HomeMy WebLinkAboutEscrow agreement , .
ESCROW AGREEMENT
AGREEMENT made this �� day of August, 2007, by and between the CITY OF
ORONO, a Minnesota municipal corporation ("City") and Richard C. Gage and Britt L. Gage
a married couple ("Property Owners").
Recitals
A. Property Owners will be making land alterations at 2180 Abingdon Way, Orono
(Lot 6 & part of Lot 5, Block 1, Abingdon Glen, Hennepin County) that will
include disturbing the buffer for a wetland on the property.
B. The City is requiring a security agreement to guarantee the required re-planting,
and re-vegetation of the buffer is successful.
C. Property Owners have agreed to complete or repair the items cited above in a timely
fashion. Property Owners have agreed to provide financial security for the
completion of the items cited above by entering into this Escrow Agreement.
D. The City has determined that this Escrow Agreement constitutes adequate
assurances from Property Owners, sufficient to protect the City from potential
damages and noncompliance with the City Code.
NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of
this Escrow Agreement, the Property Owners shall deposit $2000.00 with the City. All
accrued interest, if any, shall be paid to the City to reimburse the City for its cost in
administering the escrow account.
2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee that the
seeding of the buffer required as part of building permit number P11213 is completed
properly and that any vegetation that does not establish successfully is replaced. A
planting is deemed successful if there is at least one native plant from the seed mix per
square foot in the seeded area. Areas where the planting is not successful shall be
reseeded by the end of the growing season. The funds shall be spent by the City if
Property Owners for any reason is unable or unwilling to honor the requirements of the City
Code and any Development Agreement. Construction costs may also include engineering
estimates and plans as well as labor and materials for any repairs or matters completed.
, .
3. REQUIRED IMPROVEMENTS. The removal of all of the buckthorn and the
garlic mustard within the buffer as indicated on the survey by Gronberg & Associates, Inc.,
dated 7/2/07 attached as Exhibit A and as detailed in the 7/26/07 letter from John Smyth,
also attached as Exhibit B.
4. DISBURSEMENT FROM ESCROW ACCOUNT. If the City suspects or knows
of any matter cited above that is not completed correctly and in a timely fashion, it shall first
make demand of Property Owners to make any necessary repairs or to take other prudent
remedial measures within a 5 day time period. If Property Owners are unwilling or unable
to honor its agreement as determined by the City, the City may draw from the Escrow
Account, as necessary. The remedies afforded to the City under this agreement shall be in
addition to any other remedies which the City may be entitled by law or equity or other
agreement.
5. CLOSING ESCROW. The escrow, less any eligible expenses, shall be returned
to the Property Owners two growing seasons after planting if the planting is successful.
If substantial portions of the plantings are not successful after one planting season the
City may hold the escrow for an additional planting season. If substantial portions of the
plantings are not successful after two planting seasons the City may hold the escrow for
two additional planting seasons.
6. ACCESS TO PROPERTY. By signing below, the Property Owners grant to the
City, its agents and its employees, the right to enter on the Property for the specific
purpose of inspecting or completing the revegetation of the buffer should the Property
Owners not complete the work by the specified dates.
CITY OF RONO
BY: ` [" - �'��j1''�.-��
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IT'S C � /i/��i�l��-/�
PROPE�TY OWNERS
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Richard C. Ga e
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Britt : Gage
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Memorandum �Bonestroo
To: MelanieCurtis Project: 2180AbingdonWay Date: 7/26/2007 2335Highway36W
St.Paul,MN 55113
From: John Smyth and Amy Client: Ciry or Orono Tel 651-636-4600
Carolan
Fax 651-636-1311
Re: Wetland Buffer Ordinance File No: 139-07000-1 N,M,N,,bonesvoo.com
Remarks:
According to the submitted building plan two wetlands have been delineated within the
property boundaries at 2180 Abingdon Way. The following is a summary regarding information
on each of the wetlands and the associated requirements to be in compliance with the city of
Orono's wetland protection ordinance.
Wetland#1 (North end of the property):
According to the city's wetland classification system,wetland#1 has been classified as a
preserve wetland which requires a 50'upland buffer.
Review of the submitted building plans has indicated that wetland#1 and its upland buffer
should not be disturbed due to the construction that will occur on the properry. However,
wetland#1's upland buffer does contain undesirable plant species,details are given below:
A site evaluation was completed on 231u1y 2007 to determine the condition of the vegetation
in the existing upland buffer.A large amount of buckthorn(includes mature plants as well as
seedlings)was documented in the buffer of the wetland during this site evaluation. According
to Division 3 sec.78-1605(2)buckthorn is considered to be an undesirable plant species and
should be removed from the upland buffer area. After buckthorn is removed,bare or disturbed
areas in the understory should be seeded with a shade tolerant,approved native seed mix(see
general comments below).
Low densities of garlic mustard were also found to be growing in the upland buffer of wetland
#1. This is also an unacceptable plant species and should be removed. Once garlic mustard has
been removed bare areas should be seeded with an approved native seed mix(see general
comments below).
Wetland#2(south end of the property):
Wetland#2 has also been classified as a preserve wetland and will require a 50'buffer.
According to the submitted building plan,the patio slab of the proposed pool will be placed in
wetland#2's building setback. According to the city's wetland protection ordinance,Div.5 Sec
78-1608 2a—patio slabs may be placed in the setback area. The pool slab placement is
acceptable.
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The building plan also shows the septic mound being partially located in wetland#2's buffer
area. If installation of the septic system disturbs the wetland buffer,these areas will need to be
reseeded with an approved native seed mixture.
A site evaluation of wetland#2's buffer was also conducted on 231u1y 2007 to determine the
condition of the vegetation in the existing upland buffer. Common buckthorn was again found
to be a dominate species in wetland#2's buffer. As is stated above buckthorn is considered to
be an undesirable plant species and should be removed from the upland buffer area. After
buckthorn is removed,bare or disturbed areas in the understory should be seeded with a shade
tolerant,approved native seed mix(see general comments below).
There are also low densities of garlic mustard in wetland#2's buffer. This undesirable plant
species should also be removed from the buffer and bare areas should be overseeded with a
native seed mixture.
During the site visit it was also documented that wetland#2's buffer had been disturbed by the
installation of small utilities(about a 3 foot swath following along the chain-link fence). This
disturbed area will need to be reseeded with an approved native seed mix.
General Comments:
All buckthorn removal should be done using hand tools as�arge equipment can further disrupt
the wetland buffer. Buckthorn should be cut and the remaining stems should be treated with
an approved herbicide following label instructions. Treating the cut stumps will help prevent
regrowth of the buckthorn.
Garlic mustard can be controlled by either hand-pulling or through herbicide application—use
an approved herbicide(such as gylphosate)following label directions. Herbicide should be
applied during early spring or late fall for the best results(plants must be green and actively
growing). Garlic mustard is a biennial plant and needs to be monitored as hidden seedlings
may flower the year following treatment.
As described above all disturbed areas will need to be reseeded with an approved native seed
mix.According to the ordinance Div.3 Sec.78-1605(3)the seed mix must contain at least 12
pounds(PLS)per acre of native prairie grass seed and S pounds(PLS)per acre of native
wildflower seed. The grass mixture must contain a minimum of four species while the
wildflower mixture must contain a minimum of five species. The seed mix used must be
submitted to the city prior to planting for approval.
Silt fences shoutd be placed upslope of both wetlands upland buffers prior to construction.
These fences should stay in place until all construction activities have been completed. Silt
fences will make the upland buffer boundaries more obvious and help protect the wetland from
moving sediment during construction.
We recommend that the city take an escrow in the amount of 52,000 to ensure buckthorn and
garlic mustard are removed,bare areas are seeded,and for future compliance checks.
Poge 1 of3
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LEGAL DESCRIPTION OF PREI�9SE5 : (NOTE-PARCELS ARE TO 8E COMBINEO) \ � I � I
Parcel 1) Lot 6, Bbck 1, ABINGDON CLEN \ � � I �
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Parcel 2) That pat of Lot 5, Bbck 1, ABINGDON GLEN which I N
Nes west of the Eost 60.00 teet thereof. \ ' I �
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o : denoies Kon mwker I I I
(908.3): denotes exiating spot elevation, mean sea level dotum � \ I I
9t0 : denotes proposed spot elevation, per architect � � � I I
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- -917- -: denotes exieting contour line, mem nea level dotum
�BW'-1--: deootes proposed contour line, per vchitect � � i
Beorings shown are based upon on osswned datum. . ����� ' � �
':'UT�ITY EASE�EHTS;.. I I�
NOTE: Some of the information shown on this aurvey drawing was taken from ————�=—— — �� —————
our previou� surveys of the property, dated 9-11-02, i-31-OS md 3-16-06. --
''••....-•S 89°58' 18" W 383.13 �-�-�'��
This survey shows the boondaries ot the above deseribed property,
the bcation of an exisitnq house, the bcation of d visible
improvements, and the propoaed bcation of o propoaed oddition,
proposed pool dt patio, a�d two propoeed pilwe thereon. It doea
not purport to show any other improvementa or encroochments.
VI I N i nareey e.ar �� tnts pati.�ereuc�,a. �
�i� � ,�, .aprapar.�r,,.,..„,,,�mr�,K�.,,,.,,,;.°�,�°,', PROJECT �-��� GRONBERG & ASSOCIATE5 INC.
� r-rar .�nrw mw�m w s.c�m�m w rrw nvo w orM that I a�a dul reqblsed CIH�md lad �
Surveyor under ot tob of Ainesota �"�`�' CIVIL ENGINNER3,LAND SURYBYORS,LAND PLANNBRS
a� 07-1S4A 445 NORTH WLLOW DRIVE IONG LAKE. AM 53356
Ma �7+oroa� ta Lka�ma 12755 v 952-473-4141
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