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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 04/07/2020 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS OTTERTAIL COUNTY· MINNESOTA Government Services Center, West Battle Lake Room & Via GoToMeeting 515 West Fir Avenue, Fergus Falls, MN April 7, 2020 8 :30a.m. Call to Order The Otter Tail County Board of Commissioners convened at 8:33 a.m . Tuesday, April 7, 2020, at the Government Services Center in Fergus Falls , MN and via GoToMeeting. Commissioner Lee Rogness , Chair; was present in the room. Commissioners Betty Murphy, Vice -Chair, John Lindquist, Wayne Johnson and Doug Huebsch were present via GoToMeeting . The meeting was held via GoToMeeting due to the health pandemic and declared emergency in accordance with Minn . Stat. Sec. 13D.021 Subd. 1 (1). Approval of Agenda Chair Rogness called for approval of the Board Agenda . Motion by Huebsch, second by Murphy to approve the Board of Commissioners' agenda of April 7, 2020 with the addition of COVID -19 Benefits for Veterans to the regular agenda and Grant County Recycling to the Public Works Committee Meeting. After discussion, the motion to approve the agenda as amended passed on a roll call vote as follows: BOARD OF COMMISSIONERS YEA NAY ABSENT ABSTAIN Doug Huebsch X Wayne Johnson X John Lindquist X Betty Murphy X Leland Rogness X Consent Agenda Motion by Johnson, second by Lindquist to approve the Consent Agenda items as follows: 1. March 20, 2020 Board of Commissioners' Emergency Meeting Minutes 2. March 24 , 2020 Board of Commissioners' Meeting Minutes as Amended 3. March 27, 2020 Board of Commissioners' Emergency Meeting Minutes 4. March 31 , 2020 Board of Commissioners' Special Meeting Minutes 5. Warrants/Bills for April 7, 2020 6. On -Sale Seasonal Liquor and Sunday Liquor License for Elks Point Bar and Grill, dba Elks Point Bar and Grill. 7. On-Sale Seasonal Liquor and Sunday Liquor License for Zorbaz of Pelican Lake, Inc. dba Zorbaz Ill 8. Waste Delivery Agreement with Denzel 's Region Waste, Dalton, MN After discussion, the motion to approve the consent agenda passed on a roll call vote as follows: BOARD OF COMMISSIONERS YEA NAY ABSENT ABSTAIN Doug Huebsch X Wayne Johnson X John Lindquist X Betty Murphy X Leland Rogness X Page 1 of? Board of Commissioners' Meeting Minutes April 7, 2020 U.S. Fish & Wildlife Service (USFWS) Easements USFWS Realty Specialist Blair Mace appeared before the Board and requested certification of three wetland easements and four habitat easements. Documentation was previously submitted regarding the request. Motion by Huebsch, second by Murphy to approve certification for the USFWS to secure the below wetland and habitat easements. After discussion, the motion to approve the below easements passed on a roll call vote as follows: BOARD OF COMMISSIONERS YEA NAY ABSENT ABSTAIN Doug Huebsch X Wayne Johnson X John Lindquist X Betty Murphy X Leland Rogness X Barak Biorge & Katie Letourneau-Biorge -Habitat Easement T.131 N., R. 38 W., 5th P.M. Section 20, Part of the SE¼ to be determined by a survey. Dloughy Properties LLC -Wetland Easement See Exhibit B Wesley Evavold & Jed Evavold -Habitat Easement T. 131 N., R. 40 W., 5th P.M. Section 23, Part of the S ½NE¼ to be determined by a survey. Lakeside Ranch LLC -Wetland Easement See Exhibit C Vincent Mickelson & Karla Mickelson -Wetland Easement T. 131 N., R. 41 W., 5th P.M. Section 31, SE¼ SW¼ Jerome & Christine Reger -Habitat Easement T. 131 N., R. 39 W., 5th P.M. Section 15, Part of the S ½ of the NE¼, the East one rod of the NW¼ of the NE 1 /4. To be determined by a survey. Horst & Jeanne Truestedt-Habitat Easement T. 136 N., R. 43 W., 5th P.M. Section 19, Part of Government Lots 4,5,7 and 8, to be determined by a survey. RESOLUTION OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Otter Tail County Resolution No. 2020 -35 BE IT RESOLVED, by the Otter Tail County Board of Commissioners that it hereby designates Chris Leclair, Director of Land and Resource Management, as Project Representative for the implementation of the Otter Tail County SSTS Loan Program project. The Project Representative shall have the authority to represent Otter Tail County in all Project matters that do not specifically require action by the Board . BE IT FURTHER RESOLVED, by the Otter Tail County Board of Commissioners that, as Project Sponsor and a Loan Sponsor, the District enters into the attached Minnesota Clean Water Partnership Project Loan Agreement along with the Minnesota Pollution Control Agency to conduct the Otter Tail County SSTS Loan Program project. BE IT FURTHER RESOLVED, by the Otter Tail County Board of Commissioners that the Director of Land and Resource Management, Chris Leclair, be authorized to execute the attached Minnesota Clean Water Partnership Project Loan Agreement for the above referenced Project on behalf of Otter Tail County as Project Sponsor and Loan Sponsor. BE IT FURTHER RESOLVED, by the Otter Tail County Board of Commissioners that Chris LeClair, Director of Land and Resource Management be authorized to execute loan disbursement requests for the above referenced project to the Minnesota Pollution Control Agency on behalf of the Organization. Page 2 of 7 Board of Commissioners' Meeting Minutes April 7, 2020 Motion by Lindquist, second by Murphy to approve the foregoing resolution. After discussion, the motion passed on a roll call vote as follows: BOARD OF COMMISSIONERS Doug Huebsch Wayne Johnson John Lindquist Betty Murphy Leland Rogness Adopted this 7th day of April 2020. YEA X X X X NAY ABSENT ABSTAIN X OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated : ________________ _ By: _________________ _ Leland R. Rogness, Board of Commissioners Chair Attest: ________________ _ Nicole Hansen, Clerk Land and Resource 60 Day Rule Extension Motion by Lindquist, second by Murphy to extend the deadline for response up to 120 days for applications related to zoning, septic systems, watershed district review, soil and water conservation district review, or the expansion of the metropolitan urban service area, for a permit, license, or other governmental approval of an action. The provision is authorized under Minn. Stat. 15.99 Subd. 3(f) due to the public health emergency regarding COVID-19 and is set to expire once the declaration has been lifted or by December 31, 2020. After discussion, the motion to extend the deadline for response passed on a roll call vote as follows: BOARD OF COMMISSIONERS YEA NAY ABSENT ABSTAIN Doug Huebsch X Wayne Johnson X John Lindquist X Betty Murphy X Leland Rogness X Bois de Sioux Watershed District Board Member Appointment County Attorney Michelle Eldien informed that the Board the term for Bois de Sioux Wastershed District Board member Ben Brutlag is set to expire June 30, 2020. Pursuant to Minn. Stat. 103D.311, the Board must appoint a successor at least 30 days before the term of office of any manager expires and provide public notice at least 15 days before an appointment or reappointment is made. Mr. Brutlag provided documentation expressing his interest to continue to serve on the Bois de Sioux Watershd District Board and the Board of Commissioners will appoint on May 19, 2020. Amended Plat -"BC Storage Condos" /CIC #77 Motion by Johnson, second by Lindquist to approve the amended plat known as "BC Storage Condos" Common Interest Community #77 located in section 24 of Candor Township. After discussion, the motion to approve the amended plat passed on a roll call vote as follows: BOARD OF COMMISSIONERS YEA NAY ABSENT ABSTAIN Doug Huebsch X Wayne Johnson X John Lindquist X Betty Murphy X Leland Rogness X Page 3 of7 Board of Commissioners' Meeting Minutes April 7, 2020 Single and Two-Family Tax Rebate Program Amendment Motion by Murphy, second by Huebsch to approve the amendment to the Single and Two-Family Tax Rebate Program allowing for construction to begin prior to formal board approval of the tax rebate for applicants. Those interested in participating in the program are required to submit their application prior to the start of construction for administrative review to ensure there are no conditions within the program guidelines that may exclude them from eligibility. The provision is set to expire once the declaration has been lifted or by December 31 , 2020. After discussion , the motion to approve the amendment passed on a roll call vote as follows: BOARD OF COMMISSIONERS YEA NAY ABSENT ABSTAIN Doug Huebsch X Wayne Johnson X John Lindquist X Betty Murphy X Leland Rogness X Resources for Businesses Deputy Administrator Nick Leonard provided a brief update to the Board regarding resources and programs available to business owners impacted by the public health emergency. He reviewed the various federal and state programs and expressed concern regarding the hospitality industry and impacts of businesses that rely on seasonal visitors. Mr. Leonard shared data regarding the economic impact of seasonal visitors and the amount of taxes collected in 2017 from the hospitality industry. Governor's Fishing Opener Deputy Administrator Nick Leonard reported the 2020 Minnesota Governor's Fishing Opener in Otter Tail County has been postponed until 2021 . Despite the postponement, the 2020 fishing season will still open on May 9, 2020. Broadband Community Program Deputy Administrator Nick Leonard reported that the county continues to participate in the Broadband Community Program virtually and plan to assess the current conditions of broadband and internet. Emergency Grants for Minnesota Veterans Veterans Service Officer James Olson informed the Board that the Governor approved $6 .2 million to provide $1,000 emergency grants to Minnesota Veterans or surviving spouses, as define by Minn. Stat. 197.447, financially affected by COVID-19 . Veterans are encouraged to contact Mr. Olson for eligibility requirements and assistance with the grant application process. Highway Projects Contracts Hot Mix Bituminous Materials: Motion by Huebsch, second by Johnson to authorized appropriate County Officials signatures to execute the contract between Otter Tail County and Ferguson Asphalt Paving Inc., Alexandria, MN for seasonal hot mix bituminous. After discussion, the motion passed on a roll call vote as follows: BOARD OF COMMISSIONERS Doug Huebsch Wayne Johnson John Lindquist Betty Murphy Leland Rogness YEA X X X X Quote Award -Highway Right of Way Brush Control: NAY ABSENT ABSTAIN X Motion by Johnson, second by Lindquist to award the Otter Tail County Highway Right of Way Brush Control to Carr's Tree Service Inc., Ottertail, MN in the amount of $28,495 .00 as recommended by the County Engineer. After discussion, the motion passed on a roll call vote as follows: Page 4 of 7 Board of Commissioners' Meeting Minutes April 7, 2020 BOARD OF COMMISSIONERS Doug Huebsch Wayne Johnson John Lindquist Betty Murphy Leland Rogness YEA X X X X X Quote Award -Highway Right of Way Weed Control -East: NAY ABSENT ABSTAIN Motion by Johnson , second by Lindquist to award the Otter Tail County Highway Right of Way Weed Control -East to Carr's Tree Service Inc., Ottertail, MN in the amount of $19 ,990 .00 as recommended by the County Engineer. After discussion, the motion passed on a roll call vote as follows: BOARD OF COMMISSIONERS YEA NAY ABSENT ABSTAIN Doug Huebsch X Wayne Johnson X John Lindquist X Betty Murphy X Leland Rogness X Quote Award -Highway Right of Way Weed Control -West: Motion by Johnson, second by Lindquist to award the Otter Tail County Highway Right of Way Weed Control -West to L&M Road Services, LLC, Ulen , MN in the amount of $26,400.00 as recommended by the County Engineer. After discussion, the motion passed on a roll call vote as follows: BOARD OF COMMISSIONERS Doug Huebsch Wayne Johnson John Lindquist Betty Murphy Leland Rogness YEA X X X X X NAY 2024 Federal Aid Grants ABSENT ABSTAIN County Engineer Charles Grotte provided information to the Board regarding three (3) federal aid grants that will be available to the county in 2024 for the following projects: Centerline Rumble Strip Project, awarded $369 ,000.00 , Trunk Highway 108 Sidewalk and Trail Improvements Project for the City of Henning , awarded $150 ,000.00 and Trunk Highway 59 and 108 Complete Streets Improvements Project for Pelican Rapids, awarded $550 ,000 .00. Liquor Licenses County Auditor-Treasurer Wayne Stein encourages businesses to continue to apply for liquor licenses with the county during the public health emergency to avoid further delay from the state once able to resume business. Mr. Stein plans to address the financial component while continuing the application process. Approval of Payment Motion by Lindquist, second by Murphy to approve payment to Sandford Health Fargo Service Area in the amount of $2,181.30, for services provided under the provisions of Minnesota Statute 609.35 . After discussion, the motion passed on a roll call vote as follows: BOARD OF COMMISSIONERS Doug Huebsch Wayne Johnson John Lindquist Betty Murphy Leland Rogness YEA X X X X X NAY ABSENT ABSTAIN Page 5 of7 Property Taxes Board of Commissioners' Meeting Minutes April 7, 2020 The Board discussed in the deadline for property taxes and requested the County Auditor-Treasurer to delay any changes until addressed by the state to provide consistency throughout the counties. Score Grant Agreement 2020 -2021 Motion by Murphy, second by Huebsch to authorize appropriate County Officials signatures to execute the Score Grant Agreement between Otter Tail County and the Minnesota Pollution Control Agency. The agreement allows the county to operate its recycling program and is effective once all required signatures have been obtained by the state. After discussion, the motion passed on a roll call vote as follows: BOARD OF COMMISSIONERS Doug Huebsch Wayne Johnson John Lindquist Betty Murphy Leland Rogness YEA X X X X X NAY COVID-19 Public Health Updates ABSENT ABSTAIN Public Health Director Jody Lien recognized Public Health Week to the Board and expressed appreciation to all Public Health staff. She reported that Minnesota has 986 lab confirmed cases , of which 470 no longer require isolation, and 30 deaths. Otter Tail County has two (2) lab confirmed cases, of which one (1) no longer requires isolation and is reminded that the virus is community spread and not all cases of COVID-19 are tested. Increased data and categories have been added to the Minnesota Department of Health website and a public dashboard has been launched by the Governor as an additional resource for information. The Centers for Disease Control (CDC) is recommending the public wear alternative or homemade masks when going out into the community to reduce the spread of the virus. Public Health Nurse Ann Gibbs provided an overview of the different mask types and when they should be worn. The Public Health Department Operations Center continues to meet and is working closely with the Countywide Emergency Operations Center. Countywide Emergency Operations Center (EOC) Emergency Management Director Patrick Waletzko provided a brief update to the Board regarding alternative care sites for health care workers and reported that the proposed site was not selected . The EOC plans to identify next steps for an alternate site as well as a location to serve as temporary housing for those who do not have their own resources for isolation . Results from a local impact survey are being evaluated to identifying challenges and provide additional resource information to the public. The EOC continues to receive information regarding disaster aid and plans to communicate with eligible organizations and spread awareness through a press release. There is no application deadline at this time. Public Health Week Motion by Rogness, second by Johnson to recognize Otter Tail County public health workers and their dedication, participation and daily efforts throughout the year and during the public health emergency. The Board requested the Public Information Officer prepares a press release to recognize Public Health Week and the department's employees. After discussion, the motion to recognize and appreciate public health workers passed on a roll call vote as follows: BOARD OF COMMISSIONERS YEA NAY ABSENT ABSTAIN Doug Huebsch X Wayne Johnson X John Lindquist X Betty Murphy X Leland Rogness X Page 6 of 7 Board of Commissioners' Meeting Minutes April 7, 2020 Internal Services County Administrator Nicole Hansen reported that all supervisors and payroll have received training to implement policy changes that have been made to support employees during the public health emergency. Department heads have been requested to provide weekly reports to Ms. Hansen regarding continued services and impacted staff. Adjournment At 10 :39 a.m., Chair Rogness declared the Otter Tail County Board of Commissioners meeting adjourned for a closed session regarding attorney client privileges concerning settlement on an appeal. The closed session is authorized under Minn. Stat. 13D.05, Subd . 3(b). Present in the room were Commissioners; Lee Rogness, Chair; County Administrator Nicole Hansen and Board Secretary Tara Bakken. Present via GoToMeeting were Commissioners; Betty Murphy, Vice Chair; Wayne Johnson, Doug Huebsch, John Lindquist, Public Works Director Rick West and Ditch Inspector Kevin Fellbaum. The next regular Board meeting is scheduled at 8:30 a.m. on Tuesday, April 14, 2020, via GoToMeeting . OTTER TAIL COUNTY BOARD OF COMMISSIONERS By:. _________________ _ Leland R. Rogness, Board of Commissioners Chair Page 7 of 7 Dated : ______________ _ Attest: _______________ _ Nicole Hansen, Clerk V en do r N arine A LB · A LP BEGK LUN[ll O IL I -0 S LT IN · BE . . · M ITIBD ATE B P IN:C B BOUN[ll liRiE E IM IE[lllCA LL C BRAS ELJi :YAN E l G GAL ILS LL C GI • · . BIJ. I . ES S SO L ON . [N G O 1, 'A liHERS EX.TERiM I NA Gr [.N GR.A l · GE ·. I N: · Page 1 of4 Board of Commissioners' Meeting Minutes April 7, 2020 (Exhibit A) Board of Commissioners' Meeting Minutes April 7, 2020 (Exhibit A) Ve n dor Na me G J H: l<A RV 0NB N FUNE RAJ 0ME KO O0P ··. CE Page 2 of4 1 9 3 .□[2. -3 .77 63,. 26.991 2.111 .OD 74.93 _OD · -.OD 133.2 - OD 26 .OD 3,0D t.2 :- REA' 'Vt RilLEY s ' 10 SU RER E V IC ES G • • LA BO I G FA LL S LE · KE C G .0 E S.S I .. -IG, IN:•- E , LL · EMBNT Page 3 of4 Board of Commissioners' Meeting Minutes April 7, 2020 (Exhibit A) Ar mou rn 1 7 ·_g ~ 10.□D TIU. D 001._.· -7 Board of Commissioners ' Meeting Minutes April 7, 2020 (Exhibit A) V en do r N arn e . . LEV.ATC E V . . I V - V 0 V V · .. E. • • R IN C .l EJNT ' IMfl.HJ cll W . R Z IE G RV IOE Fin al] To. 11: Page 4 of4 36 .60 .·.J .0O • '·1.661 283.6.- ,n .-o 39'6Ji22.8:3, EXHIBIT “B” T 133 N., R 42 W., 5th PM Board of Commissioners' Meeting Minutes April 7, 2020 (Exhibit B) Lot Five (5) and the West Half of the Northwest Quarter (W 1 /2 NW 1 /4), and the North 25 acres of the Southeast Quarter of the Northwest Quarter (SE 1/4 NW 1/4), except Fish Lake, Section Twelve (12), Township One Hundred Thirty-three (133), Range Forty-two (42), Otter Tail County, Minnesota ; and the Northwest Quarter of the Southeast Quarter (NW 1 /4 SE 1/4) and Su blots A and B of the South Halfof the Northeast Quarter (S 1/2 NE 1/4) of Section Eleven (11), Township One Hundred Thirty-three (133), Range Forty-two (42), Otter Tail County, Minnesota, EXCEPT THE FOLLOWING TRACTS : Tract 1 All that part of the Southwest Quarter of the Northwest Quarter (SW 1/4 NW 1/4), Section Twelve (12), Township One Hundred Thirty-three (133), Range Forty-two (42), Otter Tail County, Minnesota, described as follows: Beginning at a point located 910 feet West and thence 120 feet South 66 degrees 15 minutes West, from the northeast corner of said Southwest Quarter of the Northwest Quarter (SW 1 /4 NW 1 /4); thence beginning and running as follows: South 23 degrees 45 minutes East 150 feet; thence South 66 degrees 15 minutes West 145 feet; thence North 23 degrees 45 minutes West 150 feet to the high water shoreline of Fish Lake; thence North 66 degrees 15 minutes East along said shoreline 145 feet to the point of beginning, and containing one half acre more or less, and together with all riparian rights along said shoreline and the waters edge of said lake, and also the perpetual right of way and easement for the purpose of ingress and egress using forever the private roadway near the Southeast corner of the Southeast Quarter (SE 1/4) of Section 11, Township 113, Range 43, and running in a northerly direction across the Southeast Quarter of the Southeast Quarter (SE 1 /4 SE 1 /4) of Section Eleven 11, Township 133, Range 42, and across the West Half of the West Half (W 1 /2 W 1 /2) of Section 12, Township 133, Range 42. Tract 2 Also all that part of the West Half of the Northwest Quarter (W 1 /2 NW 1 /4), Section Twelve (12), Township One Hundred Thirty-three (133), Range Forty-two (42), Otter Tail County, Minnesota, described as follows: Beginning at a point located on the North line of the Southwest Quarter of the Northwest Quarter (SW 1 /4 NW 1 /4) and 910 feet West of the Northeast corner of said Southwest Quarter of the Northwest Quarter (SW 1/4 NW 1/4), said described point of beginning being also designated by an iron rod one inch in diameter set in the ground as a monument; thence from said designated point of beginning and running South 66 degrees 15 minutes West a distance of 120 feet along the highest assumed shore line of Fish Lake; thence running South 23 degrees 45 minutes East a distance of 150 feet; thence running North 66 degrees 15 minutes East a distance of 290.4 feet; thence North 23 degrees 45 minutes West a distance of 150 feet to a point on the highest assumed shore line of Fish Lake ; thence running South 66 degrees 15 minutes West a distance of 170.4 feet to the point of beginning and containing one acre more or less, together with all riparian rights along said described shoreline and the waters edge of said Fish Lake, and also the perpetual right of way and easement for the purpose of ingress and egress between the public road and the above described tract over and upon a private roadway beginning at the public road near the Southeast corner of the Southeast Quarter (SE 1 /4) of Section 11, Township 133, Range 42, and running in a northerly direction across the Southeast Quarter of the Southeast Quarter (SE 1 /4 SE 1 /4) of Section 11, Township 133, Range 42, and the West Half of the West Half (W 1/2 W 1/2) of Section 12, Township 133, Range 42 . Tract 3 That part of Sublots "A" and "B" and of the South Halfof the Northeast Quarter (S 1/2 NE 1/4) of Section Eleven (11), Township One Hundred Thirty-three (133), Range Forty-two (42), Otter Tail County, Minnesota, described as follows : Commencing at the Southwest corner of said Sublot "A" (for descriptive purposes only the South line of said Lot" A" has an assumed bearing of East); thence North 49 degrees 32 minutes 40 seconds East 227 .82 feet to point of beginning ; thence South 63 degrees 58 minutes 40 seconds West 62.45 feet; thence North 42 degrees 06 minutes 50 seconds West 266 feet more or less to the shoreline of Fish Lake; thence Northeasterly on said shoreline to the intersection with a line projected at North 42 degrees 06 minutes 50 seconds West from point of beginning; thence South 42 degrees 06 minutes 50 seconds East 274 feet more or less to point of beginning. Together with a perpetual right of way and easement for the purpose of ingress and egress between the public road and the above described tract over and upon a private roadway beginning at the public road near the Southeast corner of the Southeast Quarter (SE 1/4) of Section Eleven (11), Township One Hundred Thirty-three (133), Range Forty-two (42), and running in a northerly direction across the East one-half of the Southeast Quarter (E 1 /2 SE 1 /4) of Section Eleven (11) Township One Hundred Thirty-three (133), Range Forty-two (42), to the above described tract. Tract 4 All that part of the Northwest Quarter of the Northwest Quarter (NW 1 /4 NW 1 /4) of Section Twelve (12), Township One Hundred Thirty-Three (133) North, Range Forty-Two ( 42) West, Otter Tail County, Minnesota, being described as follows: Beginning at a point located on the south line of the Northwest Quarter of the Northwest Quarter (NW 1 /4 NW 1 /4) and 910 feet west of the southeast corner of the said Northwest Quarter of the Northwest Quarter (NW 1 /4 NW 1 /4), said described point of beginning being also designated by an iron rod one inch in diameter set in the ground as a monument, thence from said designated point of beginning and running North Sixty Six (66) degrees Fifteen (15) minutes East a distance of 170.4 feet along the highest assumed shore line of Fish Lake, thence running South Twenty Three (23) degrees Page 1 of 2 Board of Commissioners' Meeting Minutes April 7, 2020 (Exhibit B) Forty Five ( 45) minutes East a distance of 75.1 feet, thence running West 185.1 feet to the point of beginning and containing 0.1468 acre more or less, together with all riparian rights along said shore line and waters edge of said Fish Lake. Tract 5 All that part of Su blot "A" and "B" of the Northeast Quarter of Section 11, Township 133 North, Range 42 West of the 5th Principal Meridian, Otter Tail County, Minnesota, described as follows: Commencing at the southwest corner of said Su blot" A", the South line of said Su blot" A" has an assumed bearing of East ; thence North 49 degrees 32 minutes 40 seconds East a distance of 227.82 feet; thence South 63 degrees 58 minutes 40 seconds West a distance of 62.45 feet to the point of beginning ; thence continue South 63 degrees 58 minutes 40 seconds West a distance of 37.55 feet; thence North 36 degrees 49 minutes 39 seconds West a distance of 123 feet more or less to the shoreline of Fish Lake ; thence northeasterly along said shoreline to the intersection of a line which bears North 42 degrees 06 minutes 50 seconds West from the point of beginning; thence South 42 degrees 06 minutes 50 seconds East a distance of 130 feet more or less to the point of beginning. (Abstract Property) Page 2 of 2 EXHIBIT "C" T. 132 N .• R. 38 W .• 5th P.M. Board of Commissioners' Meeting Minutes April 7, 2020 (Exhibit C) Section 34, The E½ of the SE¼, Section 35, The NW¼ of the SW¼, EXCEPTING THEREFROM THE FOLLOWING: That part of the NW1 /4 of the SW1 /4, described as follows: Beginning at the west quarter corner of said Section 35; thence South 00 degrees 17 minutes 10 seconds West, assumed bearing, along the west line of said NW1 /4 of the SW1 /4, 402.10 feet;thence North 69 degrees 18 minutes 09 seconds East 107.48 feet;thence northeasterly, along a tangential curve concave to the southeast, radius 596.27 feet, central angle 08 degrees 07 minutes 17 seconds, 84.52 feet; thence North 77 degrees 25 minutes 26 seconds East, along tangent, 99 .05 feet; thence Northeasterly, along a tangential curve concave to the Northwest, radius 464 .84 feet, central angle 14 degrees 58 minutes 46 seconds, 121.53 feet; thence North 62 degrees 26 minutes 40 seconds East, along tangent, 98.54 feet; thence northeasterly, along a tangential curve concave to the southeast, radius 300.92 feet, central angle 09 degrees 19 minutes 45 seconds, 49.00 feet; thence North 71 degrees 46 minutes 25 seconds East, along tangent, 60.15 feet; thence 79 degrees 04 minutes 28 seconds East 138.98 feet; thence North 81 degrees 52 minutes 22 seconds East 268.11 feet; thence easterly, along a tangential curve concave to the south, radius 1161.20 feet, central angle 05 degrees 49 minutes 17 seconds, 117.98 feet; thence North 87 degrees 41 minutes 39 seconds East, along tangent, 212.80 feet to the east line of said NWl/4 of the SWl/4; thence North 00 degrees 20 minutes 51 seconds East, along said east line, 106.97 feet to the North line of said NWl/4 of the SWl/4; thence North 89 degrees 52 minutes 31 seconds West, along said north line, 1312.11 feet to the point of beginning. The tract contains 6.36 acres more or less . AND The NE¼ of the SW¼ EXCEPT the tract described as follows: Part of the NE¼ of the SW¼, of Section 35, Township 132, Range 38, described as follows: Beginning at the Northeast corner of said NE¼ of SW¼, of Section 35, Township 132, Range 38, thence South 86 degrees 12 minutes 12 seconds West 509.93 feet; thence South 03 degrees 16 minutes 55 seconds East 1,286.15 feet to the South line of said NE¼ of SW¼; thence North 89 degrees 53 minutes 29 seconds East 444.10 feet more or less to the Southeast corner thereof; thence Northerly 1,317.00 feet along East line of said NE¼ of SW¼ to the point of beginning. EXCEPT mineral rights heretofore reserved. Page 1 of 1