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HomeMy WebLinkAbout22000220192000_Conditional Use Permits_06-20-20120U)\'ZqZ0\2^ Date Stamp RECEIVED MAY 2 t 2012 LAND & RESOURCE L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL 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 Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date /bny-T/4r\h'(^rl,'AJ'€- Prefer■!-1 4=^Pr^td-€Aji- kerf- l^,. FerQUL^ RlUs. /H/0 56 A M iAA LAKE NUMBER ■^~79 LAKE NAME OAi Q- niOSC AJ DAYTIME PHONEPROPERTY OWNER(S) MAILING ADDRESS LAKE CLASS IM.RANGE 64-'7) TOWNSHIP NAMETOWNSHIPSECTION E-911 ADDRESS PARCEL NUMBER M. -ooo-xa.-rji’^A-ooo a- r«f All ^dt'frJ ftr full O^STJr. CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) Topographical Alteration__ Commercial Use _ Forest Land Conversion__ Commercial WECS Cluster Development__ Extractive Use Miscellaneous Industrial Use SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. LecoeK, -hooo eo-civ 'S-X isf i'Ajo c-cJ i-s <xNd ireci^tL cJ\cla;a;'^' e^Lcuuce esrouofL co^Fk^d- n., . V a.; ' t , 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. o 7 0^VTESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARIN (Applicant Will Receive Notification As To The Date/Time Of Hearing) 345.198 • Victor Lundeen Co , Prinlors • Fergus Falls. Minrtesota r ^ Date Of Planning Commission Hearing Planning Commission Recommendation Chairman/Otter Tail County Planning Commission County Board Action July 17, 2012 County Board Motion Conditional Use Permit - Timberline Properties: Approved As Recommended Motion by Lindquist, second by Johnson, and unanimously carried to accept the withdrawal of the application and approve a refund of the application fee, for a Conditional Use Permit for the Timberline Properties’ project because it determined that a CUP is not necessary for this project as it should go through the County Ditch process. wasDenied As Recommended \/* Other fre-fw -fc> Date of Final Actionard of CommissionersChairman/Otter Tail Co L & R Official/Dafe * CONDITIONAL USE PERMIT # Permit(s) required from Land & Resource Management NoYes (Contact Land & Resource Management) Copy of Application Mailed to Applicant, Co. Assessor and MN DNR bk 072011 -006 Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY Government Services Center - 540 West Fir Fergus Falls, MN 56537 PH: 218-998-8095 Otter Tail County’s Website: www.co.otter-tail.mn.us July 26, 2012 Wayne Stein, County Auditor Refund - Withdrawn Conditional Use Permit Application Timberline Properties, LLC; Devils Lake (56-882) & Mason Lake (56-879) RE: Wayne: Enclosed please find a copy of the Conditional Use Permit Application for Timberline Properties, LLC. As you can see, on July 17, 2012, the County Board of Commissioners passed a motion to accept the withdrawal of this Application, and approve a refund of the Application Fee ($500). Please send the $500 refund to: Timberlinie Properties, LLC Richard Field, President 29801 Kort Rd Fergus Falls, MN 56537 Along with the refund check, please include a copy of their Application. If you have any questions, please contact me. Thank for your assistance. Marsha Bowman Assistant Administrator OTTER TAIL COUNTY PLANNING COMMISSION otter Tail County Government Services Center, 540 West Fir, Fergus Falls, MN 56537 218-998-8095 September 12, 2012 Meeting of the Otter Tail County Planning Commission was held on September 12, 2012 at 6:30 P.M. in the Commissioner's Room, Government Services Center, Fergus Falls, Minnesota. Roll Call: Members Present; Rod Boyer, Ken Erickson, Marion Gill, Bert Kinzier, Joe Maske, Bert Olson, Robert Schwartz, David Trites, Rick Wilson and Leona Zimmerman. Members Absent; None. David Flauser represented the County Attorney's Office and Bill Kalar represented the Land & Resource Management Office. Minutes of August 8, 2012: A motion by Wilson, second by Gill to approve the August 8, 2012 Minutes as presented. Voting: All members in favor. Timberline Properties. LLC - Withdrawn: Bill Kalar informed the Planning Commission that Timberline Properties, LLC (Devils Lake (56-882), NE & Mason Lake (56-879), NE.), withdrew their Conditional Use Permit Application. The County Board accepted this withdrawal on July 17, 2012. Since this is the case, the Planning Commission is not required to take any action regarding this tabled Application. Mark Fenstad / Roger Fenstad - Approved As Presented: A Conditional Use Permit Application (as stated by the Applicant on the Application): Please consider this application for topographical alterations for landscape related work with relation to new home construction. The improvements propose to provide outdoor patio space with walkway access to the lake. The project also proposes to provide an elevated sand beach for a filter buffer to the lake as shown on the plans (plans available for viewing at Land & Resource Mgt.). The project improvements propose to excavate and/or fill approximately 1775 cubic yards of soil almost all of which is outside the shore impact zone. The maximum cut is 5’ on lakeside of house & maximum fill is 3’ at detached garage. The proposal is located in Engstrom Beach Fifth Addition Lot 14 BIk 1, Section 18 of Edna Township; Big McDonaid Lake (56-386), RD. Motion - August 8, 2012: A motion by Trites, second by Gill, to table (at the Applicant’s request), to September 12, 2012 to allow an opportunity for the Applicant to: 1. Provide a water containment plan that will mitigate the increase of impervious surface inherent in the proposal. 2. Provide a plan identifying the relocation of the sewage system (including an alternative site) to an undisturbed area. 3. Modify the elevated patio to meet the setback requirements of the Shoreland Management Ordinance. 4. Provide a vegetation plan for the proposed beach sand blanket. 5. Consider modification to the elevation of the detached garage minimizing the run-off in that area. 6. Reconsider the proposed topographical alteration through the center area of the ridge, which now extends into the Shore Impact Zone. 7. May include additional modifications to the proposal that would reduce impacts. Land & Resource must receive the revised materials by August 24, 201 (noon). Roger & Jane Fenstad, Mike Lloyd (contractor) and Chris Heyer (Moore Encftn^irffl^. represented the Application. Motion: A motion by Wilson, second by Erickson to approve the revised drawing (including ^ the erosion control plan) dated August 23, 2012 as presented. Voting: All Members in favor. OTC Board of Commissioners' Minutes July 17, 2012 Page 7 Preliminary Plat - “West McDonald Sandy HiH7Jon & Elaine Lindaren: Motion by Lindquist, second by Froemming and carried with Johnson abstaining, to approve the Preliminary Plat of Jon & Elaine Lindgren entitled “West McDonald Sandy Hill’’ consisting of two back lots as presented. The project is located in Pt of the SE% SEV* (7.51 AC), Section 23 of Dora Township; West McDonald Lake (56-386), RD. Conditional Use Permit - Westby Farms LLP: Motion by Johnson, second by Froemming, and unanimously carried to approve a Conditional Use Permit to operate a beauty salon as presented including the additional request to be open on Saturday and expand the hours to 7:00 p.m. Monday through Friday. The proposal is located on E'A SE% (80 AC), Section 7 of Maplewood Township; Unnamed Lake (56-720), NE. Conditional Use Permit - Eugene J. & Janet Wiley Tsts: Motion by Lindquist, second by Johnson, and unanimously carried to approve a Conditional Use Permit for a driveway project as presented. The project is located in Pt of GL 3 (5.93 AC) & Sub Lots 1 & 2 of GL 4 ex trs & GL 3 ex trs, (45.55 AC), Section 34 of Tordenskjold Township; Stalker Lake (56-437), RD. Conditional Use Permit - Timberline Properties: Motion by Lindquist, second by Johnson, and unanimously carried to accept the withdrawal of the application and approve a refund of the application fee, for a Conditional Use Permit for the Timberline Properties’ project because it was determined that a CUP is not necessary for this project as it should go through the County Ditch process. The project is located in all GLS 4, 5, 7 & 8, NW!4 SE% & PT GLS 2 & 3 & Sublots D, K, L & H & M (244.59 AC), Section 22 of Elizabeth Township; Devils Lake (56-882), NE & Mason Lake (56-879), NE. Conditional Use Permit - Alan & Barbara Syyerson: Motion by Froemming, second by Huebsch, and unanimously carried to approve a Conditional Use Permit to fill in a low portion of a driveway as presented. The project is located in Maple Acres Lot 6 BIk 2 & vac rd adj and Lot 5 BIk 3, Section 34 of Girard Township; Stuart Lake (56-191), RD. Conditional Use Permit - Mike & Laurai Blaskowski: Motion by Froemming, second by Johnson, and unanimously earned to approve a Conditional Use Permit to reopen a general store as presented. The project is located at Old Town Acres Lot 2 BIk 1, Section 12 of Clitherall Township; Clitherall Lake (56-238), RD. Adjournment At 11:27 a.m.. Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners adjourned for committee meetings until 8:30 a.m. on Tuesday, July 24, 2012. Dated:OTTER TAIL COUNTY BOARD OF COMMISSIONERS By: Leland R. Rogness, Board of Commissioners Chair Attest: Larry Krohn, Clerk CB/kd Otter Tail County, Planning Commission July 11,2012, Page 2 “West McDonald Sandy Hill” / Jon & Elaine Lindgren - Approved As Presented: A Preliminary Plat of “West McDonald Sandy Hill” consisting of 2 Lots, 1 Blk for Single Family Residential Use. The project is located in Pt of the SE1/4 SE1/4 (7.51 AC), Section 23 of Dora Township; West McDonald Lake (56-386), RD. Jon Lindgren and Glenn Howe (Anderson Land Surveying) represented the Application. Motion: A motion by Trites, second by Maske to approve as presented. Voting: All Members in favor. Westbv Farms LLP - Approved As Requested: A Conditional Use Permit Application (as stated by the Applicant on the Application): Operate a beauty salon within the shore land zone, hours of operation 9 am to 5 pm Monday through Friday, parking for 3 customers, and a business sign maximum 4x8 feet, no higher than 8 feet off of the ground located near the township road. The proposal is located on El/2 SE1/4 (80 AC), Section 7 of Maplewood Township; Unnamed Lake (56-720), NE. Peter and Jeanne Westby represented the Application, Jeanne Westby indicated that she would like to be open on Saturday and have the hours be expanded to 7:00 p.m. Motion: A motion by Erickson, second by Boyer to approve as presented, including the request to be open on Saturday and have the hours expanded to 7:00 p.m.. Voting: All Members in favor. Eugene J & Janet Wiley Tsts - Approved As Presented: A Conditional Use Permit Application (as stated by the Applicant on the Application): Provide legal access to my property (Parcel A) by constructing a 1200 ft. driveway across cropland in Govt. Lot 3, Sec 34, T132, R41. Work to begin in August after wheat is harvested. 1200 foot driveway by 12 feet wide, by placing a crown on proposed driveway using fill from borrow area as indicated (drawing on file with Land & Resource Mgt. Office). Approx. 300 cubic yards and top with 150 cubic yards class V. The project is located in Pt of GL 3 (5.93 AC) & Sub Lots 1 & 2 of GL 4 ex trs & GL 3 ex trs, (45.55 AC), Section 34 of Tordenskjold Township: Stalker Lake (56-437), RD. Eugene & Janet Wiley represented the Application. Motion: A motion by Wilson, second by Maske to approve as presented. Voting: All Members in favor. Timberline Properties - Application Tabled At June 20, 2012 Meeting - Withdrawn: Bill Kalar discussed with the Commission a Conditional Use Permit Application filed by Timberline Properties. This Application was at the Applicant’s request, to September 12, 2012 to allow the Applicant time to: 1. Provide a hydrology report as suggested by the DNR (letter dated June 19, 2012). 2. Complete the requirements of the County Ditch Authority. Material must be received by Land & Resource by August 24, 2012. Mr. Kalar indicated that after reviewing the request, it was determined that a Conditional Use Permit is not necessary for this project. The Commission was also informed that Richard Field (Timberline Properties) has submitted a letter requesting withdrawal of his Conditional Use Permit Application and a refund of his Conditional Use Permit Application Fee. This request will be considered by the County Board at their July 17, 2012 Meeting. TANNED Iuly9.2dl2 Land And Resource Management Ottertail County Government Services Center, 540 West Fir Ave. Fergus Falls, MN 56537 RE: Conditional Use Permit Application, Devils Lake (56582) and Mason Lake (56-879) To Whom it may Concern: With this letter, I am with-drawing my application for a Conditional Use Permit. At a meeting on July 3*^^ 2012 with Bill Kaylar (Land Resource Management), Rick West (Ottertail Highway Department), and David Hauser (Ottertail County Attorney). I was informed that due to the State Ditch laws that are involved in this request, the County Highway Department is where my request must be submitted. •Due to the infonnation given to me on my original request for a Conditional Use Permit from Land and Resource Management, I am requesting reimlnffsement of the application “fee paid to Ottertail County Land and Resource Management. Sincerely, Timberline Properties LLC Richard Field President 29801 KortRd. Fergus Falls, MN 56537 mm Timberline Ranch LLC ? Visitors Welcome Richard & Bev Field Retired 29801 Kort Rd., Fergus Falls MN 56537 Summer April - November 10188 E La Palma, Gold Canyon AZ 85118 Winter December - ??? R 218-731-6440 ; B 218-731-6439 rfieldf/'prtel.com HM 4 -’M" M1 =1 v/ya iM^XcA. ^ 4^ ^wjc cJc^r uT" ^ }\JU / 6 :0I2 ^ t)iXtiMSS£id OiTCH LiU j F\El6 i^lTh^AAU FPPuc/tTXiiri f FcCi^^sr Pf piPeuot-rtAJ F€c (l€\ ( /lim b\ra\ n^/tTTtP. yJ/>T /f S/>^D scjwm Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY Government Services Center - 540 West Fir Fergus Falls, MN 56537 PH: 218-998-8095 Otter Tail County's Website: www.co.otter-tail.mn.us June 26, 2011 Timberline Properties, LLC Richard Field, President 29801 Kort Rd Fergus Falls, MN 56537 RE: Conditional Use Permit Application, Devils Lake (56-882) and Mason Lake (56-879) Richard Field: On June 20, 2011, the Planning Commission passed a motion to table your request. Their motion is as follows: A motion by Erickson, second by Maske to table (at the Applicant’s request) to September 12, 2012 to allow the Applicant time to: 1. Provide a hydrology report as suggested by the DNR (letter dated June 19, 2012). 2. Complete the requirements of the County Ditch Authority. Material must be received by Land & Resource by August 24, 2012. If you have any questions, please contact our Office. Sincerely, Marsha Bowman Recording Secretary SCANNED Otter Tail County, Planning Commission June 20, 2012; Page 2 David Wieser et al - Approved With Conditions: A Conditional Use Permit (as stated by the Applicant on the Application): To put in a new roadway 66’ wide for access to lots. All high type ground with no wetlands involved. 600’ long, put in by County Specs, including 3” - 4" gravel top. No brought in fill yards, to use from ditches. 250 cu. yards of class 5 gravel for top of road. 1,500 cu. yards earth moved for road building. This proposal includes a 120’ wide cul-de-sac. The project is located in Pt GL’s 3 & 4, parcels A,B,C,D & E, Section 11 of Maine Township: Pickerel Lake (56-475), RD. Don Schmidt (contractor), Sandra Mathews, David Wieser, Lori Hanson & Keith Hanson represented the Application. Motion: A motion by Boyer, second by Maske to approve as presented, provided there is appropriate erosion control and that the road easement goes to the end of the current (or acquired) property line. Voting: All Members in favor. Timberline Properties. LLC - Tabled to September 12. 2012: A Conditional Use Permit (as stated by the Applicant on the Application): Lower two each existing culverts and dredge channel. Bottom line is to lower water level of Devils Lake and enhance some aquatic plant growth in the drainage wetland. Proposing to lower Devils Lake 22” and we will not be draining Devils Lake below the OHWL. Drawing with full details is available for viewing at the Land & Resource Management Office. Total earthmoving will be 37.9 yd. The project is located in all GLS 4, 5, 7 & 8, NW1/4 SE1/4 & PT GLS 2 & 3 & Sublots D, K, L & H & M (244.59 AC), Section 22 of Elizabeth Township: Devils Lake (56-882), NE & Mason Lake (56-879), NE. Richard Field represented the Application. Steve Erickson expressed concerns regarding the installation of the existing culvert (under the private trail) and the potential for impact on the downstream properties. Cliff Wahlgren stated that the previous owner had the culvert raised and that Devils Lake property owners are experiencing high water problems. Alan Schroeder expressed concerns regarding the effect of the high water on agriculture. Rick West (Interim County Ditch Inspector) informed the Commission that there is a required process for work done in County Ditches. Roger Rustad expressed concerns regarding the effect of the high water of Devils Lake. Motion: A motion by Erickson, second by Maske to table (at the Applicant’s request) to September 12, 2012 to allow the Applicant time to: 1. Provide a hydrology report as suggested by the DNR (letter dated June 19, 2012). 2. Complete the requirements of the County Ditch Authority. Material must be received by Land & Resource by August 24, 2012. Voting: All Members in favor. Mike & Cheryl Harris - Approved As Presented: A Conditional Use Permit (as stated by the Applicant on the Application): Remove selected trees/stumps to level area for home & attached garage, driveway. All material being excavated will be used onsite for fill and approx. 128 yds of sand will be brought in for under house and garage. 50 yards of gravel will be brought in to finish driveway. Home will be a pole-barn home so there will be no basement. The project is located in Auditor Sub Div #114 Lot 4, Section 34 of Dead Lake Township: Dead Lake (56-383), NE. Cheryl and Mike Harris represented the Application. Motion: A motion by Schwartz, second by Wilson to approve as presented. Voting: All Members in favor. SCANNED OTTER TAIL COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Timberline Properties, LLC Richard Field, President 29801 Kort Rd Fergus Falls, MN 56537 APPLICANT: HEARING DATE/LOCATION: June 20, 2012, 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): Lower two each existing culverts and dredge channel. Bottom line is to lower water level of Devils Lake and enhance some aquatic plant growth in the drainage wetland. Proposing to lower Devils Lake 22” and we will not be draining Devils Lake below the OHWL. Drawing with full details is available for viewing at the Land & Resource Management Office. Total earthmoving will be 37.9 yd. LAKE NAME/NUMBER/CLASS: Devils Lake (56-882), NE & Mason Lake (56-879), NE E-911 ADDRESS: 29801 Kort Rd All GLS 4, 5, 7 & 8, NW1/4 SE1/4 & PT GLS 2 & 3 & Sublots D,LEGAL DESCRIPTION: K, L & H & M (244.59 AC), Section 22 of Elizabeth 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 June 6, 2012 Mailing Dat^Chairman Planning Commission ^0 0*< I! f/>^<g T^pCid i i IDevils Lake Culvert #1 existing culvert size 24" X 20' (upstream water ievel@ 1263.3 on11/15/11 iower existing cuivert 22" remove and replace 14.2 yards Devils Lake HWL set Q 1261.1 I6\ 1 IV\ 8 iCOa)\ Tr. r ■: I \ i f//ku^nn^/o\ CO V % \. n i"I I Mid Channel #3 (upstream level @ 1263,3 onl 1/15/11) drege out exlstirrg channel remove 4'W x 16"D x48’L total yds 9.5VEI//LS /LfiKE \II (T/MJbtr/i^^- les, llq. c?/y/5 yj?/;/./f,\Devils Lake Culvert #1 existing culvert size 24" X 20' (upstream water level ® 1263.3 on 11/15/11 lower existing culvert 22" remove and replace 14.2 yards Devils Lake HWL set @ 1261.1 iI ii IiB ; A LAND AND RESOURCE MANAGEMENTOTTER TAIL COUNTY, GOVERNMENT SERVICES CENTER, FERGUS FALLS, MN 56537 STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL ) 1, Marsha Bowman, duly appointed and Acting Secretary of the Otter Tail County Planning Commission for Otter Tail County, Minnesota, do hereby certify that on the—^^sfcday di -LMMLl—, 2012, the attached Notice of Hearing and was duly served upon the following: County Sheriff County Highway Engineer J Otter Tail COLA. PO Box 53, Ottertail City, MN 56571 MPCA, 714 Lake Ave., Suite 220, Detroit Lakes, Mf Courthouse DNR, Julie Aadland, Div. Eco & Water Resources,' Melody Webb, DNR, Trails & Waterways Arlin Schalekamp, DNR, Div. of Fisheries Doug Hedtke, DNR, Div. of Wildlife Planning Commission Members (The above receive all Notices) Lake Improvement District (if project is located on their lake, mail Notices to the Lake Improvement District) roup Lake Imp. Dist, %Fred Manuel, 2627jLOte«on RD, DetroiUjJies-MN 56501 South Turtle Lake: Soutt^I«rrre Lake Imp. Dist., %Bricker & Janet JohnsenJiST^tTfurtle Shore Ln, Uj)£l«T^?o^, MN 56586 Little Pine & Big_^j«er'’’'Pine Lakes Imp. Dist., PO Box 405, P ^LittleMaBCn^, Kerbs & Paul: McDonald Lakes IropTtJjsL! PO Box 133, Perham, MNT'56573 MN 56537 Same Envelope ■ Pelican, Fish, Bass & Little Pelican: Pelicj IN 56573 ^^ity Clerk (if lopatettv^in ^ _______ > ’^NDQflQist'^Office.T^'oiHwv4^WW-BeTr5iU-akesrT;iN.^566ni(if lnn3ted-efrg~Si^e or FedJHtAfy)— iles of Adjacent Cou.jnistrator.unty is irTH=te-“Buffer) - rhenk ''''ebsite fomame/^ddress •—^rlTpr rt^utnty Alrrtitor (nO^'^Y aHfjjtion to their 7QawCT-AgrTi]TiatratotV--daer:k their wobsiteTSNQ^e/a^ Per BK, do not notify individuals within a City Limit ning ress (C^Township Cleri^ake /^s^iation, surveyefti^^^propriate). and ttiose IlyteTon the attached sheet.... 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 owner is “USA”, mail to Fish & Wildlife Service, 18965 Co. Hwy 82, Fergus Falls, MN 56^ 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 01-2012 SCAHHEd PLANNING COMMISSION NOTIFICATION WORKSHEET j .MjJ . L.L(L____Applicant: : ^/r- mi£n9Lake:Meeting Date: Assigned To:Date Assigned: Return By:Completed: V4 Mile (1320’) Conditional Use App % Mile (2640’) Preliminary Plat *Township / County Roads: Sherry (CIS) 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 for Sherry. n lALtiuAui) /IfflL OJU^nJurJ?:! UjJ>j ^3201 Ho djMj ^CUt/K; P M/)itJwh.21 ^hr) S^537 2Z> PCiWorksheet Notification 09/08 Page 1 of 1OTC Parcel GISMO Output- NOT a Legal Document http://www.ottertailcounty.net/servlet/com.esri.esrimap.Esrimap?ServiceName=pc&Clien... 05/23/2012 LIST PARCELS IN BUFFER 05/23/2012 Parcel Number 22000150114000 22000150115000 22000150116000 22000150116003 22000150121000 22000150121001 22000160145000 22000160152001 22000210188000 22000210188001 22000220191000 22000220192000 22000220193000 22000220193001 22000220193002 22000220193003 22000220193004 22000220196000 22000220196001 22000220196002 22000220196003 22000220196004 22000220196005 22000220197000 22000220198000 22000220199000 22000220201000 22000220202000 22000230207000 22000230208000 22000230211000 22000270238000 22000270238002 [. Namel' '' FRANCINE TORGERSON MICHAEL T & CAROL E RENGEL DONALD P HARLES TIMBERLINE PROPERTIES LLC COLIN & JEAN WAHLGREN TIMBERLINE PROPERTIES LLC Street Addr 31452 NORGREN RD 30829 COUNTY HIGHWAY 27 518 4TH ST S 29801 KORT RD 29805 KORT RD 29801 KORT RD Addr2 csz FERGUS FALLS MN 56537 7323 FERGUS FALLS MN 56537 7339 MOORHEAD MN 56560 2621 FERGUS FALLS MN 56537 7347 FERGUS FALLS MN 56537 7347 FERGUS FALLS MN 56537 7347 FERGUS FALLS MN 56537 7347 FERGUS FALLS MN 56537 7322 FERGUS FALLS MN 56537 7322 FERGUS FALLS MN 56537 7349 FERGUS FALLS MN 56537 7339 FERGUS FALLS MN 56537 7347 FERGUS FALLS MN 56537 7349 FERGUS FALLS MN 56537 7349 FERGUS FALLS MN 56537 7347 FERGUS FALLS MN 56537 7347 FERGUS FALLS MN 56537 7347 FERGUS FALLS MN 56537 7345 FERGUS FALLS MN 56537 7347 FERGUS FALLS MN 56537 7347 FERGUS FALLS MN 56537 7347 FERGUS FALLS MN 56537 7347 FERGUS FALLS MN 56537 7347 FERGUS FALLS MN 56537 7339 MINNETONKA MN 55305 2243 FERGUS FALLS MN 56537 7345 SAINT PAUL MN 55104 6292 MINNETONKA MN 55305 2243 FERGUS FALLS MN 56537 7522 FERGUS FALLS MN 56537 7343 FERGUS FALLS MN 56537 7343 FERGUS FALLS MN 56537 7347 FERGUS FALLS MN 56537 8254 C-> CO CARTER T & HEATHER M WAHLGR 29797 KORT RD STANLEY C & CHAD NORGREN 30560 NORGREN RD STANLEY C & CHAD NORGREN CLARK & KATHY WAHLGREN MICHAEL T & CAROL E RENGEL 30829 COUNTY HIGHWAY 27 TIMBERLINE PROPERTIES LLC 29801 KORT RD CLARK & KATHY WAHLGREN CLARK & KATHY WAHLGREN COLIN & JEAN WAHLGREN 30560 NORGREN RD 19279 COUNTY HIGHWAY 10 19279 COUNTY HIGHWAY 10 19279 COUNTY HIGHWAY 10 29805 KORT RD CARTER T & HEATHER M WAHLGR 29797 KORT RD COLIN & JEAN WAHLGREN WALLACE J OLSON KERRY & RENEE L LEMKE COLIN & JEAN WAHLGREN KERRY & RENEE L LEMKE KERRY & RENEE L LEMKE KERRY & RENEE L LEMKE MICHAEL T & CAROL E RENGEL JAMES L ERIKSSON ET AL WALLACE J OLSON ATLANTIS PROPERTIES JAMES L ERIKSSON ET AL JACK F & JANICE NEIGEL CALVIN S & GERALDINE PRESTON 30628 COUNTY HIGHWAY 27 CALVIN S PRESTON CLIFTON O & MARLENE WAHLGRE 29741 KORT RD CRISTI G WAHLGREN FIELD 29805 KORT RD 29999 COUNTY HIGHWAY 27 29865 KORT RD 29805 KORT RD 29865 KORT RD 29865 KORT RD 29865 KORT RD 30829 COUNTY HIGHWAY 27 2305 TOTEM TRL 29999 COUNTY HIGHWAY 27 1598 SELBY AVE 2305 TOTEM TRL 24568 COUNTY HIGHWAY 88 30628 COUNTY HIGHWAY 27 24619 HICKORY RD Page 1 Buffer Mail 05/23/2012 Namel ATLANTIS PROPERTIES JAMES L ERIKSSON ETAL CRISTI G WAHLGREN FIELD DONALD P HARLES KERRY & RENEE L LEMKE (JACK F& JANICE NEIGEL STANLEY C & CHAD NORGREN WALLACE J OLSON CALVIN S PRESTON CALVIN S & GERALDINE PRESTON MICHAEL T & CAROL E RENGEL TIMBERLINE PROPERTIES LLC FRANCINETORGERSON CARTER T & HEATHER M WAHLGREN CLARK & KATHY WAHLGREN CLIFTON 0 & MARLENE WAHLGREN : COLIN & JEAN WAHLGREN BARBARA MELKERT JOANN PRISCHMANN Street Addr ATTN THOMAS E BOEHM JR 1598 SELBY AVE ATTN MARK C ERIKSSON ET AL 2305 TOTEM TRL 24619 HICKORY RD 518 4TH STS 29865 KORT RD Name2 CSZ SAINT PAUL MN 55104 6292 MINNETONKA MN 55305 2243 FERGUS FALLS MN 56537 8254 MOORHEAD MN 56560 2621 FERGUS FALLS MN 56537 7347 24568 COUNTY HIGHWAY 88 FERGUS FALLS MN 56537 7522 30560 NORGREN RD 29999 COUNTY HIGHWAY 27 FERGUS FALLS MN 56537 7345 30628 COUNTY HIGHWAY 27 FERGUS FALLS MN 56537 7343 30628 COUNTY HIGHWAY 27 FERGUS FALLS MN 56537 7343 30829 COUNTY HIGHWAY 27 FERGUS FALLS MN 56537 7339 29801 KORT RD 31452 NORGREN RD 29797 KORT RD FERGUS FALLS MN 56537 7322f ATTN RICHARD FIELD FERGUS FALLS MN 56537 7347 FERGUS FALLS MN 56537 7323 FERGUS FALLS MN 56537 7347 19279 COUNTY HIGHWAY 10 FERGUS FALLS MN 56537 7349 I 29741 KORT RD 29805 KORT RD ELIZABETH TOWNSHIP CLERK 33807 CO HWY 27 CITY OF ELIZABETH CLERK/TREA 19721 COZY POINT DR. FERGUS FALLS MN 56537 7347 FERGUS FALLS MN 56537 7347 ERHARD MN 56534 FERGUS FALLS MN 56537 Page 1 Minnesota Department of Natural Resources rDIVISION OF ECOLOGICAL AND WATER RESOURCES 1509 1^* Avenue North Fergus Falls, MN 56537 (218)739-7576 June 19, 2012 DEPARTMENT OF NATURAL RESOURCES P.ECEIVrO Ji«N / t '^^15 land & Otter Tail County Planning Commission Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537 To Whom it May Concern: TIMBERLINE PROPERTIES, LLC APPLICATION, DEVILS LAKE (56-882) and MASON LAKE (56-879), ELIZABETH TOWNSHIP, OTTER TAIL COUNTY Devils Lake has an Ordinary High Water Level (OHWL) of 1361.1 (NGVD 1929) or 1361.98 (NAVD 1988). In recent years the water level has been as much as 3 feet above the OHWL. Devils Lake has naturally outletted to Mason Lake under these high water conditions. The water from Devils Lake flows through a culvert under a private trail, through a wetland basin, through a short channel, through a second wetland basin, through a culvert under a private road and then on to Mason Lake. The applicant proposes to lower the culverts under the trail and road crossings and excavate some sediment from the channel to lower water levels and enhance the wetlands for wildlife. The proposed work does not require a DNR Public Waters Work Permit provided the culverts stay above the OHWL of Devils Lake which is what is proposed. Lowering the culverts may have water level impacts on Mason Lake and downstream waters that have not been quantified. It would be desirable to have a profile survey and hydrology report to better quantify the downstream impacts of this proposal. One alternative may be for the landowner to maintain the culvert at the outlet of Devils Lake under the private trail as is, and lower the culvert under the private road. This potentially would allow the water level in the wetlands to be lowered and managed for aquatic plants and wildlife benefits while not altering the outlet elevation of Devils Lake. Sincerely, Julie Aadland Area Hydrologist Peter Buesseler, NW Regional Manager Barry Stratton, Southern District Supervisor Richard Field, Land Owner David Holt, Elizabeth Township Supervisor ec: wvra.dni.stote.mn.us _ AN EQUAL OPPORTUNITY EMPLOYERf J PRINTED ON REaCLED PAPER CONTAINING A MINIMUM OF 10% POST-CONSUMER WASTE Minnesota Department of Natural Resources wDIVISION OF ECOLOGICAL AND WATER RESOURCES 1509 l“Avenue North Fergus Falls, MN 56537 (218) 739-7576 June 19, 2012 OEP/WTHENTOF HATUiTALRESOUrrCES Otter Tail County Planning Commission Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537 •'O/J / 0^'0 ^ % STo Whom it May Concern: \> TIMBERLINE PROPERTIES, LLC APPLICATION, DEVILS LAKE (56-882) and MASON LAKE (56-879), ELIZABETH TOWNSHIP, OTTER TAIL COUNTY Devils Lake has an Ordinary High Water Level (OHWL) of 1361.1 (NGVD 1929) or 1361.98 (NAVD 1988). In recent years the water level has been as much as 3 feet above the OHWL. Devils Lake has naturally outletted to Mason Lake under these high water conditions. The water from Devils Lake flows through a culvert under a private trail, through a wetland basin, through a short channel, through a second wetland basin, through a culvert under a private road and then on to Mason Lake. The applicant proposes to lower the culverts under the trail and road crossings and excavate some sediment from the channel to lower water levels and enhance the wetlands for wildlife. The proposed work does not require a DNR Public Waters Work Permit provided the culverts stay above the OHWL of Devils Lake which is what is proposed. Lowering the culverts may have water level impacts on Mason Lake and downstream waters that have not been quantified. It would be desirable to have a profile survey and hydrology report to better quantify the downstream impacts of this proposal. One alternative may be for the landowner to maintain the culvert at the outlet of Devils Lake under the private trail as is, and lower the culvert under the private road. This potentially would allow the water level in the wetlands to be lowered and managed for aquatic plants and wildlife benefits while not altering the outlet elevation of Devils Lake. Sincerely, Julie Aadland > Area Hydrologist Peter Buesseler, NW Regional Manager Barry Stratton, Southern District Supervisor Richard Field, Land Owner David Holt, Elizabeth Township Supervisor ec: www,dnr.5fafe.mn us AN EQUAL OPPORTUNITY EMPLOYER f * PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10% POST-CONSUMER WASTE T" 9 , ’ Date Stamp RECEIVED MAY 2 1 2012 LAND & RESOURCE L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL 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 Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date /(I'cJioAd P(''€slA'eAj-h daytime phone & H-^0 kor-l- Fergucs. FclV\s, /H/O LAKE NUMBER LAKE NAME arJ AIclSPAJ^ PROPERTY OWNER(S) MAILING ADDRESS LAKE CLASS M ^ -OOP-~OGO RANGE 6‘4-3 TOWNSHIP NAMETOWNSHIPSECTION E-911 ADDRESS PARCEL NUMBER M- T^f Atr-e'^ - /VY- fdf KillAll A/tvVy •/ CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) Industrial UseTopographical Alteration___ Commercial Use _ Forest Land Conversion___ Commercial WECS Cluster Development___ Extractive Use Miscellaneous Cuio^i^Vs /l~qjLe^ y — SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. c.culu'€,r^1-s ovocf d'vajo'^^' o-S;: OxyL^ OJOd fKo- d I'd Movqe cod' uf'f(f >e dhtk/yt/^f O h ^ V\l\ • LoajefL Acoo ecccL 1 iaJ'£ I s i~o ca3(x;V’^R- l e/J ^CLAjoe so/nuL o^acL-l-vc. |0la#j f c|roLofL Yv\^dO) 10i II )/0 • ( r I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. Ovr A BATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 345.198 ■ Victor Lund««n Co.. Prtnl«rt • Ftrgus Falls. Minnesota :-iTS9 mj.< r. . % 1 ffiasiiiss:;ftWfliWiaB '/JAt/. A() ^ P?/J /^' SObate Of Piahhihg Commission Hearing Time'. ^ IS Planhihg Cbmhiissibh RecbmitiendatibnI I ? i { Chairhiah/Otter Tail CoUnty Piahhihg CohihriisSibh i ? Gblinty Bbard Actibh Approved As Recommended denied As Recommended Other i-■f-. • k: ■!. ■\ Chaifhiah/Otter Tail Couhty Board of Gohrihnissiohers bate of Fihal Action i 1 GONDitioNAL Use permit # L & R Official/Date Permlt(s) required ffoiti Land & ResbUfce Management _ Ves (Contact Land & Resblircb Mahageitieht) i. No •r Copy bf Applicatibri Mailed to Applicant; Co. Assessor and MN DNR bk 07201 i-006 5 L & R Official/Date : ••• i _ < YiX I Devils Lake Culvert #1 existing culvert size 24" X 20' (upstream water level @ 1263.3 on 11/15/11 lower existing culvert 22" remove and replace 14.2 yards Devils Lake HWL set @ 1261.1 I f\/\ \*i. \mlt' \\V Il aC^ U/^TL\■1 \ &\a \ \ta w\\V.\ \sI li \1 i 1 \f /3js: \ ^ \ tf.Mid Channel #3 (upstream level @ 1263.3 onl 1/15/11) drege out existing channel remove 4'W x 16"D x48'L total yds 9.5 Ia'r9) I \ I D£^//.S * cd 2 / (roperf I'es, Luz. it^ 1 I \I \1Devils Lake Culvert #1 existing culvert size 24" X 20' (upstream water level ® 1263.3 on 11/15/11 lower existing culvert 22" remove and replace 14.2 yards Devils Lake HWL set @1261.1 i ■i iIIsi! •(/a ; /£ I;V f\I//v' t 5‘45 25' ‘44 520 000 5>43 ^ 5142 5141 5i40OOOm.|\|, 46°22';2'30" 96°07'30"m m1 530 000 FEET Mapped, edited, and published by the Geological Survey Control by USGS and NOS/NOAA Topography by photogrammetric methods from aerial photographs taken 1972. Field checked 1973 Hydrography compiled from information furnished by Minnesota Department of Natural Resources 772 FERGUS FALLS 6 NIL5'(FERGUS FALLS) 6776 I SFSCALE 1:24 000 '28 Rl43 W R 42 W'27 2'30"IN TERIOP —'jeOLOGICAL SURVEV. RESTON, /lOGINIA- 979 96”00''30“™"'E. %-ROAD CLASSIFICATIONi121 MILE ’-i<Primary highway. hard surface......... Secondary highway, hard surface ......... Light-duty road, hard or improved surface....== MN 1000 0 1000 2000 3000f 4000 5000 6000 7000 FEET "LGN 1 .5 0 1 KILOMETRE 7^*Unimproved road....======= Interstate Route U. S. Route State Route CONTOUR INTERVAL 10 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 2*08^ 1 T 38 MILS 1 /133 MILS 87SS78 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify was filed/recorded in this office for record on the ^ day of _2001 attZi^an^r^ Wendy ls^Metcalf,J5oijnty Recoider ^ by; I .'wl /iA \ /y'y 1 D^ety-- 19 c-^yM ‘^recording ieq! _________^weil certificate No delinquent taxes and transfer entered; Certificate of Real Estate Value { filed () not required. Certificate of Real Estate Value No. v this instrument # iF’ (Year)Wayne Stein, County Auditor by Deputy 'C.: /rr'X / —-X’ of ------ dJ / </ --- v ' —Warranty Deed Individual(s) to Individual = ^ ?'''' \}jQ ^ STATE DEED TAX DUE HEREON; $495.00 Date; January 3, 2001 FOR VALUABLE CONSIDERATION, Mathew R., Prettyman and Barbara A. Prettyman, husband and wife; Scot E. Prettyman and Kari L. Prettyman, husband and wife; Luke A. Prettyman and Kelly D. Prettyman, husband and wife and Jon E. Prettyman and Ann M. Prettyman, husband and wife, Grantors, hereby convey and warrant to Timberline Properties, LLC real property in Otter Tail County, Minnesota, described as follows; Tract A; That part of Sublots K and P of the State Sublot Plat of Lake Mason in Section 15, Township 134 North, Range 43 West, on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota, and part of Government Lot 6 of said Section 15, and part of Tracts 37 and 38 of said Section 15, and part of Sublots D, H, K, L and M of the State Sublot Plat of Lake Mason in Section 22, Township 134 North, Range 43 West, on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota, and part of Government Lots 2, 3, 4, 5 and 7 of said Section 22, all of which is described as follows; Commencing at the Southeast corner of said Section 22; thence South 88‘’07'44" West (Assumed Bearing) along the South Line of said Section 22 a distance of 1311.33 feet to the Southeast corner of Government Lot 9 of said Section 22; thence North 0r40’55" West along the East Line of said Government Lot 9 and the East Line of the Northwest Quarter of the Southeast Quarter of said Section 22 a distance of 2643.13 feet to the Southeast comer of said Governments Lot 5; thence North 01 °17'02" West along the East Line of said Government Lot 5 a distance of 617.58 feet to the point of beginning; thence South 86°30'41" West a distance of 1127.17 feet; thence westerly along a tangential curve coricave to the north a distance of 192.83 feet, said curve having a central angle of 11“19'29" and a Radius of 975.57 feet; thence North 82°09'50" West tangent to the last described curve a distance of 131.60 feet; thence South 03'’16*45” West a distance of 323.37 feet; thence North 86°43'15" West a distance of 995.56 feef thence South 23“58'00" West a distance of 915.02 feet; thence South 27°14’09" West a distance of 494.02 feet; thence South 74°27'37" East a distance of 150.48 feet; thence South 49°29’49" East a distance of 113.06 feet; thence South 04°21 '46" West a distance of 239 feet more or less m' to the shoreline of Devils Lake; thence northwesterly, and thence northerly, and thence easterly, and thence northeasterly, and thence northerly, and thence northwesterly, and thence southerly, and thence southwesterly, and thence westerly following along said shoreline a distance of 3590 feet more or less to its intersection with the West Line of said Government Lot 3; thence North 02°28'56" West along said West Line to a point located South 02°28'56" East and distant 2480.96 feet from the Northwest corner of said Section 22; thence South 87°31'07" East a distance of 649.06 feet; thence North 37“04'09" East a distance of 673.14 feet; thence North 00°50'40" West a distance of 2997.83 feet to the North Line of said Sublot P; thence North 87°35'27" East along said North Line a distance of 179.86 feet to the Northeast corner of said Subiot P; thence South 01 °11 '39" East along the East Line of said Sublot P a distance of 491.84 feet to the Southwest comer of Sublot S of said Section 15; thence North 87°39'58" East along the South Line of said Sublot S a distance of 329.51 feet to the Southeast corner of said Sublot S; thence North 01°12'51" West along the East Line of said Sublot S a distance of 164.09 feet to the most Northerly Lineof Sublot K of said Section 15; thence North 87°38'27" East along the North Line of said Sublot K a distance of 988.37 feet to the Northeast corner of said Sublot K; thence South 01“16'29" East along the East Line of said Sublot K a distance of 658.09 feet to the Northeast corner of Sublot H of said Section 22; thence South 01 °29'02" East along the East Line of Sublots H and K of said Section 22 a distance of 1308.41 feet to the Northwest corner of said Sublot D of Section 22; thence North 87°42'50" East along the North Line of said Subiot D a distance of 948 feet more or less to its intersection with the shoreline of Lake Mason; thence northeasterly, and thence easterly, and thence southeasterly following along said shoreline a distance of 545 feet more or less to its intersection with the East Line of Government Lot 5 of said Section 22; thence South 01°17'02" East along said East Line a distance of 818 feet more or less to the point of beginning. Together with and subject to a 66.00 foot Easement for ingress and Egress purposes. The centerline of said Easement is described as follows: Commencing at the Southeast corner of Government Lot 9 of said Section 22; thence South 88°07'44" West along the South Line of said Government Lot 9 a distance of 24.39 feet to the point of beginning of said centerline; thence North 01 '’40'55" West a distance of 2652.96 feet; thence northwesterly along a tangential curve concave to the west a distance of 166.16 feet, said curve having a central angle of 29®45'38" and a Radius of 319.90 feet; thence North 31 °26'32" West tangent to the last described curve a distance of 217.20 feet; thence northwesterly along a tangential curve concave to the southwest a distance of 312.81 feet, said curve having a central angle of 47“44'49" and a Radius of 375.36 feet; thence North 79°11 '21" West tangent to the last described curve a distance of 62.41 feet; thence westerly along a tangential curve concave to the south a distance of 149.22 feet, said curve having a central angle of 14°17'58" and a Radius of 597.91 feet; thence South 86°30'41" West tangent to the last described curve a distance of 493.35 feet; thence westerly along a tangential curve concave to the north a distance of 199.35 feet, said curve having a centra! angle of 11°19'29" and a Radius of 1008.57 feet; thence North 82°09'50" West tangent to the last described curve a distance of 144.23 feet; thence westerly along a tangential curve concave to the south a distance of 147.21 feet, said curve having a central angle of 26'’59'44" and a Radius of 312.45 feet; thence South 70°50'26" West tangent to the last described curve a distance of 478.34 feet; thence westerly along a tangential curve concave to the north a distance of 168.49 feet, said curve having a central angle of 18°40'56" and Radius of 516.74 feet; thence South 89°31 ’23" West tangent to the last described curve a distance of 274.39 feet; thence South 81°52'09" West a distance of 271.47 feet; thence westerly along a tangential curve concave to the north a distance of 146.99 feet, said curve having a central angle of 28°02'21" and a Radius of 300.37 feet; thence North 70°05'31" West tangent to the last described curve a distance of 36.83 feet to the westerly line of the afore described parcel of land and said centerline there terminating. The sidelines of said Easement are to be lengthened or shortened to terminate on the westerly line of the afore described parcel of land. Except any part thereof which lies easterly of the East Line of said Government Lots 5 and 9 and of which lies easterly of the East line of the Northwest Quarter of the Southeast Quarter of said Section 22. Tract B: That part of Government Lots 4, 5, 7 and 8 and the Northwest Quarter of the Southeast Quarter ail in Section 22, Township 134 North, Range 43 West, Otter Tail County, Minnesota described as follows; Beginning at the Southeast Corner of said Government Lot 5; thence North 01°17'02" West (Assumed Bearing) along the East Line of said Government Lot 5 a distance of 617.58 feet; thence South 86"30’4r West a distance of 1127.17 feet; thence westerly along a tangential curve concave to the north a distance of 192.83 feet, said curve having a central angle of 11°19'29" and a Radius of 975.57 feet; thence North 82“09'50" West tangent to the last described curve a distance of 131.60 feet; thence South 03°16'45" West a distance of 323.37 feet; thence North 86°43'15" West a distance of 995.56 feet; thence South 23°58'00" West a distance of 915.02 feet; thSence South 27°14’09" West a distance of 494.02 feet; thence South 74°27'37" East a distance of 150.48 feet; thence South 49°29'49" East a distance of 113.06 feet; thence South 04“2T46" West a distance of 239 feet more or less to the shoreline of Devils Lake; thence southeasterly along said shoreline a distance of 1787 feet more or less to its intersection with the East Line of said Government Lot 8; thence North 01 °29'02" West along the East Line of said Government Lot 8 a distance of 722 feet more or less to the Northeast Corner of said Government Lot 8; thence North 87'’54'30" East along the South Line of said Northwest Quarter of the Southeast Quarter a distance of 1306.81 feet to the Southeast Corner of said Northwest Quarter of the Southeast Quarter; thence North 01 ®40'55" West along the East Line of said Northwest Quarter of the Southeast Quarter a distance of 1321.57 feet to the point of beginning. Together with and subject to a 66.00 foot Easement for Ingress and Egress purposes. The centerline of said Easement is described as follows; Commencing at the Southeast Corner of Government Lot 9 of said Section 22; thence South 88°07'44" West along the South Line of said Government Lot 9 a distance of 24.39 feet to the point of beginning of said centerline; thence North 01“40'55" West a distance of 2652.96 feet; thence northwesterly along a tangential curve concave to the west a distance of 166.16 feet, said curve having a central angle of 29°45'38" and a Radius of 319.90 feet; thence North 31 °26'32" West tangent to the last described curve a distance of 217.20 feet; thence northwesterly along a tangential curve concave to the southwest a distance of 312.81 feet, said curve having a central angle of 47‘’44'49" and a Radius of 375.36 feet; thence North 79°11'21" West tangent to the last described curve a distance of 62.41 feet; thence westerly along a tangential curve concave to the south a distance of 149.22 feet, said curve having a central angle of 14°17'58" and a Radius of 597.91 feet; thence South 86°30'41" West tangent to the last described curve a distance of 493.35 feet; thence westerly along a tangential curve concave to the north a distance of 199.35 feet, said curve having a central angle of 11°19'29" and a Radius of 1008.57 feet; thence North 82“09'50" West tangent to the last described curve a distance of 144.23 feet and said centerline there terminating. Excluding that part thereof which lies easterly of the East Line of Government Lot 9 of said Section 22 and excluding that part thereof which lies easterly of the East Line of the Northwest Quarter of the Southeast said shoreline to a point which is 150.00 feet East of said West line; thence South parallel with said West line and distance 150.00 feet therefrom, to the point of intersection with the northerly right-of-way line of said Otter Tail County State Aid Highway No. 22; thence southwesterly along the said northerly right-of-way line to the point of beginning. (Said premises also being described as the West 150.00 feet of those parts of Government Lot 1 of Section 18 and Government Lot 4 of Section 7, Township 134 North, Range 42 West lying South of the waters edge of Long Lake and North of the right-of-way line of Otter Tail County State Aid Highway No. 22, said 150.00 feet being measured from the West line of said Township 134 North, Range 42 West. Together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions; NONE The seller certifies; 0 Well certificate attached hereto. (X) That there no known wells on the above described property. 0 that there are no changes in the number or status of wells since the last known well certificate filed. ■•''X X / /T' /Mathew R.;Prettyman' //•' /■'[ aJM'IQ/'Aj / ; Barbara A. Prettyman / i Scot E. Prettyman Kari L. Prettyman - GlC./ Luke A. Prettyman i./ Kelly D. Prettyitian ; • ^ -. ■ Jon.E^yPrettyman*/// //,/ YL mnAnrr M. Pretty man STATE OF MINNESOTA 0c\ /'^ i-COUNTY OF !I IVTheforegoing instrument was acknowledged before me this 27^ day of December, 2000 by Mathew R. Prettyman and Barbara A. Prettyman, husband and wife, Grantors. /J Y 1/ if f) / Notary Publicy 'y Notarial Stamp or Seal < Jeffrey H. Swanson : ► Notary f’ublic ► ‘ Minnesota MyL'g.-n!::aaanStpi:esJan.31.20eS ‘ My Commission Expires: ► STATE OF MINNESOTA COUNTY OF i T— —day of December,The foregoing instrument was acknowledged before me this 2000 by Scot E. Prettyman and Kari L. Prettyman, husband and wife, Grantors. ‘ .. .'I' s- Noiary Public!/ Notarial Stamp or Seal My Commission Expires: ^ -A ^ A ^ A lAi Jeffrey H. Swanson ► Notary Public > Minnesota ’ > r:y0.'’5:'r.iis;‘:ian Expires J2n. 31.2005 ?