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HomeMy WebLinkAbout2009-00431 - escrow fee " � CITY OF ORONO PERMIT NO.: 2009-00431 2750 KELLEY PARKWAY ORONO, MN 55356- DATE ISSVEn: 07/22/2009 952 249-4600 FAX: 952 249-4616 ADDRESS : 3205 CRYSTAL BAY RD PIN : 17-117-23-41-0011 LEGAL DESC : TOWNSITE OF LANGDON PARK : LOT 001 BLOCK 002 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: THIS ESCROW PAYMENT IS ASSOCIATED WITH VARIANCE APPLICATION#09-3422. APPLICANT ESCROW FEE-APPLICANT 2,500.00 ANDERSON, RICHARD 3205 CRYSTAL BAY RD TOTAL 2,500.00 WAYZATA, MN 55391 OWNER ANDERSON, RICHARD 3205 CRYSTAL BAY RD WAYZATA, MN 55391 AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be perYormed according to the approved plans and specifications,applicable City approvals,and the State Building Code. This permit is for onty the work described and does not grant permission for additional or related work which requires sepazate permits. All provisions of laws and ordinances governing this type of work shall be compied with whether or not specitied 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 l 80 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 Qy Signature Date SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. * �, LAND USE APPLICATION ESCROW AGREEMENT Application # ��_ - .�J �ZZ AGREEMENT made this �� day of `�. l,L j�. , 20� by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and k'�(�}i z, �� L-.� �L Ar't� �'� �'1 [a corporation —optional] ("Owner"). Recitals 1. Owner has filed Zoning Application #� - � ZZ- formally requesting the City to review plans for �ci;;` ���;������.ti, located at ��r:.'� C.wi`�--ra-� �'->,� c:�a#�� the "Subject Property") as more fully shown and described on Exhibit"A" attached hereto. 2. Owner requests the City to review said plans which requires City approval including �4 t���t�v�t�� 3. The City is wiiling to 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 Owner shall deposit $ � S�C7 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 wiil incur in meeting with the Owner, y�vi win the plans, and preparing agenda packet material for City Council review of application #�� - Z-�. Eligible expenses shall be consistent with expenses the Owner would be responsible for under a zoning and subdivision application. 3. MONTHLY BILLING. As the City receives consultant bilis for incurred costs, the City will in turn send a biil to the Owner. Owner shall be responsible for payment to the City within 30 days of the Owner's receipt of biil. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owner does not make payment to the City within the timeframe outlined in #3 above, the City may draw from the escrow account without further approval of the Owner to reimburse the City for eligible expenses the City has incurred. The City shall notify the Owner of such draw and the nature of the expense for which the reimbursement is being made. If the Escrow amount falls below 75% of the original escrow amount the Owner shall deposit additional sums as directed by the City, or the City shall discontinue all review. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shali be returned to the Owner when the review has been completed. 6. C�RTIFY UNPAID CHARGES. If the project is abandoned by Owner, 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 IVlinn. Stat. §§ 415.01 and 366.012. CITY: CILIt(O,_E-�RONO OWNER: \ '� t. ,-;,_"�.4 S`l�'r 'i:a J'-_ 1 . By: ,� ----__. gy�`��.�_'� v�'� Its: Its: EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCR1PTlON O�\PREMISES SURVEYED: That part af Lot 1, 81ock 2, Townsite of Langdon Paric including portion of Northem Avenue now vacated, described as foilows: Commencing at the point of intersection of the No�therty line of the right-of-way of the Great iVorihem Railway Company with the Southerly extension of the dividing line between Lots 1`and 2 in said 81ock 2, Tawnsite of Langdon Par1c; ihence Northwesteriy along the di�iding line beiween said Lots 1 and 2 and same extended, a distance ofi 213.14 feet; thence Northeasterly deflecting right at an angle of 82 degrees 55 minutes from last described course a distance ofi 240 feet; thence cvntinuing Northeasteriy deflecting right at an angle of 12 degrees 12 mi�utes from last-described course a distanc�of 6a feet to the actual point of beginning of the tract of land to be described; thenc� confinuing from said actual point of beginning Northeasterly on the extension of said last-described line a distanc� of 44.5 feet to concrete monument meande�comer, thence continuing Northeasterly a distance of 36 feet to a point in ihe centerfine of glatted stree#now vacated which abuts upon the Easteriy line of said Lot 1 and which point is 281.35 teet No�th of the intersection of the centertine of said vacated street with the Northerly fine ofi the right-of-way of the Great Northem Raiiway Company; thence Southe�iy along the centerline of said vacated street to a point in the Northeriy line of said right- of-way which is 210.8 feet distant. from the initial point of commencement measured along the No�theriy line of said right-of-way; thence Southwesterly along the Northerly IineQf said right of- way a distancs of35.8 feet; thence Ncrtheriy a distance of 268.6 feet to the actua! point of beginning of the tract of land described; excepting, however the easterly 7.5 feet#hereof; also inciuding a!t that part of said Lot 1 lying between the Northwesterly and Northerly lines of the premises hereinbefore described and the sho�e of Lake Minnetonka, and between the No�theriy extension of the Easterly and Southwesterly side lines of the premises hereinbefore first described, together with all riparian rights, accretions and relictions appur#enant thereto, according to the plat thereof on fiie and of record in the office of the Register of Deeds in and for said county, ` That part of Lot 1, Block 2, Townsite of Langdon Park incfuding portion of Northem Avenue, now vacated, described as follows: Commencing at the point of intersection of the No�therly line of the right-of-way ofi the Great Northem Raiiway Company with the Southeriy extension of the dividing line between Lats 1 and 2 in said Block 2, Tawnsite of Langdon Park;thence Northwesteriy along the dividing line between Lots 1 and 2 and the same extended, a distance of 213.14 feet;thenc� Northeasteriy deflecting right at an angle of 82 degrees 5� minutes from last described caurse a distance of 240 feet to the actual poin#of beginning of the tract of iand to be described; thence Northeasterly deflecting right at an angle of 12 degrees 12 minutes from last described course a distance of 60 feet;thence Southeasterly a distance of 268.6 feet to a point in the No�therly line of said right-of-way of the Great Northem Railway Company,which point is 175 feet Northeasterly measured along the Northerly line of said railway right-of-way from the initial point of commencement; thence Southweste�iy along said Northerly right-of-way line 35 feet; thence Northwesterly in a straight line 263.2 feet to the actua! point ofi beginning; aiso including ail that part of Lot 1 in said B1ock 2lying between the Northwesterly line of the premises hereinabove described and the sho�e of Lake Minnetonka, and befinreen the Northerly extension of the Northeasterfy and Southweste�iy side lines of the premises hereinabove first described, Together with all riparian rights, accretions and reliciions appurtenant to the above-described tract ofi land; That pa�t of Tract C lying Southwesteriy of a line drawn from a point in the Weste�iy fine of said Tract C, 44 feet North of the Southerly corner of Tract C, to a point in the Southeasterly line of said Tract C, 42 feet Northeasterly of the Southerly corner of Tract C, Registered Land Survey on. d29, Fites,Qf Registrar of Titles, County of Hennepin. This survey shows the boundaries of the above described property, and the location ofi all existing buildings and all other visible"hardcover'thereon, It does not purport to show any other improvements or encroachments. : Iron marker : Existing spot elevation, mean,sea level datum �earings shown are based upon an assumed datum (947.3)