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HomeMy WebLinkAbout16000080048002_Conditional Use Permits_09-21-20111099726 DOC# 1099726received AU6 2 3 2011 land ^4 KESOUKCE 1099726 Fee: $46.00 Certified, Filed, and/or Recorded: Well Certificate [ ] Rec'd November 02, 2011 9:45 AM Wendy L. Metcalf, Recorder OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Returned To: LAND & RESOURCE By: NDB THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMITr COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us m ? 4 2011 ^ND & ResqURC£ Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date DAYTIME PHONEPROPERTY OWNER(S) MAILING ADDRESS /Z Z/ ^/Z /S' yx/yvA t LAKE NAMELAKE NUMBER /LAKE CLASS /I 1/3/jl TOWNSHIP NAMERANGETOWNSHIPSECTION E-911 ADDRESS PARCEL NUMBER //c C>C'00<POO c/i ref ^ i6 i fr /9LEGAL DESCRIPTION Ar<-^3 CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) (^^pographical Alteration Forest Land Conversion. Commercial Use___ Cluster Development___ Extractive Use Miscellaneous____________________________________________ Industrial Use SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Don - nj o Lu r Q iCy cq lA^alfout Sod ~T^ C^nS-truc± ^ (tui-- Ll S' u ^ 'Ll, = /'/'/. 3 vj slope. U-b %CSC>(. \^'X au' X (o’ duftAAf^^eCtud'yV ib UAiAj ^ OJMu amp k&^ntdLKA&4JuhU il I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAWD. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TP 77* 7- CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. GMkMmj ahHi^di SIGNATURE OF PROPERTY OWNER/ AGEIIT f6R OWNER il.u -.J DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) oXdt IDate Of Planning Commission Hearing Time Planning Commission Recommendation October 12, 2011- Motion: A motion by Trites, second by Gill, to approve (drawing received September 26, 2011) as presented, provided appropriate erosion control measures are implemented and the spoil materials not used for backfill must be hauled offsite; extending the completion date to November 30, 2011. Chairman/Otter Tail CountyTlanning Commission County Board Action / Approved As Recommended Denied As Recommended Other Chairman/Ottet Tail County Board of Commissioners Date of Final Action U(eS^imiiLACONDITIONAL USE PERMIT # L & R Officia Permjt(s) required from Land & Resource Management Yes (Contact Land & Resource Management) (6Copy of Application Mailed to Applicant, Co. Assessor and MN DNR L&R Offi :ial/Daie bk 062007-006 OTTER TAIL COUNTY Gonditional Use Permit # Owner’s Nam© ^Property Address F'^^AholH fici ____ Location: LakeN^^^Ol Sec. TwpJX^ Ranae^^ Twp.Name vc/o^ ~~N-OtX>0^-OOi^roo7^ Work Authfft’gtv/w, -zpti » f^oilH^-ktAMv US-ed <ti)ri fxicKftll MosTt^ UloW OE^VC,' ^ ;(OSI-2-0((Valid:Expires: t^nd and Resource Managejpent Official / Dale 1. Entire area shall be stabilized within 10 days of the completion of any earthmoving unless otherwise stated. 2. Owner is legally respotisible for all surface water drainage that may occur. 3. If the terms of this permit are violated the entire permit may be revoked and the owner may be subject to legal prosecution. 4. This card shall be placed in a conspicuous place not more than 4 feet above grade on the premises on which work is to be done, and shall be maintained there until completion of such work. 5. NOTIFY DEPARTMENT OF LAND AND RESOURCE MANAGEMENT,TELEPHONE (218) 998-8095, WHEN AUTHORIZED WORK HAS BEEN COMPLETED.BK-1004-046 319,993 * Victor Lundeen Co., Printers • Fergus Falb. MN • 1-800-346-4870 i- •i - 9 OTC Board of Commissioners’ Minutes October 18, 2011 Page 3 Preliminary Plat - “Schwartz VistaVLes Schwartz & Douglas E. Schwartz et at: Motion by Huebsch, second by Johnson, and unanimously carried to approve a Preliminary Plat entitled “Schwartz Vista” consisting of 2 single family residential lots as presented. The proposal is located on Lots 1, 2 & 3 Kapler’s 3'’'^ Addition to Grand View Heights & pt of GL 4, Section 6 & pt of GL 1, Section 7 of Pine Lake Township; Big Pine Lake (56-130), GD. Preliminary Plat - “West Franklin Lake Acres'/Future Generations LLC: Motion by Huebsch, second by Froemming, and carried with Johnson abstaining, to approve a Preliminary Plat entitled “West Franklin Lake Acres” consisting of 3 single family residential lots. The proposal is located in GL 7 ex trs & GL 8 ex trs & ex platted & ex ded rd in GL 7 & 8, to be perm att to #394 (.44 AC), Section 27 & Lot 3 ex tr & ex plats #352 perm att to #394 (19.58 AC), Section 34 of Dunn Township; Franklin Lake (56-759), RD. Conditional Use Permit- East Silent Resort LLC: Motion by Huebsch, second by Johnson, and unanimously carried to approve a Conditional Use Permit for an after-the-fact request to update and improve an existing patio area with conditions as recommended by the Planning Commission. The property is located at Pt GL 1 & 2 ex tracts (44.60 AC), Section 33 of Dora Township; East Silent Lake (56-517), RD. Conditional Use Permit - Mel R. & Joan L. Stoltz: Motion by Johnson, second by Huebsch, and unanimously carried to approve a Conditional Use Permit for an earthmoving project for construction of a new seasonal cabin with conditions as recommended by the Planning Commission. The project is located in Lot 10 lying North & East of Highway #41 (3 AC), Section 9 of Star Lake Township; Star Lake (56-385), GD. Conditional Use Permit - Inspiration Point Bible Camp/Lutheran Brethren Bible Camp, Inc: Motion by Froemming, second by Huebsch, and unanimously carried to approve a Conditional Use Permit to construct retaining walls and raise a driveway as presented with an extension of the completion date to November 30, 2011. The proposal is located on a 20 Ac Tract in GL 5 & 5.10 Ac in GL 5 ex Tract to Bible Camp ex Tr & GL 6 Ex Platted, Section 17 of Leaf Mountain Township; Spitzer Lake (56-160), NE. Conditional Use Permit - Jim & Robin Andrews: Motion by Johnson, second by Froemming, and unanimously carried to approve a Conditional Use Permit to excavate for a new home, garage, and driveway with conditions as recommended by the Planning Commission. The project is located in Pt of GL 3 & 4, Section 1 and pt of GL 3, Section 12 (17.11 AC) of Dane Prairie Township; Unnamed (Stang) Lake (56-1417), NE. Conditional Use Permit - Thomas Melius. Glenn Freeland & Rick Weum: Motion by Froemming, second by Huebsch, and unanimously carried to approve a Conditional Use Permit for a road project with conditions as recommended by the Planning Commission. The project is located in Pt of GL 2 & 3, Section 9 of St. Olaf Township; Johnson Lake (56-393), NE. Conditional Use Permit - Woodland Beach Resort Assoc. LLC: Motion by Froemming, second by Johnson, and unanimously carried to approve a Conditional Use Permit to install a pitched roof over mobile home in Woodland Beach Resort Association as presented. The project is located in Pt of GL 3, Section 2 of Everts Township; Otter Tail Lake (56-242), GD. Conditional Use Permit- Jerry & Barbara Thurman: Motion by Johnson, second by Huebsch, and unanimously carried to approve a Conditional Use Permit to excavate to construct a walk-out basement as presented on the September 26, 2011 drawing and with conditions as recommended by the Planning Commission. The project is located in Pt GL 5 & 6 (3 Ac), Section 8 of Dora Township; East Spirit Lake (56-501), RD. otter Tail County, Planning Commission October 12, 2011, Page 4 Jim & Robin Andrews, Chad Rushin (Nor-Son) and Amy Dirkes (Nor-Son) represented the Application. Neil Lindgren spoke in favor of the project. Ryan Leitch expressed concerns regarding drainage and the proposed driveway. Motion: A motion by Kinzier, second by Gill to approve as presented, provided appropriate erosion control measures are implemented; extending the completion date to November 30, 2011. Voting: All members in favor. Thomas Melius, Glenn Freeland & Rick Weum - Approved With Conditions: A Conditional Use Permit Application (as stated by the Applicant on the Application): Part I - Request to construct from existing driveway a continuation heading South & then West 600'. 1500 yds of fill & cutting required; 14' surface width. Top dressing will be done in Spring 2012. Cut at depth of 3 - 4 ' with spoils being hauled offsite. Part II - Request to construct 250’ driveway from Tract X property line and continuing into and approaching home and shed. 1000 yds of fill & cutting required; 14' surface width. Top dressing will be done in Spring 2012. Cut at depth of 3 - 4 ' with spoils being hauled offsite. The project is located in Pt of GL 2 & 3, Section 9 of St. Olaf Township; Johnson Lake (56-393), NE. Glenn Freeland represented the Application. Steven Kunede (representing a family member that owns an existing house in the area) had questions regarding the location of the proposal. Motion: A motion by Erickson, second by Trites to approve as presented, provided appropriate erosion control measures are implemented;, extending the completion date to November 30, 2011. Voting; All members in favor. Woodland Beach Resort Assoc. LLC - Approved As Presented: A Conditional Use Permit Application (as staled by the Applicant on the Application): To install a pitched roof on mobile home with-in Woodland Beach Resort Assoc. LLC (Site # 86-12). Carry roof out & over west deck section not to exceed 6-12 pitch. Zero impervious surface increase proposed. The project is located in Pt of GL 3, Section 2 of Everts Township; Otter Tail Lake (56-242), GD. Brett Hopponen and Denni Floerish represented the Application. Motion: A motion by Gill, second by Schwartz, to approve as presented. Voting: All members In favor. Jerry & Barbara Thurman - Approved September 26, 2011 Drawing With Conditions: A Conditional Use Permit Application (as stated by the Applicant on the Application): Excavate soil to construct a non-natural walk-out basement. Walkout cut - 48' L x 14' out x 6' D = 149.3 c.y. Slope sides 80 c.y. 14' L x 26' W x 6' D. Spoils from excavation to be used in low area and to backfill around dwelling; any remainder will be hauled offsite. The project is located in Pt GL 5 & 6 (3 Ac), Section 8 of Dora Township; East Spirit Lake (56-501), RD, Motion - September 21. 2011: A motion by Erickson, second by Maske to table (at the Applicant's request), to October 12, 2011 to allow the Applicant to provide more detail of the proposal clarifying the request, including profiles, verification of the proposed cut in a drawing and staked onsite, and a drainage plan. Information must be received by Land & Resource no later than September 23, 2011. Greg Nelson (Superior Lakeside) represented the Application. Otter Tall County, Planning Commission October 12, 2011, Page 5 Motion: A motion by Trites, second by Gill, to approve (drawing received September 26, 2011) as presented, provided appropriate erosion control measures are implemented and the spoil materials not used for backfill must be hauled offsite; extending the completion date to November 30, 2011. Voting; All members in favor. Adjourn: At 9:10 P.M., Chairman Olson set the Meeting. The next Meeting is scheduied for 6:30 P.M. on November 9, 2011. ' Respectfuliy submitted. Marsha Bowman Recording Secretary wsr SPIRIT lare M imm NORTH; 17 20 .-24-' 23 EXCmJWH TO D/iY-Lm rnguj 1100 SF, 1-5 FT, AVG.- EOT ^ 60 - EO, yos,, 18-(>32i28OEEi: 48 HOUSE O BASENENT EXE 1392 SF. ^^5 FT, AVG. EOT. ^ 130 - EO, yos, ) GARAGE received S!3P ? 5 2011 LAND & RESOURCE Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY Government Services Center - 540 West Fir Fergus Falls, MN 56537 PH: 218-998-8095 Otter Tail County’s Website: www.co.otter-tail.mn.us September 22, 2011 Jerry & Barbara Thurman 1678 CR 15 Clovis, NM 88101 RE: Conditional Use Permit Application, East Spirit Lake (56-501) Jerry & Barbara Thurman: On September 21, 2011, the Planning Commission passed a motion to table your request. Their motion is as follows: A motion by Erickson, second by Maske to table (at the Applicant’s request), to October 12, 2011 to allow the Applicant time to clarify the request and provide additional detail: 1. A scale drawing identifying the proposed profiles. 2. A scale drawing verifying the proposed cuts & slopes. 3. A proposed drainage plan. 4. Stake (and identify) proposed cuts onsite. Information must be received by Land & Resource no later than September 23, 2011 If you have any questions, please contact our Office. Sincerely c/W'iA\p^ Marsha Bowman Recording Secretary CC: S & S Construction, 16939 Co Hwy 118, Elizabeth, MN 56533 otter Tail County, Planning Commission September 21,2011, Page 2 Brian L. Fetzer - Approved With Conditions: A Conditional Use Permit (as stated by the Applicant on the Application): This is an After-The-Fact Request. Added 10 yards of sand to beach. Added 3 yards of rip rap rock to build retaining wall (356 sq. ft.). Added 192 sq. ft. of patio pavers to build patio. Added 118 sq. ft. of sod to prevent erosion from rain runoff. Added 146 sq. ft. of mulch and plants to edge of patio. (All dimensions are located on scale drawing on back of “Application for Grade & Fill Permit Application, available on file at Land & Resource Office). The project is located in Pt of GL 1 (1.63 Ac), Section 29 of Scambler Township: Pete Lake (56-941), NE. Brian Fetzer represented the Application. Randy Arntson, previous owner, agreed with the Applicant that cattle did create problems with the shoreline. Motion: A motion by Maske, second by Erickson to approve as presented, provided the sand in the beach area is revegetated, the stabilization plan for the revegetation must be approved by Land & Resource, and temporary erosion control measures must be implemented no later than November 1, 2011. Voting: All members in favor. Jerry & Barbara Thurman - Tabled To October 12, 2011: A Conditional Use Permit Application (as stated by the Applicant on the Application): Excavate soil to construct a non-natural walk-out basement. Walkout cut - 48’ L x 14’ out x 6’ D = 149.3 c.y. Slope sides 80 c.y. 14’ L x 26’ W x 6’ D. Spoils from excavation to be used in low area and to backfill around dwelling: any remainder will be hauled offsite. The project is located in Pt GL 5 & 6 (3 Ac), Section 8 of Dora Township: East Spirit Lake (56-501), RD. Scott Stenger (S & S Construction) represented the Application. Motion: A motion by Erickson, second by Maske to table (at the Applicant’s request), to October 12, 2011 to allow the Applicant time to clarify the request and provide additional detail: 1. A scale drawing identifying the proposed profiles. 2. A scale drawing verifying the proposed cuts & slopes. 3. A proposed drainage plan. 4. Stake (and identify) proposed cuts onsite. Information must be received by Land & Resource no later than September 23, 2011. Voting: All members in favor. Matt & Bridget Cullen - Approved As Presented: A Conditional Use Permit Application (as stated by the Applicant on the Application): Proposing the excavation of unstable soil material on-site and the construction of a suitable building pad for a single family dwelling unit and a detached garage. House: maximum area of cut 96’ x 104’, maximum depth 13’, area will be filled with a granular fill and compacted at max depth 7’. Garage: maximum area of cut 50’ x 36’ maximum depth 4’, backfill 6 Install/construct two retaining walls to contain backfill and to maintain existing grade as much as possible, one wall on north side of proposed dwelling, one wall on south side of proposed garage. Will stockpile usable soil on site approx. 1600 cu.yds, will establish and maintain stormwater run off buffers, all unusable soil will be removed from site. Remove topsoil and replace with hardsurface driveway to garage. Request to have the project completed by 11-1-11. The project is located on Lot 3 BIk 2 Scalp Lake Acres, Section 7, Hobart Township: Scalp Lake (56-358), RD. Terry Becker (Becker Construction) and Austin Becker (Becker Construction) represented the Application. Motion: A motion by Boyer, second by Maske to approve as presented. Voting: All members in favor. »+/- OTTER TAIL COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING APPLICANT:Jerry & Barbara Thurman 1678 CR15 Clovis, Nl\k 88101 HEARING DATE/LOCATION:September 21, 2011, at 6:30 P.M. ** Commissioner's Room, Government Services Center West Fir Fergus Falls, MN 56537 CONDITIONAL USE PERMIT APPLICATION REQUEST (as stated by the Applicant on the Application): Excavate soil to construct a non-natural walk-out basement. Walkout cut - 48’ L X 14’ out X 6’ D = 149.3 c.y. Slope sides 80 c.y. 14’ L x 26’ W x 6’ D. Spoils from excavation to be used in low area and to backfill around dwelling; any remainder will be hauled offsite. LAKE NAME/NUMBER/CLASS: East Spirit Lake (56-501), RD E-911 ADDRESS: 44746 Fredholm Rd, Vergas, MN 56587 LEGAL DESCRIPTION: Pt GL 5 & 6 (3 Ac), Section 8 of Dora Township **.. 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._____^_________________j__________^_______________________________________ The above Applicant has made Application to the Otter Tail County Planning Commission for a Conditional Use Permit as per the requirements of the Shoreland Management Ordinance of Otter Tail County. Details of the Application are available for viewing at the Land & Resource Managertjient Office, Government Services Center 54(3 West Fir, Fergus Falls, MN 56537. Any comments regarding this request may be expressed at the Hearing or mailed to the Land & Resource Management Office at the above address. INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING. September 7, 2011Bert Olson Mailing DateChairman Planning Commission Application for Conditional Use Permit RECEIVED AUG 2 3 2011 Jerry and Barbara Thurman land & RESOURCE Property Location:44746 Fredholm Road, Vergas, Minnesota 56587 Parcel Number:16000080048002 Lake Name: Lake Number: Township: East Spirit Lake 56-501 Dora Reason for Request: Excavate soil to construct a non-natural walk-out basement. Contents: 1. Letter to Commissioners 2. Scaled Drawings a. Cubic yards of soil to be excavated b. Relocation of excavated soil on the property 3. Lot lines - Survey (June 2011) 4. Floor Plans and Elevations 5. Evidence of Ownership - Warranty Deed 1678 CR 15 Clovis, NM 88101 August 18, 2011 Otter Tail County Planning Commission Government Services Center 540 West Fir Fergus Falls, MN 56537 Dear Commissioners, Thank you for your time and effort to review our application for a Conditional Use Permit, both in the office and in the field. We appreciate the fact that there are extensive ' control measures in place to ensure the integrity of the lakes and lands in what we consider to be the most beautiful area of our nation. As a military family that has lived all over the country, this property has been our one constant in life. Granting a Conditional Use Permit to complete this project allows us to replace a mobile home originally moved onto the property by Barbara's Mother and Father in 1989, in the original location where our family has spent so many enjoyable summers. The plan we selected stood out to us as a natural fit for East Spirit Lake, and we are asking you to agree by granting approval. Sincerely, Jerry Thurman. BarbaraThurman Scale Drawing 44746 Fredholm Road Vergas, MN Jerry R. Thurman, Jr. Barbara F. Thurman August 18, 2011 Note: Driveway is actually further north \ Existing well \North\ Location to relocate soil from basement (low spot)II Existing septic tank and drain field \ \\ \/ \ 1 JSoil Excavated 393 cubic yards to create walkout 266 cubic yards for basement 659 cubic yards total v> Erosion control: Will erect a silt fence until natural vegetation is regrown There are no wetlands on the property OHWL Impervious Surface Ratio = 1.85% ;; ) {) ( jEm II / /I3 I \I 1717 a■20 ^ > 0 I ^•23-r s:EXOVATION I MLX OUT C/ IIQO SF. I-5-ft. AVG. i (60- CU. 18 PirsC.327\ >J1^28!m H T^ 0^ d*1JQ --0^48»■• >HOUSE << s.>-BASETENT EXf 1392 SF. 2,5 FT. AVG ( ID - CO. O-h.d 8m8E2 (A 0 tK\\ s’xdiis hoi\v\ 5\o'f^s Ho ovAbVijo. / 40 12 Z] zis C.O \ OO'boV\ed \\aa ^ so 1(i \ V /vJL mmm. 6/12 PICfH*/2'01I /a ' z □V00 i.r A 66T >T\ l7'-0"M‘-0" 12io[Z 6 <o l6'-0"- iE a l6'-0"46'-0"20'-0" i 4‘-0"|2'-0" 1. ;k 6 6T A 464'-0"\r-0" 511 ■0-.U. tJ£S Qa a Garage 6 i 9 .0'«^ 5i s99 MIPS 2LivingS’'1Q9 I H3 »«6 Q Deck 9 ■O'.OI.0-.9Z.O'ZI North Front Elevation 12 N □I□o DO I EI Rear Elevation 12io[^ b A., ■iJ jdd s 5 North Elevation I jll f a3E Im South Elevation \c x=y —~-y 1122 ■i:-g mQ Iff mu [iiuu S^_ LEGEND Denotes iron monuments found. Denotes iron monuments set marked with Minnesota Registration No. 12004. Orientation of this bearing system is assumed. Scaie : I inch = 100 feet • = o = GOV'T. LOT I I nT K 1V I. /acuVfcevi c>T O 2.1^ 2.0//CERTIFICATION FOR 3.0 t ACRE TRACT } h»reby certify tfaat thia ssrvey, ph.a, <sn iwpoit was pxeparad by m« <sr uiadsi- my dir*ct 3ti ^urwyor StGtt of Jiiha* /Vl eqc/ftK;Svl^ye.J//^, Jnc. CERTIFICATION FOR 2.7 ± ACRE TRACT. 1 hafebf e®i1ify that this survey, pkm, &> r«port wa»-^jjspared by me or under my diieet tupervisi/ja and t^at I am a duly Regi#- iawi of tb« f^>'t id L V~u*fC 2f, 2.011 /non ^0/7 -Too^d hio/i t'rn e.nh S ^sioa and that I am a duly iax the Iqw» of theUf*r Wred Land i tha ]/r^n=•:^jS!|aL£L...fi3:/L_^^&.T Beg. JSfo.(%d?.£b^Date... V = ^toJen Heg-No,!!;*®/ ^3¥C2-/^ mofmt 6/12 PICfHw/ 2'CH □h A l.F 4’-0"|2'-0" w : i \ f 12 I iiTiii iiTiii iiTnTTnTrTiTrNniii iiTiii iiiiTi IIIII! IImiiT12 N rL o DD 12 6 5^lO l6'-0" D \ K n \ A i lO'-O"l2'-0"26'-0" 6 ML 6 6 CO»TN I o ! 909238 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that qoQ23R thlslnelniment#___ was flied/recorded bt thie offloe No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( Certifi^te of Real Estate Value No. Chuhlid \3 ) not required. feooidlngfae/^ (ir __well certfflcate ’ (Year)WWayne County Auditor by. by Deputy J[space above for recording data). WARRANTY DEED - Individusd(s) to Joint Tenants STATE DEED TAX DUE HEREON: $237.60 COUNTY OF OTTER TAIL STATE OF MINNESOTA deedt^$^;^£^. DATE:,2002 FOR VALUABLE CONSIDERATION, Clifford H. Rastedt, a single man, Grantor(s), hereby convey(s) and warrant(s) to Barbara Faye Thurman and Jerry Ray Thurman, Jr., wife and husband, Grantees as joint tenants, real property in Otter Tail County, Minnesota, described as follows: See attached Exhibit A together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Easements, restrictions and reservations of record, if any. Check applicable line: The Seller certifies that the seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor reserves a life estate in the premises for as long as he shall live. state OF MINNESOTA ) (fJZuj jjtiuS )ss. COUNTY OF A The foregoing instrument was acknowledged before me this rW^Ayr__, 2002 by Clifford H. Rastedt, a single man^ Grantor(s).day of Notarial Stamp or Seal (or other Title or Rank) raSTiAaBARA M. HABERMAN I ISoSl NOTARY PtitLiC - MNNE^TA | MyComm.E)lpcJBn-31.2ftK f Signature of Person Taking Acknowledgment Tax statements for the real property described in this Instrument should be sent to : Barbara Faye Thunxum & Jerry Ray Thurman, Jr. SSllCounly Road SB Savannah MO 64485 This instrument was drafted by: DIRKS LAW OFFICES, P. A. P.O.Box 338 Pelican Rapids, MN 56572 P'.XHIKTT A That part of Government Lot 5 and that part of Government Lot 6 in Section 8, Township 136 North, Range 41 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows: Commencing at an iron monument which designates Meander Corner No. 76 located on the north line of said Section 8 and on the east shore of West Spirit Lake; thence North 90 degrees 00 minutes 00 seconds East 800.20 feet on an assumed bearing along the north line of said Section 8 to an iron monument which designates Meander Corner No. 75, said Meander Corner No. 75 being located on the west shore of East Spirit Lake; thence South 39 degrees 14 minutes 26 seconds Irfest 1768.84 feet to an iron monument, said point is the point of beginning; thence North 02 degrees 01 minute 18 seconds West 255.00 feet; thence northerly on a curve, concave to the west, having a central angle of 31 degrees 24 minutes 11 seconds and *a radius of 437.61 feet, for a distance of 239.85 feet (chord bearing North 17 degrees 43 minutes 24 seconds West); thence North 33 degrees 25 minutes 29 seconds West 113.42 feet to the centerline of County State Aid Highway No. 4; thence South 54 degrees 55 minutes 58 seconds West 66.03 feet along the centerline of said County State Aid Highway No. 4; thence South 33 degrees 25 minutes 29 seconds East 111.52 feet; thence southerly on a curve, concave to the west, having a central angle of 31 degrees 24 minutes 11 seconds and a radius of 371.61 feet, for a distance of 203.68 feet (chord bearing South 17 degrees 43 minutes 24 seconds East); thence South 02 degrees 01 minute 18 seconds East 450.49 feet; thence North 74 degrees 46 minutes 35 seconds East 67.79 feet to an iron monument; thence continuing North 74 degrees 46 minutes 35 seconds East 520.88 feet to an iron monument; thence continuing North 74 degrees 46 minutes 35 seconds East 15 feet, more or less, to the water's edge of said East Spirit Lake; thence northerly along the water's edge of said East Spirit Lake to the intersection with a line which bears North 78 degrees 50 minutes 59 seconds East from the point of beginning; thence South 78 degrees 50 minutes 59 seconds West 15 feet, more or less, to an iron monument; thence continuing South 78 degrees 50 minutes 59 seconds West 441.62 feet to the point of beginning. The above described tract contains 3.0 acres, more or less. SUBJECT TO the existing County State Aid Highway No. 4 right of way easement at the northerly end of said tract. j(jj' OcO-O^-OO^g-TDOX tnr'-A- ;