Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
38000320243000_Conditional Use Permits_04-23-1993
OT.-l'EK 'J'.'AIL COUNTY Conditional Use Permit CUP^s'a*// OWNER’S NAME: ]a\LBs\o€ 0^, P'eACus Falls /^v ^^^37Address Location: lakei^f -•mSec. 3 j__Twp. 13^ RangR HI Twp. Name Lots 3j V ^ ^t^os ujioe T»au ur il f>LM uP 2^ 'ios^ CLASS ^ Issued_ii^3_19y3_, Expires Work Authorizedj^ \^J3f-/TP ITlAveiMjeo SuAfiAce oP TWe tSuxsT/hjcs Pano Qeo , THIS P^a^secX ts Lu^trtsc T«a Thk^ ftriQAv»ri Sn%ALL UujauiTACCS^ TH€ TIAS RUTS riLLffA £i^ou(SH 7a L£\J€l TH€ 7KAy/£LLe£> flin^O Sufl^Ace ArJO PLAC4^C 3" - V GAAU€L Qi/i^A NOTE: This card shall be placed in a conspicous 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. NOTIFY DEPARTMENT OF LAND AND RESOURCE MANAGEMENT, TELEPHONE (218) 739-2271 WHEN AUTHORIZED WORK HAS BEEN COMPLETED. th€ 7AA)/£u.ea st4Af‘nc€, wc atjtvfA oa <x>rst7HAcTaAIS TO maTU^y IViS Board of County Commissioners OTTER TAIL COUNTY, MINNESOTA Land and Resource Management Official OFfiC€ OF THC STAfiX .0^OF C»»0STA,UC1 *f3Earthmoving shall be done between Entire area shall be stabilized within 10 days of the 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 a public water without a valid permit from the State of Minnesota 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. 0>& feV-’.t., i,.,’ ? ■■- - --, '> A.-, ■O..'-:- SirS.'.- U... ^ .' ,t. ‘ . ' ' • . ■ - •^1. mm^B < '!’"t ■' -'-S• '. ':' K ..V 7J rr-?3 A74. Wt*t) ....._ _ u C\^ iiiisip*i I& E % ^ >W«^Cw-v^ ^ OflC. ^e/ . -^WVA^^V.^ (y=^ „ -/ >J2«. AJL,. I O' 0'>V I • : i /•i; ^ ^ y\,€KJi. -^re^u,i5^ { J . y^Ujcj _ '^^''^.CA -A,<6-4. <a-'yv^:| 15^0 y<^f^ ■■■|^iri';;.5;^.ii2;-v.- : I . .! "r y". ^ I >I^■-V '■ .ii®;:v^-5:';'^ .\.- I'r; .•• .> ; • ^k'--. ;'■■ 'r., nrI :-L-- '.' I: nilKel PEMBERTON, SORTIE, SEFKOW, RUFER & KERSHNER ATTORNEYS AND COUNSELORS AT LAW OFFICES ALSO FIRST NATIONAL BANK OF HENNING HENNING, MN - THURSDAY 1-3 PHONE: (218) 583-2933 ROGER L. DELL (1920-1953) CHESTER G. ROSENGREN (1932-1965) ROBERT O. BLATTI (1953-1970) LAW OFFICE BUILDING 110 NORTH MILL STREET P.O. BOX 866 FERGUS FALLS. MINNESOTA 56538D866 TELEPHONE: (218) 736-5493 FAX: (218)736-3950 AMERICAN BANK & TRUST COMPANY OF MOORHEAD ROTHSAY, MN - TUESDAY A M. PHONE: (218)867-2121 GERALD S. RUFER - RETIRED RICHARD L. PEMBERTON * OSCAR J. SORLIE.JR. • STEPHEN F. RUFER * ROBERT). SEFKOW* *H. MORRISON KERSHNER* ** ROBERT W. BIGWOOD MICHAEL T. RENGEL* MARK S. STOLPMAN CORENIA A. KOLLASCH ** Mr. Gerald L. Paul Regional Hydrologist Department of Natural Resources Division of Waters 2115 Birchmont Beach Road NE Bemidji, MN 56601 p, S c G J S K^IAY 0 7 19^3 May 6, 1993 Leona Zimmerman Access Bridge, West Lost Lake, Otter Tail County Our File #89-4343 RE: This acknowledges your letter dated April 23, 1993. Zimmerman intends only to apply a surface coating of gravel to the well established pre-existing road grade in oriier to provide traction, limbs that would interfere with the driving of a vehicle, but there will be no work done except on and over the main traveled roadbed. Mrs. She may need to clear overhanging tree There will be no fill along the road and nothing will be placed in the ditches or anywhere below the ordinary high waterline, has now been ordered to. She will fill the channel as she There will be no repair work done on the bridge at this time nor until a plan has been worked out with the State and County, right now with the channel filling and graveling because we understand that she has authorization from the State and She is going to go ahead County to do that. So as to comply with the State's order to fill the channel, Mrs. Zimmerman's contractor must drive a front-end loader from County Highway 35 on the east down Mrs. Zimmerman's access road and over the bridge to where the channel has been illegally dug on her property. There is no other access to the property. Mrs. Zimmerman does not own the private land which runs for approximately one-half mile west of her westerly boundary line to the only other public road in the Vandals have been at work on a regular basis attempting to damage this bridge further to the point that the State's Restoration Order and Mrs. Zimmerman's access and private property rights will be totally frustrated. In order to deal with this situation, it is the intention of Mrs. Zimmerman and her contractor to place a temporary steel area. *ALSO UCENSED IN NORTH DAKOTA **SOUTH DAKOTA ***WlSCONSlN *CIVIL TRIAL SPECIALIST CERTIFIED BY THE MINNESOTA STATE BAR ASSOCIATION -■►REAL PROPEIUY UW SPECIAUST CERUFIED BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Gerald L. Paul May 6, 1993 Page 2 plate on top of the bridge, for the vandals to destroy, repair. forward on this basis with the channel filling just as soon We would Hopefully, this will be harder We do not consider this to be Mrs. Zimmerman and her contractor are going to go as it is dry enough for the equipment to work, like to point out that the original Restoration Order which allowed the channel filling and in fact required the channel filling and which was issued in 1992 did not impose any conditions with respect to the bridge, her contractor lined up and ready to fill the channel at that time. Mrs. Zimmerman had The bridge was not in the deteriorated condition that it now is, because vandals had not been at work at it and were not until the existence of the Restoration Order and the threat to the illegal navigation across Mrs. Zimmerman's property was realized. That Order was revoked on the basis of citizen complaint, as best we know. A winter passed. Mrs. Zimmerman has incurred substantial legal expense in proving what we think to be very obvious, which is that she owns the property on which the channel has been dug and she owns the access into that property. Now, in order to fill the channel, an additional issue has arisen which is the repair of the bridge and, at least as one reads the Fergus Falls paper, whether or not "navigational access" will be maintained in connection with any such repair. Zimmerman does not wish to become involved in the issue of bridge repair. She simply wishes to be able to get to her property. Mrs. Zimmerman does not intend to become involved in any controversy as to whether or not navigational access between the bodies of v/ater is established so long as any such navigational access does not destroy her access to her property once again. We ask in her behalf that she be allowed to complete this project on these terms at this time. Mrs. I am sure Mr. Lejcher has reported to you that Mrs. Zimmerman went to the site with her surveyor and owner of the road construction company that will do the work and that Mr. Lejcher and a representative of Otter Tail County accompanied them there, so all understand what will be done. Richard L. Pemberton SS93123.1/37 cc: Bill Kalar Terry Lejcher Leona Zimmerman STATE OF ------------- • - --------------------------- .DEPARTMENT OF NATURAL RESOURCES ' 4 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40__^ DNR INf ORMATION (612) 296-6157 April 16, 1993 Mr. and Mrs. Kenneth L. Carlson Rural Route 2, Box 498 Underwood, MN 56586 Dear Mr. and Mrs. Carlson: The purpose of this letter is to keep you abreast of the violation investigation the Department of Natural Resources recently completed regarding the artificial channel between the north and south basin of West Lost Lake. The department had issued a restoration order to Leona Zimmerman on August 3, 1992, to close the channel. Ms. Zimmerman alleged someone other than herself had illegally constructed the channel which eliminated her access to the land she owns in Government Lot 2. However, on August 25, 1992, the department suspended the order to further investigate the alleged violation after a local citizen essentially questioned the facts of the order. The facts obtained during the investigation are sufficiently clear that the channel was constructed on Ms. Zimmennan’s land without her permission, and therefore, the department reinstated the original order on April 14, 1993. The channel under the concrete bridge adjacent to the artificial channel is not affected by this order. Please be advised, Ms. Zimmerman has been made aware of her need to apply for a DNR protected waters permit if she proposes to alter the existing concrete bridge. It would be during the department’s review of such an applTcation;^where current navigational access needs would be addressed. As you are probably aware, a public access does exist on the nonii basin of West Lost Lake. If you have any additional questions, you may contact Area Hydrologist Terry Lejeher in Fergus Falls at (218) 739-7576. Sincerely, DIVISION OF WATERS ''22^ Kent Lokkesmoe Director John Stine Jerry Paul Terry Lejeher Dan Retka Bruce Gerbig Tibor Gallo cc; AN EQUAL OPPORTUNITY EMPLOYER t.'' PEMBERTON, SORTIE, SEFKOW, RUFER & KERSHNER ATTORNEYS AND COUNSELORS AT LAW OFFICES ALSO FIRS'! NATIONAL BANK OF HENNING HENNING, MN - THURSDAY 1-3 PHONE: (218) 583-2933 ROGER L. DELL 0 920-1953) CHESTER G. ROSENGREN 0932-1965) ROBERTO. BLATn 0953-1970) lAW OFFICE BUILDING no NORTH MILL STREET P.O. BOX 866 FERGUS FALLS, MINNESOTA 56538D866 TELEPHONE: (218) 736-5493 FAX: (218) 736-3950 AMERICAN BANK & TRUST COMPANY OF MOORHEAD ROTHSAY, MN - TUESDAY A.M. PHONE: (218) 867-2121 GERALD S. RUFER - RETIRED RICHARD L. PEMBERTON • OSCARJ, SORLIE.JR. • STEPHEN F. RUFER • ROBERT J. SEFKOW *" * IL MORRISON KERSHNER • ROBERT W. BIGWOOD MICHAEL T. RENGEL* MARK S. S'FOLPMAN CORENIA A. KOLLASCH " Kent Lokkesmoe State of Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, MN 55155-4032 Terry Lejcher Area Hydrologist State of Minnesota Department of Natural Resources Division of Waters 1221 First Avenue East Fergus Falls, MN 56537 ^ C '' .Bil]^ Kalar Administrator L^^Tld & Resource Management County of Otter Tail Otter Tail County Courthouse Fergus Falls, MN Apr V' 1993 56537 April 14, 1993 Leona Zimmerman Restoration Order, West Lost Lake (56-481)), Otter Tail County Our File No. 89-4343 RE: This letter follows a conversation Leona Zimmerman and I had with Terry Lejcher on Good Friday morning, inquire of Terry whether the violation report mentioned in Mr. Lokkesmoe's letter to me of last fall and mentioned in my letter of recent date to Mr. Lejcher was forthcoming. Terry said that he had dictated the letter to me enclosing a copy of the report and that I should have it. I called to I mentioned in the conversation with Mr. Lejcher that Gary Nelson, who seems to be the person trying the hardest to prevent Leona Zimmerman from obtaining access to her land, has absolutely no real estate title interest in her access road which runs from County 35 across Government Lot 11 up to her own property in Government Lot 2 because the Contract for Deed by which Nelson acquired whatever interest he has in •ALSO LICENSED IN NORTO DAKOTA ‘"SOUnL DAKOTA "•WISCONSIN ♦CIVIL TRIAL SPECIALIST CERUFIED BY THE MINNESOTA STATE BAR ASSOCIATION ♦♦REAL PROPER1Y LAW SPECIALIST CER-HFIED BY THE MINNESOTA STATE BAR ASSOCIATION April 14, 1993 Page 2 Lot 11 specifically excluded this 2 rod roadway from the conveyance to him. photocopy of the abstract entry which is an actual copy of the Contract for Deed description itself and I have highlighted the exception, that those who are complaining about Leona Zimmerman's right to access her property by using the historic roadway owned by her predecessors of title are without any basis for their position. I'm enclosing with this letter a This is just one more evidence ■ I won't include with this letter the numerous abstract entries that document this historic ownership. I've already spoken in terms of this evidence of real estate title record going back to the 1920s insofar as the records relate to ownership of the access across Lot 11 by the owner of Lot 2. However I may not have emphasized as much as it can be emphasized that this title record showing the ownership of the access road by the owner of Lot 2 is mirrored by the title records to Lot 11 which uniformly except from any conveyance of the ownership of Lot 11 this roadway. In other words, historically, the owner of Lot 2 which Mrs. Zimmerman now owns has had record title to the roadway and conversely, historically, the owner of Lot 11 has been denied title to that roadway in the conveyance by which he received title because the roadway has been excepted out of the conveyance of title by one owner of Lot 11 to the other. We continue to look forward to the support of the State of Minnesota in allowing Mrs. Zimmerman to fill in the channel which has been illegally dug on her Lot 2 so that she can get to her property. Richard L. Emberton SS93103.1/4 lU^DEPARTMENT OF NATURAL RESOURCES STATE OF 500 U\FAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40__^ ONR INFORMATION (612) 296-6157 April 14, 1993 19 19,93Richard Pemberton Pemberton, Sorlie, Sefkow, et al. Law Office Building 110 North Mill Street P.O. Box 866 Fergus Falls, MN 56538-0866 Dear Mr. Pemberton: RE: Reinstatement of Commissioner’s Order—Leona Zimmerman The Minnesota Department of Natural Resources-Division of Waters has reviewed your letter of March 22, 1993, regarding a nonpermitted channel dug through Ms. Zimmerman’s property located in Government Lot 2 of Section 32, T134N, R41W, Otter Tail County. Based on all the facts and information this agency collected during our violation investigation, the Commissioner’s Order we issued Ms. Zimmerman on August 3, 1992, and amended on August 25, 1992, is hereby reinstated in its entirety. Ms. Zimmerman has untU September 30, 1993, to comply with the order. The survey submitted by Ms. Zimmerman dated December 11, 1992, provided additional information which aided the department in making a fmal decision. The facts are sufficiently clear that someone other than your client dug an illegal channel on her property. The department is only allowing your client to restore her property to its prior condition and nothing more. Please note that if your client’s intent is to upgrade the concrete bridge, a DIn"R Protected Waters permit will be required from this department. A DNR permit will also be required if Ms. Zimmerman proposes to improve the access roadway below the ordinary high water level of West Lost Lake. I’m sure you are already aware that other federal, state, and local regulations may apply. Pursuant to Minnesota Statutes, Section 103G.251, Subdivision 2(c), the person to whom the Order is issued may demand a hearing on the Order provided the demand for hearing be filed with the Commissioner within 30 days of service hereof. However, if no demand for hearing is made by the person to whom the Order is issued, or if the person that demands a hearing fails to file the required bond, the Commissioner’s Order becomes fmal at the expiration of 30 days after the person is served with the Order. Thereafter, the validity of the findings of Fact and Order can no longer be challenged in the courts. AN EQUAL OPPORTUNITY EMPLOYER Mr. Pemberton Commissioner’s Order-Zimmerman Page Two Minnesota Statutes Section 103G.311, Subdivisions 6 and 7, require that an applicant filing a demand for a public hearing execute and file a corporate surety bond or equivalent security to the State of Minnesota. The amount to be filed is $500.00 asset by the Commissioner. The bond or security shall be conditioned for the payment of certain costs and expenses of the public hearing if the Order is affirmed without material modifications; however, the applicant’s liability is limited to $750.00. Bond forms will be supplied at your request. If you have any questions, please contact Area Hydrologist Terry Lejcher at (218) 739-7576. Sincerely, DIVISION OF WATERS Kent Lokkesmoe Director John Stine Jerry Paul Terry Lecher Dan Retka Bruce Gerbig Tibor GaUo West Otter Tail SWCD Otter Tail County Zoning Gary Nelson cc: PEMBERTON, SORTIE, SEFKOW, RUFER & KERSHNER ATTORNEYS AND COUNSELORS AT LAW OFFICES ALSO FIRST NATIONAL BANK OF HENNING HENNING, MN - THURSDAY 1-3 PHONE: (218) 583-2933 ROGER L. DELL (1920-1953) CHESTER G. ROSENGREN (1932-1965) ROBERT O. BLATTI (1953-1970) lAW OFFICE BUILDING 110 NORTH MILL STREET P.O. BOX 866 FERGUS FALLS, MINNESOTA 56538D866 TELEPHONE: (218) 736-5493 FAX: (218) 736-3950 AMERICAN BANK & TRUST COMPANY OF MOORHEAD ROTHSAY, MN - TUESDAY A M. PHONE: (218)867-2121 GERALD S. RUFER - RETIRED RICHARD L. PEMBERTON * OSCAR). SORLIE.JR. * STEPHEN F. RUFER ' ROBERT). SEFKOW * H. MORRISON KERSHNER * ■^ROBERT W. BIGWOOD MICHAEL T. RENGEL* MARK S. STOLPMAN CORENIA A. KOLLASCH " Mr. Bill Kalar A(3ministrator Dept, of Land & Resource Management County of Otter Tail Otter Tail County Courthouse Fergus Falls, MN 56537 April 6, 1993 RE; Leona Zimmerman Property on West Lost Lake (56-481) Our File #89-4343 Thank you for your letter dated April 2, 1993. Mrs. Zimmerman to get together with Darel Jacobson who she has engaged to improve the road sufficiently so that she can drive on it. the road passable will be done and it will be done entirely within the right-of-way which we claim Mrs. Zimmerman and her predecessors in title have owned since the 1920's. work can be limited to graveling with no earth moving or filling, it will be done, vegetation so as not to interfere with passage, that will not be done. I've asked I understand that the minimum necessary to make If the If it is not necessary to trim If you want something in writing to confirm the understandings reached between you, Mr. Jacobson and Mrs. Zimmerman on a visit to the site, that will be provided. Richard L. Pemberton SS93096.1/5cc: Leona Zimmerman k fr • APR 0 7 13S3 LAND •ALSO LICENSED IN NORTH DAKOTA “SOUTH DAKOTA "'WISCONSIN ♦CIVIL TRIAL SPECIALIST CERTIFIED BY THE MINNESOTA STATE BAR ASSOCIATION ♦♦REAL PROPERIY LAW SPECIAUST CERTIFIED BY THE MINNESOTA STATE BAR ASSOCIATION Department of LAND & RESOURCE MANAGEMENT COUNTY OF OTTER TAIL Phone 218-739-2271 Court House Fergus Falls, Minnesota 56537 April 2, 1993 Richard Pemberton Lav Office Building 110 N. Mill St. PO Box S66 Fergus Falls, MH 56537 RE:Leona Zimmerman Property on West Lost Lake <56-481). Dear Mr. Pemberton: With this letter we are acknowledging receipt of your letter dated March 22, 1993 and related documents (survey maps and exhibits 1, 2 & 3). On pages 2 and 3 of the aforementioned letter, you request that Otter Tail County reconsider its position regarding placing gravel on the access road. Your letter also indicates that tree trimming or other work in addition to graveling may be required. Last August when this matter was first discussed, it was our understanding that your client intended to place gravel on an existing passable road. It now appears from both your letter and an onsite inspection that more than simply placing gravel on an existing roadbed is needed in order to have a functional access road. Since this is the case, in order for us to consider whether or not a permit for this project should be issued, we need to know exactly what must be done to make the access road functional.In other words, we would request an opportunity to discuss this matter with you and/or your client. Please contact me at your convenience so that we can discuss and hopefully resolve this matter to our mutual satisfaction. Sincerely, Bill Kalar Administrator CC: Leona Zimmerman, 418 E. Lakeside Dr., Fergus Falls, MN 56537 mgb SHORELAND MANAGEMENT ORDINANCE — SUBDIVISION CONTROL ORDINANCE RIGHT-OF-WAY SETBACK ORDINANCE — SEWAGE SYSTEM CLEANERS ORDINANCE RECORDER, OTTER TAIL COUNTY PLANNING COMMISSION PEMBERTON, SORTIE, SEFKOW, RUFER & KERSHNER ATTORNEYS AND COUNSELORS AT LAW OFFICES ALSO FIRST NATIONAL BANK OF HENNING HENNING, MN - THURSDAY 1-3 PHONE; (218) 583-2933 ROGER L. DELL (1920-1953) CHESTER G. ROSENGREN (1932-1965) ROBERTO, BLATTI (1953-1970) lAW OFFICE BUILDING 110 NORTH MILL STREET P.O. BOX 866 FERGUS FALLS, MINNESOTA 565380866 TELEPHONE: (218) 736-5493 FAX: (218) 736-3950 AMERICAN BANK & TRUST COMPANY OF MOORHEAD ROniSAY, MN • TUESDAY A.M. PHONE: (218)867-2121 GERALD S. RUFER - RETIRED RICHARD L. PEMBERTON* OSCAR). SORUE,JR. * STEPHEN F. RUFER * ROBERT). SEFKOW’ * II. MORRISON KERSHNER * ** ROBERT W, BIGWOOD MICHAEL T. RENGEL* MARK S. S TOLPMAN CORENA A. KOLLASCH ** Kent Lokkesmoe State of Minnesota Department of Natural Resources 500 Lafayette Roaci St. Paul, MN 55155-4032 Terry Lejcher Area Hydrologist State of Minnesota Department of Natural Resources Division of Waters 1221 First Avenue East Fergus Falls, MN 56537 Bill Kalar Adm^is trator nd & Resource Management unty of Otter Tail t)tter Tail County Courthouse Fergus Falls, MN La 56537 March 22, 1993 Leona Zimmerman Restoration Order, West Lost Lake (56-481)), Otter Tail County Our File No. 89-4343 RE: With this letter we are providing to Otter Tail County and to the Minnesota Department of Natural Resources a plat of survey of Mrs. Zimmerman's property and her access road into this property. litigation, to obtain the cooperation of Otter Tail County and the State of Minnesota with Mrs. Zimmerman in exercising dominion over her property. I want to make one more effort, short of The plat of survey clearly establishes that Government Lots 2 and 11 join at the concrete slab bridge which has been in place since 1932 and which, since that time, has provided Mrs. Government Lot 2 from County Highway 35 on the East, across Lot 11. Zimmerman and her predecessors in title access to •AI.SO LICENSED IN NORTH DAKOTA “SOUTH DAKOTA ‘“WISCONSIN ♦CIVIL TRIAL SPECIALIST CERTIFIED BY THE MINNESOTA STA1T BAR ASSOCATION ♦♦REAL PROPERIY LAW SPECIAUST CERUFIED BY THE MINNESOTA STATE BAR ASSOCATION March 22, 1993 Page 2 As you can also see from the plat of survey, the existing roadway is above the ordinary high water line of West Lost Lake. As I have mentioned before, photographs available both to the State of Minnesota and the County of Otter Tail are available in the Fergus Falls offices of ASCS or SCS and show that there has been access to Government Lot 2 across Government Lot 11 on this existing roadway for over half a century. The abstract of title to Government Lot 11 shows that Mrs. Zimmerman's predecessor in title of that time included the roadway across Lot 11 in a 1921 mortgage deed (Exhibit 1) together with the property in Lot 2 as security for a loan at that time. Zimmerman's more recent predecessor in title received a deed to the existing roadway across Lot 11 along with the deed to Lot 2 (Exhibit 2). The abstract of title further shows that Mrs. A very recent contract for deed (Exhibit 3) to part of Lot 11 excluded Mrs. Zimmerman's access roadway from the property which the contract vendor contracted to sell to the contract vendee, recognizing that the contract vendor did not have any right to convey title of Mrs. Zimmerman's access roadway to anyone else. As I have said before, Mrs. Zimmerman acquired her title to her property by judicial determination in a mechanic's lien foreclosure action, not merely by a deed from a predecessor in title. We have been in touch with the U.S. Army Corp of Engineers which has indicated that it does not intend to intervene in this matter. Before what we regard to be a groundless protest by citizens who have no interest in this matter was lodged, the Department of Natural Resources had issued a Restoration Order to Mrs. Zimmerman which not only allowed her to ±111 in a channel between the south and north basins of West Lost Lake which someone had surreptitiously cut across her property in Lot 2, but required her to fill in that channel and restore the property to its condition prior to that criminal act. If private citizens wish to further contest Mrs. Zimmerman's ownership and access rights under these circumstances, that will be battled out between Mrs. Zimmerman and these private citizens in appropriate litigation, have to try to make the State of Minnesota and Otter Tail County parties to this litigation, requests from Otter Tail County is that it reconsider its We wish that we did not What Mrs. Zimmerman March 22, 1993 Page 3 prohibition which it has imposed upon her forbidding her to gravel her access road or do such tree trimming or other work as is necessary so that she can drive to her property across this historic indrive. to take care of this work as soon as possible. It will soon be spring and she wants What Mrs. Zimmerman wants from the State of Minnesota is the reinstitution of the Restoration Order which it previously gave her and which it then revoked on the basis of unsupported private citizen complaint. If Otter Tail County and the State of Minnesota will not give Mrs. Zimmerman written authorization to do these things, we ask that at least you advise us clearly what you claim she must do that has not been done prerequisite to obtaining authority to maintain her roadway across Lot 11 and fill in the illegal ditch which someone dug across her property on Lot 2. Please do not make Mrs. Zimmerman and State and County tax payers incur the expense of litigation in this situation. Please do not deny Mrs. Zimmerman access to her property for another summer. Richard L. Pemberton SS93078.1/19 Enclosures - Exhibits 1, 2 and 3 and plat of survey HEFTE, PEMBERTON, SORLIE & RUFER ATTORNEYS AND COUNSELORS AT LAW ROGER L DELL (1920-1953) CHESTER G. ROSENGREN (1932-1965) ROBERT O. BLATTI (1953-19T)) OmCES ALSO RRST NATIONAL BANK OF HENNING HENNING. MN - THURSDAY 1-3 PHONE: (218) 583-2933 LAW OFFICE BUILDING no NORTH MILL STREET P.O. BOX 866 FERGUS FALLS, MINNESOTA 56538-0866 TELEPHONE: (218) 736-5493 FAX: (218) 736-3950 AMERICAN BANK & TRUST COMPANY ROTHSAY, MN - THURSDAY 1-3 PHONE: (218) 867-2121 GERALD S. RUFER - RETIRED RICHARD C. HEFTE RICHARD L PEMBERTON OSCAR J. SORLIE, JR. STEPHEN F. RUFER ROBERT). SEFKOW H. MORRISON KERSHNER’ ROBERT W. BIGWOOD MICHAEL T. RENGEL MARK S. STOLP.MAN CORENIA A. KOLLASCH Mr. Kent Lokkesmoe, Director State of Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, MN 55155-4032 R SEP 2 Zl September 28, 1992 RE: Leona Zimmerman Our File No. 89-4343 Thank you for your September 24 , 1992 letter. September 18, 1992 letter was, more than anything else, a cry of frustration over the dilemma of an innocent property owner being denied access to her property although that access was in place for half a century before it was destroyed by someone. While there is little doubt in our mind as to who destroyed this access by digging the illegal channel, you are quite right in pointing out that evidence that will stand up in court is needed and I fully recognize how difficult a task it is to obtain that evidence. My Perhaps when we get into civil litigation over this matter, should that be necessary, we'll see what people are going to say under oath. Mrs. Zimmerman's concern is simply to be able to get to her property over the traditional route when she has no other route.Resources can give to her in accomplishing this goal v;ill be sincerely appreciated. Any help that the Minnesota Department of Natural Richard L. Pemberton SS92272.1/14 cc:Jerry Paul Terry Lejcher Paul Swenson John Fax Region I Enforcement Waldemar Senyk, Otter Tail County Attorney ,,,-Otter Tail County Land & Resource Management Leona Zimmerman •CIVIL TRIAL SPECIAUST CERTIFIED BY THE MINNESOTA STATE BAR ASSOCIATION DEPARTMENT OF NATURAL RESOURCES STATE OF 500 LAFAYETTE ROAD • ST. PAUL. MINNESOTA • 55155-40__3^ DNR INFORMATION (612) 296-6157 September 24, 1992 Richard L. Pemberton Hefte, Pemberton, Sorlie, and Rufer Law Office Building 110 North Mill Street P.O. Box 866 Fergus Falls, MN 56538-0866 Dear Mr. Pemberton: RE: Leona Zimmerman. - Your File No. 89-4343 Thank you for your letter of September 18, 1992, concerning the open channel between the north and south basin of West Lost Lake. Your concern appears to be the lack of any investigation by the Department as to how the channel was constructed and by whom. The Department has already and will continue to investigate how the channel appeared on property you allege is Ms. Zimmerman's. Enclosed is a copy of the Division of Waters' violation report submitted to this office by area hydrologist Terry Lejcher on April 24, 1992. The report indicates Mr. Lejcher would be writing a letter to you regarding this matter, and I trust that letter In addition, a copy of the forwarded to our regional enforcement division in You may want to contact the regional enforcement supervisor regarding any criminal investigation of this matter. explained Mr. Lejcher's findings, report was Bemidji. I'm sure as an officer of the court you are aware it is necessary to have concrete evidence in order to convict someone who has violated the law. The Department cannot convict or order someone to restore a channel where no concrete evidence exists as to how that channel became a reality. At this time we can only assume that the channel was illegally constructed and leave the investigation open. I would ask that if you have any solid evidence linking the party responsible for this illegal act that you would forward that evidence to this department for further investigation. AN EQUAL OPPORTUNITY EMPLOYER Mr. Pemberton Page 2 If you have any questions, you may contact John Fax of my staff at (612) 296-4800. Sincerely, DIVISION OF WATERS Kent LoKKesmoe Director KL/JGF;kf Jerry Paul Terry Lejcher Paul Swenson John Fax Region I Enforcement cc: ) Office of OTTER TAIL COUNTY ATTORNEY Waldemar B. Senyk Courthouse, Fergus Falls, MN 56537 (218) 739-2271 Assistants: David J. Hauser Barbara R. Hanson Karen A. Cooper Kurt A. Mortenson Administrative Assistant: Marilyn C. Kopperud -s''*5&S \>S® Investigator: J. Allan Anderson 0 September 22, 1992 Richard Pemberton, Esq. 110 N. Mill Fergus Falls, MN 56537 Re: Leona Zimmerman Your File No. 89-4343 Dear Dick: I am writing in response to your letter of September 10, 1992, to Bill Kalar regarding Mrs. Leona Zimmerman. I am sorry that I did not make time to write to you before I left town last week. I have now received a copy of a second letter which you wrote to Kent Lokkesmoe, dated September 18, 1992. I will try to respond to the issues you raise in both letters. When Bill Kalar became aware of the controversy surrounding the water channel in West Lost Lake, he contacted me to discuss Otter Tail County's responsibility in the matter, that the Department of Natural Resources is the responsible agency. Otter Tail County does not have jurisdiction over the land bridge or the channel through it. Otter Tail County land use jurisdiction applies to the "shoreland" which is that "land within 1,000 feet from the normal high water mark of a lake, .The land below the ordinary high water mark is the bed of public waters and under the control of the DNR. public waters, a permit is required from the DNR. Statute Section 103G.245. the DNR is the appropriate agency to conduct an investigation. See Minnesota Statute Section 103G.251. It became clear to both of us . •' as defined in Minnesota Statute Section 103F.205. Before work is performed in See Minnesota If any such work is done without a permit, The county Shoreland Management Ordinance also clearly addresses jurisdiction over this matter. Section IV.3.B.8. states that, "Any alteration below the Ordinary High Water Level of public waters must first be authorized by the Commissioner, under Minnesota Statute 103G.245." Section IV. 3.C. goes on to state that any excavation on shoreland where the intended purpose is connection to a public water Oner Tail County not diKnminiif on the basis of race, cotor. Muonai ongin tex. religtofl. age. and handicap uaius in cmptoymen or (he prosuion of urvicek Richard Pemberton, Esq. Page 2 September 22, 1992 requires a county permit, only after the DNR has permitted the work. It is the DNR who must address Mrs. Zimmerman's concerns. Unless the DNR determines that this land is located above the ordinary high water mark of West Lost Lake, Otter Tail County considers it to be located upon the bed of public waters, land bridge exists in what was once open water between the two arms of West Lost Lake. Records reveal that this Although it was no doubt filled decades ago, the ownership of the bed of public waters is not altered by adverse possession. Bill's letter to Mrs. Zimmerman was written at my suggestion. However, it did not quite say what I intended. Bill had given permission to gravel a road prior to learning that ownership of the property was disputed. Bill's letter was intended to clarify that the county has no authority to allow a person to perform grading or filling work on someone else's property. The owner of the property may obtain permission to gravel the road. However, the county does not take responsibility for determining ownership under these circumstances. Therefore, the permit from Bill Kalar is not to be relied on as recognition of ownership. Your client should not proceed to gravel the road unless she is the property owner. If you have any questions or wish to discuss this matter further, please contact me. ./ Senyk WBS/ cc; Bill Kalar Kent Lokkesmoe Terry Lejcher West Otter Tail Soil & Water Conservation District Mick Weburg, USCOE Lo/t' LJ(^ Morfk bcLitVs \ /^n.Ti rt« 4\ c:.4iiLa Vjk Joo^ -/^Of p r /)«,'/ I- ' //-e i''of^.(^6v/4 4'/~/o '/'/o i- ./ ■ (^(W. ■ t ^rvi/-6+ II /^3r- 7 P ^ Pi'^j / A; /f~~ff'O'C^ Op T^i^cry^ OriJ/V>/r/ ^/'C /Vov/. P/, /f>o /pe. ,'<• f Le^ai Survr^ 0^o{ G^/«5r^^, /Vo/ -fo Sco/e ~To4 p5fti r "//p P<fj* '* £T'/ ^/ ^/q (Py.^f_L.i H ''f i* HEFTE, PEMBERTON, SORLIE & RUFER ATTORNEYS AND COUNSELORS AT LAW OmCES ALSO HRST NATIONAL BANK OF HENNING HENNING. MN - THURSDAY 1-3 PHONE; (218) 583-2933 ROGER L DELL (1920-1953) CHESTER G. ROSENGREN (1932-1965) ROBERT O. BLATTI (1953-1970) LAW OFFICE BUILDING 110 NORTH MILL STREET P.O. BOX 866 FERGUS FALLS, MINNESOTA 565380866 TELEPHONE; (218) 736-5493 FAX: (218) 736-3950 AMERICAN BANK & TRUST COMPANY ROTHSAY, MN - THURSDAY 1-3 PHONE; (218)867-2121 GERALD S. RUFER-RETIRED RICHARD C. HEFTE RICHARD L PEMBERTON OSCAR J. SORUE, JR. STEPHEN F. RUFER ROBERT), SEFKOW H. MORRISON KERSHNER* ROBERT W. BIGWOOD MICHAEL T. RENGEL MARK S. STOLPMAN CORENIA A. KOLUSCH Mr. Kent Lokkesinoe, Director State of Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, MN 55155-4032 September 18, 1992 RSrCElVED SEP 2 t 1992 LAND & /?£S0Uf?C£ RE: Leona Zimmerman Our File No. 89-4343 Thank you for your letter dated September 17, 1992 to Richard C. Hefte.Mr. Hefte and I are dealing with this matter We have a survey by a registered land surveyortogether. underway at this time which we expect will establish to your satisfaction that the channel in question has been dug on Mrs. Zimmerman's private property in Government Lot 2. Mrs. Zimmerman is going to substantial expense to deal with the reestablishment of access to her property which access existed for more than 50 years that we can prove by aerial photographs from Government offices and which we are confident existed back in the 1920's based upon our examination of property records. I have had the difficult task of representing a client who in all innocence altered a shoreland as a private project after a planned conservation program of the U.S. Fish and Wildlife Service there was aborted due to lack of funds. My client simply thought that it was a worthwhile project and that he would do it himself. In all innocence, he did just exactly what the government wanted done but didn't have the money to do. When it was discovered that he had done this without seeking a specific permit, he and the contractor who did the work were forced to remove earthworks which no one contended were anything but beneficial to the environment and to incur the expense of doing so and they also ended up paying a fine to Otter Tail County. Zimmerman has had an illegal channel dug on her We would like to know whether or not the MinnesotaHere, Mrs. property.Department of Natural Resources takes any interest in who •CIVIL TRIAL SPECIAUST CERTIFIED BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Kent Lokkesmoe, Director September 18, 1992 Page 2 violated the law to dig this channel in this way. going to be any investigation whatsoever made by any unit of government to try to place the responsibility for this situation where it belongs? Otter Tail County as it is to the State of Minnesota, so a copy of this goes to the Otter Tail County Attorney and Land Management Office as well. Is there This is as much a question to Richard L. Pemberton SS92262.1/4 cc:Waldemar Senyk, Otter Tail County Attorney ,^^0tter Tail County Land & Resource Management Leona Zimmerman t fr^MliSOTA (^DEPARTMENT OF NATURAL RESOURCES I STATE OF 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40 32 DNR INFORMATION (612) 296-6157 ^s:c Si 2 1 1992 ^^'0 & Resource veo September 17, 1992 Richard C. Hefte Hefte, Pemberton, Sorlie, and Rufer Law Office Building 110 North Mill Street P.O. Box 866 Fergus Falls, MN 56538-0866 Dear Mr. Hefte: RE: Leona Zimmerman - Your File No. 89-4343 Thank you for your letter of September 11, 1992, and the information you submitted to clarify the ownership of the property which contains the open channel connecting the north and south basin of West Lost Lake in Otter Tail County. The Department of Natural Resources (DNR) agrees from the documents submitted that your client owns Government Lots 2, 3,and 4, Section 32, Township 134 North, Range 41W. I am not convinced, however, that the open channel she wishes to fill is part of that property description. Enclosed is a general map which illustrates my concern. It is the DNR’s position that it would be premature for us to reinstate the Commissioner’s Order until Ms. Zimmerman can verify whether the channel does indeed fall within the boundaries of her property. Your firm’s abstract opinion on the currently continued abstract to Ms. Zimmerman’s property does not include an opinion on the location of improvements and lot lines. The opinion states: "No opinion is rendered as to the location of improvements such as sewers, wells, and buildings or property lines; if improvements are involved, you must satisfy yourself by survey or other proper investigation that the same lie within the boundaries of the property described in the abstract, which is to be included in your deed or mortgage. Likewise, you should satisfy yourself as to the location of boundary lines." AN EQUAL OPPORTUNITY EMPLOYER . ) Page Two The DNR can not make a decision on the rescinded order until your client can prove clear title to the property whereupon the channel lies. The Department cannot adjudicate the question of property ownership. Even if land ownership is established, we may require Ms. Zimmerman to make application for a protected waters permit to address all the issues related to access such as improvements to the bridge and roadway. In addition, any proposal to place fill on existing access routes to the bridge may require DNR, Army Corps of Engineers and Otter Tail County Shoreland permits. If you have any questions, feel free to contact John Fax of my staff at (612)296-4800 or area hydrologist Terry Lejcher in Fergus Falls at (218)739-7576. Sincerely, Kent Lokkesmoe Director cc: Jerry Paul Terry Lejcher Paul Swenson John Fax Gary Nelson Allen Haugrud West Otter Tail SWCD Mick Weburg, USCOE Bill Kalar, OtterTail County / 14 iy»a & H£SGUIiC£ Office of OTTER TAIL COUNTY ATTORNEY Waldemar B. Senyk Courthouse, Fergus Falls, MN 56537 (218) 739-2271 Assistants: David J. Hauser Barbara R. Hanson Karen A. Cooper Kurt A. Mortenson Administrative Assistant; Marilyn C. Kopperud Investigator: J. Allan Anderson September 14, 1992 Mr. and Mrs. Kenneth L. Carlson Route 2, Box 498 Underwood, MN 56586 Re: West Lost Lake Dear Mr. and Mrs. Carlson: I am writing in response to your letter of August 26, 1992, regarding the natural waterway between the north and south parts of West Lost Lake. I can appreciate your concern about maintaining the natural condition of West Lost Lake. However, Otter Tail County has no jurisdiction to act in regard to the controversy surrounding what you call a natural waterway and others call a land bridge. The Department of Natural Resources is the proper agency to address this issue and determine the correct condition of the lake. Our decision that the county has no jurisdiction over this area is based upon our review of historical records relating to West Lost Lake. It appears that sometime in the first 30 years of this century, what had been open water between the two portions of the lake was filled and the land bridge was constructed. It may be reasonable to believe that this happened during dry years. The county only has jurisdiction above the ordinary high water mark of any lake body. That ordinary high water mark is determined by the Department of Natural Resources. This disputed area appears to be beneath the ordinary high water mark and part of what was once the lake bed. As a result, the county's ordinance and other regulations do not apply to this land. Whether the Department of Natural Resources chooses to address the problem on a state or local level is also outside the control of the county. I hope you will be able to find an appropriate place to address your I am ^rry that we cannot be of any assistance. If you estions, please call me.concerns. have any further feriyk WBS/, Bill Kalar, Office of Land and Resource Managementcc: ' ^ r,H ^ BILL KALAR LAND & RESOURCE MANAGEMENT •HEFTE, PEMBERTON, SORLIE & RUFER ATTORNEYS AND COUNSELORS AT LAW OFFICES ALSO HRST NATIONAL BANK OF HENNING HENNING, MN - THURSDAY 1-3 PHONE: (218) 583-2933 ROGER L DELL (1920-1953) CHESTER G. ROSENGREN (1932-1965) ROBERT O. BLATTI (1953-1970) LAW OFFICE BUILDING 110 NORTH MILL STREET P.O. BOX 866 FERGUS FALLS. MINNESOTA 56538-0866 TELEPHONE: (218) 736-5493 FAX: (218) 736-3950 AMERICAN BANK & TRUST COMPANY ROTHSAY, MN - THURSDAY 1-3 PHONE: (218)867-2121 GERALD S. RUFER - RETIRED V — RICHARD C. HEFTE RICHARD L PEMBERTON OSCAR). SORUE.JR. STEPHEN F. RUFER ROBERT). SEFKOW H. MORRISON KERSHNER* ROBERT W. BIGWOOD MICHAEL T. RENGEL MARK S. STOLPMAN CORENIA A. KOLLASCH Mr. Bill Kalar, Administrator Department of Land & Resource Management County of Otter Tail Otter Tail County Courthouse Fergus Falls, MN 56537 September 10, 1992 Department of Natural Resources Restoration Order, West Lost Lake (56-481) Our File No. 89-4343 IN RE; We are the attorneys for Leona Zimmerman. Mrs. Zimmerman and her predecessors in title to Government Lots Two (2) , Three (3) and Four (4), of Section Thirty-two (32) of Maine Township have enjoyed undisputed access to their property over the roadway running from Highway No. 35 to the east line of Government Lot Two (2) for over half a century. We have furnished to the Minnesota Department of Natural Resources aerial photographs from the local ASCS and/or Soil Conservation Offices showing this roadway to have been in place at least since the 1930's when the oldest available photograph was taken. The public record of this access road servicing Mrs. Zimmerman's property goes back still further. Mortgage Deed granted by the owner of this property in 1921 and appearing as Entry No. 51 in the Abstract of Title to the property conveys not only Lots Two (2), Three (3) and Four (4) , but also the roadway across Lot Eleven (11) . Allen Knutson, the fee title owner prior to Mrs. Zimmerman, was also deeded the two-rod strip of land over which the roadway in question lies, just as its association with this property was acknowledged back in 1921. Mrs. Zimmerman acquired title to this property by judgment of foreclosure of a mechanic's lien relative to improvement of the property. When a portion of Government Lot Eleven (11) , over which this roadway lies, was sold recently, the seller excluded this roadway from his A •CIVIL TRIAL SPECIAUST CERllFICD BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Bill Kalar, Administrator September 10, 1992 Page 2 conveyance which was being made, which was a proper thing for him to do, since this roadway is not possessed by the owners of Government Lot Eleven (11) over which it lies, but rather is the long-standing access to Mrs. Zimmerman's property. Mrs. Zimmerman was able to use this road to gain access to her property until the recent illegal and covert digging of a channel across her property on Government Lot Two (2) in order to afford boats access between the north and south arms of West Lost Lake. Mrs. Zimmerman has no other access to her The west edge of her property is approximatelyproperty. one-half mile away from the township road to the west and she has no easement of way, nor is there any road built across the private property between her west line and the township road.There never has been any access to her property from that direction. In order to reestablish her legal and long-enjoyed access to her property which was taken away from her by this illegal channeling, Mrs. Zimmerman procured from DNR a Restoration Order to permit her to restore her access to her property. Apparently, according to the recent letter from DNR, a copy of which is enclosed, this Restoration Order was revoked or suspended simply upon the request of Mr. Gary Nelson, owner or operator of Weslake Resort, without any documentation or showing of the basis for this revocation or suspension. Otter Tail County gave Leona Zimmerman permission to gravel this road and then changed its mind before she could do so. This change of position by Otter Tail County apparently occurred based upon some undocumented complaint by somebody who has not been identified to Mrs. Zimmerman, helping Mrs. Zimmerman to achieve the access to which she is legally entitled. Otter Tail County has now exercised a power it claims to have to prevent her from doing such a small thing as graveling this roadway which has been in existence for 70 years before it was rendered useless by the digging of the channel. Rather than The well-established law of this State affords every citizen the right of access to her property. Mrs. Zimmerman is going to exercise whatever legal rights she has against those persons or entities, private or public, which are frustrating her efforts to the quiet enjoyment of this property which she owns in fee simple absolute. Why don't the Minnesota Department of Natural Resources and Otter Tail County help this citizen and work to convict the criminal who dug this illegal channel? Many citizens have been required to redress minor shoreland violations less severe than this. Mr. Bill Kalar, Administrator September 10, 1992 Page 3 We ask in Mrs. Zimmerman's behalf that Otter Tail County forthwith withdraw any prohibition which it has imposed upon her so that she can gravel this road and render it useable in order to be able to approach the illegal channel and remove it just as soon as she is able to bring about the reinstitution of the Restoration Order. If Otter Tail County has an established practice of requiring %horeland owners to prove their ownership or right of access to their property or to obtain permission of the County before graveling long-established roadways affording them access along the shorelines of the many lakes of this County to their property, please advise us of this policy and of the manner in which it has been enforced to date. If not, we ask you the basis for the discriminatory enforcement of such a prohibition upon Mrs. Zimmerman when it has not been imposed upon others throughout the County in a similar manner. We enclose two plats of survey done by Robert Oslund Associates. One is dated in 1970 and the other is contemporaneous with the first. As you can see, surveyor Oslund blocked off Lot Two (2) to include up to the bridge at the east end of Mrs. Zimmerman's property. The other plat shows the existing roadway from Highway No. 35 up to Richard L. Pemberton ck92254.1/5 Mr. Waldemar Senyk, Otter Tail County Attorney Mr. Kent Lokkesmoe Mr. Terry Lejcher Mr. Jerry Paul Mr. Paul Swenson/Mr. John Fax Region I Enforcement USCOE Otter Tail County Zoning Administrator West Otter Tail County Soil & Water Conservation District Ms. Leona Zimmerman cc; Enclosure - letter and plats Department of LAND & RESOURCE MANAGEMENT COUNTY OF OTTER TAIL Phone 218-739-2271 Court House Fergus Falls, Minnesota 56537 September 8, 1992 Leona Zimmerman 418 E. Lakeside Dr. Fergus Falls, MH 56537 RE: Department of Natural Resources Restoration Order, West Lost Lake (56- 481). Dear Hr. Zimmerman: On August 25, 1992, you stopped In our office. During our conversation, you mentioned you had received the aforementioned Restoration Order, requested permission to place gravel on your existing road vhlch vas granted by this office. You also Since our meeting, I have received many telephone calls as veil as personal visits regarding this Restoration Order. During several of these discussions the question of vho actually owns the road on vhlch you requested to place gravel arose. Therefore, the permission to place gravel on the road this office granted Is hereby revoked until such time as the ownership of the road Is determined. If you have any questions regarding this matter, please contact our office. Sincerely, Bill Kalar Administrator CC: Wally Senyk mgb SHORELAND MANAGEMENT ORDINANCE - SUBDIVISION CONTROL ORDINANCE RIGHT-OF-WAY SETBACK ORDINANCE - SEWAGE SYSTEM CLEANERS ORDINANCE RECORDER, OTTER TAIL COUNTY PLANNING COMMISSION STATE OF [N][M][iS©Trz^ ^DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATERS 1221 FIR AVENUE EAST FERGUS FALLS, MN 56537 218-739-7576 September 8, 1992 PHONE NO.FILE NO. Mr. and Mrs. Kenneth L. Carlson RR 2, Box 498 Underwood, MN 56586 Dear Mr. and Mrs. Carlson: WEST LOST LAKE (56-481P), OTTER TAIL COUNTY Thank you for your recent letter regarding West Lost Lake and the two channels connecting the north and south lake. The Department of Natural Resources has issued a restoration order to Leona Zimmerman to close the artificial channel which has been created during the 1980’s. This would allow access to the property that separates the north and the south lake. The channel that has existed for more then 50 years beneath the bridge, which provides the hydrologic connection between the two lakes, would not be affected by this order. As you know, there is a public access on the north lake. The restoration order has been temporarily suspended until September 18, 1992, at the request of Gary Nelson, who is providing additional information. Sincerely, ;Terrence R. Lejcher Area Hydrologist TRL/lf Gerald Paul sMrrRichard Emberton ■ / West Otter Tail County SWCD Mr. Gary Nelson cc: AN EQUAL OPPORTUNITY EMPLOYER ALLEN HAUGRUD 108 NORTH CASCADE FERGUS FALLS, MINNESOTA 56537 218-739-4696 FAX: 218-739-9038 Maugrud JCaw Office September 8, 1992 Bill Kalar, Administrator Land and Resource Management Otter Tail County Courthouse Fergus Falls, MN o- (/ 56537 Leona Zimmerman West Lost Lake, Maine Township Re: Dear Mr. Kalar: I represent Robert and Ellen Rainey, owners of property on the east side of West Lost Lake, as to who owns the strip of property immediately next to the lake. The Raineys intend to commence an action in district court within the next two weeks seeking the court's ruling as to ownership. The Raineys feel any claim by Leona Zimmerman was lost by adverse possession or abandonment. The Raineys oppose any permit to Leona Zimmerman to improve or change this strip along the east side of West Lost Lake. Please contact me if you have any questions. Sincerely, There is a dispute with Leona Zimmerman 7Allen Haugru AH: enclosures HEFTE, PEMBERTON, SORLTE & RUFER ATTORNEYS AND COUNSELORS AT LAW ROGER L DELL (1920-1953) CHESTER G. ROSENGREN (1932-1965) ROBERTO. BLATTI (1953-1970) OmCES ALSO FIRST NATIONAL BANK OF HENNING HENNING. MN - THURSDAY 1-3 PHONE: (218) 583-2933 LAW OFFICE BUILDING 110 NORTH MILL STREET P.O. BOX 866 FERGUS FALLS. MINNESOTA 5653^0866 TELEPHONE; (218) 736-5493 FAX: (218) 736^3950 AMERICAN BANK & TRUST COMPANY ROTHSAY, MN - THURSDAY 1-3 PHONE: (218)867-2121 GERALD S. RUFER ■ REHRED RICHARD C. HEFTE RICHARD L PEMBERTON OSCAR J. SORUE,JR. STEPHEN F. RUFER ROBERT). SEFKOW H. MORRISON KERSHNER* ROBERT W. BIGWOOD MICHAEL T. RENGEL MARK S. STOLPMAN CORENU A, KOLLASCH Kent Lokkesmoe State of Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, MN 55155-40 Terry Lejcher Area Hydrologist State of Minnesota Department of Natural Resources Division of Waters 1221 First Avenue East Fergus Falls, MN I ; 56537 AUG 2 'J ^992 Gary Nelson WesLake Resort Route 2, Box 518 Underwood, MN 56586 August 27, 1992 Leona Zimmerman Restoration Order, West Lost Lake (56-481P), Otter Tail County Our File No. 89-4343 RE: Mrs. Zimmerman owns title inWe represent Leona Zimmerman, fee simple absolute to certain property on the bar between the north and south bodies of West Lost Lake.For the last half century and more, and as best we know, forever, access to this property has been afforded by a roadway from the east. We have obtained aerial photos from the ASCS office and/or Soil Conservation office going back to the 1930's and continuing until recently clearly showing this solid land connection and road into Mrs. Zimmerman's property. Mrs. Zimmerman has no other access to her property. To the west of her west property line lies private property for approximately one-half mile over which Mrs. Zimmerman has no easement of way nor is there any developed road. In the relatively recent past someone, without authorization, dug a channel across Mrs. Zimmerman's property which denies her access. •CIVIL TRIAL SPECIAUST CERTIFIED BY THE MINNESOTA STaIe BAR ASSOCIATION August 27, 1992 -T Page 2 When we called this to the attention of Mr. Lejcher he said he would obtain a restoration order whereby Mrs. Zimmerman could fill in this channel, point of fact, an investigation should be made to determine who dug this channel without authorization, should be required by the State of Minnesota to restore the property at their expense and appropriate civil or criminal proceedings should be brought against them for having altered this shoreline without authority. That was agreeable to us.In Those persons However, Mrs. Zimmerman's immediate concern is restoring her rightful access to her property, so she was willing to execute the restoration order promptly and enjoy her property rights. appears that Gary Nelson has brought about this suspension, unless the Department of Natural Resources has changed its mind on its own after having spent some months promulgating this restoration order and running it through the Attorney General's office and just recently issuing it. Now, the restoration order has been suspended.It According to the letter from Kent Lokkesmoe to Gary Nelson dated August 25, 1992, the DNR is soliciting a public hearing on the original restoration order. If that is what is required in order to reinstate the restoration order, that is what we request. There is going to be substantial expense to this for Mrs. Zimmerman. We think that it is appropriate for the State of Minnesota to conduct civil and/or criminal investigations to determine who dug this channel and to impose appropriate sanctions and remedial provisions. Mrs. Zimmerman should not have to carry the laboring oar in disciplining those who have violated state law. The State of Minnesota should do that. Mrs. Zimmerman has a contractor ready, willing and able to execute the restoration order forthwith. If much more time goes by, we are going to go into another winter with Mrs. Zimmerman still denied access to her property. Mrs. Zimmerman intends to hold those responsible for denying her access to her property strictly responsible. We ask for the reinstatement of this restoration order forthwith. Insofar as furnishing documentation of the existence of Mrs. Zimmerman's access in prior years, the documentation is available in the records of the ASCS office and the Soil Conservation Service, that the Department of Natural Resources should take a look for itself at these documents, photocopies of various aerial photos which have deteriorated in quality as a result of the copying process, photocopies are numbered 1-5 and are identified as follows: We thinkWe have seen them there. However, we do enclose These Auaust 21, 1992 Page 3 1939 Flight 9/21/53 1970 Flight 1985 Flight 1986 Flight SS92238.1/14 Enclosures Jerry Paul Paul Swenson/John Fax Leona Zimmerman Region I Enforcement Paul Swenson/John Fax USCOE^^ter Tail County Zoning Administrator cc: Received AUG : 1 199'^Mr. & Mrs. Kenneth L. Carlson R.R. 2, Box 498 Underwood, MN 56586 "^1 end V/aferwav August 26, 1992 Department of Natural Resources Trails and Waterways 1221 Fir Avenue East Fergus Falls, MN 56537 Stp 0 :3932 --SOURCE Dear Sirs and or Madames: We live on the south part of West Lost Lake, environment lake. The restrictions on changing shoreline and any weed control, etc. on all property owners and resort owners is the same, someone who purchased a pennisula of land fitting between the north and south parts of West Lost Lake be able to close the only natural waterway between the north and south parts. Prior to there being a road with a bridge the area was open approximately 200-300 feet. There has always been an opening. West Lost Lake is a natural Why then can Closing the waterway would drastically change the south side of the lake. If water has no passage thru, the south side could become stagnet and the shoreline could change. If this would be the only access to the property is is felt that it would be appropriate for a bridge to be put in place, large enough to permit boat passage. This would enable access to both lakes as it is now. Closing the access to the north side would hurt the resort owners and environment as well. How can this be allowed? classes of people who are land owners, bypass the local departments, county, DNR, etc. via an attorney and go directly to the State is causing discrimination amongst people. Why staff and fund DNR, Land & Resources, etc. if the State level is doing their jobs? The laws and regulations should be the same for all To us, anyone who could afford to S1. n c 6 r 6 l-,y j Mr. & Mrs. Kenneth L. Carlson jmk West Otter Tail Soil & Water Conservation District Wally Senyk, Attorney, Otter Tail County Governor Arne Carlson Attorney General Hubert H. Humphrey III cc: U^DEPARTMENT OF NATURAL RESOURCES STATE OF 500 ULFAYETTE ROAD • ST. PAUl^ MINNESOTA • 55155-40. DNR INFORMATION (612) 296-6157 ’I ^ yn e ^ ^ ^ A>13G ‘ August 25, 1992 199Z Gary Nelson WesLake Resort Route 2, Box 518 Underhill, MN. 56586 Dear Mr. Nelson: RE; Leona Zimmerman Restoration Order, West Lost Lake(56-481P), Otter Tail County Enclosed is a copy of a letter sent to Ms. Zimmerman which amended the restoration order previously sent her dated August 3, 1992 . In order to respond to your inquiry, the DNR is asking you to submit to us by September 4, 1992, any information (air photos, maps, statements, etc.) that demonstrates the prior existence of a "natural” navigable connection between the lakes. Upon receipt of this information, we will review it and take final action by September 18, 1992. If you are aggrieved by our decision, by law, Ms. Zimmerman, the local soil and water conservation district, or the local watershed district, may request a public hearing on the original restoration order, for your review. If you have any questions, please contact area hydrologist Terry Lejcher at (218)739-7576. A copy of the restoration order is included Director cc: Jerry PauTerry Lejcher Paul Swenson/John Fax AN EQUAL OPPORTUNITY EMPLOYER n C a ! V E D AUG 5 I 1992 \Am a RESOURCE 3-30-72 Kent Lokkesmoe, Director of Waters State of Minnesota DNR 500 Lafayette Rd St. Paul, Mn 55155-40 Mr. Lokkesmoe, I protest the closing of the Channel between the south and north parts of West Lost Lake. I use this channel to go into the north lake to fish. I moved to this property on the south shore of the south part of this lake in the summer of 1983, in 1985 the water was high enough that I could cross this so called road in question with a boat, by tilting the motor up and poling my boat across. I have spent a lot of time on the south shore of this lake making hay and farming, I have never seen anyone remove material from this 'road'. The extra water flow through this channel, has in my opinion improved the water quality of the south part of the lake. It appears to me that someone has given out a permit for the economic gain of 1 person, thereby deneying the public the use of this channel, if the road must be put back in place,I would like to see a large colvert put in place of the present bridge. From the old maps I have seen from a 1912 plat book I think possibly Mrs. Zimmerman does not own the property in question, rather it belongs to the State of Minn. Dale E. Worden Rt. 2 Box 488 Underwood, Mn 56586 IHT = HULTIPirTRACT HUXBERrHEL = HIGHLY EROBIBIE LAHB t » HlilMAt ICljW lEJOPTJ V j m^ m. m * ; T = ^RACT HUHBER I U » HETLAHB iFH = FARHED yETLAHD |MA = HQN-AGRICULTURAL i«L = HOH-HIGHLY EROBIKl ! PC = PRIOR CONVERTED yETLAWt NC = I IWSm \HU = NOH-yETlAND jAW = ARTIFICIAL yETLAKD„ 1 ECH_;_E}{£HPT_(COHMEKCED) .CgHVIRIEgJjlLAND ................. —reproduced I CROP m = CONVERTED HETLANl t I\ f COUNTY MMI ^1 s ’' >\Y'- r, ■ H'iwM ^ I■-,■ -'If i^r- “4.j* *1*i 1^^ - I. \ *i ■ Auttc Hi 1' e Q ■ ■ ■5;-N ■p*.w 'f'\ "T'.. 'L* ‘* k rt;: I1''- •, % ..' ' Y «T v-niS «*,I*I .<■* ■ * ■' »■' ■ V'->: "il* ■*> : # ■ U^DEPARTMENT OF NATURAL RESOURCES STATE OF 500 LAFAYETTE ROAD • ST, PAUL, MINNESOTA • 55155-40. ^ 5DNR INFORMATION (612) 296-6157 ^■.U2 2 J992 August 25, 1992 CERTIFIED MAIL Leona Zimmerman 418 E. Lakeside Drive Fergus Falls, MN. 5G537 Dear Ms. Zimmerman: RE: Amended Order of the Commissioner, West Lost Lake(56-481P), Otter Tail County The Department of Natural Resources-Division of Waters(DNR-DOW) has received an inquiry regarding the restoration order that was sent to you dated August 3, 1992. It is necessary for the DNR to conduct further investigation into this matter in order to respond to the inquiry. Therefore, the Commissioner's Order requiring you to backfill the channel by September 30, 1992, is temporarily suspended. The DNR will complete its investigation and take final action either enforcing or rescinding the order by September 18, 1992.If necessary, we will extend the completion date to October 31, 1992. Please be advised, any work undertaken prior to our findings may be considered a violation of state water law. In addition, you are reminded that this project may also require authorization from other units of government at the federal and local level. If you have any questions, you may contact Area Hydrologist Terry Lejcher at (218)739-7576. Sinc^ely, Kent Lokkesmoe Director Region I Enforcement Richard Pembertoncc: Jerry PaulTerry Lejcher Paul Swenson/John Fax Ottertail County Zoning AdministratorUSCOE AN EQUAL OPPORTUNITY EMPLOYER r,;;ccsv-i wiMi'S ® ^STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES Uu;o In the matter of the alteration of the cross-section of West Lost Lake 56-481P by Leona Zimmerman or her agents without a permit from the Commissioner of Natural Resources. FINDINGS OF FACT ORDER WHEREAS, it has been brought to the Commissioner's attention that certain excavation activities have taken place in West Lost Lake 56-481P located in the SW 1/4 of the NE 1/4 of Section 32, Township 134 North, Range 41 West, Otter Tail County, and WHEREAS, the Commissioner has conducted an investigation of this matter. NOW THEREFORE, the Commissioner issues the following Findings of Fact and Order pursuant to Minnesota Statutes 103G.251. FINDINGS OF FACT West Lost Lake (56-481P) is a public water of the State1. of Minnesota as defined in Minnesota Statutes 103G.251. Leona Zimmerman, 418 East Lakeside Drive, Fergus Falls, MN 56537, is the owner of Government Lot 2 and Lot 3 of 2. the N 1/2 of Section 32, Township 134 North, Range 41 West (Maine Township). In recent years, an area about 25 feet long by about 12 feet wide by about 3 feet deep in the bed of West Lost 3. Lake has been excavated by unknown means. This excavation has created an artificial channel4. immediately west of an existing natural channel. These 2 two channels, side by side, connect the smaller south portion of West Lost Lake with the larger north portion The apparent purpose of the artificialof the lake. channel is to provide boat access between the two lakes. The artificial channel prevents access to the narrow piece of land that separates the north and the south portion of West Lost Lake. The existing natural channel provides necessary flow between the two lakes and is spanned by a small concrete bridge that prevents navigation between the south and 5. the north portion of West Lost Lake. Prior to the excavation of the artificial channel, access has been maintained to the narrow piece of land 6. that separates West Lost Lake. Minnesota Statutes 103G.245 require that a permit be obtained from the Commissioner prior to any excavation of the bed of a public water and prohibit the issuance 7 . of said permits unless the work authorized by the permit is consistent with any local shoreland management ordinance. Minnesota Public Water Regulations, part 6115.0200, subpart 3 and subpart 5 require a permit from the Commissioner for the excavation and removal of any 8. materials from public waters and prohibit the issuance of said permit where the excavation would not provide an effective solution to a problem because of recurrent sedimentation and there are feasible and practical alternative solutions which do not require excavation. 3 It is determined that excavation of material from the9. bed of the lake at this location is not practical or reasonable due to the nature of the soils of the area and it is expected that the excavated area will be filled back in by sediment deposit and sedimentation. Leona Zimmerman or any other person, has never applied for or received a permit from the Commissioner to 10. excavate in the bed of West Lost Lake at the aforementioned location. Minnesota Public Water Regulations, part 6115.0222, subpart 4 do allow the construction of low waterfords 11. across protected watercourses under certain conditions without a permit from the Commissioner provided certain conditions are met. The facts appear sufficiently clear so as not to necessitate a public hearing. 12. Based on the foregoing, the Commissioner now makes the13. following ORDER The Commissioner does hereby waive a public hearingA. hereon pursuant to Minnesota Statutes 103G.311 and 103G.251. Leona Zimmerman is hereby ordered and directed toB. undertake the following: On or before September 30, 1992, place about 35 cubic yards of clean granular fill in that portion of the excavated channel that has been artificially 1. 4 created. This fill shall create a smooth and level transition with both sides of the existing in place road and along the lakeshore on both sides. ’ 2. To adequately stabilize this fill by placing mineral soil on the top of the fill and stabilizing the site by establishing vegetative cover on the mineral soil. This can be accomplished by seeding and or sodding the site by September 30, 1992. To do no further excavation of the bed or bank3. of West Lost Lake without first obtaining a written permit from the Commissioner. To do no further excavation of West Lost Lake4. without first obtaining all necessary permits from the Otter Tail County Land & Resource Office. To notify the Area Hydrologist, Terry Lejcher, 1221 Fir Avenue East, Fergus Falls, MN 56537 (218-739- 7576), upon completion of the fill work. To inform potential buyers of this property of the Commissioner's Order and to inform the Department of 5. V 6. Natural Resources of any intent to sell the property before the requirements of this Order are completed. ^2^IT IS SO ORDERED THIS , 1992.DAY OF COMMISSIONER OF NATURAL RESOURCES -m ■cBy: Kent Lokkesmoe, Director Division of Waters DEPARTMENT OF NATURAL RESOURCES STATE OF PHONE NO.FILE NODIVISION OF WATERS 500 LAFAYETTE ROAD 55155-4032ST. PAUL, MN612-296-6157 f..August 3, 1992 0 5 iaud & CERTIFIED MAIL Leona Zimmerman 418 East Lakeside Drive Fergus Falls, MN 56537 Dear Ms. Zimmerman: COMMISSIONER'S ORDER, WEST LOST LAKE (56-481P), OTTER TAIL COUNTY Attached is an Order of the Commissioner relating to waters of the State of Minnesota. Restoration of the unauthorized work can be ordered and any subsequent civil action to enforce the Order can be brought regardless of the outcome of any related criminal proceedings. Pursuant to Minnesota Statutes 103G.251, the person to whom the Order is issued may demand a hearing on the Order provided the demand for hearing be filed with the Commissioner within 30 days of service hereof. However, if no demand for hearing is made by the person to whom the Order is issued or if that person demands a hearing but fails to file the required bond, the Commissioner's Order becomes final at the expiration of 30 days after the person is served with the order and no appeal of the Order may be taken to Minnesota State Court of Appeals. No bond or security is required of a public authority which demands a hearing. Minnesota Statutes 103G.311 requires that if you file a demand for public hearing you must execute and file a corporate surety bond or equivalent security to the State of Minnesota. The amount to be filed is $500.00 as set by the Commissioner. The bond or security shall be conditioned for the payment of certain costs and expenses of the public hearing if the order is affirmed without material modification; however, your liability is limited to $750.00. Bond forms will be supplied at your request. AN EQUAL OPPORTUNITY EMPLOYER : Leona Zimmerman Page 2 If you have any questions, please contact Area Hydrologist Terry I.ejcher in Fergus Falls at 1221 Fir Avenue East, Fergus Falls, MN 56537 or by telephone at 218-739-7576. Sincerely, ION 0 :S Kent Lokkesmoe Director KL/JAA;If Enclosure cc:Region I Waters Region I Enforcement Terry Lejcher Otter Tail County Zoning West Otter Tail County SWCD USCOE Dick Pemberton Law Office Building 110 North Mill Street P.O. Box 866 Fergus Falls, MN 56537 Oc 1:.6 1991|[I3 ij)ct. ]jno., /zuuiari j-OL u . nuo . Grar-tor •Huntington Properties, Inc. by David Jolin Miller, Pres Robert A. Rainey and Ellen M. Rainey, liusband and wife as joint tenantsGrantee Consideration $ 10,000.00 - due according to terms with 9-2% int. DESCRIPTION IWP.SEC RHG.No. ACRES That part of Govornmont Lots Ton (10) anJ Elovon (11), Section Thirty-two (33), Township Ono hundrod Thirty-four (134), Range Forty-one (41), Otter Tail County, Minnesota, followoi Comraancinq at the Southedat corner of said Section 32: thanca on an nsBUmod bearing of South 89 dogrooe 30 minutoo 30 socondo East along tho oaatorly extension of the southerly lino of said Section 32 tor a distance of 4.42 feet to tho centerline of County State Aid Route No. 35 as oxioting and conetructodj thonoo North 00 dogroos 04 minEitoo 17 seconds West centerline for a diotanca of 1763.77 feat; thence South 89 daaroaB SS talnutoa 43 oaconds Mast 2.22 feet to tha easterly line of said Section 32; thence on on assumed bearing of North on the easterly lino of said Section 32 for a distance of 934.14 feet to point of beginning of area to be described, said point for descriptive purposes only referred to as Point "A"; thence South 80 degrees 56 minutes 57 seconds Host 88.99 foot; thence tangential curve to tlio loft. described as on said on- acentral angle of 55 degrees 44 olnutoB 10 seconds, radius of 141.84 feet for an arc distance of 137.98 feet to a point for descriptive purposes only referred to an Point "C"; thence North 05 dogroos 49 minutes 25 seconds West a distance of 878 foot more or loss to tho shoreline of Host Lost Lahe; thence northoastorly on said shorolino to tho easterly lino of said Section 32; thence on a bearing of South on said easterly lino for a distance of 995 foot more or loss to point of beginning, except a strip of land doscribod as follows: A 33 foot wide strip of land lying within Govornmont Lot 11 Section 32, Township 134, Range 41, Otter Tall County, The centurllno of said iitrlp is described as follows; at tho Southeast corner of said Section 32; thence on an assumed bearing of South 89 degrees 30 minutes 30 seconds East 'ilong tho easterly extension of tho southerly line of said Section 32 for a distanca of 4.42 foot to the centerline of County State Aid Highway Ho. 35 as degrees 04 minutes 17 seconds Host on said centerline for a distanca of 3547.27 foot to tho point of beginning of tha line to bo described; thence southwesterly on a nontangential curve, concave to tho Southeast, liaving a radius of 376.82 foot, a central angle of 47 dogroos 52 minutes 57 seconds and a ctiord bearing of South 66 degrees 05 minutes 55 seconds HoEit, for an arc distanca of 314.91 feet; thence South 42 degrees 09 minutes 27 seconds Hast for a distance of 446.95 feet; thence Bouthwootarly on a tangential curve concave to the Northwest, having a radius of 430,75 feet and a central angle of 33 dogroos 35 mlnutea 15 Bocondo, for an arc distance of 252.51 feet; thence Houth .75 degraas 44 minutes 46 seconds West 96.20 feet; thence South 64 degraes 02 minutes 32 soconds West 240.18 feet; thence northwontarly, on a tangontial curve, concave to tho Northeast, having a radl 15 minutes 04 seconds, for an aro distance of 83.52 feat; thence North 36 degraea 42 minutes 47 oaconds Heat 50.00 feet and there terminating, Subject to tho rights of tha public In County state Aid Route No, 35 and subject to a 33 foot wide private road easement tho centorllno of which follows the abovo-dascrlbod courses as extending between aaid Points "A" and "C," oaid tract containing 4.8 acroB more oc less, otter Tall county, Minnssota; togothor with all horadltamanto and appurtenances belonging thorato (tha Proparty) . MinnoDota. Cummoncing oxioting and conotructod; thonco North 0 us of 60.39 feat and a central angle of 79 degrees Subject to incumbrances, if any: adstract of certificate of acknowledgement Ha OF WfTNESSa SEALNAME AND TRIE Of OFFiaRWHO ACKNOWLEDGEDDATE Jiia Armfield, N.R. San beruardino Co coiiuii. exp. 8-31-93 Thomas H. Verhelst, N.P. a_T 0-0^ yesOct. 15.19S1 above grantor CA * } ■ yesOct. 7,1991 above grantees A' tio-------t :.. ; »»■ iPfc ■.r-1;:->' \-*wi..hV?‘ ■ >' .' «,. *i,N.=-ip. >pield ABSTRACTXCOMPANY. Feijui FalU.'Mmil." coa V' Tie^as 567NATURE OF INSTRUMENT RECORDED IN BOOK,.PAGE FILED DATE Probate Deed DAY MONTH YEAR K M.P M '. DAY MONTH YEAR•e 11MM131939No Vo P'lO 11 Oct»1939 ^1 Oscar Fo Anundsen, alias Ou F. /imundsen. Administrator of the Estate of 0. Ao ''Iraimdsenj estate.Grantor •:i I Allen Jo KnutsonGrantee ii»SmsM i I'1 r;1250o00 Cl»50 Int Rev Stamps Cancelledo A'I Consideration S g- fc’HH SEC rwp.RNG.No. ACRESdescription Lots 2, 3j und Ij, of Section 32, ToTOship 13ii, Ran"e Ul, a'.so all ripjarian included and a strip of land 2 rods v;ide follovn.ng the laic;; shore leaiving 'i^he main road at the north point of lot 11, of Section 32, Townshio 13it, Range ia, said I strip proceeding from the above mentioned point in a southiesteily d:iection along the south shore of West Lost Lake to the point nearest opposite Section 32, Township 13U, liange iil, of Otter Tail County, Subject to incumbrances, if any: right i i f pointj in lot 2, of I-iirmesota, 'la to S' 'SABSTRACT OF CERTIFICATE OF ACKNOWLEDGEMENTNo. OF WITNESSESj NAME AND TITT-E OF OFFICERWHO ACKNOWLEDGED SEALDATE 2 Oct 11, 1939,Oscar Fo Amundsen, alias 0. F. Amuiid - sen, as Administrator of the estate above.kLuella Saure Brendecke, les^ Clerk of I-funicipal Court Ce@(u!aCSKuu;C term expires-April iL, 19ii0 - o;.l f i 116.106 Victor LtindCM Cf O*.. r«rga» rwic. hUtta. . i i»1i ^1 xr I•CM• ......fj} •................-•■•'-ri'. •. • ■■ /r,.-“ V - r., r-r-r"—J-..- • '. • »■ ijR ^.v. >;o-. ‘'I' i:.'!wwT'^nafir-............. I ■ II , ^ ^ '"'I ' ^ -‘ V/'~* v '^y^*-- ■.-/^'^*'7--:. sss 1^*S/i- -Ix^- of" - l>-it;ges pftftp-- !).s-^■ NATURE OF INSTRUMENT Mortgage Deed RECORDED IN BOOK. FILED DATE 'MONTHDAY YtAR P M.'. DAY MONTHA. M.YEAR swp '( ' f18 :5Dov.1921 14 Dov. 19214 . !';•>Et >Grantor 0* A* Amundsen, a single man ;•, Grantee Farmers State Bank of Underwocd, 5^ $ ,75 Beg - Tax pd.Consideration $500.00 Due Jan. 12, 1923. otsounioN TWP.SEC RNG.No. ACRES (Sit Lots 2, 3, and 4 of 32 also a strio of land two rods v.dde folloviing the lake shore 1 eavini: the main road at the North point of Lot 11 sard Section 32- all in Tov.ti. 134,41, slan^'e aid srrip proeeeding from above point in a Southwesterly direction .alon Z tiie south shore of V.'est Lost Lake to the point nearest the opposite point in Lot 2 of d towaship acovesection ar describedi Except a mortgage of $1200 due Jan. 12, 1923*Subject to incumbrances, if any; ABSTRACT OF CERTIFICATE OF ACKNOWLEDGEMENTNo. OFWITNESSES WHO acknowledged NAME AND mVE Of OFFiaRDATE SEAL Nov. I4j 1921 2 0, A. Amundsenj a single man E. li. Evenson^NT^Otter Tail County, Minne^JotaoYes Cofnmiuioo ExpirDecember 7, 1922 Sats mmm .....‘•■m . V» *•r'' 1