUND. Telephone 651-43$-9777 Fax 651-435-9775 In 2001 the City acquired from Flint Hills Resources {formerly Koch Petroleum Group} the real estate now used as part of Lake Rebecca Park on Lock and Dam Road. Because Flint Hills had used the property as the petroleum storage tank facility, Flint Hills, the City and the Minnesota Pollution Control Agency entered into an agreement placing certain restrictions on the use of the property including primarily a prohibition of earth moving and disturbance activities in certain areas of the property. This declaration of restrictions and covenants was recorded upon the public real estate records in 2004. Recently, as part of the review of public records relating to the staging area for the Highway 61 bridge project, the MPCA identified a defect in the originally recorded Declaration. Specifically, the original document was missing certain dates and a notary signature in the signature block of the document. A representative of the MPCA contacted Niclc Egger who in turn contacted me. In working with Flint Hills and the MPCA, all parties determined it would be best to have a corrective document signed by ail parties and recorded acknowledging the defect in the original Declaration but ratifying the original Declaration and confirming that it was validly executed Iay the parties effective as of April 15, 2001. RE UE,STED ACTION. Three originals of the corrective document have now been signed by the appropriate representative of Flint Hills Resources, LP. The City Council is asked to authorize the execution, on behalf of the City, of the corrective document. Qnce signed by the City, the document will be forwarded to the MPCA_ for its signat~lre at which time the corrective document will be effective and will be recorded upon the public records. Nothing in the corrective document changes the intent, terms or requirements of the original Declaration. As always, please do not hesitate to contact me ifyou would like any additional information on this matter. DAN/loam Also admitted to practice in Wisconsin CORRECTIVE DOCUMENT RELATING TO DECLARATION OF RESTRICTIONS AND COVENANTS AND AFFIDAVIT CONCERNING REAL PROPERTY CONTAMINATED WITH HAZARDOUS SUBSTANCES ("Corrective Document"} - This Corrective Document is entered into as of , 2010 by: (i.} The City of Hastings, Minnesota ("City of Hastings"}; {ii.) the Minnesota Pollution Control Agency {"MPCA"); and (iii.) Flint Hills Resotu-ces, LP (formerly known as Koch Petroleum Group, L.P.} {«F~) WHEREAS, in September and October of 2003, the City of Hastings, the MPCA, and FHR executed a Declaration of Restrictions and Covenants and Affidavit Concerning Real Property Contaixainated with Hazardous Substances, a copy of which is attached hereto and incorporated herein as Exhibit 1 (the "2003 Declaration"); - WHEREAS, the 20D3 Declaration related to certain property that :was conveyed by FHR to the City of Hastings in 2401, as fi.~rther detailed therein, and was effective as of April 15, 2001; - WHEREAS, the 2003 Declaration was recorded on January 15, 2004 in the Office of the County Recorder for Dakota Colmty, Minnesota as Document Nurr~ber 2164348; WHEREAS, the City of Hastings, the MPCA, and FHR recognize and acknowledge that the 2003 Declaration contained the following defects: (i.} The date of FHR's execution of the 2003 Declaration was left blank on Page 11; (ii.) FHR's Notaxy Block on Page 12 was not executed; and (iii.) The date of the City of Hastings execution of the 20.03 Declaration was Ieft blank on Page 12. WHEREAS, the City of Hastings, the MPCA, and FHR desire to correct the above-Hated defects of the 2003 Declaration by executing this Corrective Document and recording it in the Office of the County Recorder for Dakota County; Minnesota. NOW, THEREFORE, the City of Hastings, the MPCA, and FHR state and agree as follows: 1. By executing this Corrective Document, the City of Hastings, the MPCA, and FHR each ratify the 2003 Declaration and confiixn that it was validly executed by the parties thereto effective as of April 15, 2001. 2. This Corrective Document is effective at the time the MPCA executes this Corrective Document. In Witness Whereof, this instrument has been executed by FHR on this c~ ~ day of ~' (. ,F_~. 2010, but effective for all purposes as of April 15, 2001. FLINT HILLS RESOURCES, LP By: FHRIGP LC, ' g partner By Name:.~-~~' ~ ~.~~~.s 'tle: IC ~ ~ e ~,~i~~s STATE OF TEXAS [~~t [~v+ _,lS°"'""'4 ) ilJ ~:':~*flglyi4 Severiy A AQ~@~8 "'= Notary Public, 5ta#e og Texas COT_TNTY OF NUECES ) ~?% •r~ My Commission Expir®s: ~ _ •, °i`"~,+ May $, 2013 On this ~~ day of ~--~~~~ , 2010, before me a notary public within and for said County and State, personally appeared `~ 1~~ {' .1 L~ll1f,~.s~ to me personally known, who, being duly sworn by me on oath, did say that he/she is the person who signed the foregoing instrument and acknowledged that helshe signed the same as the free act and deed for the uses and purposes therein set forth. - ___,/~ Notary Public, Nueces County, Texas My cammissian expires: ~l ~ :~~~ j In Witness Whereof, this instrument has been executed by the City of Hastings on this day of , 2010, but effective for all purposes as of April 15, 2001. The CITY OF HASTINGS, MINNESOTA By: Name: Paul Hicks Title: Mayor, City of Hastings, Minnesota 2 I, Melanie Mesko Lee, certify that I am the City Clerk of the City of Hastings, State of Minnesota; that Paul Hicks signed this Corrective Document on behalf of said City of Hastings, being then Mayor; that said Corrective Document was duly signed for and on behalf of said City by authority of its governing body and is within the scope of said governing body's corporate and legislative powers. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal this day of 2010. City Clerk, City of Hastings In Witness Whereof, this instniment has been accepted on behalf of the Minnesota Pollution Control Agency, pursuant to Minn. Stat. §115B.17, subd. 15, this day of 2010, but effective for all purposes as of April 15, 2001. By Printed Name: Michael Kanner Superfiind, RCRA and Vohintary Cleanup Section Remediation Division Delegate of the Commissioner of the Minnesota Pollution Control Agengy State of Minnesota ) )SS. County of Ramsey } This instrument was acknowledged befare nrae on , 2010, by Michael Kanner, a delegate of the Minnesota Pollution Control Agency, a state agency, on behalf of the State of Minnesota. Notary Public My Commission expires: THIS INSTRUMENT WAS DRAFTED BY: Allen OIson, Attorney Flint Hills Resources, LP 4111 East 37~h Street North Wichita, Kansas 67224 3