2. Vacate Parking EasementCITY OF CHANHASSEN
STAFF REPORT
PC DATE:
CC DATE: 11-10-03
REVIEW DEADLINE: 11-18-03
CASE #: Vacation 2003-4
BY: A1-Jaff
PROPOSAL: Request to Vacate a Parking Easement Located on Lot 6, Block 1,
Chanhassen Lakes Business Park 7th Addition.
LOCATION:
APPLICANT:
Lot 6, Block 1, Chanhassen Lakes Business Park 7th Addition, South of the
Chicago, Milwaukee, St. Paul & Pacific Railroad, east of Upland Circle, and
north of Lake Drive.
Data Link Corporation
8170 Upland Circle
Chanhassen, MN 55317
PRESENT ZONING:
Industrial Office Park District (lOP)
2020 LAND USE PLAN: Office Industrial
ACREAGE: 2.469 DENSITY: N/A
SUMMARY OF REQUEST: The applicant is requesting a vacation of a parking easement.
Notice of this public hearing has been mailed to all property owners within 500 feet.
LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in
approving or denying a vacation is limited to whether or not the ordinance requirements have been
met. This is a quasi-judicial decision.
ACTION NEEDED: City Council approval requires a simple majority vote of the City Council
members present.
Datalink ILacation
November I0, 2003
Page 2
ANALYSIS AND BACKGROUND
The applicant is requesting a vacation of a 32 stall Proof of Parking Easement located on Lot 6, Block 1,
Chanhassen Lakes Business Park 7th Addition. The property is zoned Industrial Office Park District (IOP).
The parking easement is dated May 4, 2001. Data Link (located on Lot 5) employs 92 employees in a
103,825 square foot office building. For this size building and use, 374 parking spaces are required. The
total number of parking spaces located on Lot 5 is 342. The remaining 32 spaces were provided as a proof of
parking on Lot 6. Had the need for these spaces presented itself, Data Link would have had to pave these
spaces. The reality is that the existing parking lot on Lot 5 is under utilized and the need for the parking
easement has not been presented. On October 21, 2003, the Planning Commission approved a variance to
allow a reduced number of parking spaces for Data Link (Lot 5); with the condition, "Intensification of the
use of the building will be limited by the available parking."
N
2~1 EAS~P,~OO0 CT
7525 MITCHELL RD
S00 LAKE DR W
7210 GALPIN BLVD
Dalalink Vacation
November 10, 2003
Page 3
RECOMMENDATION
Staff recommends that the City Council adopt the following motion:
"The City Council approves Vacation #2003-4 vacating a parking easement on Lot 6, Block 1, Chanhassen
Lakes Business Park 7th Addition, as legally described in attachment 1."
ATTACHMENTS
1. Parking Easement and Legal Description.
2. Public hearing notice.
G:\Plan\SA\Datalink\Data Link Parking Easement Vacation.doc
F~OM MESSERLI & KRAMER P A (THU) 5. 29'0S 9:0i/sT. 9:01/NO. 4860012411 P 2
PARKIING EASEMENT
'THIS PARKING EASEMENT AGREEMENT ("Agreement") is made this 4th day of
May, 2001, by and between HoytJDTLK, LLC, a Minnesota limited liability company (h~einafier
referred to as "Hoyt~') ~:nd Datalink Corporation, a Minnesota corporation (hereinafter referred to
as ~Da' alink"), and consented to by the City of Claanlaassen. a municipal corporation (hereinafter
rcfcrrc, t to as "City").
The following recitals constitute a material part of this Agreement.
WITNESSETtt:
WHEREAS, Hoyt is the owner of a trac'~ of land in the City of Chanhassen, Carver
Count,, Mirmesota described on attached Exhibit A and referred to in this Agreement as "Parcel
1') which adjoins the land of Datalink described below; and
WHEREAS, Datalink is the owner of a tract of land in the City of Chanhassen, Carver
Count'), Minnesota described on attached Exahibit B and referred to in this Agreements as "Parcel
2") which adjoins the l~md of Hoyt; and
WHEREAS, Hoyt has entered into a long-term lease of all of Parcel I with Datalink: and
WHEREAS, the Building being constructed on Parcel 1 to be occupied by Datalink will
consis~ of approximately 103,802 square feet of which approximately 76,103 square feet will be for
offices and/or work areas to be occupied exclusively by approximately 125 employees of Datalink;
and
WHEREAS, th,,_. City's ordinances, based on the square footage of the building being
constrttcted on Parcel 1, require that Parcel I h:~ve accessibility for up to 374 parking spaces, but
only 3.1.2 spaces will be available on Parcel I fo: parking after the Building has been constructed;
and
FROMMESSERLI & KRAMER PA (THU) 5,29'03 9:0I/ST, 9'01/N0,4860012411 P 3
',V'HEREAS, the City has been advised by' both Hoyt and Datalink that Datalink w-ill need
less thai~ ~ 9_ parking spaces and the City i$ willing to grant Hoyt a Certificate of Occupancy
for the Building based otl Datalink's occupancy solely provided the City is assured that additional
parking can be made av~:ilable on Parcel 2 if Daudink's'actual occupancy so requires; and
WHEREAS, Datalink is prepared to grant to IIoyt an easement over Parcel 2, to be used
only by ttoyt should the City determine that the t,ccupancy by Datalink, its customers, employees,
agents :~nd invitees should, in the future, warrant.
NOW THEKEFORE, the following gran'~s, a~eements and consents are made in
conside :ation of One Dollar ($1.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged:
.US.___E_E. Datalink hereby grants to Hoyt, its successors and assigns an exclusive easement for
the limited purposes of ingress and egress and parking with the right to in the future utilize
the areas located on Parcel 2 and described on Exhibit C attached hereto and made a part
hereof for the location, construction and installation of a parking lot for not more than
thirty-two (32) l:.arking stalls. Datalink and Hoyt agrees that the easements granted by this
Agreement exist only if the Building to b,? constructed on Parcel I has been completed.
MAINTENANCE. Datalink and Hoyt each agree if the parking on Parcel 2 is required in
the future by the City, that the cost of construction of such parking facility shall be paid by
Hoyt and the cost of maintenance thereof shall be paid by Datalink. Said maintenance
expenses shall include, without limitation, keeping the same in good condition and
reasonably free and clear of foreign objects, papers, debris, obstructions, standing water,
snow and icc.
TERMINATION OF EASEMENT. This Parking Easement on Parcel 2 shall run with and
burden Parcel 2 and benefit Parcel 1. If Datalink ceases to occupy the Building m~ Parcel 1
at any time in ~te future, Datalink shall give written notice to the City within ten (10) days
after it vacates. 14oyt agrees to execute a recordable document to terminate this Easement,
which the City nmst consent to in order ~:or it to be effective. The City shall consider a
termination of this Easement based on City ordinance requirements. }loyt shall, if
requested, execute a cross-parking easement over a portion of Parcel I for the benefit of
Parcel 2.
ENFORCEMENT. '~e City of Chanha3sen or any person or entity ha~ ing an interest in
Parcel 1 or Parcel 2 shall have the right ::o resort to legal action to enlorce these or the
City's covenants contained irt this Agreement. If such person or entity prevails in any
lawsuit to enforce the covenants, it shall be entitled to its reasonably attorneys' fees
incurred in such enforcement action.
-2-
FROM MESSERLI & KRAMER P A (THU) 5.29'0~ 9'02/ST. 9'01/NO. 4860012411 P 4
BIND!NG EFFECT. The terms, provisions and easements provided herein shall inure to
the benefit of and be binding upon the successors and assigns of the parties hereto. The
covenants, agreements and easements contained herein shall b~ deemed to run with, burden
and benefit Parcel 1 and Parcel 2.
AMENDMENT. This Agreement may r,ot be modified, rescinded, limited, amended or
enlarged except by a written agreement signed by the parties hereto, including the City and
the holder of any mortgage of record encumbering said Parcels.
CONSTRUCTION OF AGREEMENT. The rule of strict construction shall not apply to
the easements granted in this Agreement or to the covenants set forth herein. This
Agreement .shall be given a reasonable construction so that the intention of the parties to
confer reasonably usable benefits and reasonably enforceable obligations are carried out.
NOTICE. Any notice which one party wished or is required to give to the other party will
'be regarded as effective if such notice is in writing and whether delivered personally to
such party or such notice is sent by certified or registered mail, return receipt requested and
postage prepaid, correctly addressed as follows:
T'he address of ltoyt:
708 South Third S~rcet, Suite 108
Minneapolis, MN 55415
Attention: Stever, B. Hoyt
'lq~c address of Datalink:
Datalink Corporation
8160 Upland Circle
Chanhassen, MN 55317
Attention: Dan Kip, sella
Either [)arty, or their successors, may file written notice by change or address with the other.
1N WITNESS TO '['HE AGREEMENT, the parties have caused this instalment to be
execul,:d as of the day and year first above written, subject to all of the terms and conditions herein
set fovh.
IIOYT/DTLK, LLC, a
Minnesota limited liability company
-3-
?~OM M£SSERLI & KRAMER P A {THU) 5. 29'0~ 9:02/ST. 9:01/NO, 4860012411 P ~
STATE OF MINNESOTA
COUN'FY OF HENNEPIN
The foregoing instrument was acknowledged before me this
2001, l~y Steven B. Ho~t, the sole member of Hoyt/DTLK, LI.C, a Minnesota limited liability
compary on behalf of the company.
DATAI.INK CORPORATION, a
Minnesota corporation
STATt: OF M1NNESO'rA )
)
COUNry )
The,foregoing instrument ~as acknowledged before me this 4{t'~ day of 12~,-0~' ,
2001, l:y _(')~1~ c,\ i:t,~i~.~.~l , fl~e .t'~0~5~fl(£¥h~c __ of DATA~NK CORPORATION, a Minneso~
co~or~ riva on b~half of ~e co~oration. [~ )[..) :~,
:?:;LO~-', <~-/~'~)~,'~ '
I,~m~JEROME J. $IMOPi$ JR 1
-4-
FROM MESSE,RLI & KRAMER P A (THU) 5, 29'03 9'02/ST. 9'01/NO, 4860012411 ? 6
CONSENT
The City of Chanhassen hcreby consents to the provisions of this Parking Easement.
CITY OF CHANFIASSEN,
STATE OF MINNESOTA )
) SS.
COUNTY OF CARVER )
Thq foregoing.instrument wes acknowledged before me this .b~- day of"~~ ,
2001, by ~:~;a. ~~he ~ ~~f ~e CITY OF CHANHASSEN, a ~i=esom
municipal' co¢orarion ~halr of ~cor '
poran~
-5-
FROM MESSERLI & KRAMER P A (THU) 5. 29'03 9'02/ST, 9'01/N0. 4860012411 P 7
EX~[BIT A
Parcel 1
Lot Five (5). Block One (1), Chanhassen l .akes Business Park 7'~ Addition, according to
the plat thereof on file or of record in the office of the Registrar of Titles, Carver County,
Minnesota
"6-
FRO~( MESS[RLI & KRAMER P A (THU) 5,29'03 9:02/ST. 9'01/NO, 4860012411 P 8
EXHIBIT B
Parcel :Z
Lot Six (6). Block One (1), Chanhassen Lakes Business Park 7'~ Addition, according to the
plat thereof on file or of record in the office of the Registrar of Titles, Carver County,
Mirmeso~a
-7-
FROM MESSERLI & KRAMER P A (THU) 5, 29'0~ 9:02/ST, 9:01/NO. 4860012411 P 9
EXH].-BIT C
Parking Emement Parcel
An easement for parking purposes over and across that part of l.ot 6, Block 1.
CHANItASSEN LAKE BUSINESS PARK ?'m ADDITION, according to the recorded plat
thereof, Carver County, Minnesota, described as follows:
Beginning at the most westerly corner of said Lot 6; thence on an assumed bearing of South 26
degrees 49 minutes 53 seconds East along a somhwesterly line of said Lot 6 a distance of 180.12
feet to ;tn angle point in said southwesterly line; ;hence South 5 degrees 08 minutes 08 seconds
East al~'..ng a westerly line of said Lot 6 a distance of 3.89 feet; thence North 63 degrees 10 minutes
07 secor~ds East a distance of 164.94 feet; thence North 26 degrees 49 minutes 53 seconds West a
distant.:, of 85.00 feet; thence Soml~ 63 degrees 10 minutes 07 seconds West a distance of 108.50
feet; th,:nce North 26 de.grees 49 minutes 53 seconds West to the northwesterly line of said !..or 6;
thence ::outhwesterly alvng said northwesterly lir:e to the point of beginning. _
484028
"8-
F.~O~v~ MESSERLI & KRAN[ER P A
~ESCRIIPTION FOR:
HOYTIDTLK, LLC
(THU)
5,29'0S 9:02/fiT. 9:01/N0.4860012411 P I0
63458-00I
I SCHOELL & MADSON, INC.
,,..---. Engineers · Surveyors · Planners
.~ , Soil Testing · Environmental Servlces
~ 10580 Wayzat3 Blvd,
,.. Minnelonka. MN 55305
~ 952-546-760t Fax: 952-546-9065
PROOF OF PARKING EASEMENT
An easenlent for parking purposes over and across that part of Lot 6, Block 1, CHANHASSEN
LAKE BUSINESS PARK 7TH ADDITION, according to the recorded plat thereof, Carver
County, t, finnesota, described as follows:
Beginning at the most westerly corner c.f said Lot 6; thence on an assumed bearing of
South 26 degrees 49 minutes 53 seconds East along a southwesterly line of said Lot 6
a clistance of 180.12 feet to an angle point in said southwesterly line; thence South 5
de~)rees 08 minutes 08 seconds East along a westerly line of said Lot 6 a distance of
3.~9 feet; thence North 63 degrees 10 minutes 07 seconds East a distance of 164.94
feb:t; thence North 26 degrees 49 minutes 53 seconds West a distance of 85.00 feet;
thence South 63 degrees 10 minutes 07 seconds West a distance of 108.50 feet;
th,~:nce North 26 degrees 49 minutes 5~.; seconds West to the northwesterly line of said
Lol 6; thence southwesterly along said northwesterly line to the point of beginning.
Date: F,~;bruary 13, 2001
F.~Ok LIESSERLI & KRAMER P A
(THU) 5.29'03 9'02/$T, 9'01/N0,4860012411
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) SS.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
October 29, 2003, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public
Hearing for parking easement vacation at 8145 Upland Circle, November 10, 2003 City
Council Meeting to the persons named on attached Exhibit "A", by enclosing a copy of said
notice in an envelope addressed to such owner, and depositing the envelopes addressed to all
such owners in the United States mail with postage fully prepaid thereon; that the names and
addresses of such owners were those appearing as such by the records of the County Treasurer,
Carver County, Minnesota, and by other appropriate records.
Subscribed and sworn to before me
this __ day of ,2003.
Notary Public
g:\engkforms\affidavit.doc
PROPOSAL:
NOTICE OF PUBLIC HEARING
CHANHASSEN CITY COUNCIL MEETING
MONDAY, NOVEMBER 10, 2003 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
7700 MARKET BLVD.
Parking easement vacation
on property zoned lOP,
Industrial Office Park
APPLICANT: Datalink Corporation
LOCATION: 8145 Upland Circle
Lot 6, Block 1, Chanhassen
Lakes Business Park 7th Addition
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant,
Datalink Corporation, is requesting a parking easement vacation on property zoned lOP, Industrial
Office Park and located at 8145 Upland Circle.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's
request and to obtain input from the neighborhood about this project. During the meeting, the Mayor will lead
the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Council discusses the project.
Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during
office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project,
please contact Sharmeen at 227-1134 or e-mail saljaff@ci.chanhassen.mn.us. If you choose to submit written
comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies
to the Council.
Notice of this public hearing has been published in the Chanhassen Villager on October 9, 2003.
ANDREAS DEVELOPMENT CO LLC
7525 MITCHELL RD
SUITE 110
EDEN PRAIRIE MN 55347-1959
CITY OF CHANHASSEN C/O BRUCE
DEJONG
7700 MARKET BLVD
PO BOX 147
CHANHASSEN MN 55317-0147
DATALINK CORP
8170 UPLAND CIR
CHANHASSEN MN 55317-9625
DUKE REALTY LIMITED PTRSHP
1600 UTICA AVE S
SUITE 250
ST LOUIS PARK MN 55416-5301
ENTEGRIS INC C/O MIKE SAUER
3500 LYMAN BLVD
CHASKA MN 55318-3050
GARY F GOLL
1455 PARK RD
CHANHASSEN MN 55317-9592
GMP PROPERTIES LLC
19245 HWY 7
PO BOX 249
EXCELSIOR MN 55331-0249
HOYT/DTLK LLC
7O8 3RD ST S
SUITE 108
MINNEAPOLIS MN 55415-1141
L38 LLP
8156 MALLORY CT
CHANHASSEN MN 55317-8586
MCROI LLC C/O ROISUM ELITE
FOOD SERVICE
1400 LAKE DRW
CHANHASSEN MN 55317-8518
STEVEN ROBERT SHIPLEY & JILL
LOUISE SHIPLEY LLC
261 EASTWOOD CT
CHANHASSEN MN 55317-8683
TRADEN LLC C/O MARK UNDESTAD
8156 MALLORY CT
CHANHASSEN MN 55317-8586
RICH SLAGLE
7411 FAWN HILL ROAD
CHANHASSEN MN 55317