HomeMy WebLinkAbout53000180105003_Variances_07-15-2022■ »
Date Received 1231663
RECEIVED
JUL 1 5 2022
-AND & RESOURC'^'
LYHH K LARSON
OTTER TAIL COUNTY
RECORDER/RE6ISTRAR OF TITLES
FERGUS FALLS, NH
RECORDED ONL&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
:^is 11
iFICATE REC^D; H
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.ottertailcountvmn.us
Application Fee
otyReceipt Number
w ~1 -2J2-Reviewed/Accepted By / Date
PROPERTY OWNER
MAILING ADDRESS T" £> ^ ^
DAYTIME PHONE
YXjtJi'XJL.E-MAIL ADDRESS
LAKE CLASS__________________________________________
RANGE TOWNSHIP NAME UHiY*”
LAKE NAMELAKE NUMBER
TOWNSHIPSECTION
E-911
ADDRESS
PARCEL
NUMBER lui
gAcKv\\\'f 6(S1(J ^
IF THE VARIANCE REQUEST IS REGARDING AN EXISTING STRUCTURE ON THE PROPERTY, WHAT YEARWAST
STRUCTURE BUILT:
5? ^ \^0\
HAT
Ac.,LEGAL DESCRIPTION
INDICATE THE RELEVANT OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS
FROM AND CITE THE SECTION(S) OF THE ORDINANCE(S).
OTTER TAIL COUNTY ORDINANCE (Please Check)
□ Shoreland Management Ordinance
□ Sanitation Code
□ Renewable Energy Ordinance
^ Other OTIL. (>
□ Subdivision Controls Ordinance
-H
SECTION(S) OF ORDINANCE(S):
0'\
- J□ Attached Subsurface Sewage Treatment System Compliance Inspection
^ No septic system on property
Inspection Date:Y
V n
•Page 2
Property Owner
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
\jO\ W ^2-^ I ' ^ \ M- COCKC^
KU2-vjO>VARIANCE REQUEST:
)
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT
ORDINANCE, SUBDIVISION CONTROLS ORDINANCE, SANITATION AND/OR THE RENEWABLE ENERGY ORDINANCE OF
OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT REGARDING THIS MATTER.
Cl }!/^J5^. 0-^(5ATE~(7SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
OFFICE USE ONLY
IIIDate Of Board of Adjustment Hearing
Motloji______________________
TimeI
Albert Werner-Variance Application Approved as Requested (6:16 p.m.)
After consideration and discussion, Terry Marthaler made a motion, seconded by Darren Newville, and carried to
approve the variance to construct a grain bin 7 feet from the road right of way of County Hwy 14. This decision is
based on the Findings of Fact ^d Decision Form, which contains the criteria reviewed and the Board’s findings
have been attached to and incorporated as an official part of the minutes which have been placed on file with the
Land & Resource Management Department.
1hairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
y No A/wifirP^cA"
.Copy of Application Mailed / E-Mailed to Applicant,^o. Assessor and the MN DNR
- CL 01122019-001 082021
L« Official/Date
. >
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, August 11,2022
The Otter Tail County Board of Adjustment Members convened on August 11, 2022, at 6:00 p.m. at the Government Services Center.
The meeting was held in person and via Microsoft Teams.
The following persons were in attendance:
Judd Fischer
Mark Johnson
Darren Newville
Michael Donoho
Thomas Lee
Terry Marthaler
Rick West - Absent
Kyle Westergard, Assistant Director, Land & Resource Management
Ben Olson, Assistant County Attorney
Called to Order - Michael Donoho, Chair called the meeting of the Board of Adjustment to order at 6:00 p.m.
Minutes Approved - Thomas Lee made a motion, seconded by Terry Marthaler to approve the July 14,2022, Meeting Minutes.
The Board of Adjustment considered the following application(s) for variance:
Paul & Cynthia Fousek -Variance Application Approved as Requested (6:02 p.m.)
Paul & Cynthia Fousek, Lot 9 of The Little Pine Beach & Land Between Lot & Lake, Little Pine Lake (56-142) in Gorman Township
requested the following: Requesting Variance to replace existing cabin with a new dwelling & attached garage, structure will be
approx. 54’ from OHWL. (Moving 20’ further back than existing) Also to have impervious surface @ 27.6% slight decrease.
Paul & Cynthia Fousek, property owners, represented the variance application.
The audience was polled with no one speaking for or against this application.
After consideration and discussion, Darren New ville made a motion, seconded by Terry Marthaler and carried to approve the variance
to replace the existing cabin with a new dwelling & attached garage being 54 feet from the ordinary high-water level and to approve
the impervious surface coverage at 27.6%. This decision is based on the Findings of Fact and Decision Form, which contains the
criteria reviewed and the Board’s findings have been attached to and incorporated as an official part of the minutes w'hich have been
placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of
approval. The expiration date of this variance approval is August 11, 2027.
Albert Werner-Variance Application Approved as Requested (6:16 p.m.)
Albert Werner, N1 '2 SE1 '4 (80.300 Acres), in Rush Lake Township requested the follow ing: Build a new' grain bin West of existing
bins, will be 7’ from Co. Hwy 14 road right of way.
Albert Werner & Joe Werner, property owners, represented the variance application.
The audience was polled w ith no one speaking for or against the variance as requested. Jeff & Sharon Dickerson submitted an email
with concerns of the com dust and the impacts that the com dust has.
After consideration and discussion, Terry Marthaler made a motion, seconded by Darren Newville, and carried to approve the variance
to constmct a grain bin 7 feet from the road right of w ay of County Hwy 14. This decision is based on the Findings of Fact and
Decision Form, which contains the criteria reviewed and the Board’s findings have been attached to and incorporated as an official
part of the minutes w hich have been placed on file w ith the Land & Resource Management Department.
Page I 1 Board of Adjustment
August 11, 2022
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DiVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTCR TlllloosaTTMisaciota
GOVERNMENT SERVICES CENTER
540 WEST FIR AVENUE
FERGUS FALLS, MN 56537 218-998-8095
FAX: 218-998-8112
Board of Adjustment
Findings of Fact and Decision
Applicant:Albert Werner
Address/Parcel No. 409048 Co. Hwy 14 / 53000180105003
Requested Variance: Build a new grain bin We.st of existing hin.s. will be 7’ from Co Hwv 14 road right of wav.
.Otter Tail County Ordinance: [' Shoreland Mgmt. 1J Sanitation. □ Subdivision. DWECS I Dock & Riparian Use X Setback Ord.
III. A.Ordinance Section Citation:
A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A
determination that a practical difficulty exists is based upon consideration of the following criteria:
The applicant identified the following practical difficulty: Would like to keep the bins in line which is needed for the position how the
aueers need to be placed.
Otter Tail County Board of Adjustment - Variance Question Findings
1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes
and intent of the official control).
X Yes, the variance is in harmony with the general purposes and intent of the official control...
□ No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
The land use ordinance allows property owners to develop and improve their property.
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The
board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official
control).
X Yes, the property owner is proposing to use the property in a reasonable manner...
n No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
There are similar structures and land uses in the neighborhood with similar setbacks as noted during the Board of Adjustment
member's onsite visit of the bins that are currently onsite.
3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall
consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact
zone, bluff floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others?
Does this lot have a feature that does not affect all parcels similarly?)
X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner....
□ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner...
...because:
There are current bins located onsite and they need to be in-line for the augers.
r
i
4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the
record why the request does or does notmaintain the character of the area. Is this request similar to what others have, what are
nearshore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
X Yes, the issuance of the variance will maintain the essential character of the locality....
□ No, the issuance of the variance will NOT maintain the essential character of the locality...
...because:
There are similar land use patterns in the vicinity of the request.
5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played
a role in the request. The fact that coming into compiiance with the ordinance requirements may cost considerably, more does
not constitute a practical difficulty).
X Yes, the need for the variance involves more than just economic considerations....
□ No, the issuance of the variance, is only for economic considerations...
...because:
For practical purposes the bins need to be located in a line for property use.
The Otter Tail County Board of Adjustment: APPROVES__X the requested variance.DENIES
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
DATED: September 8, 2022
Board of Adjustment Chair
The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear
a rough proportionality to the impact created by the variance.- (Mitigating impervious surface with storm water management, deep
rooted vegetative buffers, rain gardens, etc.)
■ It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an
infrequent remedy where an ordinance imposes a unique and substantial burden.
STAFF REPORT
ALBERTJ WERNERAPPLICANT:
Build a new grain bin West of existing bins, will be 7' from Co Hwy 14 road right of way.APPLICATION:
LOCATION:40948 CO HWY 14, 56576, 53000180105003
LAKE NAME/NUMBER/CLASS: Non-Shoreland
STAFF WHO COMPLETED REPORT: Michelle Jevne
lUia
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Parcel; 53000180105003
E-911 ADDRESS: 40948 CO HWY 14
ACRES: 79.11
OWNER: WERNER,ALBERTJ
TOWNSHIP: 135
SECTION: 18
RANGE: 039
JURISDICTION: RUSH LAKE/SD549/COHRA
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Staff Recommendation: Either approve or deny. If a motion Is made to approve the application, staff recommends
the following conditions be included:
1.
Applicable Ordinances/Statutes
SETBACK VARIANCE REQUEST
941664 OTTER TAIL COUNTY SET BACK ORDINANCE
III. Setbacks.
No structure, dwelling or building shall be erected, placed or moved to
within 40 feet of the right-of-way line of any existing county road except in a
shoreland management area.
A.
Staff Comments: Based on a review of the application and a site review. Staff offers the following comments:
1. If approved, include a sunset date 5 years from date of public hearing, as required in Section 3,
Subp. 11 (C) of the Shoreland Management Ordinance.
Vv V
LAND & RESOURCE MANAGEMENT
OTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537COUNTY - MINNESOTA
Notice of Hearing for Variance
Applicant and/or applicant's representative must be present at the scheduled hearing.
To Whom it May Concern:
Albert Werner
PO Box 96
Richville MN 56576
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, the Subdivision Controls
Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance
of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on
Thursday, August 11, 2022, at 6:00 p.m.
The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the
application.
Public comments regarding this application can be expressed by mail or emailed to landPco.ottertail.mn.us must be
received by 12:00PM the day before the public hearing date. Members of the public wishing to observe and/or make
comments at the public hearing may be present at the public hearing or participate virtually.
A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing.
Individuals with questions or requiring special accommodations should contact the Land & Resource Management
Office, 218-998-8095, prior to the hearing.
** 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 property concerned in the application is legally described and located at:
Parcel No. - 53000180105003
Nl/2 SEl/4 80.00 Acres
Section 18, Township 135, Range 39
Township Name - Rush Lake
Non-Shoreland
Legal Description:
Lake Name/Number/Class:
40948 Co. Hwy 14, Richville MN 56576Property Address:
The variance requested is the following:
Build a new grain bin West of existing bins, will be T from Co Hwy 14 road right of way.
Amy Busko
Board of Adjustment Secretary
July 28, 2922
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
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otter Tail County Web Map https://ottertailco un tymn. us/
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f:Not a legalLdocument:
Amy Busko
Cristi Field
Friday, July 15, 2022 1:50 PM
Amy Busko
RE: Grain Bins-Richville
From:
Sent:
To:
Subject:
Yes he is. We did verify we ^ have a 50' R/W, each side of centerline. His existing grain bins are 57' from the centerline.
I told him this in initial conversations.
Cristi Fieid
Maintenance Supervisor
Highway Department
505 S Court Street, Suite #1
Fergus Falls MN 56537
1-218-998-8496-Office
1-218-671-1573-Cell
ottertailcountvmn.us
OTTER TAIL
COUNTY • MINNESOTA
From: Amy Busko <ABusko@co.ottertail.mn.us>
Sent: Friday, July 15, 2022 1:41 PM
To: Cristi Field <cfield(®co.ottertail.mn.us>
Subject: RE: Grain Bins-Richville
Hi Cristi-
Is he aware of where the RROW is located and how far he is from that RROW?
AMY
From: Cristi Field <cfield(5)co.ottertail.mn.us>
Sent: Friday, July 15, 2022 1:25 PM
To: Chuck Grotte <C6rotte(5)co.ottertail.mn.us>
Cc: Stephen Goerdt <sgoerdt(5)co.ottertail.mn.us>; Dan Bucholz <dbucholz(5)co.ottertail.mn.us>: Chris LeClair
<cleclair(5)co.ottertail.mn.us>: Kyle Westergard <KWesterg(5)co.ottertail.mn.us>: Amy Busko
<ABusko@co.ottertail.mn.us>
Subject: RE: Grain Bins-Richville
Hello all,
I spoke with Mr. Werner and informed him of the process Kyle explained below. He will be headed to the Land and
Resource office this afternoon.
Amy- Per our conversation, I told him to ask for you.
Thank you all for the clarification on this concern.
Cristi Field
Maintenance Supervisor
Highway Department
505 S Court Street, Suite #1
1
Fergus Falls MN 56537
1-218-998-8496-Office
1-218-671-1573-Cell
ottertailcountvmn.us
OTTER TAIL
COUNTY ■ MINNESOTA
From: Chuck Grotte <CGrotte(5)co.ottertail.mn.us>
Sent: Friday, July 15, 2022 9:26 AM
To: Cristi Field <cfield(S)co.ottertail.mn.us>
Cc: Stephen Goerdt <sgoerdt(5)co.ottertail.mn.us>: Dan Bucholz <dbucholz@co.ottertail.mn.us>: Chris LeClair
<cleclair(5)co.ottertail.mn.us>: Kyle Westergard <KWesterg(5)co.ottertail.mn.us>
Subject: RE: Grain Bins-Richville
Cristi
We don't grant variances, they need to go through the Land & Resource Office to get a variance. The 40' set back is not
a right of way issue, it is a Land & Resource Ordinance issue. Mr. Werner, needs to work with the Land & Resource
Office to resolve this. I have copied Chris and Kyle on this email.
Pivot stops are similar to a fence, I don't believe they are considered to be a structure under the ordinance.
Thanks, Chuck
Charles H. Grotte, P.E.
County Engineer
Highway Departnnent
505 South Court Street, Suite 1
Fergus Falls, MN 56537-2757
Direct 218-998-8475 | Office 218-998-8470
ottertailcountymn.us
OTTER TAIL
COUNTY ■ MINNESOTA
From: Cristi Field <cfield(Sco.ottertail.mn.us>
Sent: Thursday, July 14, 2022 2:34 PM
To: Chuck Grotte <CGrotte^co.ottertail.mn.us>: Dan Bucholz <dbucholz@co.ottertail.mn.us>
Cc: Stephen Goerdt <sgoerdt(Sco.ottertail.mn.us>
Subject: Grain Bins-Richville
Hello Chuck,
We recently seen that Albert Werner is preparing to build another grain bin at this site. His current bins are 57' from the
centerline. I did verify that we have a 50' R/W along his property. With the 40' setback requirement we have he would
need to move his proposed grain bin south. This would mess up the elevator leg system they plan to install, and
dramatically increase costs for him. Since the 3 grain bins are already there, could we grant him some sort of "Variance"
to construct the last bin? Since the city limits are on the east end of his property, this is a 30 MPH zone. I did reach out
to Mr. Werner to make him aware of the situaton, and asked him to hold off any further construction until I could get
back to him. He was good to talk to on the phone, and remained calm to work through this. He did bring up another
question, " What about all the pivot stops that are within the 40' setback". I have been thinking about this question all
day, the only solution I can come up with is a "Variance procedure".
He did call Commisioner Bucholz, who then called me today to discuss. I told Dan I would include him in the email to you
for further guidance.
2
What are your thoughts on the "Variance"?
3
OTTER TAIL COUNTY
Fergus Falls, Minnesota
STATE OF MINNESOTA )
) ss
COUNTY OF OTTER TAIL
I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify
that on the 28th day of July 2022 the attached Notice of Hearing for Variance was duly served upon the
individuals listed below and/or included in the attachment:
)
Property Owner Township Clerk Lake Association
Albert Werner
PO Box 96
Richville MN 56576
Pamela Moe, Clerk
Rush Lake Township
43394 Round Lake Dr.
Ottertail MN 56571
NA
City Clerk (if located within 2 miles of a city) City of Richville, Leslie Lee, Clerk, 611 3'^'* St. SW, MN 56576
Otter Tail Water Management District—Email Notice if it is in the district - ottertailwatermanaQement@outlook.comE
UJ
Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
Eagle Lake Imp. Dist., Kelly Hepper, 38079 South Eagle Lake Rd., BL, MN 56515
Lida Lakes Imp. Dist. David Hilber, 41026 Backroad TrI, Pelican Rapids, MN 56572
Jd, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Big McDonald;
Devils (Near Perham):
EaglHXak^
LidalJIlfc
Little
Little l^e & Dig Pine:
Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake:South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
Otter Tail County COLA, 4302 13"^ Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537
Julie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537
Board of Adjustment Members:
Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559
Darren M Newville, 614 6*^ St NE, Perham, MN 56573
Rick West, 17906 West Swan View Rd., Fergus Falls MN 56537
Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537
Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573
Mark T. Johnson, 44229 Monument Beach Loop, Pelican Rapids MN 56572
Planning Commission Member:Judd Fischer - 711 Sunset Dr., Fergus Falls MN 56537
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, properly addressed to each of the individuals listed
above and/or listed in the attachment.Number of Notices &
Envelopes to Print
File 1Dated: July 28, 2022
Extra 3_____
BOA Members__
PC Member_____
Envelopes____19
TOTAL NOTICES TO PRINT___30
I I Added to Agenda Map
I I Print out Findings of Fact Sheet
Newspapers Perham & FFDJ______
Amy Busko, Secretary
Otter Tail County Board of Adjustment 6
1 MinutesBy:
Amy Busko
https://ottertailmn.sharepoint.com/sites/LandResources/Sh
Affidavit (56-OTR) 08-11-22.docx
srt
Amy Busko
Chris LeClair
Monday, August 8, 2022 3:13 PM
Amy Busko; Ben Olson; Chris LeClair; Darren Newville; Kyle Westergard; Mark Johnson;
Mike Donoho; Rick West; Terry Marthaler; Tom Lee; Judd Fischer
FW: Emailing: 11-24-2019 Corn dust (1).zip
11 -24-2019 Corn dust (1 ).zip
From:
Sent:
To:
Subject:
Attachments:
Comment regarding Werner Variance Application
Chris
—Original Message—
From: Otter Tail County Land <land@co.ottertail.mn.us>
Sent: Monday, August 8, 2022 3:01 PM
To: Chris LeClair <cleclair@co.ottertail.mn.us>; Amy Busko <ABusko@co.ottertail.mn.us>
Subject: FW: Emailing: 11-24-2019 Corn dust (l).zip
Received in Land Account regarding Werner Variance Application
Sheila Dahl
Permit Technician II
Land and Resource Management
540WFirAve
Fergus Falls MN 56537
Direct 218-998-8098 | Office 218-998-8095 ottertailcountymn.us
Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec.
2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain
confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail
and destroy all copies of the original message.
—Original Message—
From: Sharon & Jeff <jsdl997@hotmail.com>
Sent: Monday, August 8, 2022 11:56 AM
To: Otter Tail County Land <land@co.ottertail.mn.us>
Subject: Emailing: 11-24-2019 Corn dust (l).zip
[You don't often get email from jsdl997@hotmail.com. Learn why this is important at
https://aka.ms/LearnAboutSenderldentification ]
Jeff and Sharon Dickerson
815 W 1st ST
;
Richville, MN. 56576 Aug. 08, 2022
1
To Whom it may concern:
This is in reply to a letter we received in regards to Albert Werner and his hearing for Variance.
This meeting is scheduled for Thursday, August 11. 2022 at 6pm.
In regards to building a new grain bin, if this will increase the demand for the use of his corn dryers, we request that he
start using some sort of collection or filtration system.
We believe that the corn dust represents a health concern for us and wildlife and possible property damage. We have
attached 10 pictures of the damage Mr. Werner's current corn dryers are doing to our property.
Each picture shows lots of corn dust covering our home, deck, concrete and our vehicles. Each year since the installation
of the corn dryer we have had to deal with piles of corn dust. On days he is drying corn, it looks like it is snowing in our
yard. When the wind is just right, its difficult to even walk outside, corn dust gets in our eyes and we breath it in. We are
unsure of possible damage to our roof and singles, not to mention possible damage to the paint on all of our vehicles.
We feel some sort of filtration/collection system on the corn dryer would work and then we would be ok with a new
grain bin.
Thank you for your time. If you have any questions please call us at 218-346-6309.
Sincerely,
Jeff and Sharon Dickerson
2
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OFFICE OF OOUMTVRECORO0I
OTTER TAIL COUNTY MN;
CelVBDWELL r,F'•^1 •
■»•710949
NlMEBOm iBUFOm CMVEVnCCINB BLMBR <M78)aMTMCT fW SEED IndiviAi«l<«l t* Jsirt Ttoants
No dolinquont taws* and tranat'ar antaradi
Cartlficata of Raal Estata Valua
Filad ( ) not raquirad
Cartlficata of Raal Eatata Valua No.
Onioe ol County nacordor County of Ottar TaH
I iwaby 0H«y am aa ««mr
o»e.f 7-zt.
««Ra
I ^0049'aeU^
County Auditor
I ' - - ' 's4^%eo \
(raaarvad for racording data)
Daputy
MaRTBAQE REGISTRY TAX DUE HEREONt
t N. A.
OATEi January 1, 1991(raaarvad for aortgaga rag. tax payaant data)
THIS CONTRACT FOR DEED IS MADE ON THE ABOVE DATE BY Claranca E. BJorklund, a aingla paraon,
Ballar (whathar ona or aora), and Albert J. Marnar and Liea A. Marnar, as Joint tanai>ts«
haraaftar Purchasers.
Sallar an0 Purchasers agree to the fallowing tarost
1. PROPERTY DESCRIPTION. Sallar hereby sails, and Purchaser hereby buy, raal property In
Otter Tail County, Minnesota, described as followsi
See Exhibit A attached hereto and aade a part hereof by reference.
together v(ith all heraditaaants and appurtenances belonging thereto (the Property).■i
&. TITLE. Seller warrants that title to the Property is, on the date of this contract,
subject only to the following sxceptionsi '
(a) Covenants, condltionsii restrict ions, declarations and easeaents of record, if anyt(b) Res^ervation of ainarals or aineral rights, by the State of Minnesota, if any|
(c) Building, zoning and subdivision laws and regulationsi
(d) Th<*f. lien of real estate taxes and i'nstal leents of special assessaents which are payable by
Purchasers pursuant to paragraph b of this contract| and
(e) The following liens or encuebrancesi None
3. DELIVERY OF DEED AND EVIDENCE OF TITLE. Upon Purchasers' proept and full perforaance
of this contract, Seller shalli
<a> Execute, acknowledge and deliver to Purchasers a Warranty Deed, in recordable fore,
conveying earketable title to the Property to Purchasers, subject only to th» following
except ions I
(i> Those exceptions referred to in paragraph S(a), (b), (c> and (d> of this contracti
<ii) Liens, encuebrances, adverse clalas or other eatters which Purchasers have created,
suffered or pereltted to accrue after the date of this contracti and
(iii) The following liens or encuebrancesi None
(b) Deliver to Purchasers the abstract of title to the Property or, if the title is
registered, the owner’s duplicate certificate of title.
4. PURCHASE PRICE. Purchasers shall pay to Seller, at his direction, the sun of Two
Hundred Twenty-two Thousand Nine Hundred Thirteen and no/lGBths Dollars (SEES,913.00), as and
for the purchase price for the Property, payable as followsi
>>$46,000.00 in full payaent of the house located on said preeises, receipt of which is
hereby acknowledged
$174,913.00 Balance, payable according to the following schedulei
Interest only shall be due and payable on the 15th day of February, 1991 and the ISth day
of August, 1991 and on each succeeding February ISth and August iSth until August IS, 1994.
On August 15, 1994 the sub of $14,S93. 70 or nore, shall be due and payable and the sua of
$15,000.00, or. eore, shall be due and payable on each succeeding February ISth and August
15th until the principal balance, together with accrued interest thereon shall be paid in
^ '■ '
full. lnt»r*«t •ball aecru* pn thp unpaid principal balansa'froa tha data haracf, at tha
rata af ntn? parcant (9*> par annua. Payaanta adgia narain ahail firat pa craditad to
intaraat and tha patanca to principal.
9. PREPPVMENT. Unlaaa otharwiaa providad for in thia contract, Purchaeara ahall hava tha
right to fully or partially prapay thi« contract at any tiaa without panalty. Pny partial
prapuyaant ahall pa appliad firat to payaant of aaounta than dua undar thia contract,
including unpaid acoruad intaraat, and tha balanca ahdll ba appliad to tha principal
inatallaanta to b'a paid in tha invaraa ordar of thair aaturity. Partial payaant ahall not
poatpona tha dua data of tha inatallaanta to Pa paid pursuant to thia contract or changa tha
aaount of aycH inatallaanta.
t. REM- E6TPTC TAXES AND ASSESSMENTS. Purchaaara ahall pay, bafora panalty accruaa, all
raal aatata ta»aa and inatallaanta of apacial aaaaaaaanta aaaaaaad againat tha Proparty which
ara dua and payabla in tha yaar 19R1 and in all aubaaquant yaara. Sallar warrants that tha
raal aatata taaat and inatallaanta of spacial aaaasaaanta which wera due and payabla in tha
yaara preceding tha year in which this contract la dated ara paid in full.
7. property insurance.<a> INSURED RISKS AND AMOUNT. Purchaaara ahall keep all buildings, iaprovaaants and fiKtures
now or latar located on or a part of tha Property ii.aurad against loss by flra, axtandad
coverage perils, vandaliaa, aalicioua aiachiaf and, ta' applicable, ataaa boiler explosion for
at least tha aaount of tha full insurable value. If ah> of tha buildings, iaprovaaants or
fixtures ara located in a federally deaignatad flood prone area, and if flood insurance is
available for that area, Purchaaara shall procure and aaintain flood insurance in aaounta
reasonably satisfactory to Sailer.
(b> OTHER TERMS. Tha insurance policy ahall contain a loss payable clausa in favor of Sallar
which provides that Sailer’s right to recover undar tha insurance shall net ba iapalrad by any
acts ur oaissions of Purchasers or Sallsr, and that Seller shall otherwise be afforded all
rights and privileges custoaarily providad a aortgagea undar tha so-called standard aertgaga
clausa.
(c> NOTICE OF OAMAOE. In the event of daaaga to the Property by flra or other casualty.
Purchasers shall proaptly give notice of such daaaga to Sallar and tha insurance coapany.
a. OAMAOE TO THE PROPERTY.
(a) APPLICATION OF INSURANCE PROCEEDS. If tha Property is daaagad by fire or other casualty,
tha insurance proceeds paid on account of such daaaga shall ba appliad to payaant of tha
aaounts payabla by Purchasers under this contract, even if such aaounts ara not than dua to be
paid, unless Purchasers aaka a paroittad election described in tha next paragraph. Such
aaounts shall ba first applied to unpaid accrued interest and next to tha installaants to ba
paid as providad in this contract in the inverta ordar of their aaturity. Such paysant shall
not postpone tha dua data of tha installaants to ba paid pursuant to this contract or changa
tha asount of such inatallaants. The balance of insurance proceeds, if any, shall ba tha
property of the Purchasers.
<b) PURCHASER’S ELECTION TO REBUILD. If Purch
after curing any such default, and if tha aortgagaas in any prior nortgagas and sellers in any
prior contracts for deed do not require otherwise. Purchasers aay elect to have that portion
of such insurance proceeds necessary to repair, replace or restore the daaagad Property (tha
repair work) deposited in escrow with a bank or title insurance coapany qualified to do
business in the State of Minnesota, or such other party as aay ba autually agreeable to Sallar
and Purchasers. Tha election aay only be aada by written notice to Sallar within sixty days
after tha daaage occurs. Also, the election will only ba peraitted if the plans and
specifications and contracts for the repair work are approved by Seller, which approval Sailer
shall not unreasonably withhold or delay. If such a peraitted election is aade by Purchasers,
Seller and Purchasers shall jointly deposit, whan paid, such insurance proceeds into such
escrow. If such insurance proceeds are insufficient for the repair work. Purchasers shall,
before the coaaenceosnt of the repair work, deposit into such escrow sufficient additional
aoney to insure the full payoent for the repair work. Even if the insurance proceeds arii
unavailable or are insufficient to pay the cost of the repair work. Purchasers shall at all
tiaes be responsible to pay the full cost of the repair work. All escrowed funds shall be
disbursed by the sscrowee in accordance with generally accei^tsd sound construction
disbursaoant procedures. The costs incurred or to ba incurred on account of such otcrow shall
be deposited by Purchasers into such escrow before the coaaenceaent of tha repair work.
Purchasers shall coaplata the repair work as soon as reasonably possible and In a good and
workaanllke Banner, and in any event the repair work shall be coaplated by Purchasers within
one yaar after the daaage occurs. If, following tha coaplation of and payaant for tha repair
work, there resaln any undlsbursad escrow funds, such funds shall ba applied to payaant of tha
aaounts payabla by Purchasers under this contract in accordance with paragraph B (a) above.
not in default undar this contract, or
INJURY OR DAMAGE OCCURRING ON THE PROPERTY.
Sellar shall bo fraa froa liability and claias for daaagas by reason of
9.
(a) LIABILITY.
injuries occurring on or after tha data of this contract to any parson or parsons or property
’L ' ’■i': ' "i'" '"' '"
Mhllo on or About tho Preporty. Purc‘i«»«r» ohall dolSonci «nd indoooify SoHor froD *) t
liobility, lot*, coot* «nd obi igAt ior.*, iftclud^rt^ rootonoblo ottornoyt’ t*ot« on account of or
•riting out of any tucb injuriot. Howovor, Purcfiatk.'t *n«l 1 Pave no liability or obligation
to 8*1 lor for tuch injuria* Mhich «r'o cau*od by th* nagligonc* or intantional wron^ul act* or
oolxion* of Sailor.
<b) LIABILITY INSURANCE. Purcha*a>'* anall, at Purchatar’* oNn OMpanta, procura a/id aai itain
liability inturanct again*t claia* for bodily injury, daath and proparty daaaga obi urnng on
or about tha Proparty in aaount* raatanably satitfactorv to Sailor and naaing Sailor a* an
additional inturad.i'.
10. insurance, generally. Tha inauranco Mhidh Pui';'ha»ar* ara ra«)uir*d to procuro and
aaintaln pursuant to paragraph* 7 and S of thi* contract thall ba ittuod by an mturanco
coapany or coapania* lic*n*ad to do butina** in tha Stato of Ninn**ota and acceptablo to
Sollar. Tha inturanca thall bO aaintainad by purchatar* at all tiaa* Mhila any aaount roaain*
unpaid undar thi* contract. Tha inturane* policia* thall provida for not let* than tan day*
itrittan notioa to Sallar bafora cancollation, non-rantMal, taraination or chango in covoraga,
and Purchatar* *hall dolivar to Sallar a duplicata original or cartificato oT tuch in«uranco
policy or puliciao.
11. CONDEMNATION. If all or any part of th* Proparty it takan in condaanation procaading*
in*titut*d undar po«i*r of aainant doaaln or it convayod in liau tharoof undar throat of
condaanation, tha aonay paid purtuant to tuch condaanation or convayanca in liou tharaof thall
b* apptiad to payaant of th* aaount* payabla by Purchatfr* undar thi* contract, avon if tuch
aaount* ara not than dua to b* paid. Such aaount* thall b* appliad firtt ta unpaid ^cruad
intaratt and noMt to th* inatallaant* to b* paid a* provldOd <n thi* contract in thrb ..nvar**
ordar of thair aaturity. Such payaant thall not pottpona the du* data of tho installaent* to
b* paid purtuant to thi* contract or changt tho aaount of tuch inttallaantt. The balance, if
any, thall b# th* proparty of Purchatar*.
IS. NASTE, REPAIR AND LIENS. Purchatar* thall not reaov* or deaolith any building*,
iaprovaaant* or fiMturat now or latar located on or a part of the Property, nor thall
Purchatar* coaalt or allow watte of tha Property. Purchatar* shall aaintaln tha Property in good condition and repair. Purchatar* thall no^ create or peralt to accrue lien* or adverse
claia* against th* Property which constitute a Han or claia against Sailor's intaratt in th*
Property. Purchaser* shall pay to Sailer all aaount*, costs and ONpentat, including
reasonable att-ornays' fact, incurred by Sallar to raaovo any tuch lion* or adverse claia*.
13. DEED AND M0RT6ASE REGISTRY TAXES. Sailer thall, upon Purchatar't full parforaanc* of
this contract, pay th* dead tax dua upon tha recording or filing of the dead to be delivered
by Sallar to Purchasers. The aortgaga registry tax du* upon th* recording or filing of this
contract shall be paid by th* party who raperd* or files thi* contracti however, this
provision thall not iapalr tha right of Sallar to collect froa Purchasers th* aaount of such
tax actually paid by Sallar as provided in the applicable law governing default and tarvic* of
notice of taraination of this contract.
lA. PROTECTION OF INTERESTS. If Purchaser* fail to pay any sum of money r'aquired under
th* tarat of this contract or fail to perfora any of Purchaser't obligation* at set forth in
thi* contract. Sailer aay, at Seller's option, pay the taae or cause the saae to be perforaed,
or both, and the aaounts so paid by Sailer and th* cost of such parforaanc* shall ba payable
at once, with interest at the rat* stated in paragraph A of this contract, as an additional
aaount due Seller under thi* contract. If there now exists, or if Seller hereafter create*,
suffers or peraits to accrue, any aorlgage, contract for deed, lien or encuabrance against the
Property which it not herein expressly attuned by Purchasers, and provided Purchasers are net
in default under this contract. Sellar shall tiaely pay all aaount* due thereon, and if
Seller fall* to do to. Purchasers nay, at Purchaser'* option, pay any tuch delinquent aaounts
and dad^-ct th* aaounts paid froa th* instalIaenO<s> next coaing due undar this contract.
f..
19. DEFAULT. Th* tine of parforaanc* by Purchasers of th* tera* of this contract is an
essential pert of this contract. Should Purchasers fail to tiaely perfora any of tha tarn* of
this contract, Sallar aay, at Seller's option, elect to declare this contract cancelled and
terainated by notice to purchasers in accordance with applicable law. All right, title and
interest acquired under thi* contract by Purchasers thall then cease and terainate.; and all
iaprovaaents aadt upon the Property and all payaents aade by Purchasers pursuant to tM*
contract shall belong to Sallar as liquidated daaages for breach of this contract. Neither
the extension of the tiae for payaent of any sue of aonay to be paid hereunder nor any waiver
by Seller of Seller's rights to daclara this contract forfeited by rcasun of any breach thall
in any aanner affect Seller's right to cancel this contract because of defaults subsequently
occurring, and no axtanjion of tiae thall b* valid unless agreed to in writing. After service
of notice of default and failure to cure such default within tha period allowed by law.
Purchasers thall, upon deaand, surrender possession of the Property to Seller, but purchasers
shall be entitled to possession of the Property until th* expiration of such period.
\ -“VT f? 'f'/r
>
Ift. BINDING EFFECT. Th« teras of thi« contr^t •hall run with tho land and bind tho
pavtio* horfto and thttir tucceator* in intor**t.
17. HEADIN3S. Haadingt of th« paragraph* of thi* contract ar« for convanisnca only and do
not d*fin«, liait or conatru* the contant* of *uch paragraph*.
IB. AOOlTlOtML terms*
For tl>» convonitne* of th* partio* h»r«to« thi* Contract is *M*cutad in two original
copi**i ono bains a photocopy of th* othar.
That purchasar* aay not sail, convay, assign or otharwisa transfer, directly or
indirectly, any Interest In th* property described herein or this Contract for Deed, without
purchasers having first paid th* entire unpaid principal balance and accrued interest due
hereon.
1.
8.
That in the event th* purchaser* default in th* payaent or perforeanc* of this
Contract for Deed and such default is not cured prior to the aMpiration of the nu*ber of days
prescribed by Ninnesot* Statute* Annotated Section SS9.81 for Cancellation of this Contract
for Deed, after written notice thereof is delivered to the purchasers, than the seller, at
seller’s election, aay declare the entire unpaid principal balance and accrued interest to be
iaaediately due and payable.
including attorneys’ fees incurred by sailer in tha event of the default in the payaent or
perferaanc* of the Contract for Deed.
3.
That the purchasers hereby agree to pay all costs of collection
That purchaser* shall not create or perait to be created or to reaain, and shall
discharge when due any lien, encuabranc* or charge levied on account of any aachanic’s,
laborer’s or aateriaJ.aan’s lien, which night or does constitute a lien, encuabranc* or charge
upon the property, or any part thereof, or the incoae therefroa, whether prior or subordinate
to th* interest of the seller.
4.
That purchaser* will aaintain all buildings and structures now on the prenises and any
inproveaents and repairs hereafter OMerted or placed thereon in a condition equal to or better
than the condition existing on the date hereof, nornal wear and tear SMCeptcd.
9.
That th* purchasers acknowledge their us* and occupation of tha real property,
ieprovenent* and fintures on the preaises and purchasers have inspected said presise* and
accept all real property, isproveaents, personal property, appliances, buildings, fiKtures,
electrical, pluabing and heating described herein in "as is" condition and that there are no othar oral or written representations, warranties or guaranties, SKpress or iaplied and SELLER
SPECIFICIALLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
6.
7. That prior to aahing any iaproveeents to the property described herein in an aaount
exceeding S5, (AOB, purchasers shall notify seller in writing of the isproveaents to be aads,
sake satisfactory arrangeaents with the seller regarding security for the payaent of the
isproveaents and obtain the seller’s written consent to any such inproveaents. The seller
will not unreasonably withhold his consent to any inproveaents to the property provided that
said inproveaents aaintain or enhance the value of the property, and proper security is given
the seller for th* payaent of the cost of any conpensated inproveaents. Purchasers agree not
to aaterially alter or deadlish any inproveaents on the property described herein without th*
express written psrnission of the seller.
6. That purchasers agree that upon their failure to perforn or their default in any teras
of this Contract for Deed, they will pay aonthly, in addition to the other paynents required
by the Contract for Deed, an aaount equal to 1/lSth of the total aaount due and payable each
year for property insurance, real estate taxes and installaents of special assessnents to the
end that at such tines as insurance and real estate taxes are payable, there would be a
sufficient aaount in a interest bearing escrow account with seller to be established for that
purpose by seller so that seller will be able to pay the saae in a tiaely nanner. Purchasers
agree to suppleaent said escrow upon deaand as aay froa'tiae to tine be necessary in order
that the escrow is aaintained in an aaount sufficient to pay said itens in a tiaely aanner.
That said escrow proceed* shall also secure payaent of the Contract for Deed balance and upon
default in said Contract for Deed or upon th* death of purchasers any raaaining escrow balance
shall be applied to the principal balance of th* Contract for Deed. Seller agrees that such
escrow* shall not be required until purchaser* default or fails to perfora any terns hereof.
9. That seller reserves the right to reasonably enter upon and inspect the preaises
described herein at reasonable tines with reasonable notice to purchasers.
IB. That the real property described in thi* Contract for Deed is sold in conjunction with
th* sals of personal property situate on th* preaises and seller retains and purchasers hereby
V
V , -V. •. '''"•'■V. f.-r.
'v.
grant to *«;..]*r a »«curit>> inttrast in th« pertonal property now ownod or horeaftor acquired
to aecuroK. together with the real property told hereunder, the full and proopt payeent and
perforaanc* of thi« Contract fer Deed. Seller ehall have all of the righto and reoedie* of a
tacured party under the Uni fore Coeeercial Code, and purchatera agree that the notice of
default oat forth in ta>4 tecurity agreeaent shall be deeaed reasonable notice of default and
that any sioitce of Cancellation of Contract for Dead shall be sufficient notice of default for
purposes of this security agreeaent with respect to the personal property. Purchaser
acknowledge that this Centraef for Deed covers the real property in accordance with seller’s
rigtvts to cancel this Contract for Deed under statute, which cancellation shall constitute
tarasnation of pur-chasere* interest in secured property. Purchasers agree that a default in
the payoant or perforsance of this Contract for Deed shall constitute a default in said
security agreeeent end that a default in said security agreeeent shall constitute a default in
this Contract for Deed. Purchasers shall eeecute and deliver to seller a security agreeeent
and financing stateaent with respect to the secured property new owned or hereafter acquired
by purchasers on suoh fores 4S art specified by seller.
That the house situate on said preeises is sold fb.' the sub of Fortyeight Thousand
and no/l09ths Dollars (t48,000.00) receipt i||^..phich is hereby acknowledged and said aeount
paid in full.
11.
i the real property not to .b«
paidv.in full and said hodM shallsecure, together with the real property and fixtures described herein, the proept p^j^ge^ and
perforaanoe of this Contract for Deed.
That saxd house shall reaain attached and affixed tIE.severed therefroa until and unless this Contract for Deed
That the balance of the purchase price, *175,736.00 shall be allocated as follows!13.
* 5,000.00
« 3,000.00
* 6,000.00
600.00
* 6,000.00
* 6,000.00
« 15,000.00
* <>,000.00
« 15,000.00
500.00
* a,000.00
« 1,000.00
200.00
* 3,200.00
« 2,see.00
« 1,see.00
100.00
100.00* 5,eee.eg
t 92.836.00
Dairy Barn
46 X 72 Pole Shed
187 X 40 Pole Shed
Grain Bin (3300 bushel)
24 X 70 Stave Silo
24 X 70 Stave Silo
24 X 70 Sealed Silo
Grain Bin (3500 bushel)
Calf Barn
Milk House
Quonset
Shop
Old Garage
New Garage
Trailer House
Machine Shed
Well House
Well House
Concrete Feedlot
Land
s
s
**
* Total *175, 736.00
That seller agrees that upon the proept and full perforeanct of this Contract for
Deed, seller shall, in addition to the Warranty Deed required pursuant to paragraph 3, hereof, '
execute, acknowledge and deliver to purchaser a Quit Claie Deed for the following described
real property situate in Otter Tail County, Minnesota, and that the purchase price set forth
herein includes the hereafter described real propertyi
Unplatted lands beginning 25 feet froa Ry. on west line. Meadows Street, northwesterly 200
feet| thence southwesterly 2(B0 feet} thence southeasterly 135.S feet southeasterly to
street; thence northwesterly 420 feet to point of beginning, being a part of the Southeast
Quarter of Northwest Quarter of Section 17, Township 135, Range 39, Village of Richvllle.
14.
IS. That the seller will continue the Abstract of Title for the above described preeises and upon receipt thereof, purchasers shall have thirty (30) days in which to exaeine saae. '"Tf
any objections are noted, seller shall have one hundred twenty (120) days in which to cure
saee or purchaser aay do so at seller's expense withholding the cost thereof froa purchaser’s
payaents next cosing due under this Contract for Deed. If no objection
tiae, they shall be deeaed to be waived.
de within suchir<
■ ■ '■V
4
*
16. That purchatar agrees to assuee and abide by seller’s prior agreeaent Mith the
Hinnesota Dopartaent of Natural Recources regarding aaintcnanee of Mater levels on the above
property.
. PURCHASERS:SELLER!
Clarence E. Bj9rklund Albei^ J,. WernerQr [A^^OASL^
Lisa A. Werner
STATE OF MINNESOTA )
> ss
COUNTV OF OTTER TAIL )
The foregoing instrueent was acknoMledged before ee this Clarence E. BJorklund, a single personi and Albert J. Werner and Lisa A. Werner, husband and
Mife.
day of Janiiiary, 1991 by
r ^ (—sj-
Notary Pyblic
Tom Stateaents for the real property described^.
In thle Inatrunent ahould be sent toi ■This instrueent Has drafted by
Albert and Lisa Werner Box 96
Rlohvllle, HN 56576
IRVINE, RAH5TAD, BRIGGS & KARKELA, PA. P.0. Box 160 - 450 West Main Street Perhasi. HN 56573 <218) 346-4995
(TAK/tm>
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EXHIDXa' A
iliu Nurlli 1/2 (>r the SmithoJilC 1/4 of Section 16, Towiiehtp 13S, Rnngn )9,
i.ACt:’T: A tr<iec locoCoJ in the Horchoaet corner of (eld North 1/2 of Southenat
1/4 morn particularly dcacritfoJ aa ^ollova, to-witi Beginning at the Kortheaat
corner of iha North 1/2 of the Southeaat 1/4, thence South on and along the
Katt liiu! of the North 1/2 of tie Southeaat t/4 a dletance of 220 feet, thnnee
Voat and parallel with tho North line of the^North 1/2 of the Southeaat 1/4 a
diataiicG of 288 fnot, thence North and parallel vlth the Beat line of North 1/2
of Souchnaat 1/4 a diatanco of 220 feet, thence Boat on and along the North
line of tho North }/2 of the Southeaat 1/4 a dlataoee of 288 feat to the place
of bcciiining and there terminating.
The Ikirllieaat 1/4 of Southweat 1/4 and the Southeaat 1/4 of Northwoat 1/4 of
Section 18, Township 135, Rango 39, EXCEPT a tract previously conveyed to the
Village of Richville, Hinnoaota, described aa follows, to-wit: Beginning at a
point at the center of Section 18, Township 135, Range 39, running thence north
and p.’iiallol with tho western boundary of said Section 18, 445,5 feet, thence
west and parallel with tho northern boundary of said Section 18, 198 feet,
thciicu south and parallel with aaid western boundary 445,5 feet, thence east
and parallel with sold northern boundary to the point of beginning.
a ,
s
AND
Lot 6 of Section 6 of Township i35 North of Range 39 West of the Plfth
Principal Meridian.
AND
The Southeast 1/4 of the Southweat 1/4 and Governing' wwt 4 of Section 8,
Township 135, Range 39, and the North 1/2 of the Norchweat 1/4 of Section 17,
Township 135, Range 39, excepting the railroad right of way; also that part of
tho Sontheoat 1/4 of the Northwest 1/4 of Section 17, Township 135, Range 39,
lying south and west of a line.drawn parallel with and 100 feat distant from
tlin contcr tine of the right of way of the Minneapolis, Saint Paul and Sault Sto Marie Railway across said tract of land, except e tract doserlbed os
followa’ Boglnning at a point 125 foet distant from the center lino of said
railroad company's right of way and on the weet line of Meadows Street In tlio
town of Richvillo; and thence southwesterly 300 feat along the west line of
Meadows Street; thence et right angles northwesterly 300 feet; thence at right
angle northuaatorly 300 feat; thence at a right angle aoutheasterly 300 feet to the place of beginning, and except chat part of said tract heratofore platted
amt included in chn original plat of the Vlllaga of'Richville, and except a
tract 33 feet wide along tho south aide thereof convoyed for street purposes In
the Village of Richvillo./
AND
i'lic Southwest 1/4 of tho Northwest 1/4 of Section 17, Township 135, Rango 39,
except tho following described parcels, tO'witi Beginning at the Southwest
corner of tho Southwest 1/4 of NorthwosC 1/4 of said Section 17, Township 135,
R.mgo 39, tlionce nasc 40 rods, thnnee north 26-2/3 rods, thence west 40 rods,
thence snutli 26-2/3 rods to place of beginning. Also beginning at a point 40
rods east of the Southwoet corner of said Southwest 1/4 of Northwest 1/4 of said Section 17, Township 135, Rango 39, thonce north 20 rods; thenco osst 5
rods; thence south 20 rods; thenco west 5 rods to tho place of beginning. Also
linglnninn at a point 45 rods east of the Southvast corner of the Southwest 1/4
of Northwest 1/4 of Section 17, Townahlp 135, Range 39; thence North 20 rods;
thence east 5 rods; thenco south 20 rods; thence vast 5 roda to the piece of
beginning; Also beginning 4 rods vast of the Southeast corner of Che said
Southwest 1/4 of Northwest 1/4 of SocCion 17, Township 133 Rsnge 39; thonce
north 15 rods; thenco woat 7 roda; thence south 15 rods; Chance cast 7 rods to
tho place of beginning; also beginning at Southeosc corner of said Southwest
1/4 of Northwest 1/4 of Section 17, Township 135, Range 39; thsnce north 20
rods; thonce west 4 rods; thonce south 20 rods; Chance east 4 rods to place of
boglnning; also a strip of land 33 feut wide, SKtendlng over and across
southerly boundary lino of said Southweat 1/4 of Northwest 1/4 of Section 17,
Township 135, Range 39, usod as public highway, containing 32.5 ocres, more or
loss; also excepting therefrom e tract of land 256 feat by 269 feet, more
particularly uuacribed aa follows, to-wlti Beglnnlng'at the Southeast corner
of thn Southweat 1/4 of Northwoat 1/4 of Section 17, Township 135, Range 39,
thonce west 11 rode, to which is Che point of beginning of tho trace of land to bn daarribud herein; thence north and parallel with the eaat line of said
Southwest 1/4 of Northwest 1/4 a distance of 289 feat; thence vast and parallel
with' the couth line of the Southwest 1/4 of Northwest 1/4 a distance of 256
[cot; thenco south and parallel with tho seat line of tho Southwest 1/4 of
Northwest 1/4 a distance of 289 feet; thonce eaat on and along the south line
of the Southwest 1/4 of Norchweat 1/4 a diatonee of 256 feat Co the place of
beginning, all of the above described land being In Soetldn 17, Township 135,
Range 39,
'll
IfI'