4 SPR 8170 Upland Circle' CITY OF CHANHASSEN
PC DATE: 10-21-03
CC DATE: 11-10-03
REVIEW DEADLINE: 11-18-03
CASE #: Variance 2003-15
BY: Auseth/A1-Jaff
STAFF REPORT
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PROPOSAL:
LOCATION:
APPLICANT:
Parking Variance to allow reduction of required parking for an office warehouse
building.
Lot 5, Block 1, Chanhassen Lakes Business Park 7th Addition, South of Chicago,
Milwaukee, St. Paul & Pacific Railroad, west 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: 2.52 DENSITY: NA
SUMMARY OF REQUEST: The applicant is requesting a variance for the number of required
parking spaces for an office warehouse building based on the total number of square feet.
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 variance is limited to whether or not the proposed project meets the
standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion
with a variance because the applicant is seeking a deviation from established standards. This is a
quasi judicial decision.
PROPOSAL SUMMARY
The applicant is requesting a reduction of the number or required parking spaces for an office building
located at 8170 Upland Circle. The property is zoned Industrial Office Park District (IOP). The applicant
is also requesting to vacate a 32 stall proof of parking easement located on the adjacent property (Lot 6).
Staff will condition approval of the vacation contingent upon approval of the variance.
The parking easement is dated May 4, 2001. The applicant is requesting the variance and easement
vacation due to the lack of utility of the majority of the parking spaces. Data Link employs 92 employees
on site, while ordinance requires 352 parking spaces for the 100,602 square foot office building. The
applicant is also requesting the vacation based on the desire to sell the vacant lot free of the easement
requirement.
1711 WEST LAKE DR
Approx. 8156 MALLORY CT
Parking
Easement
Lot 6
Subject Site
Lot 5
261 EAS'Q,",/OOO CT
7525 MITCHELL RD
8170 Upland
Circle
7210 GALPlN BLVD
I i
APPLICABLE REGUATIONS
Sec. 20-1124. Required number of on-site parking spaces.
On-site parking areas of sufficient size to provide parking for patrons, customers, suppliers, visitors,
residents and employees shall be provided on the premises of each use. The following standards are
minimum criteria. The city may increase the requirements beyond the minimum based upon findings that,
due to proposed use and/or design, that additional parking demand is anticipated. The number of required
parking spaces shall comply with the following:
(1) Calculating the number of spaces shall be in accordance with the following:
a. If the number of off-street parking spaces results I a fraction, each fraction of one-half or
more shall constitute another space;
(2) The minimum number of required on-site parking spaces for the following uses shall be:
n. Office buildings (administrative, business or professional)- Buildings over one hundred thousand
(100,000) square feet, three and one-half (3.5) stalls per one thousand (1,000) square feet gross floor
area.
BACKGROUND
On July 24, 2000, the City Council approved site plan 2000-8 for a 100,000 square foot office warehouse
building to be located on Lot 5, Block 1, Chanhassen Lakes Business Park 7m Addition, as shown on the
plans dated received June 2, 2000, subject to conditions.
When the building was under construction, the applicant requested to convert some warehouse space
into office. Based upon plans approved by the City Council, the city's parking ordinance requires 4
parking stalls per 1,000 square feet of office (320 stalls) and one stall per 1000 square feet of warehouse
area for the first 10,000 square feet of gross floor area and one space for each additional 2,000 square
feet (15 stalls). The total parking spaces required by ordinance is 335. The applicant provided 335
spaces. Staff explained that if the warehouse portion was converted into office, the site would be
deficient in the number of parking spaces. The ordinance allows applicants to show proof of parking. If
the need presents itself, the city can require the applicant to build the additional parking.
The building has a total area of 103,825 square feet of office/warehouse, which requires 374 parking
stalls. The applicant built 342 parking spaces. The owner owns the adjoining parcel to the east of the
subject site.
Data link Corporation is headquartered at 8170 Upland Circle where it leases an office building from
Hoyt/DTK, LLC. Datalink owns an empty lot adjacent to the office building. Hoyt built the office space
especially for Datalink which Datalink occupied in June 2001. At the request of Staff, additional parking
was required and Datalink agreed to give to Hoyt a parking easement for 32 spaces on its lot.
Currently Datalink has 342 parking spaces for 92 employees. Additionally, the final design and layout of
the building space would make it highly unlikely that the unused spaces will ever be utilized. Datalink
would like to sell the vacant lot and would like the lot to be free of the easement requirement. Hoyt is in
agreement with this request.
ANALYSIS
The applicant is requesting a reduction of the parking requirements as they do not, nor will they in the
future, utilize all the current parking spaces. Datalink employees occupy 92 of the 342 current parking
spaces. That equates to 27% utility of current parking spaces and 25% of the required 374 parking spaces.
Staff's concern is not with the existing client as they have demonstrated they do not need all the required
parking spaces. Currently, the users of the cafeteria, workout room, kitchens, locker rooms etc. are
employees of the company and do not require a significant increase in parking.
Staff's concern is that in the future some of the unused spaces could be converted into additional offices
spaces which would require additional parking spaces and there will not be space available to accommodate
the need, since the building currently occupies the maximum upland buildable area.
Staff has researched neighboring communities to verify that our parking standards are not excessive.
Parking standards of neighboring communities:
Minnetonka
General Office:
· I parking space for each 250 sq ft of floor area with a minimum of 10 spaces;
· buildings exceeding 100,000 sq ft of floor area, parking requirements may be reduced
based on parking studies of anticipated parking demand of the specific building
Manufacturing, Processing or Assembly Plant:
· 1 parking space for each employee on the major shift or
· 1 parking space for each 350 square feet of gross floor area devoted to manufacturing
**plus 1 space per 250 square feet of gross floor area devoted to office use, whichever is greater,
**plus 1 space for each motor vehicle customarily kept on the premises
Burnsville
General Standards:
Except as Specifically Designated Below:
· 1 space per 150 square feet of floor area of customer sales and service, plus one space per
200 square feet of storage and/or office floor area, or
· if the use has more than 100,000 square feet of floor area, five and one half (5.5) spaces per
1,000 square feet of floor area.
Office buildings and Professional:
Less than 6,000 square feet of floor area
· 1 space per 150 square feet of floor area
6,000 square feet or more of floor area
· I space for each 200 square feet of floor area
Industrial
Minimum of I space per employee on the largest work shift plus one space per company
vehicle regularly stored on premises, plus additional spaces that may be required depending
upon the specific use
Manufacturing
·
At least 4 off-street parking spaces, plus 1 additional space per each 800 square feet of floor
area
1 additional off-street parking space shall be provided for each 2,500 square feet or fraction
thereof of land devoted to outside storage
Office Areas: 1 space per 10,000 square feet of floor area
Eden Prairie
Manufacturing
·
Warehouse
·
Office
·
3 spaces per 1,000 square feet of gross floor area
V2 space per 1,000 square feet of gross floor area
5 spaces per 1,000 square feet of gross floor area
Staff concluded that our ordinances are comparable or less restrictive.
FINDINGS
The Planning Commission shall not grant a variance unless they find the following facts:
That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means
that the property cannot be put to reasonable use because of its size, physical surroundings, shape or
topography. Reasonable use includes a use made by a majority of comparable property within 500
feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize
that there are pre-existing standards in this neighborhood. Variances that blend with these pre-
existing standards without departing downward from them meet this criterion.
Finding: The site is located in an office industrial park. All the surrounding properties have built
parking lots that are in compliance with ordinances. Approval of this request will set a president in
the area.
The conditions upon which a petition for a variance is based are not applicable, generally, to other
property within the same zoning classification.
Finding: The surrounding properties have compact buildings. The subject site contains uses (work
out room, cafeteria, several kitchens, 9 foot wide hallways, etc.) that make the building unique. The
applicant wishes to sell the adjoining property free of any easements. Since they have not needed it
over the last three years, and since they only employ 90+ employees, they do not anticipate a need
for the additional parking.
The purpose of the variation is not based upon a desire to increase the value or income potential of
the parcel of land.
Finding: The purpose of the variance is to sell the adjoining property free of easements.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The building is currently underutilized. Should a future user decide to use the building to
its full extent, additional parking spaces will be needed.
The granting of the variance will not be detrimental to the public welfare or injurious to other land
or improvements in the neighborhood in which the parcel is located.
Finding: Should the user decide to intensify the use of the building, additional parking spaces will
be needed. This will result in cars parking on the public Right-of-Way.
The proposed variation will not impair an adequate supply of light and air to adjacent property or
substantially increase the congestion of the public streets or increase the danger of fire or endanger
the public safety or substantially diminish or impair property values within the neighborhood.
Finding: The variation will not endanger the public.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission approves Variance 2003-15 to allow reduction of required parking spaces for
Lot 6, Block 1, Chanhassen Lakes Business Park 7th Addition."
or
"The Planning Commission recommends denial of Variance 2003-15 due to potential future parking needs
on Lot 6, Block 1, Chanhassen Lakes Business Park 7th Addition."
ATTACHMENTS
Application.
Public hearing notice.
Site Plan.
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, OCTOBER 21,2003 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
7700 MARKET BLVD.
PROPOSAL:
Variance to Parking
Lot Requirement
APPLICANT: Datalink Corporation
LOCATION: 8170 Upland Circle
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicants,
Datalink Corporation, is requesting a parking lot variance and a parking easement vacation on
property zoned lOP, Industrial Office Park and located at 8170 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 Chair 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 Commission 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 Commission.
Notice of this public hearing has been published in the Chanhassen Villager on October 9, 2003.
Proposed Variance
Smooth Feed SheetsTM Use template for 5160®
DUKE REALTY LIMITED PTRSHP
1600 UTICA AVE S SUITE 250
ST LOUIS PARK MN 55416
HOYT/DTLK LLC
708 3RD ST S SUITE 108
MINNEAPOLIS MN 55415
CHANHASSEN LAKES BUS. PARK 3
8156 MALLORY CT
CHANHASSEN MN 55317
GMP PROPERTIES LLC
19245 HWY 7 PO BOX 249
EXCELSIOR MN 55331
STEVEN ROBERT SHIPLEY &
JILL LOUISE SHIPLEY LLC
261 EASTWOOD CT
CHANHASSEN MN 55317
MONK PROPERTIES LLC
9671 MEADOWLARK LN
CHANHASSEN MN
55317
GARY F GOLL
1455 PARK RD
CHANHASSEN
MN 55317
ANDREAS DEVELOPMENT CO LLC
7525 MITCHELL RD SUITE 110
EDEN PRAIRIE MN 55347
MONK PROPERTIES LLC
9671 MEADOWLARK LN
CHANHASSEN MN
55317
ENTEGRIS INC
C/O MIKE SAUER
3500 LYMAN BLVD
CHASKA
MN 55318
TRADEN LLC
C/O MARK UNDESTAD
8156 MALLORY CT
CHANHASSEN MN
55317
ENTEGRIS INC
C/O MIKE SAUER
3500 LYMAN BLVD
CHASKA
MN 55318
MCROI LLC
CIO ROISUM ELITE FOOD SERVICE
1400 LAKE DR W
CHANHASSEN MN 55317
OSMONICS INC
5951 CLEARWATER DR
HOPKINS MN
55343
DAVID A STOCKDALE
7210 GALPIN BLVD
EXCELSIOR MN
55331
TRADEN LLC
C/O MARK UNDESTAD
8156 MALLORY CT
CHANHASSEN MN
55317
LAKE SUSAN HILLS
7600 PARKLAWN AVBSUITE 200
MINNEAPOLIS MN 55435
CITY OF CHANHASSEN
C/O BRUCE DEJONG
7700 MARKET BLVD PO BOX147
CHANHASSEN MN 55317
CHAN CONGR JEHOVAHS WITNESSES
C/O RICHARD TAYLOR
7227 BREN LN
EDEN PRAIRIE MN 55344
CITY OF CHANHASSEN
CIO BRUCE DEJONG
7700 MARKET BLVD PO BOX147
CHANHASSEN MN 55317
LAKE SUSAN HILLS
7600 PARKLAWN AVESUITE 200
MINNEAPOLIS MN 55435
DATALINK CORP
8170 UPLAND CIR
CHANHASSEN
MN 55317
CITY OF CHANHASSEN
C/O BRUCE DEJONG
7700 MARKET BLVD PO BOX 147
CHANHASSEN MN 55317
~AVERY®
Address Labels
Laser 5160®
CITYOF
CITY OF CHANHASSEN
7700 MARKET BOULEVARD
CHANHASSEN, MN 55317
(952) 227-1100
DEVELOPMENT REVIEW APPLICATION
ADDRESS: ¢1'70
TELEPHONE (Day time)
__ Comprehensive Plan Amendment
__ Temporary Sales Permit
Conditional Use Permit
Interim Use Permit
Vacation of ROW/Easements
,~ Variance
__ Non-conforming Use Permit
Wetland Alteration Permit
__ Planned Unit Development*
__ Zoning Appeal
__ Rezoning
__ Zoning Ordinance Amendment
__ Sign Permits
__ Sign Plan Review
__ Notification Sign
Site Plan Review*
Subdivision*
X Escrow for Filing Fees/Attorney Cost**
($50 CUPISPRIVACNARNVAPIMetes
and Bounds, $400 Minor SUB)
TOTAL FEE $ ;~',,.~O-O0
A list of all property owners within 500 feet of the boundaries of the property must be included with the
application.
Building material samples must be submitted with site plan reviews.
*Twenty-six full size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy of
transparency for each plan sheet.
** Escrow will be required for other applications through the development contract
NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application.
APPLICANT:
ADDRESS:
TELEPHONE (Day time)
CITY OF CHANHASSEN
7700 MARKET BOULEVARD
CHANHASSEN, MN 55317
(952) 227-1100
DEVELOPMENT REVIEW APPLICATION
ADD.ESS: 7 ot
TELEPHONE: O
__ Comprehensive Plan Amendment
Conditional Use Permit
Interim Use Permit
__ Non-conforming Use Permit
__ Planned Unit Development*
__ Rezoning
__ Sign Permits
__ Sign Plan Review
Site Plan Review*
Subdivision*
__ Temporary Sales Permit
Vacation of ROW/Easements
Variance
Wetland Alteration Permit
__ Zoning Appeal
__ Zoning Ordinance Amendment
__ Notification Sign
X Escrow for Filing Fees/Attorney Cost**
($50 CUPISPRNACNARNVAPIMetes
and Bounds, $400 Minor SUB)
TOTAL FEE $
A list of all property owners within 500 feet of the boundaries of the property must be included with the
application.
Building material samples must be submitted with site plan reviews.
*Twenty-six full size folded copies of the plans must be submitted, including an 81/2.. X 11" reduced copy of
transparency for each plan sheet.
** Escrow will be required for other applications through the development contract
NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application.
SEP-!9-03 FRi 0i:87 PH HOYT P OPERTI
F~X HO, 612Ta38t t~7 P, 02
622 944 34~2
'fMc .~[~pl!t~;k:n rc, U.~! be c~'nC, leled in ~11 a~ ~ ~),pawri~n or c~ prin1~ and ~l be a~p~l~ by all I~adon
l.:hqt :~¢~ni~;,n~ ~o ~%~'n'n~¢:e ~' sp6cJ~6 oM nanc~ and pr'~du~l ~ui~n~ appli~W~ la your ~pNi~tion.
A ¢~{~¢rn'e~,~t~m c~ r,r.~mpl~¢ena~s of lhe 8ppli~Uon sha]l ba made wilhln ten business de, ys of application submil~l. A wrlUen
I hL':,, Is tar. mF~i?y ~h,~ I a~q m¢~k!ng 3ppllr~atlon ~r th~ d~crI~ a~lon by ~e Cl~ and ~lal I am ~n~ib~ ~r ~m~ng wl~
i w,'b ?~¢,;p u'qn~!t' It'~,'~m~,~d ~;~f fha d~adline,~ ~r subm~slnn ~ ~ler~l and the pr~mss of
L~hc~,~s~>md fl~,~J ;~ti~km~l f%a ~ be chal~ for ~nsulang f~s, feastbtli~ ~dfe~, ~c. with an ~te p~r t~ any
¢~a{~d'~'~ :~ '~ lO ~'.;~',:;,~.~1 wilh U~a slay. "rhe domlments and i~at~n J have subml~d
i"!~,, r.!I2 I'~r,i4 ~Y h0'li~,~s lha appilc;mI lhaI devolopmeh! review canno~ Lm complaled wi,~ln $0 days due lo pu~i¢ h~rlng
r,.':~q,: {~'¢m.~!,nh~ ~md %r~,en'¢~ review, Thenu63re, the clty is nol~ying the applicant that the clly requires an automatic 60 day
+?'.,~:~'k.e fni' d~e',~l(¢m~nt ¢~view. Devel~.nent rav~ew sh~ be complCa~d within 120 days unless additional r~view
Data
Receipt No.
~ ~nt P',nano~ &
Oh'~ ~rmnobrl OffiCer
Datalink CorpamUon
PROJECT NAME
LOCATION
LEGAL DESCRIPTION
TOTAL
ACREAGE /
WETLANDS PRESENT
PRESENT ZONING
REQUESTED
ZONING
YES _~' NO
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
REASON FOR THIS REQUEST
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning
Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within ten business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within ten business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing
requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day
extension for development review. Development review shall be completed within 120 days unless additional review
s are approved by the,. applicant.
~7~ Daniel J. KInsella
I b. Vice Presi entF,.,.co
- Chief Financial Officer
Signature of Applicant Date Datalink Corporation
Signature of Fee Owner
Date
Application Received on
Fee Paid Receipt No.
The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the
meeting. If not contacted, a copy of the report will be mailed to the applicant's address.
Datalink Corporation
Request to City of Chanhassen
Variance/Vacation of Parking Easement
September 16, 2003
This is to formally request that the City of Chanhassen vacate the requirement for a
parking easement on land owned by Datalink Corporation. See the attached "Parking
Easement" agreement dated May 4, 2001.
Datalink Corporation is headquartered at 8170 Upland Circle where it leases an office
building from Hoyt/DTLK, LLC ("Hoyt"). Datalink owns an empty lot adjacent to the
office building. Hoyt built the office space especially for Datalink which Datalink
occupied in June 2001. At the request of the City of Chanhassen, additional parking was
required and Datalink agreed to give to Hoyt a parking easement for 32 spaces on its lot.
Currently Datalink as 342 parking spaces for 92 employees. Additionally, the final design
and lay out of the building space (see attached summary) would make it highly unlikely
that the unused spaces will ever be utilized.
Datalink would like to sell the vacant lot and would like the lot to be freed of the
easement requirement. Hoyt is in agreement with this request and has signed the attached
application.
9/17/2003 Vacation of easement 9-2003
DATALINK SQ FOOTAGE ALLOCATION
CHANHASSEN, MN
JUNE 2003
TOTAL SQ FOOTAGE - BUILDING
100,602
LOWER LEVEL
TOTAL SQ FT
61,046
WAREHOUSE
OFFICE & MEETING ROOMS
UNOCCUPIED
RECEPTION
CAFETERIA, FITNESS & BREAK
LAB
14,480
15,030
19,500
2,006
8,530
1,500
UPPER LEVEL
TOTAL SQ FT
39,556
OFFICE & MEETING ROOMS
UNOCCUPIED
BOARDROOM, COMPUTER & FAC
FOYER
15,840
15,480
6,410
1,826
F.~07. 7.ESSEPLI & KRAME~ P A (THU} 5, 29' 08 9:01/S7. 9:0i,/NO, 486001241L P 2
PARKING EASEMENT
THIS PARKING EASEMENT AGREEMENT (~Agreement") is made this 4th day of
May, 2~1. by and between Hoyt/DTLK, LLC. a Minnesota limited liability company (hereinafter
referre, l to as "Hoyt") and Datalink Corporation, a Minnesota corporation (hereinafter referred to
as ~'Da alink"), and consented to by the City of Chanhassen. a municipal corpocation ('hereinafter
refcrrol to as "City").
The following recitals constitute a material part c)f this Agreement.
WITN',:_.SSETtI:
WHEREAS, ttoyt 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
which adjoins the l~md of Datalink described below; ,-,.nd
WHEREAS, Datalink is the owner of a tract of land in the City of Chanhassen, Carver
Counr.,, Minnesota clescribed on attached Exhibit B and referred to in this Agreements as ~Parcel
2") wllich adjoins the l~md of Hoyt; and
WHEREAS. Hoyt has entered into a long-term lease of all of Parcel 1 with Datalink; and
WHEREAS, th,: 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 exclusi, vely by approximately 125 employees of Datali~zk;
and
WHEREAS. th,,_. City's ordinances, based on the square footage of the building being
constr:tcted 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
rn~,:v :!'~:S &. KRAMER P A (THU} 5, 29' 0:
'
,V}-IEREAS, the City has been advised by both Hoyt and Datalink that Datalink will need
less tha. lt ~ 9._ parking spaces and the City is, willing to grant Hoyt a Certificate of Occupancy
for the Building based on Datalink's occupancy solely provided the City is assured that additional
parking can be made aw:ilable on Parcel 2 if Dat~Llink's actual occupancy so requires; and
OqHEREAS, Dal:alink is prepared to grant to Iloyt an easement over Parcel 2, to be used
only by Hoyt should the City determine that the ~:,ccupancy by Datalink, its customers, employees,
agents :: nd ~nvitees should, in the future, warrant.
conside
sufficie
NOW TI'IEREFORE, the following grants, agreements and consents are made in
-ation of One Dollar ($1.00) and other good and valuable consideration, the receipt and
:cy of which is hereby acknowledged:
.US._~E. Datalink hereby grants to Hoyt, ir,; successors and assigns alt exclusive easement for
the limited purposes of ingress and egres:; 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 mstallalion of a parking lot for not more than
thirty-two (32) l:.arking stalls. Datalink and Hoyt agrees that the e~sements granted by this
Agreement exist only if the Building to b,2 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 parkb~g facility slxall be paid by
}loyt 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 obje.::ts, papers, debris, obstructions, standing water,
snow and icc.
TERMINAT!.OIq 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 or~ Parcel 1
at any time in tt~e furore, Datalink shall ~.;ive written notice to the City within ten (10) days
after it vacates, l-loyt agrees to execute :t recordable document to terminate this Easemenl,
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 sttall, ii'
requested, execute a cross-parking eascntent over a portion of Parcel 1 for the benefit of
Parcel 2.
ENFORCEMEN_T.T. The City of Chanha:~sen or any person or entity having an interest in
Parcel I or Parcel 2 shall have the right ::o resort to legal action to enlorce these or the
City's covenant.~ contained in 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 enforceme~t action.
-2-
r~'nO~L' knSsz~,"~" ~ TM ' & KRAM£R P A (THU) 5.29' 0~, 9'02/S?. 9'O1/NO. 486001241! P 4
BINDING 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 be deemed to run with, burden
and benefit Parc,el 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 an'.,' mortgage of record encumbering said Parcels.
CONSTRUCTION OF .4~GREEMENT. The rule of strict construction shall not apply to
the easements granted in this Agreement or to the covenants set forth herein. This
Agreement Mall be given a reasonable construction so that the intention of the parties to
confer reasonably usable benefits and reasonably enforceable obligations are carried out.
NO_T}.C.E_. 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 sucl~ notice is sent by certified or registered mail, return receipt requested and
postage prepaid, correctly addressed as follows:
T'he address of ]-toyt:
708 South Third Street, Suite 108
Minneapolis, MN 55415
Attention: Steven B. Hoyt
l'hc address of Datalink:
Datalink Corporation
8160 Upland Circle
Chanhassen, MN 55317
Attention: Da:a Kirkqella
Either parry, or their successors, may file written notice by change or address with rite other.
1N WITNESS TO '['tiE AGREEMENT, the parties have caused this instrument to be
cxecm, rd as of the day and year first above wrCten, subject to all of the terms ~nd conditions herein
set for:h.
-3-
~ ........ & KRAMER P A (THU) ~, 29'0~ 9 '~ ~'
Oz/~., 90i/NO, 48600[24t[ : ~
STATt! OF MINNESOTA )
) Sq.
COUN'[Y OF HENNEI?IN )
The foregoing instrument ,,vas acknowledged before me this
day of ~'\~e~
2001, l:y Steven B. Host, the sole member of Hoyt/DTLK, LI.C, a Minnesota limited liability
compa]'y on behalf of tl'le company. '(' ~ (~
Nc:.lv[r'j, lh~blic i/
~ ~m~ JEROME A 11~1~ JR ~
D~:iTAI,INK CORPORATION, a
Minnesota corporation
- <"" /';7,. (;
(ts' /z ~z~.t ~ ¢. -~- o
STATf: OF MiNNESO'rA )
couNrY OF ~,O,q'&T. i~k/ )
The foregoing instrument,Fas acknowledged before me this '--'~l'5 day of t~",L'~W' ,
2001, l:y (3;Vl~ c'1 }:k.~-h,.,qk , the t':Y'~'~'{f(.L;""< of DATALINK CORPORATION, a Minnesota
torpor; tion on b'~half o1: the corporation. --
JEROME J. $1MODi$ JR ~
¸'4-
rnu,:v~ }v~:SSzr~ui & KRAMER P A (THU) 5. z9 0} 9'02/ST. 9:01,'"NC. 48600~241L P 6
CONSENT
The City of Chanhassen hereby consents to the provisions of this Parking Easement.
CITY OF CHANIqASSEN,
A "murdc l~al/°~°r% .
STATF, OF MINNESOTA )
COUN'I'Y OF CARYER )
Th~; foregoing, instrument w~ acknowledged before ,ne this ~-~{. day of"Pt~ ,
2001, ~,y ~;t;a. ~e ~/'14a.4~.:~oof the CITY OF CHANHASSEN~ ~i=esma
municipal co¢oration on behalr or' ~e cot '
poratl(~
-5-
FROM
EX~I~[BIT A
Parcel I
Lot Five (5), Block One (1), Chanhassen I.akes Bu~,finess Park 7t~ Addition, according to
the plat thereof on file or of record in the office of the Registrar of Titles, Carver County,
Minnesota
.6-
iv~z~ozr~'_~ & KRAMER. P A (THU) 5.29' 0.8 9'02/'8T. 9'01/NC, 4860012411 P 8
E33Y/JBIT B
Parcel 2
Lot SLx (6), Blo:k One (1), Chanhassen Lakes Business Par]< 7'h Addition, according to the
plat tl~ereof on file or of record in the ofl'ice of the Registrar of Titles, Carver County,
Minnesota
-7-
~,,~,~, & KRAMER P A (THU) 5,29 0S 9:02/S?, 9'01/N0,48600124ii : 9
EXH].-BIT C
Parking Easement Parcel
An easement for parking purposes over and across that part of Lot 6, Block 1,
CI-IANI.IASSEN LAKE BUSINESS PARK 7TM 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 assa~med bearing of South 26
degrees 49 minutes 53 seconds East along a southwesterly line of said Lot 6 a distance of 180, 12
feet to ;n 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; fl~ence North 63 degrees 10 minutes
07 seconds East a distance of 164,94 feet; thence North 26 degrees 49 minutes 53 seconds West a
distanc.:~ of 85.00 feet; thence Somh 63 degrees 10 minutes 07 seconds West a distance of 108.50
feet; th,:nce North 26 degrees z19 minutes 53 seconds West to the northwesterly line of said l..ot 6;
thence ::outhwcsterly along said northwesterly lir~e to the point of begi~ming. _
484028
FRC~{ !v(ESSErlii & KRA~ER P A
~ESCRIPTION FOR:
HOYT/DTLK, LLC
(THU} 5, 29' 08
9' 02/Si
9:01/N0. 4860012411 P i0
63458-001
SCHOELL & IVtAD$ON, INC.
Engineers 4, Surveyors + Planners
Soil Testing · Environmental Secvices
10580 Wayzata Blvd.
Minneton~;a, MN 55305
952-546-7601 Fax: 952-546-9055
PROOF OF PARKING EASEMENT
An easenlent for parking purposes over and across that part of Lot 6, Block 1, CHANHASSEN
LAKE BLISINESS PARK 7TH ADDITION, according to the recorded plat thereof, Carver
County, ~,linnesota, des,:ribed as follows:
Beginning at the most westerly corner cf 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 (listance of 180.12 feet to an angle point in said southwesterly line; thence South 5
de~rees 08 minuS:es 08 seconds East along a westerly line of said Lot 6 a distance of
31;9 feet; thence North 63 degrees 10 minutes 07 seconds East a distance of 164.94
fe(~t; thence North 26 degrees 49 minutes 53 seconds West a distance of 85.00 feet;
thence South 63 degrees 10 minutes 0'7 seconds West a distance of 108.50 feet;
th,~:nce North 26 degrees 49 minutes 53 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