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06-1125Council File # Green Sheet # 3C3519 RESOLUTION CITY,OF SAI�1T PAUL, MINNESOTA I3 Presented i Preliminary and Final Plat Approval for Chen's Addition 3 WHEREAS, Starbound Associates Inc, Zoning File # 06-119-415, has submitted for City a Council approval the attached preliminary and final plat for Chen's Addition to create 2 s commercial parcels at 1870 Old Hudson Road, between White Bear Ave and Hazel St.; and � WHEREAS, the appropriate City departments have reviewed the proposed plat and found, a subject to the recommended condition, that it meets the requirements of Chapter 69 of the 9 Zoning Code; and io ti WHEREAS, notice of public hearing before the City Council was duly published in the official iz newspaper, and notices were duly mailed to each owner of affected property and property t3 situated wholly or partly within 350 feet of the subject property; and 14 ls WHEREAS, the City Council held a public hearing on the proposed plat on December 6, i5 2006, at which all interested parties were given an opportunity to be heard, the Council 1� having considered all the facts and recommendations concerning the subdivision; is 19 20 21 22 23 NOW, TNEREFORE BE IT RESOLVED, that the City Council accepts and approves the attached preliminary and final plat for Chen's Addition to create 2 commercial parcels, subject to the condition that the applicant shall file a copy of the Council Reso{ution approving the plat with the Ramsey County Recorder's Office. Requested by Department of: Adoption Certified by Council Secretary BY� �� l - d� Appioved b�i9 :� D L Z�fo (�{o By: V`^-- �A�L' Planning & Economic Aevelopment BY� l� ,� � �� Form Approved by City Attorney B /�t✓ <✓ N,�,..,, lL�l� a 6 Fornt ove y ayor or ubmi n to Council B AdoptedbyCouncil: Date /a �d/� �(��O —�-� � Green-Sheet Green $heet Green Sheet Green Sheet Green Sheet Green Sheet � 06'/�9`'b � DepartmenUofficelcouncil: � Datelnitiated: � ' PE — Planning & Ecoaomic Devclopmeot ! 07-DEGO6 I I I i � � Contact Person & Phone: � Patrida James � � I � 0 266-6639 1 Assign � 1 '�� Must Be on Council Agenda by (Date): i� Number � 2 For Routinq 3 j Doa Type: RESOLUTION � Order i 4 E-DOCUment Required: Y Document Confact: Patricia James CoMact Pfione: 266E639 Tofal # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3035192 CityAttomev CityAttomey 3Navor's OKice MavorlAssistant Counril ' CityCouncil '¢iN Clerk ' CiN Clerk Ylannin¢ & Emnomic Developme� Pairicia James 5 6 06 Approve resolution memorializing City Cou�cil action to approve a Preliminary and Final Plat for Chen's Addition to create 2 commercial parcels (ZF#06-119-415). Public hearing held December 6, 2006. Planning Commission 1. Has this person/firtn ever worked under a contract for this depadment? CIB Commdtee Yes No Civil Service Gommissio� 2. Has this persoNfirm ever been a city employee? Yes No - 3. Does this persoNfirm possess a skill not normally possessed by any current city employee? Yes No Explain ail yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): " Starbound Associates Inc. has applied for Plat approval for Cfien's Addirion to create 2 commerical parcels on property located at 1870 Old Hudson Road, between White Beaz Ave and Hazel St. �� Advantages If Approved: City Council intent is finalized. �isadvantages If Approved: None �� Su 4 f. ��U� � �� i u(.;'"C:; ;;c^S'?�F`Csi1 Disadvantages If Not Approved: City Council action will not be completed. E ' I llr Transaction: Fuoding Source: Financial Information: � (Explain) i I CosURevenue Budgeted: Activity Number: rz ,�� . �C��,�:> DEC � 3 pr _,;; i�P�� S d ��:': PL:'_„ December 7, 2006 2:46 PM Page 1 \ CITY OF SAINT PAUL Christopher B. Coleman, Mayor Navember 14, 2006 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Cenle Bedor, Derector 25 WescFour[h Street SamtPaul, .LINSJIO2 Q Telephone: 651-266-6700 Facsrmile: 6� I -228-3220 I would like to confirm that a pubfic hearing before the City Council is scheduled for Wednesday, December 6, 2006, for the foilowing case. Zoning File: 06-119-415, Chen's Addition Applicant: Lee Tzong Chen/Ming Mei Chen Location of PropeRy: 1870 Old Hudson Road, between White Bear Ave and Hazel St Purpose: Combined Plat for Chen's Addition to create 2 commercial parcels City staff have reviewed the proposed subdivision, approved the Preliminary Plat, and signed off on the Final Plat on November 14, 2006. A staff report wiil be prepared and provided to the City Council the week prior to the public hearing. I have confirmed this day with Councilmember Lantry`s office. My understanding is that this public hearing request will appear on the agenda for the November 22, 2006, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 651-266-6639 if you have any questions. Si erely `< "—' t Patricia James •��T?� 4F �aiic �nnrc City Planner � �ti p� � �� ,;� � a,iet�a public,Iaeaiazing,on'tiVeanesaay, ne- cembex �6,-2006 at 5_30 p.m.. in the �CitY c: File # 06-119-415 Applicant: Mr Lee Tzong Chen, Ms Kareen Ecklund District Council: 1 Wendy Lane AA-ADA-EEO EMPLOYER oF Lee m�r��s ac is�o oia x�oa�a tietween.vvt�hite sear nvenve sna�"f�azei 3tzeek (Zonuig �6-139-�t1fr) . .. :.-��ated::Novembe;:i6 �., � .� , MARY�ERICK$OI�f, . � Assisfian"tCity�CotincllSecretar� ,'. mr«u� zor.=. _ �,.. s�ir.wr;ia�wranr,see aas2eaea. DEPARTMENT OF PLANNING & ECONOMlC DEVELOPMENT Cecile Bedor, Direcmr s,i: �r ,,� Al�Rl1 • ,� CTTY OF �AINT PAUL Chrisiopher B. Coleman, Mayor November 29, 2006 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Re: Zoning File #: File Name: Appiicant: Address: Purpose: Citv Councit Hearinq: Staff Recommendation: District Council: Deadline for Action Staff Assigned: Attachments: Approval with condition District 1 made no recommendation March 13, 2007 Patricia James, 651-266-6639 �'j 1 ' Staff Report packet cc: Zoning File 06-119-415 Applicant: Starbound Associates inc Kareen Ecklund, Felhaber, Larson, Fenlon and Vogt City Councif Members District Council: 1 " Wendy Lane Larry Soderholm Alfan Torstenson Peter Warner 25 West Fovrth Sireet S¢in2Pau1, MIJSSIO2 Q �� o� � 1'elephone: 65I-266-6700 _ Facsim ile: 651-228-3120 06-119-415 Chen's Addition Starbound Associates Inc, Attn: Mr Lee Tzong Chen 1870 Old Hudson Road, between White Bear Ave and Hazel St Combined Plat for Chen's Addition to create 2 commercial parcels December 6, 20Q6, 5:30 p.m., Citv Council Chambers AA-ADA-EEO Employer C 1X �!/� SUBDIVIS►ON STAFF REPORf FILE # 06-119-415 • 1. FILE NAME: Chen's Addition HEARING DATE: December 6, 2006 2. TYPE OF APPLICATION: Preliminary and Final Plat 3. LOCATION: 1800 Oid Hudson Road, between White Bear Ave and Haze1 St 4. PIN AND LEGAL DESCRIPTION: See subdivision documents for existing and proposed legal descriptions. 5. PLANNING D1STRiCT: 1 PRESENT ZONINC�: 83 6. ZONING CODE REFERENCE: §69.301; §69.406 7. STAFF REPORT DATE: November 27, 2006 E. . F. ' G. H„ � BY: Patricia James 8. DATE RECEIVED: July 20, 2 N ov. 1 6, 2 DE FOR ACTION: March 13, 2007 A. PURPOSE: Combined Plat for Chen's Addition to create 2 commercial parcels B. PARCEL SIZE: 258,554 sq. ft. (5.9 acres} C. EXISTING LAND USE: Hotel and conference center D. SURROUNDING LAND USE: North: Apartments, commercial buildings, parking (RM2, B2, VP) East: vacant {B3) South: Interstate 94 (B3) West: Commercial (B3) ZONING CODE CiTATION: §69.301 states that platting is required when a subdivision (1) creates five or more lots or parcels each of which is 2%= acres or less in size, or (2) requires paved streets, alleys and other public improvements, or (3) is previously unplatted land. §69.406 provides criteria for review of subdivision applications. These criteria are covered below under "Required Findings." HiS70RYiDISCUSSION: In 1962 a portion of the site was rezoned to "C-F2esidence", and in 1963 the City Council approved a permit for a motor hotel and parking lot on the entire site (file #'s 4860 and 5039). Additional variances and a site plan for the motef use were approved in 1979 (file #'s 8475, 9027, SPR # 259) DISTRICT COUNCIL RECOMMENDATIpN: District 1 had not made a recommendation at the time this staff report was prepared. REQUIRED FINDINGS: § 69.406 of the Zoning Code requires that all of the following findings shall be made prior to approval of a subdivision: 1. Ati the appiicable provisions of the Legis)ative Code are complied with. City staff have reviewed the proposed plat and have determined that alI applicable provisions of city codes are met. 2. The proposed subdivision will not be defrimenfal to the presenf and pofenfial surrounding land uses. The proposed plat is consistent with the surrounding land uses, and will not be detr'tmental.to present and future use, of surrounding land. 3. The area surrounding the subdivision can be planned and developed in coordination and compatibility with the proposed subdivision. The area surrounding the proposed plat is already largely devefoped and compatible with the proposed plat. 4. The subdivision is in conformance with the comprehensive plan. Tfie subdivision is in conformance with the Economic Opportunity section of the Summarv and Generai Policies of the comprehensive plan, calis for ensuring that land resources with potential for business use are made available and used to their maximum economic and community benefit. It also conforms with redevelopment plans for the area. �oning File # 06-119-415 Subdivision Staff Report Page 2 of 2. 5. The subdivision preserves and incorporates the site's importanf existirrg natural features whenever possible. The site is in s fuily-developed part of.St. Paul with no remaining nafuralfeafures. 6. AI/ land intended for building siles can be used safe/y without endangering residents by peril from floods, erosion, continuously high wafer tab/e, severe soil conditions or other menace. The site is a flat, fully developed area with no flooding, erosion, and high water table or soil condition problems. 7. The subdivision can be economically served with public facilities and services. The subdivision can be economicalty served with public facilities.and services from surrounding streets. t. STAFF RECOMMENDATION: Based on required findings 1 through 7, staff recommends approval of the final plat for Chen's Addition subject to the concJiSon that the applicant shal! file a copy of the Council Resolution approving the plat with the Ramsey County Recorder's Offrce. Affachmenfs: Application � � � . Preliminary Plat Final Plat (reduction) Site Location Maps .. • ,� h'' 9 `" i �, f � • • �{� �(f 2�' SAINT PAUL �� 5UBDIVISION REVIEkV APPLICATION Department of Planrzing and Economic Development Zoning'Section , . I400 Czty HaZLAnnex 25 West Fourth Street SairzEPaul, MN SSIO2-I634 (651) 266-6589 Lee TzonQ Chen � • Starbound Associates, Inc. 1455 Crenshaw Blvd. Suite 230 APPUCANT PROPERTY LOCATION C ��, Torrance, St CA Zip 90501 Daytime Phone Name of Owner (if different) Contact Person (if different) Karsen R. Ecklund phone 651-312-6015 Address/Location 1870 and 1880 Old Hudson Road, Saint Paul Legal Description (attach additionai sheet if necessary) Zoning TYPE OF SUBDIVISION: Date `� - {�-{�"��O City ❑ Lot Spiit ❑ Lot Spiit with Variance 0 Reg. 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P ,_ '$� . . a�.� �M � �. 4 � - I h � �__��n_ �m � _ _ -' € � • 5 �` �, }: g 4a a Q "/ .....�...,... 1 il n .:'n'i : i[.b: '' 1 s?.. �� MINNEAPOLI$ 220 South Sixth Sveet I Suire 2200 M�nneapolis, MN 55402-4504 612 339 6321 I Fas 612 338 0535 Felhaber Larson Fenlon €� Vogt A Professional Assaciation —Attorneys at Law Kareen R. Ecklund (651) 312-6015 kecklund@felhaber. com Reply to St. Paul October 20, 2006 Ms. Patricia James City Plannez City of Saint Paul Department of Plannang and Economic Development 25 West Fourth Street St. Paul, MN 55102 Re: Zoning File No. 06-119-415, Chen's Addition Dear Ms. James: ��1�2�� 57.PAUL 444 Cedar Scree[ � Suice 2100 S[. Paul, MN 55101-2136 651 222 6321 � Fax 651 222 8905 • Enciosed aze final versions of the Declaration of Access Road Easements creating the fire lane access, and of the Declaration of Easements creating the zights to maintain the walkway and the heating system in the hotel building far the benefit of the two-story building. Please substitute these for the draft versions we sentto you on October 10. E�ibit B is now attached to each and identifies the Fire Lane Access Road, the Hudson Road Access, and the Walkway. The surveyor has informed us that they have made all of the revisions set forth in your letter of September 26, 2006, and the copies of their revised preluninary and proposed final plat should have been submitted to the City by the time you receive this letter. Please note that the legal descriptions,used are the new platted legal descripuons which we used because the easements are necessitated only by the new plat and split of ownership and because platted legal descriptions are preferable to the old metes and bounds descriptions. We expect that the easements will be recorded immediately upon the filing of the plat. Also enclosed is a copy o£ Mr. Nereng's letter to Tom Beach confirming that MnDOT has not objection to approval of the plat. I will be out of the office until October 30, 2006. I b�lieve that by tlxat time the City should • have everything needed to give fmal approval. Could you please advise as to the timeframe far obtaining that final approval and recording the plat? STPLWord:8905S.i wwwfelbaber.com Ms. Patricia 3ames October 20, 2006 Page 2 • It is important to note that we acknowledge that the separation of the two pazcels and the filing of the plat accomplishes only the creafion of two sepazately platted legal pazcels with a new boundary line between them. We are awaze that the owners of both pazcels will need to apply to the City for permits and licenses for use of the respective buildings and for certificates of occupancy, and that various City depariments may have additional requirements to issue such licenses and permits as aze necessary to occupy their respective buildings. Very tnily yours, FEL BER, LARSON, FENLON, & VOGT, P.A. ��- �_ �� Kareen R. Ecklund KRE/dsm Enciosures cc: Lee-Tzong Chen u � • STPL-Word:S9058.1 Ui�'((�"� � (Above Space Reserved for Recocding Data) DECLARATION OF ACCESS ROAD EASEMENTS This Declaration of Access Road Easements (the "Declaration") is made effective the day of , 200_, by Lee Tzong Chen and Ming Mei Chen, husband and wife (collectively "Declarant"). WHEREAS, Declazant is the owner of certain real properry located in the County of Ramsey, State of Minnesota, and legally described in E�ibit A attached, hereto (the "Froperty"); and WHEREAS, there is constructed upon Parcel A of the Properry a seven story hotel • building and related 'unprovements (the "Hotel ParceP'); and WHEREAS, there is constructed upon Parcel B of the Property a two story building and related improvements (the "Development Parcel"); and WHEREAS, Declazant desires to grant, establish and convey certain access easement rights, and establish certain maintenance obligations, between the Hotel Parcel and the Development Parcel, as more specifically set forth herein, so as to provide for Che safe, economic and efficient use, occupancy, maintenance and operation of the Property. NOW, THEREFORE, in consideration of the foregoing, the covenants and agreements contained herein, and for other valuable consideration, Declarant hereby declares that the Property shall be held, transferred and used subject to and together with the following easements, covenants and restrictions: 1. Definitions. In addition to the words and phrases defined above, the following words and phrases when used in this Declaration shall have the following meanings. a. "C�" means the Fire Depaztment of the City of St. Paul, Minnesota. b. "Development Pazcel" means Pazcel B of the Properry. • c. "Development Parcel Owner" means the owner of the Development Parcel, and its successors and assigns. 1 STPL-WOrd:88654.1 d. "Easements" means the easements which aze declared, established or defined in • this Declazation, all which shall be perpetual and appurtenant, unless otherwise indicated. e. "Fire Lane Access Road" means that part of the Property which is depicted and legally described on E�ibit B attached hereto, incorporated herein and designated as the Fire Lane Access Road. f. "Hotel Parcel" means Pazcel A of the Property. g. "Hotel Parcel Owner" means the owner of the Hotel Parcel, and its successors and assigns. h. "Hudson Road Access" means that pazt of the Hotel Pazcel depicted and legally described on E�ibit B attached hereto and incorporated herein. References to Sections herein refer to Sections of this Declaration, unless otherwise iadicated. References to the singulaz include the plural, and visa versa, depending on the context. 2. Deciazation of Fire Access Easement. Subject to and together with the restrictions and covenants set forth itt this Declazarion, Declarant hereby grants, conveys and establishes a non-exclusive easemene in, over and across the Fire Lane Access Road for the • benefit of the Owners of the Hotel Parcel and the Development Parcel for access to and from Old Hudson Road for the purpose of providing fire safety services to the structures and unprovements &om time eo time located on the Properry. Such easement shall include pedestrian and vehiculaz use by the City for fuefrghting and public safety personnel and equipment. a. Fire Access Easement Restricrions The Fire Lane Access Road shall at all times be paved or otherwise surfaced and suitable for use as a driveway for fire fighting and public safery equipment, with a width of no less than 20 feet and vertical clearance of at least 14 feet. No use shall be made of the Fire Lane Access Road by either Parcel Owner which would block or hinder City fire equipment from free access to all portions of the Fire Lane Access Road, or which would violate any then e�sting municipal codes or ordinances, oi state or federal laws. The restrictions and provisions set forth in this Declaratiott shall constitute covenants rumung with the land. b. Maintenance and Operation of the Access Easement. The maintenance and operational authority and related obligations with respect to the Fire Lane Access Road shall be as follows: i. Each Parcel Owner shall inspect, maintain, repair and replace, at its sole °, eJCpense, that portion of the Fire Lane Access , Road located on its • 2 STPLrWord:88654.1 a� -�� a-s • respective parcel, in such condition that it is always useable by the Ciry for fue fighting purposes. ii. Each Pazcel Owner shali (w) perform its respective obligations hereunder in a good and worl�anlike manner using materials and construction methods that aze of a quality and character consistent with or better than the original improvements to the Properry; (x) comply with all laws, rules, orders, ordinances, regulations and requirements now or hereafter enacted or promulgated by any federal, state, or local ox other governmental body or agency having jurisdiction over the Property; (y) proceed diligenfly and prompfly with the required maintenance, repair or replacement activity; and (z) employ every reasonable effort to avoid damage to or interference with the other Parcel. iii. If one of the Parcel Owners or the City, or its or their agents or employees, damages the Fire Lane Access Road, the pazty dixectly or indirectly causing the damage shali promptly restore the damaged property at its expense to substantially the same or better condition as existed pxior to the performance of the activities in qaestion. c. Relocation o£ Fire Access Easement. Each Parcel Owner shall have the right to relocate the Fire Lane Access Road on its Parcei at any tune or from time to � tune, but only if the new Iocation and specifications are approved in writing by the City to provide acceptable fire safety access to both Parcels and ail other requirements of this Declaration are satisfied. d. Dispufe Resolution. All disputes between Parcel Owners concerning suitability or usabil-ity of the Fire Lane Access Road for City purposes and in compliance with the requirements of this Declazation shall be conclusively resolved by a determined by the City. 3. Declaration of Hudson Road Access Easement. Subject to and together with the restrictions and covenants set forth in this Declaration, Declazant hereby grants, conveys and establishes a non-exclusive easement in, over and across the �Iudson Road Access for the benefit of the Owners of ffie Development Parcel for vehicular and pedestrian access to and from Old Hudson Road. 4. Regulation of Property. Each Parcel Owner shall have authority to control, operate and administer its respective Parcel and shall do so in compliance with a111aws, rules, orders, ordinances,'regulations and requirements now or hereafter enacted or promulgated by any federal, state, or local or other governmental body or agency having jurisdiction over such Parcel. Each Pazcei .Owner shall exercise its authority in a fair and equitable mamzer with respect to ail persons authorized to use such property and may establish such reasonable rules • and regulations governing the use thereof as may be necessary from time to time to ensure safe and efficient operation; provided that no pazry sball exercise its authority hereunder in a 3 STPLWord:88654.1 manner that is inconsistent "with the provisions of this Declaration or in such a way as to • obstruct or impair at any time the use of the Easements created hereby. 5. Default. If a Parcel Owner defaults in the performance of any obligation under this Declazation, and fails to cuze the default within 30 days following receipt of a notice specifying in reasonable detail the nature of the default, then the non-defaulting party may seek enforcement of such obligations by all remedies available itn Iaw andlor in equity, including without limitation, injunction or other equitable relief and damages resulting from such default. However, no default under this Declazation shall have any effect on the validiry of the Easements, or the covenants, restrictions and rights established hereby, or the rights of any benefited pariy to the use or benefit of such Easements, covenants restrictions and rights. 6. Estoppel Certificate&. Each party shall, from time to time, within 20 days after a written request from the other party, execute, acknowledge and deliver to the requesting parry, a certificate stating (i) that this Deciazauon is unmodified and in full force and effect, or, if modified, identifying the modification agreement(s); (ri� whether there is any existing default hereunder by the other party and, if so, specifying the nature and extent thereof; (iu) whether the pariy executing the certificate has given or received any notice making a demand or claim hereunder which has not been resolved; and (iv) such other matters as may be reasonably requested with respect to the rights and obligarions of the parties under this Declazauon. 7. Condemnation. In the event any portian of the Property is to be taken by condemnation or by deed in lieu thereof, each party shall be entifled to make -a sepazate claim • to the condemning authoriry fur the Property so taken, as their in[erests may appear. 8. Waiver of Claims. Except as expressly ,provided in this Section, each Parcel Owner, its guests, tenants and occupants and their respective successors and assigns, shall be deemed hereby to have released and waived all claims against the otherParcel Owner arising out o£ or resulting from damages, injuries to persons or properry or other risks customarily covered by commercial general liabIlity insurance inespecfive of whether such damage is the result of negligent acts or conduct on the part of the other Parce2 Owner. Each of the Parcel Owners shall be deemed to have agreed to look to its own insurance for protection against such liabilities and to pay its own respective deductibles resulting therefrom, having hereby waived all rights of sabrogation. Notwithstanding the foregoing, no parry shall be deemed to have waived or released any claims for gross negligence, willful misconduct or other ihtentional damage or injury against another party. 9.. Notices. To be effective, any notice, consent, or other communication required or permitted under this Declazation must be in wriring. A notice or other communication shall be deemed to have been given to a parry, and shall be effective, (i) if delivered by hand, when physically received by an officer of such party, or other person authorized by the party to receive notice, (u) if delivered by an overnight delivery service, on the second business day foIlowing the date such noflce or other communication is timely delivered to the overnight service, or (rii) if delivered by mail, on the third business day following the date such notice or other communication is deposited in the U.S. mail by certified mail addressed to the other • 4 STPL-Wotd:88654.1 �� • party, whichever occurs earlier. Mailed communications shall be initially directed as follows unless wzitten nouce of a change of address has been given in writing in accordance with this Section. If to the Owner of the Hotel Parcel: If to the Development Parcel Owner • Starbound Associates Inc. 1455 Crenshaw Boulevard,Suite 230 Torrence, CA 90501 Attention: Lee Tzong Chen Stazbound Associates Inc. 1455 Crenshaw Boulevard, Suite 230 Torrence, CA 90501 Attention: Lee Tzong Chen 10. No Challenges to Easements. No person or entity having or acquiring any interest in the Property, including but not lunited to the Parcel Qwners, the occupants or tenants of the Parcels, or their successors and assigns, shall have the zight to contest or challenge the Easements, rights, restrictions, covenants and conditions set forth in this Declaration on the basis of the passage of tune. All such persons and entities, by their assertion or acceptance o£ any interest in the Property, are hereby estopped from asserting and shall be deemed to have waived any claim that any provision of ttzis Declaration is invalid or unenforceable in whole or in part due to the passage of time whether such claim azises or is broughtforth under Minnesota Statutes Section 500.20, Minnesota Statutes Section 541.023, or any other statute or law heretofore or hereafter enacted. 11. Construction and Binding Effect. Each and all of the Easements, covenants, rights, obligations and restrictions granted, conveyed or established by this Declaration are affirmative and negative covenants which shall run with the land and shall be interpreted and construed as integral, essential and non-severable parts of the Declaration. This Declaration shall be binding upon and inure to the benefit of the Parcel Owners or their successors and assigns, and all other persons having or acquiring an interest in the Parcels. 12. Interpretation. In the event of any conflict or inconsistency between or among the provisions of this Declazation or similar documents filed against the Property from time to time, this Declaration shall control to the extent permitted by other applicable law. 13. Applicable Law. This Declaration shall be construed and enforced in accordance with the laws of the State of Minnesota. If any portion of this Declazation is unenfarceable under Minnesota law, tbe balance of the Declaration shall remain in full force and effect if enforcement of the remainder of the Declaration is reasonably practicable. 14. Duration and Amendment The Easements, covenants, restrictions and obligations established hereby shall be effective upon the recording of this Declarauon in the • appropriate recording office of Ramsey County, and shall be perpetual unless terminated by written agreement of the Parcel Owners or modified by a recorded amendment. This 5 STPL-Word:88654.1 Declazation may be amended only witfi the approvat of both Parcel Owners and, if the • amendment affects in any way the City's use of the Fire L.ane Access Road, the Ciry. The amendment shall be reduced to writing, signed by the approving parties and recorded in the same counry recording office in which this Declaration is recorded. IN WITNESS WHEREOF, the parties have caused tkis Declaration to be executed effective as of the date set forth above. Lee Tzong Chen STATE OF- COUNTY OF ) ) ss. ) Ming Mei Chen The foregoing insmiment was acknowledged before me this by Lee Tzong Chen. [Notary Stamp or Seal] STATE OF COUNTY OF ) ) ss. ) Notary Public The foregoing instrument was acknowledged before me this by Ming Mei Chen. [Notary Stamp or Seal] Notary Public THIS INSTRUMENT WAS DRAFTED BY: FELHABER, LARSON, FENLON & VOGT, P.A. (KRE) 444 Cedar Street, Suite 2100 St. _ Paul, MN 55101-2136 (651) 222-6321 day of � U day of r� � 6 STPL-Word:88654.1 o��ll� n � U � EXHIBIT A DESCRTPTION OF PROPERTY The following described properry in the Counry of Ramsey, State of Minnesota: Pazcel A Lot 1, Block 1, Chen's Addition. Pazcel B Lot 2, Block 1, Chen's Addirion. STPL-Word:88654.1 A-1 EXFIIBIT B DEPICTION OF kIRE LANE ACCESS ROAD e Lt Q N ��♦ V f+ � � � k � 1 1 ' 1 I I � _J I I I i I � � � _—J ' � � ) I � a s � fi :5 xL °. Tc e� �� °a ,$ €� €� e� g� .2 � 1 .. � 3 � � b g r � 1� ?3 L r I � � I ' � • • STPL-Word:88654.1 B- I D�e �(f � � DESCRIPTION SKE �o�: �� r_ c��n • ,� ��. �; �1�: � ��i �_ ��' ! .l � / .� ° f / NO2THERLY ° �y� � uwe oa �ar i '-• \' ' . , > - 1 -; > r � --__�-.-- 4 . . .. . - - r--r--26.50-,->--- ,- ,�_ ., , .,y _, I r , o . A . � `' M � . /_'Y � Y . ,_, � 1 r_ �:i : . � � �� , ,. �; . ;. , .;-. - L_.�' --'—' i < i i lf '/- � I / / �_ � \/ 1 \ EASTERIY_ ± —_-�� L'NE OF L07 I LEGEN7J: oescznnari �''`�� "� — DENOTES ACCESS EASEMENT p :" : ..� ` I nESCiuPTZax: An easement for access purpases over and across fhe no�therly 43.00 feet of the easterly 2&.50 feeE of Lc$ S, 8lock 1, CHEN�S ADDITION, Ramsey County. Minnesofa. AII distances being me.asu�ed at rigfit angles ta the nortberly and eosteriy tines o9 said Lot 7. � he�e6y certify that fhis wrvey. plan or rcport was ;:j; L�1NDF�RM prepared bp me or under my direcf supeMSion and . ;�-:b{*. .�`� � triot ! am a duly Iicensed La�tl Surveyor under the �_< < 800CBU'T�ER Q Af2E lows of the State of Minnesota. �r�;.�,'sa'�� '100 NQRTH STH 9TREET - ,t-..��+ ;�?"�a, MirmsaPdis� 1r1N89W3-1600 : � �':b+ ., ywsM{andfortnm"sp.com No. Yzd4145 drovnq: vmtZiMS By.' �G ;io�au,� n vxc� trzrtse. No. 4.4647 STPL-Word:88654.1 ; :'.,' ; ', �; 2 NORTH SCALE: 1"=20' � � - , � _"��„ � �� • � � ' ``\ ♦ 1 �; n . < � � � � ��. � CONSENT A1�TD JOINDER BY MORTGAGEE The undersigned (the "Mortgagee") is a mortgagee of portions of real property described in the Declaration of Access Easements (the "Declaration") to which this Consent and Joinder is attached. Mortgagee hereby consents to and joins in the Declaration; provided, that by consenting to and joining in this Declazarion, (i) such Consent and Joinder does not modify or amend the terms and conditions of its mortgage and related loan documents, and (ii) such Mortgage shall remain as a lien on the property described therein until released or satisfied. IN WITNESS WHEREOF, the Mortgagee has caused this Consent and Joindez to be executed on the day of , 200_ � STATE OF COLTN'I`Y OF ) ) ss. ) Its: The foregoing instrument was acknowledged before me this 200_ bY of , on behalf of said entity. Notary Public THIS INSTRLIIvIENT WAS DRAFTED BY: FBLHABER; LARSON, FENLON & VOGT, P.A. (KRE) _ 444 Cedar�Street, Suite 2100 St. Paul, MN 55101-2136 (651) 222-6321 STPL-Word:88654.1 Consent & Joinder 1 day of the . a • • • r� (� ll a� � Space Reserved for Recording Data) DECLARATION OF EASEMENTS . This Declaration of Easements (the "Declaration") is made effective the day of , 200_, by Lee Tzong Chen and Ming Iviei Chen, husband and wife (collectively "DeclaranY'). WI�EREAS Ramsey, State of "Property"); and Declarant is the owner of certain xeal property located in the County of Minnesota, and legally described in E�ibit A attached hereto (the WHEREAS, there is constructed upon Parcel A of the Property a seven story hotel building (the "Hotel") and related improvements (the "Hotel Parcel"); and WHEREAS, there is constructed upon Pucel B of the Properry a two story building (the "Redevelopment Building"), and related improvements (the "Redevelopment Parcel"); and WHEREAS, an enclosed ground level walkway (the "Walkway") is consiructed upon Parcel� :A and B which connects the Hotel and the Redevelopment Building as depicted and legally described in E�ibit B attached hereto and incorporated herein by reference; and WE�EEREAS, boilexs that pxovide heat to the Redevelopment Building and associated piges-and equipment (collectively the "Heating System") are located in the Hotel and in the Walkway; and WFIEREAS, Declarant desires to grant, establish and convey certain easement rights, and establish certain maintenance obligations, between the Hotel Parcel and the Redevelopment Parcel, as more specifically set forth herein, so as to provide for the safe, economic and _ eff'icient use, occupancy, maintenance and operation of the Property and the future use of the Heating System by,tIie Redevelopment Parcel Owner. ::. NOW; THEREFORE, im consideration of the foregoing, the covenants and agreements contained herein, and for oYher valuable consideration, Declazant hereby declares tiiat the Property shall be held, transferred and used subject to and together with the following easements, covenants and restrictions: 1 STPL-Word:88982.1 1. Definitions. In addition to the words and phrases defined above, the following words and phrases when used in this Declazation shall have the following meanings. �w 0 c. "C�� means the City of St. Paul, Minnesota. "Redevelopment Parcel" means Parce1 B of the Property. "Redevelopment Parcel Owner" means the owner of the Redevelopment Parcei, and its successors and assigns. d. " Easements " means the easements wluch" are declared, established or defined in this Declazarion, all which shall be perpetual and appurtenant, unless otherwise indicated. e. "Hotel Access Door" means the demising wall and secure access door constructed between the Hotel and the VJalkway to control access between the Hotel and the Walkway. f. � "Hote1 ParceY' means Parcel A of the Property. " Hotel Parcel Owner means the owner of the Hotel Parcel, and its successors and assigns. References to Sections herein refer to Sections of this Declaration, unless otherwise indicated. References to the singular include the plurai, and visa versa, depending on the context. 2. Declaration of Easements in Favor of the Redevelopmeut Parcel.- Subject to the restricrions set forth in this. Declaration, Declarant hereby grants, conveys and establishes the following easements in, over and through the HoteI ParceI for the benefit of the Redevelopment Parcel: a. Exclusive easements for encroachments upon the Hotel Parcel caused by the construction, reconstruction, repair, shifting, settlement or movement of the portion of the Walkway located on the Redevelopment Parcel and any improvements thereto, and the use, enjoyment and maintenance of any such encroaching improvement. b. e... STPL-Word:88982.1 Non-exclusive easements for structural support in and to all footiugs, walls, columns, joists, girders and other siructural components located-in or passing through the portion of the Walkway Iocated on fhe Hotel Parcel for the support of the portion of the Walkway located on the Redevelopment Parcel. . Non-exclusive easements _ foz access to and ttie maintenance, repair and replacement of the Redevelopment Parcel and any and all relafed improvements 2 � • • !�(�-lla5 . over, under and across the Hotel Pazcel to the extent reasonably necessary for the construction, maintenance, operation, repair and replacement thereof. d. Non-exclusive easements for access to and the maintenance, operation, repair, replacement, reconstruction and improvement of the Heating S�stem and related comgonents and facilities at their present location in the Hotel Building and on and under the Walkway on the Hotel Parcel to the extent reasonably necessary to perform such activities and to provide heat to the Redevelopment Building. e. Exclusive easements for access to and tl�e construction, maintenance, repair and replacement of the Access Door. 3. Easement Restrictions The use of the areas subject to the Easements shall be expressly limited to the purposes specified in this Declazation and no other use shall be permitted which unpairs the use of such areas for their intended purposes. Without luniting the foregoing, the following additional restrictions shall apply: a. The Heating System and related services shall be installed, used, operated, maintained, repaired and replaced so as not to intexfere unreasonably with the reasonable use and quiet enjoyment of the Hotel Parcel. b. The Walkway shall be used for access to the Hotel only for access to the • Heating System unless and until such time as the owners of the Parcels agree that it is mutually betteficial to piovide for geneLal enclosed pedestrian access between the buildings on the Parcels ("General Access") and enter into an agreement outlining the terms and conditions under which each agrees to such General Access. 4. Maintenance and Operation. The maintenance and operational authority and related obligations with respect to the Walkway and Heating System shall be as follows: a. The Owner of the Redevelopment Pazcel shall inspect, maintain, repair and zeplace, at its sole expense, the Access Door which shall at all times have a fire safety rating approyed by the City's Fire Marshall. b. The Redevelopment Parcel Owner shall inspect, maintain, repair and replace, at its sole expense, the Walkway. c. The Redevelopment Parcel Owner shall inspect, maintain, operate, repair and replace, at its sole expense, the Heating System for so long as it uses the heating system for the Redevelopment Parcel. d. The Owner of the Redevelopment Pazcel shall (i) perfotm its obligations hereunder in a good and workuiaulike manner using materials and consizuction • methods that are of at least a quality and chazacter consistent with the original Hotel; (ii) comply with all laws, zules, orders, ordinances, regulations and 3 STPL-Wocd:88982.1 requirements now or hereafter enacted or promulgated by any federal, state, or • local or other goverttmental body or agency having jurisdiction over the Property; (iii) proceed diligently and prompfly with the required maintenance, repair or replacement activity; and (iv) employ reasonable efforts to avoid damage to or interference with the Hotel Parcel. e. The Owaer of the Redevelopment Parcel shall (i) be obligated to pay for and promptly discharge all, costs, expenses and other obligations incurred in carrying out its maintenance, repair and replacement activities; and (i�) keep the Hotel Parcel free from mechanics', materialmen's and other liens azising in connecrion with such activities. f. If, in the course of conducting its construction., maintenance, repair or replacemant activities, the Owner .of the Redevelopment Pazcel or its agents or employees, damages the Hotel or Hotel Parcel, it shall prompfly restore the damaged propeny to substantially the same or better condition as e�stecf prior :c the p�:fo_*�ma.�ce of t�e ac±ivities �n queston. g. If the Owner or its tenant acts or fails to act in any way which damages, impairs or permits loss or damage to, the Heating System or the Walkway, the parry causing the damage shall immediately repair and/or replace all such damage and/or loss at its sole cost and expense. Failure to do so shall entitle the Hotel Parcel Owner to do so, and the costs thereof, including reasonable attorneys and • consultants fees, shall be the personal liability of the pazty causing the damage and constitute a lien on the Redevelopmettt Pazcel which shall run with the land. h. The Pazcel Owners shail cooperate in good faith in tfie perfoxmance of the maintenance, repair attd replacement activities referenced above. 5. Regulation of Properry. Each' Pazcel Owner shall have authority to control, operate and admiuister its respective Parcel and shall do so in compliance with all laws, rules, orders, ordinances, regulations and requirements now or hereafter enacted or promulgated by any federal, state, or local or other governmental body or agency having jurisdiction over such Parcel. Each Pazcel Owner shall exercise its authority in a fa3r and equitable manner with respect to all persons authorized to use such property and may establish such reasonable rules and regulations governing the use thereof as may be necessary from tune to time to ensure safe and efficient operation; provided that no pariy shall exercise its authority hereunder in a manner that is inconsistent with the provisions of this Declaration or in such a way as to obstruct or impair at any time the use of the Basaments created hereby. 6. Default. If a Parcel Owner defaults in the performance of any obligation under this Declaration, and fails to cure the default yvithin 30 days following receipt of a norice specifying in reasonabie detail the nature of the defauit, ffien the non-defaulting party may seek enforcement of such obligations by all remedies available itt law andJor in equiry, including without limitarion, _injunction or other equitable relief and damages resulting from such default. • 4 STPL`Word:88982.1 , - �(o�Jf�" • However, no default under this Declaration shali have any effect on the validiry of the Easements, or the covenants, restrictions and rights established hereby, or the rights of any benefited party to the use or benefit of such Easements, covenants restrictions and rights. 7. Estoppel Certificates. Each party shall, from time to time, within 20 days after a written request from the other party, execute, acl�owledge and deliver to the requesting pazty, a certificate stating (i) that tlus Declaration is unmodified and in full force and effect, or, if modified, identifying the modification agreement(s); (ii) whether there is any existing default hereunder by the other parry and, if so, specifying the nature and extent thereof; (iii) whether the party executing the certificate has given or received any notice making a demand or claim hereunder which has not been resolved; and (iv) such other matters as may be reasonably requested with respect to the rights and obligations of the parties under this Declaration. 8. Condemnation. In the event any portion of the Pxoperty is to be taken by condemnation or by deed in lieu thereof, each party shall be entitled to make a separate claim to the condemning authority for the Property so taken, as their interests may appear. 9. Waiver of Clauns. Except as expressly provided in this Section, each Parcel Owner, its guests, tenants and occupants and their respective successors and assigns, shall be deemed hereby to have released and waived all clauns against the other Parcel- Owner arising out of or resulting from damages, injuries to persons or property or other risks customarily covered by commercial general liability insurance irrespective of whether such damage is the • result of negligent acts or conduct on the part of the other Parcel Owner. Each of the Parcel Owners shall be deemed to have agreed to look to its own insurance far protection against such liabilities and to pay its own respective deductibles resulting therefrom, having hereby waived all rights of subrogation. Notwithstanding the foregoing, no party shall be deemed to have waived or released any claims for gross negligence, willful misconduct or other intentional damage or injury against another party. 10. Insurance. a. The Redevelopment Parcel Owner shall at all times maintain in full force and effect: i. A policy or policies of commercial general liability insurance against claims for death, bodily injury and properry damage, and such other risks as ue covered by such policies with minnnum lunits of One Million Dollars per occurrence, arising out of the performance of, or failing to perform, its rights and obligations with regard to the Walkway, Access Door and Heating System. ii. Such Walkway, Access Door and Heating System policy shall name as an additional insured the Hotel Owner and shall not be cancelable except after 30 days written notice to the Owners of both Parcels. • • 5 S1PL-Word:88982.1 b. The I3otei Pazcel Owner shall at all times maintain in full force and effect property casualty insurance on the Hotel, including the Heating System, covering without limitation loss or damage due to theft and vandalism. 11. Notices. To be effective, any norice, consent, or other communication required or permitted under this Declaration must be zn writing. A notice or other communicarion shall be deeme@ to have been given to a party, aud sha11 be effective, (i) if @elivered by han@, when physically received by an officer of such party, or other_person authorized by the parry to receive notice, (ii) if delivered by an overnight delivery service, on the second business day following the date such norice or other communication is timely delivered to the overnight service, or (iii) if delivered by maIl, on the third business day following the date such notice or other communication is deposited in the U.S. mail by _certified mail addressed to the other pariy, whichever occurs eazlier. Mailed communications shall be initially directed as follows unless written notice of a change of address has been given in writing in accordance with this Section. If to the Owner of the Hotel Pazcel Starbound Associates Inc. 1455 Crenshaw Boulevard, Suite 230 Torrence, CA 90501 Attention: Lee Tzong Chen If to the Redevelopment Pucel Owner: Starbound Associates Inc. 1455 Crenshaw Boulevazd, Suite 230 Torrence, CA 90501 Attention: I,ee Tzong Chen 12. No Challenges to Easements. No person or entiry having or acquiring any interest in the Property, including but not limited to the Pazcei Owners, the occupants or tenants of the Parcels, or their successors and assigns, shatl have the right to contest or challenge the Easements, rights, restrictions, covenants and condirions set forth in this Declararion on. the basis of the passage of time. All such persons and entities, by their assertion or acceptance of any interest in the Property, are hereby estopped from assertittg and shall be deemed to have waived any claim that any provision of this Declaration is invalid or unenforceable in whole or in part due to the passage of time whether such claim arises or is brought forthunder Minnesota Statutes Secfion 500.20, Ivlinnesota Stztutes Section 541.023, or any othex statute or law heretofore or hereafter enacted. 13. Consiruction and Binding Effect. Each and all of the Easements, covenants, iights, obligations and restrictions granted, conveyed or established by this Declazation are affu�n�ative and negative covenants which shall iun with the 3and and shall be interpreted and construed as integrai, essential and non-severable parts of the Declazation. Tlus Declazation shail. be binding upon and inure to the benefit of the Pazcel Owners or their successors and assigns, and all other persons having or acquuing an interest in the Pazcels. • • • 6 SI'PL-Word:889821 _ . Dle �(I �5 • 14. Interpretarion. In the event of any confTict or inconsistency between or among the provisions of this Decluation or similar documents filed against the Properiy from time to time, this Declaration shall control to the extent permitted by offier applicable law. • . 15. Applicable Law. This Deciarauon shall be construed and enforced in accordance with the laws of the State of Minnesota. If any portion of this Declaration is unenforceable under Minnesota law; the balance of the Declaration shall remain in full force and effect if enforcement of the remainder of the Declaration is reasonably practicable. 16. Duration and Amendment The Easements, covenants, restrictions and obligations estabiished hereby shall be effective upon the recording of this Deelaration in the appropriate recording office of Ramsey County, and shall be perpetual unless terminated by written agxeement of the Parcel Owners or modified by a recorded amendment. This Declaration may be amended only with the approval of both Parcel Owners and, if the amendment affects in any way the City's use of the Fire Lane Access Road, the City. The amendment shall be reduced to writing, signed by the approving pazties and recorded in the same county recording office in which this Declaration is recorded. IN WIT'NESS WHEREOF, the parties have caused this Declaration to be executed effective as of the date set fozth above. Lee Tzong Chen STATE OF ) ) ss. COUNTY OF ) Ming Mei Chen The foregoing instrument was acknowledged before me this _ day of by Lee Tzong Chen. [Notary Stamp or Seal] STPL-Word:88982.1 Notary Public 7 STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged_before me this _ day of by Ming Mei Chen. [Notary Stamp or Seal] Notary Pubiic THIS INSTRUMENT WAS DRAFTED BY: FELHABER, -LARSON, FENLON & VOGT, P.A. (KRE) 444 Cedar Street, Suite 2100 _ St. Paul, MN 55101-2I36 (651) 222-6321 0 � • � 51PI.�Word:SS982.i �(��/(� . • • EXHIBIT A DESCRIPTION OF PROPERTY The following described properry in the County of Ramsey, State of Minnesota: Pazcel A Lot 1, Block 1, Chen's Addition. Pazcel B Lot 2, Block 1, Chen's Addition. STPLWord:88982.1 ;; ..�:iu _ _ : DESC RIPT I ON S KETCH �oR: �e� r, c�rt LEGEND: srneas oESCmvrroni ,� � � — pENOTFS WALKWA7 EASFAIEN( T— �s . ,- �, -_, � o �-. �� A � r '�r . i` � NOR'iH raR'n+easiezlY SCPS.fi:I"=20' cozr�a oF �or i O � Q N O d' � D O � �., „,.,, ; � i< 1 � 1 t N .�_., 1 EXISThJC BURDINC T S74 °46 �`��g7 `�' � � WALKWAY EASEMENT� ., 2 ewsTevs euaawc : ' ��. , `� � a' �� `� � � 1: . 33ESCRIPTION: A 72,q0 foot wide wglkway easement o�er and avass that pwt of Lot 1, 81ock i, CFIEN'S ADD1710N, Ramsey County, Mirtnpsota, Ehe crnfer line o! rhich is despibed as fdfows: Cam(nenei�Yg Qt thp wos.t rtortheost�siy comer s�( said Lot i; tkencc on an assumed bpdnng bf S�rcifF� aPong Utc Ngtuly �ine ai said {pf 7, ¢��tqnee of it;,2[ IeE} Ya !he P2llAfT bF BfG7lJC�4NG, thence �SautFi T4 degrebs 46 minptes A�4 se4onds West E,97 (p�t and smd tenty.� fine thue turp7nating. i i�erebY tertrTy ihat this survey, glan pr reyart was }. � ��"�� yepnred by me �r� undee my die¢c'f supervisiqn arad ' Fha2 f nm a tluly licensed iand Surreyor uAde(' N1e ��.'°. - $(]�G 0IJTIEELSQU/V3E Ior�s of tha Slctc af Minnesrrda - �y ,�� 6p jQpR"7H 6TM S7REET � : $� A�1FlOB2FIp�13. �iu`7 554Q�1�TQ � IN?� � v9.:5�'�--"v�°�$ yry1N'�IRI(�ISP.00111 �/Fi � JaimcMn K Fxuain Oocc ��✓��fl6 leeme. iJO. 44647 &aaelk Jab aVo. ZFOOA�HS - qyy� WNFesatZZ14S 82! .#:C � • • STPL-Word:88982.1 U l� �li a, . CONSENT AND JOINDER BY MORTGAGEE The undersigned (the "Mortgagee") is a mortgagee of portions of real property described in the Declazation of Access Easements (the "Declararion") to which this Consent and 7oinder is attached. Mortgagee hereby consents to and joins in the Declaration; provided, that by consenting to and joining in this Declaration, (i) such Consent and Joinder does not modify or amend the terms and conditions of its mortgage and related loan documents, and (u) such Mortgage shall.remain as a lien on the property described therein until released or satisfied. IN WITNESS WHEREOF, the Mortgagee has caused this Consent and Joinder to be executed on the _ day of _ , 200_. � Its: � STATE OF ) ) ss. ) COUNTY OF day of the The foregoing instrument was acknowledged before me this , 200 , by of on behalf of said entity. Notary Public • THIS INSTRUMENT WAS DRAFTED BY: FELHABER, LARSON, FENLON & �OGT, P.A. (KRE) 444 Cedar Street, Suite 2100 St. Paul, MN 55101-2136 (651) 222-6321 . a ST'PL-Word:88982.1 � . '. � 1' ' CITIZEN PARTSCIPA7�0 DIS RICTS i f ; . E � ;• o(� -�� a-� CTTIZEN PARTSCIPATION PLANNING DISTRICTS C �1. NRAY=BkT7LECREEK-HTGHWOOD - 7. GREiITER EAST 5I DE 3.WEST'SIDE 4.DAYTON'S BLIJFF . S.PAYNE-PHRLEN * 6. NORTH EN•D ' 7.THOMAS=.DALC 8,SUMMIT-UNIVERSITY 9.-WEST SEVENTH I�.COMb , 11.HAMLINE-MIDWAY 12.5;. ANTHONY 13.M�RRIAM PK.-L�kIN�I'ON HAMLINE � 14..�ROVELRND=MAGAtESTER - iS.HIGNIAND /� � 4 t 16:SUMMIT HILL V� r� `�•� 17.DOWNT6WN a V � � LJ n U :BATTLE�-CREEK DISTRICT 1 � _ . � DEPARTMENT OF PLANNINQ & ECONOMIC DEVELOPMENT Cecri2e Bedor, Director Q �� —//�� 5,:�.T 'a; .� ABA C� �J CTTY OF �AINT PAUL Chrisaopher B. Colem¢n, Mayor November 29, 2006 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Re: Zoning File #: File Name: Applicant: Address: Purpose: Citv Council Hearina: Staff Recommendation: District Council: Deadline for Action Staff Assigned: Attachments: Approval with condition District 1 made no recommendation March 13, 2007 Patricia James, 651-266-6639 � Staff Reportpacket cc: Zoning File 06-119-415 Applicant: Starbound Associates inc Kareen Ecklund, Felhaber, Larson, Fenlon and Vogt City Council Members District Council: 1 Wendy Lane Larry Soderhofm Allan Torstenson Peter Warner ZS West Fourth SYreei SainiPaul, MN55102 Telephone: 651-266-6700 Facsimil e: 651-228-3220 06-119-415 Chen's Addition Starbound Associates Inc, Attn: Mr Lee Tzong Chen 1870 Old Hudson Road, between White Bear Ave and Haze1 St Combined Plat for Chen's Addition to create 2 commercial parcels December 6, 2006, 5:30 p.m., Citv Council Chambers AA-ADA-EBO Employer pi� �ll a SUBDIVISION STAFF REPORT FILE # 06-119-415 • 1. FILE NAME: Chen's Addition HEARWG DATE: December 6, 2006 2. l"YPE OF APPLICATION: Preliminasy and Final Plat 3. LOCATION: 1800 Old Hudson Road, between White Bear Ave and Hazel St 4. PIN AflD LEGAL DESCRIPTION: See subdivision documents for existing and proposed fegai descriptions: 5. PLANNING DISTR(CT: 1 PRESENT ZONING: B3 6. ZONING CODE REFERENCE: §69.301; §69.406 7. STAFF F2EPORT DATE: November 27, 2006 E . F , G BY: Patricia James 8. DATE RECEIVED: July 20, 2006; Nov. 16, 2006 DEADLINE FOR ACTION: March 13, 2007 A. PURPOSE: Combined Plat for Chen's Addition fo create 2 commercial parcels B. PARCEL SIZE: 258,554 sq. ft. (5.9 acres) C. EXfSTING LAND USE: Hotel and conference center D. SURROUNDING LAND USE: North: Apartments, commercial buifdings, parking (RM2, S2, VP) H.. REQUIRED FINDINGS: § 69.406 of the Zoning Code requires that all of the following findings sha{I be made prior to approval of a subdivision: East: vacant (B3) South: lnterstate 94 (B3) West: Commercial (B3) . ZONiNG CODE GiTAT10iV: §69.301 states that pfatting is required when a subdivision (1) creates five or more lots or parcels each of which is 2%z acres or less in size, or (2) requires paved streets, alleys and other public improvements, or (3) is previously unplatted land. §69.406 provides criteria for review of subdivision applications. These criteria are covered below under "Required Findings." . HISTORYIDiSCUSSION: In 1962 a portion of the site was rezoned to "GResidence", and in 1963 fhe City Council approved a permit for a motor hotel and parking lot on the entire site (file #'s 4860 and 5039). Additional variances and a site plan for the motel use were approved in 1979 (file. #'s 8475, 9027, SPR # 259) . DISTRICT COUNCIL RECOMMENpATION: Districf 1 had not made a recommendation at the #ime this staif report was prepared. 1. 2. - 3. .i 4. All the applicable provisions of the Legislative Code are complied with. City staff have reviewed the proposed plat and have determined that all applicable provisions of city codes are met. The propased subdivision will not be detrimental to the present and potential surrounding land uses. The proposed plat is consistent �vith the surrounding land uses, and will not be detrirrientai ta"present and future use_ of surrounding land. The area surrounding fhe subdivision can be planned and developed in coordinatiorr and compatibility with the proposed subdivision. The area surrounding the proposed plat is already largely developed and compatible with #he proposed plat. The subdivision is in conforma»ce with the comprehensive plan. The subdivision is in conformance with the Economic Opportunity section of the Summarv and General Policies of the comprehensive p1an, ca{1s for ensuring that fand resources with potential 4or business use are made available and used to their maximum economic and community benefit. it aiso conforms with redevelopment plans for the area. �oning File # 06-119-415 Subdivision Staff Report Page 2 of 2 5. The subdivision preserves and incorporates the site's important exisfing natural features • whenever possi6le. The site is in a fully-developed part of St. Paul with no remaining natural features. 6. A!1 land intended for building sifes can be used safely without endangering residents by peril from floods, erosion, continuously high wafer table, severe soil condifions or other menace. The site is a flat, fully developed area with no flooding, erosion, and high water table or soil condition problems, 7. 7he sudd�vision can be economica/ly served with public facilities and services. The subdivision can be economically served wifh public facilities and services from surrounding streets. !. STAFF RECOMMENDATION: Based on required findings 1 through 7, staff recommends approval of the final plat #or Chen's Addition subject to the condition that the appaicant shall file a copy of the Council Resolution approving the plat with the Ramsey County f2ecorder's Off'rce. Attachments: Application Preliminary Plat Final Piat (reduction) Site Location Maps A` . �. _ - 1 � }. . • �D�-ll� SUBDIVISION REVIEINAPPLICATION Department of Plarf:ing and Economic Developinent � Zonirzg Sectzon . � . I400 City FIal1 Annex 25 West Fourth Street SainE Paul, MN SSIO2-I634 (651} 266-6589 APPLICANT PROPERTY LOCATIQN �w Name Lee Tzong Ghen :D' `�, ,rZq ��`� �d �O c Address Starbound Associates, Inc. 1455 Cr ensha w Blvd. Suite 230 City Torrance, St CA Z � P 90501 Daytime Phone Name of Owner (if different) Contact Person (if different) Kaieen R. Ecklund Phone 651-312-6015. 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" � � � � _ _ __ .- � • � — �- � _ f � � � i ° u $ ,::-� � � 6; ;- _ ^ e= I -- = - � � { _ .-. '.'_ _� j ,: + — -_ • �— � - ,.: . : ; _-��:m �. � -- �: �� r= I ' - : � . " : i '- 3 — � ,� r ' � �"' � .`. � - - � _� ' t � _ ; .. r _ � � , _ �:�: , I + r � ..� : 1 � � ,,s-.;< _' ' Y - Y �... �� y I 2 i �_ . '�� t�r-.—�r -�---- ; _ - ,,.� �, � . 1.^'�, _ l �._ p . _ - —_�_ � ` � ^ �ry ' � w .._._..... I s - - 3 - - - � ; � :^ - _ i 4 , � ,� . �� Vi .......... � � _ c. i . _ 4 a � ✓ , �.. F " - s 2 � . _ u • • � MLNNEAPOLIS 220 South Sixth Saee[ I Suite 2200 Minneapolvs,MN 55402-45Q4 612 339 6321 I Fax 612 338 0535 Felhaber Larson Fenlon � �Togt A Professional Assoriation —Attorneys at Law Kareen R. Ecktund (651) 312-6015 kecklund@felhaber. com Reply to St. Paul October 20, 2006 Ms. Patricia James City Planner City of Saint Paul Department of Planning and Economic Development 25 West Fourth Street St. Paui, MN SS1Q2 Re: Zoning File No. 06-119-415, Chen's Addition Deu Ms. James: b�-rr�f ST. PAUL 444 Cedar Street � Suite 2100 5[. Paul, MN 55101-2136 651 222 6321 � F as 651 222 8905 • Enclosed are final versions of the Declaration of Access Road Easements creating the fire lane access, and of the Declaration of Easements creating the rights to maintain the walkway and the heating system in the hotel building for the benefit of the two-story building. Please substitute these forthe dra8 versions we sentto you on OctobeL 10. E�ibit B is now attached to each and identifies the Fire Lane Access Road, the Hudson Road Access, -and the Walkway. The surveyor has informed us that they have made all of the revisions set forth in your letter of September 26, 2006, and the copies of their revised preliminary and proposed fmal plat should have been submitted to the City by the tune you receive this letter. Please note that the legal descriptions used are the new platted legal descriptions which we used because the easements are necessitated only by the new plat and split of ownership and because platted legal descriptions are preferable to the old metes and bounds descriptions. We expect that the easements will be recorded immediately upon the f�ling of the plat. Also enclosed is a copy o£ Mr. Nereng's letter to Tom Beach confirming that MnDOT has not objection to approval of the plat. I will be out of the office untii October 30, 2006. I b�lieve that by that time the City should • have everything needed to give fmal approval. Could you please advise as to the timeframe for obtaining that final approval and recording the plat? STPL-Word:89058.1 " � _ www.fel}�abu.com Ms. Patricia James October 20, 2006 Page 2 - • It is unportant to note that we acknowledge that the separation of the two pazcels and the filiag of the plat accomplishes only the creation of two sepazately platted legal parcels with a new boundary line between them. We aze aware that the owaers of both parcels will need to apply to the Ciry for permits and licenses for use of the respecuve buildings and for certificates of occupancy, and that various Ciry departments "may have additional requirements to issue such licenses and permits as are necessary to occupy their respective buildings_ KRE/dsm Enciosures cc: Lee-TZOng Chen Very truly yours, FEL ER, LAItSON, FENLON, & VOGT, P.A. ��-�-�- �- �� Kareen R. Ecklund • u srrL-wo�a:s�oss.i C�l��I� � , (Above Space Reserved for Recording Data) DECLARATION OF ACCESS ROAD EASEMENTS This Declazation of Access Road Easements (the "Declazation") is made effective the day of , 200_, by Lee Tzong Chen and Ming Mei Chen, husband and wife (collectively "DeclaranY'). WHEREAS, Declarant is the owner of certain real property located in the County of Ramsey, State of Minnesota, and legally described in E�ibit A attached hereto (the "Property"); and WI3EREAS, there is constructed upon Parcel A of the Property a seven story hotel • building and related improvements (the "Hotel ParceP'); and WHEREAS, there is constructed upon Parcel B of the Property a two story building and related improvements (the "Development Pazcel"); and WHEREAS, Declarant desires to grant, establish and convey certain access easement rights, and establish certain maintenance obligations, between the Hotel Parcel aad the Development Parcel, as more specifically set forth herein, so as to pzovide for the safe, economic and efficient use, occupancy, maintenance and operation of the Property. NOW, THEREFORE; in consideration of the foregoing, the covenants and agreements contained herein, and for other valuable consideration, Declarant hereby declazes that the Properry shall be held, transferred and used subject to and together with the following easements, covenants and restrictions: 1. Definitions. In addition to the words and phrases defined above, the following words and phrases when used in this Declaration shall have the following meanings. a. "C�" means the Fire Department of the City of St. Paul, Minnesota. b. "Development Parcel" means Parcel B of the Property. . c. '"Development Parcel Owner" means the owner of the Development Parcel, and its successors and assigns. 1 STPL-Word:88654.1 d. "Easements" means the easements which aze declazed, established or defined in • tfris Declaraeion, aIi whicfi shall be perpetual and appurtenant, unless otherwise indicated. e. "Fire Lane Access Road" means ttiat pazt of the Property which is depicted and legally described on E�ibit B attached hereto, incorporated herein and designated as the Fire Lane Access Road. f. "Hotel Pazcel" means Parcel A of the Properiy. - g. "Hotel Parcel Owner" meaas the owner of the Hotel Parcel, and its successors and assigns. h. "Hudson Road Access" means that part of the Hotel Pazcel depicted and legally described on Exhibit B attached hereto and incorporated herein. References to Sections herein refer to Sections of this Declaration, unless otherwise indicated. References to the singulaz include the piural, and visa versa, depending on the context. 2. Declaration of Fire Access Easement. Subject to and together with the restrictions and covenaats set forth in this Declazation, Declarant hereby grants, conveys and establishes a non-exclusive easement in, over and across the Fire Lane Access Road for the • benefit of the Owners of the Hotel Parcel and the Development Pazcel for access to and from Old Hudson Road for the purpose of providing fire safety _services to the structures and improvements from time to time located on the Property. Such easement shall include pedestrian and vehicular use by the City for firefighting and public safety personnel and equipment. . a. Fire Access Easement Restrictions The Fire Lane Access Road shall at all rimes be paved or otherwise surfaced and suitable for use as a driveway for fire fighting and public safery equipment, with a width of no less than 20 feet and vertical clearance of-at least 14 feet. No use shall be made of the Fire Lane Access Road by either Parcel Owner which wouid block or hinder City fire equipment from free access to all portions -of the Fire Lane Access Road, or which would violate any then e�sting municipal codes ar ordinances, oi state or federal laws. The restrictions and provisions set forth in this Declaration st�all constitute covenants running tiuith the land. b. Maintenance and Operation of the Access Easement. The maintenance and : operational authoriry and related obligations- with respect to the Fire Lane Access Road shall be as foIIows: i. Each Pazcel Owner shall inspect, maintain, repair and replace, at its sole e�ense, that portion of the _ Fire Lane Access Road located on its • 2 ST'PlrWord:88654.1 D(�-� f �--� • respecrive parcel, in such condition that it is always useable by the City foz fire fighting purposes. ii. Each Parcel Owner shall (w) perform its respective obligations hereunder in a good and workmanlike manner using materials and construction _ methods that are of a quality and chazacter consistent with or better than the original improvements to the Property; (x} compIy with aII laws, rules, orders, ordinances, regulations and requirements now or hereafter enacted or promulgated by any federal, state, or local or other governmental body or agency having jurisdiction over the Properry; (y) proceed diligently and promptly with the required maintenance, repair or replacement activity; and (z) employ every reasonabte effort to avoid damage to or interference with the other Parcel. iii. If one of the Parcel Owners or the City, or its or their agents or employees, damages the Fire Lane Access Road, the party directly or ind'uectly causing the damage shall promptly restore the damaged properry at its expense to substantially the same or better condition as eacisted prior to the performance of the activities in question. c. Relocation of Fire Access Easement Each Parcel Owner shall have the right to relocate ffie Fire Lane Access Road on its Parcel at any time or from time to . tune, but only iP the new Iocation and specifications are approved in writing by the City to provide acceptable fire safety access to both Pazcels and all other requirements of this Declaration are satisfied. d. Dispufe Resolution. All disputes between Parcel Owners concerning suitability or usability of the Fire Lane Access Road for City purposes and in compliance with the requirements of this Declazation shall be conclusively resolved by a determined by the City. 3. Declazation of Hudson Road Access Easement. Subject to and together with the restrictions and covenants set forth in this Declaration, Declarant hereby grants, conveys and establishes a non-exclusive easement in, over.and across the Hudson Road Access for the benefit of the Owners of the Development Parcel for vehicular and pedestrian access to and from 02d Hudson Road. 4. Regulation of Property. Each Pazcel Owner shall have authority to control, operate and aci.minister its respective Parcel and shall do so in compliance with all laws, r�les, orders, ordinances, regulations and requirements now or hereafter enacted or promulgated by any federal, state, or local or other governmental body or agency having jurisdiction over such Parcel. Each Pazcel Owner shall exercise its authority in a fair and equitable manner with respect to all persons authorized to use such property and may establish such reasonable rules and regalaYions governing the use thereof as may be necessary from time to time to ensure safe � and efficient operation; provided that no, party shall exercise its authority herennder in a 3 STPIrWOrd:88654.1 manner that is inconsistent with the provisions of trus Declarafion or ut such a way as to . obstruct or impair at any time the use of the Easements created hereby. 5. Default. If a Pazcel Owner defaults in the performance of any obligauon under this Declaration, and fails to cure the default within 30 days foilowing receipt of a notice specifying in reasonable detail the nature of the defauIt, then the non-defauiting party may seek enfoicement of such obligazions by all remedies available in Iaw and/or in equity, including without limitation, injunction or other equitable relief and damages resulting from such default. However, no default under this Declaration shall have any effect on the validity of the Easements, ox the covenants, restrictions and rights established hereby, or the rights of any benefited parry to ttte use or benefit of such Easements, covenants restrictions and rights. 6. Estoppei Certificates. Each party shall, from time to time, within 20 days after a written request frnm the other party, execute, acknowledge and deliver to the requesting party, a certificate stating (i) ffiat this Deciaration is unmodified and in full force and effect, or, if modified, idenrifying the modification agreement(s); (ii) whether there is any e�sting default hereunder by the other party and, if so, specifying the nature and extent thereof; (iii) whether the parry executing the certificate has given or received any notice making a demand or claim hereunder which has not been resolved; and (iv) such other matters as may be reasonably requested with respect to the rights and obligations of the parties under this Declazation. 7. Condemnation. . In The event any portion of the Property is to be taken by condemnation or by deed in lieu thereof, each party shall be entifled to make a separate claim • to the condemning authority for the Property so taken, as their inferests may appear. 8. Waiver of Claims. Bxcept as expressly provided in this Section, each Parcel Owner, its guests, tenants and occupants and their tespective successors and assigns, shall be deemed hereby to have released and waived all claims against the other Parcel Owner azising out of or resulting from damages, injuries to persons oi property or other risks cnstomarily covered by commercial general liabiliry insurance irrespecfive of whether such damage is the result of negligent acts or conduct on the part of the other Pazcei Owner. Each of the Parcel Owners shail be deemed to have agreed to look to its own insurance for protecrion against such liabilities and to pay its own respective deductibies zesulting therefrom, having hereby waived all rights of subrogation. Notwithstanding the foregoing, no party shall be deemed to have waived or released any claims for gross negligence, willful misconduct or other intentional damage or injury against another party. 9.. Notices. To be effecrive, any norice, consent, ot other communication required or permitted under this Declazation must be in writing. A notice or other communication shali be deemed to have been given to �a party, and shall be effective, (i) if delivered by hand, when physically received by an officex of such party,"or other person authorized by the party to receive notice, (ii) if delivered by an overnight delivery service, on the second business day following the date such noUce or other communication is timely delivered to the overnight service, or (iii) if delivered by maii, on the third business day following the date such notice or other communication is deposited itt the U.S. mail_by certified mail addressed to the other • 4 STPL-WOrd:88654.1 �� ll�� . pariy, whichever occurs earlier. Mailed communications shall be initially directed as follows unless written notice of a change of address has been given in writing in accordance with this Section. If to the Owner of the Hotel Patcel: If to the Development Parcel Owner: • Starbound Associates Inc. 1455 Crenshaw Boulevard, Suite 230 Toaence, CA 90501 Attention: Lee Tzong Chen Starbound Associates Inc. 1455 Crenshaw Boulevazd, Suite 230 Torrence, CA 90501 Attention: Lee Tzong Chen 10. No Challenges to Easements. No person or entity having or acquiring any interest in the Property, including bnt not limited to the Parcel Owners, the occupants or tenants of the Parcels, or their successors and assigns, shall have the right to contest or chalienge the Easements, rights, restrictions, covenants and conditions set forth in this Declaration on the basis of the passage of time. Ail such persons and entities, by their assertion or acceptance of any interest in the Property, are hereby estopped from asserting and shall be deemed to have waived any claim that any provision of this Declaration is invalid or unenforceable in whole or in part due to the passage of tirue whether such claim arises or is broughtforth under Minnesota Statutes Section 500.20, Minnesota Statutes Section 541.023, or any other statute or law heretofore or hereafter enacted. 11. Construction and Binding Effect. Each and all of the Easements, covenants, rights, obligations and restrictions granted, conveyed or established by this Declaration are affixmative and negative covenants which shall run wifl� the land and shall be interpreted and construed as integral, essential and non-severahle parts of the Declaration. This Declaration shall be binding upon and inure to the benefit of the Parcel Owners or their successors and assigns, and all other persons having oz acquiring an interest in the Parcels. 12. Interpretation. In the event of any conflict or inconsistency between or among the provisions of this Declaration or similar documents filed against the Properiy from time to tune, this Declaration shall control to the extent petmitted by other applicable law. 13. Applicable Law. This Declaration shall be construed and enforced in accoxdance with the laws of the State of Minnesota. If any portion of this Declaration is unenforceable under Minnesota law, the balance of the Declaration shall remain in full force and effect if enfarcement of the remainder of the Declazation is reasonably practicable. 14. Duration and Amendment The Easements, covenants, restrictions and obligations established hereby shall be effective upon the recording of this Declaration in the • appropriate recording office of Ramsey County, and shall be perpetual unless temunated by written agreement of the Parcel Owners or modified by a recorded amendment. This 5 STPL-Word:8865A.1 Declaration may be amended only with the approval of both Parcel Owners and, if the � amendment affects in any way the City's use of the Fire Lane Access Road, the City. The amendment shall be reduced to writing, signed by the approving parties and recorded in the same counry recording office in which this Declazarion is recorded. IN WITNESS WIiEREOF, the parties have caused this Declaration to be executed effective as of the date set forth above. L,ee Tzong Chen Ming Mei Chen STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of by Lee Tzong Chen. [Notary Stamp or Seal] �Notary Public • STATE OF ) ) ss. COLTNTY OF ) The foregoing instrument was acknowledged before me this _ day of by Ming Mei Chen. [Notary Stamp or Sea1] ___ Notazy Public THIS INSTRUMENT WAS DRAFTED BY: FELHABER, LARSON, FENLON & VOGT, P.A. (KRE) 444. Cedar Street, Suite 2100 St. Paul, MN 55101-2136 (651) 222-6321 r 1 LJ 6 STPL-Word:886541 C� - �1a5 C� r1 U I � LJ EXFiiBIT A DESCRIPTION OF PROPERTY The following described property in the County of Ramsey, State of Minnesota: Parcel A Lot i, Block 1, Chen's Addition. Pazcel B Lot 2, Block 1, Chen's Addition. STPI`WOxd:88654.1 A-i EXEiIBIT B DEPICTION OF FIRE LANE ACCESS ROAD � � f-- lll � � k � 1 -0 p � �iV� � —� �� \ t g8�\�1 c, { � a: V,�� 1 � ,{� �,� 41 0�� i N ��'�� u � , I � =�f `s . ti jN� £ KU� �iQW � / � a t s � - - sg E x 4` .� �E �? sd 3$ i 'v�' .g i� 8'4 <. F- I � � � � j � ce � � 4. l i 1 `C � l , &�i � ` g � 3S „ i 'Yi • i �� I _J I I I I '. I ' � � � : ' -.- m _J €_ — ow � a ' u ^ _ '_ � ' � , a � q � 8: 1 ' I I $a W° � � � � d� u • . STPL-Word:8&654.1 B L l� (� - (l � � DESCRIPTION SKETCH POR: L�E T. G(-l�h! • ' �i �_ i/ NORiHERL LINE OF LOi � 1 ` j'1 I � V � �, i ``' `� � L/ � �— 4 ��. ° � � � - ��, • r. . � � � ��.� �^�+ v �— r� , �' � ��' � ' '� __—_.� r...'_�_'26.50-.-:-. i �� '' - _i �F.�..i' . °� � o," C . ' 1 0• ` A Y L_ __ �- V. / Y . ._�� r_.�; ,�:� � �� ;. �.:; F � L _;�.! — — r. � r. i i F< � � `� � � � � � _ � � • � � � EASTERLY __, �� lNE OF LOi I LEGEND; evnan e DESPRIGTION r`"� "� — DENOTES ACCESS EASEMENi p ,' : r: .1 • UESCRSPTION: An easement for access purposes over and acrass the northerly 43.00 feet of the easterly 26.50 £eet oi Lat t, 81ock 7, CHEN'S ADDITION, Ramsey Covnty. Minnesota. Ail distances being r��su�ed at right angies to the nartherly and easteriy tinas ot snid lot 7. t ficreby eertrfy that Ehrs su�vey, plam or report was 3 ��Ur�,(�� p�qpored bp me or under my direcE superHSion and ,:"#�t� fi00E BUT�.ERSQUARE that 1 am a duty Hcp.nsed Laqd Surveyo( under tfie �" laws of the State of Minnesot6. --�� 100 NORTH BTH $7REET �':s';��?'�';':,,:� .,�s ,�";;� MinneapNis,h7�tG"5540b'i6t0 :'.a'':,�° ..e�� .landfortnm'sp.COm {./o. ZZ09l45 Orovng esm3Zi745. 8 �G �onathan M. Fittmmn Lee¢se. No, 44647 STPL-Word:88654.1 � I 7 NORTH SCfu.F]: 1��=ZQ� �a I � �, .' �� 4 � ��♦ �� (�\� / r � / ° �: . ��a CONSENT AND JOINDER BY MORTGAGEE The undersigned (the "Mortgagee") is a mortgagee of portions of real properry described in the Declaration of Access Easements (the "Declaration") to which this Consent and Joinder is attached. Mortgagee hereby consents to and joins in the Declaration; provided, that by consenting to and joining in this Declararion, (i) such Consent and Joinder does not modify or amend the terms and conditions of its mortgage and related loan documents, and (ii) such Mortgage shall remain as a lien on the property described there'vn until released or sarisfied. IN WITNESS WHBREOF, the Mortgagee has caused this Consent and Joinder to be executed on the day of , 2�_• � STATE OF COiJNTY O� ) ) ss. ) Its: The foregoing instrument was acl�owiedged before me this 200_, by of , on behalf of said entity. Notary Public THIS INSTRUMENT WAS DRAFTED BY: FELHABER; LARSON, FENLON & VOGT, P.A. (KRE) . 444 Cedar Street, S`uite 2100 St. Paul, MN 55101-2136 (651) 222-6321 day of the . a • . • STPL-WOrd:88654.1 Consent & Joinder 1 �(�-ll� � (Above Space Reserved for Recording Data) DECLARATTON OF EASEMENTS This Declaration of Easemettts (the "Declaratiott") is made effective the day of , 200_, by Lee Tzong Chen and Ming Mei Chen, husband and wife {collectively "Declazant"). WHET2EAS, Declarant is the owner of certain real property located in the County of Ramsey, State of Minnesota, and legally described in E�ibit A attached hereto (the "Property"); and � � WHEREAS, there is constructed upon Parcel A of the Property a seven story hotel building (the "Hotel") and related improvements (the "Hotel Parcel"); and WHEREAS, there is constructed upon Parcel B of the Property a two story building (the "Redevelopment Building"), and related improvements (the "Redevelopment Parcel"); and , WHEREAS, an enclosed ground level walkway (the "Walkway") is constructed upon � Parcels °A and B wYuch connects the Hotel and the Redevelopment Building as depicted and Iegally described in E�chibit B attached hereto and incorporated herein by reference; and WHEREAS, boilers that provide heat to the Redevelopment Building and assaciated piges-and equipment (collectivelq the "Heating System") are located in the Hotel and in the Wal&way; and 'WI�REAS, Declarant desires to grant, establish and convey certain easemeut rights, and establish certain maintenance obligarions, between the Sotel Pazcel and the Redevelopment Parcel, as more specifically set forth herein, so as to provide for the safe, economic amd efficient use, occupancy, maintenance an@ operation of the Property and the fizture use of the Heating System by,the �tedevelopment Pazcel Owner. ,_. NOW; THEREFOI2E, in considerafion , of the foregoing, the covenants and agreements contained herein, and for other valuable consideration, Declarant fiereby declares tiiaf the Properry shall be held, transferred and used subject to and togetker with tha following easements, covenants and restrictions: 1 STPL-Word:88982.i 1. Definirions. In addition to the words and phrases defined above, the foilowing words and phrases when used in this Declaraflon shall have the following meanings. � L c. "C�� means the City of St. Paul, Mannesota. "1Zedevelopment Pazcel" means Parcel B of the Property. "Redevelopment Parcel Owner" means the owner of the Redevelopment Parcei, and its successors and assigns. d. " Easements " means the easements which" are declared, established or defined in this Declaration, all which shall be perpetual and appurtenant, unless otherwise indicated. e. "Hotel Access Door" means the demising wall and secure access door constructed between the Aotel and the VJalkway to control access between the Hotel and the Walkway. f F-� "Hotel Parcel" means Parcel A of the Property. " Hotel Parcel Owner means the owner of the Hotel Parcel, and its successors and assigns. References to Sections herein refer to Sections of this Declazation, unless otherwise indicated. References to the singuIar include the plural, and visa versa, depending on the context. 2. Declazation of Easements in Favor of the Redevelopment Parcel. S�bject to the restrictions set forth in this_ Declaration, Declarant hereby grants, conveys and establishes the following easements in, over and through the Hotel Pazcel for the benefit of the Redevelopment Parcel: � b. e." STPLWord:88982.1 Exclusive easements for encroachments upon the Hotel Parcel caused by the construction, reconstruction, repair, shifting, settlement or movement of the portion of the Walkway located on the Redevelopment Parcel and any improvements thereto, and the use, enjoyment and maintenance of any such encroaching improvement. Non-exclusive easements for structural support in and to all footings, walls, columns, joists, girders and othez structural components located in or passing through the portioa of the Waikway located on the Hotel Parcel for the support of the portiott of the Walkway located on the Redevelopment Pazcel. . Non-exclusive easements , for access to and the maintenance, repair and replacement of the Redevelopment Parcel and_any and all related improvements 2 � � C� �(�-�(a5" • over, under and across the Hotel Parcel to the extent reasonably necessary for the construction, maintenance, operation, repair and replacement thereof. d. Non-exclusive easements for access to and ttie maintenance, operation, repair, reptacement, reconstruction and improvement of the Heating System and related components and facilities at theiz present location in the Hotel Building and on and under the Walkway on the Hotel Parcel to the extent reasonably necessary to perform such activities and to provide heat to the Redevelopment Building. e. Exclusive easements for access to and the construction, maintenance, repair and replacement of the Access Door. 3. Easement Restrictions The use of the areas subject to the Easements shall be expressly limited to the purposes specified in this Declaration and no other use shall be permitted which irnpairs the use of snch areas for their intended purposes. Without luniting the foregoing, the following additional restrictions shall apply: a. The Heating System and related services shall be installed, used, operated, maintained, repaired and replaced so as not to interfere unreasonabIy with tfie reasonable use and quiet enjoyment of the Hotel Parcel. b. The Walkway shall be used £or access to the Hotel only for access to the • Heating System unless and until such tnne as the owners of the Pazcels agree that it is mutually beneficial to provide for general enclosed pedestrian access between the buildings on the Parcels ("General Access") and enter into an agreement outlining the terms and conditions under which each agrees to such General Access. 4. Maintenance and Operation. The maintenance and operational authority and related obiigations with respect to the Walkway and Heating System shatl be as follows: a. The Owner of the Redevelopment Parcel shall inspect, maintain, repair and replace, at its sole expense, the Access Door which shall at all tunes have a fire safety rating approved by the City's Fire Marshall. b. The Redevelopment Parcel Owner shall inspect, maintain, repair and replace, at its sole expense, the Walkway. a The Redevelopment Parcel Owner shall inspect, maintain, operate, repair and replace, at its sole expense, the Heating System for so long as it uses the heating system for the Redevelopment Pazcel. d. The Owner of the Redevelopment Parcel sha11 (i) perform its obligations fiereunder in a good and workmanlike manner using materials and construction • methods that are of at least a qualiry and character consistent with the original Hotel; (ii) comply with all laws, rules, orders, ordinances, regulations and 3 STPL-Word:88982.1 iequirements now or hereafter enacted or promulgated by any federal, state, or • locat or other governmental body or agency having jurisdiction over the Property; (in) proceed diligenfly and prompfly with the required maintenance, repair or repiacement activity; and (iv) employ reasonable efforts to avoid damage to or interference with the Hotel Parcel. e. The Owner of the Redevelopment Pazcel shali (i) be obligated to pay for and promptly discharge all expenses and other obligationsincurred in carrying out its maintenance, repair and replacement activiries; and (ii) keep the Hotel Parcel free from mechanics', materialmen's and other liens arising in connecrion with such activities. f. If, in the course of conducting its eonstruction, maintenance, repair or replacement activities, the Owner .of the Redevelopment Pazcel or its agents or employees, damages the Hotel or Hotel Parcel, it shall promptly restore the damaged properry to substantially the same or better condition as existed prior to :he gerforQance of the activi±ies in q�.ies+�en. g. If the Owner or its tenant acts or fails to act in any way which damages, impairs or permits loss or damage to, the Heating System or the Walkway, the party causing the damage shail immediately repair and/or repiace all such damage andlor loss at its sole cost and eJCpense. Failure to do so shall entifle the Hotel Pazcel Owner to do so, and the costs thereof, includiag reasonable attomeys and . consuitants fees, shall be the peisonal liability of the party causing tl�e damage and constitute a lien on the Redevelopm�nt Parcel which shal] run with the land. h. The Parcel Owners shall cooperate.in good faith in the performance of the maintenance, repair and replacement activities referenced above. 5. Reguladon of Property. Each' Parcel Owner shall bave authority to conh operate and aciminister its respective Parcei and shall do so in compliance with all laws, rules, orders, ordinances, regularions and requuements now or hereafter enacted or promulgated by any federal, state, or local or other governmental body or agency having jurisdiction over such Pazcel_ Each Parcei Owner sha11 exercise" its authority in a fair aud equitable mannez witYi respect to all persons authorized to use such property and may establish such reasonable rules and regulations governing the use thereof as may be necessary from time to time to ensure safe and efficient operation; provided that no party shall exercise its authority hereunder in a manuer that is inconsistent with the provisions of this Declaration or in such a way as to obstruct or impair at any tnne the use of the Easements created hereby. 6. Default. If a Pazcel Owner defaults in the performance of any obligation under this Deciaration, and fails to cure the default within 30 days following receipt of a notice specifying in reasouable detail the natute of the default, then the non-defaulting party may seek enforcement of such obligations by all remedies available in law and/or in equity, including without limitation, injunction or other equitable relief and damages resuiting from such default. � 4 STPLWord:88982.1 � �(� . However, no default under tfiis Declazation shail have any effect on the validity of the Easements, or the covenants, restrictions and rights established hereby, or the rights of any benefited party to the use or benefit of such Easements, covenanTS resTrictions and rights. 7. Estoppel Certificates. Each party shall, from time to time, within 20 days after a written request from the other pazty, execute, acl�owledge and deliver to tIie requesting party, a certificate stating (i) that this DecIaration is unmodified and in full force and effect, or, if modifred, identifying tlze modification agreement(s); (ii) whether theze is any existing default hereunder by the other party and, if so, specifying the nature and extent thereof; (iii) whether the party executing the certificate has given or received any notice making a demand or claim hereunder which has not been resolved; and (iv} such other matters as may be reasonably reqnested with respect to the rights and obligations of the parties under this Declaration. 8. Condemnation Ia tke event any portioa of the Property is to be taken by condemnation or by deed in lieu thereof, each party shall be etttifled to make a separate claim to the condemning authority for the Properry so taken, as their interests may appear. 9. Waiver of Claisns. Except as expressly provided in this Section, each Parcel Owner, its guests, tenants and occupants and their respective successors and assigns, shall be deemed hereby to have released and waived all claims against the other Parcel• Owner arising out of or resulting from damages, injuries to persons or property or other risks customarily covered by commercial general liabIlity insurance irrespective of whether such damage is the • result of negligent acts or conduct on the part of the other Parcel Owner. Each of the Parcel Owners shall be deemed to have agreed to look to its own insurance for protection against such liabiIities and to pay its own respective deductibles resulting therefrom, having hezeby waived all rights of subrogation. Notwithstanding the foregoiag, no parry shall be @eemed to have waived or released any claims for gross negligence, willful misconduct or other intenfional damage oz injury against another party. 10. Insurance. a. The Redevelopment Parcel Owner shall at all fimes maintain itt full force and effect: i. A policy or policies of coaunercial general Iiability insurance against claims for death, bodily injury and property damage, and such other risks as are_customazily covered by such policies with minimum limits of One Million Dollars per occurience, arising out of the performance of, ox failing to perform; its rights and obligatiotts with regaxd to the Walkway, Access Door and Heating System. ii. Such Walkway, Access Door and Heating System policy shall name as ' an additional insured the Hotel Owner and shall not be cancelabie except after 30 days written norice to the Owners of both Parcels. � E STPL-Word:88982.I b. The Hotel Pazcel Owner shall at all times maintain in full force and effect property casualty insurance on the Hotel, including the Heating System, covering without limitavon loss or damage due to theft and vandalism. 11. Notices. To be effective, any notice, consent, or other communication required or permitted under this Declaration must be in writing. A notice or other communication shatl be deemed to have been given to a parry, and shall be effective, (i) if delivered by hand, when physically received by an officer. of such party, or other person authorized by the party to receive nofice, (ii) if delivered by an oveznight delivery service, on the second business day following the date such notice or other communicafion is timely delivered to the overnight service, or (iii) if delivered by mail, on the third business day following the date such notice or other communicarion is deposited in the U.5. mail by certified mail addressed to the other pariy, whichever occurs earlier. MaIled communications shall be initially directed as foliows unless written notice of a change of address has been given in wiiting in accordance with ttus Section. If to the Owner of the Hotel Parcel: ff to the Redevelopment Parcel Owner: Starbound Associates Inc. 1455 Crenshaw Boulevard, Suite 230 Torrence, CA 90501 Attention: Lee Tzong Chen Starbound Associates Inc. 1455 Crenshaw Boulevard, Suite 230 Torrence, CA 90501_ Attention: Lee Tzong Chen 12. No Challenges to Easements. No person or entity having or acquiring any interest in the Property, including but not limited to the Parcel Owners, the occupants or tenants of the Parcels, or their successors and assigns, shall have the right to contest or challenge the Easements, rights, restricrions, covenants and conditions set forth in this Declaration on. the basis of the passage of time. All such persons and enrities, by their assertion or acceptance of any interest in the Property, are hereby estopped from asserting and shall be deemed to have waived any ciaun that any pxovision of this Declaration is invalid or unenforceable in whole or in pazt due to the passage of time whether such claim azises or is brought forth under Minnesota Statutes Secfion 500.20, M'innesota Statutes Section 541.023, or any other statute or law heretofore or hereafter enacted. 13. Construction and Binding Bffect. Bach and all of the Basements, covenants, tights, obligations and restrictions granted, conveyed or established by this Declazafion are aff'umative and negative covenants which shall run with the land and shall be interpreted and conStrued as integral, essential and non-severable parts of the Declarauon. TIus Declaration shall. be binding upon and inure to the benefit of the Parcel Owners or their successors and assigns, and all other persons having or acquuing an interest in the Parcels. • • • 6 srrc-wem:ss9sz.i bl�-��as • 14. Interpretation. In the event o£ any conflict or inconsistency between or among the provisions of this Declaration or similar documents filed against the Property from time to time, this Declazation sball control to the extent pemutted by other applicable law. • • 15. Applicable Law. This Decluation shall be construed and enforced in accordance with the laws of the State of Minnesota. . If any portion of this Declaration is unenforceable under Minnesota law, the balaace of The Declaration shall remain in full force and effect if enforcement of the remainder of the Declaration is reasonably practicable. 16. Duration and Amendment The Easements, covenants, restrictions and obiigations estab2ished hereby shall be effective upon the recording of this Deelaration in the appropriate recording office of Ramsey County, and shall be perpetual untess terminated by written agreement of the Pazcel Owners or modified by a recorded amendment. This Declaration may be amended oniy with the approval of both Pazcel Owners and, if the amendment affects in any way the Ciry's use of the Fire Lane Access Road, the City. The amendment shall be reduced to writing, signed by the approving pazties and recorded_in the same county recording office in which this Declaration is recorded. IN WITNESS WHEREOF, the parties have caused this Declaration to be executed e£fective as of the date set forth above. Lee Tzong Chen STATE OF ) ) ss. COUNTY OF ) Ming Mei Chen The foregoing instrument was acknowledged before me this _ day of by Lee Tzong Chen. [Notary Stamp or Sea17 STPL-Word:88982.1 Notary Public 7 STATE OF } ) ss. COUNTY OF ) The foregoing instr�ument was aclmowledged before me this day of by Ming Mei Chen. [Notary Stamp or Seal] Notary Public THIS INSTRUMENT VJAS DRAFTED BY: FELI�ABER, -LARSON, FENLON & VOGT, P.A. (KRE) 444 Cedar Street, Suite 2100 St. Paul, MN 5 5 10 1-2 13 6 (651) 222-6321 � e • 8 S1PLWord:88982.1 Ot��lla� • • . EXFIIBIT A DESCRIPTION O� PROPERTY The following described property in the County of Ramsey, State of Minnesota: Pazcel A Lot 1, Block l, Chen's Addition. Parcel B Lot 2, Block i, Chen's Addition. STPL-WOrd:88982.1 .�.it: ; DESCRIPTION SKETCH FoR: �.�� r. c�n� I.LGEND: S7MBOL4 OESCPJPt10N �, z � � 1 — OHJO�ES WAlXWAY EASNYEVf r— N �- . !- � _� u ��. ! � \ � � 1 EXIS7NG BUIIDWG _________ NORTH NOkTHE0.5TERLY SCALE:1"�0' CORNER OF LOi i 0 � ^ � �I� � �i�_,�ivµ � POMR OF BECWn&JC S� �—� . WALKWAY EASEMENi Y E%lSTWG &,�.ONC �-,�'� '�� ` `' ' , � � t� DESCRIPTION: A 7200 foot wide wqlkway easement over an0 avoss thoE pwt o; Cot 1, 81ock i, CHEN$ ADOIIION, Romsey County, Minnesoto, the cmter )'me of wfiiM is descnbed as (ollows: �amR+�zirig qY the mos2 rtortheastsrty eromer o( mid Lot i; tkencc an an d3sumed b�viTnq of 3autry Wbig ti5e g�g3e{iy fine Qfi said Lpf 7, a diston=e of tti:,Z7 feet #"o thc PQ1NT OF BEGINHlldG� ffi.enta Sauffi 7# degrees 46 minnM; 44 seGpnds West E,J7 (¢et ond soid cmtp.r fine the�e tertn7�afing. I hereby cUti{y that this survey, pka qr reput was ,� L��'�� prepa�ed by me 6r under my Geect supervision aad �- W. Ehat ! am a duly licerised fand Surve}ror urtEef Hle ,_�� SO�G 94J'TLEF2SQUl�E tows ot Ehe SSate of Minrtesv :�'�_ �,*•� , ��pty��{'�{6-iH.STE3EEl' .� .� - _ G / �—��' : �'-, �nosap"nlis. b1N 554Q3-151Q : ,z .-u n.�."� }.Y: _ we(Vf.tarf'dfotfntl�s mfi rmrachan ft Fktmvn Poce.: 19F��l46 lceree. Rh. 4¢&47 &evnetk Jab Na. �004K5 �a�p;N"tlResatZL1458y +BZG' � • • STPL-Word:88982.1 G�l� (l � • CONSENT AND JOINDER BY MORTGAGEE The undersigned (the "Mortgagee") is a mortgagee of portions of real property described in the Declaration of Access Easements (the "Declaration") to which this Consent and Joinder is attached. Mortgagee hereby consents to and joins in the Deciaration; provided, that by consenting to and joining in tlus Declaration, (i) such Consent and 7oinder does not modify or amend the terms and conditions of its mortgage and related loan documents, and (ii) such Mortgage shall.remain as a lien on the property described therein until released or satisfied. IN WITNESS WHEREOF, the Mortgagee has caused this Consent and Joinder to be executed on the day of , 200 . � Its: . STATE OF ) ) ss. ) COUNTY OF day of the The foregoing instrument was acknowledged before me this 200 , by of on behalf of said entity. Notary Public • THIS INSTRUMENT WAS ARAFTED BY: FELAABER, LARSON, FENLON & VOGT, P.A. (KRE) 444 Cedar Street, Suite 2100 St. Paul, MN 55101-2136 (651) 222-6321 . a STPLWOrd:88982.1 � / _� .. � `� v. ; i � I CITIZEN PARTICIPATFO DIS RICTS' 0 �� ll �� 6 CITIZEN PARTICIpATION PLArVNING RISTRICTS � '7. NRAY=6RT7LECREEK�HIGHWOOD GREATER EAST 5IDE 3.WEST SIDE 4.DAYTON'S BbUFF . S:PAYNE-PHALEN * 6.NORTH EN� � 7.THOMAS=.DALE B.SUMMIT-UNIVERSITY 9:WEST SEVENTH 1�.COMO , 11.HAMLINE-MIDWAY 12.S�. ANTHONY 13.MERRIAM PK.-LEkIN�TON HAMLINE �L 14..GROVELAND�MACAtESTER. - �' 15.HI6HLAND �� 9b.SUMMIT HILL 17.�OWNTbWN R .� � � :BATTLE�-CREEK DISTRICT 1 ON ,� , -