HomeMy WebLinkAbout2008-002 Term Dec of Parking RestrictionsCity of Brooklyn Center
Planning Commission Application
Date Received Application No.
Please Print Cleariv or Tvoe
Address/Street Location of'>Property 3300 County Road 10, Brooklyn Center, Minnesota
Legal Description of Property Lot 1, Block 1, Brooklyn Crossing 3rd Addition
Hennepin County, Minnesota
Owner Brookdale Office Park Limited Partnership, L.L.P. Phone No. 612-395-7000
500 Washington Avenue S, Suite 3000, Mpls, MN 55415 612-395-7002
Address FAX No.
Suzanne Berndt on behalf of
Applicant Brookdale Office Park Limited Partnership, L.L.P.Phone No. 612-395-7036
Address 500 Washington Avenue South, #3000, Mpls., MN 554YAX No. 612-395-=2736
Type of Request: ❑ Rezoning ($1050) ❑ Special Use Permit ($200)
❑ Subdivision Approval ($300)
❑ Planned Unit Development ($1800)
❑ Variance ($200)
❑ Site & Building Plan Approval ($750)
❑ Appeal ($200)
%Other: Proof of Parking
Description of Request: Termination of Declaration Regarding Parking FaSement and
Restrictions filed a,s Doc.No- 211Z149, and rpplacin4 it wj~h h, Declaration of
Covenants regarding Proof of Parking.-
Application Fee $ ,G 00, D (D Acct No. 1 0 1 00-4403 Receipt No.
The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center,
within fifteen (15) days after mailing or delivery of the billing statement, the actual costs incurred by the
City for Engineering, Planning and Legal expenses reasonably and necessarily required by the City for the
processing of the application. Such costs will be in addition to the application fee described herein.
Withdrawal of the application will not relieve the applicant of the obligation to_pay costs incurred prior to
withdrawal. Gary S. Holmes, as Trustee of the Gary S.
Brookdale Office Park Limited Holme R evocabl ~ust u/a dated 11/9/1995
Partnership, L.L.P.r~rte.,.`0/ . 1 _,O,
Applicant (Please Print) ` Applicadt's Signature
General Pj(rtner and Managing Partner
City Use Only PLANNING COMMISSION RECOMMENDATION City Use Only
Dates of P. C. Consideration S_U g
Acti n Taken n nn p 0 0 ED
Approved ❑ Denied this t• day of M a---~V 20 U subject to the
following conditions:
III
6Chairman
CITY COUNCIL ACTION
Dates of Council Consideration I 5 _a -2 _ Z) 8
Action Taken n rD 0 e,,,/
IJ Approved ❑ Denied this day of YA" 20 , with the following
amend t:
- 1
j TV
Clerk
CITY OF BROOKLYN CENTER
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
PROCEDURES AND REQUIREMENTS FOR FILING APPLICATION FOR
SITE AND BUILDING PLAN APPROVAL
Prior to submission of an application for plan review and approval, prospective applicants should arrange an
informational meeting with the Planning Staff to discuss preliminary plans and.to become familiarized with
applicable ordinance and policy provisions.
Four (4) copies of the following documents and information will be submitted, at least 14 davs prior to the date
of the regular Commission meeting, concurrent with filing the application (required documents must be
consistent with ordinance and policy provisions before an application may be accepted):
1. A certified site survey drawing by a registered engineer or land surveyor showing pertinent existing
condition, accurately dimensioned.
2. *An accurately scaled and dimensioned site plan indicating:
a) parking layouts and access provisions, including calculation of ordinance parking requirements;
b) designations and locations of all proposed buildings and required setback lines;
c) fences, walls or other screening, including heights and type of material;
d) outside lighting provisions, type and location (foot candle strength at property line must be calculated);
e) curbing (B612 curb and gutter is required). Indicate radius measurements;
f) building information, including: gross floor area, type of construction and occupancy classification.
3. *A landscape plan showing areas to be sodded or seeded, quantity, location, size and species of trees and
shrubbery. (Note: Underground irrigation is required in all landscaped areas in commercial and industrial
districts. Plans must be so noted.)
4. *Building floor plans, elevations, sections and specifications, including materials proposed.
5. *Existing and proposed land elevations, drainage provisions, and utility provisions, including the diameters
of utility lines.
6. Additional drawings, plans or information deemed necessary by the Secretary.
*Must be prepared by a registered architect or person registered with the State Board of Registration for
Architects, Engineers, Landscape Architects and Land Surveyors, and said drawings/plans will be so
certified.
NOTE: Upon approval of plans by the Council and prior to issuance of permits, a Performance Agreement as to
approved site improvements and a supporting financial guarantee, in an amount to be determined by
the City, are required. Acceptable financial instruments include cash escrow; certificate of deposit;
and performance bond.
Copies of the Zoning Ordinance may be obtained from the Administrative Office. Questions should be directed
to the Planning and Zoning Specialist at 763-569-3330.
Procedures & Requirements for Filing
Application for Site & Bldg Plan Approval
Revised 5-05
Doc No 4510710 07/03/2008 03:00 PM
Certified filed and or recorded on above date:
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 418021
Deputy 55
New cert Cert
Fees
1215559
$1.50 AF
1016001
$10.50 STATEFEE
$54.00 TDOCFEE
$0.00 TSUR
$2.00 COPY
$68.00 Total
TERMINATION
OF
DECLARATION REGARDING PARKING EASEMENT AND RESTRICTIONS,
(DOCUMENT NO. 2117149)
This Termination of Declaration Regarding Parking Easement and Restrictions
("Termination") is entered into as of the I F rA day of June, 2008, by and between the City of
Brooklyn Center, a Minnesota municipal corporation ("City"), Brookdale Office Park Limited
Partnership, L.L.P., a Minnesota limited liability limited partnership ("Brookdale"), and CSM
Lakeside Limited Partnership, L.L.P., a Minnesota limited liability limited partnership ("CSM").
RECITALS
A. WHEREAS, CSM is the owner of that certain property situated in the City of Brooklyn
Center, Minnesota, described as Lot 2, Block 1, Brooklyn Crossing 3rd Addition, Hennepin
County, Minnesota (the "CSM Property");
B. WHEREAS, Brookdale is the owner of that certain property situated in the City of
Brooklyn Center, Minnesota, described as Lot 1, Block 1, Brooklyn Crossing 3rd Addition,
Hennepin County, Minnesota (the `Brookdale Property");
C. WHEREAS, the CSM Property and the Brookdale Property are burdened by that certain
Declaration Regarding Parking Easement and Restrictions dated August 10, 1990, recorded
August 14, 1990, as Document No. 2117149, Office of Registrar of Titles, Hennepin County,
Minnesota (the "Declaration");
D. WHEREAS, the Declaration provides that the easements and restrictions set forth therein
shall remain in effect until released by the City;
E. WHEREAS, the City has agreed that there is sufficient proof of parking on the Brookdale
Property to meet the requirements of the City Code, which is evidenced by a Declaration of
Covenants between the City and Brookdale of even date herewith;
F. WHEREAS, Brookdale has agreed to release its parking easements over the CSM
Property which were granted in the Declaration for the benefit of the Brookdale Property; and
G. WHEREAS, CSM, Brookdale and City have agreed to terminate the Declaration.
Termination of Doc. 2117149 1
NOW THEREFORE, in consideration of the foregoing Recitals, CSM, Brookdale and the City
hereby declare as follows:
1. City, Brookdale and CSM covenant that the signatories hereto have the authority to
execute this Termination.
2. Brookdale hereby releases the CSM Property from the parking easements which were
granted in the Declaration for the benefit of the Brookdale Property.
3. Upon execution and recordation of this Termination, the CSM Property and the
Brookdale Property are forever released from the Declaration and the easements, terms and
obligations set forth therein, and the Declaration is terminated and of no further force and effect
upon the CSM Property and the Brookdale Property.
CITY OF BROOKLYN CENTER
By:
Tim Willson, Mayor of the City of Brooklyn Center
By: .
Curt Bo ly-,g!OA-anager
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this r~3 f6~ day of-,J- tj Ve- ,
2008, by Tim Willson and Curt Boganey, the Mayor and City Manager respectively of the City
of Brooklyn Center, a Minnesota Municipal corporation, on behalf of the City of Brooklyn
Center.
BY: r1Gt~►d~ • l
Notary Public VVVVAWiVVVVVV*AM
SHARON L.KNUTSON
Notary Stamp/Seal: w7m U
IdbWamb"90mis MI N*
DRAFTED BY: CSM CORPORA"""----"-_____--___
500 Washington Avenue South, Suite 3000, Minneapolis, Minnesota 55415
Termination of Doc. 2117149 2
BROOKDALE OFFICE PARK LIMITED PARTNERSHIP, L.L.P.
it
By:
Gary S.°Ioas T st e f e ary S. Holmes
Revocable Trust er cement dated November 9, 1995,
as amended, its General Partner and Managing Partner.
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this Ap '5 day of June, 2008, by
Gary S. Holmes, as Trustee of the Gary S. Holmes Revocable Trust Under Agreement dated
November 9, 1995, as amended, the General Partner and Managing Partner of Brookdale
Office Park Limited Partnership, L.L.P., a Minnesota limited liability limited partnership.
JEAN M CROSBY
otary Public'
e~ NOTARY PUBLIC - MINNESOTA
c My Commission Expires Jan. 31, 2010
CSM LAKESIDE LIMITED,FARTNERSHIP, L.L.P.
By: ~ /
G , artx~Voff--fhe .Holmes
Revocable st Under Agreement dated November 9, 1995,
as amended, its General Partner and Managing Partner.
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this Al ~5 day of June, 2008, by
Gary S. Holmes, as Trustee of the Gary S. Holmes Revocable Trust Under Agreement dated
November 9, 1995, as amended, the General Partner and Managing Partner of CSM Lakeside
Limited Partnership, L.L.P., a Minnesota limited liability limited partnership.
✓~j
By: J~ AN CROSBY
XOtary Public ® NOTARY PUBLIC - MINNESOTA
0 My Commission Expires Jan. 31, 2010
Termination of Doc. 2117149 3
CONSENT AND JOINDER BY LENDER
UNION SECURITY INSURANCE COMPANY, an Iowa corporation, formerly known as Fortis
Benefits Insurance Company, an Iowa corporation, which was formerly known as Fortis Benefits
Insurance Company, a Minnesota corporation, as successor mortgagee tinder that certain
Mortgage and Security Agreement dated September 8, 1999, recorded as Document No.
3201693, and that certain Assignment of Leases and Rents dated September 8, 1999, recorded as
Document No. 3201694, in the office of the Registrar of Titles in and for Hennepin County,
Minnesota, as modified by Modification of Mortgage and Security Agreement and of
Assignment of Leases and Rents dated October 7, 2002, and recorded as Document No. 3622400
(collectively, the "Mortgage"), executed by CSM Lakeside Limited Partnership now known as
CSM Lakeside Limited Partnership, L.L.P., encumbering land within the County of Hennepin,
State of Minnesota, described as Lot 2, Block 1, Brooklyn Crossing 3'd Addition, does hereby
consent to and join in the foregoing Termination.
IN TESTIMONY THEREOF, the undersigned has hereunto executed this instrument the
_ day of -.,~)NC , 2008.
UNION SECURITY INSURANCE COMPANY
(formerly known as Fortis Benefits Insurance Company)
By:
Name, i 44Ohn 8 h6n
Its: \ 1 ' W
STATE OF ,N GJ )
)ss.
COUNTY OF
2w )
The foregoing instrument was acknowledged before me this '304 4- day of Ju ti e , 2008,
by ,Jn In vv F S k P,2 ka t., the V i Le P M i d a4, -I- of UNION
SECURITY INSURANCE COMPANY, an Iowa corporation, formerly known as Fortis Benefits
Insurance Company, an Iowa corporation which was formerly known as Fortis Benefits
Insurance Company, a Minnesota corporation.
rr~rNr
A8010 MIN
Nofalr - of MW ~ ,
No. 014617670
Notary Public etwww in Quem Counh
Notary SealiStamp: Conwo bn Ex os
Termination of Doe. 2117149 4
nsrigsii2 .'I nftL
inebiww qw ow
*W wW ►o ofot4 • *OdtA v*WM
Oft#tf*3t#0 OM
~karo~ www '10 to 0 #Wuo
soilgxl ooaalmm~ o
CONSENT AND JOINDER BY LENDER
U.S. BANK NATIONAL ASSOCIATION, a national banking association, as successor
mortgagee under the
(i) Combination Mortgage, Security Agreement and Fixture Financing Statement
recorded December 26, 1984, as Document No. 1618657,
(ii) First Assignment of Leases and Rents recorded December 26, 1984, as Document
No. 1618658,
(iii) Combination Mortgage, Security Agreement and Fixture Financing Statement
recorded December 26, 1984, as Document No. 1618659, and
(iv) Second Assignment of Leases and Rents recorded December 26, 1984, as
Document No. 1618660,
all in the office of the Registrar of Titles in and for Hennepin County, Minnesota, (collectively,
the "Mortgages"), executed by Brookdale Office Park Partnership, encumbering land within the
County of Hennepin, State of Minnesota, described as all or a portion of Lot 1, Block 1,
Brooklyn Crossing P Addition,
and as successor Trustee pursuant to Indenture of Trust between the City of Brooklyn Center,
Minnesota, and First Trust Company of Saint Paul, dated December 1, 1984, as referenced in the
Mortgages,
does hereby consent to and join in the foregoing Termination.
IN TESTIMONY THEREOF, the undersigned has hereunto executed this instrument the
day of , 2008.
U.S. BANK NATIONAL ASSOCIATION
By: 1~?Z)eY
Name: '14:,-A1*e6
Its:
GC
STATE OF n~n~ S~1 q )
)ss.
COUNTY OF ti e,n nt,. v1 )
The foregoing instrument was acknowledged before me this 'Z day of VA ~ , 2008,
by C~ 'r- )~R-~ q the U P of
U.S. BANK NATIONAL ASSOCIATION, a national banking association.
Not,)ry Public
Notary Seal/Stamp:
Termination of Doc. 2117149 5
LEAWYPubft
y nE~ M,2
c"Jrr eorparatl
b ~
Tema„ t°ros6f Lesal
mod.
5,00 m PIS 1-n Al s 5 yrs
36Ga
k
y
Doc No 4510711 07/03/2008 03:00 PM
Certified filed and or recorded on above date:
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 418021
Deputy 55
New cert Cert
Fees
1215559
$1.50 AF
$10.50 STATEFEE
$34.00 TDOCFEE
$0.00 TSUR
$2.00 COPY
$48.00 Total
DECLARATION OF COVENANTS
This Declaration of Covenants ("Declaration") is made as of this /8 I day of June, 2008, by
BROOKDALE OFFICE PARK LIMITED PARTNERSHIP, L.L.P., a Minnesota limited
liability limited partnership (hereinafter referred to as the "Owner").
WHEREAS, the Owner is the owner of the real estate described as Lot 1, Block 1,
BROOKLYN CROSSING 3RD ADDITION, Hennepin County, Minnesota (hereinafter called
the "Subject Property"); and
WHEREAS, the Owner has submitted Application Numbered 2008-02 to the City of
Brooklyn Center (hereinafter referred to as the "City'), for approval of a Parking Plan (the
"Site Plan") for the current number of parking spaces on the Subject Property; and
WHEREAS, the Zoning Ordinance of the City currently requires two hundred sixty-seven
(267) motor vehicle parking spaces for the current use of the Subject Property; and
WHEREAS, the Owner has requested that it be permitted to continue the current use of the
Subject Property with only two hundred fifty five (255) parking spaces on the Subject
Property; and
WHEREAS, in consideration of being permitted to maintain fewer than the required number
of parking spaces on the Subject Property, Owner is willing to subject itself, its heirs, assigns,
and successors in interest to the Subject Property and the Subject Property to the continuing
condition that the City may at any time, in its absolute and sole discretion, require the
construction of additional parking spaces up to the number of spaces currently required by the
zoning ordinance of the City; and
WHEREAS, the City Council, on the 27th day of May, 2008, gave approval to the Owner's
request, conditioned, inter alia. upon the execution of this Declaration by Owner, agreeing to
comply with the covenants set forth herein.
NOW, THEREFORE, the Owner hereby declares that the Subject Property will be held, sold
and conveyed subject to the following covenants, conditions and restrictions which are for the
purpose of ensuring that the City may require the construction of up to twelve (12) additional
parking spaces in accordance with the ordinances of the City of Brooklyn Center, and which
will run with the Subject Property and which will be binding on all parties having any right,
title, or interest in the Subject Property, or any part thereof, their heirs, successors and assigns,
and which will inure to the benefit of such parties and the City.
Proof of Parking - Declaration of Covenants
Construction of Parkins Facilitv. The Owner hereby agrees to construct 12 additional parking
spaces upon the Subject Property, the location, design and construction thereof being in
accordance with the Site Plan submitted with Application Number 2008-02, or in accordance
with a revised plan approved by the City, if the City determines in its absolute and sole
discretion that such parking spaces are needed.
Timins of Construction. The additional 12 parking spaces will be constructed within one (1)
year after notice by the City to commence construction.
Pavment of Costs. Responsibility for payment of the costs of construction of the 12
additional parking spaces will be borne by the Owner, its heirs, successors or assigns.
Duration. The covenants set forth herein will run with the Subject Property and will be
binding on all persons claiming ownership thereunder for a period of thirty (30) years from
the date this Declaration is recorded. Thereafter, the covenant will be automatically extended
for successive periods of ten (10) years, but will expire, in any event, upon construction of the
12 additional parking spaces by the Owner and inspection and approval thereof by the City.
Amendment or Dissolution. No amendment or dissolution of this Declaration will be
effective without the written consent of the City. Upon construction of all additional parking
spaces and performances of all other acts required by this Declaration, the City will execute at
the request of any party having a right, title or interest in the Subject Property a suitable
document releasing the Subject Property from the requirements of this Declaration.
Partial Performance. The City may require the construction of the additional parking spaces
in increments, and the rights of the City to require the construction of the remaining additional
parking spaces will not be terminated thereby. The Owner, however, may elect to construct
all of the additional parking spaces at any time.
Enforcement. In the event the Owner, its successors or assigns, fails to construct the required
number of additional parking spaces within one year after notice by the
City described herein, the City may proceed to enforce the covenants contained in this
Declaration by appropriate legal or equitable Court proceedings; and the Owner, on behalf of
itself, its successors or assigns, agrees to pay all costs of such enforcement, including
reasonable attorney's fees, costs and expenses of any kind.
IN WITNESS WHEREOF, the Owner hereto has executed this declaration on the day and
year indicated below.
(signature on the following page)
Proof of Parking - Declaration of Covenants 2
f ~
BROOKDALE OFFICE PARK LIMITED PARTNERSHIP, L.L.P.
Dated: June , 2008
By: _
Gary S o mes, s Tpus o the Gary S. Holmes
Revocable Trust der A eement dated
November 9, 1995, as amended, its General
Partner and Managing Partner.
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of June, 2008, by
Gary S. Holmes, as Trustee of the Gary S. Holmes Revocable Trust under Agreement dated
November 9, 1995, as amended, the General Partner and the Managing Partner of
BROOKDALE OFFICE PARK LIMITED PARTNERSHIP, L.L.P., a Minnesota limited
liability limited partnership.
xx
NoWy Public
This Document Prepared by:
CSM Corporation
500 Washington Avenue South, Suite 3000
Minneapolis, MN 55415
Proof of Parking - Declaration of Covenants
3
F JEAN M CROSBY
` NOTARY PUBLIC - MINNESOTA
`z, My commission Expires Jan. 31, 2010
CONSENT AND JOINDER BY LENDER
U.S. BANK NATIONAL ASSOCIATION, a national banking association, as successor
mortgagee under the
(i) Combination Mortgage, Security Agreement and Fixture Financing Statement
recorded December 26, 1984, as Document No. 1618657,
(ii) First Assignment of Leases and Rents recorded December 26, 1984, as
Document No. 1618658,
(iii) Combination Mortgage, Security Agreement and Fixture Financing Statement
recorded December 26, 1984, as Document No. 1618659, and
(iv) Second Assignment of Leases and Rents recorded December 26, 1984, as
Document No. 1618660,
all in the office of the Registrar of Titles in and for Hennepin County, Minnesota,
(collectively, the "Mortgages"), executed by Brookdale Office Park Partnership, encumbering
land within the County of Hennepin, State of Minnesota, described as all or a portion of Lot 1,
Block 1, Brooklyn Crossing 3' d Addition,
and as successor Trustee pursuant to Indenture of Trust between the city of Brooklyn Center,
Minnesota, and First Trust Company of Saint Paul, dated December 1, 1984, as referenced in
the Mortgages,
does hereby consent to and join in the foregoing Declaration of Covenants, and agrees and
acknowledges that the Mortgages shall be subordinate to said Declaration of Covenants.
IN TESTIMONY THEREOF, the undersigned has hereunto executed this instrument the
day of x'44, 2008.
U.S. BANK NATIONAL ASSOCIATION
By:
Name: v
Its:
STATE OF
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this -E day of ~~tl-~ , 2008,
by F RtXq the V
of U.S. BANK NATIONAL!, ASSOCIATION, a national banking association.
4tary Public
Notary Seal/Stamp:
Proof of Parking - Declaration of Covenants 4
LEAH
WQWV Pok
co"dwim 311.
VtNllMUii M ~tHA3J
a id
odw9 ~(WO014
n"sM
roc !s s~ww- rr,gs~,x+.,nvra~~ " s~
4 ~
~ a
0
a 3
~ v o