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HomeMy WebLinkAbout49000270205005_Conditional Use Permits_05-13-2015Conditional Use Permits Barcode 128 » , « i OTTER TAIL COUNTY Conditional Use Permit #C.^Rj of f^rU.r5 rrnri^Owner’s Name Property Addresg, Location: LakeN Sea 57 Twp. Ranae 37 Two. sC^ . In'f*. ^. _rr'!^ Work Authorized: i^>M «»• irfvK(n^s —-h (tyfrof^r-h^p my(v^j w«rfl-f d*^|^uri^^et1«ni to -ft) fee. fOMMfcW (>J / 1 an J ancH^esource Managemenf Official / Date Entire area shall be stabilized within 10 days of the completion of any earthmoving unless otherwise stated. Owner is legally responsible for all surface water drainage that may occur. If the terms of this permit are violated the entire permit may be revoked and the owner may be subject to legal prosecution. 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 Lunde«n Co . Pnoton * Forgui PiKs, h 1-800-346-4870 sc,c:d 1159718 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 06/11/2015 11:28 AM FEE; 46.00 PAGES S WELL CERTIFICATE REC D: N THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT / INTERIM USE PERMIT 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 COMPLETE THIS APPLICATION IN BLACK INK Application Fee 5m. i!0 Receipt Number Accepted By / DateV Wg-/7-/5 - PROPERTY OWNER(S) C t 0~(- Pcxrkgrs ?rairie. DAYTIME PHONE Z i B ~ 5^ QCfc MAILING ADDRESS PO IQ. ParkpcS ~PrCitr>e,MO S \ LAKE NUMBER 3 (o - 3> \ LAKE NAME ^ d I€■ vyLAKE CLASS GO SECTION ■ Z. 7 TOWNSHIP 131 M RANGE 31 vO TOWNSHIP NAME PcxrKf.r^ _________ PARCEL NUMBER M E-911i(j Z-1C Z-Ob OOV addressA'^L 110- Please check the appropriate requests CONDITIONAL USE PROJECT K Topographical Alteration___ Commercial Use___ Cluster Development___ Extractive Use___ Industrial Use___ Forest Land Conversion___ Commercial WECS___ Miscellaneous Con^V r A4 iitV i - Vrc. i 1 INTERIM USE PROJECT, Existing Dwelling Removal Existing Dwelling Repurposing. SPECIFY^YOURJ?JEQUEST.^RUEA&EBE,Bi^EF.AS.JHIS,Vy|LkBE.U5EP FQR PI IRI IP, NnTJFICATIpN. C .-K, o-^ ro tou-Vcl ck b.tu /L4 pucporid +ra. 1 -PrcA^ CSAHMU/ i H'Z.'r c a -Po i'6 5-VrA«+, A -po^V.o-,x oA +r<x; ( :sou.-Vs.r\e -HNe CoiA■V^;^ \oc>o‘ oA Lake Adl«^ O. coiAiL-ftoiNo^l u.se perAAii. Properties involved with proposed project will be granting an easement to the City of Parkers Prairie. I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE U^ OF THE LAND. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. felGN^ ■ ,W<J Cc^duyxbjQ________________________ IGNATU^^E' of property owner / AGENT FOR OWNER .6-2(»-l5 DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 351.825 ♦ Victor Lundeen Co Printers • Fergus Falls MN • 1-800-346-4870 Wi Date Of Planning Commission Hearing (3. _________ Time Planning Commission Recommendation May 13, 2015 - Motion: A motion by Trites, second by Wilson to approve as presented. il CourChairman/Otter Tail County Planning Commission County Board Action ^ Approved As Recommended _____Denied As Recommended Other Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) L & R Official/Date No Copy of Application Mailed to Applicant, Co, Assessor and MN DNR R Official/Date bk 08012013-006 F,orm No .5-M-WARRANTY DEED lodividual (s) to Joint Tenants Minnesota Uniform Conveyancing Blanks (1978) 911561 No delinquent taxes and ^ansfer entered; Certificate of Real Estate Value ( filed ( ) not rMuired Certificate of F#al Estate Vajue No_____ by —'County Auditor STATE DEED TAX DUE HEREON; $ 7 5 Date: June 20___________,20 02. OFHCE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that - ^ ^this instrument # 91X50 was fiied/recorded in this office for re^rd tm the ll day of ____________2002 at jn .\55|4ifrv^m Wendy L'Meteaff, County Recorder (reserved for recording data) FOR VALUABLE CONSIDERATION, Bradley Smith aka Bradley L. Smith and Sheena Smith aka Sheena M. Smith, husband and wife___________________________________________ (marital status) hereby convey (s) and warrant (s) to Kelly w. Simonson and Patricia M. Simonson Grantotfs), , Grantees as joint tenants real property in OTTER TAIL SEE ATTACHED EXHIBIT 1 ____County, Minnesota, described as follows; *7 hereby certify taxes for the year< for the lands described Ijin a,je pai^ ^County Treasurer (if more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions; Easements, Restrictions and Reservations of Record, if any. Check box if applicable: x| 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 chang^^fj^ filed well disclosure certificate. RTATi: OF MINNESOTA DEED TAX S g NUMBER .ltrJL2l2:2ji'-5 DATE Affix Deed Tax Stamp Here Bradley Sini'tfh al« Bradley L. Smith ^IMA 9r U Sheena Smith aka Sheena M.Smith STATE OF MINNESOTA COUNTY OF Douglas }ss. The foregoing instrument was acknowledged before me this 20 th (Jay of June ,20__02. hy Bradley Smith aka Bradley L. Smith and Sheena Smith aka Sheena M. Smith, husband and wife,, ______,Grantor(s). NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) JENNIFER L LANGNER NOTARY PUBLIC - MINNESOTA My Comm. Exp. Jan. 31, 2005 > THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS); Douglas County Abstract Company 117 7th Avenue East Alexandria, MN 56308 33iu/ SIGNATU^ Of FgpSONTrAielKG ACKNOWmiGMENT Check here if part or all of the land is Registered (Toirens) Q Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): Kelly W. & Patricia M. Simonson N LabL nn»1h>T5L’^r friiVWvjL, together with all hereditaments and appurtenances belonging thereto. Its cie~r>: ^ ^ STATE OF MINNESOTA ) COUNTY OF OfknolL ) ss. ^ The foregoing instrument was a(^owledged before me this of March, 2010, byl^ynriJl kf. and X|iYJbtr, the City Mayor and City Clerk of the City of Parkers Prairie, a municipal corporation under the laws of Minnesota, on behalf of the City of Parkers Prairie. B08BI L DUBEROWSKI Notary Rublio-MInnesota My Comm. Explra* Jan. 31.2015 Notary Public THE TOTAL CONSIDERATION FOR THIS TRANSFER IS $500.00 OR LESS. Tax statements for the real propertj' described in this instrument should be sent to: Parkers Prairie Township Attn; Gene Payne P.O. Box 113 Parkers Prairie, MN 56361 This Instrument Was Drafted By: PEMBERTON, SORLIE, RUFER & KERSHNER, P.L.L.P. 7 Colfax Avenue Southwest, P.O. Box 406 Wadena, Minnesota 56482 Telephone: 218-631-1400 -2 - 4*1072348 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ^ ) not required. Certificate of Real Estate Value No ,spm(Year) Wayne Stein, County Auditor by ___________________________ /Y *i^OOO-Sl‘030S'Cx^S. Deputy I heroby certify that the taxes for the yearrO 6/ 0 tor the lands described within are OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA SrSn072348 was fileciftecorded (n ttiis Office ..dforrec^ on tfret-^zifL—day of —_____2010 at tn ^< fenunty Treasurer QUIT CLAIM DEED P. d Corporation to Corporation STATE DEED TAX DUE HEREON: $1.65 Dated: March 2010 COUMTV OF OTTER TAII. STATE OF Mr"""'"" DEED TAX S FOR VALUABLE CONSIDERATION, CITY OF PARKERS PRAIRIE, a municipal corporation under the laws of Minnesota, Grantor,' hereby conveys and quitclaims to TO’WNSHIP OF PARKERS PRAIRIE, Grantee, a municipal corporation under the laws of Minnesota, real property in Otter Tail County, Mirmesota, described as follows: That part of the fractional South Half of the Northwest Quarter (S'/2NW14) of Section Twenty-seven (27), Township One Hundred Thirty-one (131) North, Range Thirty-seven (37) West, Otter Tail County, Minnesota, described as follows: Commencing at the southwest comer of said Section Twenty-seven (27); thence North 89°53" East, record bearing, along the south line of said Section, 2230.6 feet to the centerline of Trunk Highway No. 29; thence North 07°04" West, record bearing, along said center line, 4025.2 feet to the north line of fractional South Half of the Northwest Quarter (S'/iNW'/i) of said Section; thence South 89°25" West, along said north line, 75.46 feet to an iron monument of record, said point being the point of beginning of the land to be described, said point also being on the westerly right-of-way line of said Tmnk Highway No. 29; thence South 07°04” East, along said westerly right- of-way line, 66.4 feet to an iron monument of record; thence South 89°25"00' West, parallel with said north line of the fractional South Half of the Northwest Quarter (S'ANW'/i) 1240.18 feet; thence North 00°35"00' West 66.0 feet to aforesaid north line of the fractional South Half of the Northwest Quarter (SViNW'X); thence North 89°25"00* East, along said north line, 1232.68 feet more or less to the point of beginning. The tract contains 1.87 acres more or less. File No. TI 33164 EXHIBIT 1 That part of Government Lot 1, Section 27, Tovmship 131 North, Range 37 West, OTTER TAIL COUNTY, MINNESOTA, described as follows: Commencing at the north quarter corner of said Section 27; thence on an assumed bearing of South 89 degrees 37 minutes 21 seconds West, along the north line of said Section 27, a distance of 920.6 feet to a point on the center line of State Highway 29, said point being on a 5729.40 foot radius highway curve, the center of said curve bears South 86 degrees 20 minutes 35 seconds East from said point; thence southerly, along said curve, 396.32 feet, central angle 3 degrees 57 minutes 48 seconds East from said point; thence South 89 degrees 37 minutes 21 seconds West 425.02 feet; thence South 00 degrees 22 minutes 39 seconds East 310.00 feet to the point of beginning of the land to be described; thence continuing South 00 degrees 22 minutes 39 seconds East 639.57 feet to the north line of that land recorded in Book 397 of Deeds, page 481; thence South 89 degrees 25 minutes 00 seconds West, along said north line, 204.21 feet; thence North 00 degrees 22 minutes 39 seconds West 640.30 feet to a line bearing South 89 degrees 37 minutes 21 seconds West from the point of beginning; thence North 89 degrees 37 minutes 21 seconds East 204.21 feet to the point of beginning. The tract contains 3.00 acres more or less. ■W I F(»m No. 5-M -- WARKANTY DEED Individual(s) to Joint Tenants 820.389 No delinquent taxes and trailer entered; Cenificate of Real Estate Value ( t-'-^led ( Certificate of Real Estate Value No. __ . f__, 19*?^ LjDa^. !U__ / Cnii Minnesota Uniform Conveyancing Blanks (1978) Miller-Davis Co., Si. Paul Q)fir« c- C"i>ntv v vumv ijf unei i?iii i herebti certiw that the witnin Inslrumeiit was filet! i'jf i'acoriJ in this office oiUhe ,.,Ji——day of mfifVK AD. 19,^l_arj^J^ and vitas duly County Auditor by -^^£*=r- Deputy STATE DEED TAX DUE HEREON: $46.20 Date: February 13/ 1998_____________ 389 _____.Deputy (W^ (54^ (reserved for recording data) FOR VALUABLE CONSIDERATION, Richard Gappa and Debora Gappa, husband and wife/ hereby convey(s) and warrant(s) to (marital status) Bradley Smith and Sheena Smith/ Grantor(s), husband and wife* tenants, real property in.Otter Tail __________________ Grantees, as joint County, Minnesota, described as follows; SEE ATTACHED EXHIBIT ''A" "The seller knows of no wells on the above described real property." (if more space is needed, conlinue on back) together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Easements/ restrictions and reservations of record, if any." COUNTY OF OTTER T/;'i, ^ STATE OF MINNESOTA Affix Deed Tax Stamp Here STATE OF MINNESOTA COUNTY OF DOUGLAS DEED TAX $ DAT^ }Deoora Gappa The foregoing instrument was acknowledged before me this 13th day of February, 1998 . by__Richard Gappa and Debora Gappa, husband and wife. _________________________________________________________________________________ Grantor(s). NOTARl/a STAMP OR SEAL (OR OTHER TITLE OR RANK): TINA MARIE HARSTAD iNOTAnr PUBLIC - MINNESOTA ' My Conrni. Exp. J«n. 31,2000 THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): PROFESSIONAL REAL ESTATE SERVICE, INC. 2306 SOUTH BROADWAY ALEXANDRIA, MN 56308 SIGNATURE OF PERSON TAKING ACKNOWLEUOMENT Tax Statements for the real property described in this Instrumeru. should be sent to (include name and address of Granlee): Bradley Smith and Sheena Smith 11482 State Highway 29 Alexandria, MN 56308 i hers^ csrtify (hs! 1^9^ for the laiKio vi'iHiin ai :> pcid. . County Tre«uf«r EffilBIT "A" That part of Governaent Lot I, SecUon 27, Township i3i North. Range 37 Vest, OttertalJ County, Hinnescta, described as folJous: Caiaaenclng at the north quarter corner of said SecUon 27; thence an an assueed bearing of South B9 degrees 37 alnutes 21 seconds Vest along the north line of said Section 27 a distance of 920.6 feet to a point on the centerline of State Highway 29, said point being on a 5729.40 foot radius highway curve, the center of said curve bears South 36 degrees 20 alnutes 35 seconds East from said paint; thence southerly along said curve 396.32 feet, central angle 3 degrees 57 .tlnutes 48 seconds East from said point: thence South 89 degrees 37 minutes 21 seconds West 425.02 feet; thence South 00 degrees 22 minutes 39 seconds East 310.00 feet to the point of beginning of the land to be described; thence continuing South 00 degrees 22 minutes 39 seconds East 639.57 feet to the north line of that land recorded in Book 397 of Deeds, page 481; thence South 89 degrees 25 minutes GO seconds Vest along the north line of said land 721.87 feet to the southeast corner of that land recorded In Book 405 of Deeds, page 37; thence North 38 degrees 20 sinutej 00 seconds East along the east line of said land 498.23 feet; thence continuing along said east line North 28 degrees 13 alnutes 00 seconds East '254.13 feet; thence continuing along said east line North 06 degrees 56 alnutes 00 seconas East 30.50 feet; thence North 89 degrees 37 minutes 21 seconds East 284.77 feet to the point of beginning. OTC Board of Commissioners’ Minutes May 26, 2015 Page 4 Recess & Reconvene At 10:52 a.m., Chairman Lindquist recessed the meeting of the Otter Tail County Board of Commissioners for a short break. The Board of Commissioners meeting was reconvened at 11:01 a.m. Retirement Theresa Melmer, Human Services, is retiring from Otter Tail County with a coffee and cake to be held in her honor on May 29, 2015. Motion by Johnson, second by Froemming, and unanimously carried to approve a Commissioner attending if possible. Planning Commission Recommendations Conditional Use Permit - City of Parkers Prairie: Motion by Froemming, second by Lee, and unanimously carried to approve a Conditional Use Permit to build a bituminous multi-purpose trail from the CSAH 46/TH 29 intersection to 118“^ street in Parkers Prairie. The project is located in the State Hwy 29 right-of-way, Pt GL1, NE1/4NW1/4 & S1/2NW1/4, Section 27 of Parkers Prairie Township of Lake Adley (56-31), GD. Preliminary Plat - “The L Motion by Froemming, S' The Love Park Addition proposal is located in Pt Preliminary Plat - “Stoll’s Motion by Huebsch, sec Stoll's 2"° Addition consii is moved west 20’, there )usly carried to approve the Preliminary Plat titled sidential lots and 1 non-residential backlot. The nship; West Battle Lake (56-239), GD. -usly carried to approve a Preliminary Plat titled I lots 1 block provicied the westerly lot line of lot 2 on Lot 2. The project is located in Pt of GL’s 2 & 3, Section 13 of Star Lake Township: Star Lake (56-385), GD. Preliminary Plat - “Tamarac Lake View'/Georae & Marcelian DeSautel: Motion by Johnson, second by Froemming, and unanimously carried to approve a Preliminary Plat titled Tamarac Lake View consisting of 2 lots 1 block for single family residential use provided that the proposed dedicated road becomes part of Lot 2, and a shared 33’ private access easement from CSAH 9 to the west propertly line of Lot 2 is identified on the final plat. The project is located in R GL 1 Bg NW Cor GL 1, S 541.45’, S 88 Deg E 584.18’ to E R/W Ln Hwy #9, NIy Alg Hwy to Lake, NIy Alg Lk to N Ln (7.29 Acres) Section 22, of Scambler Township; Tamarac Lake (56-931), RD. Preliminary Plat - “The Sanitorium AdditionVSanitorium Land Co. LLC: Motion by Huebsch, second by Froemming and unanimously carried to approve a Preliminary Plat titled The Sanitorium Addition consisting of 6 lots 2 blocks for single family residential use. The proposal is located in PT of GL 1 and PT of the NW1/4 of the NE1/4, Section 32 of Amor Township; Otter Tail Lake (56-242), GD. Preliminary Plat - “Coleman Estates’’/Trustees of Moe Trust: Motion by Rogness, second by Froemming, and unanimously carried to approve a Preliminary Plat titled Coleman Estates consisting of 12 single family residential lots, 1 block as presented subject to meeting specifications of Otter Tail County and Clitheral Township; and approve a Conditional Use Permit to construct approximately 2,373 feet of road per Otter Tail County minimum road standards on the conditions that there is a berm constructed to the north and west sides of the project, mitigating run-off and a stabilization plan is submitted to Land & Resource Management for their approval. The project is located in the SW1/4 SW1/4 & Pt of GL4, Section 1 of Clitherall Township: West Battle Lake (56-239), GD. w wiiii Otter Tail County Government Services Center, 540 West Fir, Fergus Falls, MN 56537 218-998-8095 OTTER TAIL COUNTY PLANNING COMMISSION May 13, 2015 Meeting of the Otter Tail County Planning Commission was held on May 13, 2015 at 6:30 P.M. in the Commissioner's Room, Government Services Center, Fergus Falls, Minnesota. Roll Call: Members Present: Loren Bailey, Rod Boyer, Richard Gabe, Bert Olson, Jack Rosenthal, Robert Schwartz, David Trites, David Wass and Rick Wilson. Members Absent: Brent E. Frazier. David Hauser and Jeff Pabarcus represented the County Attorney's Office and Bill Kalar represented the Land & Resource Management Office. Minutes of April 15, 2015: A motion by Bailey, second by Schwartz to approve the September 19, 2015 Minutes as presented. Voting: All members in favor. City of Parkers Prairie - Approved As Presented: A Conditional Use Permit Application (as stated by the Applicant on the Application): The City of Parkers Prairie is proposing to build a bituminous multi-purpose trail from the CSAH46/TH29 intersection to 118^^ Street. A portion of this trail is outside of the City limits and within 1000’ of Lake Adley therefore requiring a Conditional Use Permit. Properties involved with proposed project will be granting an easement to the City of Parkers Prairie. The proposal is located in the State Hwy 29 right-of-way, pt GL1, pt NE1/4 NW1/4 & pt SI/2 NW1/4, Section 27 of Parkers Prairie Township: Lake Adley (56-31), GD. Jeremy Anderson (Design Tree Engineering) represented the Application. Ryan Koehn spoke in favor, stating it would be a good addition to the community. Motion: A motion by Trites, second by Wilson to approve as presented. Voting: All Members in favor. “The Love Park Addition” / Johanna Love - Approved As Presented: A Preliminary Plat of “The Love Park Addition” consisting of 4 Single Family Residential Lots and 1 Non-Residential Backlot. The proposal is located in Pt of GL 2, Section 28 of Girard Township: West Battle Lake (56-239), GD. Johanna Love, Glenn Howe (Anderson Land Surveying) & Dave Anderson (Anderson Land Surveying) represented the Application. Motion: Motion by Wilson, second by Gabe to approve as presented. Voting: All Members in favor. “Stolls 2'^'^ Addition” / Philip & Joan Stoll - Approved With A Condition: A Preliminary Plat of “Stolls 2^^ Addition” consisting of 3 Single Family Residential Lots 1 Block. The project is located in Pt of GL's 2 & 3, Section 13 of Star Lake Township: Star Lake (56-385), GD. Glenn Howe (Anderson Land Surveying) and Dave Anderson (Anderson Land Surveying) represented the Application. Motion: A motion by Wilson, second by Wass to approve provided the westerly lot line of lot 2 is moved west 20’, thereby increasing the buildable area on Lot 2\ th^^velopen%,tj^ provide Land & Resource a revised drawing for review. Voting: All Memb^miTfawr.* 978969 '1 No delinquent taxes and transfer entered; Certificate of Reai Estate Vaiue ( Ix^filed ( ) not required. Certificate of Real Estate Value No. n fj ft n 0 (Year) Wayne Stein, County Auditor by -~OcyS^ Deoutv/' yy— £>00 ^sJ7-o3Las‘ —% WARRANTY DEED OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify thatQ,^ccifiQ this instrument g ^ f OJOJ was filed^recorded in this office for record on thei?i?./iLday iy/>r 2005 at jLiZ^Wpm WendyL^etcali Cp“5^y Recorder , by:—nftpiiiy I C. Y. i9..^Ci / recording W f K 5Q O0 wp[i certificate JObns + ort L<av\y Minnesota Uniform Conveyancing Blanks (1978) Corporation to Corporation or Partnership STATE DEED TAX DUE HEREON: $990.00 Date: June 24, 2005 FOR VALUABLE CONSIDERATION, Parkers Prairie Area Development Association, Inc., a corporation under the laws of Minnesota, Grantor, hereby conveys and warrants to Urbank Machine, Inc., Grantee, a Corporation under the laws of Minnesota, real property in Otter Tail County, Minnesota, described as follows: See attached Exhibit A. together with all hereditaments and appurtenances belonging thereto. COUNTY OF OTTER TAIL STATE OF MINNESOTA ^ DEED TAX^DEEDTAXS number JLZ3L2^ DATE__£Ia52SZ ^ Affix Deed Tax Stamp Here PARKERS PRAIRIE AREA DEVELOPMENT ASSOCIA' G^g^M?Sivering Its President IN, INC. By_ regory A. Sponger^Gregory A. Springet Its Secretary Check here if all or part of land is registered (Torrens) STATE OF MINNESOTA COUNTY OF DOUGLAS ). ^ ) ss.)M The foregoing was acknowledged before me this 24th day of June, 2005, by George M. Revering and Gregory A. Springer, the President arid Secretary of Parkers Prairie Area Development Association, Inc., a corporation under the laws of Mmnesota^-on behalf of the corporation. , SCOTT T.JOHN8TON] InOIARY PUBUC-MWHESOtt; ' M/ Comm. Exp. Jan. 31,20101 Signtffure or Person^dking^^cknowledgment THIS INSTRUMENT WAS DRAFTED BY:Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): JOHNSTON LAW OFFICE SCOTT T. JOHNSTON, ATTORNEY AT LAW Urbank Machine, Inc. Easton Place, 510 22nd Avenue East #101 55783 118th Street PO Box 1218 Parkers Prairie, MN 56361 Alexandria, MN 56308-1218 File #04-243/LA/Parkers Prairie Area Development Association-Urbank Ntachine WD f, f f'j-pyu EXHIBIT A That part of Government Lot One (1) and the Northeast Quarter of the Northwest Quarter (NElNWj) all of Section Twenty-seven (27), Township One Hundred Thirty-one (131) North, Range Thirty-seven (37) West, Otter Tail County, Minnesota, described as follows: Commencing at the North Quarter corner of said Section Twenty-seven (27); thence on an assumed bearing of South 89*37*21" West along the North line of Section Twenty- seven (27) a distance of 920.6 feet to a point on the center line of State Highway 29, said point being on a 5729.40 foot radius highway curve, the center of said curve bears South 86*20*35" East from said point; thence southerly along said curve 396.32 feet, central angle 03*57*48"; thence South 89“37’21" West 425.02 feet; thence South 00*22*39" East 310.00 .feet to the point of beginning of the land to be described; thence North 89*37*21" East 357.92 feet to a point on a 5804.40 foot radius highway right-of-way curve, the center of circle of said curve bears North . 86*37 ’ 52"^. East from said to said curve, 296.00 feet to acres, more or the Northeast .11 ^ r - point; thence southerly along said right-of-way curve 296.91 feet, central angle 02*55*51"; thence South 89*37*21" West along a line not tangent 380.99 feet; thence North 00*22*39" West the point of beginning and containing 2.5 less; AND' That part of Government Lot One (1) and Quarter of the Northwest Quarter (N£ z.j. Twenty-seven (27), Township One Hundred Thirty-one (131) North, Range Thirty-seven (37) West, Otter Tail County, Minnesota, described as follows: Commencing at the North Quarter corner of said Section Twenty-seven (27); thence on an assumed bearing of South 89*37*21" West along !the North line of said Section Twenty-seven (27) a distance of 920.6 feet to a point on the center line of State Highway 29, said point being on a 5729.40 foot radius highway curve, the center of said curve bears South 86*20/35" East from said point; thence .southerly along said curve 396.32 feet, central angle 03*57*48"; thence South 89*37*21" West 425.02 feet; thence South 00*22*39" beginning the land to South 00*22*39" East 343.57 feet that land ' recorded in Book 397 thence North 89*25*00" East along feet to the westerly right-of-way thence North 07*04*00" West along of-way 266.66 feet; thence of-way line a distance of curve concave to the East feet and a central angle East 606.00 feet to the point of be described; thence continuing 89*37*21" West along a line 380.99 feet to the point of acres, more or less; to the North line of of Deeds, page 481; sa.id North line 420.59 of State Highway 29; said westerly right- northerly along said right- 77.68 feet on a tangential having a radius of 5804,40 of 00*46*01"; tlience South net tangent to said curve beginning, containing 3.15 OTTER TAIL COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING APPLICANT:City of Parkers Prairie PO Box 70 Parkers Prairie, MN 56361 HEARING DATE/LOCATION: May 13, 2015, 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): The City of Parkers Prairie is proposing to build a bituminous multi-purpose trail from the CSAH46/TH29 intersection to 118*^ Street. A portion of this trail is outside of the City limits and within 1000’ of Lake Adley therefore requiring a Conditional Use Permit. Properties involved with proposed project will be granting an easement to the City of Parkers Prairie. LAKE NAME/NUMBER/CLASS: Lake Adley (56-31), GD E-911 ADDRESS: NA (From 118*^ St. to 119*^ St.) LEGAL DESCRIPTION: State Hwy 29 right-of-way, pt GL1, pt NE1/4 NW1/4 & pt SI/2 NW1/4, Section 27 of Parkers Prairie 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. The above Applicant has made Application to the Otter Tail County Planning Commission for a Conditional Use Permit as per the requirements of the Shoreland Management Ordinance of Otter Tail County. Details of the Application are available for viewing at the Land & Resource Management Office, Government Services Center 540 West Fir, Fergus Falls, MN 56537. Any comments regarding this request may be expressed at the Hearing or mailed to the Land & Resource Management Office at the above address. INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING. Bert Olson Chairman Planning Commission April 29. 2015 Mailing Dat$_’ Interactive Land Viewer - Otter Tail County, MN - Bigger - Better - FASTER Page 1 of 1 Otter Tail County, MN - Interactive Laid Map (Parcels) Flex Viewer V2.5H Mote __■_Baaemao___ Topo ■‘if *5' Enhanced Se... 2010 Photo 2009 2008 2003 1992 2012 Fergus Falls 2007 Fergus Falls .IDljy LAKE 500 ft f C 49000270: http://www.ottertailcounty.net/flexviewers/land/3/31/2015 RCB3;0.M3 MSAMUELS- 3/31/2015 11:06:10 RECAP Collection System Inquiry - Legal/Parcel Location R R 49000270205005 2016 PART GL 1 & PART NEl/4 NWl/4 COM Nl/4 OF SEC 27 W 920.6' SLY ALONG CENTER LN HWY #29 396.32' W 425.02' S 310' TO BG E 357.92' TO HWY R/W SLY ALONG R/W CURVE 296.91' W 380.99' N 296' TO BG & PT GL 1 & PT NEl/4 NWl/4 COM Nl/4 COR SEC 27 W 920.6' SLY ALG CENTER LN HWY #29 396.32' W 425.02' S 606' TO BG S 343.57' E 420.59' N 7°W ALG HWY R/W 266.66' NLY 77.68' W 380.99' TO BG URBANK MACHINE INC Deeded Acres: Plat: Lot: Desc:Set: 27 Twn: X: .00 Y: 131 5.65 Blk: Rng: .00 Z: 037 .00 F3=Exit F12=Cancel Bottom RCB31.0JV13 MSAMUELS • 3/31/2015 10:47:27 R RECAP Collection SystemInquiry - Legal/Parcel Location R 49000270205007 2016 PT GL 1 COM Nl/4 COR SEC 27 W 920.6' SLY ALG CENTER LN HWY# 29 396.32' W 425.02' S 310' W 204' TO BG S 640.3' S 89 DEG W 517.66' N 38 DEG E 498.23' N 28 DEG E 254.13' N 6 DEG E 30.5' N 89 DEG E 80.56' TO BG BRADLEY & SHEENA SMITH Deeded Acres: Plat: Lot: Desc: Set: 27 Twn: X: .00 Y: 131 4.02 Blk: Rng: .00 Z: 037 ,00 F3=Exit F12=Cancel Bottom RCB310M3 MSAMUELS■ 3/31/2015 10:47:05 R RECAP Collection SystemInquiry - Legal/Parcel Location R 49000270205008 2016 PT GL 1 COM Nl/4 COR SEC 27 W 920.6' SLY ALG CENTER LN HWY# 29 396.32' W 425.02' S 310' TO BG S 639.57' S 89 DEG W 204'N 640.3' N 89 DEG E 204' TO BG KELLY W & PATRICIA M SIMONSON Deeded Acres: Plat: Lot: Desc: Set: 27 Twn: X: .00 Y: 131 3.00 Blk: Rng: .00 Z: 037 .00 F3=Exit F12=Cancel Bottom D RCB310M3 MSAMUELS ■ 3/31/2015 '10:45:50 RECAP Collection SystemInquiry - Legal/Parcel Location R R 49000270205010 2016 PT Sl/2 NWl/4 COM SW COR SEC 27 N 89°E 2230.6' TO CENTER LN ST HWY #29 N 7°W 4025' TO N LN Sl/2 NWl/4 S 89°W 75.46' TO BG S 7°E 66.4' S 89°W 1240' N 66’ N 89°E 1232.68’ TO BG PARKERS PRAIRIE TOWNSHIP Deeded Acres: Plat: Lot: Desc:Set: 27 Twn:X: .00 Y: 131 1.87 Blk: Rng: .00 Z: 037 .00 Bottom F3=Exit F12=Cancel STATE AID FOR LOCAL TRANSPORTATION WAIVER OF COMPENSATION (Donation) June 2007 WAIVER OF COMPENSATION (DONATION) S.P./S.A.P. No. 056-090-010 Parcel No. 49000270205005 Owner Urbank Machine. Inc. Address 55783 118*^ Street, Parkers Prairie. MN 56361 Design Tree Engineering c/o Jeremy Anderson, Parkers Prairie City Engineer 120 17'*^ Avenue West Alexandria, MN 56309 Dear Mr. Anderson: I am fully aware of the city’s need to acquire a strip of right of way (8,679 square feet or 0.199 acres) form my property for the above multi-use non-motorized trail project. I am also aware of my right to have the city appraise the property and of my right to receive just compensation. I have decided I wish to donate the right of way required from my property. I hereby waive my right to have my property appraised and waive my right to receive just compensation. ixx. —I f' ^ ^ ? ^ 1(2015 ^°««eso(jRcE Know all men by these presents, that the undersigned hereinafter called "Grantor", in consideration of the sum of One dollars ($_L00_) and other valuable consideration to them in hand paid, the receipt whereof is hereby acknowledged, do hereby grant unto the City of Parkers Prairie, a municipal corporation, its successors and assigns hereinafter called "Grantee", the perpetual right, privilege, title and easement to construct, operate and maintain a recreation trail for public pedestrian, bicycling and related uses upon and across the following described land located and situated in the County of Otter Tail, State of Minnesota, to wh: PERMANENT TRAIL EASEMENT See attached Exhibits reference. 'A" and “B” which is incorporated herein by Subject to easements, restrictions, and reservations of record. 1. The easement is established for pedestrian non-motorized recreational trail purposes, such as walking, hiking, jogging, running, snowshoeing, cross country skiing, and like activities. Should any question arise regarding the propriety of any use of the trail easement area, this easement shall be construed liberally in favor of such use; provided however, that the Grantee or its designee in its sole discretion, shall have the right to regulate or restrict uses (including but not limited to those specific uses listed above) which Grantee detennines to be unsafe or otherwise detrimental to the continued use and vitality of the recreational trail or the condition of the trail easement area. 2. The easement area shall consist of the propeity 12.5 feet on either side of the trail route line appearing on the attached Exhibits "A" and “B”. The trail itself will be a 14.00 foot wide bituminous surface located within the trail easement area. 3. The grant of easement herein contained shall include the right of Grantee to: a. Establish the recreational trail across, over and through the property at the locations indicated on the attached Exhibits "A" and “B” and the right to permit use of the recreational trail area by the general public. b. Lay out, survey, construct, develop, operate, maintain, identify, repair, remove or relocate a meandering trail path; to make topographical changes to the trail easement area for the necessity and convenience of locating the trail and to protect the trail easement area from erosion by the use of bridges, steps, water diversion structures or special trail surface eovers or other appropriate measures; to post signs marking the trail; and to manage vegetation through selective planting or removal of trees or exotic or nuisance plant species, in order to maintain and enhanee the scenic, natural and ecological value of the trail easement area. c. Inspect the trail easement area and to enforce the covenants of the Grantor and the rights of the Grantee by any action in law or in equity. The Grantee shall not waive or forfeit its right to take legal action to enforce this Agreement by any prior failure to act. d. The Grantor conveys to the Grantee, its employees, officers, and agents the right of ingress and egress from and to the trail easement area across the Grantors property for the purpose of constructing, developing, maintaining, managing and inspecting the trail. It is understood that field roads, roadways, passageways, and cartways will be utilized for such ingress and egress whenever possible and where such travel ways exist. The Grantor may provide a designated route to and from the trail easement area which the Grantee shall use if said route is reasonably convenient. e. The right to prohibit public access and use from time to time or to otherwise regulate said use as deemed necessary by Grantee through the use of signs or the installation of gates or other obstructions, and to limit access by or exclude the public by appropriate means from any portion of the trail easement area. Motor vehicles shall be prohibited, except vehicles in use by the Grantee for purposes permitted by this Agreement or for health and safety emergencies. 4. This easement shall be appurtenant to and run with the land in perpetuity, shall be binding upon the undersigned Grantors, their heirs, administrators, executors, successors, and assigns. IN WITNESS THEREOF, we have hereunto set our hands this 2>l dav of ,2015. \fP. ACKNOWLEDGEMENT STATE OF MINNESOTA COUNTY OF OTTER TAIL ) ss. On this Si day of M orcl^ , 2015, before me personally appeared 6r oFI k’oe-p Clhn,-i (kjur.nthe‘.r the and the Vkv of the Urbank Machine, Inc. to me known to be the persons named in and who executed the within and foregoing instrument, and acknowledged that (s)he executed the same as his/her voluntary act and deed. THIS INSTRUMENT WAS DRAFTED BY: Design Tree Engineering 120 17*'’ Avenue West Alexandria, MN 56308 ~t"n,Notaiy Public AAaa^c\aaaaaaaaaaaaaa\aa^aa<ww\^' . KIMBERLY SCHROEDER I Notary Public-Minnesota _ My Commission Expires Jan. 31,2020■^^^VVVVVWWVVVWVWVVVWVVVWW>/5 PROPOSED EASEMENT DESCRIPTION “A” PERMANENT EASEMENT A 25.00 foot wide easement for access and utility purposes over, under and across that part of Government Lot 1 and the Northeast Quarter of the Northwest Quarter all in Section 27, Township 131 North, Range 37 West, Otter Tail County, Minnesota, being 12.5 feet on either side of the centerline described as follows: Commencing at the North Quarter corner of said Section 27; thence South 89 degrees 37 minutes 21 seconds West, assumed bearing along the north line of said Section 27, 920.60 feet to a point on the centerline of State Highway 29, said point being on a 5729.40 foot radius highway curve, the center of said curve bears South 86 degrees 20 minutes 35 seconds East from said point; thence southerly along said curve 396.32 feet, a central angle of 03 degrees 57 minutes 48 seconds; thence South 89 degrees 37 minutes 21 seconds West, 425.02 feet; thence South 00 degrees 22 minutes 39 seconds East, 310.00 feet; thence South 89 degrees 37 minutes 21 seconds West, 284.77 feet to the east line of the parcel described and recorded in Book 405, Page 37 of Deeds; thence South 06 degrees 56 minutes 00 seconds West along said east line, 30.50 feet; thence South 28 degrees 13 minutes 00 seconds West along said east line, 9.82 feet to the point of beginning of the centerline to be described; thence easterly along a non-tangential curve, concave to the south having a radius of 90.00 feet, a central angle of 34 degrees 38 minutes 39 seconds, a chord distance of 53.59 feet and a chord bearing of North 72 degrees 18 minutes 51 seconds East; thence North 89 degrees 38 minutes 11 seconds East, tangent to the last described curve, a distance of 523.91 feet; thence northeasterly a distance of 88.83 feet along tangential curve, concave to the northwest having a radius of 90.00 feet and a central angle of 56 degrees 33 minutes 11 seconds to the west right of way line of State Highway 29 and terminating thereat. Sidelines of said easement shall be prolonged or shortened to terminate at the west right of way line of State Highway 29 and the east line of parcel described and recorded in Book 405, Page 37 of Deeds. TEMPORARY EASEMENTS That part of Government Lot 1 and the Northeast Quarter of the Northwest Quarter all in Section 27, Township 131 North, Range 37 West, Otter Tail County, Minnesota, described as follows: Commencing at the North Quarter corner of said Section 27; thence South 89 degrees 37 minutes 21 seconds West, assumed bearing along the north line of said Section 27, 920.60 feet to a point on the centerline of State Highway 29, said point being on a 5729.40 foot radius highway curve, the center of said curve bears South 86 degrees 20 minutes 35 seconds East from said point; thence southerly along said curve 396.32 feet, a central angle of 03 degrees 57 minutes 48 seconds; thence South 89 degrees 37 minutes 21 seconds West, 425.02 feet; thence South 00 degrees 22 minutes 39 seconds East, 345.49 feet to the point of beginning; thence continuing South 00 degrees 22 minutes 39 seconds East 14.89 feet; thence North 89 degrees 38 minutes 11 seconds East, 360.63 feet; to the west right of way line of State Highway 29; thence North 03 degrees 50 minutes 51 seconds West, 14.92 feet to the intersection of a line that bears North 89 degrees 38 minutes 11 seconds East from the point of beginning; thence South 89 degrees 38 minutes 11 seconds West, 359.72 feet to the point of beginning. TEMPORARY EASEMENTS That part of Government Lot 1, Section 27, Township 131 North, Range 37 West, Otter Tail County, Minnesota, described as follows: Commencing at the North Quarter corner of said Section 27; thence South 89 degrees 37 minutes 21 seconds West, assumed bearing along the north line of said Section 27, 920.6 feet to a point on the centerline of State Highway 29, said point being on a 5729.40 foot radius highway curve, the center of said curve bears South 86 degrees 20 minutes 35 seconds East from said point; thence southerly along said curve 396.32 feet, a central angle of 03 degrees 57 minutes 48 seconds; thence South 89 degrees 37 minutes 21 seconds West, 425.02 feet; thence South 00 degrees 22 minutes 39 seconds East, 310.00 feet; thence South 89 degrees 37 minutes 21 seconds West, 284.77 feet to the east line of the parcel described and recorded in Book 405, Page 37 of Deeds; thence South 06 degrees 56 minutes 00 seconds West along said east line, 30.50 feet; thence South 28 degrees 13 minutes 00 seconds West along said east line, 9.82 feet to the point of beginning; thence continuing South 28 degrees 13 minutes 00 seconds West along said east line, 215.86 feet; thence South 61 degrees 47 minutes 00 seconds East, 15.00 feet; thence North 28 degrees 13 minutes 00 seconds East, 216.83 feet; thence North 65 degrees 29 minutes 27 seconds West, 15.03 feet to the point of beginning. TEMPORARY CONSTRUCTION EASEMENT KNOW ATT. MEN BY THESE PRESENTS, that the undersigned, hereinafter called the "Grantor", in consideration of the sum of One doUar ('$1.001 and other valuable consideration to them in hand paid, the receipt whereof is hereby acknowledged, do hereby grant unto the City of Parkers Prairie, a municipal corporation, hereinafter called "Grantee", the temporary right, privilege and easement to enter upon, survey, store and stockpile equipment, dirt and miscellaneous supplies upon, and to construct and do all things necessary thereon to facilitate the construction of a recreational bituminous trail Stockpiling and storage of dirt, equipment and supplies shall be allowed only for a reasonable time before and after construction immediately adjacent to the premises. The temporary easement to be on land located in Otter Tail Cormty, Minnesota, said temporary easement being more particularly described as follows: See attached Exhibits "A" and “B” which is incorporated herein by reference. Subject to casements, restrictions, and reservations of record. Grantee intends to make every effort to avoid damage or removal of trees or shrubs. However should any trees or shrubs be damaged or removed. Grantor shall be entitled to have the damaged or removed property replaced and Grantor hereby waives any claim for damages in excess of the replacement of such damaged or removed property. As ftuther consideration for the granting of this easement. Grantee shall, upon completion of construction, restore the easement area to its condition prior to construction, said restoration to include, if necessary, reseeding and replacement of trees, shrubs, driveways, walkways and fences, except that growing crops or gardens shall not be replaced. Grantor agrees not to use said land for any purpose which will interfere with the rights herewith granted to Grantee for the duration of the easement. This easement shall continue in effect until November 1, 2016, except tbat should construction of such project be delayed beyond said date, the easement shall remain in effect until the completion of said underground sanitary sewer system is certified to by the Grantee. This easement shall be binding upon the undersigned Grantor, thek heks, administrators, executors and assigns. IN 'WITNESS WHEREOF, we have hereimto set our hands this_____/_____day of /roVl / ,20±T sems PROPOSED EASEMENT DESCRIPTION “A” PERMANENT EASEMENT A 25.00 foot wide easement for access and utility purposes over, under and across that part of Government Lot 1 and the Northeast Quarter of the Northwest Quarter all in Section 27, Township 131 North, Range 37 West, Otter Tail County, Minnesota, being 12.5 feet on either side of the centerline described as follows; Commencing at the North Quarter corner of said Section 27; thence South 89 degrees 37 minutes 21 seconds West, assumed bearing along the north line of said Section 27, 920.60 feet to a point on the centerline of State Highway 29, said point being on a 5729.40 foot radius highway curve, the center of said curve bears South 86 degrees 20 minutes 35 seconds East from said point; thence southerly along said curve 396.32 feet, a central angle of 03 degrees 57 minutes 48 seconds; thence South 89 degrees 37 minutes 21 seconds West, 425.02 feet; thence South 00 degrees 22 minutes 39 seconds East, 310.00 feet; thence South 89 degrees 37 minutes 21 seconds West, 284.77 feet to the east line of the parcel described and recorded in Book 405, Page 37 of Deeds; thence South 06 degrees 56 minutes 00 seconds West along said east line, 30.50 feet; thence South 28 degrees 13 minutes 00 seconds West along said east line, 9.82 feet to the point of beginning of the centerline to be described; thence easterly along a non-tangential curve, concave to the south having a radius of 90.00 feet, a central angle of 34 degrees 38 minutes 39 seconds, a chord distance of 53.59 feet and a chord bearing of North 72 degrees 18 minutes 51 seconds East; thence North 89 degrees 38 minutes 11 seconds East, tangent to the last described curve, a distance of 523.91 feet; thence northeasterly a distance of 88.83 feet along tangential curve, concave to the northwest having a radius of 90.00 feet and a central angle of 56 degrees 33 minutes 11 seconds to the west right of way line of State Highway 29 and terminating thereat. Sidelines of said easement shall be prolonged or shortened to terminate at the west right of way line of State Highway 29 and the east line of parcel described and recorded in Book 405, Page 37 of Deeds. TEMPORARY EASEMENTS That part of Government Lot 1 and the Northeast Quarter of the Northwest Quarter all in Section 27, Township 131 North, Range 37 West, Otter Tail County, Minnesota, described as follows: Commencing at the North Quarter corner of said Section 27; thence South 89 degrees 37 minutes 21 seconds West, assumed bearing along the north line of said Section 27, 920.60 feet to a point on the centerline of State Highway 29, said point being on a 5729.40 foot radius highway curve, the center of said curve bears South 86 degrees 20 minutes 35 seconds East from said point; thence southerly along said curve 396.32 feet, a central angle of 03 degrees 57 minutes 48 seconds; thence South 89 degrees 37 minutes 21 seconds West, 425.02 feet; thence South 00 degrees 22 minutes 39 seconds East, 345.49 feet to the point of beginning; thence continuing South 00 degrees 22 minutes 39 seconds East 14.89 feet; thence North 89 degrees 38 minutes 11 seconds East, 360.63 feet; to the west right of way line of State Highway 29; thence North 03 degrees 50 minutes 51 seconds West, 14.92 feet to the intersection of a line that bears North 89 degrees 38 minutes 11 seconds East from the point of beginning; thence South 89 degrees 38 minutes 11 seconds West, 359.72 feet to the point of beginning. TEMPORARY EASEMENTS That part of Government Lot 1, Section 27, Township 131 North, Range 37 West, Otter Tail County, Minnesota, described as follows: Commencing at the North Quarter corner of said Section 27; thence South 89 degrees 37 minutes 21 seconds West, assumed bearing along the north line of said Section 27, 920.6 feet to a point on the centerline of State Highway 29, said point being on a 5729.40 foot radius highway curve, the center of said curve bears South 86 degrees 20 minutes 35 seconds East from said point; thence southerly along said curve 396.32 feet, a central angle of 03 degrees 57 minutes 48 seconds; thence South 89 degrees 37 minutes 21 seconds West, 425.02 feet; thence South 00 degrees 22 minutes 39 seconds East, 310.00 feet; thence South 89 degrees 37 minutes 21 seconds West, 284.77 feet to the east line of the parcel described and recorded in Book 405, Page 37 of Deeds; thence South 06 degrees 56 minutes 00 seconds West along said east line, 30.50 feet; thence South 28 degrees 13 minutes 00 seconds West along said east line, 9.82 feet to the point of beginning; thence continuing South 28 degrees 13 minutes 00 seconds West along said east line, 215.86 feet; thence South 61 degrees 47 minutes 00 seconds East, 15.00 feet; thence North 28 degrees 13 minutes 00 seconds East, 216.83 feet; thence North 65 degrees 29 minutes 27 seconds West, 15.03 feet to the point of beginning. EASEMENT EXHIBIT "B”.S89* 3723 W 920.60 BOOK 405. PAGE 37 OF OEi POINT OF BEGINNING PERMANENT EASEMENT ky// S6V 4r 00"E ^5.00 __________ 111 PREPARED FOR: Desiffn Tree 1 1 !CITY OF PARKERSL_ i PRAIRIE, MN ?■ .. Tj ry STATE AID FOR LOCAL TRANSPORTATION WAIVER OF COMPENSATION (Donation) June 2007 WAIVER OF COMPENSATION (DONATION) S.P./S.A.P. No. 056-090-010 Parcel No. 49000270205008 Owner Kelly & Patricia Simonson Address 55685 118"^ Street, Parkers Prairie, MN 56361 Design Tree Engineering c/o Jeremy Anderson, Parkers Prairie City Engineer120 17*^ Avenue West Alexandria, MN 56309 Dear Mr. Anderson: I am fully aware of the city’s need to acquire a strip of right of way (5,105 square feet or 0.117 acres) form my property for the above multi-use non-motorized trail project. I am also aware of my right to have the city appraise the property and of my right to receive just compensation. I have decided I wish to donate the right of way required from my property. I hereby waive my right to have my property appraised and waive my right to receive just compensation. RECEfVEC) ^ 14 20B resource Know all men by these presents, that the undersigned hereinafter called "Grantor", in consideration of the sum of One dollars ($ 1.00 'I and other valuable consideration to them in hand paid, the receipt whereof is hereby acknowledged, do hereby grant unto the City of Parkers Prairie, a municipal corporation, its successors and assigns hereinafter called "Grantee", the perpetual right, privilege, title and easement to construct, operate and maintain a recreation trail for public pedestrian, bicycling and related uses upon and across the following described land located and situated in the County of Otter Tail, State of Minnesota, to wit: PERMANENT TRAIL EASEMENT See attached Exhibits reference. 'A" and “B” which is incorporated herein by Subject to easements, restrictions, and reservations of record. 1. The easement is established for pedestrian non-motorized recreational trail purposes, such as walking, hiking, jogging, running, snowshoeing, cross country skiing, and like activities. Should any question arise regarding the propriety of any use of the trail easement area, this easement shall be construed liberally in favor of such use; provided however, that the Grantee or its designee in its sole discretion, shall have the right to regulate or restrict uses (including but not limited to those specific uses listed above) which Grantee determines to be unsafe or otherwise detrimental to the continued use and vitality of the recreational trail or the condition of the trail easement area. 2. The easement area shall consist of the propeily 12.5 feet on either side of the trail route line appearing on the attached Exhibits "A" and “B”. The trail itself will be a 14.00 foot wide bituminous surface located within the trail easement area. 3. The grant of easement herein contained shall include the right of Grantee to: a. Establish the recreational trail across, over and through the property at the locations indicated on the attached Exhibits "A" and “B” and the right to permit use of the recreational trail area by the general public. b. Lay out, survey, construct, develop, operate, maintain, identify, repair, remove or relocate a meandering trail path; to make topographical changes to the trail easement area for the D necessity and convenience of locating the trail and to protect the trail easement area from erosion by the use of bridges, steps, water diversion structures or special trail surface covers or other appropriate measures; to post signs marking the trail; and to manage vegetation through selective planting or removal of trees or exotic or nuisance plant species, in order to maintain and enhance the scenic, natural and ecological value of the trail easement area. c. Inspect the trail easement area and to enforce the covenants of the Grantor and the rights of the Grantee by any action in law or in equity. The Grantee shall not waive or forfeit its right to take legal action to enforce this Agreement by any prior failure to act. d. The Grantor conveys to the Grantee, its employees, officers, and agents the right of ingress and egress from and to the trail easement area across the Grantors property for the purpose of constructing, developing, maintaining, managing and inspecting the trail. It is understood that field roads, roadways, passageways, and cartways will be utilized for such ingress and egress whenever possible and where such travel ways exist. The Grantor may provide a designated route to and from the trail easement area which the Grantee shall use if said route is reasonably convenient. e. The right to prohibit public access and use from time to time or to otherwise regulate said use as deemed necessary by Grantee through the use of signs or the installation of gates or other obstructions, and to limit access by or exclude the public by appropriate means from any portion of the trail easement area. Motor vehicles shall be prohibited, except vehicles in use by the Grantee for purposes permitted by this Agreement or for health and safety emergencies. 4. This easement shall be appurtenant to and run with the land in perpetuity, shall be binding upon the undersigned Grantors, their heirs, administrators, executors, successors, and assigns. IN WITNESS THEREOF, we have hereunto set oin hands this ^ day of ^fljrcK ,2015. ACKNOWLEDGEMENT STATE OF MINNESOTA COUNTY OF OTTER TAIL ) ) ss. ) On this -^.QJbn'CA'o. day of . 2015, before me personally appeared_ Kg-II<Y ^mon.Son husband and wife/single to me known to be the persons named in and who executed the within and foregoing instrument, and acknowledged that {s)he executed the same as his/her voluntary act and deed. THIS INSTRUMENT WAS DRAFTED BY: Design Tree Engineering 120 17”’ Avenue West Alexandria, MN 56308 N^t^Publifl/ ■AAAAAAAAAAAAA^AAAAAAA^A/wW^\^AA^|I KIMBERLY SCHROEOER f I Notary Public-Minnesota < ' My Commission Expires Jan. 31.2020 ^ * ' - - PROPOSED EASEMENT DESCRIPTION “A” A 25.00 foot wide easement for access and utility purposes over, under and across that part of Government Lot 1 and the Northeast Quarter of the Northwest Quarter ali in Section 27, Township 131 North, Range 37 West, Otter Tail County, Minnesota, being 12.5 feet on either side of the centerline described as follows: Commencing at the North Quarter corner of said Section 27; thence South 89 degrees 37 minutes 21 seconds West, assumed bearing along the north line of said Section 27, 920.6 feet to a point on the centerline of State Highway 29, said point being on a 5729.40 foot radius highway curve, the center of said curve bears South 86 degrees 20 minutes 35 seconds East from said point; thence southerly along said curve 396.32 feet, a central angle of 03 degrees 57 minutes 48 seconds; thence South 89 degrees 37 minutes 21 seconds West, 425,02 feet; thence South 00 degrees 22 minutes 39 seconds East, 310.00 feet; thence South 89 degrees 37 minutes 21 seconds West, 284.77 feet to the east iine of the parcel described and recorded in Book 405, Page 37 of Deeds; thence South 06 degrees 56 minutes 00 seconds West along said east line, 30.50 feet; thence South 28 degrees 13 minutes 00 seconds West along said east line, 9.82 feet to the point of beginning of the centerline to be described; thence easterly along a non-tangential curve, concave to the south having a radius of 90.00 feet, a central angle of 34 degrees 38 minutes 39 seconds, a chord distance of 53.59 feet and a chord bearing of North 72 degrees 18 minutes 51 seconds East; thence North 89 degrees 38 minutes 11 seconds East, tangent to the last described curve, a distance of 523.91 feet; thence northeasterly a distance of 88.83 feet along tangential curve, concave to the northwest having a radius of 90,00 feet and a central angle of 56 degrees 33 minutes 11 seconds to the west right of way line of State Highway 29 and terminating thereat. Sidelines of said easement shall be prolonged or shortened to terminate at the west right of way line of State Highway 29 and the east line of parcel described and recorded in Book 405, Page 37 of Deeds. 4..'V LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY, GOVERNMENT SERVICES CENTER, FERGUS FALLS, MN 56537 STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL ) I, Marsha Bowman, duly appointed and Acting Secretary of the Otter Tail County Plani^^^mmiss^^fai^tter Tail County, Minnesota, do hereby certify that on the.2015, the attached Notice of Hearing and was duly served upon the following: County Sheriff County Highway Engineer Courthouse v^ame Envelope Otter Tail COLA, PO Box 53, Ottertail City, MN 56571 MPCA, 714 Lake Ave., Suite 220, Detroit Lakes, MN 56501 DNR, Julie Aadland, Div. Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537 Shawn Donais, DNR, Trails & Waterways Jim Welters, DNR, Div. of Fisheries Doug Hedtke, DNR, Div. of Wildlife —■ Planning Commission Members (The above receive aU Notices) Lake Improvement District (if project is located on their lake, maHfJoticSsto the Lake Improygmeftf District) Big McDonald: Big McDonaldJ,>tk€lmprovement Dist., PO,Bcr!r8T Dent, MN 565^ Devils (Near PerhamV/'’"’^vils Lake Imp. DisLj,%d^ana M Nelson, 40631 Aero^la Rd, Perham, MN 56573-i Little McDonaldjJ*<€ms & Paul: LMKPj,j4c€sknp. Dist., PO Box 133r'P^am, MN 56573 Little Pine^r^ Pine: PineJ,ak€^mp. Dist., PO Box 405.,-f3^am, MN 56573 Peliparffpish, Bass & Utils-P'^an: Pelican Lake Grojp^^e Imp. Dist., %Fred Man Otoson RD, Detroit Lakes MN 56501 south Turtle Lake: '^outh Turtle Lake Imp. Dist/%Bricker & Janet Johnsen, 327§C hore Ln, Underwood, MN 56586 i^^^y ClerlT^ located within 2 miles of a city) yr^^^DOT Dist. Offi^ 1000 Hwy 10 W, Detroit Lakes, MN 56501 (if located on a State or Fed Hwy) A^acent County Zoning Administrator (If the County is in the “Buffer) - check their website for name/address B^ker Cqunly-AtJdTtortnQti^ in addJtiooJo-thgtrZDsipq AdministcateH'^^^'gHecirtheir^wStesite for name/addreea— Per BK, do not notify individuals within a City Limit Towns arWrUi Township Clei^^al54^^^i^<^‘!^^*t)t(,^s^eyor (if a'^ipropriate), ose listed on the mtached she^trrrr-—— by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and by depositing them in the U.S. Mail at Fergus Falls, MN, properly addressed to each of the above named at the addresses shown above Secretary If parcel ovwier is "USA", mail to Fish & Wildlife Service, 18965 Co. H\wy 82, Fergus Falls, MN 56537 If parcel owner is “DNR”, ignore as they are receiving a notice as stated above If parcel owner is “St. of MN. 375 Centennial Bldg. Spec Asst, to Atty General St. Paul, MN “, mail to DNR Lands & Minerals 2115 Birchmont Beach Rd NE Bemidji, MN 56601 PC Affidavit 02-2015 '~Vwt 120 n'^" Av^ o Af\-^vrc^vvxjl/-icv, io -^ILyrO PLAWNme-COMMISSiON NOTIFICATION WORKSHEET[(1/4 Mile (1320’))or Conditional Use Apps / >2 Mile (2640') for Preliminary Plats) Applicant: fiihh y Pjukiiyj r/uLi\j'j^ Lake; Assigned To Return By: Meeting Date: Pku^ /3, ^016 Date Assigned: Completed: *Township I County Roads: Sherry (GIS) will get map, listing, labels (she has an advanced mapping system), unless it is adjacent to the parcel(s) that run the length of the road project. Be sure to list the road name(s) and the parcel number(s) involved with the project on this sheet. Townships / Sections / Plats: mAMiU. 'fkcuMjJ 4^&0OS'?6^O5'O^)t> it f {Ml, ^(D \^JUo /mjj- (^yUxOlMK) // ^ ( /) /)! IQ/9D O UJ .YkA^Oujul'uJio. vUiMAJ rJlculuj, Uhl1/^ vhfhijbut^ "^/cOuAxJLj \jUj^ 0)^ PCrWorksheet Notification 03/08 C C.: C # Buffer Parcel Data PIN Sec Leg Twp Leg Rng Sort Name Name 2 H Nbr Street City St Country Zips Zip4 49000220144000 22 131 037 KLIMEK,JAMES & CAROL ANN 123 DOGWOOD LN PARKERS PRAIRIE MN 56361 4518 49000220144004 22 131 037 DATA VIDEO SYSTEMS INC PARKERS PRAIRIE MN 56361 0045 49000220144005 22 131 037 SHIRCLIFFJAMES D III & LAURA 302 REVERING ST PARKERS PRAIRIE MN 56361 8165 49000220156001 22 131 037 NORTHWOOD SPECIALTY CO ATTN JAYDIEBOLD 7298 EAST LAKE CARLOS DR NE CARLOS MN 56319 8113 49000220156002 22 131 037 GAPPA,RICHARD & DEBORA K PARKERS PRAIRIE MN 56361 0345 49000220157000 22 131 037 SCHMITZ,DANIEL E & SHANNON M 3504 W LAKE JESSIE DR SE ALEXANDRIA MN 56308 7954 49000220158000 22 131 037 CHRISTIANSEN,KAREN M 12003 STATE HIGHWAY 29 PARKERS PRAIRIE MN 56361 4528 49000220163000 22 131 037 DODDS,TROY & CHERYL 11952 STATE HIGHWAY 29 PARKERS PRAIRIE MN 56361 4527 49000220163001 22 131 037 JAHNKE,MICHAEL L & DEBRA L 15632 545TH AVE PARKERS PRAIRIE MN 56361 4678 49000270199000 27 131 037 HENRY,DELROSE & THOMAS 11499 STATE HIGHWAY 29 PARKERS PRAIRIE MN 56361 4524 49000270203000 27 131 037 NEWBERG,KENDRAJO 11973 STATE HIGHWAY 29 PARKERS PRAIRIE MN 56361 4527 49000270203001 27 131 037 HELGESON,MARK & BARBARA 11941 STATE HIGHWAY 29 PARKERS PRAIRIE MN 56361 4527 49000270203002 27 131 037 CAAUWE,RAYMOND & KATHERINE MAE 123 OTTER AVE S PARKERS PRAIRIE MN 56361 0074 49000270204001 27 131 037 BUELUKATHERINE ETAL 3902 COUNTY ROAD 137 MOOSE LAKE MN 55767 9235 49000270204002 27 131 037 POOLER,MARVIN F & MARLENE J 11697 COUNTRYSIDE DR PARKERS PRAIRIE MN 56361 4953 49000270204003 27 131 037 FARM BOYS LLC PARKERS PRAIRIE MN 56361 0048 49000270204005 27 131 037 HOLT,JOHN D & KARIN 1 11639 STATE HIGHWAY 29 PARKERS PRAIRIE MN 56361 4525 Buffer Parcel Data / . PIN Sec Leg i Twp Leg Rng Sort Name Name 2 H Nbr Street City St Country Zips j Zip4 49000270204006 27 131 037 KALPIN,ROBERT J & JOANNE E 11797 COUNTRYSIDE DR PARKERS PRAIRIE MN 56361 4532 49000270204007 27 131 037 SILBERNICKJEFFREYM 11746 COUNTRYSIDE DR PARKERS PRAIRIE MN 56361 4532 49000270204008 27 131 037 EGGERT,DEREK S & HANNAH HANSON 11749 COUNTRYSIDE DR PARKERS PRAIRIE MN 56361 4532 49000270204009 27 131 037 URAN,RODNEYA&JODI M 11609 STATE HIGHWAY 29 PARKERS PRAIRIE MN 56361 4525 49000270204010 27 131 037 KBJ INVESTMENT PARTNERSHIP LLP 1405 N NOKOMISSTNE ALEXANDRIA MN 56308 5034 49000270204011 27 131 037 ELLSWORTH,JAY A & TAMARA M 11691 COUNTRYSIDE DR PARKERS PRAIRIE MN 56361 4953 49000270205000 27 131 037 DODDSJROY & CHERYL 11952 STATE HIGHWAY 29 PARKERS PRAIRIE MN 56361 4527 49000270205001 27 131 037 CITY OF PARKERS PRAIRIE PARKERS PRAIRIE MN 56361 0070 49000270205002 27 131 037 CITY OF PARKERS PRAIRIE PARKERS PRAIRIE MN 56361 0070 49000270205003 27 131 037 JAHNKE,MICHAEL L & DEBRA L 15632 545TH AVE PARKERS PRAIRIE MN 56361 4678 49000270205004 27 131 037 MALMGREN JIMOTHY & JOYCE 55754 119TH ST PARKERS PRAIRIE MN 56361 4531 49000270205005 27 131 037 URBANK MACHINE INC 55783 118TH ST PARKERS PRAIRIE MN 56361 4530 49000270205007 27 131 037 SMITH,BRADLEY & SHEENA 55673 118TH ST PARKERS PRAIRIE MN 56361 4529 49000270205008 27 131 037 SIMONSON,KELLY W & PATRICIA M 55685 118TH ST PARKERS PRAIRIE MN 56361 4529 49000270205009 27 131 037 BROWN,MARLENE A 55700 119TH ST PARKERS PRAIRIE MN 56361 4531 49000270205010 27 131 037 PARKERS PRAIRIE TOWNSHIP ATTN EUGENE PAYNE PARKERS PRAIRIE MN 56361 0113 49000270205803 27 131 037 GAPPA,RICHARD & DEBORA K PARKERS MN 56361 0345 Buffer Parcel Data PIN Sec Leg Twp Leg Rng Sort Name Name 2 H Nbr Street City St Country Zips Zip4 PRAIRIE 49000280208000 28 131 037 HEMMERLIN,RALPH J & JUDITH A 55766 108TH ST PARKERS PRAIRIE MN 56361 4812 49000280214000 28 131 037 POOLER,MARVIN F & MARLENE J 11697 COUNTRYSIDE DR PARKERS PRAIRIE MN 56361 4953 49000280214001 28 131 037 CITY OF PARKERS PRAIRIE PARKERS PRAIRIE MN 56361 0070 49000990332000 27 131 037 BUELL,KATHERINE ETAL 3902 COUNTY ROAD 137 MOOSE LAKE MN 55767 9235 49000990333000 28 131 037 ECKEL,JAY D & STEPHANIE A 35787 145TH AVE EAGLE BEND MN 56446 9818 49000990334000 28 131 037 OLSON,SHIRLEYA 1460 MARIGOLD DRS CAMBRIDGE MN 55008 3745 49000990335000 28 131 037 NEEL,SHIRLEY 9425 56TH ST SE #3 SHOHOMISH WA 98290 49000990337000 27 131 037 TO THE PUBLIC 75000990452000 22 REVERING GROUP LLC PARKERS PRAIRIE MN 56361 0027 75000990453000 22 POWERS,RICHARD G JR & TANYA A 432 OVERLOOK DR ELLSWORTH Wl 54011 5149 75000990454000 22 KIES,PAUL & KRISTIE 405 BENZINGER LN PARKERS PRAIRIE MN 56361 8185 75000990455000 22 KOEP,THOMAS & REBECCA 407 BENZINGER LN PARKERS PRAIRIE MN 56361 8185 75000990456000 22 WOODWORTH,ANTHONY D & TONYA M 409 BENZINGER LN PARKERS PRAIRIE MN 56361 8172 75000990459000 22 REVERING,GEORGE M & JOYCE C PARKERS PRAIRIE MN 56361 0027 75000990461000 22 WILLIAMS,LESTER W &. LORETTA E ATTN LANA WILLIAMS 2000 /AVENUE OF THE STARS LOS ANGELES CA 90067 4700 75000990462000 22 WILLIAMS,LESTER W 8t LORETTA E ATTN LANA WILLIAMS 2000 AVENUE OF THE STARS LOS ANGELES CA 90067 4700 75000990463000 22 BENZINGER,JOYCE A 410 BENZINGER LN PARKERS PRAIRIE MN 56361 8185 75000990464000 22 TO THE PUBLIC ROW Mail Data Sort Name Name 2 StAddr AddrZ 1 CSZ 1 BENZINGER,JOYCE A 410 BENZINGER LN PARKERS PRAIRIE MN 56361 8185 BROWN,MARLENE A 55700 119TH ST PARKERS PRAIRIE MN 56361^531 BUELL,KATHERINE ETAL 3902 COUNTY ROAD 137 MOOSE LAKE MN 55767 9235 ^ CAAUWE,RAYMOND & KATHERINE MAE 123 OTTER AVE S PO BOX 74 PARKERS PRAIRIE MN 56361 0074 CHRISTIANSEN,KAREN M 12003 STATE HIGHWAY 29 PARKERS PRAIRIE MN 56361-4528 CITY OF PARKERS PRAIRIE PO BOX 70 PARKERS PRAIRIE MN 56361.6670 \ \\ -r /,- DATA VIDEO SYSTEMS INC PO BOX 45 PARKERS PRAIRIE MN 56361-0045 DODDS,TROY & CHERYL 11952 STATE HIGHWAY 29 PARKERS PRAIRIE MN 56361 4527 ECKEL,JAY D & STEPHANIE A 35787 145TH AVE EAGLE BEND MN 56446 9818 EGGERT,DEREK S & HANNAH HANSON 11749 COUNTRYSIDE DR PARKERS PRAIRIE MN 56361 4532 ELLSWORTH,JAY A & TAMARA M 11691 COUNTRYSIDE DR PARKERS PRAIRIE MN 56361 4953 FARM BOYS LLC PO BOX 48 PARKERS PRAIRIE MN 56361 0048 GAPPA,RICHARD & DEBORA K PO BOX 345 PARKERS PRAIRIE MN 56361 0345 HELGESON,MARK & BARBARA 11941 STATE HIGHWAY 29 PARKERS PRAIRIE MN 56361 4527 HEMMERLIN,RALPH J & JUDITH A 55766 108TH ST PARKERS PRAIRIE MN 56361 4812 HENRY,DELROSE & THOMAS 11499 STATE HIGHWAY 29 PARKERS PRAIRIE MN 56361 4524 HOLT,JOHN D & KARIN 1 11639 STATE HIGHWAY 29 PARKERS PRAIRIE MN 56361 4525 JAHNKE,MICHAEL L & DEBRA L 15632 545TH AVE PARKERS PRAIRIE MN 56361 4678 KALPIN,ROBERT J & JOANNE E 11797 COUNTRYSIDE DR PARKERS PRAIRIE MN 56361 4532 KBJ INVESTMENT PARTNERSHIP LLP 1405 N NOKOMISSTNE ALEXANDRIA MN 56308 5034 KIES,PAUL& KRISTIE 405 BENZINGER LN PARKERS PRAIRIE MN 56361 8185 KLIMEK,JAMES & CAROL ANN 123 DOGWOOD LN PARKERS PRAIRIE MN 56361 4518 KOEP,THOMAS & REBECCA 407 BENZINGER LN PARKERS PRAIRIE MN 56361 8185 MALMGREN,TIMOTHY & JOYCE 55754 119TH ST PARKERS PRAIRIE MN 56361 4531 NEEL,SH1RLEY 9425 56TH ST SE #3 SHOHOMISH WA 98290 NEWBERG,KENDRAJO 11973 STATE HIGHWAY 29 PARKERS PRAIRIE MN 56361 4527 NORTHWOOD SPECIALTY CO ATTN JAYDIEBOLD 7298 EAST LAKE CARLOS DR NE CARLOS MN 56319 8113 OLSON,SHIRLEYA 1460 MARIGOLD DR S CAMBRIDGE MN 55008 3745 PARKERS PRAIRIE TOWNSHIP ATTN EUGENE PAYNE PO BOX 113 PARKERS PRAIRIE MN 56361 0113 POOLER,MARVIN F & MARLENE J 11697 COUNTRYSIDE DR PARKERS PRAIRIE MN 56361 4953 Mail Data ' Sort Name Name 2 StAddr 1 Addr2 |csz [POWERS,RICHARD G JR & TANYA A 432 OVERLOOK DR ELLSWORTH Wl 54011 5149 REVERING GROUP LLC PO BOX 27 PARKERS PRAIRIE MN 56361 0027 REVERING,GEORGE M & JOYCE C PO BOX 27 PARKERS PRAIRIE MN 56361 0027 SCHMITZ,DANIEL E & SHANNON M 3504 W LAKE JESSIE DR SE ALEXANDRIA MN 56308 7954 SHIRCL1FF,JAMES D III & LAURA 302 REVERING ST PARKERS PRAIRIE MN 56361 8165 SILBERNICK,JEFFREYM 11746 COUNTRYSIDE DR PARKERS PRAIRIE MN 56361 4532 SIMONSON,KELLY W & PATRICIA M 55685 118TH ST PARKERS PRAIRIE MN 56361 4529 SMITH,BRADLEY & SHEENA 55673 118TH ST PARKERS PRAIRIE MN 56361 4529 URAN,RODNEYA&JODI M 11609 STATE HIGHWAY 29 PARKERS PRAIRIE MN 56361 4525 URBANK MACHINE INC 55783 118TH ST PARKERS PRAIRIE MN 56361 4530 WILLIAMS,LESTER W & LORETTA E ATTN LANA WILLIAMS 2000 AVENUE OF THE STARS LOS ANGELES CA 90067 4700 WOODWORTH,ANTHONY D & TONYA M 409 BENZINGER LN PARKERS PRAIRIE MN 56361 8172 (I STATE AID FOR LOCAL TRANSPORTATION WAIVER OF COMPENSATION (Donation) June 2007 WAIVER OF COMPENSATION (DONATION) S.P./S.A.P. No. 056-090-010 Parcel No. 49000270205007 Owner Bradley & Sheena Smith Address 55673 11Street. Parkers Prairie, MN 56361 Design Tree Engineering c/o Jeremy Anderson, Parkers Prairie City Engineer 120 17**^ Avenue West Alexandria, MN 56309 Dear Mr. Anderson: I am fully aware of the city’s need to acquire a strip of right of way (2,382 square feet or 0.0547 acres) form my property for the above multi-use non-motorized trail project. I am also aware of my right to have the city appraise the property and of my right to receive just compensation. I have decided I wish to donate the right of way required from my property. I hereby waive my right to have my property appraised and waive my right to receive just compensation. received K20S WND 4 resource Know all men by these presents, that the undersigned hereinafter called "Grantor", in consideration of the sum of One dollars f$ 1.00 ) and other valuable consideration to them in hand paid, the receipt whereof is hereby acknowledged, do hereby grant unto the City of Parkers Prairie, a municipal corporation, its successors and assigns hereinafter called "Grantee", the perpetual right, privilege, title and easement to construct, operate and maintain a recreation trail for public pedestrian, bicycling and related uses upon and across the following described land located and situated in the County of Otter Tail, State of Minnesota, to wit: PERMANENT TRAIL EASEMENT See attached Exhibits reference. 'A" and “B” which is incorporated herein by Subject to easements, restrictions, and reservations of record. 1. The easement is established for pedestrian non-motorized recreational trail purposes, such as walking, hiking, jogging, running, snowshoeing, cross country skiing, and like activities. Should any question arise regarding the propriety of any use of the trail easement area, this easement shall be construed liberally in favor of such use; provided however, that the Grantee or its designee in its sole discretion, shall have the right to regulate or restrict uses (including but not limited to those specific uses listed above) which Grantee detennines to be unsafe or otheiwise detrimental to the continued use and vitality of the recreational trail or the condition of the trail easement area. 2. The easement area shall consist of the propeity 12.5 feet on either side of the trail route line appearing on the attached Exhibits "A" and “B”. The trail itself will be a 14.00 foot wide bituminous surface located within the trail easement area. 3. The grant of easement herein contained shall include the right of Grantee to: a. Establish the recreational trail across, over and through the property at the locations indicated on the attached Exhibits "A" and “B” and the right to permit use of the recreational trail area by the general public. b. Lay out, survey, construct, develop, operate, maintain, identify, repair, remove or relocate a meandering trail path; to make topographical changes to the trail easement area for the necessity and convenience of locating the trail and to protect the trail easement area from erosion by the use of bridges, steps, water diversion stnictures or special trail surface covers or other appropriate measures; to post signs marking the trail; and to manage vegetation through selective planting or removal of trees or exotic or nuisance plant species, in order to maintain and enhance the scenic, natural and ecological value of the trail easement area. c. Inspect the trail easement area and to enforce the covenants of the Grantor and the rights of the Grantee by any action in law or in equity. The Grantee shall not waive or forfeit its right to take legal action to enforce this Agreement by any prior failure to act. d. The Grantor conveys to the Grantee, its employees, otficers, and agents the right of ingress and egress from and to the trail easement area across the Grantors property for the purpose of constructing, developing, maintaining, managing and inspecting the trail. It is understood that field roads, roadways, passageways, and cartways will be utilized for such ingress and egress whenever possible and where such travel ways exist. The Grantor may provide a designated route to and from the trail easement area which the Grantee shall use if said route is reasonably convenient. e. The right to prohibit public access and use from time to time or to otherwise regulate said use as deemed necessary by Grantee through the use of signs or the installation of gates or other obstructions, and to limit access by or exclude the public by appropriate means from any portion of the trail easement area. Motor vehicles shall be prohibited, except vehicles in use by the Grantee for purposes peimitted by this Agreement or for health and safety emergencies. 4. This easement shall be appurtenant to and run with the land in perpetuity, shall be binding upon the undersigned Grantors, their heirs, administrators, executors, successors, and assigns. EN WITNESS THEREOF, we have hereunto set our hands this <51 day of I^l4.rch ,2015. ACKNOWLEDGEMENT STATE OF MINNESOTA ) ss. COUNTY OF OTTER TAIL ) On this 31 day of Ma.roh 2015, before me personally appeared CuM ____, husband and wife/single to me known to be the persons named in and who executed the within and foregoing instrument, and acknowledged that (s)he executed the same as his/her voluntary act and deed. H_'-fYl' oO Notary* Pub l|gl THIS INSTRUMENT WAS DRAFTED BY: Design Tree Engineering 120 17'*' Avenue West Alexandria, MN 56308 ’SCHROEDER j Notary Public-Minnesota ' My CommlMlon Expires Jan. ■ PROPOSED EASEMENT DESCRIPTION “A” A 25.00 foot wide easement for access and utility purposes over, under and across that part of Government Lot 1 and the Northeast Quarter of the Northwest Quarter all in Section 27, Township 131 North, Range 37 West, Otter Tail County, Minnesota, being 12.5 feet on either side of the centerline described as follows: Commencing at the North Quarter corner of said Section 27; thence South 89 degrees 37 minutes 21 seconds West, assumed bearing along the north line of said Section 27, 920.6 feet to a point on the centerline of State Highway 29, said point being on a 5729.40 foot radius highway curve, the center of said curve bears South 86 degrees 20 minutes 35 seconds East from said point; thence southerly along said curve 396.32 feet, a central angle of 03 degrees 57 minutes 48 seconds; thence South 89 degrees 37 minutes 21 seconds West, 425.02 feet; thence South 00 degrees 22 minutes 39 seconds East, 310.00 feet; thence South 89 degrees 37 minutes 21 seconds West, 284.77 feet to the east line of the parcel described and recorded in Book 405, Page 37 of Deeds; thence South 06 degrees 56 minutes 00 seconds West along said east line, 30.50 feet; thence South 28 degrees 13 minutes 00 seconds West along said east line, 9.82 feet to the point of beginning of the centerline to be described; thence easterly along a non-tangential curve, concave to the south having a radius of 90.00 feet, a central angle of 34 degrees 38 minutes 39 seconds, a chord distance of 53.59 feet and a chord bearing of North 72 degrees 18 minutes 51 seconds East; thence North 89 degrees 38 minutes 11 seconds East, tangent to the last described curve, a distance of 523.91 feet; thence northeasterly a distance of 88.83 feet along tangential curve, concave to the northwest having a radius of 90.00 feet and a central angle of 56 degrees 33 minutes 11 seconds to the west right of way line of State Highway 29 and terminating thereat. Sidelines of said easement shall be prolonged or shortened to terminate at the west right of way line of State Highway 29 and the east line of parcel described and recorded in Book 405, Page 37 of Deeds. TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter called the "Grantor", in consideration of the sum of One dollar rSl.OOl and other valuable consideration to them in hand paid, the receipt whereof is hereby acknowledged, do hereby grant unto the City of Parkers Prairie, a municipal corporation, hereinafter called "Grantee", the temporary right, privilege and easement to enter upon, suiwey, store and stockpile equipment, diit and miscellaneous supplies upon, and to construct and do all things necessary thereon to facilitate the construction of a recreational bituminous trail. Stockpiling and storage of dirt, equipment and supplies shall be allowed only for a reasonable time before and after construction immediately adjacent to the premises. The temporary easement to be on land located in Otter Tail County, Minnesota, said temporary easement being more particularly described as follows: See attached Exhibits "A" and “B” which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. Grantee intends to make every effort to avoid damage or removal of trees or shrubs. However should any trees or shrubs be damaged or removed. Grantor shall be entitled to have the damaged or removed property replaced and Grantor hereby waives any claim for damages in excess of the replacement of such damaged or removed property. As further consideration for the granting of this easement. Grantee shall, upon completion of construction, restore the easement area to its condition prior to construction, said restoration to include, if necessai-y, reseeding and replaeement of trees, shrubs, driveways, walkways and fenees, exeept that growing crops or gardens shall not be replaced. Grantor agrees not to use said land for any purpose which will interfere with the rights herewith granted to Grantee for the duration of the easement. This easement shall continue in effect imtil November 1, 2016, except that should construction of such project be delayed beyond said date, the easement shall remain in effect until the completion of said underground sanitary sewer system is certified to by the Grantee. This easement shall be binding upon the undersigned Grantor, their heirs, administrators, executors and assigns. PROPOSED EASEMENT DESCRIPTION “A” PERMANENT EASEMENT A 25.00 foot wide easement for access and utility purposes over, under and across that part of Government Lot 1 and the Northeast Quarter of the Northwest Quarter all in Section 27, Township 131 North, Range 37 West, Otter Tail County, Minnesota, being 12.5 feet on either side of the centerline described as follows; Commencing at the North Quarter corner of said Section 27; thence South 89 degrees 37 minutes 21 seconds West, assumed bearing along the north line of said Section 27, 920.60 feet to a point on the centerline of State Highway 29, said point being on a 5729.40 foot radius highway curve, the center of said curve bears South 86 degrees 20 minutes 35 seconds East from said point; thence southerly along said curve 396.32 feet, a central angle of 03 degrees 57 minutes 48 seconds; thence South 89 degrees 37 minutes 21 seconds West, 425.02 feet; thence South 00 degrees 22 minutes 39 seconds East, 310.00 feet; thence South 89 degrees 37 minutes 21 seconds West, 284.77 feet to the east line of the parcel described and recorded in Book 405, Page 37 of Deeds; thence South 06 degrees 56 minutes 00 seconds West along said east line, 30.50 feet; thence South 28 degrees 13 minutes 00 seconds West along said east line, 9.82 feet to the point of beginning of the centerline to be described; thence easterly along a non-tangential curve, concave to the south having a radius of 90.00 feet, a central angle of 34 degrees 38 minutes 39 seconds, a chord distance of 53.59 feet and a chord bearing of North 72 degrees 18 minutes 51 seconds East; thence North 89 degrees 38 minutes 11 seconds East, tangent to the last described curve, a distance of 523.91 feet; thence northeasterly a distance of 88.83 feet along tangential curve, concave to the northwest having a radius of 90.00 feet and a central angle of 56 degrees 33 minutes 11 seconds to the west right of way line of State Highway 29 and terminating thereat. Sidelines of said easement shall be prolonged or shortened to terminate at the west right of way line of State Highway 29 and the east line of parcel described and recorded in Book 405, Page 37 of Deeds. TEMPORARY EASEMENTS That part of Government Lot 1 and the Northeast Quarter of the Northwest Quarter all in Section 27, Township 131 North, Range 37 West, Otter Tail County, Minnesota, described as follows: Commencing at the North Quarter corner of said Section 27; thence South 89 degrees 37 minutes 21 seconds West, assumed bearing along the north line of said Section 27, 920.60 feet to a point on the centerline of State Highway 29, said point being on a 5729.40 foot radius highway curve, the center of said curve bears South 86 degrees 20 minutes 35 seconds East from said point; thence southerly along said curve 396.32 feet, a central angle of 03 degrees 57 minutes 48 seconds; thence South 89 degrees 37 minutes 21 seconds West, 425.02 feet; thence South 00 degrees 22 minutes 39 seconds East, 345.49 feet to the point of beginning; thence continuing South 00 degrees 22 minutes 39 seconds East 14.89 feet; thence North 89 degrees 38 minutes 11 seconds East, 360.63 feet; to the west right of way line of State Highway 29; thence North 03 degrees 50 minutes 51 seconds West, 14.92 feet to the intersection of a line that bears North 89 degrees 38 minutes 11 seconds East from the point of beginning; thence South 89 degrees 38 minutes 11 seconds West, 359.72 feet to the point of beginning. TEMPORARY EASEMENTS That part of Government Lot 1, Section 27, Township 131 North, Range 37 West, Otter Tail County, Minnesota, described as follows: Commencing at the North Quarter corner of said Section 27; thence South 89 degrees 37 minutes 21 seconds West, assumed bearing along the north line of said Section 27, 920.6 feet to a point on the centerline of State Highway 29, said point being on a 5729.40 foot radius highway curve, the center of said curve bears South 86 degrees 20 minutes 35 seconds East from said point; thence southerly along said curve 396.32 feet, a central angle of 03 degrees 57 minutes 48 seconds; thence South 89 degrees 37 minutes 21 seconds West, 425.02 feet; thence South 00 degrees 22 minutes 39 seconds East, 310.00 feet; thence South 89 degrees 37 minutes 21 seconds West, 284.77 feet to the east line of the parcel described and recorded in Book 405, Page 37 of Deeds; thence South 06 degrees 56 minutes 00 seconds West along said east line, 30.50 feet; thence South 28 degrees 13 minutes 00 seconds West along said east line, 9.82 feet to the point of beginning; thence continuing South 28 degrees 13 minutes 00 seconds West along said east line, 215.86 feet; thence South 61 degrees 47 minutes 00 seconds East, 15.00 feet; thence North 28 degrees 13 minutes 00 seconds East, 216.83 feet; thence North 65 degrees 29 minutes 27 seconds West, 15.03 feet to the point of beginning.