Escrow Agreement
Status Report 11/21/08 PLAN.OR2
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Ambrosen/Senn Variance Escrow Agreement
for removal of impervious surface
3830 Maple Shores Drive
Planning Case 08-24
Receipt No 79382 I II 14/08
$4,000
Notify Angie Auseth
NOTE:
@2008 lotus Development Corp
11/21/08 at 4:33 PM S=Status P",PriorilY
Page 1
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ESCROW AGREEMENT
This Agreement is made as of Ii ;Vov , 2008 by and between Mark Ambrosen and
Ann Senn, husband and wife ("Applicants"), and the City of Chanhassen, a Minnesota municipal
corporation ("City").
RECIT ALS
A. The Applicants are the owners of real property located at 3830 Maple Shores Drive in the
City ofChanhassen (the "Property").
B. The Applicants have applied for a building permit for the construction of a building
addition (the "Building Addition") to the Property.
C. Construction of the Building Addition results In 28.5% impervious coverage, which
exceeds that which is allowed by City Code.
D. The Applicants have applied for an impervious surface coverage vanance (the
"Variance").
E. The Applicants have submitted plans (the "Plans") with the building permit that indicate
that certain impervious areas (the "Impervious Areas") on the Property will be removed in order
to comply with the City's impervious surface requirement in the event that the Variance is not
granted.
F. The estimated cost to remove the Impervious Areas and revegetate with seed and mulch
is $4,000.
AGREEMENT
NOW, THEREFORE, in consideration of the facts recited above and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. - Establishment of Escrow. The Applicants hereby escrow with the City the sum of $4,000
(the "Funds"), to be held pursuant to the terms of this Agreement. The Funds must be deposited
by the Applicants in cash.
2. Completion of Work by the Applicants. The Applicants agree to construct improvements
as shown on the Plans. The Impervious Areas must be removed and revegetated by May 31,
2009 unless the City has granted a variance. If the Applicants do not remove and revegetate the
Imprevious Area, in the event a variance has not been approved, by May 31, 2009, the City may
draw down the escrowed funds and the City and it's contractor's may enter the property and do
the work.
3. Return of Funds to the AJ212liqmts. Unless the City has drawn down the escrowed funds
as provided herein the Funds shall be returned to the Applicants, without interest, when the
Impervious Areas are removed and revegetated. In the event that the Variance is granted, the
Funds shall be returned to the Applicants.
6. . Amendment of Escrow. No rescission or modification to this escrow agreement shall be
effective without written consent of the City and the Applicants.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
PROPERTY OWNERS:
~
Mark Ambrosen
:;It:-~
STATE OF MINNESOTA )
( SS.
COUNTY OF CARVER )
" Tpe foregoing instrument was acknowledged before me this ~ day of
NbVC\fV\.Pt,y , 2008, by Mark Ambrosen and Ann Senn.
By
""" JESStCA A. MEININGER!;' Not
NOrMY JIUB.IC . t.tNNe8Or Ii, & My
My eov",.. _.... 31. "''' f
RECEIPT
CITY OF 7700 MARKET BLVD.. P.O. BOX 147
CHAND1t1t1EN CHANHASSEN, MN 55317
.Illhll.l PHONE: (952) 227-1100
RECEIVED OF "-1YI aft.. /Jfhhr o~
No. 79382
DATE II /J If! '66
I '
DESCRIPTION
FUND SOURCE OBJ. PROG.
PERM/LIC.
AMOUNT
(,
() .~O
TOTAL AMOUNT I Lj 60 () . () ()
CHECK %-- CASH 0