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HomeMy WebLinkAbout60000130113000_Variances_12-02-1993O' .icc ot County Hecoraer pj^ / ci^' bounty of Otter Tail ^ v - 1^54251 APPLICATION FOR VARIANCE FROM TTER TAIL COUNTY, MINNESOTA t! I "certify ulal the within Instrument wa* filed ecord In this office on the__2_____il*y^d_A.0.19.^«ftor r aid was duly Microfilmed as Doc. # —75425^j«-. ^ I I County Record ^ Receipt No. Application Fee $(K ^ Owner: Deputy (J a'i^\^CrlC Phone: __________________________Ski Sg?- 37.3fiGfrjut__A Last Name First Middle /^ )f3 ^ -5 lee, C____La^L‘i/i<Mn Street & No.City State Zip No. ryvn^Q aoLake No.Lake Name Lake Class / U /1/5iASec.Twp.Range Twp. Name Legal Description: _ _____ The SW^ of SE^, SE^ of SWJji and that part of the SWfj of SW^ lying north and east of Great Nortliern Right-of-way, and a tract of land 2 rods iwide lying northerly and easterly of and parallel and adjoining the right of way of Great Northern Railway in NW^ of SW^, all in Sec. 12- 131-42; AND that part of Government Lot 1 of Sec. 13-131-42 lying east of the Great Northern Railway right of way, EXCEPT Parcel Nur—....(TWO E;^EPTI0NS as DESCR.T.BED ON THE ATTACHED LEGAI. DESCRIPTIONS) VARIANCE REQUESTED IS: ''Vo LoU'iJtW<3^ (Le^cferLJU\ \vou;«i- I t111 „ 'Tlt£_ l)U ts'i \ 0 ^ I lv<!_ ljJD<S<2>^ LVYUIC re. mejtt S ^ yMrU~ In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information about surrounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING. I understand that I have applied for a variance from the requirements of the Shoreland Management Ordinance of Otter Tail County. Tl\X - T ! V D'n 19 /y yfiApplication dated . X Oo I Z 5 I99»jsignature Of Applicant ir^d & ctscunce19_Z5_./a - a.7 P.Date of hearing:Time:M MOTION AS FOLLOWS: Motion was made by Craig Anderson, seconded by Bert Olson and unanimously carried, to approve a variance of 2'8" for the construction of a machinery storage building having 14' sidewalls and a height of 20' 8" and being no closer than 175' from the ordinary high water level. It should be noted that the height variance is granted due to the agricultural use of this structure. iiIlU ...^Chairman ^ Otter Tail County Board of AdjustmentiMPermit(s) from Land & Resource Manag^ent required:YES NO a- 7- f3 mailed copy of Application to Applicant.(Date/Initial) MKL — 0483-001 258,371 — Victor Lundeen Co., Printers. Fergus Falls, Minnesota December 2rid, 1993 Page 2 Mike A. Kowalski - Denied Mike A. Kowalski, Dilworth, MN, requested a variance of 2' for the construction of a water - oriented accessory structure (gazebo) having a height of 12'. The ma.ximum height for water - oriented accessory structures is 10'. The property is described as Lot 15, Block 1, McDonald Shores. Big McDonald Lake in Edna Township. The audience was polled with no one speaking for or again.st the request. After consideration, motion was made by Craig Anderson, seconded by Cecil Femling and unanimously carried, to deny the variance as requested as no adequate hardship unique to this property had been shown. Jorraine Crabb - Withdrawn Jorraine Crabb, Sebeka, MN, requested a variance to subdivide a parcel of less than 2.5 acres from an existing 237.5 acre parcel. The parcel would be ,60^ acres. The property is described as the N1 /2 5E1 /4 and SW1 /4, except tract. Section 4 of Blowers To'wnship. The audience was polled with no one speaking for or against the request. After consideration and a discussion of the alternatives, the applicant decided to withdraw his variance request. Duane Loll - Withdrawn Duane Loll, Richville, MN, requested a variance to subdivide a parcel of less than 2.5 acres. The parcel would have approximately 70' of water frontage and approximately 26,850 square feet of area. The required lot size for platted lots on a recreational development lake is 150' of water frontage and 40,000 square feet of area. The applicant has stated that if the variance is granted he vi'ould parcel D (approximately 3 acres) to his resort. The applicant also requested that if the proposed subdivision is granted that he be allowed to continue to operate the resort under its current status, The property is described as part of Oovernment Lots 7 and 8 and parcels D and E, Section 12 of Maine Township on Pickeral Lake, A letter from James and Joyce Gorman in favor of the variance request was read for the record. The audience was polled with no one speaking for or against the request. After consideration and discussion, the applicant decided to withdraw his variance request. Don R. Plombon - Tabled Don R. Plombon, St. Cloud, MN, requested a variance of 25' from the required ordinary high water level setback of 75' for the location of a dwelling 50' from the ordinary high water level. The property is described as Lot 9, Block 2, Pleasure Park, Otter Tail Lake in Otter Tail Township, The audience was polled with no one speaking for or against the request, After consideration, motion was made by Dan Oehler, seconded by John Everts and unanimously carried, to table the variance request until the next scheduled meeting. Patricia and Andy Forma - Approved Patricia and Andy Formo, Fergus Falls, MN, requested the following variances for the construction of a 24' by 26' addition to an existing dwelling and for the construction of a 20' by 22' boat storage addition to the above addition: 1,) a variance of 65' from the required ordinary high water level setback of 100' , 2.) a variance of 1 5' from the required shore impact zone setback of 50', and 3.) a variance of 1' from the required 1 O' holding tank setback. The property is described as Lot 9, Fleming-Patterson Beach, Swan Lake in Dane Prairie Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Dan Oehler, seconded by Craig Anderson and unanimously carried, to approve a variance of 65' from the required ordinary high water level setback of 100' and a variance of 15' from the required shore impact zone setback of 50' for the construction of a 24' by 26' addition to an existing dwelling and for the construction of a 20' by 22' boat storage addition with the condition that the 24' by 26' addition continue in a parallel line to the existing structure which should place the addition no closer to the ordinary high water level than the existing structure. After additional consideration. motion was made by Craig Anderson ."seconded by Bert Olson and unanimously carried, to approve a variance of 1' from the required 1 O' • holding tank setback for the location of a 20' by 22' boat storage addition 9' from the holding tank. MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT December 2nd, 1993 The Otter Tail County Board of Adjustment met Thursday, December 2nd, 1993, with the following persons in attendance: Craig Anderson John Everts Cecil Fern ling Dan Oehler Berton Olson George Walter Tim Griep, Land and Resource Management Wal ly Senyk, County Attorney CALL TO ORDER - I he meeting was called to order at 7:00 p.m. by Chairman George Walter. MINUTES APPROVED-November 4th, 1993 -Hearing no corrections or additions the minutes of the November 4th, 1993 meeting were declared approve as mailed. a The following variance requests were heard; Kris Davick, Karla Johnson and Steven Knutson - Denied KrisDavick, Karla Johnson and Steven Knutson, Long Prairie, MN, requested a variance of approximately 7' from the required 10’ holding tank setback for the construction of a 14' by 20' three season porch 3' from an existing septic tank. The property is described as part of Government Lot 3, Section 28 of Everts Township on Silver Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was ma(ie by Craig Anderson, seconded by Cecil Fenning and unanimously carried, to deny the variance as requested as no hardship had been shown that would permit granting a variance from the 1 O' holding tank setback. Carl Roger Van Horn - Approved Carl Roger Van Horn, Lakeville, MN, requested a variance of 2' 8" for the construction of a machinery storage building having 14' sidewalls and a height of 20' 8". The maximum height permitted for a non-dwelling structure is f8'. The property is described as the SW1 /4 of SE1 /4, SE1 /4 of SWl /4, part of the SW1 /4 of SW1 /4 and part of Government Lot 1, Section 12 and 13 of Tumuli Township on Formo Lake. The audience was polled with no one speaking for or against the request. After consideration, motion 'was made by Craig Anderson, seconded by Bert Olson and unanimously carried, to approve a variance of 2'8" for the construction of a machinery storage building having 14' sidewalls and a height of 20' 8" and being no closer than 1 75' from the ordinary high water level. It should be noted that the height variance is granted due to the agricultural use of this structure. 1. ^ Sc e: '(Exception #1) 0^ That part oi the Southwest Quartet (SW^:) of Section Twelve (12) , One Mundrecl Thirty-one (L31) North, Range Forty-two (^2) West, 011 e r County. Minnesota, described as follows; Cominoncinc at the West Quarter Section corner of said Section 12; thence South (Assumed Bearing) along the West line of said Section 12 a distance oC 1326.70 feet; thence South io degrees 11 minutes 30 seconds East a distance of 20^.65 feat to the north- tcrly Right of Way line of the Burlington Northern Railroad, said point being the point of beginning; thence continuing South 89 degrees 11 minutes 30 seconds East a distance of 1393.00 feet; thence South 00 degrees ^8 minutes 30 seconds West a dtstnnca of 686,51 feet to a point hereinafter referred to as point A; thence North 89 degrees 32 minutes A8 seconds West a distance of 672.02 feet; thence westerly and southwesterly along a tangontlf’. curve concave to the Southeast a distance of 18A.47 feat, said curve having a central angle of 34 degrees 27 tnlnutes 57 spcnnHa and n radius of 300.66 feet; thence South S5 degrees 59 minutes 15 second.^ We.se tangent to the last described curve a distance of 6.37 feet to the north­ easterly Right of Way line of the'Burlington Northern Railroad thence North 35 degrees 06 minutes 08 seconds West along said Right or Way line a distance of 925.04 feet to the point of beginning, containing 18.20 acres. Otter Tail County, Minnesota. Togethfi* with a 33.00 foot F/iscmcnt for Ingro.ss fuut egieos puipor.es and acro.ss part of said Southwest Quarter (SW^i.) , the centerline of said Ea.seiiient is described as follows: Conunenclng at tho a fore-deser ihed PointA; thence South 00 degrees 40 minutes 30 eecondo West a distance of 16.50 feet CO the point of beginninR of sold centerline; thence North 89 degrees 32 mtnuCea 48 second-s West a distance of 671.92 fe.^C; thence woatorly and southwesterly along a tangential curve concave to the Southeast a distance of 174.54 feet, aaid curve having a central angle of 34 degrees 27 minuter. 57 seconds and a Radius of 290.16 feet; thcnco South 55 degrees 59 minutes 15 seconds West tangent to the last described curve a distance of 6.06 feet to the. northeasterly Right of Way lino of the Burlington Northern Railroad, and said centerline there terminating. The sidelines of said ea.semont arc to be lengthened or shortened to terminate on the southerly exten.sion of the East Line of the afore-described parcel of land and the northeasterly Right of Way line of the Burlington Northern Railroad. Purchaser of the above described exception shall have the pertual right to barricade any portion of the driveway described in the foregoing Easement during the period of time that they have a show upon the premises herein. m • ♦.• m3 ca.s over n s c r. IV s D OCT 2 5 1993 land & ^ 4 1993 ^^0 & RESOURCE B EC E t V K OCT S & uc:CC^ That part of South Half of tha Southeast Quartar and tha Southwaat Quartar of tha Southa^at aLjartar, all in Section 12, Township 131, Range 42, Otter Tall County, Mlrmaaota, daacribad as follows: (EXCEPTION #2) Comnencirvs at tha West Quarter cxarner of said Section 12; thence on an aasLinad bearing of South along the west line of said Section 12, a diatanoa of 1326.70 feet; thanoe South 89 dagraea 11 minutes 30 seconds East a distance of 204.65 feet to the northeasterly way line of the Burlington Northern Railroad; thence continuing South 89 degrees 11 nHnutes 30 seoonds East a distance of 1393.00 feet; thence South 0 degrees 48 minutes 30 seconds West a distance of 686.51 feet; thence North 89 degrees 32 minutes 48 seoonds West a dlstanoe of 672.02 feet; thence southwesterly on a tangential curve, ocxtcave to the aouthaaat, having a radius of 306.66 feet and a delta angle of 34 degr distance of 184.47 feet; thence South 55 degr'eea 59 minutes 15 seconds West a distance of 6.37 feet to said northeasterly right-of-way line of the Burlington Northern Railroad, the point of beginning of the land to be described; thence North 55 degri East a distance of 6.37 feet; thence northeaster 1 y on said tangential curve, concave to the southeast, having a radius of 306.66 feet and a delta angla of 34 degri seconds, for an arc distance of 184.47 feet; thence South 89 degr East a distance of 1165.52 feet; thence northeaster 1 y on a tangential curve, concave to the northwest, having a radius of 833.50 feet and a delta angle of 33 degri seconds, for an arc distance of 480.92 feet; thence North 57 degr 27 minutes 57 eeoonde, for an arc 59 minutes 15 seconds 27 minutes 57 32 minutes 48 seconds 03 minutes 33 23 minutea 39 seoonds East a distanca of 59.44 feet; thence North 11 degrees 00 minutes 48 seconds Weet a diatanoe of 493.66 feet; thence South 88 degr thence South 5 degrees 49 minutes 16 seoonds East a dlstanoe of 426.80 feat; thenoe South 68 degrees 18 minutes 26 seoonds West a distance of 664.78 feet; thence North 28 minutes 33 seconds West a distance of 192.84 feet; thence South 57 seconds West a distance of 51.82 feet; thenoe southwesterly on a tangantlal curve, ooncava to the northwest, having a radius of 866.50 feet and a dalta angle of 33 degr seoonds, for an arc distance of 499.96 feet; thence North 89 degr West a distanca of 1165.52 fast; thance southwasterly on a tarmmntial curve, concave to the southeast, heving a radius of 273.66 feet and a delta argle of 34 dagr seconds, for an arc distance of 164.62 feet; thence South 56 degr West a distance of 5.75 feet to said northeeaterly right-of-way Una of the Burliixrton Northern Railroad; thence North 35 degrees 06 minutes 08 seoonds West along said northeasterly r1ght-of-wey line, a distance of 33.01 feet to the point of beglmirg. Oont^inlng 10.99 acres more or lees. Reserving a 33 foot eaaarasnt for i 53 minutes 01 seconds East a diatanca of 773.26 feat; 50 23 minutaa 39 03 minutaa 33 32 minutes 48 saronds 27 minutaa 57 59 minutaa 15 eaconda and overand ^ roes said South Half of the Southweat Quarter, being a strip of li^nd 33.00 fast to tha right of tha following dascribed line: OoBRMncIng at tha Waat Quartar oomar of said Section 12; thanoa on an «MUwad bawring of South along the west line of said Section 12, a diatanca of 132:6.70 feat; thanca South 89 11 minutes 30 saoonda East a diatanca of 204.65 feat to tha.northegaterly ri^it*^- way line.of the Burlington Northern Railroad; thenoe oontlnuing South 30 eaconda East a distance of 1393.00 feat; thanca South 0 dagraaa 48 minutaa 30 a dlstanoe of 686.51 feet; thence North 89 32 minutaa 48 saoonda Maat a diatanca of 672.02 feat; thanca southwastarly on a tangential curve, oonoava to the aouthaaat, having a radius of 306.66 feet and a delta angle of 34 degr diatanca of 184.47 feat; thence South 55 degr 6.37 feat to said northeeetarly r1^t-of-way line of the Burlington Northern Railroad, the point of beginning of the line to be dseoribed; thenoe North 55 degr Cast a distance of 6.37 feet; thenoe northeeater ly on maid tengantiel curve, ooncave to the eoutheeat, heving a radius of 306.66 feet and a delta angle of 34 dagr aeoonda, for an arc distance of 184.47 feet; thenoe South 89 degr East a distance of- 1165.52 feet; thence northeasterly on e tangential curve, concave to the northwaat, having a radius of 833.50 feet end a delta migle of 33 eaconda, for an arc diatanoa of 480.92 feet; thence North 57 East a distance of 59.44 feet and there terminating. 27 minutaa 57 saoonda, for an arc 59 minutaa 15 seoonds Meet a distance of 59 mirutee 15 seoonds 27 minutes 57 32 minutaa 48 saoonda 03 minutaa 33 23 minutes 39 eeoonde . r”^ACT~Ni!«5Er''”IrtT'=~i‘ui'i 1 = ftINIrtAL EFFECT «ETLA^CHIGnLY ERQDI2LE LANDFLE TRACT NUI'BESi HEL ;:- = CGNVEFIE3 ZETLAND =M’iC, «WK. H'Jfi = CFECIAL CQNT. ?CEE CCCiNHEL = .SGN-hlGHLY ERG3ISLE ! PC = PRIGR CCNVERTE3 i'ETLANDi NC = SCN-CROFLfiND ! PHOTO N€. :;W_.;_NCN;WE>LAn:___i^ii.E.APIIlITIi-.iETLsii?__i ecu =_E:<Er*rT (COr!f*ENCED^ CONVERTED.jjlLAND______I iIco’uNTy" ..................... . y = 4ETLA/iC = FAFfED wetland ;NA = NCN-AGRICLlILrAL I INOT TO I REPRODUCED I CROP YR . .ui. '«1^1 Has' .. pi 1^rC: d I/" ' :- 'T'-'-I. >'T, -s: 'i' . V-. . r-, » --Ss.. >v < ^<'A ‘Z*.- 'r*^.ASr« * • r. ^. 'V« .' V'ur T~V •' F, rM I • . J.-I . .. t' JU\ r-j235 1!^ j f /(t'''^ -||L X'' \l ^ - ’i •H V ■s> «< aa^y*-" ‘ _____ I J__i J' fJ E C S 1 V E D "OCT 0 6 1993 UNO & RESOURCEOCT ^ V<’."* ' T ' '‘i'f.CE* U,® i-- ■■ —'' ! r T , ,T .-*■ * 4^ f^ A ■"i;; \ - '*^ ’^5;^ \a‘P\ . T ,-.L . »* « A 1^ . Scale: Each grid equals feet/inches GRID PLOT PLAN SKETCHING FORM Dated:19 Signature Please sketch your lot indicating setbacks from road right-of-way, lake and sideyard for each building currently on lot and any proposed structures. V ^ C S} V L' OCT 2 S I993 21S98 7®MKL-0871-029 VtCTO* LUMCECN CO.. ^eiNTCNt. fCKCUS FALLS. HIMW. Notice or Hearing Tor Variance Otter Tall County Fergus Falls. Minnesota 56537 Applicant must be present at the scheduled hearing. To Whom It May Concern: Carl Roger Van Horn 10838 B Jubilee Circle Lakeville, MN 55044 has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance and/or the Subdivison Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on December 2nd, 1993, at 7:00 p.m.. in the Commissioners' Room of the Otter Tail County Courthouse, Fergus Falls. MN, (Please use the west Law Enforcement entrance.) Individuals requiring special accommodations should contact the County Auditor's office prior to the date of the public hearing. The property concerned in the application is legally described as the SW1 /4 of SE1 /4. SE1 /4 of SW1 /4. part of the SW1 /4 of SW1 /4 and part of Government Lot 1. Fire^ NA Section 12/13, Township 131. Range 42 - Township Name - Tumili Lake No. 56-558, Lake Name - Formo, Class - GD The variance requested is: a variance of 2' 8" for the construction of a machinery storage building having 14' sidewalls and a height of 20'8". The maximum height permitted for a non-dwelling structure is 18', /A/A9c3. Board of^justment Secretaryvm Date OTTER TAIL COUNTY Fergus Falls, Minnesota STATE OF MINNESOTA) SS COUNTY OF OTTER TAIL) I Wayne Stein, secretary for the Board of Adjustment for Otter Tail County,15th Qf Noveuter 1993Minnesota do hereby certify that on the attached Notice of Hearing was duly served upon the following: the Carl Roger Van Horn, 10838B Jubilee Circle, Lalceville, Mn. 55044 Harland Martinson, Twp, Cleric of Tumuli, Rt. 1 Box 241, Dalton, mn. 56324 Richard West, County Engineer, Court House, Fergus Falls, Mn 56537 Mr. Terry Lejcher, DNR, 1221^ E Fir Ave, Fergus Falls, Mn. 56537 Department of Natural Resources, Regional Administrator, 2115 Birchmont Beach Rd NE Bemidji, Mn 56601 Town Board Chairman of Cleric Health Department, Court House, Fergus Falls, Mn. 56537 FF Fish & Game Club Inc. Box 5, Fergus Falls, Mn. 56537 BOARD OF^ADJUSTMENT: Craig Anderson, RR, Ottertail, Mn. 56571 John Everts, Route 2, Battle Lalce, Mn. 56515 George Walter, Route 1 Box 314, Perham, Mn. 56573 Berton Olson, Route 3, Battle Lake, MN. 56515 Cecil B Femling, 13 6th St NE, Pelican Rapids, MN. 56572 Dan Oehler, 516 W Cherry, Fergus Falls, Mn. 56537 by placing a true and correct copy therof in a sealed envelope, postage prepaid, and depositing the same in the U. S. Mail at Fergus Falls, MN., properly addressed to each of the above named at the addresses shown above.) O JL» November 15, 1993Dated Secretary 7VPN HORN, CARL ROGER VAN HORN, LINDA A BRIDGE AUE APT Zm ALBERT LEA, MN' ' 56007 WELCH, PATRICK L PO BOX 751 DALTON, MN 56324 SKROVE, BEATRICE R#1 BOX 101 DALTON, MN 56324 ROVANG, CHARLES & KATHLEEN R#1 BOX 280 DALTON, MN 56324 V / !/ i r- q IMo,"“j van ho\'■< Os /■ ci Current Name & AddressKEY Property Description SKROVE, BEATRICE R#1 BOX 101 DALTON, MN 563E4 B00001£0104000 1£ 131 4£ 1E9.09 NWl/4 SEl/4 & NEl/4 SWl/4 AND LOT 1 EX TR VAN HORN, CARL ROGER VAN HORN, LINDA A 1&09 BRIDGE AVE APT 304 ALBERT LEA, MN 56007 600001E0105900 1£ 131 4£ 69.6£ SWl/4 SEl/4, SEl/4 SWl/4 & PT SWl/4 SWl/4 N & E OF R/W EX TRS"■.MX WELCH, PATRICK L PO BOX 751 1£ 131 4£ 9,00 ALL SWl/4 SWl/4 LYING S & W OF RY EX S 6 CHAINS TO USA 600001E0107000 DALTON, MN 563£4 ROVANG, CHARLES & KATHLEEN R#1 BOX £80 13 131 4£ 37£.65 LOTS 4 & 5 & SEl/4 EX RR &■ SW1/4NW1/4, Nl/£SWl/4 EX TR& LOT 3 EX RR &■ EX TR 60000130110000 DALTON, MN 563£4 600001301 130007^VAN HORN, CARL ROGER (A^U-s^^VAN HORN, LINDA A “1, ^^/1609 BRIDGE AVE APT 304 ' ALBERT LEA, MN 56007 13 131 4£ 34.50 ALL LOT 1 EX PT S & W OF RR 5 records listed. -‘13 1T" ^ ^ _________„/^^:____________________*<'<-<-e>-vsuC3Lv<.^^<in_______ ____________________^ /f-i/vu^___.44!r''~<-r^®^ ^ d/1 ^ ' ^ * > \ y^ ./»7-^^ . .7%Ld^A^ i- _ ,jt^u-ixz«.^~<u (^ D/y(^ 4~ Mrt. ____ J /'ju^ j<s ^\,JZ,c^L-\'~y‘ ___/Tyy^’^Q^ ^ tfv^ ___‘«t^, ________A-«-r^:2^. ;.||v. ‘ ^'kisis'. ■■ t? "^J!.^'3 CL....... S1A[.:SJ_ - 3-. . ?e/Vv-vr- UJ^CUic^. Xr j^ ccro~-jp^:iJ2^o^)i\\ ^ ^ia/oCZL-V j2aA<^_____i2^ __^?(C1,<^W^_________________________________________ ________________^ 1___ « _U.'" |fip.SS-Vlj—r ' _i: ._ L4 J _tfL ^ ^ ^ ^ I e^ oi>yZw>-a\ _^ Z 3i^4, 115 />rv.A«A The SW^ of SE^, SEii of SW^ and that part of the .SW-s of SW^ lying north and east of Greht tbrthefn Right-of-way, and a tract of land 2 rods wide lying northerly and easterly of ancf parallel and adjoining the right of way of Great Northern Railway in NW^ of SW^^, all in Sec. 12-131-42; AND That part of Gov. Lot 1 of Sec. 13-131-42 lying east of the Great Northern Railway right of way (Exception (11 ) Tliat parL of tho Sout.hwosL Qunrmv (SWi) ()C Section Tv/olve (12), Townshli) One lluiuh-ed Tlitrf,y-oi\e (131) Norcli, Knng,Q Forty-two (^2) West, Otter Tall County, Mlnnesotn, dectnibod as follows; CoiiuiioncInp, at tl^e West Qviartor Section coruGi- of oaid Section 12; thnnee South (As;;vimed Bearing) along the Wer.L line of said Section 12 a distance of 132G.70 feet; thence South ^9 degrees 11 minutea 30 sc<;ondr. East a distance of 20G .65 feel to tlic north­ easterly Rlglit of Way line of thu BurlirrgUotr Norcheinv Railroad, said point being the point of beginning; cheuco continuing South 89 degrees 11 minutes 30 seconds East n distance of L393.00 feet; tl\once South 00 degrees G8 minutes 30 seconds West a distance of 686,51 feet to a point hcreiiiafcer referred to an .poJ.nt A; thence North 89 degrees 32 minutes A8 seconds West a distance of 672.02 feet; tlience westerly and southwesterly along a tangontlc'. curVe concave to tlie Southeast a dlatance of 18A.A7 feat, said curve liavln radius of 3 tangent to tlie last described curve a distance of 6.37 feet to tho north­ easterly Right of Way line of the'Bur 1Ington Northern Railroad ttorth 35 degrees 06 mlnur.es 00 secoridn We.st along said Right or Way line a distance of 925.06 fetil to tlnr point of beginning, containing 10.20 oerra. Otter Tall Coui'it.v, Mii'uu* r. i.) l. a . g a central angle of 3A degrees 27 tnlnute 06.66 feet; thonco South 55 degrees 59 ml 8 57 r.aronds and a nutes 15 scconJ.s We.se thcirco Together wit.h a 33.00 foot: Ka.',tenient for Ingress and egress purposes over and acro.sii part of said fiouthwest Quarter (BW);;) , tl>c; centerline of said Easement is described as follows; Commeticlng at tbo a f or o - deser i bed Roint A; thence South 00 degrees 60 minutes 30 aecondo West a distance of 16.50 feet to the point of beginning of said centerline; thence North 89 degrees 32 minutea 68 seconds West a distance of 671.92 fo.'^t; thence wostorly and southwesterly along a tangential curve concave to tlie Southeast a di.stance of 176.56 foot, said curve having a central angle of 36 degrees 27 minuter, 57 seconds and a Radius of 290.16 feet; thonco South 55 degrees 59 minutes 15 seconds West tangent to the last described curve a distance of 6.06 foci to the northeasterly Right of Way lino of the Burlington Northern Railroad, The sidelines of said ea.scniont arcand said centerline there tennlnatlng. to bo lengthened or shortened to terminate on the southerly egtonsion of Che East lino of tho afore-described parcel of land and the northeasterly Right of Way line of the Burlington Northern Railroad. Purchaser of the above described except.ion shall have the pertual right to barricade any portion of the driveway described in the foregoing Easement, dnriiu) l.lie fieriod of I: ime that; l:liey have a show upon the premises herein. R OCT 0 4 iAt^D & RESOURCE That part of South Half of tha Southwaat Quartar and tha Southwaat Quartar of tha South«f»t auartar, all in Saction 12, Township 131, Ranga 42, Ottar Tail Oourvty, Mimaaota, daacribad as follows: J993 (EXCEPTION #2)U in 'O Oaimencing at tha Wast Quartan oornar of said Saction 12; thanca on an aaaumad baaring of South along tha wast 1 ina of said Saction 12, a distanoa of 1326.70 faat; thanoa South 89 dagraaa 11 minutas 30 saconds East a distanoa of 204.65 faat to tha northaastarly ri|^-of- way 1 ina of tha Burlington Northarn Railroad; thanca continuing South 8$ dagraaa 11 minutaa 30 saoonds East a distanca of 1393.00 faat; thanca South 0 dagraaa 48 minutaa 30 saconds Waat a distanca of 686.51 faat; thanca North 89 dagraas 32 minutas 49 saoonds Waat a distanoa of 672.02 faat; thanca southwastar 1 y on a tsngantial ourva, ooncava to tha southaaat, having a radius of 306.66 faat and a dalta sngla of 34 dagr distanca of 184.47 faat; thanca South 55 dagi'eaa 59 minut 6.37 fast to said northaastar 1y right-of-way line of tha Burlington Northam Railroad, tha point of baginning of tha land to ba dascribad; thanca North 55 dagr East a distance of 6.37 faat; thanca northaastar 1 y on said tsngantial curva, concava to tha southeast, having a radius of 306.66 faat and a delta angle of 34 dagr saconds, for an arc distance of 184.47 feat; thanca South 89 dagr East a distanca of 1165.52 feat; thanca northeaster 1 y on a tar^yartial curva, concava to tha northwest, having a radius of B33.50 faat and a dalta srxjla of 33 daff' seconds, for an arc distanca of 480.92 faat; thanca North 57 dagr East a distance of 59.44 feet; thanca North 11 dagraas 00 minutas 48 saoonds Waat a diat«xa of 493.66 feat; thanca South 86 dagr thanca South 5 degrees 49 minutas 16 saconds East a distanoa of 426.80 faat; thanoa South 68 degrees 18 minutes 26 seconds West a distanca of 664.78 faat: thanca North 28 minutas 33 seconds West a diatsnce of 192.84 feet; thence South 57 seconds West a distance of 51.82 feet; thence southwaatarly on a tangential curve, concava to the northwest, having a radius of 866.50 feet and a delta angle of 33 dagr seconds, for an arc distance of 499.96 feet; thanca North 69 dagr West a distance of 1165.52 feet; thanca southwaatarly on a tar^;anti«1 curve, ooncava to tha 27 minutas 57 59 minutas 15 saconds 27 minutas 57 saconds, for sn arc 15 seconds West s distance of 59 minutes 15 saoonds 27 minutes 57 32 minutas 48 seconds 03 minutas 33 23 minutas 39 saoonds 53 minutas 01 saoonds East a distanca of 773.26 faat; 50 23 iwtnutaa 39 03 minutas 33 32 minutas 48 saoondi southaast, having a radius of 273.66 faat end s delta sngla of 34 dagr saoonds, for an arc distance of 164.62 faat; thence South 55 dagr Wtmt a distanca of 5.75 faat to said northaastar 1y right-of-way line of tha Burlington Northern Railroad; thanca North 35 dagraas 06 minutas 08 second Waat along said northaastarly risht-of-way line, a distance of 33.01 faat to tha point of beginning. Oont-'^ning 10.99 acres more or lass. Reserving s 33 foot noss said South Half of tha Southwest Quartar, being a strip of 1if¥l 33.00 f of tha following dascribad lins: andfor ii ovsr to thaand OoDieancInQ at tha Waat Quartar oornar of said Saction 12; thanoa on an aaauwad baaring of South along tha waat lina of said Saction 12. a distanoa of 1326.70 fast; thanoa South 89 11 minutas 30 saoonds East a distanoa of 204.65 feat to the.northeasterly ri^vt-of- way lins of tha Burlingtcn Northern Railroad; thanoa continuing South 89 30 aeoondi East a distanoa of 1393.00 feat; thanca South 0 degpaaa 48 miraibaa 30 a distance of 686.51 feet; thence North 89 672.02 feet; thence aouthaesterly on a tangential curve, concave to the southeast, having a radius of 306.66 faat and a delta angle of 34 dagr distanoa of 184.47 feet; thence South 55 dagr 6.37 faat to said northaaaterly r1aht-of-way lina of tha Burlington Northam Railroad, tha point of beginning of tha line to ba daacribad: thanoa North 55 dagr £ast a distance of 6.37 faat; thanoa northaaatarly on said tangential ourva, ooncava to tha southaaat, having a radium of 306.66 faat and a dalta angle of 34 dagr seconds, for sn arc diatanoa of 184.47 faat; thanca South 89 dagr East a distance of* 1165.52 faat; thanca northaastarly on a tangential curva, ooncava to tha northwest, having a radius of 833.50 feet and a dalta angle of 33 seconds, for sn arc distanoa of 490.92 feet; thence North 57 dagr East a distance of 59.44 feat and there tarminsting. 32 minutes 48 seconds weet a diatanoe of 27 minutes 57 seconds, for an arc 59 minutes 15 seconds Weet a distance of 59 minutes 15 saoonds 27 minutaa 57 32 minutes 48 seoonds 03 minutes 33 23 minutes 39 seoonds n ^ ^ ' /993Time prtrt oi: the Southwest Quarter (SW\) oC Section Tv/clvc (12) , |;fb»nsh.Li>One Hundred Thirty-one <I31> North, Range Forty-two (42) West, Ot ter‘T>ii t//?C£ County. Minnesota, described as follows; Commencing at tho West Quarter Section corner of said Section 12; thence South (Assumed Bearing) along the West line of said Section 12 a distance oC 1326.70 feet; thence South 89 degrees 11 minutes 30 seconds East a distance of 204.65 feat to the north­ easterly Right of Way line of the Burlington Northern Railroad, said potiit being the point of beginning; thence continuing South 89 degrees 11 minutes 30 seconds East a distance of 1393.00 feet; thence South 00 degrees 48 minutes 30 seconds West a distance of 606.51 feet to a point hereinafter referred to as point A; thence North 89 degrees 32 minutes 48 seconds West a distance of 672.02 feet; thence westerly and southwesterly along a tangontlc*. curve concave to the Southeast a distance of 184,47 feat, said curve having a central angle of 34 degrees 27 talnuces 57 semnda end n radius of 306.66 feet; thence South 55 degrees 59 minutes 15 seconds We.st tangent to the last described curve a distance of 6,37 feet to tho north­ easterly Right of Way Une of the'Burlington Northern Railroad thence North 35 degrees 06 minutes 08 seconds West along said Right or Way line a distance of 925.04 feet to the point of beginning, containing 18.20 acres, Otter Tall County, Minnesota. ‘ ('Exception ftl) I i Togetlifr wit.h a 33.00 foot. F;».somctit for Inj’.ross and egiess purposes over .ami acro.su p.srt of uald Sovithwest Quarter (SW%) , the centerline of said Eu.seinenU Is de.scrlbod as followsA; thence South 00 degrees 48 minutes 30 seconds West a distance of 16.50 feet to the point of beginning of said centerline; thence North 89 degrees 32 minutes 48 seconds West a distance of 671.92 feet; thence westerly and southwesterly along a tangential curve concave to the Southeast a distance of 174.54 feet, aaid curve having a central angle of 34 degrees 27 minutes 57 seconds and a Radius of 290,16 feet; thence South 55 degrees 59 minutes 15 seconds West tangent to the last described curve o distance of 6.06 feet to the northeasterly Riglit of Way lino of the Burlington Northern Railroad, and said centerline there terminating. The sidelines of said easement are to bo lengthened or shortened to terminate on the southerly extension of. the East lino of the afore-described parcel of land and the northeasterly Right of Way line of the Burlington Northern Railroad. Purchaser of the above described exception shall have the pertual right to barricade any portion of the driveway described in the foregoing Easement during the period of time that they have a show upon the premises herein. ; Conunenctng ac Clio aforo-dcserIbed Point V . T =» tract NUilBER . y = y£TLA/fD iHT = MUL'ITLE TRACT NUKBERI Htl = HIGHLY tROSISLE LAH3 iCy = CONVERTED METLAHD >rU = FASHED WETLAND SNA = NGN-AGRICULTURAL i m - MINIHAL EFFECT yETLAsD CEs£H?T> ■I Kyc. HyH. mn = ipecial cond. (eeejcji i PC = PRIOR CONVERTED yETlANDj NC = NON-CSOPlAND i PHQTC MC. ___i5!*.f-R5II:ICIA=.’5lIia?f?__LI?Li.EXE|5FT LCOHHENCED) CONVERTED ZETLAND_____I . rN6T~ToT”RE"pRClDUCED”r~c'Ro’p !NHE. = NCN-hlGHLY ERQDIBIE !COUNTY imLI ^ 57^SCALE_J T ^HQS-'rtj 'I ~t ( mi ■ 4' = ::h -V.p ir:.-Ilfi.PiI5ii 11i* ,v . ♦.->r* 9 • sft- ^ ... 4'I"y 'Ar* > r ' IJV' octT""' '9oX<i,g'i/;- li f ^ .. *e.., i \ I r- i oc •- • ; :.• ■■ •••:^ ; . " -rJ-' Speed Letter«Carl Van Horn Kyle Weatereard Z Court House Land & Resource Management Office To From I 10838 B Jubilee Circle Fergus Falls, MN 56537Lakeville, MN 55044 Site Permit ApPfiicationSubject -No. 0 & 10 FOLD MESSAGE You will have to applyYour proposed structure exceeds the 18' height limit. See the enclosed material which willfor a Variance from the Board of Adjustment. give you the information required to file the application. If you have any questions, please call our office at 739—2271, Ext. 225. Date 10/6/93 Signed REPLY •>4taL9POU>i -No. 10 FOLD Date Signed WHsonJones 44402 3 PART PRMTeiMU^Caitxxiless SENDER—DETACH AND RETAIN YELLOW COPY. SEND WHITE AND PINK COPIES.