HomeMy WebLinkAbout41000990435000_Conditional Use Permits_04-18-2001Conditional Use Permits
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885808 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
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THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR CONDITIONAL USE PERMIT
COUNTY OF OTTER TAIL
121 W Junius Suite 130, FERGUS FALLS, MN 56537
(218) 739-2271
“•COMPLETE THIS APPLICATION IN BLACK INK***Application Fee / ^ ^ ^
Receipt Number
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PROPERTY OWNER DAYTIME
(o^-lADDRESS
aJet3'0'3l3"7LAKE NUMBER LAKE NAME LAKE CLASS
( RANGE3(SECTION TOWNSHIP TOWNSHIP NAME
.E-911 ADDRESS ^ __________
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y/-OOP--aI Oo<9PARCEL NUMBER
LEGAL DESCRIPTION
CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request)
(1) Topographical Alteration (2) Commerciai Use {3) Cluster Development (4) Extractive Use ( 5) Industrial Use
( 6 ) Forest Land Conversion ( 7 ) Miscellaneous ^ ^ ___________________________
EXPLAIN YOUR REQUEST
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I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE. OF THE LAND.
ALSO UNDERSTANDJHAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILIP^TO
SOURCE MANAGEMENT REGARDING THIS MATTER.col :^LAf^^
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SIGt)ATURE OF PROPERTY OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)BK-060e006
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-4. 3-/2-<p/Accepted By Land & Resource
L & R Officlal/Dats
‘7.MDate Of Planning Commission Hearing Time
Planning Commission Motion
Aprii 18. 2001 - Approved With Conditions:
Motion: A motion by Trites, second by Estes to approved with the foliowing conditions:
1. A grading plan for construction of the access must be approved by Land & Resource
Management. 2. There must be locked gate placed onsite. 3. An association (or
something similar) must be created to maintain the access. 4. A protected covenant
prohibiting the creation of boat accesses on Lots 2-9 must be signed by the future
owners of Lots 2-9. 5. This access must be removed if a public access is developed
on this lake.
ountyl^Chairman/Otter Tail C lanning Commission
County Board Action
\/ Approved As Recommended
____Denied As Recommended
Other
oH Iah Ioi
Date of Filial ActionCl^man/Ott4r Tail County Board of Commissioners
L & R Official/Date ^ *
CONDITIONAL USE PERMIT #
Permit(s) required from Land & Resource Management
^ No
Yes (Contact Land & Resource Management)
Copy of Application Mailed to Applicant And MM DNR
.*
EASEMENT AGREEMENT
day of October, 2001, byTHIS AGREEMENT, made and entered into this
Milton T. Paulson and Linda Paulson, husband and wife (hereafter “Paulson", whether
one or more), owners of certain land lying and being in the County of Otter Tail, State of
Minnesota platted as Lots One (1) through Ten (10), Block One (1) of Belmont Pointe;
WITNESSETH:
WHEREAS, Belmont Pointe is located on Belmont Lake, which lake is currently
without a public access; and
WHEREAS, Paulson applied to the Otter Tail County Planning Commission for a
conditional use permit to establish a private access on Lot One (1), Block One (1) of
Belmont Pointe for the benefit of the owners of Lots One (1) through Nine (9), Block One
(1) of Belmont Pointe; and
WHEREAS, the conditional use permit sought by Paulson was granted subject to
certain conditions, including the requirement that there must be a locked gate placed on
site, that a restrictive covenant be put in place prohibiting the creation of boat accesses on
Lots Two (2) through Nine (9) of Block One (1) of Belmont Pointe, that a mechanism be
created to govern the maintenance of the access, and that the access must be removed
if a public access is ever developed on Belmont Lake; and
WHEREAS, Paulson has adopted a Declaration of Reservations, Covenants and
Restrictions for Belmont Pointe dated , 2001, recorded in the office of the
, 2001, as Document
, which declaration specifically provides that no boat access shall be
- maintained on Lots Two (2) through Nine (9), inclusive, Block One (1) of Belmont Pointe,
(but said provision shall not be interpreted as preventing the docking or mooring of boats,
pontoons, etc. on the shoreline for each of the aforementioned lots in accordance with
applicable regulations); and
Otter Tail County Recorder, State of Minnesota on
Number
WHEREAS, Paulson intends to establish an appurtenant easement for private
access to and from Belmont Lake over and across Lot One (1), Block One (1) of Belmont
Pointe for the benefit of the owners of Lots Two (2) through Nine (9) of Block One (1) of
Belmont Pointe (and to be used by the owner of Lot One (1) of Block One (1) of Belmont
Pointe) on the terms and conditions herein stated.
NOW, THEREFORE, Paulson, on behalf of themselves, their heirs, successors or
assigns, hereby grants and conveys a right of way for purposes of a private boat access
to Belmont Lake over land lying and being in the County of Otter Tail, State of Minnesota,
legally described as follows, to wit:
[legal to be inserted] (hereafter “Easement Tract”);
on the following terms and conditions:
The Easement Tract shall be for the benefit of and only be used by the
owners of Lots One (1) through Nine (9), Block One (1) of Belmont Pointe for the purpose
of providing boat access to and from Belmont Lake. No public access shall be created to
Belmont Lake over the Easement Tract.
1.
The owners of Lots One (1) through Nine (9), Block One (1) of Belmont
Pointe shall be responsible for maintaining the Easement Tract, and any costs associated
therewith shall be born equally by the owners of said lots (if more than one lot is titled in
the name of the same owner(s), then that (those) owner(s) shall be considered to be the
owner of one lot). A majority of the owners of Lots One (1) through Nine (9), Block One
(1) of Belmont Pointe, as above defined, shall determine what actions need to be taken to
maintain the private boat access.
2.
3. A private locked gate shall be maintained at the entry of the Easement Tract
along the dedicated road in the plat of Belmont Pointe, with one key for the locked gate to
be provided to the owner(s) of each of said lots, with the cost of replacing any key to be
born by the owner(s) needing a replacement key.
4.That this easement shall terminate upon the establishment of a public access
on Belmont Lake.
Milton T. Paulson
Linda Paulson
STATE OF MINNESOTA )
) ss
COUNTY OF OTTER TAIL)
The foregoing instrument was acknowledged before me this
___________, 2001, by Milton T. Paulson and Linda Paulson, husband and wife.
day of
Notary Public
-2-
THIS INSTRUMENT WAS DRAFTED BY:
Robert L. Russell
SVINGEN, ATHENS, RUSSELL, HAGSTROM,
HAUGRUD & KARKELA, P.L.L.P.
125 South Mill Street
P.O. Box 697
Fergus Falls, MN 56538-0697
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