HomeMy WebLinkAboutPlanning Commission Packet 12-16-2015PLANNING COMMISSION AGENDA
WEDNESDAY, December 16, 2015
WHERE: CITY COUNCIL CHAMBERS
Plymouth City Hall
3400 Plymouth Boulevard
Plymouth, MN 55447
CONSENT AGENDA
All items listed on the consent agenda are considered to be routine by the Planning Commission
and will be enacted by one motion. There will be no separate discussion of these items unless
a Commissioner, citizen or petitioner so requests, in which event the item will be removed from
the consent agenda and considered in normal sequence on the agenda.
1. CALL TO ORDER - 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
111:3 A W2181"IJ,T,I
4. APPROVAL OF AGENDA
5. CONSENT AGENDA
A. Approve the December 2, 2015 Planning Commission meeting minutes.
6. PUBLIC HEARINGS
A. Carlson Real Estate Services, LLC. Conditional use permit to exceed 50 percent office in
the 1-2 zoning district for property located at 161 Cheshire Lane. (2015104)
7. NEW BUSINESS
8. ADJOURNMENT
5.4
Draft Minutes
City of Plymouth
Planning Commission Meeting
December 2, 2015
MEMBERS PRESENT: Chair James Davis, Commissioners Marc Anderson, Julie Witt, Bryan
Oakley, Gary Goldetsky, Donovan Saba
MEMBERS ABSENT: Jim Kovach
STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Marie Darling
OTHERS PRESENT: Councilmember Ned Carroll
1. CALL TO ORDER - 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. PUBLIC FORUM
4. APPROVAL OF AGENDA
MOTION by Commissioner Goldetsky, seconded by Commissioner Anderson, to approve the
December 2, 2015 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved.
5. CONSENT AGENDA
A. APPROVAL OF THE NOVEMBER 4, 2015 PLANNING COMMISSION
MEETING MINUTES
B. JOHN MOHS. (2015091)
Approve a variance to the side yard setback to allow a garage addition at 1240 County Road 101.
C. BRAD AND DEB MIDDENDORF. (2015097)
Approve variances for a detached garage over 700 square feet in area and exceeding 15 feet in
height for property located at 3030 County Road 101.
MOTION by Commissioner Oakley, seconded by Commissioner Saba, to approve the consent
agenda. Vote. 6 Ayes. MOTION approved.
6. PUBLIC HEARINGS
A. SOUTHSHORE, LLC. (2015098)
Planning Commission Minutes
December 2, 2015
Page 2
Chair Davis introduced the request by Southshore, LLC for a preliminary plat and impervious
surface coverage variance for "Southshore Addition" located at 9905 13"' Avenue.
Senior Planner Darling gave an overview of the staff report.
Commissioner Anderson asked if the Minnesota Department of Natural Resources (DNR) had
reviewed the impervious surface variance.
Senior PIanner Darling responded that the ordinance and state rules require that the city forward
such a request to the DNR for comment. She noted that the DNR does not have to comment and
in this case, did not, Senior Planner Darling confirmed that no comment means the DNR does not
have any concerns about the request.
Chair Davis introduced Paul Gonyea, representing the applicant, who stated that he owns the two
buildings on the site with his brother, Dave Gonyea. He stated financing and estate planning are
the chief reasons for the plat. He also noted it would be easier to have each building on its own lot
if someone wanted to buy one of the buildings in the future. He did state that he is a Iong term
holder of industrial properties and emphasized his intent to hold this property over the long term.
Chair Davis opened the public hearing and closed the public hearing as there was no one present
to speak on the item.
MOTION by Commissioner Anderson, seconded by Commissioner Goldetsky, to recommend
approval of the request by Southshore, LLC for a preliminary plat and impervious surface coverage
variance for "Southshore Addition" located at 9905 13`x' Avenue, Vote. 6 Ayes. MOTION
approved.
7. NEW BUSINESS
S. ADJOURNMENT
MOTION by Chair Davis, with no objection, to adjourn the meeting at 7:14 P.M.
Agenda Number
File 2015104 •
PLYMOUTH COMMUNITY
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING
STAFF REPORT
TO: Plymouth Planning Commission
FROM: Kip Berglund, Planner (504-5453) through Barbara Thomson,
Manager
MEETING DATE: December 16, 2015
APPLICANT: Carlson Real Estate Services, LLC
PROPOSAL: Conditional use permit to exceed 50 percent office in the 1-2 zoning
district
LOCATION: 161 Cheshire Lane North
GUIDING: IP (Planned Industrial)
ZONING: I-2 (General Industrial)
REVIEW DEADLINE: March 16, 2016
DESCRIPTION OF REQUEST:
The applicant is requesting a conditional use permit to exceed 50 percent office use in the I-2
zoning district. A conditional use permit is required for buildings with more than 50 percent office
space in the industrial districts. Under the plan, up to 60 percent of the building could be used for
office space.
Notice of the public hearing was published in the city's official newspaper and mailed to all
property owners within 500 feet of the site. A copy of the notification area map is attached.
Development signage has been placed on site.
File 2015104
Page 2
CONTEXT:
Surrounding Land Use and Zoning
Previous Actions Affecting Site
In 1996, the City Council approved a land use guide plan amendment, rezoning, preliminary plat,
final plat and site plan to allow the construction of eight multi -tenant office/warehouse buildings
consisting of 322,176 square feet. The subject property is an office/warehouse building
consisting of 71,414 square feet. In 2013, the City Council approved a conditional use permit to
allow up to 55 percent office.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city's discretion in approving or denying a conditional use permit is limited to whether or not
the proposal meets the standards listed in the zoning ordinance. If it meets the specified standards,
the city must approve the permit. However, the level of discretion is affected by the fact that some
of these standards are open to interpretation.
ANALYSIS:
A conditional use permit is required for buildings in the industrial districts that have more than 50
percent office space. In 2013, the subject property received a CUP approval to allow up to 55
percent office space. The applicant states the proposal would allow for tenant flexibility to increase
or decrease their office space based on changing economic and market driven needs.
The applicant is requesting approval of a conditional use permit to allow up to 60 percent of the
building to be used as office space. The building contains 71,414 square feet comprised of office,
warehouse, pro du ctionlmanufacturing, laboratory, training, fitness and mechanical/electrical
rooms. Under the proposal, office space could increase to 42,848 square feet, or 60 percent of the
building. The remaining area of the building would be used as is currently mentioned above.
There are no physical changes proposed to the site plan. All changes to convert existing warehouse
space to office space would happen internal to the building upon issuance of a building permit.
Parking is generally the main item that needs to be reviewed for this type of application. Based
on the size and proposed uses within the building, the ordinance would require 189 parking
spaces. The required number is based on 42,848 square feet of office requiring 154 spaces,
Adjacent Land-Ylse Guiding'. _ Zonin
North, West and Industrial Uses PI I-2
Sso
East/Northeast
Industrial Uses/ Twin
PI/LA-2 I- I /RSF-4
Horner
Previous Actions Affecting Site
In 1996, the City Council approved a land use guide plan amendment, rezoning, preliminary plat,
final plat and site plan to allow the construction of eight multi -tenant office/warehouse buildings
consisting of 322,176 square feet. The subject property is an office/warehouse building
consisting of 71,414 square feet. In 2013, the City Council approved a conditional use permit to
allow up to 55 percent office.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city's discretion in approving or denying a conditional use permit is limited to whether or not
the proposal meets the standards listed in the zoning ordinance. If it meets the specified standards,
the city must approve the permit. However, the level of discretion is affected by the fact that some
of these standards are open to interpretation.
ANALYSIS:
A conditional use permit is required for buildings in the industrial districts that have more than 50
percent office space. In 2013, the subject property received a CUP approval to allow up to 55
percent office space. The applicant states the proposal would allow for tenant flexibility to increase
or decrease their office space based on changing economic and market driven needs.
The applicant is requesting approval of a conditional use permit to allow up to 60 percent of the
building to be used as office space. The building contains 71,414 square feet comprised of office,
warehouse, pro du ctionlmanufacturing, laboratory, training, fitness and mechanical/electrical
rooms. Under the proposal, office space could increase to 42,848 square feet, or 60 percent of the
building. The remaining area of the building would be used as is currently mentioned above.
There are no physical changes proposed to the site plan. All changes to convert existing warehouse
space to office space would happen internal to the building upon issuance of a building permit.
Parking is generally the main item that needs to be reviewed for this type of application. Based
on the size and proposed uses within the building, the ordinance would require 189 parking
spaces. The required number is based on 42,848 square feet of office requiring 154 spaces,
File 2015104
Page 3
14,756 square feet of warehouse requiring 7 spaces, 4,554 square feet of laboratory requiring 12
spaces and 6,187 square feet of production/manufacturing requiring 16 spaces. The subject
property contains 171 parking spaces. The applicant has also provided a recorded perpetual
easement for parking purposes with the property to the south at 141 Cheshire Lane for the use of
an additional 52 parking stalls for a total of 223 parking stalls. Consequently, the proposal meets
the zoning ordinance requirements for parking.
The applicant has provided a breakdown of the uses within the building for the property to the
south. The building consists of office and warehouse space and requires 82 stalls per the zoning
ordinance requirements. There are 111 parking stalls on site in addition to the above mentioned
52 shared parking stalls.
The Planning Commission must review the requested conditional use permit for compliance with
the standards listed in the zoning ordinance. A copy of the standards is attached. Staff used these
standards to review the request and finds it would meet the applicable standards. Specifically, the
proposed use would conform to the comprehensive pian, would not have any affect on public
improvements in the area, would not impede the orderly development of the district, nor would it
be detrimental to the surrounding properties or the city as a whole.
RECOMMENDATION:
Community Development Department staff recommends approval of the conditional use permit to
allow up to 60 percent office use for property located at 161 Cheshire Lane, subject to the
conditions listed in the attached resolution.
If new information is brought forward at the public hearing, staff may alter or reconsider its
recommendation.
ATTACHMENTS:
I . Draft Resolution Approving Conditional Use Permit
2. Location Map
3. Aerial Photo
4. Notification Area Map
5. Conditional Use Permit Standards
6. Applicant's Narrative
7. Parking Easement
8. Site Graphics
PAPlanning Applications1201512015104TC report (12-16-2015)
CITY OF PLYMOUTH
RESOLUTION N0. 2015-
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
TO EXCEED 50 PERCENT OFFICE USE IN THE 1-2 (GENERAL INDUSTRIAL) ZONING
DISTRICT FOR PROPERTY LOCATED AT 161 CHESHIRE LANE NORTH (2015104)
WHEREAS, Carlson Real Estate Services, LLC has requested approval of a conditional use permit
for the site located at 161 Cheshire Lane North, legally described as follows:
Lot 2, Block 1, Carlson Business Center North, Hennepin County, Minnesota; and
WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing
and recommends approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the request by Carlson Real Estate Services, LLC for
a conditional use permit to exceed 50 percent office use in the existing office/warehouse building
located at 161 Cheshire Lane North, subject to the following conditions:
1. The requested conditional use permit is approved to allow up to 60 percent of the building to be
used for office use, in accordance with the application and plans received by the city on November
17, 2015 and additional information on November 20, 2015, except as amended by this resolution.
2. The requested conditional use permit is approved with the finding that the applicable conditional
use permit standards would be met.
3. The parking easement for 52 spaces in favor of 161 Cheshire Lane from the property to the south at
3.41. Cheshire Lane shall remain in perpetuity as indicated on the recorded parking easement dated
August 2, 2013.
4. Prior to construction of tenant improvements in the building, the applicant must obtain separate
approval of a building permit.
5. Standard Conditions:
a. All parking shall be off-street in designated areas which comply with the zoning ordinance.
b. Any subsequent phases or expansions are subject to required reviews and approvals per
ordinance provisions.
c. The conditional use permit shall expire one year after the date of approval, unless the property
owner or applicant has started the project, or unless the applicant, with the consent of the
property owner, has received prior approval from the city to extend the expiration date for up
to one additional year, as regulated under section 21015.07 of the zoning ordinance.
Resolution 2015 -
File 2015104
Page 2
ADOPTED by the City Council on *******.
STATE OF MINNESOTA}
COUNTY OF HENNEPIN) SS
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota,
certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on
with the original thereof on file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of
City Clerk
2015104
Legend
Carlson Real Estate Services, LLC ®
C.
IityCial
L_LJ CC,.cCity Centor
767 Cheshire Lane
Go, C.mmer.ia,Offi.e
1P, Planned Industrial
Request for a Conditional Use Permit 0 LA -t, Living Area 1
LA -2, Living Area 2
LA -3, Living Area 3
LA 4, Living Area 4
250 125 0 250 500
LA-R1
LA-R2
Feet ]
LA -R3
City of 0 LA -RT
Plymouth, Minnesota V1/'j P -I, Publi./Semi-Publicllnstitutional
2015704 - Aerial Photograph
125 62.5 0 i25 250
Feet
city of
Plymouth, Minnesota
Hennepin County Locate & Notify Map
Provided By: Resident and Real Estate Services Department Date: 11/9/2015
Buffer Size: 500 feet 0 120 240 480 ft
Map Comments: I r I I I I I I
3411822330010
For more information contact:
Hennepin County GIS Division
300 6th Street South
Minneapolis, NEN 55487
gis.info@hennepin.us
ZONING ORDINANCE
CONDITIONAL USE PERMIT STANDARDS
21015.02 PROCEDURE: Pursuant to Minnesota Statutes 15.99, an
application for a conditional use permit shall be approved or denied within
sixty(60) days from the date of its official and complete submission unless
extended pursuant to Statute or a time waiver is granted by the applicant. If
applicable, processing of the application through required state or federal agencies
shall extend the review and decision-making period an additional sixty (60) days
unless this limitation is waived by the applicant.
Subd.5. The Planning Commission shall consider possible adverse effects
of the proposed conditional use. Its judgment shall be based upon (but not limited
to) the following factors:
1. Compliance with and effect upon the Comprehensive Plan, including
public facilities and capital improvement plans.
2. The establishment, maintenance or operation of the conditional use will
promote and enhance the general public welfare and will not be
detrimental to or endanger the public health, safety, morals, or comfort.
3. The conditional use will not be injurious to the use and enjoyment of
other property in the immediate vicinity for the purpose already
permitted, nor substantially diminish and impair property values within
the neighborhood.
4. The establishment of the conditional use will not impede the normal and
orderly development and improvement of surrounding property for uses
permitted in the district.
5. Adequate public facilities and services are available or can be reasonably
provided to accommodate the use which is proposed.
6. The conditional use shall, in all other respects, conform to the applicable
regulations of the district in which it is located.
The conditional use complies with the general and speciCc performance
standards as specified by this Section and this Chapter.
Section 21015-PIymouth Zoning Ordinance
forms/cupsta)
MOV 1 7
CITY of
Zor j10LI
This Conditional Use Permit application for the property at 161 Cheshire Lane is a request for an
increase in the allowable percentage of office use within an 1-2 General Industrial zoning district from
50% to 60%, as permitted in Zoning Code Section 21565.07, Subdivision 13.
In 2013, we received a Conditional Use Permit (CUP) for this property to allow office use up to 55% to
accommodate growth required by a tenant named SuperDimensions (also known as Medtronic).
SuperDimensions did not proceed with their construction plans and the CUP has now expired.
SuperDimensions is now expanding into an additional 6,514 5F at the building and is hoping to start
construction to accommodate their growth. This submittal package includes plans to show the existing
building conditions and the proposed build -out.
The existing uses within this facility conform to the permitted uses under Section 21565.03 of the Zoning
Code, and no new types of uses are requested as part of this Conditional Use Permit. Section 21015 of
the Zoning Code requires a Conditional Use Permit to conform to the following standard below. For
each standard, we have indicated how this proposed Conditional Use Permit conforms to these
standards:
a) Compliance with and effect upon the Comprehensive Plan
The types of uses of the 161 Cheshire Lane facility will remain unchanged, only the
relative mix of those uses will be altered. The current zoning is General Industrial 1-2
and the Comprehensive Plan indicates this as Planned Industrial IP. The
Comprehensive Plan recognizes the ongoing shift in industrial uses towards more
office use, and indicates that parking needs must be balanced accordingly. As part of
the previously approved conditional use permit, a parking easement was created with
the adjoining property 141 Cheshire to ensure adequate parking will be provided on
the 161 Cheshire site commensurate with the increased amount of office space. That
easement is attached to this submittal for your reference.
b) The establishment, maintenance or operation of the conditional use will promote and enhance
the general public welfare and will not be detrimental to or endanger the public health, safety,
morals or comfort.
The proposed uses of the 161 Cheshire building will not change, and are consistent
with the permitted uses intended under the 1-2 zoning district. The Conditional Use
Permit request is only to allow an increase in the percentage of office use from 50% to
60%. The 10% increase in office use represents 7,107 sf. of the 71,070 s.f. facility and
represents a need for 29 additional parking spaces to provide parking stalls at the rate
of 1 stall per 250 sf. of office space. The parking easement added an additional 52
stalls that will be dedicated to the 161 Cheshire site.
c) The conditional use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish and impair
property values within the neighborhood.
No new uses will be introduced to the 161 Cheshire property as part of this Conditional
Use Permit. The change in the mix of existing uses as described in Item (b) above will
have negligible impact, and therefore will not be injurious to the use and enjoyment of
the neighboring property nor affect property values.
d) The establishment of the conditional use will not impede the normal and orderly development
and improvement of surrounding property for uses permitted in the district.
The surrounding property has already been developed, and the uses of the 161
Cheshire site are consistent with the permitted uses under the Zoning Code and
consistent with the uses of the surrounding properties.
e) Adequate measures have been, or will be, taken to provide ingress, egress, and parking so
designed as to minimize traffic congestion in public streets.
As noted in Item (b) above, we have already recorded a parking easement to ensure
adequate parking will be provided for the proposed additional office space.
f) The conditional use shall, in all other respects, conform to the applicable regulations of the
district in which it is located.
The conditional use conforms to the other applicable regulations of the 1-2 Zoning
District. As noted above, no new uses will be introduced to the site. The existing uses
conform to the permitted uses under the Zoning Ordinance.
g) The conditional use complies with the general and specific performance standards as specified
by this Section and this Chapter.
The conditional use complies with the procedural requirements of Section 21015 as
well as other applicable provisions of the Plymouth Zoning Ordinance.
2 0 rl,;
C'iTl QF PLYt itl Cp +1FAff
CURRENT PLAN (including Village
EXISTING PLAN (2013) Chevrolet Warehouse space)
Office 16,010 Office 21,494
Break room 641 Break room 1,396
Training 3,210 Training 1,889
Fitness 1,121
Lab 4,315 Lab 4,554
Production 6,187 Production 6,187
Warehouse 11,855 Warehouse 11,282
Storage 199 Storage 504
Toilets 743 Toilets 1,142
Mechanical Room 440 Mechanical Room 440
Exterior walls 628 Exterior walls 733
Total 44,228 Total 50,742
OFFICE 36.20% OFFICE 42.36%
Village Chev
Warehouse 6,514
AECOM AECOM
Office 17,198 Office 17,198
Warehouse 3,474 Warehouse 3,474
Total Building Area 71,414 Total Building Area 71,414
Total Office Area 33,208 Total Office Area 38,692
OFFICE OF BUILDING 46.50% OFFICE OF BUILDING 54.18%
Zvi ed, to Ll
Parking Analysis --141 Cheshire Lane and 161 Cheshire Lane
A cross parking easement was recorded when the 2013 CUP was approved which includes 52 parking
stalls and is in place with the adjacent property 141 Cheshire. 141 Cheshire is also owned by CBC North
South, LLC. The 141 Cheshire building is 100% leased and has abundant parking since the building is
over 80% warehouse, The 161 Cheshire building is 100% leased at the date of this application, although
AECOM's lease terminates on 12/31/16. Below is the breakdown of the 141 and 161 Cheshire
properties breakdown of the usage splits:
Building 141 Cheshire
Office 13,710 RSF (17%)
Warehouse 65,981 RSF (83%)
Manufacturing 0 RSF {O%)
79,691 rentable square feet
Stalls needed at 141 Cheshire based on (250 office/2000 warehouse): 82 stalls
Stalls at 141 Cheshire (excluding Easement area): 111 stalls (see aerial on next page)
Building 161 Cheshire (Assumes 60% Office to match CUP request)
Requirements for 60% Office, 17% Lab/Mfg, 23% Whse
Space SF Spaces
Req'd
Parking
Rate
Building SF 71,414
Net Building SF (90% of Building) 64,273
Net SF Off ice@60% 38,564 154.26 @250
Net SF Warehouse @ 23% 14,783 7.39 @2000
Net SF Lab/Mfg @ 17% 10,926 21.85 @500
Net SF of Spaces 63,964
Total req'd parking for site based on usage 183.5
Current Parking with Easement 226
See attached aerial for depiction of stalls at 161 Cheshire.
In conclusion, the amount of parking stalls currently at 141 Cheshire and 161 Cheshire exceed the
number of parking stalls required.
r 16 _ 161 Cheshire ln ' 1
r r
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superDimensiono } r
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image
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Sol-
Doc No T05102835
Certified, filed and/or recorded on
Aug 2, 2013 4.14 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark V. Chapin, County Auditor and Treasurer
Deputy 45 Pkg ID 1011685C
Doc Name: Easement
Document Recording Fee $46.00
I
Attested Copy or Duplicate $2.00
Original
Document Total $48.00
Existing Certs New Certs
1358653
This cover sheet is now a permanent part of the recorded document.
DECLARATION OF EASEMENTS
TM ECLARATION OF EASEMENTS (the "Declaration") is made this
clay of - 5 2013, by CBC North-South, LLC, a Delaware limited liabilty
company (` eclarant").
RECITALS:
WHEREAS, Declarant is the fee owner of that certain real property located in the
City of Plymouth, Minnesota, commonly known as 161 Cheshire Lane North and legally
described as Lot 2, Block 1, Carlson Business Center North according to the recorded
plat thereof, and situate in Hennepin County, Minnesota (the "161 Parcel"); and
WHEREAS, Declarant is the fee owner of that certain real property located in the
City of Plymouth, Minnesota, commonly known as 141 Cheshire Lane North and legally
described as Lot 3, BIock 1, Carlson Business Center North according to the recorded
plat thereof, and situate in Hennepin County, Minnesota (the "141 Parcel"), and
WHEREAS, as used herein, the terni "Owner" or "Owners" shall refer to
Declarant or the party hereafter holding a fee simple ownership interest in one or more
Parcels.
WHEREAS, Declarant desires to provide for reciprocal parking easennents to
benefit the 161 Parcel and the 141 Parcel (collectively referred to herein as the
Parcels").
NOW, THEREFORE, in consideration of One Dollar and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the
Declarant hereby declares that the easements as hereinafter set forth shall be established
with respect to the Parcels.
AGREEMENT:
1. Parking Easement Burdening the 161. Parcel. For the benefit of the 141 Parcel
and all present and future owners and occupants thereof, a non-exclusive easement (the
161 Parcel Easement") is hereby granted for the purpose of providing a right of vehicle
esu C
t:wmefdo Pamm Yids„ LW
200 South s31 Wnd
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parking and access to such parking over and across those portions of the 161 Parcel
shown on the attached Exhibit A (the "161 Parcel Parking Area"). i
2. Parking Easement Burdening the 141 Parcel. For the benefit of the 161 Parcel
and all present and future owners and occupants thereof, a non-exclusive easement (the
141 Parcel Easement") is hereby granted for the purpose of providing a right of vehicle
parking and access to such parking over and across those portions of the 141 Parcel
shown on the attached Exhibit B (the "141 Parcel Parking Area").
3. Parkin. The 161 Parcel Parking Area and the 141 Parcel parking Area
are hereinafter collectively referred to as the "Parking Areas."
4. Maintenance and Operation. The Owner of each Parcel shall be responsible for
maintenance and repair of that portion of the Parking Areas located on such Owner's
Parcel, including but not limited to (a) maintenance, repair and replacement of the paving
and curbing located within the Parking Areas sufficient to maintain same in good and
serviceable condition in compliance with the laws and ordinances of all applicable
governmental jurisdictions, and (b) removal of snow and ice from the Parking Areas.
3. Damage or Destruction. In the event any of the Parking Area is damaged or
destroyed by any cause other than normal wear and tear, whether insured or uninsured,
the Owner upon whose Parcel such Parking Area is located shall repair or restore such
Parking Area at its sole cost and expense with all due diligence to substantially the same
condition as it was in prior to the date of the damage or destruction. In the event such
damage or destruction of a Parking Area is caused in whole or in part by another Owner
or third party, the Owner obligated to make such repair or restoration reserves and retains
the right to proceed against such other Owner or third party for indemnity, contribution or
damages.
4. Liens. Each Owner agrees to defend, indemnify and hold the other hannless from
and against any mechanics', matezialmens' and/or laborers' liens, and all costs, expenses
and liabilities in connection therewith, including reasonable attorneys' fees, arising out of
the respective maintenance by such Owner of the Parking Area, and in the event that a
Parcel shall become subject to any such lien, such Owner responsible for the sante shall
upon request promptly cause such lien to be released and discharged of record, either by
paying the indebtedness which gave rise to such lien or by posting such bond or other
security as shall be required by law to obtain such release and discharge. In the
alternative, an Owner may place in escrow a sum of money equal to the amount in
dispute until the matter is resolved_
Insurance, Indemnitv.
a) 161 Owner Indemni • Insurance . The Owner of the 161 Parcel (the "161
Owner") shall indemnify, defend and hold harmless the Owner of the 141
Parcel (the "141 Owner") from and against any and all claims, demands,
actions, liability, damages, losses, costs and expenses (including without
2
limitation reasonable attorneys' fees) suffered or incurred by the 141
Owner resulting from or arising out of the use of the 141 Parcel Parking
Area by the 161 Owner or its agents. The 161 Owner agrees to keep in
full force and effect a policy of commercial general liability insurance
with respect to the use of the 141 Parcel Easement with limits of liability
not less than $1,000,000, combined single limit, naming the 141 Owner as
an additional insured. Upon request by the 141 Owner, the 161 Owner
shall provide to the 141 Owner a certificate of insurance evidencing such
insurance.
b) 141 Owner Indemnity; Insurance. The 141 Owner shall indemnify, defend
and hold harmless the 161 Owner from and against any and all claims,
demands, actions, liability, damages, losses, costs and expenses (including
without limitation reasonable attorneys' fees) suffered or incurred by the
161 Owner resulting from or arising out of the use of the 161 Parcel
Parking Area by the 141 Owner or its agents. The 161 Owner agrees to
Iceep in full force and effect a policy of commercial general liability
insurance with respect to the use of the 161 Parcel Easement with limits of
liability not less than $1,000,000, combined single limit, naming the 141
Owner as an additional insured. Upon request by the 161 Owner, the 141
Owner shall provide to the 161 Owner a certificate of insurance
evidencing such insurance.
c) Waiver of Claims. Each Owner (the "Releasing Party") hereby releases
and waives for itself and on behalf of its insurer, any other such Ovaier
the "Released Party") from any liability for any loss or damage to all
property of such Releasing Party located upon any portion of the Parcels,
which loss or damage is of the type generally covered by property
insurance provided under the Comprehensive Replacement Cost form,
irrespective either of any negligence on. the part of the Released Party
which may have contributed to or caused such loss, or of the amount of
such insurance required or actually carried. Each such Owner agrees to
use its best efforts to obtain, if needed, appropriate endorsements to its
policies of insurance with respect to the foregoing release; provided,
however, that failure to obtain such endorsements shall not affect the
release hereinabove given.
6. Default; Remedies.
a) If any Owner fails to comply with any provision herein ("Defaulting
Party"), then any other Owner ("Non -Defaulting Party") may, upon thirty
30) days prior written notice to the Defaulting Party, proceed to cure the
default (and shall have a license to do so) by the payment of money or
performance of some other action for the account of the Defaulting Party.
b) Within thirty (30) days of written demand (including providing copies of
invoices reflecting costs) the Defaulting Party shall reimburse the
Non -Defaulting Party for any sum reasonably expended by the
Non -Defaulting Party to cure the default. The Non -Defaulting Party shall
have a lien upon the Defaulting Party's right, title, and interest in and to
any portion of the Parcels to secure payment of all amounts due to the
Non -Defaulting Party hereunder. The Non -Defaulting Party shall have the
right, but not the obligation, to record its lien, but at all times its lien
pursuant to this Section 5 shall be subject and subordinate to (i) the lien of
any mortgage or deed of trust now or hereafter held by any institutional
lender or any trust for the benefit of the holders of interests in such loan
any such lender or trust, a "Mortgagee") or any extension, renewal,
modification or refinancing thereof, in an amount now or hereafter placed
on the Defaulting Party's interest in any portion of the Parcels; (ii) the
leasehold estate created by any lease of all or any part of the Parcels -.
owned by the Defaulting Party; and (iii) any other lien of record against
the Defaulting Parry's property as of the date that the Non -Defaulting
Party's lien is recorded. The Defaulting Party shall execute such
instruments and documents as the Non -Defaulting Party may reasonably
request to permit the recordation of such lien.
c) All remedies are cumulative and shall be deemed additional to any and all
other remedies to which any Owner may be entitled at law or in equity.
Each Owner shall also have the right to restrain by injunction any
violation or threatened violation by any other party of any of the terms,
covenants, or conditions of this Declaration, or to obtain a decree to
compel performance of any such terms, covenants, or conditions, it being
agreed that the remedy at law for a breach of any such term, covenant, or
condition (except those, if any, requiring the payment of a liquidated sum)
is not adequate.
d) Interest. Wherever and as often as one Defaulting Party shall not have
paid any sum payable hereunder to a Non -Defaulting Party within ten (10)
days of the due date, such Defaulting Party shall pay interest on such
amount from the date such funds were expended by the Non -Defaulting
Party to and including the date such payment is received by the Non -
Defaulting Parry entitled thereto at a rate of twelve (12%) per annum (it
being acknowledged and agreed however that (a) no Mortgagee, in its
capacity as a rnoitgagee, shall have any liability to pay such interest or any
other amounts due hereunder and (b) in the event a Mortgagee holding a
mortgage or deed of trust of record shall succeed to the interests of either
Owner hereunder, such Mortgagee shall not be responsible for the
payment of any interest charged under this clause (d) unless and to the
extent that such Mortgagee was provided with notice of the past due
amounts and a period of at least ten (10) days to cure the same prior to the
accrual of such interest (and in such instance Mortgagee shall only be
4
responsible for interest accrued following the expiration of the tenth (10 h)
day following Mortgagee's receipt of such notice).
7. Notices. All notices, demands, statements and requests required or permitted to
be given or served under this Declaration shall be in writing and shall be deemed to be
effective and to have been properly given or served, whether received or not, on the third
3rd) business day after depositing the same in the United States mails, addressed to the
Owners, postage prepaid, registered or certified mail, return receipt requested, at the
addresses maintained by the Owners on file with the office of the Hennepin County
Assessor for delivery of real estate tax statements relating to the Parcels which they own.
Rejection or other refusal to accept, or the inability to deliver because of a changed
address of which no notice was given, shall be deemed to be receipt of the notice,
demand, statement or request. At such time as any Owner transfers its respective Parcel,
or any portion thereof, so as to create a new Owner, each such new Owner shall send
notice to the other Owners of the name and address to which notice to that new Owner
shall be sent. Until such time as a new Owner sends such notice, the prior Owner who
made such transfer shall be deemed to be the agent for such new Owrrer for purposes of
giving or service of notices.
S. Severability. Invalidation of any one of the provisions contained herein by
judgment or court order shall in no way affect any of the other provisions hereof, which
shall remain in full force and effect.
9_ Binding Effect. The terms of this Declaration and all easements granted
hereunder shall be perpetual and shall constitute covenants running with the land and
shall inure to the benefit of and be binding upon the signatories hereto and their
respective successors and assigns who become Owners hereunder.
10. Negation of Partnership. None of the terms or provisions of this Declaration shall
be deemed to create a partnership between or among the Owners in their respective
businesses or otherwise, not shall such terns or provisions cause them to be considered
joint venturers or members of any joint enterprise. No Owner sball have the right to act
as an agent for another Owner unless expressly authorized to do so herein or by separate
written instrument signed by the Owner to be charged.
U. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift
or dedication of any portion of the Parcels or any portion thereof to the general public, or
for any public use or purpose whatsoever. Except as herein specifically provided, no
right, privileges or immunities of any Owner hereto shall inure to the benefit of any third
party, nor shall any third party be deemed to be a beneficiary of any of the provisions
contained herein.
12. Declaration Shall Continue Notwithstanding Breach. It is expressly agreed that no
breach of this Declaration shall (a) entitle any Owner to cancel, rescind or otherwise
terminate this Declaration, or (b) defeat or render invalid the lien of any mortgage or deed
of trust made in good faith and for value as to any part of the Parcels. However, such
limitation shall not affect in any manner any other rights or remedies which an Owner
may have hereunder by reason of any such breach.
13. Runninz- of Benefits and Burdens. The easements, conditions, covenants and
restrictions hereby granted, declared and created, and the provisions hereof, shall be
peipetual and shall run with the land, without regard to technical classification or
designation, legal or otherwise, shall be binding upon, to the fullest extent permitted by
law and equity, and shall inure to the benefit of, and be enforceable as provided herein
by, the parties and their respective heirs, administrators, successors and assigns, and all
present and future Owners of the Parcels.
14. Real Estate Takes. Each Owner shall pay or cause to be paid prior to delinquency
all real estate taxes and assessments which may be levied, assessed or charged by any
public authority against such Owner's Parcel and improvements thereon.
15. Recitals, Exhibits. The recitals above and the exhibits attached hereto are true
and correct and are incorporated herein as a substantive part of this Declaration.
Signature page follows]
6
IN WITNESS WHEREOF, the Declarant has caused this Declaration of
Easements to be executed effective as of the date first above written.
CBC North-South, LLC,
a Delaware limited liabilty company
By.
a
Name: Mark G. flerreid
Its: Senior Vice President and CFO
STATE OF MINNESOTA }
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this:'f day of 2013
by Mark G. Henreid, the Senior Vice President and CFO of CBC North- outh, LLC, a
Delaware limited liabilty company, on behalf of the limite liabiilty company.
ERIN 'MMCF -AR AND. No ry Public
Notary Public
r1 i(1n@sa18
r -y ComiR. f
ka
mp,RS_
THIS. INKRUMENT WAS DRAFTED BY -.,"
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narne and address)
7
Exhibit A
161 Parcel Parldng Area
P.LD. 34-118-22-33-0010
A perpetuat easement for parking purposes over the following described property:
That part of Lot 2, Block 1, Carlson Business Center North, according to the recorded.
plat thereof, described as follows:
Commencing at the southeast corner. of said Lot 2; thence North 88 degrees 32 minutes
01 seconds West along south line of said Lot 2 a distance of 49.50 feet; thence South 68
degrees 03 minutes 02 seconds West along said south line a distance of 82.20 feet; thence
North 88 degrees 32 minutes 01 seconds West along said south line a distance of 36.0.8
feet; thence North 01 degrees 27 minutes 59 seconds East a distance of 14.00 feet to the
point of beginning; thence continuing North 01 degrees 27 minutes 59 seconds East a
distance of 20.00 feet; thence South 88 degrees 32 minutes 01 seconds East a distance of
36.08 feet; thence South 01 degrees 27 minutes 59 seconds West a distance of 20.00 feet;
thence North 88 degrees 32 minutes 01 seconds West a distance of 36.08 to the point of
beginning.
E
EASEMENT EXHIBIT
P.I.D. 34-118-22-33-0010 :.
LEGAL DESCRIPTION: LOT 2, BLOCK 1, CARLSON BUSINESS CENTER NORTH
PERMANENT EASEMENT AREA; 722 Sq. Ft.
H1,SHTRE LANE
SOUTHEAST Cn )NM
FJ
LEGEND:
I PEPMANENT
EASEMENT AREA
z——
NOT TO SCALE
RTIFICATI O N ;
reby certify that this survey, plan, or report
prepared by me or under my direct
rvlslcn and th 1 am a duly Licensed Land
7eyar rl0der Bvy,St to of -
lesota, // s
Reg. No, 13637 Date; May 2, 2013
Engineering . Surveying
0 Landscape Architecture
1 1
HANBEN THORP PFI -LINEN OLSON, Inc,
7610 Wrke Mm W— Even PTW1 . MN 55314
952-624-0700. 952-029-7ROR rax
Exhibit B
1.41 Parcel Parking Area
P -LD. 34-118-22-33-0011
A perpetual easement for parking purposes over the following described property:
That part of Lot 3, Block 1, Carlson Business Center North, according to the recorded
plat thereof, described as follows:
Commencing at the northeast corner of said Lot 3; thence North 88 degrees 32 minutes
01 seconds West along north line of said Lot 3 a distance of 49.50 feet; thence South 68
degrees 03 minutes 02 seconds West along said north line a distance of 82.20 feet; thence
North 88 degrees 32 minutes 01 seconds West along said north line a distance of 36.08
feet; thence North 01 degrees 27 minutes 59 seconds East a distance of 14.00 feet to the
point of beginning; thence North 88 degrees 32 minutes 01 seconds West a distance of
216.50 feet; thence North 01 degrees 27 minutes 59 seconds East a distance of 20.00 to
its intersection with said north line; thence South 88 degrees 32 minutes 01 seconds East
along said north line a distance of 216,50 feet; thence South 01 degrees 27 minutes 59
seconds East a distance of 20.00 to the point of beginning.
Also:
That part of Lot 3, Block 1, Carlson Business Center North, according to the recorded
plat thereof, described as follows:
Commencing at the northeast coiner of said Lot 3; thence North 88 degrees 32 minutes
01 seconds West along north line of said Lot 3 a distance of 49.50 feet; thence South 68 .
degrees 03 minutes 02 seconds West along said north line a distance of 82.20 feet; thence
South 00 degrees 17 minutes 17 seconds East a distance of 14,00 feet to the point of
beginning; thence North 88 degrees 32 minutes 01 seconds West a distance of 253.00
feet; thence South 01 degrees 27 minutes 59 seconds Fast a distance of 20.00 feet; thence
South 88 degrees 32 minutes 01 seconds East a distance of 253.00 feet to the point of
beginning.
10
EASEMENT EXHIBIT
P.I.D. 34-118-22-33-0011
LEGAL DESCRIPTION: LOT 3, BLOCK 1, CARLSON BUSINESS CENTER NORTH
PERMANENT EASEMENT AREA: 9,390 Sq. Ft.
CHS SH.IRE LANE
NGRLoi}lEIF GORIER . ep ra
mr i
Oo LJ
z
LEGEND: 1JKOanl LnE ' 7 PERMANENTO -OF LOT .3 .. .•: .
N L;' J EASEMENT AREAS,
n M
r 7.0.0
SOI'27'59"E
20..0— I M1.
Ojj
f i _ w NOT TO SCALE
N a LU
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L,
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Lj _J CERTIFICATIDN:
L•• 4 h I hereby certify that this survey, plan, or report
was prepared by me or under my direct
A supervision and th 1 am ad uly Licensed Land -
surveyor under a of tiye Agate of
FORTH lIYE(
Or LOT 3-
1 ` Reg• No. 13637 Date: May 2, 2013
El
Engineering. Surveying
1 ! Landscape Archltecture
7, X0.9 °
1
NOi'2T59'C ,0'.'2'Tse"E HANSEN THORP PELLINEN OLSON, Inc.
7510 MacMel plat. prNe-ERcn piahle. MN55S4A
X52-9'1}0%00 • 95P 29-ecsra t
LENDER CQNSENT"
THIS CONSENT TO DECLARATION OF EASEMENTS is made as of the& day
of muss , 2013, by TEACIBRS INSURANCE AND ANNUITY ASSOCIATION OF
A7V PJ A ("Lender"), and shall be attached to and deemed a part of that certain Declaration of
Easements dated 2- , 2013 (the "Aeclaration") made by CBC North-South, LLC, a
Delaware limited liability company,
WITNESSETH:
WHEREAS, Lender is the owner and holder of that certain Mortgage, Assignment of
Leases and Rents, Security Agreement and Fixture Financing Statement and Assignment of
Leases and Rents as contained in that certain Consolidation, Amendment and Restatement of
Prior Notes, Mortgage and Assignments dated November -23, 2004, filed December 2, 2004, as
Document No. 4049063, executed by Carlson Real Estate Company, a Minnesota Limited
Partnership, as mortgagor, to Teachers Insurance and Annuity Association of America, a New
York corporation, as mortgagee, in the original principal amount of $29;500,000.00 (the
Mortgage"), which Mortgage was amended by that certain Loan Assumption and Modification
Agreement dated November 1, 2012, filed November 6, 2012, as Document No, 75010825, by
and among CBC North-South,. LLC, a Delaware limited liability company, Carlson Rcal Estate
Company, LLLP, a Minnesota limited liability limited partnership and Lcnder.
WHEREAS, Lender desires to consent to the terms of, and subordinate its rights under
the Mortgage to, the easements, covenants, restrictions and conditions set forth in the Declaration.
NOW, TEEREFOU, Lender, for itself and all future holders of Lender's'interest under
the Mortgage, does hereby consent to the. terms of, and does hereby subordinate its rights under
the Mortgage to, the easements, covenants, restrictions and conditions set forth in the Declaration
it -being acknowledged and agreed that such consent and subordination shall not adversely affect
any rights of Lender in its capacity as a Mortgagee under the Declaration).
REMAINDER OF PAGE LEFT INTENTIONALLY 13LANKI
IN WITNESS WHEREOF, Lender has caused this Lender Consent to be executed as of the day
and year first above written,
TEACHERS INSURANCE AND ANNUITY
ASSOCIATION OF AMERICA,
a Now York corporation
y
DIE0RE M:. DW'S4
DIRECTOR-
Its-
STATE
IRECSOR-
Its•
STATE OF L,-',-,4, pet 11 UA
ss.
COUNTY OF
The foregoing instrurnmt was acknowledged before me this day of
2013, by 1 e:. d` - cl a. Dv `.s , the _ . 6 '-Z of
Teachers Insurance and Annuity Association of America, for and on behalf of said association,
THIS INSTRUMENT WAS DRAFTED BY;
Fredrikson & Byron, P,A, (KNB)
200 South Sixth Street, Suite 4000
Minneapolis, MN 55402
7
Notary Public
ORRAINE M, PATTERSON
NOTARY PUBLIC
MECKLENBURG COUNTY,, NO
MYCOMMISSION EXPIRES OCT. 14,20D
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