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HomeMy WebLinkAbout05/16/2016 - Memo: escrow refund Planning & Zoning Department Memo To: Finance Department From: Christine Mattson, Planning Assistant V► CC: Street File Date: May 16, 2016 G/L: 101-22205 Re: Escrow Refund Building Permit #2015-01396 pertaining to 2740 Shadywood Road has been withdrawn. Please refund $2,965.30 ($465.30-advance plan review fee and $2,500-escrow) to the applicant's personal representative, Georgia T. Sitaras. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: Georgia T. Sitaras 5481 Old Mystic Court Jupiter, FL 33458 w:\street files\shadywood road\2740\escrow refund 2015-01396.docx . 1 � LAND USE APPLICATION E CROW AGREEMENT Application # tS – D i 3Gi(o AGREEMENT made this eb0 day of.Oth7, -K , 20 is , by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and aqr vizPetc-Drt tS [a corporation–optional] ("Owners"). CJ Recitals 1. Owners have filqg Lan� Use� ppIl-ic�at.io� #Zp15"0l'►(4ormally requesting the City to review plans for the property addresseed: 90 ,1/LCc�i/ LL.( (the "Subject Property") legally described as +J c f n,1 2. Owners request the City to review said plans which requires City approval and may require consulting legal and/or engineering review. 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit$ 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 meeting with the Owners reviewing the plans, and preparing agenda packet material for City Council review of Land Use Application #1415-b151(4 Eligible expenses shall be consistent with expenses the Owners would be responsible for under a land use application. 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 cease all reviews 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 all requirements related to the project are complete. City Staff shall review the terms of this escrow agreement two times per year to determine whether the requirements of the project have been successfully completed and whether it is appropriate to return the funds. Owner may also request the release of the funds, and such funds shall be released upon City Staff receiving the appropriate verification that all requirements of the project have been successfully completed. 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. :::d CITY: CI Y OF ORONOOW i. jBy. ,•- B - G Its: el-441 t n GI` Its: 614')/v 'elP--- --",4":1"mi:75-' ,,,4VII.,.., ) ''''-------.-va .. ., . , . ,, 6, ----..z.,,. >,.. ,--;---, ,--, ", First National Bank of the Lakes 199891 �i , �� 706 Second Ave.S. Minneapolis,MN 55402 REM1lTER 3100 Hennepin Ave. Minneapolis,MN 55408 1V,\, 2445 Shadywood Road Navarre,MN 55392 Z�� 6613 Penn Ave.S. Richfield,MN 55423 l�, 75-1448/910 DATE 10 29 15 -PAY TO THE t' y A ! i ORDER OF CITY OF ORONO/BOATaOUSE BUILDING PERMIT 1 i 2.500.00. g THE S f� 2 50 Dots CLSi DOT� AI This document has a multi-color background a micro-print signature ane,an�la holograp u•e fail,,sence of ttiese �7 es will indicate a cn151 O SI •r TURES 11,,{ "ED FOR ANY AMOUNT • N • THOFICAND DOLLARS. BANK MONEY ORDER semV:146.,'®�,I . .,., ., City of Orono 2750 Kelley Parkway Orono MN 55356 952-249-4600 Receipt No: 3.014561 Oct 30, 2015 Elaine Pagonis Previous Balance: .00 Permits 2015-01399 2740 2,500.00 Shadywood 101-22205 Deferred Rev-Developer Deposit Total: 2,500.00 Check Check No• 19989 2,500.00 Payor: Elaine Pagonis Total Applied: 2,500.00 Change Tendered: .00 10/30/2015 10:57AM CITY OF ORONO U1111'111111 * 20 1 S - 0 1 399 * 2750 KELLEY PARKWAY DATE ISSUED: 10/30/2015 ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 2740 SHADYWOOD RD PIN : 21-117-23-24-0065 LEGAL DESC : REG.LAND SURVEY NO.0420 : 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 BUILDING PERMIT 2015-01396 APPLICANT ESCROW FEE-BUILDING 2,500.00 TOTAL 2,500.00 PAGONIS,ELAINE Payment(s)2740 SHADYWOOD RD CHECK 19989 2,500.00 EXCELSIOR,MN 55331- OWNER PAGONIS,ELAINE 2740 SHADYWOOD RD EXCELSIOR,MN 55331- 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 CITY OF ORONO I Ilk (' 1 I 1 I * 20 1 5 - 0 1 395 * 2750 KELLEY PARKWAY DATE ISSUED: 10/30/2015 ORONO,MN 55356- (952) 249-4600 FAX: (952)249-4616 ADDRESS : 2740 SHADYWOOD RD PIN : 21-117-23-24-0065 LEGAL DESC : REG.LAND SURVEY NO.0420 : LOT 000 BLOCK 000 PERMIT TYPE : ADVANCED PLAN REVIEW PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ADVANCED PLAN REVIEW VALUATION : $ 50,000.00 NOTE: PLEASE FILL IN THE FOLLOWING: VALUATION OF PERMIT:$ 50,000.00 TYPE OF PERMIT THIS PAYMENT IS FOR: BOATHOUSE PERMIT#THIS PRE-PAYMENT IS TIED TO:2015-01396 APPLICANT ADVANCED PLAN REVIEW 465.30 TOTAL 465.30 PAGONIS,ELAINE Payment(s) 2740 SHADYWOOD RD CHECK 465.30 EXCELSIOR,MN 55331- OWNER PAGONIS,ELAINE 2740 SHADYWOOD RD EXCELSIOR,MN 55331- 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 April 26, 2016 Chris Mattson City of Orono 2750 Kelley Parkway RECEiVE0 Orono, MN 55356 MAY _ 2 2016 Georgia T. Sitaras 5481 Old Mystic Court CITY OF on* Jupiter, FL 33458 (561)-746-7775 (561) 628-4570 Hi Chris, I have enclosed the legal documents regarding my sister Elaine Toni Pagonis's estate at 2740 Shadywood Road Orono, MN 55331 regarding her payment to the city of Orono to build a boathouse. Please let me know if there is anything else you may need. Th k you vertu eorgi (Gina) T. Sitaras Ycan / CIL° STATE OF MINNESOTA DISTRICT COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN PROBATE/MENTAL HEALTH DIVISION Court File No. 27-PA-PR-16-156 Estate of: LETTERS Elaine T. Pagonis a/k/a OF GENERAL ADMINISTRATION Elaine Toni Pagonis, Decedent 1. The Decedent died on January 13, 2016. 2. Georgia T. Sitaras has been appointed Personal Representative of Decedent's Estate in an UNSUPERVISED administration and is now qualified to act as Personal Representative of the Estate and has authority to administer the Estate according to law. ?4,145, 02k/in_..) Jamie L. Anderson *,11N eo Judge of District Court a°11 Recommended by: I: 9 .J1 i fNN Esq Dean M. Maus Referee of District Court STATE OF MINNESOTA FOURTH JUDICIAL DISTRICT DISTRICT COURT COUNTY OF HENNEPIN PROBATE DIVISION Court File No. 27-PA-PR-16-156 Estate of ORDER OF FORMAL,ADJUDICATION OF INTESTACY,DETERMINATION OF Elaine T. Pagonis a/k/a HEIRS, AND FORMAL APPOINTMENT Elaine Toni Pagonis, OF PERSONAL REPRESENTATIVE Decedent The Petition for the Formal Adjudication of Intestacy and Determination of Heirs and Appointment of Personal Representative, signed by Georgia Toni Sitaras, came before this Court on March 21, 2016. The Court, having heard and considered the Petition, determines the following: 1. This Court has jurisdiction and venue in this County is proper. 2. The Petition is complete. 3. The Petitioner has declared or affirmed that the representations contained in the Petition are true and complete to the best of the Petitioner's knowledge or belief. 4. The Petitioner is an interested person as defined by Minnesota law. 5. Any notice required by Minnesota law has been given. 6. The Decedent died on January 13,2016. 7. The Petition states that after conducting a reasonably diligent search,Petitioner is unaware of any testamentary instrument relating to property having a situs in this state under Minnesota law. 8. Decedent left no Will, and therefore, died intestate. 9. Decedent's sole heir, entitled to 100% of Decedent's estate, is Niki Pagonis, parent. 10. All persons identified as heirs have survived the Decedent by at least 120 hours. 11. Decedent left no surviving spouse. Decedent left no surviving issue. 12. It appears from the Petition that the time limit for original testacy and appointment proceedings have not expired. Court File No. 27-PA-PR-16-156 Page 1 of 2 13. The Petition indicates that there is no Personal Representative appointed in this or another county of Minnesota whose appointment has not been terminated. 14. The person appointed below has priority and is entitled to be appointed Personal Representative and is not disqualified to serve as Personal Representative. 15. No objections to the Petition have been asserted. IT IS ORDERED: 1. The Petition is granted. 2. Decedent left no Will and,therefore, died intestate. 3. The heirs of the Decedent are as identified above. 4. Georgia T. Sitaras is formally appointed the Personal Representative of Decedent's Estate with no bond, in an unsupervised administration. 5. Upon filing of any required bond and statement of acceptance and oath, letters of general administration shall be issued. Recommended by: BY THE COURT .AJ tI.(NI 10A1 Dean M. Maus Jamie L. Anderson Referee of District Court Judge of District Court Court File No. 27-PA-PR-16-156 Page 2 of 2 Elaine Toni Pagonis Obituary I Star Tribune Page 1 of 1 Elaine Toni Pagonis Pagonis,Elaine Toni 1964-2016 51,passed away on January 13,2016 at Abbott Northwestern Hospital in Minneapolis 4= after a short but brave battle with cancer.Her cherished family and friends were at her side.Elaine was born in Duluth, Minnesota on August 24,1964.Her parents Antonios(Tony)and Niki Pagonis came from Roumeli,Greece and owned and operated the Original Coney Island in downtown Duluth for over 30 years.The family,including her sister Gina, were active members of the 12 Holy Apostles Greek Orthodox church.Elaine graduated from Duluth Cathedral(now Marshall School)in 1982.A natural athlete,Elaine excelled on the volleyball,basketball,ski and softball teams.She graduated from the University of Minnesota in Minneapolis with a B.S.in Chemical Engineering.After a brief stay at 3M she entered the business world and worked in sales and real estate.Her passion for sports continued when she joined the pre-olympic handball team in 1990 followed by playing recreational flag football,rugby and ice-hockey.Towards the end of her life she loved fund raising and attending performances with the Minnesota Orchestra.Elaine was known for her humor and generosity.She went above and beyond for her family and friends and never missed an opportunity to make them laugh.Her kind and earnest spirit will never be forgotten.Elaine will be lovingly remembered by her mother Niki,her sister and brother-in-law Gina and Louis J.Sitaras in Jupiter,FL,her nephews Tony Sitaras in Portland,ME and Peter Sitaras in Philadelphia,PA and many treasured cousins,family and friends.She is predeceased by her father Tony(1994).Memorial service will be held in Florida at a later date.If family or friends so desire,a donation can be made in Elaine's memory to the Ovarian Cancer Research Fund,14 Pennsylvania Plaza,Suite 1710,New York,New York 10122 or at ocrf.org or to a charity of their choice. Published on January 17,2016 http://www.startribune.com/obituaries/detail/118246/?fullname=elaine-toni-pagonis&print... 1/19/2016