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46000991150000_Variances_12-17-2019
Variances 2 Barcode 128 O 1 •” O T T cr,•_» i jI. i. -J mm’Date Stamp RECEIVED DEC 1 7 2019 AND & RESOURCE CAROL SCHHALTZ OTTER TAIL COUHTY RECORDER/REGISTRAR OF TIiLtS FERGUS FALLS, MH RECORDED OH 01/15/2020 03:43 PM FEES 46.00 PAGES 4 WELL CERTIFICATE RtC'D; N/T r " * (I L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPLICATION FOR VARIANCE w COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 www.ottertailcountvmn.usWMMW H 500,00Application Fee Receipt Number Xoi ^ 3j Accepted by Date Property Owner 7 PvJVcKg^ 45431 Lamplight Drive [.m K’A Hrt4,i/U(}K0NamePam Scheer 7Z-7 IU (\%N 3 7 Address City Ottertail State MN Zip 56571 Daytime Phone 218.770.0428 Email goodlife@arvig.net Parcel Information Lake Class gdLake NameLake No 56-209 Buchanan Lake 46000991150000 ^Parcel Number(s)46000990959000 \46000991148000 \ (ihiinic^n)Parcel Number(s) SectionTownship Name Otter Tail Township Legal Description Lot 10, Block 1 South Oaks, Lot 2, Block 1 and Lot 2, Block 2 of Lamplight View - *i!ysPhysical Address 45431 Lamplight Drive, Ottertail, MN 56571 TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size Sewage System Subdivision mMiscellaneousClusterWECS 1 SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS, CITE THE RELEVANT SEaiON(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: Permanent Attachment and simple subdivision of land less than 5 acres IV. General Requirements 10. Subdivision ProvisionsSECTION OF ORDINANCE: VARIANCE REQUEST: Plat of Lamplight View is a 2017 Plat. This application contains 2 requests. 1st - Riparian (non-buildaWei^Lot 2, Block 1 Lamplight View to be permanently attached to existing riparian Lot 10, Block 1 South OaksCgy S-^e beV)vAr' ■—^>2nd - Minor subdivision by variance of Lot 2, Block 2 Lamplight View to be split into 2 lots for single family residential use. A surveyor's map accompanies this application which shows the proposed split and attachment. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. K ihpj’AJ SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) OFFICE USE ONLY Date of Board of Adjustment Hearing ^O’oV pkYlTime pk-f 0^ iMKc3.. Cl (/\T ~{Q to K I V i^[/j u ^ Lon & Susan Hanson and Pam Scheer - Variance Application Approved with Conditions (6:27 p.m.) After consideration and discussion, Darren Newville made a motion, seconded by Michael Donoho and unanimously carried to approve the variance request as described in the variance application and as depicted on the drawing(s) submitted with the variance application to permanently attach Lot 2 Blk 1 Lamplight View (riparian non-buildable lot) to Lot 10 Blk 1 South Oaks (riparian lot) and subdivide Lot 2 Blk 2 Lamplight View into 2 single family residential lots with the conditions that the property transfer is completed and there is room for 2 onsite septic systems on proposed Parcel B. The documentation for the 2 onsite septic systems needs to be submitted to Land & Resource Management prior to the land transfer. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. Imairman/OtterTail County Board of Adjustment Permit(s) required from Land & Resource Management yYesNo Note: If Yes, contact Land & Resource Management MCopy of Application mailed/emailed to Applicant, County Assessor and MN DNR L&R Official/Date cl 01122019-001 2 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTCRTAIl GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Board of Adjustment Findings of Fact and Decision Applicant:Lon & Susan Hanson - Proposed Buyer/Owner: Pam Scheer Address/Parcel No. 45431 Lamplight Dr. /46000990959000, 46000991148000 & 46000991150000 Requested Variance: Plat of Lamplight View is a 2017 Plat. This application contains 2 requests. r* - Riparian (non-buildable) Lot 2 Block 1 Lamplight View to be permanently attached to existing riparian Lot 10 Block 1 South Oaks *The Plat of Lamplight View required permanent attachment of Lot 2 BIk 1 to Lot2 BIk 2, request to reassign the permanent attachment to Lot 10 Bk 1 South Oaks.____________________________ - Minor subdivision bvvariance of Lot 2 Block 2 Lamplight View to be split into 2 lots for single family residential use. A surveyor's map accompanies this application which shovys the proposed split and attachment.' Otter Tail County Ordinance: X Shoreland Mgmt. Sanitation. Subdivision. WECS Dock & Riparian Use Setback Ord. Ordinance Section Citation: IV. General Requirements 10. Subdivision A variance may be granted only where the strict enforcement of county land use controls will result In a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the following criteria: The applicant identified the following practical difficulty: Wants to protect Lot 2 BIk 1 of Lamplight View and Attach to LotlO BIk 1 of South Oaks Otter Tail County Board of Adjustment-Variance Question Findings 1. Is the variance in harmony with the generai purposes and intent of the officiai control? (The board shall consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... No, the variance is NOT in harmony with the general purposes and intent of the officiai controi... ...because: The attachment of Lot 2 BIk 1 of Lamplight View to Lot 10 BIk 1 of South Oaks is protecting the unbuildable access lot which increases the water frontage of Lot 10 BIk 1 of South Oaks. The proposed split of Lot 2 BIk 2 Lamplight creates 2 standard size lots. 2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasonable use pf the property Is lost (practical difficulties) by the strict enforcement of the official control). X Yes, the property owner is proposing to use the property in a reasonable manner... No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: The ordinance allows for permanently attaching lots and creating standard size lots which are permitted uses. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: Yes, the property was platted prior to this and would like to create 2 standard size lots and permanently attach a riparian non-buildable lot to her lot (adjacent). 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: It's an existing plat, they want to change attachments and create 2 non-riparian lots out of 1 non-riparian lot. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cast considerably more does not constitute a practical difficulty). X Yes, the need for the variance involves more than just economic considerations.... No, the issuance of the variance is only for economic considerations... ...because: The proposed lots will all be legal lots when the recording Is done. This will also benefit the lake itself with the riparian non- buildable lat being attached to the adjacent riparian lot which now will not allow access from the back lot which it was previously attached to. The Otter Tail County Board of Adjustment: APPROVES X the requested variance.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request DATED:January 9,2020 Board of Adjustment Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. LAND & RESOURCE MANAGEMENT Government Services Center 540 West Fir AvenueOTTERTAILCOUNTY - MINNESOTA Fergus Falls, MN 56537 Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Owner: Lon K & Susan Hanson 727 Melody Lane Fergus Falls MN 56537 Has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Owner/Purchaser: Pam Scheer 45431 Lamplight Dr. Ottertail MN 56571 Thursday, January 9, 2020 at 6:00 p.m. in the Commissioner's Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) Individuals requiring special accommodations should contact the Otter tail County Land & Resource Management office prior to the date of the public hearing. Written correspondence will be received up until 12:00 p.m./noon the day prior to the public hearing date. ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing.. The property concerned in the application is legally described and located at: Parcel No. - 46000990959000,46000991148000 & 46000991150000 Lot 10 BIk 1 - South Oaks Lot 2 BIk 1 & Lot 2 BIk 2 - Lamplight View Section 1, Township 134, Range 39 Township Name - Otter Tail Buchanan (56-209), General Development (GD) 45431 Lamplight Dr., Ottertail MN 56571 Legal Description: Lake Name/Number/Class: Property Address: The variance requested is the foilowing: Plat of Lamplight View is a 2017 Plat. This application contains 2 requests, r* - Riparian (non-buildable) Lot 2 Block 1 Lamplight View to be permanently attached to existing riparian Lot 10 BIpck 1 South Oaks *The Plat of Lamplight View required permanent attachment of Lot 2 BIk 1 to Lot 2 BIk 2, request to reassign the permanent attachment to Lot 10 Bk 1 South Oaks. 2"*' - Minor subdivision by variance of Lot 2 Block 2 Lamplight View to be split into 2 lots for single family residential use. A surveyor's map accompanies this application which shows the proposed split and attachment. Amy Busko Board of Adjustment Secretary December 24, 2019 (@) ottertailcountymn.usOTTERTAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 PROPOSED SPLIT AND AHACHMENT \ \ 1 ikAJSf i/at-rr* lyiEWU _ .r^v* ____________________ ^ S* ) J OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION ottertailcountvmn.usOTTER TAIlOOttTT-ai GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT, BETWEEN OCTOBER 1^^ & MARCH 31^'^ I understand that, due to snow cover, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my q - *=\ O propertv/proiect (Tax Parcel # ~), described Application(s) datedon my Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of receipt of my completed Application(s). Check One; I I I agree to waive the 60-Day Rule in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action on my Application(s). I do not agree to waive the 60-Day Rule, and I understand that in the absence of waiving the 60-Day Rule, the County may have no alternative but to deny my Application(s). /^// 7//^ DATED PROPERTY OWNER LR: Forms: Waiver 60 Day Rule 02-21-2017 1200453 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 12/14/2017 11:10 AM recbved DEC 1 7 2019 land & RESOURCE CO,__ =r~5 FEE: 46.00 PAGES 1 WELL CERTIFICATE REC'D: N•GO a WARRANTY DEED A UflIndividual (•> to IndividualNO delinquent taxes^oncl transfer entered; Certificated'^ of Real Estate Value ( ,)c5^flle ( ) not requiredCertificate of Real Bstate'Svalue no.?^/30 , , * County Auditor'-^X\rn>'hoo0f:fi (<4^900 0 V © > Deputy_______ DEED TAX DUE HEREON:CRV #: ^ I 30 2017 ©DaCe: __ ______ FOR VALUABLE CONSIDERATION, x'iaManco L. Davis and Katlilaan B. husband amd wi£a. Grantors, hereby convey (s) auid warrant (s) Hanson and Susan C. Hanson, Ltzustees of the Z,on K. Hanson Hainson Joint Revocable Living Trust U/A/D the 17*^ day 2010, GrcUitee(s), real property in Otter Tail County, described as follows: Davis, to Lon K. amd Susan C. of Deoember, Minnesota, Lot 2, Block 1, Lamplight View, according^ to the plat thereof on file amd of record in the office of thS) County Recorder of Otter Tail County, MinnesotaThis lot to 'be^ pecmanentlY attached to Lot 2/ Block 2, Lamplight View-^^^together with all hereditaments^ and appurteiiances belonging thereto, subject to the following exceptions:© reservations and easements of record, \i.frestrictions,any. Grantors certify that the Grantors do not know of any wells on the described real property. BOUNTY OF OTTER TAIl STATE OF MINNESOTA DEED TAX S J?=S nO DUMBER 47SW <^ -(_<> DATE C=f^ STATE OF MINNESOTA 4- Terrance L. Davis Kathleen B. Davis ) ) ss. COUNTY OF fdnegoing instrument was acknowledged before me this , 2 017, by Terrance L. Dayi, Grantor(s). The and Kathleen B.day of Davis, husband and wife, \ TIMOTHY J- PEDERSON NOTARY PO«.IC • MINNCSOTA My Comm. Eicp. Jan. 31. 2020 Notairy Publl Tax St^at-erants To: Iion K. and Susan C. Hanson, Trusl^aas 45512 Lamplight Drxva MN 56571 I hsroby oor«fy*mat taxes foi the year Q I *7 for the lands described within are paid THIS INSTRUMENT DRAFTED BY; Timothy J. Pederson PEDERSON £ PEDERSON, P.A. Attorneys at Law 24 Southwest Colfax P.O. Box 623Wadena, MN 56482>0623 County Treasurer 90143a No delinquent taxes and transfer entered; Certificate of ) not required.OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # 9014 til! was filed/recorded in this office for record on the day of --------________2002at/^lSAm Wendy L. Metcalf, County Rewrder'^ 't 'I \ JL Dupirty ,-^t ,..0. ctf rafiorriing foe . well certificate |dd^ Real Estate Value ( ^ filed { Certificate of Real Estate Value No__T v- ’ (Vtar)Wayne^^tein, County Auditor by Deputy PERSONAL REPRESENTATIVE’S DEED '.;OUiiTY OF OTTER TAlt STATE OF MINNESOTA OEED tax r SJO..L-aLy NUMBER OATE _ - STATE DEED TAX DUE HEREON: $ 501.27 12002Date: April 5 FOR VALUABLE CONSIDERATION, the Grantor, Charles E. Hanebuth, as Personal Representative of the Estate of Bernice C. Hanebuth, Decedent, single at the time of death, hereby conveys and warrants to the Grantees, Brian Scheer and Pam Scheer, as joint tenants and not as tenants in common, real property in Otter Tail County, Minnesota, described as follows: Lot Ten (10). Block One (1). South Oaks, according to the Plat thereof on file and of record in the office of the County Recorder in and for Otter Tail County, f^ppp|\/crpk Minnesota. * ^ ^CIVCU “C 17200 lAND&REsOURCfP.N.: 46-000-99-0959-000 Together with all hereditaments and appurtenances belonging thereto; subject to the following exceptions: Easements, restrictions, and reservations of record, if any. The Grantor(s) certify that the Grantorfs) does/do not know of any wells located on the described real estate. A Well Disclosure Certificate accompanies this document. X-The Grantorfs) certify that the status and number of well(s) on the described real estate has not changed since the last previously filed Well Disclosure Certificate. Charles E. Hanebuth, as Personal Representative of the Estate of Bernice C. Hanebuth, Decedent STATE OF MINNESOTA ) ) SS. COUNTY OF BECKER ) The undersigned Notary Public does hereby certify that Charles E. Hanebuth, as Personal Representative of the Estate of Bernice C. Hanebuth, Decedent, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act, for the uses and purposes therein set forth. Given under my hand and notarial seal this day of April . 2002. •vih “7 • If Notary Public^MARTHA A JONES notary PUBUC-MINNESCTA CommiliJon ExpifB Jan. 31.2;. .My commission expires: l.'31/0.‘> Mail ta.\ statements to: Briaij^Scheer and Pam ScheerUuy'ipi i qu f- fM": , luL i/6 This document prepared by: Minnesota Title & Closing Company 714 Lake Avenue, Suite 103 Detroit Lakes, MN 56501 Telephone: (218) 847-1297 \ 1 ADDENDUM TO PURCHAS^ AGREEMENT: ^ COUNTEROFFER This term approved by the MkmesolaAssociallon of REALTORS*, «vhictuisc>aiinsanyKat]ilityarislnooutolus8ormlausea(tM8fi>mi. C 2019 MkmMoia AsaocMfon of REALTORS*, Edina. MN 15th, 20191. Date _ 2. Page 1 12 th 2019S. Addendum to Purchase Agreement between parties, dated 4. pertaining to toe purchase and sale of toe Property at <5512 Laepiitf»t Pr 5. otter tail____________________________________________________56571NN 6. This Counteroffer does not Include the terms or conditions in any previous Counteroffer(s). 7. The Purchase Agreement is rejected and the folowing Counteroffer is hereby mada All terms and conditions remain 8. the same, as stated in the Purchase Agreement, ew^pt the following: 9. (Select appropriate changes from original offer.) 10. El Purchase price (and corresponding FHA ESCAPE CLAUSE sals price, if applicable) shall be - I'l, 360,000.00 12. Q Earnest money Shan be a total of $ 13. O Cash of 14. Q Mortgage financing of 15. E] Clo^ng date shall be__r«bmary 28th, 2020 16. Q Seller agrees to complete aH FHAA.ender required repairs, not to exceed $ 17. Q Seller shall pay Buyer's closing costs, prepaids, insurance and_________ 18. not to exceeds 19. □ OTHER;_____ — percent (%) of the sale price, which indudes the earnest money. percent (%) of the sale price. percent (%) of the sale price.or 20. 21, 22. 23. 24. 25. 26. (Dale) '(I 27. . (tMte)(8*0 (BuywJ jULzjXzIS28. (saiw)(Dale)(Buyer) ATTACH ONLYTHE FINAL COUNTEROFFER ADDENDUM TO THE PURCHASE AGREEMENT. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). IFYOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL (Data) 29. 30. 31. MNiAMLC (8/18) (JiftEAlIfOR^ instanetroKMS' ^ PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS*, which disclaims any liability arising out of use or misuse of this form. © 2019 Minnesota Association of REALTORS*, Edina, MN Pecember NEWH R170NS B E fi I T 4 12th 20191. Date 2. Page 1 3. BUYER (S): P™ Sch^r 4. 5, Buyer’s earnest money in the amount of Five Thousand ___Dollars ($6. 7. shall be delivered to listing broker, or, if checked, to Q______ ----------------------------------CEamest Money Holder^- 8. Days after Final Acceptance Date of this Purchase Agreement. Buyer and Seller agree that earnest money shall be 9. deposited in the trust account of Earnest Money Holder as specified above within three (3) Business Days of receipt 10. of the earnest money or Final Acceptance Date of this Purchase Agreement, whichever is later. 11. Said earnest money is part payment for the purchase of the property located at 12. Street Address: 13. CHy nf Ottertail 14. State of Minnesota, Zip Code sssii no later than two (2) Business Iiamplight Drive O't'fcer Tall_, County of , legally described as Lamplight View, Pegmanently attached. Set. 1, T. 13A, R, 039. 46000991150000 S A6000991148000. Lot 2 Blk 2 aad Lot 2 Blk 1 15. 16. Said purchase shall include all improvements, fixtures, and appurtenances on the property, if any, Including but not 17. limited to, the following (collectively the “Property”): garden bulbs, plants, shrubs, trees, and lawn watering systems; 18. sheds; storm sashes, storm doors, screens, and awnings; window shades and blinds; traverses, curtain and drapery 19. rods, valances, draperies, curtains, and window coverings and treatments; towel rods; attached lighting and bulbs; 20. fan fixtures; plumbing fixtures: garbage disposals; water softeners; water treatment systems; water heating systems: 21. heating systems; air exchange systems; environmental remediation systems (e.g., radon, vapor intrusion); sump pumps; 22. TV antennas, cable TV jacks and wiring, and TV wall mounts; wall and ceiling-mounted speakers and mounts; carpeting; 23. attached mirrors; garage door openers and all controls; smoke detectors; doorbells; thermostats; fireplace screens, 24. doors, and heatilators; ANY OF THE FOLLOWING, IF BUILT-IN: dishwashers, refrigerators, wine and beverage 25. refrigerators, trash compactors, ovens, cook-top stoves, warming drawers, microwave ovens, hood fans, shelving, 26. work benches, intercoms, speakers, air conditioning equipment, electronic air filters, humidifiers and dehumidifiers, 27. liquid fuel tanks and all controls, pool and spa equipment, propane tanks and all controls, security system equipment, 28. TV satellite dishes; the above-mentioned inclusions AND the following personal property shall be transferred with no 29. additional monetary value, and free and clear of all liens and encumbrances: 30. 31. NotWitnstanOing the foregoing, leased fixtures are not included. 32. Notwithstanding the foregoing, the following item(s) are excluded from the purchase: 33. PURCHASE PRICE:34. 370,000.0035. Seller has agreed to sell the Property to Buyer for the sum of ($ Dollars,Three wnnai-ad SevenLv Thoasaad36.37. which Buyer agrees to pay in the following manner: 38. 1.percent (%) of the sale price in CASH, or more in Buyer's sole discretion, which includes the earnest100 39.money; percent (%) of the sale price in MORTGAGE FINANCING. (See following Mortgage Financing section.) percent (%) of the sale price by ASSUMING Seller’s current mortgage. (See attached Addendum to Purchase Agreement: Assumption Financing.) percent (%) of the sale price by CONTRACT FOR DEED. (See attached Addendum to Purchase Agreement Contract for Deed Financing.) 40. 2. 41. 3. 42. 43. 4. 44. CLOSING DATE:45. 3rd 2020Febrqairy46. The dette of closing shall be MN.BA-1 (8/18)N e 8 D T AREALTORSM I N 1 . .« . : PURCHASE AGREEMENT 47. Page 2 Date December Ottertail 12th 2019 48. Property located at 45512 Lamplight Drive MN 56571 MORTGAGE FINANCING:49. 50. This Purchase Agreement □ IS E jS NOT subject to the mortgage financing provisions below. If IS, complete the -----(Check one.)------ 51. MORTGAGE FINANCING section below. If IS NOT. proceed to the SELLER’S CONTRIBUTIONS TO BUYER’S 52. COSTS section. 53. Such mortgage financing shall be: (Check one.) 54. □ FIRST MORTGAGE only □ FIRST MORTGAGE AND SUBORDINATE FINANCING. 55. Rnancing []]] DOES Q DOES NOT include a grant, bond program, or other loan assistance program. If “DOES,” 56. please specify:_____________________ ____________________________________ 57. Buyer shall apply for and secure, at Buyer's expense, a: (Check all that apply.) 58. □conventional 59. □ DEPARTMENT OFVETERANS’AFFAIRS (“DVA”) GUARANTEED 60. □ FEDERAL HOUSING ADMINISTRATION (“FHA”) INSURED 61. □ PRIVATELY INSURED CONVENTIONAL 62. □ UNITED STATES DEPARTMENT OF AGRICULTURE (“USDA”) RURAL DEVELOPMENT 63. □ OTHER. - ' _________^_____________________________________________^ 64. mortgage in the arhount stated in this Purchase Agreement, amortized over a period of not more than . percent (%) per annum. The mortgage application IS65. years, with an initial interest rate at no more than 66. TO BE MADE WITHIN FIVE (5) BUSINESS DAYS after the Final Acceptance Date of this Purchase Agreernent. 67. Buyer agrees to use best efforts to secure a commitment for such financing and to execute all documents required to 68. consummate said financing. 69. MORTGAGE FINANCING CONTINGENCY: This Purchase Agreement is contingent upon the following and applie.s 70. to the first mortgage and any subordinate financing. (Check one.) 71. □ If Buyer cannot secure the financing specified in this Purchase Agreement, and this Purchase Agreement does not close on the closing date specified, this Purchase Agreement is canceled. Buyer and Seller shall , immediately sign a Cancellation of Purchase Agieementcdnilrrhmg said cancellation and directing all earnestmbney pkid here to be □ REFUNDED TO BUYER □ FORFEiTEb TO SELLER. -------;--------------------------(Cheek one.)—^^--------------------------- NOTE: IT this Furcheise Agreement is subject to DVa or FHA financing, FOBFEITEDTO SELLER may be prohibited. See the following DVA and FHA Escape Clauses. 77. □ Buyer shall provide Seller, or licensee representing or assisting Seller, with the Written Statement, on or before-----------------------------^^------------------ For purposes of this Contingency, “Written Statemenf means a Written Statement prepared by Buyer’s mortgage originator(s) or lender(s) after the Fina| Acceptance Date that Buyer is approved for the loan(s) specified in this Purchase Agreement, including both the first mortgage and any subordinate financing, if any, and stating that an appraisal, satisfactory to the lender(s), has been completed and stating conditions required by lender(s) to close the loan. Upon delivery of the Written Statement to Seller, or licensee representing or assisting Seller, the obligatiori for satisfying all conditions required by mortgage originator(s) or lenderfs), except those conditions specified below, are deemed accepted by Buyer; (a) work orders agreed to be completed by Seller: (b) any other financing terms agreed to be completed by Seller here; and (c) any contingency for the sale and closing of Buyer's property pursuant to this Purchase Agreement. 72. 73. 74. 75. 76. 78. 79. 60. 81. 82. 83. 84. 85. 86. 87. 88. 89. MN:PA-2 (8/19) MIN N ES OT_AREALTORS I.. . PURCHASE AGREEMENT 90. Page 3 Date Pecenber Ottertail 12th 2019 HN 5657145512 Lamplight Drive91. Property located at 92. Upon delivery of the Written Statement, if this Purchase Agreement does not close on the stated closing date for 93. ANY REASON relating to financing, including, but not limited to interest rate and discount points, if any, then Seller 94. may, at Seller’s option, declare this Purchase Agreement canceled, in which case this Purchase Agreement is canceled. If Seller declares this Purchase Agreement canceled. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to be 97. forfeited to Seller as liquidated damages. In the alternative, Seller may seek ail other remedies allowed by law. 95. 96. Notwithstanding the language in the preceding paragraph. Seller may not declare this Purchase Agreement canceled if the reason this Purchase Agreement does not close was due to: (a) Seller’s failure to complete work orders to the extent required by this Purchase Agreement; (b) Seller's failure to complete any other financing terms agreed to be completed by Seller here; or (c) any contingency for the sale and closing of Buyer's property pursuant to this Purchase Agreement, except as specified in the contingency for sale and closing of Buyer’s property. If the Written Statement is not provided by the date specified on line 78, Seller may, at Seller's option, declare this Purchase Agreement canceled by written notice to Buyer at any time prior to Seller receiving the Written Statement, in which case this Purchase Agreement is canceled. In the event Seller declares this Purchase Agreement canceled. Buyer and Seller sh2ill immediately sign a Cancellation of Purchase Agreement confimmg said cancellation and directing all earnest money paid here to be refunded to Buyer. If the Written Statement is not provided, and Seller has not previously canceled this Purchase Agreement, this Purcheise Agreement is canceled £is of the closing date specified in this Purchase Agreement Buyer and ^ller shall immediately sign a Cancellation of Purchase Agreement confirming said c€inceilation and directing all earnest money paid here to be refunded to Buyer. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. LOCKING OF MORTGAGE INTEREST RATE f“RATE”V The Rate Shall be locked with the lender(s) by Buyer: 114. (Check one.) 115. □ WITHIN HVE (5) BUSINESS DAYS OF FINAL ACCEPTANCE DATE OF THIS PURCHASE AGREEMENT; OR 116. □ AT ANY TIME PRIOR TO CLOSING OR AS REQUIRED BY LENDER(S). 117. LENDER COMMITMENTWORK ORDERS: Seller agrees to pay up to $ 118. repairs as required by the lender commitment. If the lender commitment is subject to any work orders for which the 119. cost of making said repairs shall exceed this amount. Seller shall have the following options: 120. (a) making the necessary repairs; or 121. (b) negotiating the cost of making said repairs with Buyer; or 122. (c) declaring this Purchase Agreement canceled, in which case this Purchase Agreement is canceled. Buyer and Seller 123. to make shall immediately sign a Cancellation of Purchase Agreementconf\rm\ng said cancellation and directing all earnest money paid here to be refunded to Buyer, unless Buyer provides for payment of the cost of said repairs or escrow amounfo related thereto above the eimount specified on line 117 of this Purchase Agreement. 124. 125. 126. Q SELLER □ BUYER agrees to pay any reinspection fee required by Buyer’s lender(s). -----------(Chealt on&)------------- 127. FHA ESCAPE CLAUSE fFHA Financing onlvt: “It is expressly agreed that, notwithstanding any other provisions 128. of this contract, the purchaser shall not be obligated to compiete the purchase of the Property described here or to incur 129. any penalty by forfeiture of earnest money deposits or othenwise, unless the purchaser has been given in accordance 130. with the Department of Housing and Urban Development (“HUD”)/FHA or DVA requirements a written statement by the 131. Federal Housing Commissioner, Department of Veterans’ Affairs, or a Direct Endorsement lender setting forth the 132. appraised value of the Property as not less than $ (sale price) 133. The purchaser shall have the privilege and option of proceeding with consummation of the contract without regard 134. to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage 135. HUD will insure: HUD does not warrant the value nor the condition of the Property.The purchaser should satisfy himself/ 136. herself that the price and condition of the Property are acceptable.” MN:PA-3 (8/19)J.REXL'fdRi I . . PURCHASE AGREEMENT 137. Page 4 Date necember Ottertail 12th 2019 138. Property located at —Lamplight Drive 139. LENDER PROCESSING FEES fFHA. DVA Financing Ontvl: Seller agrees to pay Buyer’s closing fees and MH 56571 140. miscellaneous processing fees which cannot be charged to Buyer, not to exceed $ 141. This amount is in addition to Seller’s Contributions to Buyer’s Costs, if applicable. 142. DVA FUNDING FEE (DVA Financing onivV. Pursuant to federal regulations, a one-time Funding Fee must be paid 143. at the closing of this transaction as follows: paid by Buyer □ AT CLOSING □ ADDED TO MORTGAGE AMOUNT ---------------------------------------------(Check one.)-------------------------------------——- 144. 145.paid by Seller 146. NOTE: DVA regulations limit the fees and charges Buyer can pay to obtain a DVA loan. 147. DEPARTMENT OF VETERANS’ AFFAIRS ESCAPE CLAUSE fPVA Financing onlvt: “It is expressly agreed that. 148. notwithstanding any other provisions of this contract, the purchaser shall not incur any penalty by forfeiture of earnest 149. money or othenwise be obligated to complete the purchase of the Property described here, if the contract purchase 150. price or cost exceeds the reasonable value of this Property established by the Department of Veterans’ Affairs. The 151. purchaser shall, however, have the privilege and option of proceeding with the consummation of this contract without 152. regard to the amount of reasonable value established by the Department of Veterans’ Affairs.” 153. NOTE: Verify DVA requirements relating to payment of all special assessments levied and pending, and 154.annual installments of special assessments certified to yearly taxes. 155. OTHER MORTGAGE FINANCING ITEMS: 156. SELLER’S CONTRIBUTIONS TO BUYER’S COSTS:157. 158. Seller Q IS® IS NOT contributing to Buyer’s costs. If answer is IS. Seller agrees to pay at closing, up to: (Check one.) -----(Check one.)— 159. □$ 160. □percent {%) of the sale price 161. towards Buyer’s closing fees, title service fees, title searches, title examinations, abstracting, lender’s title insurance, 162. owner’s title insurance, prepaid items, other Buyer’s costs allowable by lender, if any, and/or mortgage discount points. Any 163. amount of Seller’s contribution that exceeds Buyer’s allowable costs, or which cannot be used because Seller's 164. contribution exceeds the maximum Seller contribution allowed by law or by mortgage requirements, shall be retained 165. by Seller. 166. NOTE: The amount paid by Seller cannot exceed the maximum Seller contribution allowed by FHA, DVA, or lender. All funds paid by Seller on behalf of Buyer must be stated on the Closing Disclosure at closing.167. INSPECTIONS:168. 169. Buyer has been made aware of the availability of Property inspections. Buyer ® ELECTS Q DECLINES to have a ■(Check one.)-----------170. Property inspection performed at Buyer’s expense. 171. This Purchase Agreement ® IS □ IS NOT contingent upon any inspection(s) of the Property obtained by Buyer to -------(Check one.)-----172. determine its condition, including any non-intrusive testing or any intrusive testing as allowed pursuant to this Purchase 173. Agreement. 174. Any inspection(s) or test(s) shall be done by an inspector(s) or tester(s) of Buyer’s choice. Buyer shall satisfy Buyer 175. as to the qualifications of the inspector(s) or tester(s). For purposes of this Purchase Agreement, “intrusive testing” 176. shall mean any testing, inspection(s), or investigation(s) that changes the Property from its original condition or othenwise 177. damages the Property. 178. Seller OH POES 1x1 DOES NOT agree to allow Buyer to perform intrusive testing or inspectionfs). ---------------(Oieat one.)------------179. If answer is DOES, Buyer agrees that the Property shall be returned to the same condition it was in prior to Buyer's 180. intrusive testing at Buyer’s sole expense. MN:PA-4 (8/19)M I i; N e S O T AREALTORS PURCHASE AGREEMENT 181. Page 5 Date December Ottertail 12th 2019 182. Property located at —Lamplight Drive-------- 183. Seller will provide access to attic(s) and crawlspace(s). 184. Within if 185. resulting negotiations, if any, shall be done (“Inspection Period”). 186. If this Purchase Agreement is contingent upon inspection, Buyer may cancel this Purchase Agreement based on the 187. inspection(s) or test resutt(s) by providing written notice to Seller, or licensee representing or assisting Seller, of Buyer's 188. intent to cancel no later than the end of the Inspection Period. If Buyer cancels this Purchase Agreement, Buyer and 189. Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all 190. earnest money paid here to be refunded to Buyer. If Buyer does not cancel this Purchase Agreement before the end 191. of the inspection Period, then this Inspection Contingency shall be deemed removed and this Purchase Agreement 192. shall be in full force and effect. 193. OTHEBINSPECTION ITEMS: MN 56571 Calendar Days of Final Acceptance Date of this Purchase Agreement, all inspection(s), test(s), and 194. 195. 196. SALE OF BUYER S PROPERTY:197. 198. (Check one.) 199. Q 1. This Purchase Agreement is subject to an Addendum to Purchase Agreement Sale of Buyer's Property Contingency tot the sale of Buyer’s property. (If checked, see attached Addendum.)200. 201. 202. Q 2. This Purchase Agreement is contingent upon the successful closing on the Buyer’s property located at OR ^__________________________________________________________ which is scheduled to close on pursuant to a fully executed purchase agreement. If Buyer’s property does not close by the closing date specified in this Purchase Agreement, this Purchase Agreement is canceled. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to be refunded to Buyer.The language in this paragraph supersedes any other provision to the contrary in any financing contingency made a part of this Purchase Agreement, if applicable. 203. 204. 205. 206. 207. 208. 209. 210. OR 211. 3. Buyer represents that Buyer has the financial ability to perform on this Purchase Agreement without the sale and closing on any other property.212. REAL ESTATE TAXES/SPECIAL ASSESSMENTS:213. 214. REAL ESTATE TAXES: Seller shall pay on the date of closing all real estate taxes due and payable in all prior years 215. including all penalties and interest. 216. Buyer shall pay [X] PRORATED FROM DAY OF CLOSING □ ALL □ NONE □ --------— — ---------------------------------------(Check one.)---------------------------------------— /12tiis OF real estate taxes 217. due and payable in the year of closing. Seller shall pay [g PRORATED TO DAY OF CLOSING □ ALL □ NONE □ -------------------------------------------------------(Check one.) V12ths OF real estate taxes due and218. 219. payable in the year of closing. 220. If the Property tax status is a part- or non-homestead classification in the year of closing, Sellerl ISHALL^^SHALL NOT 221. pay the difference between the homestead and non-homestead. 222. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter, the payment of which 223. is not otherwise here provided. No representations are made concerning the amount of subsequent real estate taxes. MN:PA-5 (8/19) rifs REALTORSrtCr\L«l t.. t. PURCHASE AGREEMENT 224. Page 6 Date December Ottertail 12tb 2019 45512 Lamplight Drive KN 56571225. Property located at 226 DEFERRED TAXES/SPECIAL ASSESSMENTS: 227. Q BUYER SHALL PAY ® SELLER SHALL PAY on date of closing any deferred real estate taxes (e.g.. Green ------------------------------(Cheek one.)---------------------------------- 228. Acres) or special assessments, payment of which is required as a result of the closing of this sale. 229. g] BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING □ SELLER SHALL PAY ON ----------------------------------------------------------------------------------------(Check one.)------------------------------------------------—--------------------------------- 230. DATE OF CLOSING all installments of special assessments certified for payment, with the real estate taxes due and 231. payable in the year of closing. 232. Q BUYER SHALL ASSUME ® SELLER SHALL PAY on date of closing all other special assessments levied as ------------------------------------(Check one.)--------------------------------------- 233. of the Date of this Purchase Agreement. 234. □ BUYER SHALL ASSUME ® SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as ------------------------------------------------------------(Check one.)-------------------------------------------------------- 235. of the Date of this Purchase Agreement for improvements that have been ordered by any assessing authorities. (Seller’s 236. provision for payment shall be by payment into escrow of two (2) times the estimated amount of the assessments 237. or less, as required by Buyer’s lender.) 238. Buyer shall pay any unpaid special assessments payable in the year following closing and thereafter, the payment of 239. which is not othenwise here provided. 240. As of the Date of this Purchase Agreement, Seller represents that Seller Q HAS [Xi HAS NOT received a notice ----------(Check one.)---------- 241. regarding any new improvement project from any assessing authorities, the costs of which project may be assessed 242. against the Property. Any such notice received by Seller after the Date of this Purchase Agreement and before closing 243. shall be provided to Buyer immediately. If such notice is issued after the Date of this Purchase Agreement and on 244. or before the date of closing, then the parties may agree in writing, on or before the date of closing, to pay, provide 245. for the payment of, or assume the special assessments. In the absence of such agreement, either party may declare 246. this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other 247. party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement canceled, 248. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 249. directing all earnest money paid here to be refunded to Buyer. ADDITIONAL PROVISIONS: 251. PREVIOUSLY WRITTEN PURCHASE AGREEMENT: This Purchase Agreement □ IS IS NOT subject to -------(Check one.) 250. 252. cancellation of a previously written purchase agreement dated 253. (If answer is IS, said cancellation shall be obtained no later than------------------------------------------------------------ 254. If said cancellation is not obtained by said date, this Purchase Agreement is canceled. Buyer and Seller shall immediately 255. sign a Cancellation of Purchase Agreemenf confirming said cancellation and directing all earnest money paid here to 256. be refunded to Buyer.) 257. DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a: (Check one.) 258. [X] WARRANTY DEED □ PERSONAL REPRESENTATIVE’S DEED □ CONTRACT FOR DEED □ TRUSTEE'S DEED DEED joined in by spouse, if any, conveying marketable title, subject to259. □OTHER: (a) building and zoning laws, ordinances, and state and federal regulations; (b) restrictions relating to use or improvement of the Property without effective forfeiture provisions; (c) reservation of any mineral rights by the State of Minnesota; (d) utility and drainage easements which do not interfere with existing improvements; 260. 261. 262. 263. (e) rights of tenants as follows (unless specified, not subject to tenancies):264. ;and265. (f) others (must be specified in writing):268. 267. MN:PA-6 (8/19) REALTORS I.. . . . L PURCHASE AGREEMENT 268. Page 7 Date necember Ottertail 12th 2019 269. Property located at _Lamplight Drive 270. POSSESSION: Seller shall deliver possession of the Property: (Check one.) 271. IMMEDIATELY AFTER CLOSING; or 272. □OTHER: 273. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY NOT INCLUDED HERE from the Property 274. by possession date. 275. LINKED DEVICES: Seller warrants that Seller shall permanently disconnect or discontinue Seller’s access or service 276. to any device or system on or serving the property that is connected or controlled wirelessly, via internet protocol (“IP”) 277. to a router or gateway or directly to the cloud no later than delivery of possession as specified in this Purchase 278. Agreement. MN 56571 279. PRORATIOMS: All interest; unit owners’ association dues; rents; and charges for city water, city sewer, electricity, and 280. natural gas shall be prorated between the parties as of date of closing. Buyer shall pay Seller for remaining gallons of 281. fuel oil or liquid petroleum gas on the day of closing, at the rate of the last fill by Seller. 282. TITLE AND EXAMINATION: As quickly as reasonably possible after Final Acceptance Date of this Purchase Agreement (a) Seller shall deliver any abstract of title and a copy of any owner’s title insurance policy for the Property, if in Seller’s possession or control, to Buyer or Buyer’s designated title service provider. Any abstract of title or owner's title insurance policy provided shall be immediately returned to Seller, or licensee representing or assisting Seller, upon cancellation of this Purchase Agreement; and (b) Buyer shall obtain the title services determined necessary or desirable by Buyer or Buyer’s lender, including but not limited to title searches, title examinations, abstracting, a title insurance commitment, or an attorney’s title opinion at Buyer’s selection and cost and provide a copy to Seller. 290. Seller shall use Seller’s best efibrts to provide marketable title by the date of closing. Seller agrees to pay all costs 291. and fees necessary to convey marketable title including obtaining and recording all required documents, subject to the 292. following: 283. 284. 285. 286. 287. 286. 289. In the event Seller has not provided marketable title by the date of closing. Seller shall have an additional thirty (30) days to make title marketable, or in the alternative, Buyer may waive title defects by written notice to Seller. In addition to the thirty (30)-day extension. Buyer and Seller may, by mutual agreement, further extend the closing date. Lacking such extension, either party may declare this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement canceled. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement conikming said cancellation and directing all earnest money paid here to be refunded to Buyer. 301. SUBDIVISION OF LAND. BOUNDARIES. AND ACCESS: If this Sale constitutes or requires a subdivision of land 302. owned by Seller, Seller shall pay all subdivision expenses and obtain all necessary governmental approvals. Seller 303. warrants that the legal description of the real property to be conveyed has been or shall be approved for recording as 304. of the date of closing. Seller warrants that the buildings are or shall be constructed entirely within the boundary lines 305. of the Property. Seller warrants that there is a right of access to the Property from a public right-of-way. 306. MECHANIC’S LIENS: Seller warrants that prior to the closing, payment in full will have been made for all labor, materials, 307. machinery, fixtures, or tools furnished within the 120 days immediately preceding the closing in connection with 308. construction, alteration, or repair of any structure on. or improvement to, the Property. 309. NOTICES: Seller warrants that Seller has not received any notice from any governmental authority as to condemnation 310. proceedings, or violation of any law, ordinance, or regulation. If the Property is subject to restrictive covenants. Seller 311. warrants that Seller has not received any notice from any person or authority as to a breach of the covenants. Any 312. such notices received by Seller shall be provided to Buyer immediately. 313. DIMENSIONS: Buyer acknowledges any dimensions, square footage, or acreage of land or improvements provided 314. by Seller, third party, or broker representing or assisting Seller are approximate. Buyer shall verify the accuracy of 315. information to Buyer’s satisfaction, if material, at Buyer’s sole cost and expense. 316. AfifiFRR AGREEMENT: Seller agrees to allow reasonable access to the Property for performance of any surveys or 317. inspections agreed to here. MN:PA-7 (8/19) 293. 294. 295. 296. 297. 298. 299. 300. J,R^AL¥dR^ PURCHASE AGREEMENT 318. Pages Date December Ottertail 12tb 2019 319. Property located at ^S5i2 Lamplight pr^ve 320. RISK OF LOSS: If there is any loss or damage to the Property between the Final Acceptance Date and the date of 321. closing for any reason, including fire, vandalism, flood, earthquake, or act of God, the risk of loss shall be on Seller. If 322. the Property is destroyed or substantially damaged before the closing date, this Purchase Agreement is canceled, 323. at Buyer’s option, by written notice to Seller or licensee representing or assisting Seller. If Buyer cancels this Purchase 324. Agreement, Buyer and Seller shall immediately sign a Cancellation of Purchase Agreementcohfirmmg said cancellation 325. and directing all earnest money paid here to be refunded to Buyer. 326. TIME OF ESSENCE: Time is Of the essence in this Purchase Agreement. 327. CALCULATION OF DAYS: Any calculation of days begins on the first day (Calendar or Business Days as specified) 328. following the occurrence of the event specified and includes subsequent days (Calendar or Business Days as specified) 329. ending at 11:59 P.M. on foe last day. MN 56571 330. BUSINESS DAYS: “Business Days” are days which are not Saturdays. Sundays, or state or federal holidays unless 331. Stated elsewhere by the parties in writing. 332. CALENDAR DAYS: “Calendar Days*^ include Saturdays, Sundays, and state and federal holidays. 333. BELEASE OF EARNEST MONEY: Buyer and Seller agree that the Earnest Money Holder shall release earnest money 334. from the Earnest Money Holder's trust account: 335.(a) at or upon the successful closing of the Property: (b) pursuant to written agreement between the parties, which may be reflected in a Cancellation of Purchase Agreement executed by both BuyeriandiSeller; (c) upon receipt of an affidavit of a cancellation under MN Statute 559.217; or (d) upon receipt of a court order. 336. 337. 338. 339. 340. DEFAULT: If Buyer defaults in any of the agreements here. Seller may cancel this Purchase Agreement, and any 341. payments made here, including earnest money, shall be retained by Seller as liquidated damages and Buyer and Seller 342. shall affirm the same by a written cancellation agreement. 343. If Buyer defaults in any of the agreements here, Seller may terminate this Purchase Agreement under the provisions 344. of either MN Statute 559.21 or MN Statute 559.217, whichever is applicable. If either Buyer or Seller defaulte in any 345. of the agreements here or there exists an unfulfilled condition after the date specified for fulfillhient, either party may 346. cancel this Purchase Agreement under MN Statute 559.217, Subd. 3. Whenever it is provided here that this Purchase 347. Agreement is canceled, said language shall be deemed a provision authorizing a Declaratory Cancellation under MN 348. Statute 559.217, Subd. 4. 349. If this Purchase Agreement is not canceled or terminated as provided here. Buyer or Seller may seek actual damages 350. for breach of this Purchalse Agreerhent or specific performance of this Purchase Agreement: and, as to specific 351. performance, such action must bs commenced within six (6) months after such right of action arises. 352. Notice REGARDING: predatory offender INFORiVlATION: Information reoardinq the predatory offender 353. registry and persons registered with the predatory offender registry under MN Statute 2^.166may be obtained 354. by contacting the local law enforcement offices in the cothmunrty where the Property is located or the Minnesota 355. Department of Corrections at (651) 361-7200, or from the Department of Corrections web site at 356. www,corr.state.mn.us. . • ' ' 357 BUYER HAS THE RIGHT TO A WALK-THROUGH REVIeW OF THE PROPERTY PRIOR TO CLOSING TO 358. ESTABLISH THAT THE PROPERTY IS IN SUBSTANTIALLY THE SAME CONDITION AS OF THE DATE OF 359. THIS PURCHASE AGREEMENT. 360. BUYER HAS RECEIVED A: (Check any that apply.) |K) DISCLOSURE STATEMENT: SELLER’S PROPERTY 361. disclosure STATEMENT0RA[3 DISCLOSURE STATEMENT: SELLER’S DISCLOSURE ALTERNATJVESFOmA. 362. DESCRIPTION OF PROPERTY CONDmON: See Disclosure Statement: Seller’s Property Disclosure Statement or 363. Disclosure Statement: Seller’s Disclosure Alternatives for description of disclosure responsibilities and limitations, if 364. any. 365. BUYER HAS RECEIVED THE INSPECTION REPORTS, IF REQUIRED BY MUNICIPALITY. 366. BUYER IS NOT RELYING ON ANY ORAL REPRESENTATIONS REGARDING THE CONDITION OF THE PROPERTY 367. AND ITS CONTENTS. MN:PA-8 (8/19)MINNESOTA REALTORS 1 . .« PURCHASE AGREEMENT 368. Page 9 Date Peeember Ottertall 12th 2019 369. Property located at —Lamplight Drive MN 56571 370. (Check appropriate boxes.) 371. SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO: 372. CITY SEWER □ YES [g NO / CITY WATER □ YES g NO 373. SUBSURFACE SEWAGE TREATMENT SYSTEM 374. SELLER g DOES □ DOES NOT KNOW OF A SUBSURFACE SEWAGE TREATMENT SYSTEM ON OR ---------------(Check one.)----------------- 375. SERVING THE PROPERTY (If answer is DOES, and the system does not require a state permit, see Disclosure 376. Statement Subsurface Sewage Treatment System.) 377. PRIVATE WELL 378. SELLER g DOES □ DOES NOT KNOW OF A WELL ON OR SERVING THE PROPERTY. -------------------(Checfc one.)------------------- 379. (If answer is DOES and well is located on the Property, see Disclosure Statement Well.) 380. THIS PURCHASE AGREEMENT g IS □ IS NOT SUBJECT TO AN ADDENDUM TO PURCHASE AGREEMENT: --------(Check one.)--------- 381. SUBSURFACE SEWAGE TREATMENT SYSTEM AND WELL INSPECTION CONTINGENCY. 382. (If answer is IS, see attached Addendum.) 383. IF A WELL OR SUBSURFACE SEWAGE TREATMENT SYSTEM EXISTS ON THE PROPERTY, BUYER HAS 384. RECEIVED A DISCLOSURE STATEMENT: WELL AND/OR A DISCLOSURE STATEMENT: SUBSURFACE SEWAGE 385. TREATMENT SYSTEM. 386. HOME PROTECTION/WARRANTY PLAN: Buyer and Seller are advised to investigate the various home protection/ 387. warranty plans available for purchase. Different home protection/warranty plans have different coverage options, 388. exclusions, limitations, and service fees. Most plans exclude pre-existing conditions. (Chedr one.) 389. O A Home Protection/Warranty Plan will be obtained by O BUYER Q SELLER and paid for by ------------------(Check one.)------------------- 390. □ BUYER □ SELLER to be issued by ---------------(Cheat one.)--------------- 391. at a cost not to exceed $------------------------------------------- 392. g No Home Protection/Warranty Plan is negotiated as part of this Purchase Agreement. However, Buyer may elect 393. to purchase a Home Protection/Warranty Plan. AGENCY NOTICE394. is g Seller’s Agent Q Buyer’s Agent O Dual Agent O Facilitator. ----------------------------------------------------(Cheek one)------------------------------------------------------ Linda L. Stoll395. (Licensee) Coldwell Banker396. (Real Estate Company Name) is □ Seller’s Agent g Buyer’s Agent Q Dual Agent □ Facilitator. -----------------------------------------------—(Check one.)------------------------------------------------------ Vann R. Bmhn397. (Ucensee) Mew Horizons Realty of Perham, Inc.398. (Real Estate Company Name) THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS.399. MN:PA-9 (8/19) MINNESOTA REALTORS I.. .« . PURCHASE AGREEMENT 400. Page 10 Date Peee«her Ottertail 12th 2019 401. Property located at ^^512 Lamplight Drive HN 56571 DUAL AGENCY REPRESENTATION402. 403. PLEASE CHECK O/VgOFTHE FOLLOWING SELECTIONS: 404. Dual Agency representation DOES NOT apply in this transaction. Do not complete lines 405-421. 405. []] Dual Agency representation DOES apply in this transaction. Complete the disclosure in lines 406-421. 406. Broker represents both the Seller(s) and the Buyer(s) of the Property involved in this transaction, which creates a 407. dual agency.This means that Broker and its salespersons owe fiduciary duties to both Seller(s) and Buyer(s). Because 408. the parties may have conflicting interests, Broker and its salespersons are prohibited from advocating exclusively for 409. either party. Broker cannot act as a dual agent in this transaction without the consent of both Seller(s) and Buyer(s). 410. Seller(s) and Buyer(s> acknowledge that (1) confidential information communicated to Broker which regards price, terms, or motivation to buy or sell will remain confidential unless Seller(s) or Buyer(s) instructs Broker in writing to disclose this information. Other information will be shared; (2) Broker and its salespersons will not represent the interest of either party to the detriment of the other; and (3) within the limits of dual agency. Broker and its salespersons will work diligently to facilitate the mechanics of the sale. 417. With the knowledge and understanding of the explanation above, Seller(s) and Buyer(s) authorize and instruct Broter 418. and its salesperson to act as dual agents in this transaction. 411. 412. 413. 414. 415. 416. 419. Seller Buyer 420. Seller Buyer 421. Date Date 422. CLOSING COSTS: Buyer or Seller may be required to pay certain closing costs, which may effectively increase the 423. cash outlay at closing or reduce the proceeds from the sale. 424. SETTLEMENT STATEMENT: Buyer and Seller authorize the title company, escrow agent, and/or their representatives 425. to disclose and provide copies of the disbursing agent’s settlement statement to the real estate licensees involved in 426. the transaction at the time these documents are provided to Buyer and Seller. 427. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (“FIRPTA’T: Section 1445 of the Internal Revenue C3ode 428. provides that a transferee (“Buyer^ of a United States real property interest must be notified in writing and must withhold 429. tax if the transferor (“Seller”) is a foreign person and no exceptions from FIRPTA withholding apply. Buyer and Seller 430. agree to comply with FIRPTA requirements under Section 1445 of the Internal Revenue Code. 431. Seller shall represent and warrant, under the penalties of perjury, whether Seller is a “foreign person” (as the same 432. is defined within FIRPTA), prior to closing. Any representations made by Seller with respect to this issue shall survive 433. the closing and delivery of the deed. 434. Buyer and Seller shall complete, execute, and deliver, on or before dosing, any instrument, affidavit, or statement 435. reasonably necessary to comply with the FIRPTA requirements, including delivery of their respective federal taxpayer 436. identification numbers or Social Security numbers. 437. Due to the complexity and potential risks of failing to comply with FIRPTA, including the Buyer’s responsibility for 438. withholding the applicable tax. Buyer and Seller should seek appropriate legal and tax advice regarding FIRPTA 439. compliance, as the respective licensee’s representing or assisting either party will be unable to assure either 440. party whether the transaction is exempt from FIRPTA withholding requirements. MN-.PA-10 (BTIS) ffi M I N N e 8 OTAd|> REALTORS PURCHASE AGREEMENT 441. Page 11 natfi December 12th 2019 Ottertail MM 56571442. Property located at —Lamplight Drive 443. ENTIRE AGREEMENT: This Purchase Agreement and any addenda or amendments signed by the parties shall 444. constitute the entire agreement between Buyer and Seller. Any other written or oral communication between Buyer and 445. Seiler, including, but not limited to. e-mails, text messages, or other electronic communications are not part of this 446. Purchase Agreement. This Purchase Agreement can be modified or canceled only in writing signed by Seiler and 447. Buyer or by operation of law. All monetary sums are deemed to be United States currency for purposes of this Purchase 448. Agreement. 449. ELECTRONIC SIGNATURES: The parties agree the electronic signature of any party on any document related to this 450. transaction constitute valid, binding signatures. 451. FINAL ACCEPTANCE: To be binding, this Purchase Agreement must be fully executed by both parties and a copy 452. mustbedeliverod. 453. SURVIVAL; All warranties specified in this Purchase Agreement shall survive the delivery of the deed or contract 454. for deed. 455. DATE QFTHIS PURCHASE AGREEMENT: Date of this Purchase Agreement to be defined as the date on line one 456. (1) of this Purchase Agreement. 457. OTHER:__________________________________________________________________________________ 458. 459. ^________ 460. _________________ 461. 462. 463. __________________________________________________________________________________________ 464. --------------------------------------------------------------------------------------------------------------------------------------- 465. _—---------------------------------------------------------------------------------------------------------------------- 466. ------------------------------------------------------------------------------------------—----------------------------------- 467. ___________________________________________________________________________________ 468. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- 469. ADDENDA: The following addenda are attached and made a part of this Purchase Agreement. 470. NOTE: Disclosures and optional Arbitration Agreement are not part of this Purchase Agreement 471. ® Addendum to Purchase Agreement 472. Q Addendum to Purchase Agreement: Assumption Financing 473. □ Addendum to Purchase Agreement: Buyer Move-In Agreement 474. Q Addendum to Purchase Agreement Buyer Purchasing “As Is" and Limitation of Seller Liability 475. Q] Addendum to Purchase Agreement Condominium/Townhouse/Cooperative Common Interest Community 476. 477. □ Addendum to Purchase Agreement Contract for Deed Financing 478. □ Addendum to Purchase Agreement Disclosure of Information on Lead-Based Paint and Lead-Based Paint 479. 480. □ Addendum to Purchase Agreement: Sale of Buyer's Property Contingency 481. [H Addendum to Purchase Agreement Seller's Rent Back Agreement 482. Q Addendum to Purchase Agreement: Short Sale Contingency 483. ® Addendum to Purchase Agreement Subsurface Sewage Treatment System and Well Inspection Contingency MN:R^-11 (8/19) ("CIC') Hazards MINNESOTAdl, REALTORS PURCHASE AGREEMENT 484. Page 12 Date5^«*«12th 2019 Ottertail485. Property located at i^ijght ori^ _ 486. I agree to sell the Property for the price and on the 487. terms and conditions set forth above. 488. I have reviewed all pages of this Purchase 489. Agreement NH 54571 I agree to purchase the Property for the price and on the terms and conditions set forth above. I have reviewed all pages of this Purchase Agreement. KIf checked, this Purchase Agreement is subject to attached Addendum to Purchase Agreement: Counteroffer. 493. FIRPTA: Seller represents and warrants, under penalty 494. of perjury, that SellerQ IS ® IS NOT a foreign person (i.e., a ------(Check one.)----- 495. non-resident alien individual, foreign corporation, foreign 496. partnership, foreign trust, or foreign estate for purposes of 497. income taxation. (See lines 427-440.)) This representation 498. and warranty shall survive the closing of the transaction 499. and the delivery of the deed. 490. 491. 492. (Buyers Signature) (Date) 500. X (Sellers Signature)(Date) (SeHers Primed Name) / Lorif )( Pait Scheer501. X (Buyers Printed Name) 502. X (Marital Status)(Marital Statia) /p~)3-l 9503. X-Jb. (Buyers Signature)(Date) (Date)(Sellers Signature) S O504. X (Buyer's Printed Name)(SeBer'i Printed Name) 505. X CMartoU Status)(MarTiBJ onous) 1.3. iu-iq The Final Acceptance Date506. FINAL ACCEPTANCE DATE: 507. is the date on which the fully executed Purchase Agreement is delivered. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). IFYOU DESIRE LEGAL ORTAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 508. 509. 610. IACKNOWLEDGETHATI HAVE RECEIVED AND HAVE HAD THE OPPORTUNITYTO REVIEWTHE DISCLOSURE 511. STATEMENT: ARBITRATION DISCLOSURE AND RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT, 512. WHICH IS AN OPTIONAL, VOLUNTARY AGREEMENT AND IS NOT PART OF THIS PURCHASE AGREEMENT. __________BUYER(S)513. SELLER(S) BUYER(S)514. SELLER(S) MIM:m^-l2 (SMB) rj^ flEALTORS I.. . * ADDENDUM TO PURCHASE AGREEMENT: SUBSURFACE SEWAGE TREATMENT•sO SYSTEWI AND WELL INSPECTION GONTINGENGV RE ft if*4 This form approved by the Minnesota Association of REALTORS®, which disclaims any li^ility arising out of use or misuse of this form. © 2018 Minnesota Association of REALTORS^, Edina, MN Deeeniber 12th, 20191. Date _ 2. Page 1 3. Addendum to Purchase Agreement between parties, dated 4. the purchase and sale of the Property at Ottertail _____ Decenber 12-th 2019 , pertaining to Lamplight Drive45S12 565715. 6. Seller has previously disclosed that a subsurface sewage treatment system and/or private well exists on, or serves, 7. the Property. This Purchase Agreement is contingent upon inspection(s) of the subsurface sewage treatment system 8 and/or private well to determine the condition or status of the following checked items. 9. If the appropriate test(s)/inspection(s) checked below are not done and results provided within the time specified, 10. of waived in writing by Buyer, then the party not responsible for obtaining the test/inspection may declare this Purchase 11. Agreement canceled by written notice to the other party, or licensee representing or assisting the other party, in which 12. case this Purchase Agreement is canceled. If the party declares this Purchase Agreement canceled. Buyer and Seller 13. shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest 14. money paid here to be refunded to Buyer. 15. (Check all that apply.) 16. (^ SUBSURFACE SEWAGE TREATMENT SYSTEM:17. All test(s)/inspecti6ri(s) shall be done and results provided to Buyer within ------Calendar Days of Rnal Acceptance 18. Date of this Purchase Agreement 19. □buyer ID SELLER AGREES TO OBTAIN (AND PROVIDETO BUYER) A LICENSED INSPECTOR’S SEPTIC ■ ■ -(Check one.)——---- , 20. SYSTEM INSPECTION REPORT OR NOTICE INDICATING IF THE SYSTEM COMPLIES WITH APPLICABLE 21. REGULATIONSWITHINTHETIME SPECIFIED ABOVE. NOTICE: A VALID CERTIRCATE OF COMPLIANCE FORTHE SYSTEM SHALL SATISFYTHIS OBUGATION. ' 23: If the inspection report indicates that the subsurface sewage treatment system is not in compliance with applicable 24. regulations, then the parties may agree in writing on or before the date of dosing, to negotiate an allocation between 25. Buyer and Seller of tho^ costs necessary to bring the subsurface sewage treatment system into compliance with applicable regulations. In the absence of-such agreement, either party may declare this Purchase Agreement canceled by written notice to the other-party, of licensee representing or assisting the other party, iri which case this Purchase Agreement is canceled, if, either party declares this Purchase Agreement canceled, Buyer and Seller shall irnmediately sign a Cancellation of Purchase Agreement coni\rm\ng said cancellation and directing dl earnest money paid here to be refunded to Buyer. 22. 26. 27. 28. 29. 30. 31. 32. OTHER: 33. 34. 35. 36. 37. MNAPA:SSTSWIC-1 (8/19) REALTORS InstanetFORMS ADDENDUM TO PURCHASE AGREEMENT: SUBSURFACE SEWAGE TREATMENT SYSTEM AND WELL INSPEGTION CONTINGENCY I I 38. Page 2 Ottertail HN 5657139. Property located at 45512 Lamplight pri^ 40. [X] PRIVATE WELL: All test(s)/inspection(s) shall be done and results provided to Buyer within M___Calendar Days of Rnal Acceptance Date of this Purchase Agreement. 43. □ BUYER E SELLER AGREES TO OBTAIN (AND PROVIDE TO BUYER) A WATER QUALITY TEST WITHIN ------------(Oteck one.)—^-------- 44. THE TIME SPECIFIED ABOVE. 41. 42. If the water quality test results show the water is not potable or otherwise not in compliance with governmental water quality standards, then the parties may agree in writing, on or before the date of closing, to negotiate an allocation between Buyer and Seiler of those costs necessary to bring the water into potable condition and into compliance with governmental water quality standards. In the absence of such agreement, either party may declare this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other party, in which case this Purchase Agreement is canceled, if either party declares this Purchase Agreement canceled, Buyer and Seller shall immediately sign a Cancellation of Rurchase Agreement confirming said cancellation and directing all earnest money paid here to be refunded to Buyer. OTHER: Water test shall be pulled by RUB Lab prior to RO filtration and shall include: nitrogen seriesbacteria serieslead and arsenic. 46.46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56.Nitrogen series shall include a 2nd test using the RO system.57. 58. 59. (Buyei) 7 ' Pale)/Aiiizn60.(Date)(Sellef) —/ 3 ~ ^ ?61.pate)(Buyei)(Date)(Sellei) THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). IF YOU DESIRE LEGAL ORTAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.62. 63. MN-APA:SSTSWEC-2 (8/19) J>REAL¥dli^ InstanetfORMS ADDENDUM TO PURCHASE AGREEMENTThis form approved by the Minnesota Association of REALTORS^, which disclaims any liability arising out of use or misuse of this form. © 2019 Minnesota Association of REALTORS®, Edina, MN December 12tb, 2019 NEW H raZONS R E B L T SI 1. Date _ 2. Page 1 12th 20193. Addendum to Purchase Agreement between parties, dated necember Lamplight Drive , pertaining to the 455124. purchase and sale of the Property at otter-bail 56571NH5. 6. In the event of a conflict between this Addendum and any other provision of the Purchase Agreement, the language 7. in this Addendum shsUI govern. **This purchase agreement is contingenl: upon the. Buyer securing a variance specifically removing Laimplight View Lot 2 Block 1 from 9. Lamplight View Lot 2 Block 2 and attaching Lamplight View2 Block 1 to South Oaks Lot 10 Block 1. This contingency shall be.removed by January 10, 2020. If Buyer is unable to rCTiove this 'll- contingency. Buyer may elect to cancel the purchase agreement and receive, a full refund of earnest money paid. wwBuyer shall be responsible for any and all costs associated with 14. securing a variance. 13. 15. 16. 17, 18. 19. 20. 21. 22. . ■ 23. 24. V25/ V’- 26. 27. 28. 29. 30. SJ)31.(bate)(Buyer)(SeUer) 32.(Date)(Buyer)(Date) THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. (Seller) 33. 34. rfaVtorsMN-AR^(8/19) InstanetFORMS -srsonal P’^apertv Agreement TNs fbnn approved by Ihe Lakes Country Association of REALTORS^, which disclaims any Dat^ity artA^ out of ntisuae of this form. In considefation of the payment of $_ of which is hereby adcnowledged, County of and other good and valuable consideration, receipt of the i.oo Tifm fiUBlA Su&fiH IteBSOA ^ State of Minnesota, hereby agree to sell and convey to the following described Goods. Chattels and otter gai.1 Pan Hcimr.r Personal Prooertv: , . , . 0 **A11 zaajor appliances as seen ea Hovesibex’ 21, 2019. €)UUu^vxa **aJLl window treatanenfcs. ^ -J -eoiieetioB—sy&t-«B—i* steop-^-garao^i:-.- _**ShelviBg in garage/shop/bas^ent.- ^yc\uj«i.vr\c v-ioe-Vw n'vy^e.'WA CAioVrTesi, U». VV.e_ “SiV^ **R0 System . \ *b«-VVar‘ \0>^\v V>e. ^ CeVv.^>n. ' c.vnoi 0<\e- AuiioCjrWi H *^V-n3he-‘ The*sate and conveyance of the above Personal Property is subject to the succ^sful closingNjf ttte 12th . 2019 pertaining toPurchase Agreement between the parties dated the purchase of the property located at 4ssi2 Laagiight nrive, ottertaii, m» sssti in the event that the sale of the above described property does not close, thte Agreement shall become null and void, with the parties having no further obligation to perform any terms of this Pecewber Agreemerrt. Gollor hamby cowonants and wwarrantn that he/she is the lawful owner of said Personal Property, and that said Personal Property wili be free and dear from all encumbrances at the time of sale. It is understood the Buyer accepts the property “as is”. Upon the succ^slul dosing of the real estate sale of the above referenced property, the Seller will deliver a Bill of Sale to the Buyer for the above Personal Property. rJ>yyAJ (PtmdBunet^ Faa 8cain«»g(Dale)ISalea /g^ y3-^/y (Dm(Bum(Data)(saaet) BRIAN JSCHEER PAMELA SCHEER 45431 LAMPLIGHT DR. OTTERTAIL,MN 56571 , Mrhj)?0S>>'nJ:xA fAjnri&, tsooo^ i IS^B^xsmsxBank 7076960 Date 5 r\ SKotii □POLLAR.S 801 Market streetPerham, MN 56573 • 218-346-2900 1-800-908-BANK • BiEmer.com MEMO____________ ■_ fl? laosaioi"' 0 70 7&i:oqE.o lOL V5i:SFtCWP'jW OTTER TAIL COUNTY Fergus Falls, Minnesota )STATE OF MINNESOTA ) ss )COUNTY OF OTTER TAIL I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 24**^ day of December, 2019 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Township Clerk Lake Association - NAProperty Owner Property Owner/Buyer Pam Scheer 45431 Lamplight Dr. Ottertail MN 56571 Greg Swanberg, Clerk Otter Tail Township 41701 295^'^ St. Battle Lake MN 56515 Lon & Susan Hanson 727 Melody Lane Fergus Falls MN 56537 City Clerk (if located within 2 miles of a city) City of Otter Tail, Elaine Hanson, Clerk, PO Box 245, Ottertail MN 56571 Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald: Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils (Nea^erham); Devils Lake Irrip. Dist., PO Box 431 Perham, MN 56573 n^llDlmald, Kerbs & Paul; LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pid&^^ig Pine: Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 aj^Fisft^Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 LU Little Little Pi Pelica South Turtle Lake: Big Pine: Otter Tail County COLA, 4302 lO"' Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotto, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 ^ulie Aadland, DNR Eco & Water Resources; 1509 1®' Ave N, Fergus Falls, MN 56537 Board of Adjustment Members: Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 6*'’ St NE, Perham, MN 56573 Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537 Planning Commission Member: Rick Wilson - 609 W Lakeside Dr., Fergus Falls MN 56537 ^y placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed above and/or listed in the attachment.Number of Notices & Envelopes to Print \FileDated: December 24, 2019 aExtra BOA Members PC Member__ Envelopes___ TOTAL NOTICES TO PRINT I yfAdded to Agenda ^^Iviap r^^rint out Findings of Fact Sl^et Newspapers fP.DT \1JIMS Amy Busko, Secretary Otter Tail County Board of Adjustment 1ArvuJ Amy Busko MinutesLiBy: l:\BOA\2020 Affidavits\Hanson 01-09-20.docx Buffer Parcels Addr 2 Citv St ZiD Fargo ND 58106 7160 Parcel No Addr 1Name 2Name 1 46000010001000 Rd Offutt Co PO Box 7160 Fargo ND 58106 7160PO Box 716046000010002000 Rd Offutt Co Ottertail MN 56571 950046000990956000 Dean & Sherri Flylland 45565 Lamplight Dr Ottertail MN 56571 950045431 Lamplight Dr46000990959000Pam Scheer Ottertail MN 565719500 -Dean & Patricia Rix 45415 Lamplight Dr46000990960000 Ottertail MN 56571 950045399 Lamplight DrRobert Morgan46000990961000 Ottertail MN 56571 0155John L & Caroline Ann Nelson PO Box 15546000990962000 Ottertail MN 56571 950045371 Lamplight Dr46000990963000Stephanie J Jeziorski Vt 46000990964000 Larry E & Linda J Childs West Fargo ND 58078 2624244 11th AveW 1 Wadena MN 56482 204146000990965000Pate Family Rev Living Tst 904 King Ave SW Bismarck ND 58503 09702530 Sharps PI46000990966000 Michael C & Jolayne K Waller Mankato MN 56001 642546000991041000 Randy Beyer & Denise Olsen 321 Maverick Dr Lakeview OR 97630 0106PO Box 11046000991042000 Gary F & Raveill P Deniz Ottertail MN 56571 950045539 Lamplight Dr46000991147000 Terry L & Kathleen B Davis Fergus Falls MN 56537 267246000991148000 Lon K & Susan C Hanson Tst 111 Melody Ln Ottertail MN 56571 9500Terry L & Kathleen B Davis 45539 Lamplight Dr46000991149000 Fergus Falls MN 56537 2672Lon K & Susan C Hanson Tst 727 Melody Ln46000991150000 PaEe 1 of 1Friday. December 20. 2019 ■iM.; t. Buffer Mail City, State, Zip West Fargo ND 58078 2624 Address i Address 2Name 244 11th AveW ', Larry E & Linda J Childs OttertaiIMN 56571 9500Terry L & Kathleen B Davis 45539 Lamplight Dr Gary F & Raveill P Deniz Lakeview OR 97630 0106PO Box 110 Dean & Sherri Hylland 45565 Lamplight Dr Ottertail MN 56571 9500 Ottertail MN 56571 9500Stephanie J Jeziorski 45371 Lamplight,Dr (Lon K,& Susan C Hanson Tst Fergus Falls MN 56537 2672727 Melody Ln Robert Morgan 45399 Lamplight Dr Ottertail MN 565719500 John L & Caroline Ann Nelson Ottertail MN 565710155PO Box 155 Pate Family Rev Living Tst Wadena MN 56482 2041904 King Ave SW Randy Beyer & Denise Olsen Mankato MN 56001 6425321 Maverick Dr Rd Offutt Co Fargo ND 58106 7160PO Box 7160 ! Dean & Patricia Rix '45415 Lamplight Dr Ottertail MN 56571 9500 Pam Scheer Ottertail MN 56571 950045431 Lamplight Dr ■ Michael C & Jolayne K Waller 2530 Sharps PI Bismarck ND 58503 0970 Friday, December 20, 2019 Page 1 of 1 I PROPOSED SPLIT AND v» j PROPOSED SPLIT AND