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Home My WebLink About10-08-2013 - memo re: escrow refund Planning & Zoning Department Memo To: Finance Department From: Christine Mattson, Planning Assistant CC: Street File Date: October 8, 2013 G/L: 101-22205 '✓ Re: Escrow Refund Building Permit #2013-00345 and Zoning Permit #2013-00346 pertaining to 999 Wildhurst Trail are complete. The Applicant, Diane & Michael Gray, has requested a refund of their $2,000 escrow. As-built survey was reviewed in-house. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: Diane & Michael Gray 999 Whildhurst Trail Mound, MN 55364 w:\street files\wildhurst trail\999\escrow refund memo 2013-00346&2013-00345.doc Christine Mattson From: diane gray[dianebgray@gmail.com] Sent: Thursday, September 19, 2013 10:54 AM To: Christine Mattson; Mike Gray; diane gray Subject: Diane Gray Hi Christine, /, Today I dropped off the 2 opies of-66r after Survey per your request. I am now requesting the refund of our escrow in the amount of $2,000.00. Let me know if you need anything else and what the timeline is for our refund. Thank you, Diane Gray 999 Wildhurst Trail Orono, Mn 55364 612-272-3014 No, airvql v 1 l.N UW Y • q.6. L5 ZONING PERMIT ESCROW AGREEMENT Permit#2013-00346 AGREEMENT made this 3 day of J , 20 13, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and Michael & Diane Gray ("Owners"). Recitals 1. A zoning permit application has been filed for a property located at 999 Wildhurst Trail the ("Subject Property"), legally described as, see Exhibit A, attached. 2. Owner requests the City to review this application. 3. The City will commence its review of the application and incur costs associated with said review only if the Owner establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit$2,000 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 reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering or legal consultant review) or will incur in reviewing the plan. Eligible expenses shall be consistent with expenses the Owners would be responsible for under a zoning permit application. The escrow will also guarantee reimbursement to the City for all out-of- pocket costs the City has incurred to assure that the work is completed in accordance with the Stormwater Pollution Prevention Plan and the provisions of Orono City Code Chapter 79. The financial security may also be used by the City to eliminate any hazardous conditions associated with the work and to repair any damage to public property or infrastructure that is caused by the work (including planning, engineering, or legal consultant review) associated with permit#2013-00346 if compliance with the approved zoning permit is not accomplished. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above, shall issue a Stop Work Order until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when the review has been completed and written notification is received from the Owners requesting the funds. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. §§415.01 and 366.012. CITY: CITY OF ORONO OWNER: By: DE x / i Its: ',a 0.1,14 17. . ».'#. 04. ZONING PERMIT ESCROW AGREEMENT Permit#2013-00346 EXHIBIT A—LEGAL DESCRIPTION LEGAL DESCRIPTION OF PREMISES SURVEYED: (From Certificate of Title No. 1337649) That part of the Southeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 7, Township 117, Range 23, lying East of a line commencing on the South line of said subdivision at a point on the South line of Oak Glen Avenue as platted in the plat of Mount Home Park, being the point of intersection of the extension of the center line of Grandview Place in the said plat; thence Northerly along the extension of said center line and along said center line to the point of intersection with the extension Westerly of the South line of Lot 8, Block 1, in said plat; thence Easterly along said extension and said South line to a point on the South line thereof equidistant from the Southwesterly and Southeasterly corners of said lot; thence Northerly to the North line of said subdivision along a line which passes through a point on the North line of Lot 14, Block 1, Mount Home Park, equidistant between the Northwest and Northeast corner of said Lot, except the East 222 feet thereof. This survey shows the boundaries and topography of the above described property, the location of an existing house thereon, and the location of all visible "hardcover" thereon. It does not purport to show any other improvements or encroachments. firvro 5',S;I:51% RE°C.C1.:5t. aref tii41,75 DE?Frr74':, Rev-De.v.7;f:piN cheu 04:) avoi Tp id CflahlIE • CITY OF ORONO uI 1 HIM 11 11 u 1113 I' W 2750 KELLEY PARKWAY DATE ISSUED: 06/03/2013 ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 999 WILDHURST TR PIN : 07-117-23-21-0005 LEGAL DESC : UNPLATTED 07 117 23 : LOT 000 BLOCK 000 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: 2013-00346 ZONING PERMIT APPLICANT ESCROW FEE-APPLICANT 2,000.00 GRAY,MIKE&DIANE TOTAL 2,000.00 999 WILDHURST TR MOUND,MN 55364- OWNER GRAY,MIKE&DIANE 999 WILDHURST TR MOUND,MN 55364- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications,applicable City approvals,and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions of laws and ordinances governing this type of work shall be compied with whether or not specified herein.This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance,or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code.This permit may be revoked at any time for due cause. /dA1ii J - t.Q'- •pp icant PI itee Si+�.ture Date Issued By S' ature ate SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABO E. " Permit Io1 mil I P_iIN `, o N 2L1P. 1. 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