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HomeMy WebLinkAbout61000010001000_Conditional Use Permits_07-08-2009l-6-2oO^, OTTER TAIL COUNTY Conditional Use Permit # l.st? Owner’s Name ^ /J if (a ' Lc jUt,iOL~ ryProperty Address Location: Lakef^Sec. f Twp. /^I Range Qi-m-oi- odci-o^ Twp. Name, Cat\/en-fetr ctftfiStt^ dte<vn•to 0»^K\i«^<Ll flyaAft.. rij loO>J/fs ff Zy^coot-ttlr :^>on (nSHbUUft <t/C. ^ /a*' 6»e^ fat^ron on ls’",-hte. ^ •twv*«.ll 4C' * l3d" gcf j- ^ov^r^/ ^ /? a 'J, -^ Uri ^FrER-TTre-E»T Ptf-ri.f -^/3o/e9 Work Authorized: j»vsv«m_•<• Set' \ Land a^ flesource Wanagement Official / Date Valid: 1. Entire area shall be stabilized within 10 days of the completion of any earthmoving unless otherwise stated. 2. Owner is legally responsible for all surface water drainage that may occur. 3. If the terms of this permit are violated the entire permit may be revoked and the owner may be subject to legal prosecution. 4. This card shall be placed in a conspicuous place not more than 4 feet above grade on the premises on which work is to be done, and shall be maintained there until completion of such work. 5. NOTIFY DEPARTMENT OF LAND AND RESOURCE MANAGEMENT,TELEPHONE (218) 998-8095, WHEN AUTHORIZED WORK HAS BEEN COMPLETED.BK-1004-046 319.M3 • ViOor Limaa^n Co.. Pnntef* • Fwgos FaHs, MN ■ 1-600-346-4670 crftvr,:n 1061084 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #__ was filed/recorded in this office for recot;d on the day of 2nntj atJllSa. 1061084 anvpr^ rd<iordingfee well certificate RECEIVED JUL 3 1 2009 Wendy luMetcmf,by;l LAND & RESOURCE 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 Tall County’s Website: www.co.ottertail.mn.us a/ Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Numbeii_ Accepted By / Date v|n[o| PROPERTY 0WNER(^9 I a MAILING ADDRESS LAKE NUMBER SECTION PARCEL NUMBER Lllj3) q-qL{~ ^looDAYTIME PHONE 6^*' LAKE NAME ^ y0(iinrUttpli5 35'‘ilL Tmina TTg: LAKE CLASS / \HHTOWNSHIPRANGE TOWNSHIP NAME irv. E-911 ADDRESSU l-ovfhcl - ¥ULEGAL DESCRIPTION p A„] iZ ^-^aJftt CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) Topographicai Aiteratiotf'^^^'-'^^ommercial Use Forest Land Conversion C^Miscelianeous^ __ Ciuster Development Extractive Use Industriai Use SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. K^\oX\ dtlvit'i ^OTiisinc miu/t O'i'f' "fwn (siitck-* (, C <2. - IfC 3 2^' ckd'^Ck \00 f-o 1 r <O?S' (k- 0 :^Ua(ied \yd'^ c/l [S'" fr'le 0 ^[ofycreH. ^ 0 k. *i6' 0 ^ (PO fj ^ ^ r 0v\ 3'd twUrf3^a A5"-F A''“'it I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND. .R PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO rNAGEMENT REGARDING THIS MATTER. I ALSO UNDERSTAND THj^OT CONTACT LAND & RESj^RCE^ SIGNATURE OF P^PERTY OWNER (S)DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) mUJLlTimeDate Of Planning Commission Hearing /1 Planning Commission Motion July 8. 2009 - Motion: A motion by Trites, second by Boyer to approve as presented. Chairman/otter T^il County Planning Commission County Board Action Approved As Recommended Denied As Recommended Other Chairman/Otter Tail County Board of Commissioners Date of Final Action S'H y l/3o/o<y y L & R Official/Date t CONDITIONAL USE PERMIT # Permit(s) required from Land & Resource Management NoYes (Contact Land & Resource Management) 0 P'Copy of Application Mailed to Applicant, Co. Assessor and MN DNR 7 L & R Officiaf/Date^ bk 0204-006 317,339 • Vidor Lundeen Co., Printers • Fergus Falls, Minnesota ' .« 873836 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this Instrument #_________ was flled/recorded in this office for reco^^n the_/ No delinquent taxes and transfer entered; Certificate of Real Estate Value ( /^led ( ^not required 873836 06610-2 ^ -£lP/^O^JrJwjr / . 2000 .day of.^000 at IO -OQ^^?j3m W« ^ County Auditor by: I l^SD/0 ^Bconfi .well certificate ------------------------------------------------------------- t'f W m'A ^f («! OOO 1-3^005300} 000 /a 0QS3 CONTRACT FOR DEED BY Individual to Individual MORTGAGE REGISTRY TAX DUE HEREON: $ j_, 2000Date: December THIS CONTRACT FOR DEED is made on the above date by ROBERT S. PIEKARSKI, a single man. Seller (whether one or more), and WENTWORTH LEASING, Purchaser. Seller and Purchaser agree to the following terms: 1. PROPERTY DESCRIPTION. Seller hereby sells and Purchaser hereby buys real property in Otter Tail County, Minnesota, described as follows: The East Half (EVz) of Section One (1) and the South Half of the Northeast Quarter (SV^NEW) and the Northeast Quarter of the Northeast Quarter (NE14NEV4) of Section Twelve (12), all in Township One Hundred Thirty-one (131) North, Range Forty-four (44) West, Otter Tail County, Minnesota, excepting two tracts of land described as follows: Exception 1: That part of the Northeast Quarter of the Southeast Quarter (NE14SE14) and that part of the Northwest Quarter of the Southeast Quarter (NWWSE‘>4) of Section One (1), Township One Hundred Thirty- one (131) North, Range Forty-four (44) West, Otter Tail County, Minnesota, described as follows: Commencing at the East Quarter Section comer of said Section 1; thence North 89 degrees 54 minutes 56 seconds West (assumed bearing) along the East-West Quarter Section line of said Section 1 a distance of 673.58 feet to the point of beginning; thence South 00 degrees 05 minutes 04 seconds West a distance of 439.77 feet; thence North 86 degrees 50 minutes 30 seconds West a distance of 717.74 feet; thence North (X) degrees 05 minutes 04 seconds East a distance of 401.28 feet to the East-West Quarter Section line of said Section 1; thence South 89 degrees 54 minutes 56 seconds East along said East-West Quarter Section line a distance of 716.70 feet to the point of beginning, containing 6.92 acres. Subject to an easement for township road purposes along the North line thereof. Exception 2: That part of the Northeast (Quarter of the Southeast (Quarter (NE’4SEV4) and that part of the Northwest Quarter of the Southeast Quarter (NWV4SE‘>4) and that part of the Southwest Quarter of the Northeast Quarter (SW‘/4NE!4) and that part of the Southeast (Quarter of the Northeast Quarter (SEV4NE*/4), all in Section One (1), Township One Hundred Thirty-one (131) North, Range Forty-four (44) West, Otter Tail County, Minnesota, described as follows: Commencing at the East (Quarter Section comer of said Section 1; thence North 89 degrees 54 minutes 56 seconds West (assumed bearing) along the East-West Quarter Section line of said Section 1 a distance of 673.58 feet to the point of beginning; thence South 00 degrees 05 minutes 04 seconds West a distance of 439.77 feet; thence North 86 degrees 50 minutes 30 seconds West a distance of 717.74 feet; thence South 74 degrees 11 minutes 27 seconds East a distance of 336.40 feet; thence South 89 degrees 54 minutes 56 seconds East a distance of 442.89 feet; thence North 00 degrees 05 minutes 04 seconds East a distance of 627.45 feet; thence North 89 degrees 54 minutes 56 seconds West a distance of 766.70 feet; thence South 00 degrees 05 minutes 04 seconds West a distance of 135.00 feet to the East-West Quarter Section line of said Section 1; thence South 89 degrees 54 minutes 56 seconds East along said East-West Quarter Section line a distance of 716.70 feet to the point of beginning; containing 3.79 acres; Subject to any easements or restrictions of record and together with an easement for ingress and egress purposes, said easement described as follows: Commencing at the Northwest comer of the first excepted tract 2 of land; thence South 00 degrees 05 minutes 04 seconds West along the West line of the aforedescribed parcel of land a distance of 34.00 feet to the southerly right-of-way line of the Township Road, said point being the point of beginning; thence continuing South 00 degrees 05 minutes 04 seconds West along said West line a distance of 150.00 feet; thence South 89 degrees 54 minutes 56 seconds East a distance of 33.00 feet; thence North 00 degrees 05 minutes 04 seconds East a distance of 150.28 feet to the southerly right-of-way line of said Township Road; thence South 89 degrees 36 minutes 17 seconds West along said right-of-way line a distance of 33.00 feet to the point of beginning. together with all hereditaments and appurtenances belonging thereto (the Property). 2. TITLE. Seller warrants that title to the Property is, on the date of this contract, subject only to the following exceptions: Covenants, conditions, restrictions, declarations and easements of record, if any; Reservations of minerals or mineral rights by the State of Minnesota,if any; Building, zoning and subdivision laws and regulations; The lien of real estate taxes and installments of special assessments which are payable by Purchaser pursuant to paragraph 6 of this contract; and The following liens or encumbrances: Mortgage deed in favor of Norwest Bank Minnesota West, National Association, dated February 22, 1991, filed February 26, 1991, and recorded in the office of the County Recorder, Otter Tail County, Minnesota, as Document No. 710496 in the principal sum of $49,000.00. (a) (b) (c) (d) (e) 1. 3. DELIVERY OF DEED AND EVIDENCE OF TITLE. Upon Purchaser’s prompt and full performance of this contract, Seller shall. Execute, acknowledge and deliver to Purchaser a Warranty Deed, in recordable form, conveying marketable title to Property to Purchaser, subject only to the following exceptions: (a) Those exceptions referred to in paragraph 2(a), (b), (c) and (d) of this contract; (i) 3 OTC Board of Commissioners’ Minutes July 14, 2009 Page 4 Yea Nay Abstain Commissioner Rogness Commissioner Huebsch Commissioner Lindquist Commissioner Froemming Commissioner Erickson X X X X X Motion by Erickson, second by Lindquist, to deny a Conditional Use Permit to erect a 70’ wind tower and turbine for electrical generation at the Daniel & Betty Strang property as presented. Chairman Erickson called for a roll call vote. The motion failed with Lindquist and Erickson in favor, Huebsch and Froemming opposed and Rogness abstaining. In consideration of the 80’ wind tower request at the Wegscheid property, discussion took place regarding tabling the request. Motion by Huebsch, second by Froemming, and carried with Erickson opposed, to table the Conditional Use Permit requests of Daniel & Betty Strang and Thomas & Georgette Wegscheid until October 1, 2009, with agreement from the applicants to waive the 60-day notice rule. Tabling will allow time to provide direction on how to apply the guidelines. The CUP requests will be scheduled for reconsideration at the County Board meeting on September 29, 2009. The Strang property is described as 31c, 32, & 33 Birchwood Subdivision, Section 11 of Edna Township; Moenkedick Lake (56-336), NE. The Wegscheid property is described as Lot 1 BIk 3 Juniper Hills & und 1/17*^ Int in Res A BIk 1, Section 1, Dead Lake Township; Marion Lake (56-243), GD. / Conditional Use Permit - Hagen’s Point Resort/Allen Chase:/^4^tion by Erickson, second by Froemming, and carried with Lindquist opposed, to approve a ^Conditional Use Permit to reorganize the resort with a total of 26 units with conditions as recommended by the Planning Commission. The property is described as Pt of Government Lots 8 & 9, (63.40 AC), Section 6 of Sverdrup Township; Pleasant Lake (56-449), RD. Conditional Use Permit - Wentworth Leasina/Laurence F. LeJeune: i J^tion by Huebsch, second by Rogness, and carried with Lindquist abstaining, to approve an after- *^the-fact Conditional Use Permit to install a culvert and remove silt from a ditch as presented. The property is described as SE% ex flowage ex tracts (136.89 AC), Section 1 of Western Township: Faunce Lake (56-954), NE & Unnamed Tributaries (56-TR), TR. Plats Motion by Erickson, second by Froemming, and unanimously carried to approve an extension, until eptember 1, 2009, for filing the Final Plat owned by David & Wendy Haugurd entitled “Hidden Shores Addition" located on Grove Lake.I potion by Rogness, second by Lindquist, and unanimously carried to approve an extension, until ^/'^ecember 31, 2009, for filing the Final Plat entitled “Pelican Point First Addition” located on Pelican Lake. potion by Froemming, second by Lindquist and unanimously carried to approve the Final Plat owned by Shorma Family Trust entitled “McDowell Acres” which is a 1 lot subdivision in Sections 21 & 28 of ^ Otter Tail Township on Otter Tail Lake. otter Tail County, Planning Commission July 8, 2009 - Page 4 Wentworth Leasinq/Laurence F. LeJeune - Approved As Presented: A Conditional Use Permit Application (as stated by the Applicant): This is an After-The-Fact Request. Install culvert for crossing and remove silt from ditch: 1. Clean ditch to original grade. 2. Remove 100 yds of silt. 3. 24” concrete apron installed on 165^^ C/L. 4. 18” concrete apron installed on 15” tile. 5. Install 46’ of 30” RCP and cover with approx. 3’ of black dirt, approx. 100 yds NW of 165‘^ The property is described as SE1/4 ex flowage ex tracts (136.89 AC), Section 1 of Western Township: Faunce Lake (56-954), NE & Unnamed Tributaries (56-TR), TR. David Stock represented the Application. Motion: A motion by Trites, second by Boyer to approve as presented. Voting: All members in favor. No Formal Action: Bill Kalar discussed with the Planning Commission their concerns regarding wind tower applications. He will inform the County Board that the Planning Commission is having difficulty and struggling (safety, aesthetics, & noise) with wind turbine requests. It appears that there should be some criteria and/or guidelines to use when considering these requests. Also, maybe a 6 month moratorium would allow some time to address this issue. Bill Kalar informed the Commission that the court did not rule favorably for Otter Tail County (County) on the appeal by Pierre DuCharme for his proposed cluster development (Star Lake). The court found that the 4 reasons that the County used to support their denial were not adequate. Adjourn: At 10:04 P.M., Chairman Olson set the Meeting. The next Meeting is scheduled for 6:30 P.M. on August 12, 2009. Respectfully submitted. Marsha Bowman Recording Secretary CA'V'—■ OTTER TAIL COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING APPLICANT:Wentworth Leasing c/o Laurence F. LeJeune 9393 Wayzata Blvd. Minneapolis, MN 55426 HEARING DATE/LOCATION: July 8, 2009 at 8:30 P.M. ** Commissioner's Room, Government Services Center West Fir Fergus Falls, MN 56537 CONDITIONAL USE PERMIT APPLICATION REQUEST {as stated by the Applicant): This is an After-The-Fact Request - Install culvert for crossing and remove silt from ditch: 1. Clean ditch to original grade. 2. Remove 100 yds of silt. 3. 24” concrete apron installed on 165''' C/L. 4. 18” concrete apron installed on 15” tile. 5. Install 46’ of 30" RCP and cover with approx. 3’ of black dirt, approx. 100 yds NW of 165'^ LAKE NAME/NUMBER/CLASS: Faunce Lake (56-954), NE & Unnamed Tributaries (56- TR), TR E-911 ADDRESS: N/A (Approx. V2 mile N of Co Hwy 112) SE1/4 ex flowage ex tracts (136.89 AC), Section 1 of WesternLEGAL DESCRIPTION: Township ** Weather Conditions may change the Hearing date and time. If bad weather occurs, please listen to the locai 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 ManagementOffice at the above address; INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING. June 24. 2009 Mailing Date Bert Olson Chairman Plannirig Commission J l(J Harcel GISMO Output- NOT a Legal Document http://www.ottertailcounty.net/servlet/com.esri.esrimap.Esrimap.. Otter Tail County Parcel GISMO L< to M wf Afp FOR REFERENCE USE ONLY - Copvright (C) 2D09 Otter Tail County, MN T.131N. - R.44W^Western.s C2000 Climd Canotraphics. /nr. 5r. Claim UN S !See Paqe 31160TH ST i!•r-^081fi(£U$ 1S7TH STI!!1I !15I ! 155THST54I'ib 2 t 5! E i!■IS'5 P !"sss*n50TH ST r 150TH ST iiOTTER TAIL GOOSE GAME REFUGE !!II OHER TAIL GOOSE GAME REFUGE™ - i I!I %!7 !IISI!III !1210in 889!t iis!I<1 J!!I 11 Is!!I-!I 140TH ST 20!140TH ST ^sasE=04-!3!«!!Sim!I !!13!115161417171 of 1 !AA AIV!!S'. I II riL 4 t:SCAUE DRAWING FORM i1"t..I- +■ .. r.. •>• Tax Parcel Number(s) The scale drawing must include the outside dimension (lotlines) of the property above the ordinary high water level, and must identify the type, size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high water level(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations. L % Impervious Surface Ratio (Must Complete Worksheet On Other Side) Scale i f ! }»i-i-t!1.t:..j--i—::T 1 Hi..1„ iis-4--1 1- [It -I-A !r_-\1 (j .. I....I ,1 i I , Who i>T iI ' |-!| |TITI‘ 4-i (iIrr III4 4f■L .„44'h I j..“r II.i If4-.i .rI[<?.......i®lrt ti tILi\W..r„L_(tr j.-........................(■ I(-}rIIi._....._L -)fr I!1-I4-[r .1 „4II.1 \ xn ft i .1^4I.[.f-- .1tt9-l ■4T "I.4 IOI--f i"-It I\vI tf<rl i4,LI I I■■T44>_H (l£:P3oIIlZMIA1 4.4. J J I v> I■■4 4„L.f1 \|li 4( I4-.1 -.h-T I 4t-I 1 I“t-fr4+■tr Ii—4 r1:-4-4....■tTYIItI .,1,0-r—1— 4 41 ItftT"I tl—4- I J I 1 tr;'■4-s:1 j.1.i J 1TI).1 ---4 T..L..1i..I. ...LI- t i:I .4 t..L4-"'C4"IT itjfw;.L "4.."tt'i ■4 .1."14.til trt .1.4t.T [ I w),■| 4-L. 4..f.4.I f I ' 1 u IBK^ 0207T L ...A 4_....u r..j..... ! ^ Date I 't_i _ __ . t'Signature of Property Owner It ij [t Co). Pnnters .*. Fergus Falls i II-(I f-'i— MN... ...-1-800 I 4-C 16-48: 0-...t 329,086 ....... Victor.LundcJcn1 II . I I.rV 895681 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # _ was filed/recorded in this office for record on the 3 I day of ^ 2001 it Wendy L. Metcalf, County Recorder recording fee _well certificate No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( Certificate of Real Estate Value No. Ciojcv ( Wayne Stein, County Auditor 895681) not required. - 068999 ’ Ofcar) by;ohby Deputy CONTRACT^^R Individual to Joint Tenants As of May 1, 2001Dated: THIS CONTRACT FOR DEED is made on the above date by LAURENCE F. LEJEUNE and JEAN Y. LEJEUNE, husband and wife, Seller (whether one or more), and DAVID H. STOCK and DEBORAH S. STOCK, Purchasers, as joint tenants. Seller and Purchasers agree to the following terms: 1. PROPERTY DESCRIPTION. Seller hereby sells, and Purchasers hereby buy, real property in Otter Tail County, Minnesota, described as follows: All that part of the Southeast Quarter of Section 1, Township 131 North, Range 44 West of the Fifth Principal Meridian, Western Township, Otter Tail County, Minnesota lying west of the center line of a 12 foot wide easement, which center line commences at the Southeast Corner of Section 12, Township 131 North, Range 44 West of the Fifth Principal Meridian, Western Township, Otter Tail County, Minnesota (Corner Record No 750751); thence on an assumed bearing of North 1 degree 15 minutes 29 seconds East on and along the east line of said Section 12 a distance of 3642.65 feet to the point of beginning of the center line of said 12 foot wide road easement; thence North 88 degrees 12 minutes 30 seconds West a distance of 1167.20 feet; thence on a curve to the left, said curve having a central angle of 1 degree 00 minute 15 seconds, a radius of 5705.66 feet, a length of 100.00 feet, a tangent of 50.00 feet; thence North 89 degrees 12 minutes 45 seconds West a distance of 128.51 feet; thence on a curve to the left, said curve having a central angle of 17 degrees 04 minutes 48 seconds, a radius of 332.97 feet, a length of 99.26 feet, a Igl-OOO-Ol-OOO'-t-OO 1 hereby certify that the taxes for the veer ( tor the lands described within are paid. Countv Trenniirer tangent of 50.00 feet; thence South 75 degrees 12 minutes 43 seconds West a distance of 159.50 feet; thence on a curve to the right, said curve having a central angle of 62 degrees 18 minutes 35 seconds, a radius of 66.17 feet, a length of 71.96 feet, a tangent of 40.00 feet; thence North 42 degrees 28 minutes 42 seconds West a distance of 139.43 feet thence on a curve to the right, said curve having a central angle of 38 degrees 34 minutes 44 seconds, a radius of 142.86 feet, a length of 96.19 feet, a tangent of 50.00 feet; thence North 3 degrees 53 minutes 58 seconds West a distance of 142.07 feet; thence on a curve to the right, said curve having a central angle of 18 degrees 15 minutes 15 seconds, a radius of 311.22 feet, a length of 99.15 feet, a tangent of 50.00 feet; thence North 14 degrees 21 minutes 17 seconds East a distance of 130.26 feet; thence on a curve to the left, said curve having a central angle of 48 degrees 20 minutes 57 seconds, a radius of 89.11 feet, a length of 75.20 feet, a tangent of 40.00 feet; thence North 33 degrees 59 minutes 40 seconds West a distance of 558.71 feet; thence on a curve to the right, said curve having a central angle of 15 degrees 40 minutes 18 seconds, a radius of 363.32 feet, a length of 99.38 feet, a tangent of 50.00 feet; thence North 18 degrees 19 minutes 22 seconds West a distance of 248.42 feet; thence on a curve to the right, said curve having a central angle of 8 degrees 50 minutes 3 3/''s'i^conds, a, a length of 99|80] feet, a tangent of 50.00 feet; thence North 9'. degrees 28 minutes 49 seconds West a distance of 158.03 feet; thence on a curve to the right, said curve having a central angle of 13 degrees 47 minutes 41 seconds, a radius of 413.34 feet, a length of 99.52 feet, a tangent of 50.00 feet; thence North 4 degrees 18 minutes 52 seconds East a distance of 429.08 feet; thence on a curve to the left, said curve having a central angle of 12 degrees 24 minutes 12 seconds, a radius of 460.13 feet, a length of 99.61 feet, a tangent of 50.00 feet; thence North 8 degrees 05 minutes 20 seconds West a distance of 53.08 feet; thence on a curve to the left, said curve having a central angle of 18 degrees 07 minutes 10 seconds, a radius of 313.57 feet, a length of 99.17 feet, a tangent of 50.00 feet; thence North 26 degrees 12 minutes 30 seconds West a distance of 143.57 feet; thence on a curve to the left, said curve having a central angle of 12 degrees 28 minutes 22 seconds, a radius of 457.55 feet, a length of 99.61 feet, a tangent of 50.00 feet; thence North 38 degrees 40 minutes 52 seconds West a distance of 12.04 feet; thence on a curve to the left, said curve having a central angle of 28 degrees 25 minutes 14 seconds, a ; radius of 646.67 feet -2- radius of 157.96 feet, a length of 78.35 feet, a tangent of 40.00 feet; thence North 67 degrees 06 minutes 06 seconds West a distance of 17.10 feet; thence on a curve to the right, said curve having a central angle of 46 degrees 39 minutes 55 seconds, a radius of 92.73 feet, a length of 75.53 feet, a tangent of 40.00 feet; thence North 20 degrees 26 minutes 11 seconds West a distance of 47.74 feet; thence on a curve to the right, said curve having a central angle of 17 degrees 33 minutes 20 seconds, a radius of 323.81 feet, a length of 99.22 feet, a tangent of 50.00 feet; thence North 2 degrees 52 minutes 51 seconds West a distance of 90.19 feet; thence on a curve to the right, said curve having a central angle of 8 degrees 57 minutes 02 seconds, a radius of 638.83 feet, a length of 99.80 feet, a tangent of 50.00 feet; thence North 6 degrees 04 minutes 11 seconds East a distance of 233.76 feet; thence on a curve to the right, said curve having a central angle of 38 degrees 55 minutes 49 seconds, a radius of 141.47 feet, a length of 96.12 feet, a tangent of 50.00 feet; thence North 45 degrees 00 minutes 00 seconds East a distance of 56.60 feet to the east line of the Southwest Quarter of Section 1, Township 131 North, Range 44 West of the Fifth Principal Meridian and there terminating, lines of said 12 foot wide easement are to be extended or shortened to terminate on the said east line of the Southwest Quarter of Section 1, and subject to a 12.00 foot wide roadway easement for ingress and egress along the above-described centerline. The above-described tract contains 4.78 acres more or less; The side together with all hereditaments and appurtenances belonging thereto (the property). 2. TITLE■ Seller warrants that title to the property is, on the date of this contract, subject only to the following exceptions: (a) Covenants, conditions, restrictions, declarations and easements of record, if any; (b) Reservations of minerals or mineral rights by the State of Minnesota, if any; (c) Building, zoning and subdivision laws and regulations; (d) The lien of real estate taxes and installments of special assessments . which are payable by -3- /LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY, GOVERNMENT SERVICES CENTER, FERGUS FALLS, MN 56537 STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL ) I, Marsha Bowman, duly appointed and Acting Secretary of the Otter Tail County Plan^ion for Otter Tail County, Minnesota, do hereby certify that on U-W/K/y' , 2009, the attached Notice of Hearing and was dulyommissi _______-day of -------- served upon the following: the CourthouseCounty Sheriff County Highway Engineer Otter Tail COLA, John Matteson, 23562 W Silver Lk Rd, Battle Lake, MN 56515 MPCA, 116 E Front St., Detroit Lakes, MN 56501 Terry Lejcher, DNR, Div. of Waters, 1509 1st Ave N, Fergus Falls, MN 56537 Bruce Winterfeldt, DNR, Trails & Waterways Arlin Schalekamp, DNR, Div. of Fisheries Doug Hedtke, DNR, Div. of Wildlife Planning Commission Members (The above receive all Notices) Lake Improvement District (if project is located on their lake, mail Notices to the Lake Improvement District) Pelican^V^h, Bass & Little Pelicam,ge)iCai1^<^oup LakeJm^T”Disf>?|^red Manuel, 26271 Otoson RD_JIis South Turtle SouthJt«rtIeTake Imp. Dist^^3^i®T^er & Janet Johrts;^, 32790 Turtle Little Pine & Big^DtftS^^Rne Lakes Imp. Box'^Kl^Perham, MN Little McB(5n^, Kerbs S>R^I: McpefT^ Lakes Imp. DisLhHLBmcjLSSTP^am, City Clerk3i^^^^ed within 2 mlT^of a city) MNDOT Dist.^55in&r<0O Hwy 10 w3etnS5?lakes, MN 56501 (if located on a State or Fed Hwy) Adj^I5w^I' County Zonio&^^^tJministrator (If the CouBtyi^4Q,the “Buffer) - check their website for name/address Becker CAwiJty Audrtd»S^tify in addition to their Zoning Administrator) - check their website for name/address Per BK, do not notify individuals within a City Limit Same Envelope Lakes MN 56501 Ti, Underwood, MN 56586 56573 (^^ownship Cl^, sury^y^ (if appropriate), •T^nd inOS6 listed on tine attached sheet.... 1 by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and by depositing them in the U.S. Mail at Fergus Falls, MN, properly addressed to each of the above named at the addresses shown abo^j^ Secretary v / Uf parcel owner is “USA”, mail to Fish & Wildlife Service,18965 Co. Hwy 82, Fergus Falls, MN 56537f If parcel owner is “DNR”, ignore as they are receiving a notice as stated above If parcel owner is "St. of MN. 375 Centennial Bldg. Spec Asst, to Atty General St. Paul, MN “, mail to DNR Lands & Minerals 2115 Birchmont Beach Rd NE Bemidji, MN 56601 PC Affidavit 1/09 / PLAHHIHG COI^MESSiOK HOTIFIOATIOH WORKSHEET Applicant: t_Ql'iLake:Meeting Date: mAssigned To:Date Assigned: Return By:Completed: (t»2(S^ConditionaF Use App Mob' y< Mile Vz Mile (2640’) Preliminary Plat *Township / County Roads: Sherry (GIS) will get map, listing, labels (she has an advanced mapping system), unless it is adjacent to the parcel(s) that run the length of the road project. Be sure to list the road name(s) and the parcel number(s) involved with the project on this sheet for Sherry. / ^ to (Iwrm UllduLiS LUL SiSoo'0 6 PC;Worksheet Notification 09/08 Page 1 of 1OT.C Parcel GISMO Output- NOT a Legal Document http;//www.ottertaiIcounty.net/servlet/com.esri.esrimap.Esrimap?ServiceName=parcelsco... 06/19/2009 LIST PARCELS IN BUFFER 06/19/2009 Parcel Number Namel Name2 Street Addr Addr2 CSZ 01000060030000 JEFFREY J & DENISE J BUSKO 15655 172ND AVE S676 OAK LEAF LN 23070 OAK LEAF LN FERGUS FALLS MN 56537 785 BATTLE LAKE MN 56515 9109 BATTLE LAKE MN 56515 9109 01000060031000 HAROLD W BUSKO GENEVA J BUSKO01000060033000 UNITED STATES OF AMERICA01000060033001 GEORGE E & CAROLYN I SUND TST01000060034000 18040 COUNTY HIGHWAY 2 15545 ^UNTY HIGHWAYI 12 '16663^UNTY h1 GHWAYT 12 FERGUS FALLS MN 56537 771 FEROisTAU-'S 56537 725 FERGUS FALLS I^N 5M37 DAVID H & DEBORAH STOCK01000070035000 01000070037001 JOHN C BUSKO 61000010001000 WENTWORTH LEASING 9393 WAYZATA BLVD 16332 155TH ST 15545 COUNTYIhTgHWAY lT2f^ 29094 NORWAY Lake TRL 1028 1ST AVE N MINNEAPOLIS MN 55426 1862 ^ FiRGUSFALLS MN ^37 725 ^FERGUS FALL^ Mn”56537 725 jUNDERW^OD MN 76586 9435 IFERGUSFaIlsTiN 76537 ^T6 61000010001001 DALTON D a ROSE M JOSE 61000010001002 DAVID H a DEBORAH STOCK 61000010002000 BJ JENSEN LLC 61000010003000 PATRICIA STOCK TSTEE ET AL 1 61000010003001 UNITED STATES OF AMERICA 61000010004000 DIANE C MILLER TST 14165 WILDS PATH 15545 COUNTY HIGHWAY 112 ......15545 COUNTY HIGHWAY 112 .....; 15545 COUNTY HIGHWAY 112 I9393 WAYZATA bLvD^ PRIOR LAKE MN 55372 4467 FERGUS FALLS MN 56537 725 FERGUS FALLS MN 56537 725 FERGUS FALLS MN 56537 725 MINNEAPOLIS MN 55426 1862 61000010005000 DAVID H a DEBORAH STOCK DAVID H a DEBORAH STOCK DAVID H a DEBORAH STOCK WENTWORTH LEASING 61000120052001 61000120052900 61000120053001 Page 1 Ol'lJhJK lAllL lUiJUiMi 1 Grade & Fill Permit #n; Isavs PROPERTY OWNER UcS.;^^ / ^cK LAKE NO. SL- SEC. TWP. NAME WeS>H^r^ LEGAL DESCRIPTION; Se ^/h Plo«A)<y^5>c 4- C-Z-Tf*- /v/i V*y _SUy Ip PLy of . . . WORK AUTHORIZED ^S^^vL’U.M A/^ ^ y A S<0 V*/ '/z 4>f I tJcU V3t- !/Jftk #*- /"» "t'/'xv'cck*'VWt.«-cU iAJL. rJtU> $r^* ’Vtlc U)tli ^6>a.K\.g<--A tp 7*g 7~z^df<L«A-f^U.> aI^o^ •$"** l/v ~rUjt KJ£T uJ/(^»•^Q/in-ec. / ^c«-VV *Vc^>A.. i/\. NOTE; This card shall be placed in a conspicuous place not more than 4 feet above grade on the premises on which Work is to be done, & shall be maintained there until completion of such work. NOTIFY LAND & RESOURCE MANAGEMENT, 218-998-8095 WHEN AUTHORIZED WORK HAS BEEN COMPLETED. I /V ’CcVa,^ 1. EARTHMOVING SHALL BE DONE BETWEEN /o/gl/o*? & 2. Entire area shall be stabilized within 10 days of completion of any earthmoving. 3. Owner is legally responsible for all surface water drainage that may occur. 4. No fill shall enter or be taken from the beds of public water without a valid pernrjit from the MN Department of Natural Resources. 5. If the terms of this permit are violated, the entire permit may be revoked and the owner may be subject to legal prosecution. 6. Erosion control measures must be implemented prior to any topographical alterations. APPLICATION FOR GRADE & FILL PERMIT LAND & RESOURCE MANAGEMENT, COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 218-998-8095 www.co.otter-tail.mn.us Permit No. S» 7PLEi^SE PRINT OR TYPE ALL INFORMATION TWP NAMETWP. NO. RANGESECTIONLAKE/RIVER CLASS LAKE/RIVER NAMELAKE/RIVER # €’6'95’^ /^dunc^ AdJio , ,, (£)/ c? 4) OO 1 O (jui/chj* -^^ISrOPERTY (E-91 1) ADDRESS 6 /060 ^ PARCEL NUMBER(S) si/vt 4LEG.AL DESCRIPTION ,<*\ ^yA/^ df /Vi"/ It DAYTIME Phone No.Mailing Address_________________________ 93^ \A/ay /S3^^ ^ li^/ (‘'i' s,$i i 73HZ0ZD InitialFirstLast Name Property Owner Oqci'y Contractor Name TTV/^ /dj /e « a/-<s£y (QSS'j» 50Lie. # NOTES: 1. The lotlines and project area(s) must be staked. 2. If project disturbs more than 1 acre of land you are required to obtain a General Storm Water Permit from the MPCA. Received DATEL&R Official PROJECT REQUEST (You may use the grid on back for required scaie drawing): DESCRiBE YOUR PROJECT(S)::5'^ />! Aj J/yjjZll< ’/d T JlirfDETAILED INFORMATION: AREA TO BE CUT/EXCAVATED: /)<!33SZ6/r Yds^Ft. X Ft. X Ft. - 27 = Length Width Ave. Depth Yds^WALK-OUT BASEMENT PROJECTS: (Outside of the building foundation) Ft. X Ft. X Ft. - 27 = Length Width Ave. Depth Yds^AREA TO BE FILLED/LEVELED;Ft. X Ft. X Ft. - 27 = Length Width Ave. Depth Yds^TOTAL EARTHMOVING REQUESTED = BACKFILL AT FOUNDATION:Ft.Ft. Max. Depth Distance From Foundation CULVERT:If Yes, must indicate size and iocation on drawing. Yes No IMPERVIOUS SURFACE:% icJsW SIGNATURftoF PROPEI IWNER/AGENT FOR OWNER DATE RECEIPT NUMBER BK02/09 i AD-1026 (Page 2) (04-20-06)U.S. DEPARTMENT OF AGRICULTURE Form Approved - 0MB No. 0560-01B5 HIGHLY ERODIBLE LAND CONSERVATION (HELC) AND WETLAND CONSERVATION (WC) CERTIFICATION ■ (Sei Page 3 for Nondiscrimination, Pubiic Burden and Privacy Act Statements). 1. Name of Producer 2. l.D. NumberYLasL4 tf/grts on/yj 3. Crop Year NOYES4, Do you have any interest in land that produces or could produce an agricultural commodity? If "YES", or, if you area Farm Loan Applicant continue with Item 5. If "NO", and you are not a farm loan applicant, go to Item 12 and sign and date.L/ 5. For farm loan applicants only: Will you conduct any activities for fish production, trees, vineyards, shrubs, building construction, or other non-agricultural purposes on lands for which a wetland determination has not been completed by NRCS?P- 6. Are you a landlord or tenant on any farm that will not be in compliance with HELC and WC provisions? If "YES", enter the farm number or contact your County FSA Office before completing this form. Farm Number: (Contact your county FSA office if you are unsure of the HEL or wetland determinations applicable to your farming interests.) 7. Do any of your landlords refuse to comply with HELC requirements on any farms? If "YES", enter the farm number or contact your County FSA Office before completing this form. Farm Number: 8. List affiliated persons with farming interests. See Page 3 for an explanation. Enter "NONE", if applicable. YES NO 9. During the crop year entered in Item 3 above, or the term of a requested USDA loan, did you or will you plant and produce an agricultural commodity on land for which a highly erodible determination has not been made?_________________________________________________ 10. Since December 23, 1985, or during the current crop year, or during the term of a requested USDA loan, has anyone performed, or will anyone perform any activities to; A. Create new drainage systems, or conduct land leveling, filling, dredging, land clearing, excavation, or stump removal, that has NOT been evaluated by NRCS? If "YES", indicate year(s): ^ _______________ B. Improve or modify an existing drainage system that has NOT been evaluated by NRCS? If "YES", indicate year(s)^ C. Maintain an existing drainage system that has NOT been evaluated by NRCS? If "YES", indicate the year(s): Q(^ _______ ■ Note: Maintenance is the repair, rehabilitation, or replacement of the capacity of existing drainage systems fo allow for the continued use of i/atlands currentiy in agricuiturai production and the continued management of other areas as they were used before December 23, 19B5. This allows a person to ______reconstruct or maintain the capacity of the original system or install a replacement system that is more durable or will realize lower maintenance or costs. 1.x 5,10A andfor 10B or WC enter the following for the land the answer.applies to:_^ A. Farm and/or tractffield number: - C 11. If "YES" to Items T^3 o -yCv-pl/UL X) "K'iB. Activity: Ly C. Current land use (specify crops): D. County:^^3 0 V , V-\iS^ A "YES" answer in Items 5, 9 or 10 authorizes FSA to refer this AD-1026 to NRCS. If you check "YES" to Item 10C, NRCS does not have to conduct a certified wetland determination. (Contact your County FSA Office if you are unsure about the answers to Items 5, 9 and 10.) Continuous AD-1026 Certification: 1 have read the AD-1026 Appendix and understand and agree that my eligibility for certain USDA program benefits is contingent upon this certification of compliance with highly erodible land and wetland conservation provisions of the Food Security Act of 1985 as amended, and if a determination is made that results in a violation and ineligibility, I agree to refund all applicable payments. • 1 agree to the terms and conditions stated on AD-1026 Appendix on all land in which I have or will have an interest and understand that 1 am responsible for any non-compliance with these provisions. ■ 1 agree that 1 will file a revised AD-1026 if there are any changes in my operation or activities that may affect compliance with these provisions. • I understand that affiliated persons are also subject to compliance witli these provisions and their failure to comply or file AD-1026 will result in loss of eligibility to persons or enterprises with whom they are affiliated. (See Page 3 of this form for affiliated persons.) 12. Signature of ► J hereby certify that the information on this form is true and correct to the best of my knowledge, and orizeNJS.CS tojnake a HEL and/or certified wetland determination on the tract or farm numb^s listed abifveJ , - .-Producer .L /I- dQ<6:^c 'Date (MM-DD-YYYYProducer's Signature 13B. Date (MM-DD-YYYY)13A. Signature of FSA Representative13. Referral to NRCS (Completed by FSA) Sign and date if a NRCS determination is needed for any reason including a "YES" answer in Items 5, 9, 10A, 10B, or 10C. i □ORIGINAL - FSA COPY Q PRODUCER'S COPYNRCS COP •T& ^/ /'^ /a/f^ "7^ «:)V^ /S cz>^ AVe.nx ^ ^ //^ y!4^ QOl^T^ ^ </T^ -7^ ^ 6i^ /2_ -^^nsAry?. /^J^ /^<2//? yP^e So^/ ^y'aSiC^x\ 0/7 7^'^(7 ^'7^<2J? ^/dyp<2 S^ OuMia M /^ /y ^/7$ Q^ '6'^ /U^olT^c— OjCCl//>f uCUi /=^/P<^<^ /d.!^ //I d7f ys /C^dyP/^J^ -7^^ y/, y/<t ^o u^<x7^^ y/y f^Ac. S'""* 7^^ ^jc/;/^ ^ ouoLy^^. y7i<t /7^yYAexs7^ X -///<z. <uj:0 X/d7^ ^U/'a^i^y /S''‘ Cyya.lA/f y'y<2^ urpAdo/? -T^J^J V- y<s:yk/Oi/ >77^ AS.<^d<j^ Auhc * '/lA^ -X' /AiA aAc /J>^^ A'A tAtiA d"Oy) Ac dLi^ Ae,cye^y yA- y Ay At As yA^-Acu YredcyA/k^ j^dcAj/^ ctA shi'/ <yots ^6jlA A/it Ay<2/fcJf cy'edi'A/f Ay A/ict: roAi^ /77/LAyy7^ . AA AA/t /:$ y'/PAyi/Ad dA dk^y^t^ o-f 3\AAU UVDDO\'3<x:>‘b>^(jC ■■ - jt t ,. 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