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HomeMy WebLinkAbout51000020032003_Variances_04-12-1999Variances Barcode 128 845874 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 845874I hereby certify that this instrument # was filed/recorded in this office for re on the XI day of 11 lUJ J_____1999 at calf, County RecorderWendy L. by: recording fee ^ well certificate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 *** COMPLETE THIS APPLICATION IN BLACK INK *** Application Fee IReceipt Number Th kJ . 0 j-'hoPROPERTY OWNER DAYTIME PHON /f/fZ /Ssy: Peck MAfADDRESS7fix')! 6.G 0LAKE NUMBER LAKE NAME ____LAKE CLASS P^ck(Xry\J3GTOWNSHIPSECTION TOWNSHIP NAME OOP - n^-OO^ 3^-gQ^FIRE / LAKE I.D. NUMBEr//^^ /a:)/A ) RANGE PARCEL NUMBER 0xrj- 6L .5 <^U/ Cc>/{ dL S A/LEGAL DESCRIPTION A/VOe^^c>2 Ac. TYPE OF VARIANCE REQUESTED (Please Check) Misc.Structure Setback Structure Size Sewage System Subdivision Cluster rV\re^aej5-/tVi C.-T S. S'O i ac 3'^ /P ± dc . SPECIFY VARIANCE REQUESTED :X ^ ^ /^Q.C / -S 4ke UO d 5cd horn € pT dc arn 33 eilaad C6t\:5efi/a.'^'a/\ dej^drpy\eiAvk C>fpcr~pC ^ (2cuki^ ^3^1 doLdork^^ U>dl\access c/n I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. - /fff SIGNATURE Op^OPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING DATE (Applicant Will Receive Notification As To The Date/Time Of Hearing) r Me ^ 3^ - 3^-OO/ 39^ -e03 /d^C^ S ^J^'O-dQ // ^ k Accepted By Land & Resource L & R Official/Dale /?0a//?99 7 P.m.Date Of Hearing Time Motion Thomas J. Otto - Approved Motion was made by Randall Mann, seconded by Cecil Femling and carried with Mark Steuart and Rod Boyer voting no, to approve the variance as requested subject to the following conditions: 1. A registered surveyor’s drawing must be provided, 2. Written verification must be provided by a licensed septic system installer stating that adequate space for two on-site septic systems exist on each parcel, 3. Two on-site septic systems sites and a building site must exist on each parcel without requiring a variance. and 4. The access road construction and the wetland restoration must be done under the direction and approval of er state agency before any split of the property can be recorded or before any site permits can bethe i^ed. It was noted that both proposed parcelSare very large and the granting of the variance, if the above conditions can be satisfy! will provide the apf^icant witlyaj:easonable use of the proposed parcels. Chairr7fan7Dfter''ail CoumE^Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant And the MN DNR bk 0198-001 291,306 • Victor Lundeen Co., Printers • Fergus Falls, Minnesota MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT May 13,1999 The Otter Tail County Board of Adjustment met Thursday, May 13, 1999, with the following persons in attendance: John Everts Cecil Femling David Holmgren Randy Mann MarkSteuart Rod Boyer Wayne Roisum, Land and Resource Management Kurt Mortenson, Assistant County Attorney Call to Order - Chairman John Everts called the meeting to order at 7:00 p.m. Minutes Approved - Hearing no corrections or additions the minutes of the May 6,1999, meeting was approved as mailed. The following variance requests were heard: Thomas J. Otto - Approved Thomas J. Otto, Perham, MN, requested a variance to subdivide an existing 6.62-acre parcel into two parcels of less than 5 acres. One parcel would be approximately 3.5 acres and the other parcel would be approximately 3.12 acres. It should be noted that the applicant is working with the wetland conservation department to access the proposed home from County Road #51. The property is described as part of Government Lot 5, Section 2 of Perham Township by Little Pine Lake. The audience was polled with no one speaking for or against the applicant’s request. After consideration, motion was made by Randall Mann, seconded by Cecil Femling and carried with Mark Steuart and Rod Boyer voting no, to approve the variance as requested subject to the following conditions: 1. A registered surveyor’s drawing must be provided, 2. Written verification must be provided by a licensed septic system installer stating that adequate space for two on-site septic systems exist on each parcel, 3. Two on-site septic systems sites and a building site must exist on each parcel without requiring a variance, and 4. The access road construction and the wetland restoration must be done under the direction and approval of the proper state agency before any split of the property can be recorded or before any site permits can be issued. It was noted that both proposed parcels are very large and the granting of the variance, if the above conditions can be satisfy, will provide the applicant with a reasonable use of the proposed parcels. 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Uf 5, Section 2 - .----...¥• ■a L^AI^ DESCRIPTION TRACT B ( OTTO )■ / H.'s. f -Section 2, Township 136 North, Range^hat; part of Government Lot 5, ^^9 West, Otter Tail County, Minnesota described as follows: pCocorner of said Government Lot 5; the west line of said 552.96 feet; thence North 04 148.04 feet; thence South Commencing at the southwest ■-thence’ North, assumed bearing along ^ -.-t Government Lot 5, a distance of ’ degrees 17 minutes 00 seconds East 'r 71 degrees 55 minutes 00 seconds West 11.63 feet to the west line of said Government Lot 5, the point of beginning of the tract to be described; thence South 516.98 feet along the west line of said Government Lot 5, to the monumented north line of that tract of land recorded in Book 367 of Deeds on Page 569; thence North 77 degrees 23 minutes 10 seconds East 674 feet, more or less along the monumented north line’ of that tract of land recorded in said Book 367 of Deeds on Page 569, to the shoreline of Little Pine Lake; thence northwesterly, along the shoreline of Little Pine Lake, to the intersection with the monumented line which bears North 71 degrees 55 minutes 00 seconds East from the point of beginning; thence South 71 degrees 55 minutes 00 seconds West 430 feet, more or less along the monumented line, to the point of beginning containing 6.62 acres, more or less. t ! X. i . 1 1II I■5% Subject to an easement for County State Aid Highway Number 51 over and across the westerly portion thereof. {i Subject to other easements, restrictions or reservations of' record, if any.I.»-■* : ■y i: S •• »■ •| •V/‘' ■ < 4 t r I5'5Q’ \t I^rocf of Land \f Recorded in Doc ^ ^634/52 I 1III I I -t.1I/ II 56'/^ li-\ Tract A (2.50»Acr^ S'i/\S/\ s\V W ••fl °S, f. 'f-VI I ^.' I O)•?\ 5^\o °a%\ I ui Im / • I/-cil gg SI / \0) to \3 /-•X\oI '5I ^ ’ O) I |\Wr\I I Little’ / «2 m \\ I\ a\6^•\\Pine// a\/«I .07-^1—**********‘^J \/O L . S£\ \ —r S'' o \\ 4 ^ ■I\/\ '■-axm'?. m'— VLl50’^ |U ■<M 110qSco ^ fS 'J- f / • \lr Lake\50''t -yIIyIiIIti Tract 8 ^^ (6.62-Acres) ^I JII;y-/ I /\-pjSoTW Line Gov't. Lot \ \1I4:\ 1-------otloIV)su>I V S&\ \I /^\1I"S.'-'"f"V5I ro :\ V \%'X_8 V zdi^.X‘S? rCD I /«<cv I >\>N_.P>\0.99' -:^..,.«gn. “""’‘*67X37 .- °23 >0 00* I t I U I --N.77I I I 50'50' Jn°BLk^^y^^ Recorded -^-■1 n:> !5.Line Gov't LOI5 5 ■ -*t ■SW Cor. Govt, Lot5^Section2 Notice of Hearing for Variance Otter Tail County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218)739-2271 Ext. 240 Applicant must be present at the scheduled hearing. To Whom It May Concern: Thomas J. Otto RR 1 Box 534 Perham, MN 56573 has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, May 13, 1999, at 7:00 p.m.. in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law Enforcement entrance.) Individuals requiring special accommodations should contact the County Auditor’s office prior to the date of the public hearing. The property concerned in the application is legally described as part of Government Lot 5, Fire# LP210(A) Section 2, Township 136, Range 39 - Township Name - Perham Lake No. 56-142, Lake Name - Little Pine, Class - GD The variance requested is: to subdivide an existing 6.62-acre parcel into two parcels of less than 5 acres. One parcel would be approximately 3.5 acres and the other parcel would be approximately 3.12 acres. It should be noted that the applicant is working with the wetland conservation department to access the proposed home from County Road #51. Board of i^justment Secretary Date: April 16,1999 r------ ......J t • OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Tail) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 19th, day of April, 1999 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Thomas J. Otto, RR 1 Box 534, Perham, MN 56573 Kathryn Quittschreiber, Twp Clerk of Perham, RR 2 Box 74, Perham, MN 56573 Little Pine Lake Assoc., PO Box 62, Perham, MN 56573 Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: David H. Holmgren, RR 1 Box 188B, Henning, MN 56551 John Everts, RR 2 Box 434, Battle Lake, MN 56515-9492 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Rod Boyer, RR 3 Box 656, Frazee, MN 56544 Mark Steuart, RR 1 Box 82, Richville, MN 56576 by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals listed above and/or listed in the attachment. Dated: April 19th, 1999 Wayne Stein, Secretary Otter Tail County Board of Adjustment By:r>x^ Vi Manderud ■ V u ««« V GARY G JEZEWSKI 1253 CLEVELAND AVE S SAINT PAUL, MN 55116-2572 THOMAS HANSON ET AL ATTN JEFFREY TWEETON RR 1 BOX 532 PERHAM, MN 56573-9795 CITY OF PERHAM PO BOX 130 PERHAM, MN 56573-0130 THOMAS & MARLETTE A OTTO PO BOX 248 PERHAM, MN 56573-0248 ALLEN & ARLENE RUSCHE RR 2 BOX 409 PERHAM, MN 56573-9569 October 23,1999 To whom it may concern; I, Peter Paul, a licensed septic system installer have inspected the Tom Otto property next to Paul Mueller Park North of Perham, MN off County Highway 51. The proposed site of +or- 3.5 acres is suitable to have two separate septic systems and therefore is a suitable site for building a lake home. Also the existing home located on the 6.62 +- acreage (or split 3.15+- acres) has room for two septic systems. Sincerely Yours, Peter Paul Excavating Licensed Septic System Installer Little Pine Lake Perham, MN 346-4688 BVHji OCT 2 S’ 1999 ;:aCE ....'TO< I ?ac» of Land X 1/ Recorded in Doc ^ ( I I I •1mm e j]^v’f,Lof5 / I I I I I I 50' irocf of •f-4 c:> I S.Lino Gov'l Ul S , I ■SWCor. 2ov(, Lot 5, Sec lion 2 s ^ System design must be to scale and must include the proposed location of the sewage system, all existing/proposed buildings, property lines, the ordinary high water level of the water body, wetlands and all water wells within 150' of the sewage system. . GRID PLOT PLAN J_inch(es) equals ^ feet SKETCHING FORMgrid(s) equals feet, orScale: FIRM / P>r- to._______ SIGNATURE:^/ DATE: ^ ? MPCA LICENSE #: 9 LICENSE CATEGORY: SUBMITTED BY:f) ADDRESS: Pah o I SrTJi.9^ S/r^ 'I Tva X^A/hi-If aoo (f'r^SSc^ /■ /3 6 J u tJ) :‘':br» * 295.213 • Victor Lundeeo Co. Pnmers • FerQu$ Falls. MN • 1-800-346-4 70BK- 0496- 029 oSITE DATA LAND AND RESOURCE MANAGEMENT Otter Tail County Fergus Falls, MN 56537 OWNER: yr)C(.:5Oidio MIDDLE TELEPHONE NUMBERFIRSTLAST NAME ADDRESS: /?/?!<5'<^'S'73 ZIP CODE /3^ 3^ P^rir\CK)nr\ Ti) RANGE STATECITYSTR./RT. L'lj-He Pine■5^ Opf-crI /?<\gf fSEC.TWP TWP NAMELAKE/RIVER NO.LAKE NAME LEGAL DESCRIPTION:SOIL BORING LOG Date. COLOR & MUNSELL NO. DEPTH (INCHES)STRUCTURE ■<^OCK^ PLATY PRISMATIC NONE TEXTURE ix- ^ rci^/u S<?r <-Pari' o~T i Lo'h S'0~ 6 PARCEL NUMBER A BLOCKY PLATY FIRE NUMBER (c>' :b PRI^MAIK^ (noneJ^ NUMBER OF BEDROOMS BLOCKY PLATY(no^ 3aGARBAGE DISPOSAL; YES CPRI: NONE )20 ft.WELL CASING DEPTH:;y C^P PLATY PRISMATIC NONE FLOODPLAIN: YES VEGETATION: AQUATIC tgRRESTRI^ BLOCKY PLATY PRISMATIC NONE ^ %SLOPE AT INSTALLATION SITE: Probe Pit CBorinoTYPE OF OBSERVATION: (CJJL^ OutwashPARENT MATERIAL:Loess Bedrock Alluvium COMMENTS:. ORIGINAL SOIL: No COMPACTED SOIL: Yes ^__ft. DEPTH OF BORING:. PERC TEST #2PERC TEST * 1 - TWO TESTS ARE REQUIRED - WATER DROP PERC RATEINTERVAL (MINUTES)WATER DEPTHWATER DROP PERC RATE TIMEINTERVAL (MINUTES)WATER DEPTHTIME """W 3 (STARTSTART PERCTIMEDROPPERCTIMEDROP PERC RATEWATER DEPTH WATER DROPTIMEINTERVAL (MINUTES)WATER DROP PERC RATETIMEINTERVAL (MINUTES)WATER DEPTH I o —-f-f- R^LL [REFILL Tll^E ‘ d/oP PERC(fTIMEDROPPERC PERC RATEINTERVAL (MINUTES)WATER DEPTH WATER DROPPERC RATE TIMEINTERVAL (MINUTES)WATER DEPTHTIME 9K7pzj_2^ R^ILLREFILL 4ir=ii3Ld-TIME DROP PERC WATER DROP PERC RATEINTERVAL (MINUTES)WATER DEPTHPERC RATE TIMEWATER DROPINTERVAL (MINUTES)TIME REFILLREFILL ---------r--------- =---------r PERCTIMEDROPTIMEDROPPERC PERC RATEINTERVAL (MINUTES!WATER DEPTH WATER DROPPERC RATE TIMEINTERVAL (MINUTES)WATER DEPTH WATER DROPTIME REFILLREFILL ---------r--------- =PERCTIMEDROPPERCTIMEDROP PERC RATEWATER DEPTH WATER DROPTIMEINTERVAL (MINUTES)WATER DEPTH WATER DROP PERC RATETIMEINTERVAL (MINUTES)REFILLREFILL ----^----- =-------------i-------------- =PERCTIMEDROPPERCTIMEDROP WATER DROP PERC RATEINTERVAL (MINUTES)WATER DEPTHWATER DROP PERC RATE TIMEINTERVAL (MINUTES)WATER DEPTHTIME REFILLREFILL DROP PERCTIMEDROPPERCTIME WATER DROP PERC RATEINTERVAL (MINUTES)WATER DEPTHPERC RATE TIMEINTERVAL (MINUTES)WATER DEPTH WATER DROPTIME REFILLREFILL ----^----- =PERCTIMEDROPPERCTIMEDROP PROPOSED DESIGN: GRAVITY DIST.PRESSURE DIST,HOLDING TANK.ATGRADE.MOUND.TRENCH BED. OTHER. SPECIFY:.SEWER LINE.OUTHOUSE. — SYSTEM DESIGN ON BACK Department of LAND & RESOURCE MANAGEMENT COUNTY OF OTTER TAIL Phone: (218) 739-2271 Court House FERGUS FALLS, MINNESOTA 56537 February 12, 2001 Terry Karkela Svingen, Athens, Russell, Hagstrom, Haugrud & Karkela, PLLP PO Box 160 Perham MN 56573-0160 RE: Thomas Otto Property, Little Pine Lake (56-142) Dear Mr. Karkela, Enclosed please find the signed Certificate of Compliance for Mr. Otto’s subdivision. If you have any further questions or comments regarding this matter, please contact our office. Sincerely, Bill Kalar Administrator BK/jlt Enclosure 'SscAi::;:: Svingen, Athens, Russell, Hagstrom, Haugrud & Karkela, PLLP Offices in:R. Kristian Svingen* Robert L. Russell ★ Dennis W. Hagstrom A Allen Haugrud Terry A Karkela * J.J. Cline Auorncys & Counselors at Law -■ -i Fergus Falls Perham Battle Lake Weekly Office Hours in:Associates: David J. Eilertson Ryan E. Ries February 2, 2001 Dalton Underwood - 5 2001 land & RESOURCE Of Counsel: Thomas C. Athenst*- William Kollar Otter Tail County Shoreline Management Otter Tail County Courthouse Fergus Falls MN 56538 RE: Thomas Otto: Dear Mr. Kollar: Enclosed is the revised Certificate of Compliance with attached Exhibits B-1, B-2 and Certificate of Survey in the above entitled matter. Please review and if acceptable, upon filing of the wetland certification, please date, sign and return the Certification for recordation. I have also enclosed for Kyle’s use a copy of the description containing the wetlands so that the necessj additional information, pf filing can be completed. If you need any e let me know. Very truly yours, Terry A. Karkela tm Enc. / T ^ Also admiued * Real h« Vi nimtm• rax. ✓ CERTIFICATE OF COMPLIANCE The County of Otter Tail, by and through the Office of Land and Resource Management, hereby certifies as follows: 1. All of the conditions set forth on that certain Application for Variance approved by the Otter Tail County Board of Adjustment affecting the following described real property and recorded in the office of the Otter Tail County Recorder as Document #845874 have been complied with and completed to the satisfaction of Otter Tail County: That part of Government Lot 5, Section 2, Township 136 North, Range 39 West, Otter Tail County, Minnesota, described as follows: Commencing at the southwest corner of said Government Lot 5; thence North, assumed bearing along the west line of said Government Lot 5, a distance of 552.96 feet; thence North 04 degrees 17 minutes 00 seconds East 148.04 feet; thence South 71 degrees 55 minutes 00 seconds West 11.63 feet to the west line of said Government Lot 5, the point of beginning of the tract to be described; thence South 516.98 feet along the west line of said Government Lot 5, to the monumented north line of that tract of land recorded in Book 367 of Deeds, page 569; thence North 77 degrees 23 minutes 10 seconds East 674 feet, more or less along the monumented north line of that tract of land recorded in said Book 367 of Deeds on Page 569, to the shoreline of Little Pine Lake; thence northwesterly, along the shoreline of Little Pine Lake, to the intersection with the monumented line which bears North 71 degrees 55 minutes 00 seconds East from the point of beginning; thence South 71 degrees 55 minutes 00 seconds West 430 feet, more or less along the monumented line, to the point of beginning containing 6.62 acres, more or less. 2. All of the conditions set forth on that certain Application of Conditional Use Permit approved by the Otter Tail County Board of Commissioners affecting the above described real property and recorded in the office of the Otter Tail County Recorder as Document #855874 have been complied with and completed to the satisfaction of Otter Tail County. That the subdivision of the above described real property into Tracts B1 and B2 as described on the attached copy of Certificate of Survey and the attached Exhibits B1 and B2 is hereby authorized and is in accordance with the variance and Conditional Use Permit granted under the ordinances of Otter Tail County. 3. 1j C>1DATED: COUNTY OF OTTERTAIL LAND AND RESOURCE MANAGEMENT By: Its: CERTIFICATE OF SURVEY IN GOVT LOT 5 SECTION 2-136-39 OTTER TAIL COUNTY MINNESOTA VICINITY MAP Gov't Lot 5 Section 2-136-39 (for illustrative purposes) I Hereby certify that the subdivided property described in this survey meets the County requirements for public road access and sewTract reatment systems.0-2 r r-<i I- ■CO ‘ c ^ X :_ui <VJO_o Xo0°^ 8 2 ?IDO io 42.99,SURVEYOR: I •Roy A. Smith and Associates\522 West Main Detroit Lakes, Minnesota Tei. 218-847-4269 \I o Oi 4> to OEIou>o ;z "w Tr CVj I 4> O , J-J C I I O o 4)(O CD to d00 LEGEND I .1 \I • = Denotes iron monuments found, o = Denotes iron monument set, marked with Minnesota Registration No. 12004. Orientation of Ifiis hearing system is assumed. Scale: I inch = 100 feet. I -W-t t i, r t' 2000 graphic 100 scale kOY a. smith & ASSOCIATES, I^C. LAND SURVEYING AND CONSULTING ENGINEERING County Surveyor for Becker County 522 West Main Street Detroit Lakes, Minnesota 56501 218-847-4289 218-846-1945 fax Tom Otto -Tract B-1 Land description: That part of Government Lot 5 of Section 2, Township 136 North, Range 39 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows: Commencing at the southwest comer of said Government Lot 5; thence North 00 degrees 00 minutes 00 seconds East 451.12 feet on an assumed bearing along the west line of said Government Lot 5 to the point of beginning; thence continuing North 00 degrees 00 minutes 00 seconds East 245.86 feet along the west line of said Government Lot 5; thence North 71 degrees 55 minutes 00 seconds East 54.07 feet to a found iron monument; thence continuing North 71 degrees 55 minutes 00 seconds East 164.91 feet to a found iron monument; thence continuing North 71 degrees 55 minutes 00 seconds East 152.87 feet to a found iron monument; thence continuing North 71 degrees 55 minutes 00 seconds East 58 feet, more or less, to the water's edge of Little Pine Lake; thence southerly along the water's edge of said Little Pine Lake to the intersection with a line which bears North 71 degrees 58 minutes 46 seconds East fi'om the point of beginning; thence South 71 degrees 58 minutes 46 seconds West 11 feet, more or less, to an iron monument; thence continuing South 71 degrees 58 minutes 46 seconds West 445.37 feet to an iron monument; thence continuing South 71 degrees 58 minutes 46 seconds West 53.00 feet to the point of beginning. The above described tract contains 2.5 acres, more or less. SUBJECT TO County State Aid Highway No. 51 right of way easement over, under and across the westerly portion of the above described tract as said County State Aid Highway No. 51 is located and established on May 2, 2000. I hereby certify that I am a Registered Land Surveyor under the laws of the State of Minnesota and that the above legal description was prepared from information on Certific; suffi^ient-tp loEate bo^dary lines shown on said Certificate of Survey. Survey T5779-12 dated May 2, 2000, and said legal description is legally Roy A. Smitl Minnesota Reg. Land Surveyor No. 12004 »•» kOY a. smith & ASSOCIATES, BNC. LAND SURVEYING AND CONSULTING ENGINEERING County Surveyor for Becker County 522 West Main Street Detroit Lakes, Minnesota 56501 218-847-4289 218-846-1945 fax Tom Otto—Tract B2 Land description: That part of Government Lot 5 of Section 2, Township 136 North, Range 39 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows: Commencing at the southwest comer of said Government Lot 5; thence North 00 degrees 00 minutes 00 seconds East 180.00 feet on an assumed bearing along the west line of said Government Lot 5 to the point of beginning; thence continuing North 00 degrees 00 minutes 00 seconds East 271.12 feet along the west line of said Government Lot 5; thence North 71 degrees 58 minutes 46 seconds East 53.00 feet to an iron monument; thence continuing North 71 degrees 58 minutes 46 seconds East 445.37 feet to an iron monument; thence continuing North 71 degrees 58 minutes 46 seconds East 11 feet, more or less, to the water's edge of Little Pine Lake; thence southerly along the water's edge of said Little Pine Lake to the intersection with a line which bears North 77 degrees 23 minutes 10 seconds East from the point of beginning; thence South 77 degrees 23 minutes 10 seconds West 20 feet, more or less, to an iron monument; thence continuing South 77 degrees 23 minutes 10 seconds West 610.99 feet to a found iron monument; thence continuing South 77 degrees 23 minutes 10 seconds West 42.99 feet to the point of beginning. The above described tract contains 4.0 acres, more or less. SUBJECT TO County State Aid Highway No. 51 right of way easement over, under and across the westerly portion of the above described tract as said County State Aid Highway No. 51 is located and established on May 2, 2000. 1 hereby certify that I am a Registered Land Surveyor under the laws of the State of Minnesota and that the above legal description was prepared from information on Certificate of Survey T5779-12 dated May 2, 2000, and said legal description is legally undary lines shown on said Certificate of Survey.ocate tsi Roy A. Snmh Minnesota Reg. Land Surveyor No. 12004 % 876727 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #__________ was tiled/recorded in ft is office for record on the X REC'T/VED 876727 FEB - 9 2001 ___.day of ---------.2001 atWen^ 4 MetcaJf„^untyi^ecorderLAND & RESOURCE .well certificate “YL/vjSw'iio QodU f?. (L \ Sir-ff .{Above Space Is Reserved For Recording Information). DECLARATION OF RESTRICTIONS AND COVENANTS FOR REPLACEMENT WETLAND This Declaration of Restrictions and Covenants for Replacement Wetland (Declaration) is made this day of FgbrUflJriJ . 2001 by the undersigned Declarant: RECITALS The Declarant, Thomas Otto, holds the fee title or perpetual easement on the real property d6scrib©cl ss follows* Part of GL 5 com SW cor GL5 N 00 deg E 180’ to point of Bg, N 00 deg E 271.12’, N 71 deg E 53’, N 71 Deg E 445.37’, N 71 deg E 11’ to lake, SLY along lake to intersection with line which bears N 77 deg E from point of bg, S 77 deg W 20’, S 77 deg W 610.99', S 77 deg W 42.99’ to point of bg. Contains 4.0 Acres, more or less. A. Sec 2 Township 136N Range 39W This real property is the site of a Replacement Wetland, as defined in Minnesota Rules 8240.0110, subp. 40. B. The Declarant is seeking approval of (1) a replacement plan under Minnesota Statutes section 103G.222 and Minnesota Rules 8420.0530 or (2) a bank plan under Minnesota Rules 8420.0740, C. The replacement Wetland is subject to the Wetland Conservation Act of 1991, as amended, Minnesota Statutes section 103G222 et sea., and all other provisions of law that apply to wetlands, except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to the Replacement Wetland, pursuant to Minnesota Rules 8420.0115. The Local Government Unit (LGU) charged with approval of the replacement or Banking Plan is Otter Tail County Land & Resource Management, whose address is 121 West Junius, Suite 130, Fergus Falls, MN 56537. D. E. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and Rules currently in effect and as amended or renumbered in the future. F. cyJi