HomeMy WebLinkAboutVIII-07 Approve Signature of Donation Agreement Accepting 14.3 Acres from Flint Hills Resources Pine Bend, LLC
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: July 5, 2022
Item: Land Donation Agreement
Council Action Requested: Accept land donation from Flint Hills
Resources Pine Bend, LLC.
Background Information: This 14.3-acre parcel of land adjoins Lake
Rebecca Park and used to a part of the barge fueling “tank farm” off of Lock
and Dam Road. City staff approached Flint Hills 2+ years ago to inquire if
they had interest in donating this piece of land to the City to extend the Lake
Rebecca Park area. Since that time, city staff and FHR staff have worked
to bring this donation to reality.
A Phase 1 Environmental Assessment of the property has been completed
and no significant findings were recorded, this satisfies our duty to
investigate potential environmental concerns.
This parcel would also be a part of habitat enhancement work proposed in
Lake Rebecca Park through the LCCMR grant funding.
Staff recommend accepting this land donation.
Financial Impact:
Advisory Commission Discussion: None
Council Committee Discussion: None
Attachments:
▪ Aerial
▪ Donation Agreement
VIII-07
Dakota County, MN
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed.
This is not a legal document and should not be substituted for a title search,appraisal, survey, or
for zoning verification.
Map Scale
1 inch = 400 feet
6/24/2022
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DONATION AGREEMENT
This Donation Agreement (the “Agreement”) is made and entered into as of June 22, 2022,
by and between Flint Hills Resources Pine Bend, LLC, a Delaware limited liability company
(“Flint Hills”), and the City of Hastings, a Minnesota municipal corporation (“City”).
RECITALS
A. Flint Hills is the owner of certain real property in the City of Hastings, County of
Dakota, State of Minnesota, legally-described on Exhibit A attached hereto and incorporated
herein (the “Property”)
B. Flint Hills desires to donate, and City desires to accept, the donation of the
Property subject to the terms and conditions of this Agreement.
AGREEMENT
In consideration of the mutual covenants made below and other good and valuable
consideration, the parties agree as follows:
1. Offer and Acceptance. Flint Hills agrees to donate, and City agrees to accept
donation of the Property, subject to the terms and conditions of this Agreement. There is no
personal property included in this donation.
If Closing (as defined below) occurs hereunder, City shall accept the Property in its “AS
IS” condition (such provision shall not affect any environmental-related obligations Flint Hills
has under applicable law), without representation or warranty from Flint Hills except as expressly
provided for herein.
2. Title Matters. Upon execution of this Agreement, City shall, at its sole expense,
obtain a commitment for an owner’s policy of title insurance (“Commitment”). City shall be
allowed 20 business days after receipt of the Commitment for making any objections, which
shall be made in writing or deemed waived. Flint Hills shall (if Flint Hills elects to attempt to
cure any title objections) have 60 days after receipt of City’s written objections to make title
marketable (Flint Hills has no obligation hereunder to cure or attempt to cure any title
objections). Upon correction of title (if same occurs) and within 10 days after written notice to
City, the parties shall perform this Agreement according to its terms.
If the Flint Hills fails to make title marketable within the 60-day period, City may
terminate this Agreement without any liability on its part.
3. Conditions to Closing. The closing of the transaction contemplated by this
Agreement and the obligation of the Flint Hills to donate the Property and of the City to accept
the Property shall be subject to the following conditions:
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3.1 City having reviewed and approved title to the Property pursuant to Section 2,
above.
3.2. City having determined on or before the Closing Date (as defined below) that
it is satisfied, based upon the results of, and matters disclosed by, any environmental or
soil investigations or testing of the Property, that there are no environmental, soil, or other
conditions that would interfere with City’s proposed use of the Property. City’s proposed
use of the Property is for conservation purposes.
The above contingencies are for the sole benefit of City, and City shall have the right to
waive those contingencies by giving written notice to Flint Hills. If the contingencies set forth in
this Section have not been satisfied by the Closing Date, City may terminate this Agreement
without any liability on its part by giving written notice to Flint Hills on or before the Closing
Date.
4. Available Surveys, Tests, and Reports. Within ten (10) days of the Effective Date,
Flint Hills shall cause to be delivered to City, (a) copies of any surveys, easement documents,
property tax information (including any appeals), soil tests, environmental or engineering reports,
wetland delineations, and any other studies and/or site analyses previously conducted on the
Property and in the possession of Flint Hills (b) copies of existing title work for the Property and
in the possession of Flint Hills. If City so requests, Flint Hills shall request the preparers of any
such surveys, soil tests, environmental reports, and any other studies and/or site analyses to re-
issue or re-certify the same for the direct benefit of City, at City’s expense, so that City may rely
on such site analyses or surveys as if prepared for City in the first instance.
5. Property Investigations. City and its agents shall have the right, at their sole option
and risk, to enter the Property for the purposes of surveying inspecting and evaluating the Property
as may be necessary to determine the suitability of the Property for uses by the City. City shall
not perform any invasive sampling or testing of the Property. If City investigates or tests the
Property pursuant to this Section, City shall pay all costs and expenses of such investigations and
testing and shall hold Flint Hills harmless from all damages and liabilities arising out of City’s
activities. All such inspections/testings will be done at times and in manners mutually agreeable
to the parties. If the parties are not able to reach an agreement with respect to the times and/or
manners of any such inspections, either Flint Hills or City may elect to terminate this Agreement
at any time prior to Closing upon written notice to the other party, with no further liability by either
party to the other based on such termination. City agrees to provide Flint Hills, prior to Closing,
with any reports and/or assessments prepared by City or City’s consultants concerning the physical
condition of the Property.
If City’s inspections or other inspections prior to Closing reveal any environmental issue
relating to the Property that could require the Flint Hills to conduct remediation operations,
Flint Hills may elect to terminate this Agreement at any time prior to Closing upon written
notice to City, with no further liability by either party to the other based on such termination.
6. Real Estate Taxes. General real estate taxes applicable to the Property due and
payable in the year of Closing shall be prorated between Flint Hills and City on a daily basis as of
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12:00 a.m. CT on the Closing Date based upon a calendar fiscal year, with Flint Hills paying those
allocable to the period prior to the Closing Date and City being responsible for those allocable to
the Closing Date and subsequent thereto.
7. Special Assessments. Flint Hills will pay the outstanding balance of all pending
and levied assessments prior to Closing Date.
8. Closing.
8.1. The closing (“Closing”) shall take place on August 25, 2022, (“Closing
Date”) at DCA Title Company, 1313 147th Street West, Suite 161 in Apple Valley,
Minnesota, unless otherwise agreed to by the parties.
8.2. On the Closing Date, Flint Hills shall deliver to City possession of the
Property, and shall execute and/or deliver to City:
a) A duly executed special warranty deed in the form attached hereto
as Exhibit B;
b) A duly executed “Affidavit of Seller” in a form acceptable to Flint
Hills;
c) An “Affidavit of Non-foreign Identity”; and,
d) Such other documents as may be reasonably required by City’s title
examiner or title insurance company, subject to the other provisions herein.
8.3. City shall pay at Closing: the state deed tax; all recording fees and charges
relating to the transaction; title insurance premium, if any; and title company closing fee if
any.
9. Personal Property Not Included. There is no personal property included in this
donation. Flint Hills shall remove all of Flint Hills’s personal property, if any, from the Property
prior to closing. Any personal property that remains on the Property after the Closing (other than
any personal property located on the Property pursuant to third-party easements) shall be deemed
to have been abandoned and shall become the exclusive property of City.
10. Covenants, Representations and Warranties of Flint Hills. Flint Hills hereby
warrants and represents to City that, as of the date hereof, each of the following is true and accurate
to the best of Flint Hills’s knowledge:
10.1. Flint Hills shall take no actions to encumber title to the Property after the
date of this Agreement.
10.2. Flint Hills has the full right and authority to convey the Property to City
as provided in this Agreement and the attached Special Warranty Deed form (Flint Hills’s
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warranty of title to the Property is limited, as provided for in the attached Special Warranty
Deed form), and the person signing this Agreement has the authority to sign on behalf of
the Flint Hills.
10.3. There is a right of access to the Property from a public right of way.
10.4. Prior to the Closing Date, payment in full will have been made (or will
thereafter be timely made in the ordinary course of business) for all labor, materials,
machinery, fixtures or tools furnished within the 120 days immediately preceding the
Closing Date in connection with construction, alteration or repair of any structure on or
improvement to the Property.
10.5. There have been no bankruptcy proceedings involving Flint Hills during
the time Flint Hills has had any interest in the Property.
10.6. There is no action, litigation, investigation, condemnation or proceeding
of any kind pending or threatened against Flint Hills or the Property that could materially
adversely affect the Property, any portion thereof or title thereto. Flint Hills shall give City
prompt written notice if any such action, litigation, condemnation or proceeding is
commenced or, to Flint Hills’s knowledge, threatened prior to the Closing Date.
10.7. There are no wells located on the Property, there are no underground
storage tanks located on the Property, and there are no septic systems located on the
Property.
10.8. The Property is not occupied by any tenant nor will the Property be subject
to any rights of a tenant under a written or oral lease that expires after the Closing Date.
10.9. Flint Hills has no knowledge that any condition in the Property violates in
any material respect any provisions of any applicable building codes, health codes, fire
regulations, building restrictions, or other ordinances, orders, or regulations.
Flint Hills hereby agrees that each of the foregoing representations and warranties shall be
deemed restated by Flint Hills (subject to any exceptions based on change of facts or change in
knowledge, that are provided in writing to City prior to Closing,) effective as of Closing, and shall
survive closing hereunder for a period of twelve (12) months thereafter. In the event that any
representation or warranty was or is incorrect or breached when made, Flint Hills shall be liable to
City for any actual damages of City arising therefrom.
11. Representations and Warranties of City.
11.1. City is a political subdivision of the State of Minnesota and has the power
to enter into this Agreement.
11.2. City has approved acceptance of the donation of the Property in accordance
with this Agreement pursuant to Minnesota Statutes, Section 465.03.
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12. Naming Rights.
12.1. City agrees that the Property will be prominently named and referred to with
a name (as mutually and reasonably agreed to by Flint Hills and City) that includes the
words “Flint Hills Resources,” unless a change to another name is agreed upon by the
parties. During the period specified in Section 12.3, in the event that Flint Hills’ s name
(or, if Flint Hills ceases to exist, Flint Hills’s successor’s name) is changed (by merger or
otherwise) and no longer includes the words “Flint Hills Resources,” City agrees to not
unreasonably refuse to agree to a name change that includes Flint Hills’s (or its successor’s)
new name. (This provision does not grant City any rights in Flint Hills’s trade names or
trademarks, except for the right to use the words “Flint Hills Resources” for purposes of
the Property name as specifically described herein.)
12.2. City will not name any field at, facility at, improvement on, or any part of
the Property using the name or logo of any other energy producing company. For purposes
of this section, “energy producing company” means a company engaged in the refining or
transportation of petroleum products.
12.3. The provisions of this Section 12 shall survive closing and bind City as long
as it owns the Property and shall bind (unless such obligations are released by Flint Hills,
or if Flint Hills ceases to exist, by Flint Hills’s successor) City’s successors and assigns
who own all or any portion of the Property for a period of 50 years from and after the date
of Closing hereunder.
13. Use Restrictions.
13.1. The parties acknowledge that the Deed for the Property contains certain
use restrictions as to City’s future use of the Property.
13.2. The Property may not be sold or transferred to any other party or entity
without the written consent and approval of Flint Hills.
13.3. Should City violate the use restrictions in the Deed for Property, then title
to the Property shall revert to Flint Hills and Flint Hills shall have an immediate right to
retake the Property.
13.4. The provisions of this Section 13 shall survive closing and shall, in
perpetuity, bind City as long as it owns the Property, and shall bind (unless such
obligations are released by Flint Hills, or if Flint Hills ceases to exist, by Flint Hills’s
successor) City’s successors, assigns, and purchasers of any part of the Property.
14. Miscellaneous.
14.1. This Agreement represents the complete and final agreement of the parties
and supersedes any prior oral or written understanding, with respect to the subject matter
hereof. This Agreement may be amended only by a writing executed by the parties hereto.
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This Agreement shall be binding on the parties hereto, their successors and assigns. City
may not assign its interest in this Agreement to any third party prior to Closing. The
parties’ obligations hereunder shall survive Closing and the delivery of the deed at
Closing.
14.2. All notices required hereunder shall be given by depositing in the U.S.
mail. postage prepaid, certified mail, return receipt requested, to the following addresses
(or such other addresses as either party may notify the other):
To the Flint Hills:
Flint Hills Resources Pine Bend, LLC
Attn: Executive Vice President - Operations
4111 East 37th Street North
Wichita, Kansas 67220
To the City: City of Hastings
Attn: City Administrator
101 4th Street East
Hastings, MN 55033-1955
14.3 This Agreement shall be governed by the laws of the State of Minnesota.
14.4 Flint Hills shall be solely responsible for determining whether the donation
qualifies as a charitable contribution for purposes of federal and state income tax laws, and
City makes no representation or warranty to Flint Hills regarding tax matters, but the parties
will reasonably cooperate in the course of preparing necessary documentation relating to
such charitable contribution and tax matters. Flint Hills acknowledges that Flint Hills has
not relied upon any statements or representations of City with respect to tax matters.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
FLINT HILLS:
FLINT HILLS RESOURCES PINE BEND, LLC,
A Delaware limited liability company
By:
Jeff Ramsey
President and Chief Executive Officer
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CITY:
CITY OF HASTINGS,
A MINNESOTA MUNICIPAL CORPORATION
By:
Mayor Mary Fasbender
By:
City Clerk Kelly Murtaugh
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EXHIBIT A
A tract of land situated in Section 21, Township 115 N, Range 17 W, 5th Principal
Meridian, Dakota County, Minnesota, more specifically described as follows:
Commencing at meander corner on south line of said Section 21, said corner being
1,885.78 feet easterly of one quarter corner, which is 25.27 feet westerly of a witness corner
monument, thence westerly along south line of said Section 21, on an assumed bearing of N 89
degrees 02 minutes W, 240.00 feet; thence North 40 degrees 55 minutes West, 1,180.84 feet;
thence North 73 degrees 24 minutes West, 637.28 feet to the point of beginning; thence
continuing along last described line, 445.19 feet; thence North 31 degrees 02 minutes West,
1,887.08 feet; thence North 58 degrees 55 minutes East 300 feet; thence South 31 degrees 02
minutes 00 seconds East, 2,216.27 feet to the point of beginning.
SUBJECT TO THE FOLLOWING EXCEPTIONS AND RESERVATIONS: (1.) All easements,
restrictions, and reservations of record; (2.) All matters apparent from a visual inspection of said
real property; and (3.) All logos, emblems, signs, trademarks, trade names, and service marks that
are the property of FHR.
PID: 19-02100-70-011
Abstract Property
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Exhibit B
FORM OF SPECIAL WARRANTY DEED
STATE OF MINNESOTA )
)
COUNTY OF DAKOTA )
Flint Hills Resources Pine Bend, LLC, a Delaware limited liability company, (“Grantor”), with a
place of business at 4111 East 37th Street North, Wichita, Kansas 67220, for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, sell and
convey unto the City of Hastings, Minnesota (“Grantee”), having a place of business at 101 4th Street East,
Hastings, Minnesota 55033-1955, all of its right title and interest in and to the property and premises which
are more particularly described on Exhibit A attached hereto and made a part hereof, together with all and
singular the rights and appurtenances belonging in any way to such property (the “Property”), subject to
the exceptions and reservations stated or referred to in Exhibit A and for so long as Property Owners (as
defined below) abide by the following restrictions:
A. The following “Restrictive Covenant(s)” shall be imposed with respect to the Property:
To the fullest extent permitted by applicable law, Grantee, on its behalf and on behalf of its
successors and assigns and all present and future owners and occupiers of and/or successors in title or
interest to the Property and any part thereof (collectively, “Property Owners”), agrees to use the Property
as public parkland and agrees to the following:
(i) To not allow the Property to be used for residential purposes, it being the expressed
intent of the parties hereto that the Property will be used for conservation uses only
and that at no time will any persons be domiciled or otherwise reside on the Property;
(ii) To prevent the withdrawal of groundwater on, at, under or from the Property for any
private or public use including, but not limited to, recreational, potable, irrigation,
commercial, industrial, residential and other possible uses;
(iii) Except for the construction, installation and maintenance of trails or parking areas or
picnic shelters to facilitate the public parkland use, to prevent the digging of any holes
and excavations of any soil on, at, under or from the Property; and
(iv) Not to sell or otherwise transfer the Property without the prior written consent of
Grantor.
The term “residential purposes” shall include, but not be limited to, use for dwellings such as
single family houses or multi-family dwellings and apartments, children’s homes, elderly housing, nursing
homes, residential portions of government-owned lands (local, state or federal), day care facilities,
educational facilities, hospitals or other medical care facilities, and churches. The above covenants shall
apply to and bind each and every Property Owners, and their respective successors and assigns, and shall
operate as a covenant running with the land and passing with title to the Property and any part thereof.
B. The Restrictive Covenants set forth herein shall not act to waive, rescind or modify any
other restrictions that may be in effect against the Property, it being the intention that the Restrictive
Covenants are to supplement and not replace, modify or amend any restrictions or other covenants
pertaining to the use of the Property in effect as of the date hereof. Grantee may request in writing a waiver
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of said Restrictive Covenants but no waiver, rescission, amendment or other modification of thereof shall
be effective unless made in a writing signed by an office of Grantor. The waiver of or failure to enforce
any of the restrictions or covenants contained herein shall in no event be deemed to be a waiver of the right
to do so at any time thereafter.
C. If at any time Property Owner breaches a Restrictive Covenant, the Property shall
immediately revert to Grantor, and Grantor shall have an immediate right to enter and take the Property.
GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTOR HAS NOT MADE, DOES
NOT MAKE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES, REPRESENTATIONS,
COVENANTS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, WHETHER ARISING BY
OPERATION OF LAW OR OTHERWISE, AS TO THE MERCHANTABILITY, QUANTITY,
QUALITY, ENVIRONMENTAL CONDITION, OR PHYSICAL CONDITION OF THE PROPERTY OR
ITS SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. GRANTEE AFFIRMS
THAT IT: (I) HAS INVESTIGATED AND INSPECTED THE PROPERTY AND IS FAMILIAR AND
SATISFIED WITH ITS ENVIRONMENTAL CONDITION AND PHYSICAL CONDITION AND (II)
HAS MADE ITS OWN DETERMINATION AS TO THE (A) MERCHANTABILITY, QUANTITY,
QUALITY, ENVIRONMENTAL CONDITION, AND PHYSICAL CONDITION OF THE PROPERTY,
INCLUDING THE POSSIBLE PRESENCE ON, AT, UNDER, OR EMANATING FROM THE
PROPERTY OF HAZARDOUS MATERIALS OR OTHER ENVIRONMENTAL CONTAMINATION,
AND (B) PROPERTY’S SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE.
GRANTEE HEREBY ACCEPTS THE PROPERTY IN ITS PRESENT ENVIRONMENTAL
CONDITION AND PHYSICAL CONDITION ON AN “AS IS,” “WHERE IS,” AND “WITH ALL
FAULTS AND DEFECTS” (INCLUDING ENVIRONMENTAL) BASIS, REGARDLESS OF HOW
SUCH FAULTS AND DEFECTS WERE CAUSED OR CREATED (BY GRANTOR’S NEGLIGENCE,
ACTIONS, OMISSIONS, OR FAULT, OR OTHERWISE), AND ACKNOWLEDGES THAT: (A)
WITHOUT THIS ACCEPTANCE, THIS SALE WOULD NOT BE MADE, AND (B) GRANTOR SHALL
NOT BE UNDER ANY OBLIGATION WHATSOEVER TO UNDERTAKE ANY IMPROVEMENT,
REPAIR, MODIFICATION, ALTERATION, REMEMDIATION, OR OTHER WORK OF ANY KIND
WITH RESPECT TO ANY OF THE PROPERTY.
GRANTOR IS HEREBY EXPRESSLY RELEASED BY GRANTEE AND ITS SUCCESSORS
AND ASIGNS FROM ANY AND ALL RESPONSIBILITIES, LIABILITIES, OBLIGATIONS, AND
CLAIMS, KNOWN AND UNKNOWN, WHETHER BASED UPON NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, ARISING UNDER ENVIRONMENTAL STATUTES, COMMON
LAWS, OR ANY OTHER LEGAL REQUIREMENT, INCLUDING ANY OBLIGATIONS TO TAKE
THE PROPERTY BACK AND ANY ACTIONS FOR CONTRIBUTION, INDEMNITY, OR TO
IMPROVE, REPAIR OR OTHERWISE MODIFY THE PHYSICAL CONDITION OR OPERATION OF
THE PROPERTY, THAT GRANTEE OR ITS SUCCESSORS OR ASSIGNS MAY HAVE AGAINST
GRANTOR OR THAT MAY ARISE IN THE FUTURE, BASED, IN WHOLE OR IN PART, UPON THE
PRESENCE OF HAZARDOUS MATERIALS OR OTHER ENVIONRMENTAL CONTAMINATION
ON, AT, UNDER, OR EMANATING FROM THE PROPERTY OR ARISING FROM THE
ENVIRONMENTAL CONDITION OR PHYSICAL CONDITION OF THE PROPERTY,
REGARDLESS OF HOW CAUSED OR CREATED (BY GRANTOR’S NEGLIGENCE, ACTIONS,
OMISSIONS, OR FAULT, PURSUANT TO ANY STATUTORY SCHEME OR STRICT LIABILITY,
OR OTHERWISE). GRANTEE FURTHER ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION HAVE BEEN FULLY EXPLAINED TO GRANTEE AND THAT IT FULLY
UNDERSTANDS AND ACCEPTS THE SAME AS A CONDITION TO PROCEEDING WITH THIS
TRANSACTION. GRANTEE ACKNOWLEDGES THAT NONE OF GRANTOR’S EMPLOYEES,
AGENTS, OR REPRESENTATIVES HAS MADE ANY STATEMENTS OR REPRESENTATIONS
CONTRARY TO THE PROVISIONS OF THIS SECTION.
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GRANTOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, AS TO THE ACCURACY OR COMPLETENESS OF ANY TITLE
OPINION, DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION, OR MATERIALS NOW,
HERETOFORE, OR HEREAFTER FURNSHIED OR MADE AVAILABLE TO GRANTEE IN
CONNECTION WITH THE PROPERTY, INCLUDING ANY DESCRIPTION OF THE PROPERTY,
THE PRICING ASSUMPTIONS, THE ENVIRONMENTAL CONDITION, OR PHYSICAL
CONDITION OF THE PROPERTY, ANY OTHER MATTERS CONTAINED IN THE DATA, OR ANY
OTHER MATERIALS FURNISHED OR MADE AVAILABLE TO GRANTEE BY GRANTOR OR BY
GRANTOR’S EMPLOYEES, AGENTS, OR REPRESENTATIVES. GRANTEE HAS RELIED, AND
WILL RELY, SOLEY UPON ITS INDEPENDENT INVESTIGATION OF, AND JUDGEMENT WITH
RESPECT TO, THE PROPERTY AND ITS VALUE.
TO HAVE AND TO HOLD said described Property unto the Grantee, Grantee’s successors and
assigns forever. Grantor warrants title to the Property, subject to the foregoing exceptions and restrictions,
unto Grantee against any and all acts, conveyances, liens and encumbrances affecting such Property made
or suffered to be made or done by, through or under Grantor, but not otherwise.
IN WITNESS WHEREOF, Grantor has executed this instrument this _____ day of
_________________, 2022.
FLINT HILLS RESOURCES PINE BEND, LLC
(“Grantor”)
By:
Jeff Ramsey
President and Chief Executive Officer
STATE OF KANSAS )
) ss.
COUNTY OF SEDGWICK )
This instrument was acknowledged before me this _______ day of ______________________,
2022, by __________________________, as ____________________________ of Flint Hills Resources
Pine Bend, LLC, a Delaware limited liability company, on behalf of said limited liability company.
Notary Public
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Executed this ___________ day of ______________________, 2022 by:
The CITY OF HASTINGS, MINNESOTA (“Grantee”)
By:
Printed Name: Mary Fasbender
Title: Mayor
I, Kelly Murtaugh, certify that I am the City Clerk of the City of Hastings, State of Minnesota; that
Mayor Mary Fasbender signed this Special Warranty Deed on behalf of said City of Hastings; that said
Special Warranty Deed 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 by official seal this
______ day of ___________________________, 2022.
Mail Tax Statements to:
City of Hastings, Minnesota
101 4th Street East
Hastings, Minnesota 55033-1955
DRAFTED BY:
Kim Boatright, Senior Counsel
Flint Hills Resources, LC
4111 East 37th Street North
Wichita, Kansas 67220
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EXHIBIT A
to
Special Warranty Deed dated ________________, 2022 by and between
Flint Hills Resources Pine Bend, LLC and The City of Hastings, Minnesota
Legal Description:
A tract of land situated in Section 21, Township 115 N, Range 17 W, 5th Principal Meridian,
Dakota County, Minnesota, more specifically described as follows:
Commencing at meander corner on south line of said Section 21, said corner being 1,885.78 feet
easterly of one quarter corner, which is 25.27 feet westerly of a witness corner monument, thence
westerly along south line of said Section 21, on an assumed bearing of N 89 degrees 02 minutes W,
240.00 feet; thence North 40 degrees 55 minutes West, 1,180.84 feet; thence North 73 degrees 24 minutes
West, 637.28 feet to the point of beginning; thence continuing along last described line, 445.19 feet;
thence North 31 degrees 02 minutes West, 1,887.08 feet; thence North 58 degrees 55 minutes East 300
feet; thence South 31 degrees 02 minutes 00 seconds East, 2,216.27 feet to the point of beginning.
SUBJECT TO THE FOLLOWING EXCEPTIONS AND RESERVATIONS: (1.) All easements,
restrictions, and reservations of record; (2.) All matters apparent from a visual inspection of said real
property; and (3.) All logos, emblems, signs, trademarks, trade names, and service marks that are the
property of FHR.
PID: 19-02100-70-011
Abstract Property
DocuSign Envelope ID: 639CA912-9A9B-436A-80C7-EB3A07EDD328
VIII-07