HomeMy WebLinkAbout22000990539000_Variances_11-14-2013\WH\201^
DOC# 1137074 li
1137074
Fee; $46.00
Well Certificate [ ] Rec'd
OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY, MINNESOTADate Stamp
aECEweo
SEP 1 9 20t3
Certified, Filed, and/or Recorded:
November 20, 2013 11;30AM
Brian Armstrong, Recorder
Returned To:
LAND & RESOURCE
By: NDB
L&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
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
Day) r)S'3o-3i£)9 - f393PROPERTY OWNER DAYTIME PHONE
34^73V 0/5 Ly,
lake name CT'__________
MAILING ADDRESS
&J1LAKE NUMBER LAKE CLASS
maSECTIONTOWNSHIP RANGE TOWNSHIP NAME
PARCEL
NUMBER
E-911
ADDRESS110^0 99 OS'3 9Od?0
If
TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback Structure Size Sewage System Subdivision Cluster WECS Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION. .
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sPf >n^ii o n p P^f f y -__________________
h.
CaTnf'yj/oifience
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR
WECS ORDINANCE OF OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT RB6aRDING THIS MATTER.
- 13
SIGNATUFTE OF PROPERTY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
- • 'ters ■ f e^giis F alls Minnesota
I
X -■i
Date Of Hearing /<P Time
/?/n/V
Motion
David Rudh - Approved as shown on the revised plan. (8:37 p.m.)
October 10, 2013 meeting - The audience was polled with no one speaking for or against the variance as requested. After
discussion and consideration, Ttiomas Lee made a motion, second by Marion Gill and unanimously carried, to table, as verbally
requested by the applicant, this hearing until the next scheduled meeting of the Board of Adjustment so that the applicant can
provide a more detailed/specific plan for the Board’s consideration. November 14, 2013 - Michael Rudh and Rick Leitch
represented the applicant at the public hearing. It was noted that the applicant provided the board with the information that was
requested at the October meeting. After consideration and discussion, Michael Harris made a motion, second by Ward Uggerud
and unanimously carried, to approve a 12’ variance from the required road right-of-way setback of 20’ for the placement of the
proposed development as depicted on the revised drawings received on October 24, 2013 by the Land and Resource Department
8’ from the road right-of-way. A copy of minutes from Elizabeth Township approving the proposed development was provided at
the public hearing and placed in the applicant’s file.
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
LR Official/Date
bk 072011-001
November 14/2013
Page # 5
Tom and Barb Estrem - Approved the variance application as requested. (8:16 p.m.)
Tom and Barb Estrem, part of Lot 54 and all of Lots 55, 56, 57, 58, 59 and 60 Sater-Humphrey Ranch Camp, Ten
Mile Lake in Tumuli Township, requested the following; Proposed sewer/drain field to be installed into the existing
road right-of-way. Sewer will be setback 20’ from the new proposed road right-of-way. Home will extend into the
existing right-of-way by 15’. This point will be setback 45 plus feet from new proposed road right-of-way. New road
right-of-way will be 33’ from the center of road extending into lot. All new corners of home will be setback a minimum
of 20’ from that point. Troy with Prairie Builder appeared with the applicant at the public hearing. The audience was
polled with no one speaking for or against the variance as requested. After discussion and consideration, Thomas
Lee made a motion, second by Steve Schierer and unanimously carried, to approve the variance as requested in the
variance application dated October 23, 2013 and as depicted on the drawing which was submitted with the variance
application and dated as of October 23, 2013. It should be noted and understood that the variances being granted
are being granted from the existing road right-of-way, which is the area on the submitted drawing identified as “AREA
TO BE VACATED”. The variances being granted are not being granted from the area on the submitted drawing
identified as “PROPOSED NEW ROAD RIGHT OF WAY.” Hardship/practical difficulty is the unique shape of the lot,
the location of the road right-of-way, and the location of the actual road. The variances as approved to not directly or
indirectly grant any other variance for the proposed development or for any future development. The variances as
grant will not alternate the general character of the neighborhood and will provide the applicants with an ability to
enjoy the same rights and privileges as others in this immediate area.
/ David Rudh - Approved as shown on the revised plan. (8:37 p.m.)
David Rudh, Lot 12 Block 1 Coleman’s Third Addition, Jewett Lake in Elizabeth Township, requested a variance of 18’
from required road right-of-way setback of 20’ for the building of a house 2’ from the road right-of-way. Proposed
project will comply with impervious coverage requirements. Variance required due to high ground water and springs
on property. October 10, 2013 meeting - The audience was polled with no one speaking for or against the variance
as requested. After discussion and consideration, Thomas Lee made a motion, second by Marion Gill and
unanimously carried, to table, as verbally requested by the applicant, this hearing until the next scheduled meeting of
the Board of Adjustment so that the applicant can provide a more detailed/specific plan for the Board’s consideration.
November 14, 2013 - Michael Rudh and Rick Leitch represented the applicant at the public hearing. It was noted
that the applicant provided the board with the information that was requested at the October meeting. After
consideration and discussion, Michael Harris made a motion, second by Ward Uggerud and unanimously carried, to
approve a 12’ variance from the required road right-of-way setback of 20’ for the placement of the proposed
development as depicted on the revised drawings received on October 24, 2013 by the Land and Resource
Department 8’ from the road right-of-way. A copy of minutes from Elizabeth Township approving the proposed
development was provided at the public hearing and placed in the applicant’s file.
Ruth R. Schnarr- Approved the variance application as modified. (8:45 p.m.)
Ruth R. Schnarr Trust, Lot 4 Birch Dale Resort, Wymer Lake in Hobart Township, requested the following: proposed
deck to be 30’ from shoreline. Required setback is 100’. October 10, 2013 meeting - The audience was polled with
no one speaking for or against the variance as requested. After discussion and consideration, Thomas Lee made a
motion, second by Marion Gill and unanimously carried, to table, as requested in writing by the applicant, this hearing
until the next scheduled meeting of the Board of Adjustment. The applicant and the applicant’s representative were
both out of the area and unable to attend the schedule meeting. November 14, 2013 meeting - Jim Blaine
represented the applicant at the public hearing. After discussion and consideration, Paul Larson made a motion,
second by Steve Schierer and unanimously carried, to permit the construction of a deck on the lakeside of the existing
dwelling, which can extend no more than 10’ towards the lake.
♦
Elizabeth Township Board held the regular monthly meeting, November 12, 2013. at 7:00
PM at the Elizabeth Community Center, David Holt, Edwin Carlson, Gaylen Skistad, Kathy
Wahlgren, Jim Ott and Barbara Melkert, were present.
The meeting was called to order by the Chairman Edwin Carlson with the recitation of the
Pledge of Allegiance
Clerks’ minutes of last months’ meeting were read and approved.
Treasurers report was presented.
Mike Rudh attended representing David Rudh, he presented the plans showing the location
of the house on Lot # 12 on the Cul De Sac on East Jewett Drive. Referring back to the
September 10 minutes of the Township Board. At that meeting a motion was passed
allowing David to build a home no closer than two feet to the Township Road right of way,
final approval given after a plan showing actual building location is shown to the Town
Board. Mike presented this plan to the Town Board and the Board approved the plan.
Collin Wahlgren presented a petition asking for the Township to take over a part of Kort
Trail as a Township Road. An order will be made setting the date for a hearing on this road
at the road site, at 6:00 PM April 8, 2014.
All bills were paid and a copy is attached to these minutes.
The Ziegler bill fi’om last month was a mistake and we do not have to pay it.
Resolution was passed to reserve 50 yards salt/sand fi'om the county, David made this
motion and Gaylen seconded it, this will be sent to the County Engineer and a copy is
attached to these minutes.
West Otter Tail Coimty Township Officers meeting is set for Tuesday November 19, at 7:00
PM at the Otter Tail Power Rooms.
Clerk presented miscellaneous correspondence.
Meeting adjourned at 8:07 PM.
Barbara Melkert, clerk
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APPLICATION FOR GRADE & FILL PERMIT
LAND & RESOURCE MANAGEMENT, COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537
218-998-8095
www.co.otter-tail.mn.us
Permit No.PLEASE PRINT OR TYPE ALL INFORMATION
LAKE/RIVER # LAKE/RIVER NAME SECTION RANGE TWP NAMELAKE/RIVER
CLASS
TWP. NO.
PROPERTY (E-911) ADDRESSPARCEL NUMBER(S)
LEGAL DESCRIPTION
DAYTIME Phone No.First Initial Mailing AddressLast Name
Property
Owner
lg ri________
PH TV 77/=='^Contractor
Name
Lie. #
Date Stamp
NOTES: 1. The lotlines and project area(s) must be staked.
2. If project disturbs more than 1 acre of land you
are required to obtain a General Storm Water
Permit from the MPCA.
L&R Initial
PROJECT REQUEST (You may use the grid on back for required scale drawing):
DESCRIBE YOUR PROJECT(S):
rjruf-
ClC^/C. i iy i/— (' 0
1}olC{6 /V
-TT-i' Soi-TLPcJtX/fl- c^fL, ^
DETAILED INFORMATION:
AREA TO BE CUT/EXCAVATED:Yds^Ft. - 27 =Ft. XFt. X
Ave. DepthWidthLength
Yds^Ft. 27 =WALK-OUT BASEMENT PROJECTS:
(Outside of the building foundation)
Ft. X Ft. X
Ave. Depth
7 Y Ft. X Ft. X a..C Ft.
Ave. Depth
TOTAL EARTHMOVING REQUESTED =
WidthLength
Yds^AREA TO BE FILLED/LEVELED: %
Do'ir-e LCL-s'^ 3S~y
-27 =
3^WidthLength//O 10 3£-Yds^
Distance From Foundation
2S~ Ft.
Max. Depth
Ft.BACKFILL AT FOUNDATION:
yCULVERT: If Yes, must indicate size and location on drawing.
Yes
%%IMPERVIOUS SURFACE: Existing Proposed
Scale Drawing along with detailed impervious surface calculation must accompany this Application.
*
RECEIPT NUMBERDATESIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER
October 10, 2013
Page # 3
Bryce and Julie Anderson - Variance application approved as requested. (7:25 p.m. - Continued)
The audience was polled with no one speaking for or against the variance as requested. A letter from Anita Olson in
support of the variance as requested was read for the record. After discussion and consideration, Paul Larson made
a motion, second by Marion Gill and unanimously carried, to approve a variance of 13' from the required ordinary high
water level setback of 100’ for the placement of an addition 87’ from the ordinary high water level as depicted on the
drawing submitted with the variance application. The variance as approved does not restrict the view from the
adjacent property and it will provide the applicants with a reasonable use of their property.
yOavid Rudh - Tabled per applicant’s verbal request. (7:35 p.m.)
David Rudh, Lot 12 Block 1 Coleman's Third Addition, Jewett Lake in Elizabeth Township, requested a variance of 18’
from required road right-of-way setback of 20’ for the building of a house 2’ from the road right-of-way. Proposed
project will comply with impervious coverage requirements. Variance required due to high ground water and springs
on property. The audience was polled with no one speaking for or against the variance as requested. After
discussion and consideration, Thomas Lee made a motion, second by Marion Gill and unanimously carried, to table,
as verbally requested by the applicant, this hearing until the next scheduled meeting of the Board of Adjustment so
that the applicant can provide a more detailed/specific plan for the Board’s consideration.
Darin and Brenda Prochnow - Approved the variance application as requested. (7:53 p.m.)
Darin and Brenda Prochnow, Lot 10 Stalker View Acres and part of Government Lots 1 and 2, Section 27 of
Tordenskjold Township by Stalker Lake, requested the following: Propose to add addition (28’ by 38’) to existing
cabin being in-line at 54’-55’ from ordinary high water level. Required setback is 100’. Existing drain field will be
destroyed and new drain field installed meeting all setbacks as designed by Johnny Torgrimson. The audience was
polled with no one speaking for or against the variance as requested. After discussion and consideration, Michael
Harris made a motion, second by Marion Gill and unanimously carried, to approve the proposed development as
stated in the application dated September 19, 2013 and as depicted on the drawing submitted with the variance
application. The proposed addition will be no closer to the ordinary high water level than the front of the existing
structure. It should be noted that the variance as approved does not directly or indirectly grant any other variances
for the proposed development or for any future development. It was noted that the existing deck can be maintained.
James and Tammy Martinson - Approved the variance application as requested. (7:58 p.m.)
James and Tammy Martinson, Lot 6 Stuart Lake Park, Stuart Lake in Girard Township, requested the following: We
are submitting for your consideration, a variance request of five feet from the twenty foot road right-of-way setback
requirement for the purpose of constructing an attached garage, size 24’ by 28’, which is standard not oversized.
Richard Hochstein, Contractor appeared with the applicants at the public hearing. The audience was polled with no
one speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a
motion, second by Thomas Lee and unanimously carried, to approve a variance of 5’ from the required road right-of-
way setback of 20’ for the construction of a 24’ by 28’ garage 15’ from the road right-of-way. The variance as
approved will allow the applicants to enjoy the same rights and privileges as others in this immediate area. Also this
variance approval allows the office to amend existing Site Permit No. 27313 to reflect a 24’ by 28’ garage instead of a
24’ by 26’ garage.
Ruth R. Schnarr - Tabled per applicant’s written request. (8:03 p.m.)
Ruth R. Schnarr Trust, Lot 4 Birch Dale Resort, Wymer Lake in Hobart Township, requested the following: proposed
deck to be 30’ from shoreline. Required setback is 100’. The audience was polled with no one speaking for or
against the variance as requested. After discussion and consideration, Thomas Lee made a motion, second by
Marion Giil and unanimously carried, to table, as requested In writing by the applicant, this hearing until the next
scheduled meeting of the Board of Adjustment. The applicant and the applicant’s representative were both out of the
area and unable to attend the schedule meeting.
With no further business, Steve Schierer, Chairman declared the meeting adjourned at 8:05 p.m.
illPrepared by:
Wayne Stenil, Secretary
The minutes were mailed on Saturday, October 12, 2013 to the Otter Tail County Board of Adjustment. Official action
regarding these minutes will be taken by the Board of Adjustment at their next regularly scheduled meeting.
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IMPERVIOUS SURFACE CALCULATION WORKEHEET
EXISTING Onsite Impervious Surface
Building Impervious Surface Calculation - Not to Exceed 20%
Building(s) - Total Square Footage fF
fFLot Area
X 100 =%
Building Area Lot Area Building Surface Ratio
EXISTING Lot Area Covered By Building(s)■t %
Total Impervious Surface Calculation - Not to Exceed 25%
fFBuilding(s)
fFDeck(s)
fFPatio(s)
Sidewalk(s)Ft
FFStairway(s)
FFLanding(s)
FFDriveway(s)
FFRetaining Wall(s)
FFLandscaping (Plastic Barrier)
Other FF
FFTotal Impervious Surface
FFLot Area
X 100 =%
Total Impervious Surface Lot Area Irnpe ■vious Surface Ratio
EXISTING Lot Area Covered By Impervious Surface %
r
PROPOSED Onsite Impervious Surface
Building Impervious Surface Calculation - Not tojExceed 20%
Building(s) - Total Square Footage
Lot Area
fF
FF
X 100 =%
Building Area Lot Area Building Surface Ratio
PROPOSED Lot Area Covered By Building(s)%
Total Impervious Su^rface Calculation - Not to Exceed 25%
Building(s)
Deck(s)
FF
FF----O FFPatio(s) _
Sidewalk(s)
Stairway(s)}FF
FF
FFLanding(s)
FFDriveway(s)received
SEP 1 9 20'3
land & RESOURCE
fFRetaining Wall(s)
FFLandscaping (Plastic Barrier)
FFOther
FFTotal Impervious Surface
FFLot Area
X 100 =%i
Total Impervious Surface Lot Area Impervious Surface Ratio
PROPOSED Lot Area Covered By Impervious Surface %
PROPOSED CHANGE IN IMPERVIOUS SURFACE :0//o
Impervious Surface Calculalion Worksheel 06-07-2013
I.l.Elizabeth Township Board held the regular monthly meeting September 10 , 2013
at 8:00 PM at the Elizabeth Community Center.
David Holt, Edwin Carlson, Gaylen Skistad, Kathy Wahlgren, Jim Ott and Barbara
Melkert were present.
The meeting was called to order by the Chairman Edwin Carlson with the
recitation of the Pledge of Allegiance.
Clerks minutes of last months meeting were read and approved.
Treasurers report was presented.
All bills were paid and a copy is attached to these minutes.
David Rudh owning property on East Jewett Drive attended asking permission to
build a home close to Township road right of way. David made a motion to allow
David to build a home no closer than two feet to the road right of way of the Cul
De Sac on East Jewett Drive on Lot #12, final approval given after a plan showing
actual building location is presented to the Town Board. Gaylen seconded the
motion, the motion carried.
Blading was discussed. A culvert was purchased for property being built on on
Glacier Ridge Road. Washing issues on Forest Lodge Road were discussed.
Gaylen made a motion to send the $300 to the State Auditor for Version 8 of
CTAS, David seconded it, the motion carried.
David made a motion that the township does not offer health care insurance to
employees under the new government health care plan, Gaylen seconded it, the
motion carried. The Township has this option because it has less than 50
employees.
Clerk presented miscellaneous correspondence.
Meeting adjourned at 9:45PM
RECEIVED
SEP 1 9 2013
Barbara Melkert, clerk
land S; resource
a o
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510 Fir Ave W
Fergus Falls, MN 56537
(218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
David Rudh
34734 Big McDonald Lane
Dent, MN 56528
has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail
County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance and/or the Subdivision Controls Ordinance.
The Otter Tail County Board of Adjustment will assemble for this hearing on
Thursday, October 10, 2013 at 7:30 p.m.J
in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public
entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) Individuals
requiring special accommodations should contact the County Auditor’s office prior to the date of the public hearing.
The property concerned in the application is legally described as
Lot 12 Block 1 Coleman’s Third Addition,
Property Address - Adjacent to 31263 Jewett Drive E
Section 13, Township 134, Range 43 - Township Name - Elizabeth
Lake No. 56-877, Lake Name - Jewett, Class - GD
The variance requested is -
a variance of 18’ from required road right-of-way setback of 20’ for the building of a house 2’ from the road right-of-way. Proposed
project will comply with impervious coverage requirements. Variance required due to high ground water and springs on property.
‘Wayne Stein
Board of Adjustment Secretary
Date: September 20, 2013
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 23rd, day of September, 2013 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
David Rudh, 34734 Big McDonald Lane, 34734 Big McDonald Lane, Dent, MN 56528
Jewett Lake Assoc., Neal Funkhouser, 20639 Oakwood Dr, Fergus Falls, MN 56537
Barbara Melkert, Twp Clerk of Elizabeth, 33807 County Highway 27, Erhard, MN 56534
Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515
Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537
Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537
Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576
Marion Gill, 40122 Aerovilla Rd, Perham, MN 56573
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: September 23, 2013
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
"'Vl - J)c5By:
Vi Manderud
i
NORMAN & SIDONNA M BRADOW
1509 OPPERMAN LN
FERGUS FALLS, MN 56537 1767
RYAN S & LEAH A ANDERSON
31073 JEWETT DR E
FERGUS FALLS, MN 56537 7338
CHRISTOPHER TIONGSON LLC
3117 38TH AVE S
FARGO, ND 58104 7038
LEE A & KIRSTEN RUDH DANIELSON
31263 JEWETT DR E
FERGUS FALLS, MN 56537 7338
JAMES K & BONNIE J IVERSON
31099 JEWETT DR E
FERGUS FALLS, MN 56537 7338
BRUCE A&JUDYAKIELB
31277 JEWETT DR E
FERGUS FALLS, MN 56537 7338
MITCHELL & L FAM TST OKERSTROM
31051 JEWETT DR E
FERGUS FALLS, MN 56537 7338
JOSEPH & CYNTHIA J MURRAY
616 BEECH AVE E
FERGUS FALLS, MN 56537 1624
KAY PECK
20349 HARMONY RD
FERGUS FALLS, MN 56537 7340
DAVID RUDH
775 CYPRESS AVE E
REDDING, CA 96002 1025
SWEDERTST
31157 JEWETT DR E
FERGUS FALLS, MN 56537 7338
ELIZABETH A ROYAL
8265 SOUTHERN AVE E #374
MESA, AZ 85208 3536
MERLYN D & LYNN M SWENSON
21568 COUNTY HIGHWAY 22
FERGUS FALLS, MN 56537 7309
SHARON ZUMWALDE
31303 JEWETT DR E
FERGUS FALLS, MN 56537 7338
(Top 3 inches reserved for recording data)
CONTRACT FOR DEED
by Individual(s)
DATE: C 2013
THIS CONTRACT FOR DEED (the “Contract”) is made on the above date by JAMES 0. TONNESON and
CAROLYN H. TONNESON, husband and wife, (“Seller”), and DAVID A. RUDH (“Purchaser”). (Check box if
n joint tenancy.)
Seller and Purchaser agree to the following terms:
1. Property Description. Seller hereby sells and Purchaser hereby buys real property in Otter Tail
County, Minnesota, described as follows:
Lot Twelve (12), Block One (1), Colman’s Third Addition
Check here if all or part of the described real property is Registered (Torrens) O
together with all hereditaments and appurtenances belonging thereto (the “Property”). Unless otherwise
specified. Seller hereby delivers possession of the Property to Purchaser on the date hereof.
Check applicable box:
X The Seller certifies that the Seller does not know of
any wells on the described real property.
2. Title. Seller warrants that title to the Property is, on the date of this Contract, subject only to the
following exceptions:
(a) Covenants, conditions, restrictions (without effective forfeiture provisions) and declarations of
record, if any;
(b) Reservation of minerals or mineral rights by the State of Minnesota, if any;
(c) Utility and drainage easements which do not interfere with present improvements;
(d) Applicable laws, ordinances, and regulations;
(e) The lien of real estate taxes and installments of special assessments which are payable by
Purchaser pursuant to paragraph 6 of this Contract; and
(f) The following liens or encumbrances: NONE
3. Delivery of Deed and Evidence of Title. Upon Purchaser’s full performance of this Contract,
Seller shall:
(a) Execute, acknowledge, and deliver to Purchaser a Warranty Deed, in recordable form,
conveying marketable title to the Property to Purchaser, subject only to the following exceptions:
(i) Those exceptions referred to in paragraph 2(a), (b), (c), (d), and (e) of this Contract;
(ii) Liens, encumbrances, adverse claims or other matters which Purchaser has created,
suffered or permitted to accrue after the date of this Contract; and
(iii) The following liens or encumbrances: none
(b) Deliver to Purchaser the abstract of title to the Property, without further extension, to the extent
required by the purchase agreement (if any) between Seller and Purchaser.
4. Purchase Price. Purchaser shall pay to Seller at the place of closing the sum of Eighty-Two
Thousand Dollars ($82,000), as and for the purchase price (the “Purchase Price") for the Property, payable
as follows:
a. $20,000 payable on the date of closing, the date of which this document is signed
by all principals to this agreement.
b. The remaining balance of $62,000 shall be paid in 36 monthly payments of
$300.00 to include principal and interest, the first payment will be due September 1,
2013, and each payment on that day of each month thereafter.
c. Interest of 7% per annum shall accrue on all unpaid principal and interest beginning
August 9, 2013.
d. Ail remaining unpaid balances of principal and interest shall be due and payable
August 31,2016.
5. Prepayment. Unless otherwise provided in this Contract, Purchaser shall have the right to fully or
partially prepay this Contract at any time without penalty. Any partial prepayment shall be applied first to
payment of amounts then due under this Contract, including unpaid accrued interest, and the balance shall be
applied to the principal installments to be paid in the inverse order of their maturity. Partial prepayment shall
not postpone the due date of the installments to be paid pursuant to this Contract or change the amount of
such installments.
6. Real Estate Taxes and Assessments. Real estate taxes and installments of special
assessments which are due and payable in the year in which this Contract is dated shall be paid as follows:
The buyer and seller shall prorate from the date of closing the real estate taxes due and owing in 2013.
Purchaser shall pay, before penalty accrues, all real estate taxes and installments of special assessments
assessed against the Property which are due and payable in all subsequent years. Seller warrants that the
real estate taxes and installments of special assessments which were due and payable in the years preceding
the year in which this Contract is dated are paid in full. If the Property is subject to a recorded declaration
providing for assessments to be levied against the Property by any owners’ association. Purchaser shall
promptly pay, when due, all assessments imposed by the owners’ association or other governing body as
required by the provisions of the declaration or other related documents.
s
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7. Property Insurance.
(a) Insured Risks and Amounts. Purchaser shall keep all buildings, improvements, and fixtures
now or later located on or a part of the Property insured against loss by fire, lightning and such other
perils as are included in a standard “all-risk” endorsement, and against loss or damage by all other
risks and hazards covered by a standard extended coverage insurance policy, including, without
limitation, vandalism, malicious mischief, burglary, theft and, if applicable, steam boiler explosion.
Such insurance shall be in an amount no less than the full replacement cost of the buildings,
improvements, and fixtures, without deduction for physical depreciation. If any of the buildings,
improvements, or fixtures are located in a federally designated flood prone area, and if flood
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insurance is available for that area, Purchaser shall procure and maintain flood insurance in amounts
reasonably satisfactory to Seller.
(b) Other Terms. The insurance policy shall contain a loss payable clause in favor of Seller which
provides that Seller’s right to recover under, the insurance shall not be impaired by any acts or
omissions of Purchaser or Seller, and that Seller shall otherwise be afforded all rights and privileges
customarily provided a mortgagee under the so-called standard mortgage clause.
(c) Notice of Damage. In the event of damage to the Property by fire or other casualty. Purchaser
shall promptly give notice of such damage to Seller and the insurance company.
8. Damage to the Property.
(a) Application of Insurance Proceeds. If the Property is damaged by fire or other casualty, the
insurance proceeds paid on account of such damage shall be applied to payment of the amounts
payable by Purchaser under this Contract, even if such amounts are not then due to be paid, unless
Purchaser makes a permitted election described in the next paragraph. Such amounts shall be first
applied to unpaid accrued interest and next to the installments to be paid as provided in this Contract
in the inverse order of their maturity. Such payment shall not postpone the due date of the
installments to be paid pursuant to this Contract or change the amount of such installments. The
balance of insurance proceeds, if any, shall be the property of Purchaser.
(b) Purchaser’s Election to Rebuild. If Purchaser is not in default under this Contract, or after
curing any such default, and if the mortgagees in any prior mortgages and sellers in any prior
contracts for deed do not require otherwise. Purchaser may elect to have that portion of such
insurance proceeds necessary to repair, replace, or restore the damaged Property (the “Repairs")
deposited in escrow with a bank or title insurance company qualified to do business in the State of
Minnesota, or such other party as may be mutually agreeable to Seller and Purchaser. The election
may only be made by written notice to Seller within sixty (60) days after the damage occurs. Also, the
election will only be permitted if the plans and specifications and contracts for the Repairs are
approved by Seller, which approval Seller shall not unreasonably withhold or delay. If such a
permitted election is made by Purchaser, Seller and Purchaser shall jointly deposit, when paid, such
insurance proceeds into such escrow. If such insurance proceeds are insufficient for the Repairs,
Purchaser shall, before the commencement of the Repairs, deposit into such escrow sufficient
additional money to insure the full payment for the Repairs. Even if the insurance jDroceeds are
unavailable or are insufficient to pay the cost of the Repairs, Purchaser shall at all times be
responsible to pay the full cost of the Repairs. All escrowed funds shall be disbursed by the escrowee
in accordance with generally accepted sound construction disbursement procedures. The costs
incurred or to be incurred on account of such escrow shall be deposited by Purchaser into such
escrow before the commencement of the Repairs. Purchaser shall complete the Repairs as soon as
reasonably possible and in a good and workmanlike manner, and in any event the Repairs shall be
completed by Purchaser within one (1) year after the damage occurs. If, following the completion of
and payment for the Repairs, there remains any undisbursed escrow funds, such funds shall be
applied to payment of the amounts payable by Purchaser under this Contract in accordance with
paragraph 8(a) above.
(c) Owners’ Association. If the Property is subject to a recorded declaration, so long as the
owners’ association maintains a master or blanket policy of insurance against fire, extended coverage
perils and such other hazards and in such amount as are required by this Contract, then: (i)
Purchaser’s obligation in the Contract to maintain hazard insurance coverage on the Property is
satisfied; (ii) the provisions of paragraph 8(a) of this Contract regarding application of insurance
’i:
proceeds shall be superseded by the provisions of the declaration or other related documents; and
(iii) in the event of a distribution of insurance proceeds in lieu of restoration or repair following an
insured casualty loss to the Property, any such proceeds payable to Purchaser are hereby assigned
and shall be paid to Seller for application to the sum secured by this Contract, with the excess, if any,
paid to Purchaser.
9. Injury or Damage Occurring on the Property.
(a) Liability. Seller shall be free from liability and claims for damages by reason of injuries
occurring on or after the date of this Contract to any person or persons or property while on or about
the Property. Purchaser shall defend and indemnify Seller from all liability, loss, cost, and obligations,
including reasonable attorneys' fees, on account of or arising out of any such injuries. However,
Purchaser shall have no liability or obligation to Seller for such injuries which are caused by the
negligence or intentional wrongful acts or omissions of Seller.
(b) Liability Insurance. Purchaser shall, at Purchaser’s own expense, procure and maintain
liability insurance against claims for bodily injury, death and property damage occurring on or about
the Property in amounts reasonably satisfactory to Seller and naming Seller as an additional insured.
10. Insurance Generally. The insurance which Purchaser is required to procure and maintain
pursuant to paragraphs 7 and 9 of this Contract shall be issued by an insurance company or companies
licensed to do business in the State of Minnesota and acceptable to Seller. The insurance shall be maintained
by Purchaser at all times while any amount remains unpaid under this Contract. The insurance policies shall
provide for not less than ten (10) days written notice to Seller before cancellation, non-renewal, termination or
change in coverage, and Purchaser shall deliver to Seller a duplicate original or certificate of such insurance
policy or policies.
11. Condemnation. If all or any part of the Property is taken in condemnation proceedings instituted
under power of eminent domain or is conveyed in lieu thereof under threat of condemnation, the money paid
pursuant to such condemnation or conveyance in lieu thereof shall be applied to payment of the amounts
payable by Purchaser under this Contract, even if such amounts are not then due to be paid. Such amounts
shall be applied in the same manner as a prepayment as provided in paragraph 5 of this Contract. Such
payments shall not postpone the due date of the installments to be paid pursuant to this Contract or change
the amount of such installments. The balance, if any, shall be the property of Purchaser.
12. Waste, Repair, and Liens. Purchaser shall not remove or demolish any buildings,
improvements, or fixtures now or later located on or a part of the Property, nor shall Purchaser commit or
allow waste of the Property. Purchaser shall maintain the Property in good condition and repair. Purchaser
shall not create or permit to accrue liens or adverse claims against the Property which constitute a lien or
claim against Seller’s interest in the Property. Purchaser shall pay to Seller all amounts, costs and expenses,
including reasonable attorneys’ fees; incurred by Seller to remove any such liens or adverse claims.
13. Compliance with Laws. Except for matters which Seller has created, suffered, or permitted to
exist prior to the date of this Contract, Purchaser shall comply or cause compliance with all laws and
regulations of any governmental authority which affect the Property or the manner of using or operating the
same, and with all restrictive covenants, if any, affecting title to the Property or the use thereof.
14. Recording of Contract; Deed Tax. Purchaser shall, at Purchaser’s expense, record this
Contract in the Office of the County Recorder or Registrar of Titles in the county in which the Property is
located within four (4) months after the date hereof. Purchaser shall pay any penalty imposed under Minn.
Stat. 507.235 for failure to timely record the Contract. Seller shall, upon Purchaser’s full performance of this
Contract, pay the deed tax due upon the recording of the deed to be delivered by Seller.
-ir-
15. Notice of Assignment. If either Seller or Purchaser assigns its interest in the Property, the
assigning party shall promptly furnish a copy of such assignment to the non-assigning party.
16. Protection of Interests. If Purchaser fails to pay any sum of money required under the terms of
this Contract or fails to perform any of the Purchaser’s obligations as set forth in this Contract, Seller may, at
Seller’s option, pay the same or cause the same to be performed, or both, and the amounts so paid by Seller
and the cost of such performance shall be payable at once, with interest at the rate stated in paragraph 4 of
this Contract, as an additional amount due Seller under this Contract. If there now exists, or if Seller hereafter
creates, suffers or permits to accrue, any mortgage, contract for deed, lien or encumbrance against the
Property which is not herein expressly assumed by Purchaser, and provided Purchaser is not in default under
this Contract, Seller shall timely pay all amounts due thereon, and if Seller fails to do so. Purchaser may, at
Purchaser’s option, pay any such delinquent amounts or take any actions reasonably necessary to cure
defaults thereunder and deduct the amounts so paid together with interest at the rate provided in this Contract
from the payments next coming due under this Contract.
17. Defaults and Remedies. The time of performance by Purchaser of the terms of this Contract is
an essential part of this Contract. If Purchaser fails to timely perform any term of this Contract, Seller may, at
Seller’s option, elect to declare this Contract cancelled and terminated by notice to Purchaser in accordance
with applicable law or elect any other remedy available at law or in equity. If Seller elects to terminate this
Contract, all right, title, and interest acquired under this Contract by Purchaser shall then cease and terminate,
and all improvements made upon the Property and all payments made by Purchaser pursuant to this Contract
(including escrow payments, if any) shall belong to Seller as liquidated damages for breach of this Contract.
Neither the extension of the time for payment of any sum of money to be paid hereunder nor any waiver by
Seller of Seller’s rights to declare this Contract forfeited by reason of any breach shall in any manner affect
Seller’s right to cancel this Contract because of defaults subsequently occurring, and no extension.of time
shall be valid unless agreed to in writing. After service of notice of default and failure to cure such default
within the period allowed by law. Purchaser shall, upon demand, surrender possession of the Property to
Seller, but Purchaser shall be entitled to possession of the Property until the expiration of such period. Failure
by Seller to exercise one or more remedies available under this paragraph 17 shall not constitute a waiver of
the right to exercise such remedy or remedies thereafter.
18. Binding Effect. The terms of this Contract shall run with the land and bind the parties hereto
and the successors in interest.
19. Headings. Headings of the paragraphs of this Contract are for convenience only and do not
define, limit, or construe the contents of such paragraphs.
20. Additional Terms: Check here if an addendum to this Contract containing additional terms
and conditions is attached hereto.
David A. RudhJs 0. Tonneson
.i,''lyfJ
onndson
State of Minnesota, County of
This instrument was acknowledged before me on
Carolyn j^Tonneson, hu^nd and wife.
2013, by James 0. Tonneson and
(Stamp)
KMBiMMMETENHVT'
NOiNRPuwc-tMaon ;
UrOOMHBSXMBIPRSlAI/ll |
Title (and Rank);
My commission expires;
State of Minnesota, County of Otter Tail
This instrument was acknowledged before me on by David A. Rudh.
V(Stamp)
(&l^naturB of laloffhef)
Notary Public-Minnesota
Expires Jan 31, 2017
Title (and Rank);
My commission expires;(ii)oimday/year)
f
•% «
TAX STATEMENTS FOR THE REAL PROPERTY
DESCRIBED IN THIS INSTRUMENT SHOULD BE
SENT TO:
David A. Rudh
THIS INSTRUMENT WAS DRAFTED BY:
Penn C. Brandborg
315 South Mill Street
Fergus Falls, MN 56537
218-736-7447
Att Reg #166546
penn@brandborglaw.com
775 £■
Note: Failure to record this contract for deed may give other parties priority over Purchaser’s interest
in the property.
DOC# 1132151No delinquent taxes and transfer entered; Certificate of
Reai Estate Value ( | filed (
Certificate of R^l Estate Value No. Ob 54^5/f
1132151
Fee; $46,00
Certified, Filed, and/or Recorded: Well Certificate [ ] Rec'd
August 13, 2013 10:15AM
Brian Armstrong, Recorder
OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY, MINNESOTA) not required.
13
(Year)Wayne Stein, County Auditor
by 9 _________Returned To:
WEST CENTRAL ABSTRACT
202 WEST JUNIUS AVENUE
FERGUS FALLS, MN 56537 By: LL