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Home My WebLink About2010-00230 - escrow fee CITY OF ORONO PERMIT NO.: 2010-00230 2750 KELLEY PARKWAY ORONO,MN 55356- DATE ISSUED: 04/14/2010 (952)249-4600 FAX: (952) 249-4616 ADDRESS : 825 OLD CRYSTAL BAY RD S PIN : 09-117-23-21-0001 LEGAL DESC : UNPLATTED 09 117 23 : LOT 000 BLOCK 000 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: ESCROW FEE FOR ZONING APPLICATION#I0-3458 APPLICANT ESCROW FEE-APPLICANT 10,000.00 DAYTON,JUDSON&ELIZABETH TOTAL 10,000.00 121 S 8TH STREET#860 MINNEAPOLIS,MN 55402- OWNER DAYTON,JUDSON&ELIZABETH 121 S 8TH STREET#860 MINNEAPOLIS,MN 55402- 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. LAND USE APPLICATION ESCROW AGREEMENT Application#10-3458 AGREEMENT made this i 501 day of April, 2010, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City")and Judson Dayton ("Owner"). Recitals 1. Owner has filed Zoning Application#10-3458 formally requesting the City to review plans for a preliminary plat located at 825 Old Crystal Bay Road(the"Subject Property")and legally described within"Exhibit A'attached hereto. 2. Owner requests the City to review said plans which requires City approval including engineering, legal and planning staff review. 3. The City is willing 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$10,000.00 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,or legal consultant review)or will incur in meeting with the Owner, reviewing the plans, and preparing agenda packet material for City Council review of application#10-3458. Eligible expenses shall be consistent with expenses the Owner would be responsible for under a zoning and subdivision application. 3. MONTHLY BILUNG. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owner. Owner shall be responsible for payment to the City within 30 days of the Owner's receipt of bill. 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 shall cease all reviews until the Owner pays all expenses invoiced pursuant to#3. The City may draw from the escrow account without further approval of the Owner to reimburse the City for eligibleexpenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owner when the review has been completed. 6. CERTIFY UNPAID CHARGES. 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 OF ONO OWNER: By: # , Its: ri�., e.c_04— Ju• • Dayton Internal Use°NW 13 Original to Finance,Depart Ment, . ` ;[Copy to Zoning File 4 Copy to Street File EXHIBIT"A" LEGAL DESCRIPTION That part of Lot 35, in Auditor's Subdivision No. 230, Hennepin County, Minnesota, and of Government Lot 7, in , Section 9, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point 302.81 feet South of the North line and 462.00 feet West of the East line of said Government Lot 7; thence East parallel with the North line of said Lot 7 a distance of 462.00 feet to the East line of said Lot 7; thence North along the East line of said Government Lot 7, a distance of 302.81 feet to the Northeast corner of said Lot; thence continuing North along the North and South centerline of Section 4, Township 117, Range 23, a distance of 216.7 feet to an intersection with the Easterly extension of the South line of Lot 34 in above mentioned Auditor's Subdivision No. 230, Hennepin County, Minnesota; thence Westerly along the Southerly boundary fine of said Lot 34 and extension thereof to the southwest corner of saki Lot thence Southerly along the extension of the West line of said Lot 34 to a point 1071.18 feet Southerly measured along the West lire of said Lot 34 and the extension thereof, from the Northwest corner of said Lot 34;thence Westerly deflecting 81 degrees 06 minutes to the right from the last described course, 159.66 feet;thence continuing Westerly, deflecting 2 degrees 30 minutes to the right from the last described course a distance of 124.65 feet; thence Southwesterly on a tangential curve to the left with a radius of 388.66 feet, a distance of 193.75 feet to the point of compound curve; Thence Southwesterly on a tangential curve to the left with a radius of 212.81 feet, a distance of 160.52 feet; thence Southwesterly in a straight line, tangent to said last described curve, a distance of 2.89 feet to the Southerly line of aforesaid Section 4; thence West along the South line of said Section, 285.29 feet, said last described point being the Southeast corner of Government Lot 1 in said Section 4;thence Southwesterly deflecting 35 degrees 17 minutes to the left from saki last described course, a distance of 110.3 feet; thence Southwesterly deflecting 45 degrees 28 minutes to the left from said last described course, a distance of 115.00 feet; thence Southwesterly deflecting 21 degrees 40 minutes to the right from said last described course, a distance of 174.00 feet, more or less to the shore of Maxwell's Bay, Lake Minnetonka; thence Southeasterly along the shore of said lake to its intersection with a line running Southerly parallel with the East line of above mentioned Government Lot 7 in said Section 9, from a point bearing South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from the point of beginning, said last described course being tereinafter referred to and designated as °Lime X'; thence North parallel with the East line of said Government Lot 7 to said point bearing South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from said point of beginning; thence North 12 degrees 54 minutes 40 seconds East 766.76 feet to the point of beginning said last described course being hereinafter referred to and designated as "Line r; excepting from above described premises, the following described tract, (Hereinafter sometimes referred to as the °excepted tract") to-wit Beginning at the same point of beginning as above described; thence South 82 degrees 13 minutes West 290.2 feet; thence South 35 degrees 05 minutes West, 194.4 feet, thence South 13 degrees 57 minutes West, 167.65 feet thence South 5 degrees 23 minutes West, 265.00 feet, more or less to the shore of Maxwell's Bay, Lake Minnetonka; thence Southeasterly along the shore of said lake to an intersection with said "Line X" hereinabove described; thence North along said *Line X° to its intersection with said 'Line Y" hereinabove described; thence North 12 degrees 54 minutes 40 seconds East along said°Line Y', 766.76 feet to the point of beginning: ALSO That part of Government Lot 7 in Section 9, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point being 302.81 feet South of the North line and 462.00 feet West of the East line of said Government Lot 7; thence South 82 degrees 13 minutes West, 290.2 feet; thence South 35 degrees 05 minutes West, 194.4 feet;thence South 13 degrees 57 minutes West, 167.65 feet to the actual point of beginning of the tract of land to be described; thence North 13 degrees 57 minutes East, 167.65 feet; thence North 35 degrees 05 minutes East, 194.4 feet; thence North 82 degrees 13 minutes East, 193.2 feet thence South 31 degrees 07 minutes 10 seconds West, 261.39 feet; thence South 13 degrees 25 minutes 37 seconds West, 167.65 feet; thence South 9 degrees 32 minutes 30 seconds West, 286.14 feet; thence due South to the shore of Maxwell's Bay, Lake Minnetonka; thence Westerly along said shoreline to an intersection with a line bearing South 5 degrees 23 minutes West,from the actual point of beginning;thence North 5 degrees 23 minutes East to the actual point of beginning. For the purpose of this description the East line of said Government Lot 7 is assumed to be a due North and South line.