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Home My WebLink AboutPC94007 3-28-95 5401 69th AveBrooklyn Center. MN 55429 (612) 561-0477 Maranatha Baptist Care Center A Maranatha Ministry March 29, 1995 Mr. Ron Warren City of Brooklyn Center Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Ron: At its meeting, March 28, 1995, the Board of Directors voted to approve a contract with D.J. Kranz Co., Inc. to construct an expansion to the Nursing Home. Don Schroeden, 'Dice President is expediting the contract and will draw the Building Permit! The Board also approved the Proof of Parking covenant required by the City nod a signet: copy is enclosed. I had requested of Mark Maloney that the City provide some transit readings of elevations on the back yard of the property owned by Carol Meyer,' so that we could accommodate her concerns for water runoff. I believe he passed that onto Dave Anderson. Perhaps Dave could help in this regard, so we could solve this issue. Thank you for your assistance. Cordially, 7 Larry; Petersen Administrator ,7117, Affiliated with North Central Conservative Baptist Association EOE CITY OF BROOKLYN CENTER PLANNING CONMUSSION 6301 Shingle Creek Parkway 569-3330 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the Planning Commission of the City of Brooklyn Center will hold a public hearing on Thursday, June 16, at approximately 7:30 p.m., at the City Hall, 6301 Shingle Creek Parkway to consider the petition described below: TYPE OF REQUEST: Special Use Permit PETITIONER: Larry Peterson PROPERTY NAMED IN THE PETITION: Maranatha Baptist Care Center, 5401 69th Ave N Legal Description: Lot 1, Block 1, Maranatha Addition BRIEF STATEMENT OF CONTENTS OF PETITION: Request for Special Use Permit to construct 5,000 sq. ft. addition and remodeling of nursing care center. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. Respectfully, G. Ronald A. Warren Planning Commission Secretary Doe, A10- &gl539a- DECLARATION OF COVENANTS This declaration is made this day of A;�Zk , i 19 O �> , by Maranatha Rai t i rat rArp rp-ntnr hereinafter referred to as the Owner. WHEREAS, the Owner is the owner of the real estate described on Exhibit A (hereinafter called the "Subject Property"); and WHEREAS, the Owner has submitted an application numbered 94007 to the City of Brooklyn Center (hereinafter referred to as the "City"), for Site and Building Plan Approval for a 5,125 square foot addition on the Subject Property; and WHEREAS, the Zoning Ordinance of the City currently requires 66 motor vehicle parking spaces for the proposed use of the Subject Property; and WHEREAS, the Owner has requested that it be permitted to have , at this time, only 53 parking spaces on the Subject Property; and WHEREAS, in consideration of being permitted to construct fewer than the required number of parking spaces, 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 June , 19 94 , •gave preliminary approval to the Owner's request, 1 conditioned, inter alia, upon the execution of a guarantee for the future construction of 13 additional parking spaces. NOW, THEREFORE, the Owner hereby declares that the subject property shall 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 13 additionalparking spaces in accordance with the ordinances of the City of Brooklyn Center, and which shall run with the land described herein and which shall be binding on all parties having any right, title or interest in the land so described, or any part thereof, their heirs, successors and assigns, and which shall inure to the benefit of such parties and the City. Construction of Parking Facility. The Owner hereby agrees to construct 13 additional parking spaces, upon the subject property, or land directly contiguous thereto and used in conjunction therewith, the location, design and construction thereof being in accordance with the Site Plan submitted with application Number 94007 , if the. City determines, in its absolute and sole discretion that such parking spaces are needed. Timing of Construction. The additional 13 parking spaces shall be constructed within one (1) year after notice by the City to commence construction. Payment of Costs. Responsibility for payment of the costs of construction of the 13 additional parking spaces shall be borne by the Owner, its heirs, successors or assigns. Duration. The covenants set forth herein shall run with the land and shall be binding on all persons claiming ownership OA thereunder for a period of thirty (30) years from the date this declaration is recorded. Thereafter, the covenant shall be automatically extended for successive periods of ten (10) years, but shall expire, in any event, upon construction of the parking spaces by the Owner and inspection and approval thereof by the City. Amendment or Dissolution No amendment or dissolution of this Covenant shall 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 shall 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 this covenant by appropriate legal or equitable Court proceedings and the Owner, its successors or assigns agrees to pay all costs of such enforcement, including reasonable attorney's fees, costs and expenses of any kind. 3 IN WITNESS WHEREOF, the Owner hereto has executed this declaration on the day and year indicated below. Dated: 5 d- 9�, Dated: STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) 6 1 lZ.6S'r—r owner The foregoing was acknowledged before me this _ day of 19 ci by �� ( the I r �(^o f WW A Z X) Notaa y Public Subscribed and ijj, day of Notary Public to before me this �, 19. DAWN M. HANSON NOTARY PUBLIC-NINNESOTA <''•`�'.1`!' HENNEPIN COUNTY My Comm. Expires Jan. 31. 2000 r vvvvvvvvvvvvvvvvvvvvvvvvW V V V W vvv r This Document Prepared By: HOLMES & GRAVEN, CHARTERED 470 Pillsbury Center Minneapolis, MN 55402 FORMS DISK 4 EXHIBIT A Legal Description: Lot 1, Block 1, Maranatha Addition