HomeMy WebLinkAbout35000170165000_Conditional Use Permits_09-13-2006IllConditional Use Permits
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OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
lht?nS',t00ti463_
was filed/recorded in this office
for record on the __day of _2Q06at^^^^pm
idy dlVIetcah, Coanty Reorder
^dingiee
_well certificate
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THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR CONDITIONAL USE PERMIT
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER
540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
PRO'PERTY OWNER(S) AriM^Cs_____________________ DAYTIME PHONE
MAILING ADDRESS ^ /V]/1^56$~7/
LAKE NUMBER _LAKE NAME LAKE CLASS
SECTION I ^ TOWNSHIP i ^ RANGE TOWNSHIP NAME LcckC
NUMBER C>(50 OOP E-911ADDRESS/^pProV? ltX>' j/Od^
oQ t~U AJc 4r RretC^Yvvpy^p
LEGAL DESCRIPTION
SEl/4 NEl/4, GL 1 & 2
INCLUDING PT S OF BRADEMEYER 3RD ADDN EX PLATTED EX TRS 15.^9/96
CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request)
Topoqraphicai Alteration Xt Commerciai Use.^ Ciuster Development__ Extractive Use __ industrial Use__
Forest Land Conversion__ Misceilaneous______________________
SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION.
-V IT CA^S-torC4.^e. Ccto! I 'BocclrS ^R
fjU* ^Htjsooro ^
I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO
CONTACT,LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER.
PROPERTY OWNER (S)DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
SCANNED
September 13. 2006:
Motion: A motion by Arno, second by Wilson to deny at the Applicant’s request, (letter
dated August 29, 2006).
(9'->(Sc/n piChairman/Otter Tail County Planning Commission
County Board Action
____Approved As Recommended
Denied As Recommended\
Other
CTm^l A ^^4Chairman/Otter Tail County Board of Commissioners Date of Final Action
I
CONDITIONALUSE PERMIT#
^ L & R Official/Date
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
Copy of Application Mailed to Applicant, Co. Assessor and MN DNR
bk 0204-006 i 0'^/cv|r^
317,339 • Victor Lundeen Co., Printers • Fergus Falls. Minnesota H [I
) ___
t / R Official/Date
/
7
OTC Board of Commissioners’ Minutes
September 19, 2006
Page 5
Ridgewood Circle and the Otter Tail River in NEVi (Old Bridge No. L9095, New Bridge No.
56534, S.A.P. 56-599-54) in Section 5 of Dane Prairie Township: Otter Tail River (56-OTR).
Conditional Use Permit-Linden Park Resort/Jerrv & Linda Loofe & Bob LeSaae:
Motion by Froemming, second by Block, and unanimously carried to deny a Conditional Use
Permit request for a resort conversion, as recommended by the Planning Commission.
Reasons for the denial are as listed in the Planning Commission minutes dated September
13, 2006. The property is described as Hursh’s Addn-Linden Park, Lots 6 & 7 BIk B & vac
alley adj & Pt GL 1 & 2, Section 26 of Girard Township: East Battle Lake (56-138).
Conditional Use Permit - Lake Five Resort/Fair Hills Inc:
Motion by Nelson, second by Lee, and unanimously carried to approve a Conditional Use
Permit for a dwelling replacement on the resort as presented. The property is described as
GL 5 ex part Sly of center line of Twp Rd (20.50 AC), Section 5 of Hobart Township: Lake
Five (56-357).
Conditional Use Permit - Larry Ahifs and Dwayne & Lisa Augustus:
Motion by Froemming, second by Mosher, and unanimously carried to deny a Conditional
Use Permit to build a storage and boat and motor repair facility as requested by the Applicant
by letter dated August 29, 2006. The property is described as SE!4 NE!4, GL 1 & 2 including
Pt S of Brademeyer 3'"'^ Addn ex platted ex trs. Section 17 of Leaf Lake Township: West Leaf
Lake (56-114).
Conditional Use Permit - Timothy T. Crompton:
Motion by Lee, second by Block, to deny a Conditional Use Permit for this after-the-fact
request for a retaining wall. Discussion followed regarding the process after a denial to fix
the situation. Applicant, Timothy Crompton, stated that he has contacted an Engineering
Firm in Fargo for their professional opinion on this project. He stated that he has some water
issues with the property and a good size hill where the water runs onto the property. He
requested time to work with the Land & Resource Office for a resolution. County Attorney,
David Hauser, advised the Board that they may table the CUP request and look at additional
information or deny the CUP request and the issue is left to enforcement action and resulting
solutions/restoration. Commissioner Lee and Block withdrew their motion and second
respectively. The applicant waived the 60-day requirement for a decision and Commissioner
Lee offered a motion, seconded by Block, to table this after-the-fact Conditional Use Permit
request for further engineering information. Motion carried unanimously. The property is
described as Lots 11 & 12 Anderson Beach Addition & pt of GL 3 (.06 AC), Section 11 of
Scambler Township: Pelican Lake (56-786).
Final Plat - “Twin Lake Shores”
Motion by Mosher, second by Nelson, and unanimously carried to approve the Final Plat of
Secluded Land Company, LLC, known as “Twin Lake Shores" consisting of 13 lots in
Section 24, Township 131N, Range 40W, Eagle Lake Township: Unnamed Lake (56-267).
SCANNED
• Otter Tail County, Planning Commission
September 13, 2006, Page 3
the project, and expressed concerns regarding too much pressure on the lake, too many
people and boats, the sewer system, and he requested an environmental impact statement
be completed. Jim Thompson expressed concerns regarding the impact on the lake
(number of boats) and the impact on the adjacent property (a deeded access to the lake).
Gerald Haberer (adjacent neighbor) indicated that this proposal would be an improvement.
Keith Rafos stated that while he was not opposed to change, he had concerns regarding
traffic, surface water drainage and vegetative screening. Robert Dungray expressed
concerns regarding modifying the plan and retaining two of the existing trailers. Don Jurs
had questions regarding surface water drainage, and the existing terrain. Art Leu
expressed concerns regarding the vacation of Liberty/Castle Trail.
Motion: A motion by Wilson, second by Arno to deny as presented, for the following
reasons: 1. Road issues need clarifying. 2. Septic system issues need clarifying. 3.
Lack of a plan on how existing structures by the lake would be removed. 4. Too many RV
sites are being requested. Voting: All Members in favor, except Erickson.
Break: At 8:00 P.M., the Commission took a 10 minute break.
Lake Five Resort/Fair Hills Inc. - Approved As Requested:
A Conditional Use Permit Application (as stated by the Applicant): Demolish residence and
garage located on bottom of map #6 (map on file with Land & Resource Management
Office) and replace with a 1840 sq. ft. home. Present residence is a two story 1660 sq. ft.
house. New home will be occuried by Lisa M. Kaldahl, manager of Five Lakes Resort.
Number of units to remain the same: 9 rental units; 1 managers residential dwelling. The
property is described as GL 5 ex part Sly of center line of Twp Rd (20.50 AC), Section 5 of
Hobart Township; Lake Five (56-357), RD.
Lisa Kaldahl represented the Application.
Motion: A motion by Erickson, second by Maske to approve as presented. Voting: All
I Members in favor.
Larry Ahifs and Dwayne & Lisa Augustus - Denied As Requested:
A Conditional Use Permit Application (as stated by the Applicant): On Parcel “D" - Build a
storage facility for boats & RV’s, repair & maintane boats, engines, trailers. Build 1 building
now with 2’'^ by December 2007. Detailed information on file with Land & Resource
Management Office. The property is described as SE1/4 NE1/4, GL 1 & 2 including Pt S of
Brademeyer 3'“^ Addn ex platted ex trs. Section 17 of Leaf Lake Township; West Leaf Lake
(56-114), RD.
Motion: A motion by Arno, second by Wilson to deny at the Applicant’s request, (letter
dated August 29, 2006). Voting: All Members in favor.
Timothy T. Crompton - Denied:
A Conditional Use Permit Application (as stated by the Applicant): This is an After-the-Fact
Request. #1) Built block retainer wall, 8” thick, 40’ long, 4’ high. Back filled with #5
excess. #2) Built block retainer wall, 8” thick, 26’ long, 3’ high. Back filled with #5 excess.
#3) Built block retainer wall, 8” thick, 18’ long, 5’ high. Back filled with existing dirt. #4)
Built block retainer wall, 8” thick, 48’ long, 3’ to 5’ high. Back filled with existing dirt. #5)
Built block retainer wall, 8" thick, 64’ long, 4’ high. Moved app. 20 yds of existing fill to
#1 & #2 retainer wall. Rebuilt some of #6 wood retainer (existing). Rebuilt some of #7
SCANNED
Application for ConJ.itional Use Permit
Dwayne Au^ustus/Lisa Augustus
48037 Flicker Lane
Ottertail MN 56571
218-367-2813
Property
Tke property is currently not ours kut we do kave a signed purckase
agreement for tkis property contingent on tke approval of tke permit
for tke piu^ose descriked kelow. (a copy of purckase agreement
attacked). Tke parcel numker and 911 address are yet to ke
determined. Survey map is attacked.
Purpose
To start a small kusiness tkat will provide off season storage for koats
and otker recreational vekicles. I wovdd like to o ffer kotk inside and
outside skrink wrapped storage. All storage wo idd k e eitker inside or
skrink wrapped and stored in an orderly manner. Image is a very
important aspect of any kusiness, tkis is my neigkkor kood and I
woxdd not want it to ke unsigktly. Tkere woxdd ke a skort period of
time in tke fall and in tke spring wken eack unit woxdd kave to ke
outside. Tkis woxdd ke in tke fall staging to go into tke kxxddings and
in tke spring waiting for pick up dxxring tke kigkest volxune time.
I woxdd also provide a service to repair and maintain marine engines,
koats and traders. Dxiring tke summer repair units woxdd ke in a
kudding wkde waiting to ke repaired or waiting for tke owner to pick
up.
Okservations
Tke proposal is for a kxxdding of tke pole kam type and ke 50’ x 153’
eack kxxilt witk colored steel witk class 5 floors.
Efforts will ke made to lessen any visual impact on tke area and for
tke cxu*rent residences.
SCANNED
Topo^rapkical Ckangfes
Very little ckanges will ke required. Prepping of kuilding site and
parking lot wotdd require grading an d fiUing class 5 in tke amoimt of
285yds.
Hazardous Materials
No materials classified as kazardous ky tke EPA will ke generated or
stored at tkis location. Waste oil and used oil filters will ke kaided ky
OS I Environmental Services or similar service.
Traffic
Tke facikty woidd ke located along 480^ Ave and ke accesse d ky tke
existing approack. It woidd ke kef ore any residences. No additional
traffic woidd ke generated past any current residence.
Location
Wkile most of tke property lies witkin 1000’ of West Leaf Lake it is
located nortk of Brademeyer Road. Tke property is kefore you get to
tke lake and residences.
Noise
Any noise impact will ke minimal.
Business Hours
Proposed kours are Monday tkru Fri day 8:30-5 Saturday 8:30 -3
Aprd tkru Octoker 15 and ky appointment tke rest of tke year.
Ligkting
No proposed additional ligkting past kusiness kours witk tke
exception of kgkt sensing yard ligkt.
Signage
Proposed 1 non ligkted sign. 4’ x 8’
Would also like to ke akle to use tke end of tke storage kui Iding f or
signage advertising koat storage and pkone numker.
SCANNED
PURCHASE AGREEMENT
This form approved by the Minnesota Association of
REALTORS®, which disclaims any liability
arising out of use or misuse of this form.
) 2002, Minnesota Association of REALTORS®, Edina, MN
1. Date
Paae 1 of.
3.
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RECEIVED OF_
/ \ 2. 1 Of______
‘4-
the sum of.Dollars ($_-)
by CHECK / CASH / NOTE as earnest money to be deposited upon acceptance'of Purchase Agreement by^^dll parties, on or
"(circle one)"before the third business day after acceptance, in the trust account of listing broker but to be returned to Buyer if Purchase
Agreement is not accepted by Seller. Said earnest money Js p^t payment for the purchase of the property located at:
ro ^ > 1 . County of O
City of_
Legally described as:.
State of Minnesota,
including the following property, if any, owned by Seller and used and located on said property: garden bulbs, plants, shrubs, and
trees; storm sash, storm doors, screens and awnings; window shades, blinds, traverse and curtain and drapery rods; attached lighting
fixtures and bulbs; plumbing fixtures, water heater, heating plants (with any burners, tanks, stokers and other equipment used in
connection therewith), built-in air conditioning equipment, electronic air filter, water softener OWNED / RENTED / NONE, built-in
.....-..................(circle one)..........................
humidifier and dehumidifier, liquid gas tank and controls (if the property of Seller), sump pump; attached television antenna, cable TV jacks and
wiring; BUILT-INS: dishwashers, garbage disposals, trash compactors, ovens, cook top stoves, microwave ovens, hood fans, intercoms;
ATTACHED: carpeting; mitrors; garage door openers and all controls; smoke detectors; fireplace screens, doors and heatilators; AND; the following
personal property: . —
all of which property Seller has this day agreed to sell to Buyer for sum of: ($_____)
Dollars,
25. which Buyer ^rees to pay in the following manner: Earnes^oney of $.26. and$_____3R ______________cash on C (
27. the balance of $___
28. Conventional FHA
___________________, the date of closing, and
by financing in accordance with the attached addendum;
Purchase Money Mortgage Other:.DVA • Assumption Contract for Deed
.........................................................................................................(circle all that apply).................................................................................................
29. This Purchase Agreement IS / NQr subject to a Contingency Addendum for sale of Buyer’s property. (If answer is IS, see attached addendum.)
30. (If answer i^TS^^'^he closmg^of*iuyer’s property, if any, may still affect Buyer’s ability to obtain financing, if financing is applicable.)
31. This Purchase Agreement IS /(^NOT^bje
32.
33.
34.
35.
. _ Object to cancellation of a previously written Purchase Agreement dated
- - "(Circle'Pfi^)-'*^
This Purchase Agreement IS / IS NOT subject to a Vacant Land Addendum. (If answer is IS, see attached addendum).
—(circle one)"
Buyer has been made aware of the availability of property inspections. Buyer elects / declines to have a property inspection performed at Buyer’s expense.
--------(Circle one)--------
This Purchase Agreement IS / IS NOT subject to an Inspection Addendum. (If answer is IS, see attached addendum.)
.........(circle one).........
DEED/MARKETABLE TITLE; Upon performance by Buyer, Seller shall deliver a Warranty Deed or Other:^Deed
"(circle one)"36. joined in by spouse, if any, conveying marketable title, subject to:
37. (A) Building and zoning laws, ordinances, state and federal regulations; (B) Restrictions relating to use or improvement of the
property without effective forfeiture provisions; (C) Reservation of any mineral rights by the State of Minnesota; (D) Utility and
drainage easements which do not interfere with existing improvements; (E) Rights of tenants as follows (unless specified, not
subject to tenancies): ^
38.
39.
40.
41.
42.
(F) Others (Must be specified in writing):
BUYER SHALL PAY / SELLER SHALL PAY on date of closing any deferred real estate taxes (i.e. Green Acres, etc.) or special
"(circle one)--43.
44.
assessments, payment of which is required as a result of the closing of this sale.
BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING I SELLER SHALL PAY ON DATE OF CLOSING all installments
.......................................................................................................................................—(circle one)---------------------------------------------------------------------------------------------------------------------
45. of special assessments certified for payment with the real estate taxes aue and payable in the year of closing.
46. BUYER SHALL ASSUME / SELLER SHALL PAY on date of closing all other special assessments levied as of the date of this Agreement.
..................................-..........(arcle one)...............................-.....................
47. BUYER SHALL ASSUME / SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as of the date of this Agreement
............................................................................(circle one).....................................................—..............................
48. for improvements that have been ordered by any assessing authorities. (Seller’s provision for payment shall be by
49. payment into escrow of two (2) times the estimated amount of the assessments, or less as required by Buyer’s lender.)
50. Buyer shall pay any unpaid special assessments payable in the year following closing and thereafter, the payment of which is not otherwise
51. herein provided.
52. As of the date of this Agreement, Seller represents that Seller HAS / HAS NOT received a notice regarding any new improvement
---------(Circle one)-----------
53. project from any assessing authorities, the costs of which project may be assessed against the property. Any such notice
54. received by Seller after the date of this Agreement and before closing will be provided to Buyer immediately. If notice of a pending
55. special assessment Is issued after the date of this Agreement and on or before the date of closing. Buyer shall assume payment of
56. ALL / NONE / OTHER:of any such special assessments, and Seller shall provide for payment on date of
--------------(circle one)---------------
57. closing ALL / NONE / OTHER:
--------------(circle one)--------------
of any such special assessments. If such special assessments
58. or escrow amounts for said special assessments as required by Buyer’s lender shall exceed $, then either
59. party may agree in writing on or before the date of closing to assume, pay or provide for the payment of such excess. In the absence of
60. such agreement, either party may declare this Purchase Agreement null and void; the parties shall immediately sign a cancellation of
61. Purchase Agreement and all earnest money paid hereunder shall be refunded to Buyer.
MN:PA-1 (8/02)
M I I I a OailUrdlSCANNED
PURCHASE AGflEEMENT
62. Page 2
63. TITLE & EXAMINATION; Within a reasonable time after acceptance of this Agreement, Seller shall provide
64. evidence of title, which shall include proper searches covering bankruptcies, state and federal judgments and liens,
65. and levied and pending Special Assessments to Buyer or Buyer's designated title service Provider, as follows:
66. If property is abstract, Seller shall provide either; (1) a comm.itment for an owner's policy of title insurance on a current
67. ALTA form issued by an insurer licensed to write title insurance in Minnesota. Seller shall pay the cost of an owner’s policy including the
68. entire premium, title examination fee and the costs of evidence of title for such title insurance policy if no lenders policy is obtained; or only
69. the additional cost of obtaining a simultaneously issued owner’s policy if a lender’s policy is obtained. (Buyer
70. shall pay the premium and the title examination fee for the lender’s policy); or (2) an abstract of title certified to date.
71. Seller shall pay for all abstracting fees and surrender any abstract in Seller’s possession or control to Buyer at closing.
72. If property is Torrens, Seller shall provide, at Buyer’s option and request, either (1) a Registered Property Abstract
73. (RPA) certified to date; or (2) a commitment for an owner’s policy of title insurance on a current ALTA form issued by
74. an insurer licensed to write title insurance in Minnesota. Seller shall be responsible to pay, under either option, only
75. those costs necessary to prepare the RPA or commitment. Buyer shall, at buyer’s option, pay for either the Attorney’s
76. Opinion or the title insurance premium and examination fee.
77. Seller shall use Seller’s best efforts to provide marketable title by the date of closing. In the event Seller has not
78. provided marketable title by the date of closing, Seller shall have an additional 30 days to make title marketable or. in
79. the alternative. Buyer may waive title defects by written notice to the Seller. In addition to the 30 day extension,
80. Buyer and Seller may by mutual agreement further extend the closing date. Lacking such extension, either party
81. may declare this Purchase Agreement null and void; neither party shall be liable for damages hereunder to the other
82. and earnest money shall be refunded to Buyer; Buyer and Seller shall immediately sign a cancellation of Purchase
83. Agreement.
84. SUBDIVISION OF LAND: If this sale constitutes or requires a subdivision of land owned by Seller, Seller shall pay
85. all subdivision expenses and obtain all necessary governmental approvals. Seller warrants the legal description of
86. the real property to be conveyed has been or will be approved for recording as of the date of closing. Seller warrants
87. that the buildings are or will be constructed entirely within the boundary lines of the property. Seller warrants
88. that there is a right of access to the property from a public right of way. These warranties shall survive the delivery of
89. the deed or contract for deed.
90. Seller warrants that prior to the closing, payment in full will have been made for all labor, materials, machinery,
91. fixtures or tools furnished within the 120 days immediately preceding the closing in connection with construction,
92. alteration or repair of any structure on or improvement to the property.
93. Seller warrants that Seller has not received any notice from any governmental authority as to condemnation
94. proceedings, violation of any law, ordinance or regulation. If the property is subject to restrictive covenants. Seller
95. warrants that Seller has not received any notice from any person or authority as to a breach of the covenants. Any
96. such notices received by Seller will be provided to Buyer immediately.
97. Seller agrees to allow reasonable access to the property for performance of any surveys or inspections agreed to herein.
98. RISK OF LOSS; If there is any ioss or damage to the property between the date hereof and the date of closing, for any reason including
99. fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. If the property is destroyed
100. or substantially damaged before the closing date, this Purchase Agreement shall become null and void, at
101. Buyer’s option, and earnest money shall be refunded to Buyer; Buyer and Seller shall immediately sign a
102. cancellation of Purchase Agreement.
103. TIME OF ESSENCE: Time is of the essence in this Purchase Agreement.
104. ENTIRE AGREEMENT: This Purchase Agreement, any attached exhibits and any addenda or amendments signed
105. by the parties, shall constitute the entire agreement between Seller and Buyer, and supercedes any other written or
106. oral agreements between Seller and Buyer. This Purchase Agreement can be modified or canceled only in writing signed by
107. Seller and Buyer or by operation of law. All monetary sums are deemed to be United States currency for purposes of this agreement.
108. Buyer or seller may be required to pay certain closing costs which may effectively reduce the proceeds from the sale or increase the cash
109. outlay at closing.
110. ACCEPTANCE: Buyer understands and agrees that this Purchase Agreement is subject to acceptance by Seller in writing. The delivery
111. of all papers and monies shall be made at the listing broker’s office.
112. DEFAULT; If Buyer defaults in any of the agreements herein. Seller may terminate this Purchase Agreement, and payments made
113. hereunder may be retained by Seller as liquidated damages. If this Purchase Agreement is not so
114. terminated, Buyer or Seller may seek actual damages for breach of this Agreement or specific performance of this
115. Agreement; and. as to specific performance, such action must be commenced within six months after such right of
116. action arises.
117. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory offender registry
118. and persons registered with the predatory offender registry under Minnesota Statutes, section 243.166, may be obtained by contacting
119. the local law enforcement offices in the community where the property is located, or the Minnesota Department of
120. Corrections at (651) 642-0200, or from the Department of Corrections web site at www.corr.state.mn.us.
MN:PA-2 (8/02)
PURCHASE AGREEMENT
121.
122.
Address.
Page 3 Date
pay,PRORATED FROM DAY OF CLOSING,,
• (circle or)e)-
124.
125.
126.
127.
128.
129.
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131.
132.
133.
134.
_12ths, ALL, NONE real estate taxes due and payable in the year,
-----------------.........Seller shall pay, PRORATED TO DAY OF CLOSING,
.......................................................... (circle one)..................
ALL, NONE real estate taxes due and payable in the year.lithe
closing date is changed, the real estate taxes paid shall, if prorated, be adjusted to the new closing date. Seller warrants taxes due and
payable in the yearwill be FULL-PART-NON- homestead classification. If part or non-homestead classification is circled.
............(circle one)............
Seller agrees to pay Buyer at closing $__________________________________________________________________________
toward the non-homestead real estate taxes. Buyer agrees to pay any remaining balance of non-homestead taxes when they become
due and payable. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter, the payment of which is
not otherwise herein provided. No representations are made concerning the amount of subsequent real estate taxes.
POSSESSION: Seller shall deliver possession of the property not later than.
All interest, homeowner association dues, rents, fuel oil, liquid petroleum gas and all changes for city water, city sewer, electricity, and
natural gas shall be prorated between the parties as of date of closing. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL
PROPERTY NOT INCLUDED HEREIN from the property by possession date.
.after closing.
135. ENVIRONMENTAL CONCERNS; To the best of the Seller’s knowledge there are no hazardous substances, or underground storage
136. tanks, except herein noted;_______________________________________________________________________
137.
167.
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DUAL AGENCY REPRESENTATION
PLEASE CHECK OF THE FOLLOWING SELECTIONS
□ Dual Agency representation DOES NOT apply in this transaction. Disregard lines 170-183.
□ Dual Agency representation DOES apply in this transaction. Complete the disclosure in lines 171-183.
Broker represents both the Seller(s) and the Buyer(s) of the property involved in this transaction, which creates a dual agency. This
means that Broker and its salespersons owe fiduciary duties to both Seller(s) and Buyer(s). Because the parties may have conflicting
interests. Broker and its salespersons are prohibited from advocating exclusively for either party. Broker cannot act as a dual agent in this
transaction without the consent of both Seller(s) and Buyer(s). Seller(s) and Buyer(s) acknowledge that:
(1) confidential information communicated to Broker which regards price, terms, or motivation to buy or sell will remain confidentia
unless Seller(s) or Buyer(s) instructs Broker in writing to disclose this information. Other information will be shared
(2) Broker and its salespersons will not represent the interest of either party to the detriment of the other; anc
(3) within the limits of dual agency, Broker and its salespersons will work diligently to facilitate the mechanics of the sale
With the knowledge and understanding of the explanation above, Seller(s) and Buyer(s) authorize and instruct Broker and its
salespersons to act as dual agents in this transaction.
Seller Buyer
Seller Buyer
SCANNEDDate Date
MN:PA-3 (8/02)
192.
193.
194.
195. Attached are other addenda which are made a part of this Purchase Agreement. (Enter total number of pages of this Purchase
196. Agreement, including addenda, on line 2 of page 1.)
197. I, the owner of the property, accept this Agreement and
198. authorize the listing broker to withdraw said property from
199. the market, unless instructed otherwise in writing.
I have review^ aii pages of this Purchase Agreement.
I agree to purchase the property for the price and in accordance
with the terms and conditions set forth above.
I have reviewed all pages of this Purchase Agreement.
200.
201. X
(Seller’s Signature)
202. X
(Buye/^s Signature) <
X VAJf
(Date)
(Seller’s Printed Name)
203. X
(Buyer’s Printed Name)
204.
(Social Security Number - optional)
X
(Marital Status) (Social Security Number - optional)(Marital Status)
(Seller’s Signature)(Date)(Buyer’s Signature)(Date)
205.X X 1
(Seller’s Printed Name)(Buyer’s Printed Name)
206.X
(Social Security Number - optional)(Marital Status) (Social Security Number - optional)(Marital Status)
207. FINAL ACCEPTANCE DATE
208.
209.
THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS.
IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
b 7
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MN PA-A (Rim\
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SEP-8-2006 07:41A FROM:7636949065 TO:12189988112 P. 1
September 7,2006
RECEIVED
SEP 0 8 2006
land & RESOURCE
Otter Tail Planning Commission
Govermnent Services Center
540 West Fir
Fergus Fails MN 56537 r-4:x 5//"L.
Re: Applicant Larry Ahlfs
Conditional Use Permit Request
Hearing Sept 13, 2006
It appears this is the same application for Dwayne Augustus as was denied by the Commission on
the 16th of August, except now it is a different piece of land. It appears the location is a triangle
of farm land (not served by the sprinklers) at the comer of Hiway 78 and 480th St., the entrance
road to all of the lake shore homes.
Our primary objection is one of history, this applicant tends to leave equipment out. We already
have a similar business just outside of Otter Tail which has equipment laying all over the place.
It really is quesitionalbe if there is enough roomon this site for parking and one building let alone
two. If the boats, pontoons etc can be contained in the building, fine. However, that isn’t the
way it works in that kind of business. Repair work tends to backlog because many of these
small business owners take on more than they can complete in a weeks time. So you have
equipment sitting outside for weeks at a time waiting to be repaired.
If the commission approves, please consider requiring a 7’ fence or, a row of evergreen trees to
hide the stuff.
Also, in its proposed location, in the winter with a northwest wind, this building will most
definitly cause drifting over the north south road. Will he be responsible to keep the road clear
by his building site? It appears from excavation already done, the building will be very close to
the road.
Vs210 Flicker Road
Otter Tail
SCANNED
OTTER TAIL COUNTY PLANNING COimiSSlOH
NOTICE OF PUBLIC HEARING
APPLICANT: Larry Ahifs Proposed Buyer: Dwayne & Lisa Augustus
47767 Brademeyer Rd 48037 Flicker Ln
Ottertail, MN 56571 Ottertail, MN 56571
HEARING DATE/LOCATION: September 13, 2006 at 7:30 P.M. **
Commissioner's Room,
Government Services Center
West Fir
Fergus Falls, MN 56537
CONDITIONAL USE PERMIT APPLICATION REQUEST (as stated by the Applicant): On
Parcel “D” - Build a storage facility for boats & RV’s, repair & maintane boats, engines,
trailers. Build 1 building now with 2'^ by December 2007. Detailed information on file with
Land & Resource Management Office.
LAKE NAME/NUMBER/CLASS: West Leaf Lake (56-114), RD
E-911 ADDRESS: NA (Approx. 1120’ N of the Junction of 480“’ Ave & Brademeyer Rd)
LEGAL DESCRIPTION: SE1/4 NE1/4, GL 1 & 2 including Pt S of Brademeyer 3^ Addn ex
platted ex trs, Section 17 of Leaf Lake Township
** Weather Conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus
Falls Radio Stations or contact the Land & Resource Management Office, by 4:30 p.m., for possible rescheduling of the
Hearing.
The above Applicant has made Application to the Otter Tail County Planning Commission
for a Conditional Use Permit as per the requirements of the Shoreland Management
Ordinance of Otter Tail County. Details of the Application are available for viewing at the
Land & Resource Management Office, Government Services Center 540 West Fir, Fergus
Falls, MN 56537. Any comments regarding this request may be expressed at the Hearing
or mailed to the Land & Resource Management Office at the above address.
INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE
LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING.
Bert Olson
Chairman Planning Commission
August 30, 2006
Mailing Date
SCANNED