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Home My WebLink AboutEscrow Refund t Planning & Zoning Department Memo To: Finance Department From: Christine Mattson, Planning Assistant CC: Zoning File & Street File Date: August 7, 2013 / G/L: 101-22205 l/ Re: Escrow Refund Zoning Application #13-3598 pertaining to 450 Willow Drive South is complete. The Applicant, William Bowman, has requested a partial refund of his escrow. Please refund $1,500. The remaining $700 will continue to be held in escrow associated with zoning application#13-3617 and building permit#2013-00511. The following is attached: • Original signed escrow agreement and copy of new escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: William Bowman 450 Willow Drive South Long Lake, MN 55356 zAzoning applications\2013 zoning applications - #3588 thru\13-3598 (450 willow dr s & outlot a, willow hill) Ilrearr\partial escrow refund memo 13-3598.docx BUILDING PERMIT ESCROW AGREEMENT 4011 ding Permit Application#2013-00511 A*?1i ca-t-7rY.-i� l3— 31017 AGREEMENT made this�_day of TJA.( 20 0, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and Bill &Cynthia Bowman ("Owners"). Recitals 1. A building permit application has been filed for construction of deck additions to the home on the property located at 450 Willow Drive South the ("Subject Property"), legally described as The East 202.86 feet of the West 279.32 feet of the South 115.50 feet of the North Quarter of the Northwest Quarter of the Southwest Quarter of Section 3, Township 117, Range 23, West of the 5th Principal Meridian, including the West 15 feet of Outlot A,Willow Hill, Hennepin County, Minnesota. 2. Owners request the City to review these applications. 3. The City will commence its review of tate 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$700.00 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 reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, in excess of $500, 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 building 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 File #2013-00511 if compliance with the approved building 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 O ORONO OW E By 71K ►� � ` 'tA*)` ' Its: f;: 1 d�hA4 �C ��-alt LAND USE APPLICATION AND BUILDING PERMIT ESCROW AGREEMENT Orono Land Use Application#13-3598 AGREEMENT made this a day of Y'!-L. , 20j:�, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and Bill & Cynthia Bowman (the"Applicants"). Recitals 1. An application has been filed for a lot line rearrangement between the properties described as Outlot A, Willow Hill; Lot 2, Block 1, Willow Hill; and the property addressed 450 Willow Drive South and legally described as The East 202.86 feet of the West 279.32 feet of the South 115.50 feet of the North Quarter of the Northwest Quarter of the Southwest Quarter of Section 3, Township 117, Range 23, West of the 5th Principal Meridian, Hennepin County, Minnesota. 2. Applicants request the City to review the application. 3. The City will commence its review of the application and incur costs associated with said review only if the Owners establish 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 Applicants shall deposit$2,500 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, in excess of $500, or legal consultant review) or will incur in reviewing the plan. Eligible expenses shall be consistent with expenses the Applicants would be responsible for under a building 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 Land Use Application #13-3598 if compliance with the application 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 Applicants. Applicants shall be responsible for payment to the City within 30 days of the Applicants' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Applicants do not make payment to the City within the timeframe outlined in #3 above, shall issue a Stop Work Order until the Applicants pay all expenses invoiced pursuant to#3. The City may draw from the escrow account without further approval of the Applicants 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 Applicants when the review has been completed and written notification is received from the Applicants requesting the funds. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Applicants, 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 homestead property of Applicants at 450 Willow Drive South (PID No. 03-117-23-32- 0012) pursuant to Minn. Stat. Sections 415.01 and 366.01. CITY: ITY OF ORON OW By: d Its: Copy of Application Sent to: Engineer on County on DNR on MCWD on LMCD on Date Property Owners Notified: Date Legal Notice Published: PC Meeting(s): Vote: Vote: Vote: Notice of PC Action: City Council Meeting(s): Vote: Vote: Vote: Notice of Council Action: Resolution: Cityy of Orono 2750 KelleyParkway Orono _55356 952-249-4600 Receiat No: 3.008542 Mar 18, 2013 Bill Down Planning and Zoning #13-3598 400 S Willow 2,500.00 Drive 101-22205 Deferred Rea-Deveiooer Deoosit Planning and Zoning 13-3598 400 S Willow Dr 700.00 101-34420 Cond Use-Variance-Dev Fees Total: 31200.00 Check Check No: 12968 3,200.00 Payor: Bill Bowman Total Applied: 3,200.00 Change Tendered: .00 03/18/2013 04:03PM �! 1111111111111111111111111 111111M CITY OF ORONO * 2 0 1 3 - 0 0 2 1 9 2750 KELLEY PARKWAY DATE ISSUED: 04/03/2013 ORONO,MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS 450 WILLOW DR S PIN 03-117-23-32-0012 LEGAL DESC UNPLATTED 03 117 23 LOT 000 BLOCK 000 PERMIT TYPE ESCROW FEE-TIED TO BUILDING PERMIT PROPERTY TYPE RESIDENTIAL CONSTRUCTION TYPE ESCROW FEE-TIED TO BUILDING PERMIT NOTE: THIS$2500 ESCROW IS TIED TO LAND USE APPLICATION 13-3598-PAID ON 3/18/13 WITH CHECK#12968 APPLICANT ESCROW FEE-BUILDING 2,500.00 BOWMAN,WILLIAM&CYNTHIA ESCROW FEE-EROSION CONTROL 0.00 450 WILLOW DR S LONG LAKE,MN 55356- ESCROW FEE-GRADING 0.00 TOTAL 2,500.00 OWNER BOWMAN,WILLIAM&CYNTHIA 450 WILLOW DR S LONG LAKE,MN 55356- 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. Applicant Permitee Signature Date Issued By Signature Date SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. Melanie Curtis From: Bill Bowman [bbowman@lsi-casework.com] Sent: Wednesday, June 19, 2013 7:01 AM To: Melanie Curtis Subject: Bowman 450 Willow Good Morning Melanie, Can you please let me know when we can expect our$2,500 escrow money to be returned to us. Thanks, Bill BILL BOWMAN V.P. GENERAL MANAGER PH: 763.383.7739 • FAX: 763.559.4395 • bbowman(cD-lsi-casework.com LSI CORPORATION OF AMERICA•www.Isi-casework.com 2100 XENIUM LANE • MINNEAPOLIS, MN 55441 LSI C. - I i Christine Mattson From: Melanie Curtis Sent: Tuesday, August 06, 2013 9:35 AM To: Soren Mattick Cc: Jean Olson; Christine Mattson Subject: 13-3598 FW: Bowman 450 Willow 1 Attachments: 20130723230557555.pdf P0�v Soren v_ Can you please take a look at the attached? I hope it is finally what we need to finalize the lot line rearrangement. I think the Quit Claim Deed of property from Sowada to Bowman looks correct. I am wondering if the last document,the Exchange Certificate, is correct? What confused me is that the document references both L2, 61 &the east 15' of Outlot A AND L3,B1 &Outlot B.. Also, this appears to have been recorded on 7/9/13. The Hennepin County website doesn't reflect the split(which isn't unusual) but shouldn't it at least reflect that there is a split in process? Melanie Melanie Curtis 952.249.4627 mcurtis .ci.orono.mn.us --Original Message----- From: Ingrid Bredeson [mailto:Ingrid 0-)wmtitle.coml Sent: Thursday, July 25, 2013 8:18 AM To: cindy bowman; Melanie Curtis Subject: RE: Bowman 450 Willow Hi Melanie, Attached are the documents we received back from the County. I think this should meet your requirements but please let me know if you need anything further. As we discussed before, the County wouldn't record the Deed from Sowada to Sowada so that has been omitted. Please confirm receipt and approval. Thank you :) Ingrid Bredeson I Executive Closer Watermark Title Agency DelanolEdinalSt.Paul 1300 Babcock Blvd, Suite 201 1 Delano, MN 55328 Phone: 763.972.4523 1 Fax: 952.236.6735 Cell: 612.250.3718 Email: ingrid@wmtitle.com Web: www.wmtitle.com ----Original Message---- From: cindy bowman [mailto:cydbow@me.com] Sent:Wednesday, July 24, 2013 8:40 PM To: mcurtis@ci.orono.mn.us; Ingrid Bredeson Subject: Bowman 450 Willow Hi Melanie and Ingrid, Would you please give me an update on the deed event and our$2500 escrow account. 1 Christine Mattson From: David Martini [davidma@bolton-menk.com] Sent: Thursday, June 20, 2013 3:43 PM To: Christine Mattson Subject: RE: Unbilled WIP Not that we are aware of. Thanks. David P. Martini, P.E. Bolton & Monk, Inc. P: (952) 448-8838 ext. 2458 M: (612) 756-4315 email: davidma(cD-bolton-menk.com From:Christine Mattson [mailto:CMattson@ci.orono.mn.us] Sent:Thursday,June 20,2013 10:29 AM To:'Sherry Charboneau'; David Martini Subject: Unbilled WIP Hello, Any unbilled WIP for: 450 Willow Drive South Subdivision Application (Lot Line Rearrangement) 12-3598 William Bowman Thank you! Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway ! Orono ; MN 155356(physical address) PO Box 66 1 Crystal Bay 1 MN 155323-0066(mailing address) 9 952.249.4620 i 8 952.249.4616 ®cmattson@ci.orono.mn.us f -'�n www.ci.orono.mn.us Summer Office Hours: (Monday, May 20 through Friday,August 30,2013) Monday-Thursday: 7:30 am to 5 pm Friday:7:30 am to 11:30 am OUR OFFICE WILL BE CLOSED: Thursday,July 4,2013 This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.syManteccloud.com 1 Christine Mattson From: Sherry Charboneau [SCharboneau@ck-law.com] Sent: Thursday, June 20, 2013 12:49 PM To: Christine Mattson Subject: RE: Unbilled WIP Christine: I believe you are referring to 13-3598 (if not, let me know). We recently billed the City $45.00 per our statement dated May 31, 2013. Other than that, no WIP in my records. Have a good day. Sherry Sherry L. Charboneau Legal Assistant CAMPBELL KNUTSON P.A. 1380 Corporate Center Curve•Suite 317• Eagan,MN 55121 (651)234-6230 9 Fax:(651)452-5550 ®scharboneau(M-law.com•www.ck-law.com From: Christine Mattson [mailto:CMattson@ci.orono.mn.usl Sent:Thursday, June 20, 2013 10:29 AM To: Sherry Charboneau; David P. Martini Subject: Unbilled WIP Hello, Any unbilled WIP for: 450 Willow Drive South Subdivision Application (Lot Line Rearrangement) 12- 3598 William Bowman Thank you! Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway ( Orono j MN ! 55356(physical address) PO Box 66 ' Crystal Bay i MN 55323-0066(mailing address) 9 952.249.4620 = A 952.249.4616 ® cmattson@ci.orono.mn.us ! www.ci.orono.mn.us Summer Office Hours: (Monday, May 20 through Friday,August 30,2013) Monday-Thursday: 7:30 am to 5 pm Friday:7:30 am to 11:30 am OUR OFFICE WILL BE CLOSED: Thursday,July 4,2013 1