HomeMy WebLinkAbout35000210186009_Variances_05-04-1989ill Variances
2
Barcode 128
umue i/uuiiiy nBUiMJt:
OHJnty of oner Tail ^ 686850
; application FOR VARIANCE
DU iTw ^ rt»v ol 1/ FROM
' // ^;r OTT-ffl TA/Z. COUNTY, MINNESOTA Receipt No..
Owner: Klitzke
/<r"Application Fee $
Rolland Robert Phone: 218-346-4587
Last Name
Rural Route 3
First
Box 197 /^hrham
Middle
Minnesota 56573
Street & No.City State Zip No.
Lake No. 56-114 Lake Name West Leaf Lake Lake Class I®
Sec. 21 Twn 134 Ranae 38 Two. Name Otter Tall
Legal Description:
See attached sheet.Fire No.
Parcel Number ' -<-)0 -r./ -or/U -oOl!
Explain your request:
The request of this variance is to record the plat which was purchased from
Duane Glass on May 4, 1984. I have a certificate of a survey made by Robert B.
Oslund and Associates, dated November 26, 1975, originally surveyed on July 12,
1960, at which time the subdivision was completed.
at part of Government Lot One (1), Section 21, Township 134, Range 38, Otter Tail County,
nnesota described as follows: Commencing at the Northeast corner of said Section 21;
ence on an assumed bearing of South 00° 38' 40" West on the Easterly line of said Section
for a distance of 834.03 feet; thence on a bearing of West for a distance of 609.7 feet;
ence North 57° 27' West 350 feet to point of beginning of tract to be described; then'.e
rth 57° 27' West 199.53 feet; thence South'00° 06' West 172 feet more or less to the
oreline of West Leaf Lake; thence Southeasterly on said shoreline for a distance of 180
et more or less to the intersection with a line projected at a bearing of South 09 34'
" West from point of beginning; thence North 09° 34' 27" East 183 feet more or less to
lint of beginning containing .68 of an acre more or less, together with and subject to a
in-exdlusiv^ road crsement over a strip of land 33 feet wide bordering along the North
.ne of the tract of land conveyed to the parties of the first part herein described in chat
;rtain deed dated and filed of record August 6, 1963 in Book 378 of Deeds, page 359.
In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans,
information about surrounding property, etc. APPLICIANT 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.
I understand I must contact my township in order to determine whether or not any additional variances and/or permits are required
by the township for my proposed project.
Application dated /y/lcuM/, a
— DO NOT USE SPACE BELOW—
Date of hearing.I9_Time.M.
DEVIATION APPROVED this
{OR A TTACHED) REOUIREMENTS:
Court House, Fergus Falls, MN. 56537
4th______day of______Umj 19 R9 WITH THE FOLLOWING
Apphoved-betng the loAt plzcz pfiopeAty along tka> beach with a public
tLoad {^ofL acccALi.
'ANNED
Signature;
MKL 0483 - 001
231,616 — Victor Lundeen Co.. Printers, Fergus Falls. Minnesota
Chairman
Otter Tail Board of Adjustment
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BOX OS7 FEFOUS F«LLEv OS:53S-OS67
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»■*■«■ TYPE f CHPFOE
POPPDSEj W.ISCELEPWEOUS V«FI«WOxE
JWST, # OS;WTOF OSPWTEE
Ev^&Sr?® OTTES TftiL OOONTV H'EITZHE
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MORTGAGE
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THIS MOftTOAOE rSwwiiy Ittret^")*
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......................................................................f SorroeeOntSeeimiy Ittn—it ii|if t.......£«cu£lty .&tatft..aanJc..n£...I)aeg..Crafti;.............................akickiioMHfcr Ihc b«« of......MloaeAQta.............................. Md «rlMt aAlrat it
.....ILi^nab. :ota..............................................................................................Horrctcr om Uwki -he pitciH oT ..QM..mraOEZaX..lUOXXrZlVS. IHQU&Aim. AND..........................JUO/100-..-r.r-.r--:r-->-^. Da«us(VA. &..2.§4..O.O.Q^.Q0. ). Ttmd'hi «c«iAtKadby ■omttliMt
dated Ihc utcdtct dm SccwHy laatratet (~Nole"). which Pn'''tda»lg»w|bly r*yatm». with the Ihl debt, if atpaid cariMT.dt Mid Bayabin^^K......Jj8JOUAry...2.Ze...2II0a....^Rv£*™.................aadfcritatiMtfw
ycarty rate of......JRCir.pmcnt. Tim Security InMniteat Mcara to liadef (a) the upayawt of the Ml
evidenced l>y the Note, with intcrcit, aad all reaewak. eatcaHom and awdUcaiioai; (b) the payawat of al other tti.
with aMcrcM. advaaced awdrr pa ’afraph 7 to protect the tear''y of thia Sectwily Itiratiai; aiid (c) the parfoiataca of Barrower*! fimatMi aad agrccmeai* aadtr thia Seewrily taatiaaMt and the Note. For dm |
hiiehy toHait.afaatMidcoa»cytotmMlar.withpoweroftle;thefallowandctri>edpwpwtyl
...................................................Cotdy, Mbatot
Mrt of Gowentent Lot 1 in Section 13, Town^o 13S, Range 39, deecrilta as Wlloft Ccetencing at tiie NorttieBst comer of said Secticn 13; thence njmlng on an
bearing due South, along the East section line thereof a distance of 2,567 feet;
the.noe North 85* 8' Hast a distanen of 1,209.5 feet to the point of beginning of the
within deecrihed tract; t'"<rce North 85* 8' ’test 63 feet; thence South 2* 38' East 120 feet. More or lees, to the water's edge of Rush Lake; thence Easterly along said
lake 60 feet to a point locabed on a line bearing South 1* 8* East fren the point of beginning; thence NorUi 1* 8' West 113 feet nore or less to the point cf beginning.
Mth
All that pr-c of Lot 1, St. levrenoe Beach, lying westerly of line drc>w between the following two points loeated on the ncrthrxly and southerly bomdarie^ iwspectively,
of lot 1, to-^t: Ocenencing at the North^Mst comer of Section 13, lo>dnahip 135,
Itange 39, thenot. cunning on an asstamd bearing of South along the easterly line of Section 13, a distance of 2,567 feet; thence North 85 degreea 8 ednutes Mist a distance
of 1,241 feet to thb northerly point of said line, thenoe North 85 dagraas 8 einutae But 31.5 feet; tiienot South 2 degreea 38 adnutea Eaet 120 fdat to the Atoce of Rail
Isdce; thenoe wsaterly along aaid lake 30 feet to the aoutherly point of Mid line.
AM):
That part of Oovecner^it Lot 1, Section 21, TOiaMhlp 134, R»ge 38, ileecriheil aa ftollnwei
Ccsnenc ing at the Northeast earner of said Secticn 21 r thenoe on an aaatued bearing of South 00* 38 ' 40* Meet cn the Easterly line of said Section 21 for a distance of
834.03 feet; thenoe on a bearing of Nest for a distanoe of 609.7 feet; thenoe North 57* 27' Wset 350 feet to point of beginning of tract to be daacribed; thenoe North
57* 27' Nest 199.53 feet; thenoe South 00* 06' Nest 172 feet aore or lass to the Moreline of West Leaf Lt>' y; thenoe Southeasterly on said *(oontinued on back)
which hm the addmi of .
Mill -vxi .........................>1
|Sk«M|
("Property Addrcn'*);
IC*»t
TixilTHtK With all ihc improtemcnls now or .icrcallcr 'rccted on the property, and all emcmeniv riplm.
appurtenanen. rrnl%. ru) altm. mineral, oil and gat rights and pr>. Jts. araicr nghu and stock and all Ixluret now or hneafter a pan oi ihr property All repUcemenlt and addinonsth^aho be covered by thaSecunly Insiroineiit. Alloftbc
forcgiang is referred lo in (his Security Inttnimenl at the "Property."
Roaaoair CmissNTs that Borrower is lawfully seiied of the ettale herrhy ci nveyed and hat the nghl to
mongage. grant and con<cy the Property and that the Property » unencumbered, etcepi ir tncumbrancct of record.
Borrower warrants and w.ll defend generally the Ittie lo Ihc P.xipcrty against .11 claims ari femandt, sut^t lo any
encumtiraiu'cs of record
nits Sid anv iNsiatstlNT combinct uniform covenants for national utc and non-uniform covenants with
hmiicd sanations by junidic'ion lo consiiluie a uniform sacurdy insirumenl cosenng real property
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MINNESOTA- S<n|i, r,miiy-rNMA/FHLMC UNtrOtIM WtSTtruMCNT Ntm MM II/U
oeMSse<Ka»a«*ss«MCO tNMwyUS I tbs>» MS «a a
jflirvk law olhcr«• i%«i. (h« i.i>H ipKil). i» Ui« (lii tiM •ction rc^«re4 (o cure tiM
fcfMli. (<i ■ 4M*. M ttw ikM 30 0a>* ' mb Ihi OMt %« ■iMM Is oiita M Bwraocr, by abKlI Ih* Oa<aB:i mtm* be nnOt
m4 ld> IbM ItJmt *• nr* riM •* m balbrr Mt Om iporiM <■ Mm Mda mtf nmill Im mutmrmUmm W *• MM
10 «M of ■ hMm of Mlilo fei 1
iWori
I if dll
.VoMori
tte property on the ettaefaed odhihit * ”**
* -as
tronool ...........................................CoMMyi
Oedrfi............................*yol...A””Qr..........1*99. ..befoKi
. JpJUwd. . lUi tskci .«iid. CJuroJLyo. J6.. JUltsXe.. iiuKband. Md. Mi Ai.»«oly kaoM lo be do fMMa<t) dMcribed io ood who caocoMd ibe i
■t Xhey. Minerd iho mh ok.. .tbKLr.
My(
mi leokpHVMily... .VfkKTy. .TAV^A.........................of..........¥f^9M.
*(aantinued fra ficent)
dnreline for a distance of 180 feet sore or leas to the interaaction with a line
projected at a bearing of South 09* 34 * 27* Nest fron point of beginning; thonoe
North 09* 34* 27* Bast 1S3 feet eore or less to point of beginning «»»»in<tig .68
of an acre note or lass, together with and subject to a non-eaeclusive road easroen
ewer a strip of land 33 test wide bordering along the North line of the tract of
land conveyed to the parties of the first part herein deerribad in that certain
deed dated and filed of record August 6, 1963 in Book 378 of Deeds, page 359.
~ See attached exhibits *A* and *B* for additional parcels.
'■ i. S"'
W -w i ii Ns iU
Rolland Klitzke
Route #3, Box 197
Perhara, MN 56573
Dear Mr. Klitzke:J
it
./t
I talked to Mr. Glass regarding the filing of your contract for
deed.
He indicates to me that your lot was divided many years ago. I
enclose a drawing from Mr. Glass' abstract. Lot C is his home
and Lot D is the property you are buying. All of these lots
were subdivided back in the 1960's and the plat was filed at
that time in the courthouse.
I would think this information would be helpful to you in
obtaining your variance.
'I am requesting from the county recorder today that she send to
you a certified copy of the plat.
If you have any questions please let me know.
Very truly yours,
Harry J. Taves
HJT:rt
Enclosure
. v^'
4 > w '-'A
(^ fi. ] (fj-^^ 7 ^c? f’
)C
^ a-j^ ■ • a s'Bruxoecj rtr^l'
Id St^otion i.1 for a distance of 834,03 faei »fH#
5
O jp■L « ot eaitJ otiuciwi-. .t-J- a ^4.oua.iiu« wi. o-^t. ua f »et; thOJ-VCe
*'***^”^f' 609-7 feet;thonoe Worth 27' West 240,4 feet to point "edlthence Worth 57® 27' West 109.60 feet;ther.ce South 09* 34'
or less to the shoreline of West Leaf Lake;thonce Southeasterly on ster^ |^ -distanorof IID feet more or less to the intersection with a line project^ at a heari^
T'south 13° 13' 32" West from point of begimving;thence Worth 13 la' 32 East 207 feet *ore or Xeso
to point of befjinning oontaining .44 of an acre more or less.
...
• ■■
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r''-%:
That fiart of Government Lot 1,Motion 21,Tovmship 134,Range 38,Otter Tail County,Minnesota deeoribwj
fis follows: Commencing at t^e Lortheast comer of said Section 21;thence on an aasumed bearing of
couth 00° 38' 40" West on the Easterly' line of said section 21 for a dietaxuae of 854.03 f«ot;thenoe
■ - . ..^t- ! ^
,-..1 e
.li
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K*M- .
on a bearing of West for a distance of 609.7 feet;thenoo North 57° 27' West 350 feet to point of
beginiring of txact to be described;thence North 57° 27' West 190,53 feet;thence douth 00* 06' West
172 feet n;ore or less to the shoreline of West Leaf Lake/thenoe Sout!^ifeiSt®ri-y saifi IribapeXins for
a distance of 180 feet more or less to the intersection with a lino projected at a bearing of ,1; ,
South 09* 34' 27" West from point of beginning;thence North 09° 34' 27" East 183 feet .ore or lees ' 'C ,?'!/«
to point of bejinning oontaining .68 of an acre more or loss. • - f
would suggest that you continue to use the existing road easeroant as appearing in deeds of puJ>lio re* ’
/IJaaant tracts* .'T- *' ’
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Harry J. Taves
ATTORNEY AT LAW
13 Southeast Colfax avenue
P.O. Box A86
WAOENA, Minnesota 56482
218-631 -3667
^^&RESOuhce
received
to Rolland Klitzke
Route 3, Box 197
Perham, MN 56573
DATE February 27, 1989
subject Duane Glass matter
Dear Hr. Klitzke:
I enclose the certificate of survey made by Oslund on November 26,
1975, concerning Mr. Glass' dots. Please note that these lots
were originally surveyed on July 12, 1960.
Please present this certificate at the hearing on your variance.
If you have any further questions please let me know.
Thank you.
Very truly yours,
Harry J. Taves
HJT:rt
Enclosure
3
Boar) of AdJjstment - 2 -May 4. 1989
EARL WALLEN APPROVED
JEROME A. VOELLCR APPROVED
GEORGE BERGEM
DENIED
* A^SROLLAND KL}TZKE|'approved
MICHAEL MUSTON
DENIED
ADJOURNMENT
Ear1 Wa11en, Fargo, NO, requested permission to split a parcel of
land of less than 2.5 acres Into tMo parcels. Including Lots 9 &
10, Pelican Beach, and parts of G.L 8 & 6, Section 2, Scambler
Township on Pelican Lake. After considerable discussion, motion
was made by John Everts to approve. Improvement over an existing
situation, not creating anything substandard, subject to surveyor's
drawing. The motion was seconded by Cecil Femling and carried with
Craig Anderson voting "no".
Jerome A. Voeller, Fergus Falls, MN, requested permission to construct
a 26' X 40' storage garage 3' from east property line, 10' from town
ship right-of-way, on Lot 6, North Shore Park, Elizabeth Township on
Jewett Lake. After consideration, motion was made by Craig Ander
son and seconded by John Everts to grant approval, with the provision
that both the small buildings that are on the lot line will be removed.
Motion was made by George Walter to amend, to place the garage 15'
from road right-of-way, but was withdrawn prior to a second. The
motion carried in Its original form.
George Bergem, Underwood, MN, request tabled from the February meeting,
to construct dwelling 100' from Anna Lake, In the SWsSWJj of Section 4,
Sverdrup Township, was denied upon motion made by John Everts, seconded
by Craig Anderson and carried with Cecil Femling voting "no".
Rolland Klitzke, Perham, MN, tabled from the April meeting, requested
permission to sell a parcel. Identified at Parcel D on a surveyor's
drawing of 1960. Motion was made by Craig Anderson, seconded by
Dan Oehler and unanimously carried, to approve, being the last piece
of property along this beach with a public road for access.
Michael Muston, request tabled from the November, 1988, February and
April meetings of 1989, was denied upon motion made by Daniel Oehler,
seconded by John Everts and unanimously carried.
With no further business. Chairman Walter declared the meeting
adjourned at 9:10 p.m..
. "I, t ^ (3/
Secrfttary ^
OU HilJ
6
Board of Adjustment - 2 - April 6, 1989
CHARLES FOSTER APPROVED
ROBERT NARVESON APPROVED
ARDEN L. LARSON
APPROVED
GORDY DARKEN APPROVED
KULLANU KLirZKl
fAULLU
DONALD V.
DENIED
T0RGER50N
TERRY V. HASTUEET
Kl APPROVED
»2 DENIED
Charles Foster, Arthur, NO, requested permission to construct add'n
to cabin, closer to lake than cabin, 8' from lot line, on Lot 2,
Grobe Beach, Little Pelican Lake in Dunn Township. After consideration
motion was made by John Everts to allow, utilizing the "string test"
between similar structures on either side, no closer to lot line than
existing structure. The motion was seconded by Cecil Fmnling and
carried unanimously.
Robert Narveson, Lincoln, NE, requested permission to replace an
existing 6' x 6' add'n to cottage with an 8' x 18' addition, to
Cottage 12, Woodlawn Resort, no closer to lake than existing cottage,
in Lot 5, Section 6, Girard Township on Blanche Lake. JOhn Everts
represented the applicant who was unable to be present. After con*
sideration, motion was made by Craig Anderson to approve, to allow
would be upgrading a present situation. The motion was seconded by
Cecil Femling and carried with John Everts abstaining.
Arden L. Larson, Fergus Falls, NN, requested permission to split off
a 1.2 acre parcel from a parcel in the N>jSE»i of Section 28, Fergus
Falls Township, adjacent to the Fergus Falls City Limits. After con
sideration, and listening to the various interested parties, motion
was made by Craig Anderson to approve, provided a surveyor's drawing
is submitted, hardship being by Jurisdiction of shoreland management,
it meets all provisions for platting with the exception of platting
itself, with ample footage to meet the requirements. The motion was
seconded by John Everts and carried unanimously.
Gordy Bakken, Fergus Falls. MN, requested permission to construct a
14' X 28' addition to existing garage, 4' from lot line, on Lot 2,
Isaacson's Add'n to Augustana & Jonelsa Beaches, on Otter Tail Lake
in Amor Township. After consideration and listening to the various
interested parties, motion was made by Dan Oehler to grant variance
as requested, hardship being a substandard lot of record, and an
improvement over the request of 1988. The motion was seconded by
Carl Johnson and unanimously carried.
Roll and Klitzke, Perham, MN, requested permission to record a document
of conveyance dated in May of 1984, based on a survey completed tn
1960, In G.L. 1. Section 21, Otter Tall Township on West Leaf Lake.
Lawrence Klimeck speaking. Motion was made by Dan Oehler, seconded
by Craig Anderson and unanimously carried, to table until the May
meeting for additional information and clarification.
Donald V. Torgerson, Richville, MN, requested permission to place a
structure 140' from Dead Lake, on Lot 6, Block 1, Larsen's Mlnasha-Da
Dead Lake Township. Motion was made by John Everts, seconded by
Cecil and unanimously carried, to deny, no adequate hardship shown.
Terry V. Wastweet, Fargo, NO, requested permission to record a contract
for a parcel of less than 2ij acres, In G.L. 3, Section 13, Dora Town
ship on West McDonald Lake. After consideration and listening to
the various interested parties, motion was made by Carl Johnsqn to
allow recording tKe document, depicted as Parcel II on an accompanying
drawing, containing 226 feet on the lake, with 1B0' in rear with
a depth of approximately 200', provided that the balance of the
property be attached and remain forever attached to Lot 40, National
Community Service Camp. The motion was seconded by Cecil Famling and
carried unanimously. A second request to split the parcel so split
Into two parcels was denied upon motion made by Craig Anderson, seconded
by Carl Johnson and unanimously carried.
4-n-S9
youA Va/Uanc& Apptication mu tabtad at thz kpfUl 6, 19S9 meeting
the BaoAd Adjiutment.
Ill '-S >
you have any queitions Aegcuiding tfvU matteA, ptea&e contact SyZvta
BeAgeAud, County AuditoA, Count Hou6e, FeAgtu Falti, MW 56537.
CC: Sylvia BeAgenud
(/HTR TAIL COUNTY __
Tercus Falls, Minnesota 56537
NOTICE or HEARING FOR VARIANCE
APPLICANT MUST bE PitESENl' AT SCIIEUULED llEAltlNC
TO WHOM IT MAY CONCERN:
Holland Robert Klitzke
Rt. 3 Box 197
Perham, MN. 56573
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 or the
Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble
30 . .for this hearing on April 6th 19 89 » at 8 p.m. , in the Commissioners
Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use Law Enforcement
entrance).
This notice is to advise you that you may attend the above hearing and express your
views on the variance requested.
The property concerned in the application is legally described as
Pt. of GL # 1
Lake No. ^6-11 <^ec . 21 •j’^^p_134
Lake Name --------West Leaf Lake
Range 38 Twp. Name Otter Tail
Class RD
The variance requested is:
Request of this variance is to record the plat which was purchased
from Duane Glass on May 4, 1984. I have a certificate of a survey
made by Robert B. Oslund and Associates, dated November 26, 1975,
originally surveyed on July 12, 1960, at which time the subdivision
was completed.
___March 20, 1989
OTTER TAIL COUNTY
Fergus Falls, Minnesota
STATE OF MINNESOTA)
SS
COUNTY OF OTTER TAIL)
I Sylvia G. Bergerud, Secretary for the Board of Adjustment for Otter Tail
County, Minnesota do hereby certify that on the 20th day of March . 1989
the attached Notice of Hearing was duly served upon the following:
Rolland Robert Klitzke , Rt. 3 Box 197, Perham, MN. 56573
Mar^Janc- Moyer >—Tw^.-.Clork of Leaf Lake , —2—&jX~197 ,mi. s 0 961
Neil & Janet Misegades, 19528 Oxley Ave, Hastings, Mn. 55033
Norvald & Edith Nielsen, 3023 S. 118 St., Omaha, Neb. 68144
Duane & Edna Glass, Rt. 2 Box 157, Henning, MN. 56551
Clifford Greenwood Jr. et al, Rt. 1, Bertha, MN. 56437
Vernon & Sharon Witt Jr., Rt. 2 Box 159, Henning, MN. 56551
Michael & Shelia Buckley, 5640 140th Lane NW, Anoka, Mn. 55303
Daniel & Joyce Petersen, Rt. 2, Henning,MN. 56551
Donald Dreyer, Twp. Clerk of Otter tail, Rt. 1 Box 578, Ottertail, Mn 56571
Dennis Berend, County Engineer, Court House, Fergus Falls, MN 56537
Orlin Emerson, Rt. 1 Box 144, Dent, MN. 56528
Mr. Terry Lejcher, DNR, 1221^5 E. Fir Ave., Fergus Falls, MN 56537
Department of Natural Resources, Regional Administrator,
2115 Birchmont Beach Road NE, Bemidji, MN 56601
Town Board Chairman or Clerk
Brian Krawiecki, Health Department, Court House, Fergus Falls, MN 56537
Board of Adjustment:
Craig Anderson, RR. Ottertail, MN 56571
John Everts, Route 2, Battle Lake, MN 56515
George Walter, Rt. 1, Perham, MN 56573
David Trites, Rt. 1 Parkers Prairie, MN 56361
Carl T. Johnson, RR. Lake Lida, Vergas, MN 56587
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, Minnesota, jiroperly
addressed to each of the above named at the addresses shown above.
Dated March 20, 1989
Secretary
SCANNED