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Home My WebLink About54000030016001_Conditional Use Permits_04-12-20064-12-2000% OTTER TAIL COUNTY Conditional Use Permit # Owner's _____________ Property Address !5?^(o JP/Lz Location: Lake Sec. Twp. /5^Ranqe Twp. i/york AythorizGcl! ^jjj^pij*' ' LD/Mp jtiUb. lUiAjjtjtJ' "ill. ^ iMfkih 4ftij tm (U I , A--. ^ ^ (S)rj4jJj/}t^- WCUbAJ ) ijnj d^emu!un^) QjflUJtiAlJu^ T}ifj CL'TCJ. nil tLtnAj (Un4Mjbtu^'A'>tPfii (UtiAi^ji >^y ^unnj LfW/L4 mijjtijbJu rbyiLU 4-tlw^ui^ /SAzp 0 1. Entire area shall be stabilizea within 10 days of the completion of any earthrm^^^r^^^^enwise stated. 2. Owner is legally responsible for all surface water drainage that may occur. 3. If the terms of this permit are violated the entire permit may be revoked and the owner may be subject to legal prosecution. 4. This card shall be placed in a conspicuous place not more than 4 feet above grade on the premises on which work is to be done, and shall be maimained there until completion of such work. I ^ /S^Onui Exf ,res; Lantf and Resource IWanagemn.nr Otlicia!' Date 5, NOTIFY DEPARTMENT OF LAND AND RESOURCE MANAGEMENT,TELEPHONE (218) 998-8095, WHEN AUTHORIZED WORK HAS BEEN COMPLETED.BK-1004-046 319.993 • \4cter Lunoeen Co . Pnraen • Ftr^ut Faiu. MN • l-8C0.»6>t87a ^ ^/l/iH "• Hu, iW €PFiCT rtr\niT WITH. ^ X V-/9- OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that „ _ this instrument #__%J%J i slU-i—^^i7307 was fiied/recorded in this office for record on the i.day of 2006 atll:3S m i^oH_J_recording/TO well certincate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATiON FOR CONDITiONAL USE PERMIT COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Numbeti Accepted By / DateLicUce &Cilh<^0u>a^SZ. I B Aoc. DAYTIME PHONEPROPERTY OWNER(S) t-C/'bMAILING ADDRESS 1A-jkS LyC^lc^ lake CLASS E VI TOWNSHIP NAME C_3 I^S' 7 I (Si^L>-<<5c: >J6 3 J(^37/ “1____ TOWNSHIP LAKE NAMELAKE NUMBER jr^I3>i RANGESECTION m>3^(p 5-U-<?00-0 3-00 Up-«01 ,p(-oe6-<))-0O 17-00/ Twnshp Ranqe 131 OF Wl/2 OF SL 2 OF GL 4 E-911 • ADDRESS PARCEL NUMBER » «LEGAL DE^i< sect Lot03041N 550 Sect Twnshp Range /!^34 132C^J S 772.58' OF W 407' OF G.L.4 Lot■■<s>041N 400' OF SUB LOT 3 OF GL 4 & N 400' OF El/2 SUB LOT 2 OF GL 4 TO BE PERM ATTACHED TO #241-001 TORDENSKJOLD.I appropriate request) Cluster Developmentl^ ^»'*^^'&rtractive Use CONDITIONAL Topographical Alteration Forest Land Conversion__ Industrial UseCommercial Use Miscellaneous SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. 'T^/’5 /5 ex ex ^Kid^///6tX%c^ I understan1?that approval of this request applies only to the use of the land. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. Cc.4^ ! iZAZ-^S DATESIGNATURE OF PROPERTY OWNER (S) APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) r 'lx :i’ -r QjphjiL olOd/nDate Of Planning Commission Hearing Time Planning Commission Motion April 12. 2006: Motion: A motion by Estes, second by Schwartz to approve two (2) units, identified as numbers 1 & 4 on the map. Chairman/Otter Tail County Planning Commission County Board Action Approved As Recommended _____Denied As Recommended Other r Date of Final Action^hairman/6tter Tail County Board of Commissioners iate ^ CONDITIONAL USE PERMIT # LiROffici Permf from Land & Resource Managem Yes (Contacjt^and & Resource Management)No 1 L & Official/Date Copy^ AppUcaFon Mailed to Applicant, Co. Assessor and MN DNR bk 0204-006 317,339 • Vidor Lundeen Co., Printers • Fergus Falls, Minnesota OTTER TAIL COUNTY Conditional Use Permit # (a3Hx Owner’s iMlMtJ Property Address ___________ Location: Lake Sec.Twp./5^|^Ranae j^Twp.Wm^yiLOJ^^ fJjuptj AuUl»fjmfit,(iM7iMUfin ■j -itMLa 'Ht. 4 UmbtiWork Authorized:,\SAil7tittfj h'j rku Q.T(L. fill tLbiuL (ltnu3hi ^ # /• • * JT* lEmmmmm.RECEIVED FEB 0 i} 2011 LAND & RESOURC^I I L ^S^doteLMujjdb Ju rLnUj ^/bjoU/SyJzp ‘'y<^caMu\Valid:Exiires:r-Land and Resource Management Official / Daterf\ 1. Entire area shall be stabilized within 10 days of the completion of any earthmoving unless othenwise stated. 2. Owner is legally responsible for all surface water drainage that may occur. 3. If the terms of this permit are violated the entire permit may be revoked and the owner may be subject to legal prosecution. 4. This card shall be placed in a conspicuous place not more than 4 feet above grade on the premises on which work is to be done, and shall be maintained there until completion of such work. 5. NOTIFY DEPARTMENT OF LAND AND RESOURCE MANAGEMENT,TELEPHONE (218) 998-8095, WHEN AUTHORIZED WORK HAS BEEN COMPLETED. J^) 3^ ? 321 BK-1004-046 319.993 • Victor LundMn Co . Pnntm • Fergus Fatit. UN ' 1-600-346-4870 JZA^ 3 -c-ucr*^ ~o X. •J)lU ^0 / ^-q-H 'l70~U:o^ OTC Board of Commissioners' Minutes April 18, 2006 Page 4 is described as Lot 5 ex plat (53.31 AC) Section 36 of Maine Township; Otter Tail River (56-ORD). Preliminary Plat - “Haaaart’s Addition’YMariorie Haaaart: Motion by Lee, second by Nelson, and unanimously carried to approve the Preliminary Plat known as “Haggart’s Addition” consisting of 2 lots for single family residential use with conditions as recommended by the Planning Commission. The property is described as Pt GL 8 & pt SWA ...(2.56 AC & 1.96 AC) Section 4 of Dunn Township; Pelican Lake (56-786). Conditional Use Permit - Golf View Estates First Addition/Stalker Lake Golf Course: Motion by Mosher, second by Lee, and unanimously carried to approve a Conditional Use Permit for a 2-unit Common Interest Community and the construction of a proposed driveway, water, and septic held in common among the association of the CIC as recommended by the Planning Commission. The property is described as N 550’ of WV2 of SL 2 of GL 4 & N 400’ of Sub Lot 3 of GL 4 & N 400’ of EY2 Sub Lot 2...,Section 3 of St. Olaf Township and S 772.58’ of W 407’ of G.L. 4, Section 34 of Tordenskjold Township; Unnamed Lake (56-420) & Johannes Lake (56-391). Preliminary Plat - “First Greenleaf Addition”: Motion by Block, second by Froemming, and unanimously carried to approve a Preliminary Plat known as “First Greenleaf Addition” consisting of 5 lots for single family residential use. The property is described as Pt of GL 4 ...(7.61 AC) Section 20 of Leaf Lake Township; West Leaf Lake (56-114). Preliminary Plat & Conditional Use Permit - “Blueaill Bay Estates 2'^^ Addition”: Motion by Mosher, second by Lee, and unanimously carried to approve a Preliminary Plat known as “Bluegill Bay Estates 2"'“ Addition" consisting of 4 lots for single family residential use and a Conditional Use Permit to construct a road to service the plat with conditions as recommended by the Planning Commission. The property is described as Bluegill Bay Estates Lot 5 Block 1, Section 23 of St. Olaf Township; Sewell Lake (56-408). Preliminary Plat - “Golf View Estates Second Addition”: Motion by Mosher, second by Nelson, and unanimously carried to approve the Preliminary Plat known as “Golf View Estates Second Addition” consisting of 7 lots for single family residential use and a Conditional Use Permit to construct a road to service the plat with a condition as recommended by the Planning Commission. The property is described as Pt SL 1, 4 & 5 of GL 4 & pt GL 3 & 4 ...(29.44 AC) Section 3 of St. Olaf Township; Johannes Lake (56-391). Conditional Use Permit - “Walker Lake Preserve”. CIC 46: Motion by Froemming, second by Mosher, and unanimously carried to approve a Conditional Use Permit for a 34-unit cluster development and for the proposed road and driveways as presented in the revised plan (dated March 23, 2006) with conditions as recommended by the Planning Commission and the following clarification of Condition No. 1. The building pads are reduced in size by 20%. The reasons for approval are as stated in the April 12, 2006, Planning Commission minutes. A letter from Jim Morgan, Partner with WLP Development, addressed to Land & Resource Director, Bill Kalar, dated April 15, 2006, was acknowledged and a copy of the letter is on file in the Land & Resource Management office. The property is OttirTaii County. Planning Commission 1 April 12.2006-Page2 ^ Motion: A motion by Amo, second by Estes to approve, provided the Applicant: 1. Ciearly defines the easterly lotline, and the wetlands. 2. Removes the solid waste onsite. 3. Dedicates the road to the westerly lotline. 4. Identifies and legally abandons the old well onsite. Voting: All members in favor, except Zimmerman. “Haaaart’s Addition” / Marjorie Haqqart - Approved With Conditions: A Preliminary Plat of “Haggarf's Addition" consisting of 2 lots, 1 block for single family residential use. The property is described as R GL 8 & pt NW1/4 SW1/4 ...(2.56 AC & 1.96 AC), Section 4 of Dunn Township; Pelican Lake (56-786), GD. Todd Haggart, Marjorie Haggart, & Robert lllg (Moore Engineering) represented the Application. Motion: A motion by Maske, second by Wilson, to approve as presented, provided the old mobile home, and shed are removed and that the well is legally abandoned. Voting: All members in favor. “Johnson Lake Estates First Addition" / Pinnacle Land Development Inc. - Tabled To May 10, 2006: A Preliminary Plat titled "Johnson Lake Estates First Addition" consisting of 4 lots, 1 block for single family residential use. A Conditional Use Perniit Application (as sfafed tiy the Applicant): Construction of a road, conforming to Otter Tail County specifications, to be dedicated for public use. Total length to be approximately 1000 feet. The property is described as Lot 2 ex tr. Lot 3 & pt SI/2 NE1/4 lying NWLY of Twp Rd ex N 6 rtis of W 20 rds & ex tr. Section 9 of St. Olaf Township; Johnson Lake (56-393), NE. Mike Fletchall (Interstate Engineering) represented the Application. Rod Stroud expressed concerns regarding the proposed grade of the proposed road and maintenance of the existing road (309“’ Ave). Pat Welch expressed concerns regarding the ownership and maintenance of the existing road (309* Ave). Michelle Stroud indicated that she agreed with the concerns that had been addressed by Rod Stroud and Pat Welch. Motion: A motion by Wilson, second by Maske, to table, at the Applicant’s request, to May 10, 2006, provided the Applicant provides Land & Resource Management, (no later than April 21, 2006), the following: 1. A storm water drainage plan including erosion control measures. 2. A map with the proposed building sites, including the driveways, (preferably with a maximum of 3 lots). 3. A plan showing the drainage (water) from the proposed road. The existing road (309"’ Ave.) is to be restored to its previous condition. Voting: All members in favor. Break: At 7:50 P.M., the Commission took a 10 minute break. Goff View Eatataa First Addition / Stalker Lake Golf Course - Approved With Amondiwnte: ^ A Conditional Use Permit Application (as stated by the Applicant): This is a request for a Conditional Use Permit for a four unit Common Interest Community with no lake access. The request is also for the construction of the proposed driveway, water and septic held in common among the association to the Common Interest Community. All construction will be according to the Otter Tail County Subdivision Ordinances. (Golf View Estates 1* Addition) The property is described as N 550' of W1/2 of SL 2 of GL 4 & N 400’ of Sub Lot 3 of GL 4 & N 400’ of El/2 Sub Lot 2 .... Section 3 of St. Olaf Township and S 772.58’ of W 407’ of G.L. 4, Section 34 of Tordenskjold Township; Unnamed Lake (56-420), NE & Johannes Lake (56-391), NE. Otter Tail County, Planning Commission April 12, 2006 - Page 3 Milt Smedsrud and Jim Peterson (Anderson Land Surveying) represented the Application. The Applicant indicated that they want to amend the request from 4 to 2 units (identified as units 1 & 4). Rodney Howard expressed concerns regarding the proposed increase of traffic and maintenance of Golf Course Road. ^Motion: A motion by Estes, second by Schwartz to approve two (2) units, identified as -numbers 1 & 4 on the map. Voting; All members in favor. First Greenleaf Addition- Approved As Presented: A Preliminary Plat of “ 1“' Greenleaf Addition" consisting of 5 lots, 1 block for single family residential use. The property is described as R of GL 4 ...(7.61 AC), Section 20 of Leaf Lake Township; West Leaf Lake (56-114), RD. Jim Peterson (Anderson Land Surveying) represented the Application. Motion: A motion by Estes, second by Wilson, to approve as presented. Voting: All members in favor. Bluealll Bay Estates 2"“ Addition - Approved With Conditions: A Preliminary Plat titled "Bluegill Bay Estates 2"° Addition" consisting of 4 lots, 1 block for single family residential use; and a Conditional Use Permit Appiication (as stated by the Applicant): To construct approximately 800 feet of dedicated road as shown on Preliminary Plat of "Bluegill Bay Estates 2"“ Addition" ( map on file at Land & Resource Mgt. Office). The dedicated road will be constructed to the Minimum Road Standards of Appendix 3 of The Otter Tail County Subdivision Ordinance. The property is described as Bluegiil Bay Estates Lot 5 Block 1, Section 23 of St. Olaf Township; Sewell Lake (56-408), RD. Gerald Balgaard & Jim Peterson (Anderson Land Surveying) represented the Application. Motion: A motion by Wilson, second by Schwartz to approve as presented, provided: 1. Access to the lake across the wetland on Lot 1 is above ground. 2. The ash debris is cleaned-up and disposed of offsite. Voting; All members in favor. Golf View Estates Second Addition - Aooroved With A Condition: A Preliminary Plat titled "Golf View Estates Second Addition" consisting of 7 lots, 2 blocks for single family residential use. (Non-Shoreland); and a Conditional Use Permit (as stated by the Applicant): To construct approximately 1,400 feet for the proposed dedicated road in Preliminary Plat of Golf View Estates Second Addition. The dedicated road will be constructed to the Minimum Road Standards of Appendix 3 of the Otter Tail County Subdivision Ordinance. The property is described as R SL 1,4 & 5 of GL 4 & pt GL 3 & 4 ...(29.44 AC), Section 3 of St. Olaf Township; Johannes Lake (56-391), NE/Non- Shoreland. Jim Peterson (Anderson Land Surveying) represented the Application. Motion: A motion by Estes, second by Maske, to approve as presented, provided appropriate erosion control measures are implemented. Voting; All members in favor. Walker Lake Preserve. CIC 46 - Approved As Revised / With Conditions: A Conditional Use Permit Application (as stated by the Applicant): 34 Unit Cluster Development with a public road, 2 private drives & pool with pool house, picnic shelter, (1) -18 slip dock, (1) - 16 slip dock, (1) - dock for boat launching. Project to be completed in 5 years. Also request to construct the public road & the 2 private drives. The property is described as Lot 1 & E 8 AC of N1/2 NW1/4 & E 4 AC of N1/2 NW1/4 ( 49.95 AC) & N 40 rods of Lot 2 (31.65 AC) & N1/2 SW1/4 ex trs; SI/2 SI/2 NW1/4 & S 120 Rods of Lot 2 (126.50 AC), Section 11 of Amor Township; Walker Lake (56-310), RD. FILE MEMO PARCEL #_^i£ooo_2!i_^A!il_^£l RIVER/WETLAND NAME CSOLf \Ji£uJ £S7T^T£^ PROPERTY OWNER <fSVjo(^ lAiU <St>Lf cc^a^e) iL- 3*N rrpHrt^Kj&s Date L&R Official Action/Comments ^ <sotf i^- fioa, f ? ^/lt,CUL/lVOrfS FoftC*?n» Oe^^dif Li>T S*^ ^iCsct-dTS^ ^ VlCu.‘€^ ^ LA-r/c /^PfiCAAif €i>nr^£i sn^uifA L&R OfficialDate Action / Com ments. L&R OfficialDate Action/Comments. L&R OfficialDate Action/Comments. L&R OfficialDate Action/Comments. L&R OfficialDate Action / Comments. L&R OfficialDate Action/Comments. I //: dTTER TAIL COUNTY PLANNING COBVilViBSSiON NOTICE OF PUBLIC HEARING Stalker Lake Golf Course Attn: Milt Smedsrud 112 E. Lincoln Ave. Fergus Falls, MN 56537 APPLICANT: HEARING DATE/LOCATION: April 12, 2006 at 7:30 P.M. ** Commissipner’s Room, Government Services Center West Fir Fergus Falls, MN 56537 CONDITIONAL USE PERMIT APPLICATION REQUEST (as stated by the Applicant): This is a request for a Conditional Use Permit for a four unit Common Interest Community with no lake access. The request is also for the construction of the proposed driveway, water and septic held in common among the association to the Common Interest Community. All construction will be according to the Otter Tail County Subdivision Ordinances. (Golf View Estates 1®'Addition) LAKE NAME/NUMBER/CLASS: Unnamed Lake (56-420), NE Johannes Lake (56-391), NE E-911 ADDRESS: 15786 Golf Course Road LEGAL DESCRIPTION: N 550’ of W1/2 of SL 2 of GL 4 & N 400’ of Sub Lot 3 of GL 4 & N 400’ of El/2 Sub Lot 2 ..., Section 3 of St. Olaf Township and S 772.58’ of W 407’ of G.L. 4, Section 34 of Tordenskjold Township ** Weather Conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office, by 4:30 p.m.,'for possible rescheduling of the Hearing. _____________________________________________j___________________- The above Applicant has made Application to the Otter Tail County/Planning Commission for a Conditional Use Permit as per the requirements of the Shoreland Management Ordinance of Otter Tail County. Details of the Application are available for viewing at the Land & Resource Management Office, Government Services Center 540 West Fir, Fergus Falls, MN 56537. Any comments regarding this request may be expressed at the Hearing or mailed to the Land & Resource Management Office at the above address. j •■: INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING. March 29. 2006Bert Olson Mailing DateChairman Planning Commission .ARTICLES OF INCORPORATION OF GOLF, VIEW ESTATES list ADDITION of theIn order to form a pursuant to Sections Minnesota Statutes, the following Articles of Incorporation are hereby adopted: ARTICLE I. The name of this ■ association shall be ARTICLE II. association shall have general business purposes and shall have theThis unlimited power to engage in and to do any act necessary or incidental to the conduct of any-business associations may be organized under Chapter of Minnesota Statutes,for which . together with the power to do or perform any acts consistent with or which may be implied from the powers expressly conferred upon associations by Chapter jf Minnesota Statutes. ARTICLE III. association shall beThe principal place of transacting the business of the ADDRESS. ARTICLE IV. .association shall have perpetual existence.This ARTICLE V. The names, and post office addresses of the first Board of Directors, who shall hold office until the first .annual meeting of the members and until their successors are elected and have qualified, are as follows: NAME . ADDRESS II IIADDRESS 12 I2ADDRESS 13 ADDRESS13 I4ADDRESS14 15 ADDRESS15 association shall have five (5) directors elected by members who.shall actThe as such until their successors are duly chosen and qualified. Commencing with the first annual meeting of the members, directors shall be elected by the members. Officers shall be elected as provided for in the Bylaws. ARTICLE VI. That net income in excess of dividends and 'additions to reserves shall be distributed on the basis of patronage, and that the records of the association may show the interest of patrons and members in the reserves. This cooperative association shall be operated without profit to itself and shall be operated for the mutual benefit of its members. The association shall retain from receipts any amounts necessary to pay expenses, including adequate provisions for depreciation, doubtful accounts and other reserves required by law. ARTICLE VII. association shall be formed upon a membership basis and without capitalThis association shall have more than one vote and a membershipstock. No member of the 2 ; shall be transferable only with the consent and approval of the Board of Directors of this association. ARTICLE VIII. association shall have the first privilege of purchasing any membership in the association which might be offered for sale by any member of the. association. This ARTICLE IX. At any regular or special meeting of the members of the association, a quorum necessary to the transaction of business shall be 30 percent (30%) of the total number of members in the association. IN WITNESS WHEREOF, the. above-named incorporators have executed these Articles of Incorporation this DAY day of MONTH, YEAR. INCORPORATORS; II 12 13 14 ' 15 ■ 3 STATE OF MINNESOTA ) ) ss. COUNTY OF ACKCOUNTY ) On this DAY day of MONTH, YEAR; before me a Notary Public within and for said County and State, personally appeared II, to me known to be the same person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ACKCOUNTY ) On this DAY day of MONTH, YEAR, before me aNotary Public within and for said County and State, personally appeared 12, to me known to be the same person described in and who executed ■the foregoing instrument, and acknowledged that she executed the same as her free act and deed. Notary Public STATE OF MINNESOTA ) ) ss.•w COUNTY OF ACKCOUTITY ) On this DAY day of MONTH, YEAR, before me aNotary Public within and for said County . and State, personally appeared I3, to me known to be the same.person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ACKCOUNTY ) On this DAY day of MONTH, YEAR, before me aNotary Public within and for said County and State, personally appeared 14, to me known to be the same person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. Notary Public 4 BY-LAWS OF GOLF VIEW ESTATES 1st ADDITION OFFICES . association shall be asSection 1. Registered Office. The registered office of the provided and designated in the Articles of Incorporation. The Board of Directors of the association may, from time to time, change the location of the registered office. On or befm;^ the day that such change is to-become.effective, a certificate of such change and of the location and-post office address of the new registered office shall be filed with the Secretary of State of the State of Minnesota. association may establish and maintain such otherSection!. Other Offices. The offices, within or without the State of Minnesota, as are from time to time authorized by the Board of Directors. MEETINGS'OF MEMBERS Section 1. Place of Meeting. All meetings of the members shall be held at the registered association in the State of Minnesota or at such place within or without theoffice of the State as may be fixed from time to time by the Board of Directors or by written consent of .all the members entitled to vote thereat. Section!. Date of Annual Meeting. The annual meeting of the members shall be held in the month of January, on the first Tuesday, at the hour of 1:30 o'clock p.m., in each year, beginning with the year 1989, for the purpose of electing directors and for the transaction of any other business with respect to which special notice is required’ shall be transacted unless such notice shall have been given. If for any reason the annual meeting is not held, or the directors are not elected thereat, directors may be elected at a special meeting held for that purpose, and it shall be the duty of the President or Secretary, upon demand of any member entitled to vote, to call such special meeting. Should none Of the said officers call such meeting upon demand, the member shall have the right and power to call such meeting. Section 3. Notice of Annual Meeting. Written notice of the time and place of the annual meeting shall be mailed, postage prepaid, at least-ten (10) days before such meeting, to each member entitled to vote thereat at his address as the same appears upon the books of the cooperative association. Section 4. Members List. The officer who has charge of the membership ledger of the cooperative association shall prepare and make, at least ten (10) days before every election of directors, a complete list of the members entitled to vote at said election, arranged in alphabetical order, showing the address of each member. Such list shall be open to the examination of any member, during ordinary business hours, for a period of at least ten (10) days prior to the election^ either at a place within the city, town, or village where the election is to-be held and which place - shall be specified in the notice of the meeting, or, if not specified, at the place where said meeting is to be held, and the list shall be, produced and kept at the time and place of election during the whole time thereof, and subject to the inspection of any member who may be present. Sections. Special Meetings. Special meetings of the members, for any purpose or purposes. unless otherwise prescribed by statute or by the Articles of Incorporation, may be called by the President and shall be called by the President or Secretary at the request in writing of two or more members of the Board of Directors, or at the request in writing of thirty percent (30%) of the members of the cooperative association. Such request, which shall be by registered mail or delivered 2 in person to the President, shall state the purpose or purposes of the proposed meeting. Section 6. Notice of Special Meetings. Written notice of the time, place and purpose or purposes of a special meeting shall be mailed, postage prepaid, at least five (5) days before such meeting, to each member at his address as the same appears upon the books of the cooperative association. Section ?. Business to be Transacted. No business shall be transacted at any special meeting of members except that stated in the notice of the meeting. Section 8. Waiver of Notice. Notice of the time, place and purpose of any meeting of members may be waived in writing, by any member. Such waiver may be given before or after the meeting and shall be. filed with the Secretary or entered upon the records of the meeting. Section 9. Quorum and Adjournment. At any regular or special meeting of the members of the cooperative association, a quorum necessary to the transaction of business shall be thirty percent (30%) of the total number of members in the cooperative association. If, however, such quorum shall not be present or represented at any meeting of the members, the members entitled to vote thereat, present in person or represented by proxy, shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present or represented. At such adjourned meeting at which a quorum shall be present or represented, any business may be transacted which might have been transacted at the meeting as originally noticed. The members present at a duly called or held meeting at which a quorum is present, may continue to transact business until adjournment, notwithstanding the withdrawal of enough members to leave less than a quorum. Section 10. Voting Rights. A member may cast his vote in person or by mail. When a quomm is present at the time a meeting is convened, the vote of the holders of a majority of the 3 ' i members entitled to vote at the meeting present in person or by mail shall decide any question before the meeting unless the question is one upon which, by express provision of statute or the Articles of Incorporation, a different vote is required, in which case such express provision shall govern and control the decision of such question. Section 11. Manner of Voting. Each member shall at every meeting of the members be entitled to one vote in person or by mail, and each member present, either in person or by mail, shall have the right to cast one vote on each question and never more than one vote. Except where the transfer books of the cooperative association have been closed or a date has been fixed as a record date for the determination of its members entitled to vote, no membership shall be voted on at any election for directors which has been transferred on the books of the cooperative association within twenty (20) days next preceding such election of directors. Section 12. Record Date. The Board of Directors may fix a time, not exceeding sixty (60) days preceding the date of any meeting of members, as a record date for the determination of the members entitled to notice of and to vote at such meeting;, and in such case only members of record on the date so fixed, or their legal representatives, shall be entitled to notice of and to vote at such meeting, notwithstanding, any transfer of any membership on the books of the cooperative association after any record date so fixed. The Board of Directors may close the. books of the cooperative association against transfers of memberships during the whole or any part of such period. Section 13. Organization of Meetings. At all meetings of the members, the President shall act as Chairman and in his absence, any person appointed by the President shall act as Chairman, and the Secretary, or in his absence, any person appointed by the Chairman shall act as Secretary. Section 14. Action Without a Meeting. Any action which may lawfully be taken at a 4 members' meeting may be taken without a meeting if authorized by a writing or writings signed by all of the members who would be entitled to a notice of a meeting for such purpose. Such action shall be effective on the date on which the last signature is placed on such writing or writings, or such earlier effective date as is set forth therein. If any action so taken requires a certificate to be filed in the office of the Secretary of State, the officer signing the same shall state therein that the >. action was affected in the manner aforesaid. BOARD OF DIRECTORS Section 1. General. Powers. The business of the cooperative association shall be managed by its Board of Directors which may exercise all such powers of the cooperative association and do all such lawful acts and things as are not by statute or by the Articles of Incorporation or by these By-laws required to be exercised or done by the members. Section 2. Number and Term of Office. The number of directors which shall constitute the whole board shall be at least five (5). The number of directors may be otherwise determined in accordance with the applicable statute. Except as otherwise permitted by statute,the directors shall be elected at the annual meeting of the Corporation's members (or at any special meeting of the members called for that purpose) by a majority vote, and each director shall be elected to serve for one year or until his successor shall have been duly elected and qualified. Section 3. Resignations and Removal. Any Directors of the cooperative association may resign at any time by giving written notice to the Secretary of the cooperative association. Such resignation shall take effect at the date of the receipt of such notice, or at any later time specified therein, and, unless, otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Any Director may be removed with or without cause, by a majority vote of the members entitled to vote at an election of directors at any special meeting thereof 5 i Section 4, Vacancies; Except with respect to the initial election of a director to fill a newly created directorship resulting from an increase in .the number of directors by action of the Board of Directors in the manner as permitted by statute, if the office of any director becomes vacant by reason of death, resignation, retirement, disqualification, removal from office or otherwise, the directors then in office, although less than a quorum, by a majority vote, may choose a successor who shall hold office for the unexpired term in respect of which such vacancy occurred. Section 5. Place of Meetings. The Board of Directors of the cooperative association may hold meetings, both regular and special, either within or without the State of Minnesota at such place A as a majority, of the members of the board may from time to time appoint. Section 6. Annual Meeting ofPirectors. An annual meeting of the Directors for the purpose of electing officers shall be held immediately following the aniiual meeting of the members. Notice of such meeting need not be given. Such meeting may be held'af any other time or place which shall be specified in a notice, as hereinafter provided for special meetings of the Board of Directors, or such meeting may be dispensed with and the election of officers and any other business may be handled pursuant to Section IT hereof • V • !Section 7. Regular Meetings. Regular meetings of the Board of Directors may be held ' without notice at such time and at such place as shall from time to time be determined by the board. Section 8. Special Meetings. Special meetings of the board may be called by the President on three (3) days' notice to each director, either personally or by mail or by telegram; special meetings shall be called by the President or Secretary in like manner and on like notice on the written request of two (2) directors. Every such notice shall state the time and place of the meeting and no business other than that stated in the notice shall be transacted at said meeting without the '.t unanimous consent of all of the members of the Board of Directors. 6 I Section 9. Quorum. At all meetings of the board, a majority of the directors shall constitute a quorum for the transaction of business and the act of a majority of the directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by statute or by the Articles of Incorporation. If a quorum shall not be present at any meeting of the Board of Directors, the directors present thereat may adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present. If a quorum is present at the call of a meeting, the directors may continue to transact business until adjournment notwithstanding the withdrawal of enough directors to leave less than a quorum. Section 10. Organization of Meetings. At all meetings of the Board of Directors, the President, or in his absence, any person appointed by the President, shall act as Chairman, and the Secretary, or in his absence, any person appointed by the Chairman, shall act as Secretary. Section 11. Action Without Meeting. Unless otherwise restricted by the Articles of Incorporation or these By-laws, any action required or permitted to be taken at any meeting of the Board of Directors or of any committee thereof may be taken without a meeting, if a written consent thereto is signed by all members of the board or of such committee as the case may be, and such written consent is filed with the minutes of proceedings of the board or committee. Such action shall be effective on the date on which the last.signature is placed on such writing or writings, or such earlier effective date as is set forth therein. Section 12. Participation by Conference Telephone. Directors of the cooperative association may participate in a meeting of the Board of Directors or any committee thereof by means of a conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in such a manner shall constitute 7 presence in person at such meeting. Section 13. Executive Committee. The Board of Directors may, by ,unanimous affirmative action of the entire board, designate two (2) or more of their number to constitute an Executive Committee, which, to the extent determined by unanimous affirmative action of the entire board. shall have and exercise the authority of the board in the management of the business of the cooperative association. Any such Executive Committee shall: act only in the interval between meetings of the board; subject at all times to the control and direction of the board; and keep regular minutes of all its meetings and report the same to the Board of Directors when required. Section 14. Compensation of Directors. By resolution of the Board of Directors, each director may be paid his expenses, if any, of attendance at each meeting of the Board of Directors, and may be paid a stated amount as director or a fixed sum for attendance at each meeting of the Board of Directors, or both. No such payment shall preclude a director fi"om serving the cooperative association in any other capacity and receiving compensation therefor. Members of special or standing committees may be allowed, pursuant to resolution by the Board of Directors, like compensation for attending committee meetings. OFFICERS Section!. Number. The officers of the cooperative association shall be chosen by the Board of Directors and shall include a President, a Secretary, and a Treasurer. Any two (2) offices, except that of President, may be held by the same person. Section 2. Election. The Board of Directors at its first meeting after each annual meeting of members shall choose a President, a Secretary and a Treasurer. Section 3. Other Officers and Agents. The Board of Directors may appoint such other officers and agents as it shall deem necessary who shall hold their offices for such terms and shall 8 exercise such powers and perform such duties as shall be determined from time to time by the Board of Directors. Section 4. Salaries. No compensation shall be paid to officers, unless a resolution authorizing such compensation shall have been adopted by a majority vote of the Board of Directors. Section 5. Term of Office. The officers of the cooperative association shall hold office until their successors are chosen and qualify. Any officer elected or appointed by the Board of Directors may be removed with or without cause at any time by the affirmative vote of a majority of the Board of Directors. Aaiy officer may resign at any time by giving written notice to the President or the Secretary of the cooperative association. Any vacancy occurring in any office of the cooperative association shall be filled by the Board of Directors, PRESIDENT Section 6. Powers. The President shall'be the chief executive officer of the cooperative association, shall preside at all meetings ofthe members of the Board of Directors,, shall have general and active management of the business of the cooperative association and, shall see that all orders and resolutions of the Board of Directors are carried into effect. Section 7. Duties. He shall execute bonds, mortgages, and other contracts requiring a seal. under the seal of the cooperative association, if any, except where required or permitted by law to be otherwise signed and executed and except where the signing and execution thereof shall be expressly delegated by the Board of.Directors to some other officer or agent of the^cooperative association. SECRETARY. Section 8. Secretary. The Secretary shall attend all meetings of the Board of Directors and all meetings of.the members and record all the proceedings of the meetings ofthe cooperative 9 i association and of the Board of Directors in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all meetings of the members and special meetings of the Board of Directors, and shall perform such other duties as may be prescribed by the Board of Directors of President, under whose supervision he shall be. TREASURER Section 9. Treasurer's Duties. The Treasurer shall have the custody of the corporate funds and shall keep full and accurate accounts of receipts and disbursements in books belonging to the cooperative association and shall deposit all monies and other valuable effects in the name and to the credit of the cooperative association in such depositories as may be designated by the Board of Directors. Section 10. Treasurer's Accounting. He shall disburse such funds of the cooperative association as may be ordered by the Board of Directors, taking proper vouchers for such disbursements, and" shall render to the President and the Board of Directors, at its regular meetings. or when the. Board of Directors so requires, an account of all his transactions as Treasurer and of the - financial condition of the cooperative association. Sectional. Treasurer's Bond. If required by the Board of Directors, he shall give the cooperative association a bond which shall be renewed every six (6) years in such sum and with such surety or sureties as shall be satisfactory to the Board of Directors for the faithful performance of the duties of his office and for the restoration to the cooperative association, in case of his death. resignation, retirement or removal from office, of all books, papers, vouchers, money and other property of whatever kind in his possession or under his control belonging to the cooperative association. 10 i ■ I i MEMBERSHIP Section 1. Eligibility. Any natural person approved by the Board of Directors shall be eligible for membership. Section 2. Certificate of Membership. Each membership certificate shall be in a form approved by the Board of Directors and shall state that the cooperative association is organized under the laws of the State of Minnesota, the name of the registered holder of the membership represented !*■ thereby and the restrictions applicable thereto. Membership certificates shall be consecutively numbered. Every membership certificate shall be signed by the President or Vice President, and the Secretary; V‘Section 3. Lost or Destroyed Certificates. The Board of Directors may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the cooperative association alleged to have been lost or destroyed, upon the making of an Affidavit of that fact by the person claiming the certificate of membership to be lost or destroyed. When authorizing such issue of a new certificate or certificates, the Board of Directors may, in its discretion and as a condition precedent to the issuance thereof, require the owner of such lost or . destroyed certificate or certificates, or his legal representative, or advertise the same in such manner as it shall require and/or to give the cooperative association a bond in such sum as it may direct as indemnity against any claim that may be made against the cooperative association with respect to the certificate alleged to have been lost or destroyed. Section 4. Transfers of Membership. Except as provided herein, membership shall not be transferable, and in any event, no transfer of membership shall be made upon the books of the cooperative association within ten (10) days next preceding the annual meeting of the members. In all transfers of membership, the cooperative association shall be entitled to a reasonable fee for the ' 11 t -r! I processing of the transfer. Section 5, Termination of Membership for. Cause. The Board of Directors may terminate any membership for cause after such member is given the opportunity to be heard. i:- ■ VGENERAL PROVISIONS ! Section 1.Dividends. Subject to provisions of applicable law and the Articles of Incorporation, dividends of the cooperative association may be declared by the Board of Directors at any regular or special meeting, and maybe paid in cash or in property. Section 2. Reserves. Before payment of any dividend, there may be set aside out of the funds of the cooperative association available for dividends such sum or sums as the directors from time to time, in their absolute discretion, think proper as a reserve or reserves to meet contingencies. or for equalizing dividends, or for repairing or maintaining any property of the cooperative association, or for such other purposes as the directors shall think conducive to the interest of the cooperative association, and the directors may modify or abolish any such reserve in the manner, in which it was created. Sections. Annual Statement. The Board of Directors shall present at each annual meeting. and at any special meeting of the members when called for by vote of the members, a full and clear ;statement of the business and condition of the cooperative association.I- 3 Section 4. Checks. All checks or demands for money and notes of the cooperative association shall be signed by such officer or officers or such other person or persons as the Board of Directors may from time to time designate. Section 5. Fiscal Year. The fiscal year of the cooperative association shall be fixed by resolution of the Board of Directors. 12 i-' A AMENDMENTS Section 1. Amendments. These By-laws may be altered or repealed by the affirmative vote of the holders of record of a majority of the outstanding memberships of the cooperative association at any regular meeting of the members or at any special meeting of the members if notice of the 'i proposed alteration or repeal be contained in the notice of such special meeting. RESTRICTION ON PROMOTIONAL EXPENSES :Section I. Restriction on Promotional Expenses., None of the funds of the cooperative association-shall be used nor shall the association be permitted to incur any indebtedness in payment of any promotion of the association or for the payment of commissions, salaries or expenses of any kind in connection with the promotion of such association. ! ; 13 OCCUPANCY AGREEMENT THIS AGREEMENT, made this day of , 19__, by and between Association, hereinafter referred to as the ssociation having its priricipal office and place of business atAssociation, a , Minnesota _, and hereinafter referred to as Member; WHEREAS, the association has been formed for the purpose of acquiring, owning and operating a cooperative recreational facility to be located in Douglas County, Minnesota, with the intent that its members shall have the right to occupy the Sites therein under the terms and conditions hereinafter set forth; and WHEREAS, the member is the owner and holder of a Certificate of Membership of the association and has a bona fide intention to reside on such Site; NOW, THEREFORE, in consideration of the purchase price of , payable according ' to the terms of a Purchase Agreement dated the day of ; and in further consideration of the mutual promises contained herein, the association lets to the member,. and the member hereby hires and takes from the association. Site No. as designated on the Survey Map, which is attached hereto and incorporated by reference herein as Exhibit A; TO HAVE AND TO HOLD said Site unto the member, his executors, administrators and authorized assigns, on the terms and conditions set forth herein and in the Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restrictions and any rules and regulations of the association now or hereafter adopted pursuant to thereto, for a term of ten (10) years beginning on , and terminating on , renewable thereafter for successive ten (10) year periods under the conditions provided for herein. ARTICLE I COVENANT FOR ASSESSMENTS 1.1 Creation of the Lien and Personal Obligation of Assessments. Each member is deemed to covenant and agree to pay to the Association certain annual assessments or charges and special assessments for capital improvement, such assessments to be established and collected as hereinafter provided. All such assessments, together with interest, costs and reasonable attorneys' fees incurred in collecting the same, shall be a continuing lien upon the membership interest against which each such assessment is made. Said lien shall be superior tO: all other liens against such membership interest, except as set forth in Article X herein. Each assessment, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the person or persons who were the owners of such membership interests at the time when the assessments fell due. The personal obligation for delinquent assessments shall not pass to his/her successors in title unless expressly assumed by any such successors. 1.2 Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the members and for the improvement and maintenance of the real property including a reasonable reserve for depreciation. The annual assessments are intended to cover all non-capital expenditures of the Association including, but not limited to, the costs of repairs, maintenance, taxes, insurance. utility services, employee compensation, general operating expenses and interest and principal amortization Tor the purchase of real estate. 2 I- 1.3 Maximum Annual Assessment. The maximum annual assessment on each membership interest issued and outstanding shall be in an amount to be set on an annual basis by the Board of Directors. 1.4 Special Assessments for Capital lmprovements. In addition to the annual assessments authorized above, the cooperative association, upon approval of its Board of Directors, may levy, in any assessment year, a special assessment applicable to that year only or over an extended period of years, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the real property owned by the Association, including fixtures and personal property related thereto, i provided that any such assessment in excess of the aggregate amount of $100.00 per membership interest outstanding, in any given calendar year, shall have the consent of 51 percent of the votes of the members who are voting in person at a meeting duly called for this purpose. Such meeting shall be called and conducted pursuant to the provisions in the By-Laws relating to special meetings and quorums. 1.5 Uniform Rate of Assessments. Assessments must be fixed at a uniform rate for all , memberships issued and outstanding and may be collected on a monthly, quarterly or annual basis, as determined from time to time. 1.6 Date of Commencement of Annual Assessment: Due Date. The annual assessments provided for herein shall commence as to all memberships on March 1 of the next year immediately following the conveyance of said membership. The Board of Directors shall fix the amount of the annual assessments against such membership at least 30 days in advance of March 1 of each year. Written notice of the annual assessments shall be sent to every member subject thereto. The due dates shall be established by the Board of Directors. r : . f 1,7 Effect of Non-payment of Assessments: Remedies of the Association. Any assessment not paid within 90 days after the due date shall bear interest at an annual rate of 8 percent upon all such unpaid assessments from said due date. The Association may bring an ■: action at law against the member or members personally obligated to pay the assessment, ■, together with interest thereon as provided for above and costs of collection, including but not limited to reasonable attorneys' fees, court costs and service of process fees. In the alternative.I the association may foreclose the lien against the membership interest by selling the member's share and interest in the Occupancy Agreement, thereby terminating all of the rights held by the member therein. No Member may waive or otherwise escape liability for the assessments provided for herein by non-use of the property or abaiidonment of his/her membership interest. The association may also terminate the membership interest of a defaulting member pursuant toi the provisions of Article VII hereof 1 1.8 Taxes. Real estate tax statements for the property shall be sent to the Association. The Association shall pay before penalty attaches all real estate taxes on the property. The aimual assessment to be paid by each Member shall include the amount of real estate taxes attributable to the dwelling unit situated upon the Member's Site together with l/8th of the real :•i estate payable in connection with the Property, including the common areas.i ARTICLE II PATRONAGE REFUND ■ V The association agrees on its part that it will refund or credit to. the member, within ninety (90) days after.the end of each fiscal year, his proportionate share of all sums collected from ; members of the association during such fiscal year in anticipation of expenses which are in i r4! ;1 : excess of the amount needed for expenses of all kinds, including reserves, in the discretion of the Board of Directors. ARTICLE III MEMBER’S OPTION FOR AUTOMATIC RENEWAL It is covenanted and agreed that the term herein granted shall be extended and renewed from time to time by and against the parties hereto for further periods of ten (.10) years each from the expiration of the term herein granted, upon the same covenants herein contained unless (1) ' inotice of the member's election not to renew shall have been given to the association in writing at least four (4) months prior to the expiration of the then current term, and (2) the member shall , have on or before the expiration of said term (a) endorsed his membership certificate for transfer : in blank ^d depoSited^same with the association and (b) met all his obligations and paid all amounts due under this Agreement up to the time of said’expiration and (c) vacated the premises.V. leaving same in good state of repair. Upon compliance with provisions (1) and (2) of this Article, the member shall have no further liability under this Agreement and shall be entitled to 1 no payment from the association. ,v' ARTICLE IV 'r NO SUBLETTING WITHOUT CONSENT OF ASSOCIATION The member hereby agrees not to assign this Agreement nor to sublet the Site without the L written consent of the Board of Directors of the association. The liability of the member under this Agreement shall continue notwithstanding the fact that he may have sublet the Site with the ; approval of the association and the members shall be responsible to the association for the r conduct of his sublessee. Any unauthorized subleasing shall, at the option of the association. result in the termination and forfeiture of the member's rights under this Agreement. A non- ■ r-5' -4 paying guest of the member may occupy the Site under such conditions as may be prescribed by the Board of Directors in the rules and regulations. ARTICLE V TRANSFERS Neither this Agreement nor the member's right of occupancy shall be transferable, or assignable except in the same manner as may now or hereafter be provided for the transfer of memberships in the Bylaws of the association. The member hereby certifies that neither he nor '! anyone authorized to act for him will refuse to sell his membership, after the making of a bona : fide offer, or refuse to negotiate for the sale of, or otherwise make unavailable or deny the i membership to any person because of race, color, religion or national origin. Any restrictive covenants on any property of the association relating to race, color, religion, or national origin is recognized as being illegal and void and is hereby specifically disclaimed. ARTICLE VI COVENANT TO ABIDE BY DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS The member agrees to abide by and comply with the Declaration of Covenants, Conditions and Restrictions, which is attached hereto and incorporated by reference herein as Exhibit B. ARTICLE VII DEFINITION OF DEFAULT BY MEMBER AND EFFECT THEREOF It is mutually agreed as follows: At any time after the happening of any of the events specified in clauses (a) to (i) of this Article, the association may at its option give to the member a notice that this Agreement will expire at a date not less than thirty (30) days thereafter. If the 6 i association so proceeds all of the member's rights under this Agreement will expire on the date; so fixed in such notice, unless in the meantime the default has been cured in a manner deemed ' satisfactory by the association, it being the intention of the parties hereto to create hereby , , ■ ■ I conditional limitations, and it shall thereupon be lawful for,the association to re-enter the Site ' j and to remove all persons and personal property therefrom, either by unlawful detainer ! proceeding or any other suitable action or proceeding at law or in equity and to repossess the Site in its former state as if this Agreement had not been made: (a) In case at any time during the term of this Agreement, the member shall cease to be the owner and'legal holder of a membership of the association. (b) In case the member attempts to transfer or assign this Agreement in a maimer inconsistent with the provisions of the Bylaws. (c) In case at any time during the continuance of this Agreement, member shall be declared a bankrupt under the laws of the United States. (d) In case, at any time during the continuance of this Agreement; a receiver of the member's property shall be appointed under any of the laws of the United States or of any state. ' (e) In case at any time during the continuance of this Agreement, the member shall make a general assignment for the benefit of creditors. (f) In case at any time during the continuance of this Agreement, the membership of the association owned by the member shall be duly levied upon and sold under the process of any Court. ; (g) In case the member fails to effect or pay for the assessments provided for in Article I hereof (h) In case the mierhber shall default in the performance of any of obligations under this Agreement, (i) In case the member shall fail to pay any charge which, if not paid, could become a lien against the association against its property. 7 The member hereby expressly waives any and all rights of redemption in case he shall be dispossessed by Judgment or Warrant of any Court or Judge; the words "enter", "re-enter", and "re-entry", as used in this Agreement are not restricted to their technical legal meaning, and in the event of a breach or threatened breach by the member of any of the covenants or provisions hereof, the association shall have the right of injunction and the right to invoke any remedy allowed at law or in equity, as if re-entry, unlawful detainer proceedings, and other remedies were not herein provided for. WITHOUT LIMITING ANY OTHER PROVISION HEREIN CONTAINED, THE MEMBER EXPRESSLY WAIVES ANY RIGHT OF MEMBER TO WRITTEN NOTICE OF CANCELLATION AND TERMINATION UNDER SECTION 504.02, MINNESOTA STATUTES, AND EXPRESSLY WAIVES ANY RIGHT OF REDEMPTION UNDER SAID STATUTE. BY ACCEPTANCE OF THIS OCCUPANCY AGREEMENT, MEMBER ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTOOD THE FOREGOING PROVISION, OR HAS HAD THE SAME EXPLAINED BY COMPETENT COUNSEL. The member expressly agrees that there exists under this agreement a landlord-tenant relationship and that in the event of a breach or threatened breach by member of any covenant or, provision of this Agreement, there shall be available to the association such legal remedy or remedies, including unlawful detainer, as are available to a landlord for the breach or threatened breach under the law, by a tenant of any provision of a lease or rental agreement. The failure on the part of the association to avail itself of any of the remedies given under this Agreement shall not waive or destroy the right of the association or avail itself of such' remedies for similar or other breaches on the part of the member. 8 I ARTICLE VIII MEMBER'S RIGHT TO PEACEABLE POSSESSION In return for the member's continued fulfillment of,the terms and conditions'of this Agreement, the'association covenants that the member may at all times while this Agreement remains in effect, have and enjoy for his sole use and benefit, the Site, after obtaining'Occupancy, subject to any easements or other uses provided for in the Declaration of Covenants, Conditions and Restrictions, and may enjoy in common with all other members of the association the use o: ail common areas of the property owned by the association. ARTICLE IX MEMBER TO COMPLY WITH ALL CORPORATE REGULATIONS The member covenants that he wiU preserve and promote the cooperative ownership ■ principals on which the association has been founded, abide by the Articles of Incorporation, Bylaws, and rules and regulations of the association, all as amended from time to time, and by his acts of cooperation with its other members bring about for himself and his co-members a high standard in home and community conditions. The association agrees to make its rules and regulations known to the member by delivery of same to him or bypromulgating them in such other manner as to constitute adequate notice. ARTICLE X SUBORDDIATION CLAUSE It is specifically understood and agreed by the parties hereto that this Agreement and all rights, privileges and benefits hereunder are and shall be at all times subject to and subordinate to the lien of any mortgage or deed of trust on the property of the, association, now or hereafter executed by the association, and to any and all modifications, extensions and renewals thereof 9 • .? 5 The member hereby.agrees to execute, at the association's request and expense, any instrument which the association or any lender may deem necessary or desirable to effect the subordination of this Agreement to any such mortgage or deed of trust, and the member hereby appoints the association and each and every officer thereof and, and any future officer, his-irrevocable attorney-in-fact during the term hereof to execute any such instrument on behalf of the member. The member does hereby expressly waive any and all notices of default under and notices of foreclosure of said mortgage or deed of trust which may be required by law. In the event a waiver of such notices-is not legally valid, the member hereby does constitute the association his agent to receive and accept such notices on the member's behalf . ARTICLE XI NOTICES Whenever the provisions of law. or the Bylaws of the association or the Declaration of Covenants, Conditions and Restrictions or this Agreement require Notice to be given to either party hereto, any notice by the association to the member shall be deemed to have been duly given, and any demand by the association upon the member shall be deemed to have been duly made, if the same is delivered to the member at the Site or the member's last known address; and any notice or demand by the member to the association shall be deemed to have been duly given if delivered to an officer of the association. Such notice may also be given by depositing the. same in the United States mail addressed to.the member as shown in the books of the association or to the President of the association, as the case may be and the time of mailing shall he deemed ::to be the time of giving of such notice. 10 ARTICLE XII ORAL REPRESENTATION NOT BINDING L* No representations other than those contained in this Agreement, the Articles of Incorporation, the Bylaws and the Declarations ofCovenants, Conditions and Restrictions of the association shall be binding upon the association. ARTICLE XIII REPAIRS Each member shall repair and maintain his Site at his own expense. The Association -> shall not have any obligation to provide or pay for any repairs or maintenance for any member's Site. In the event that any member should fail to effect proper repairs or maintenance reasonably required by the physical condition of his-Site in a manner satisfactory to the. Association and pay for the same, the Association may, but shall not be required, to do so and add the cost thereof to the member's next billing statement for assessments. IT WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed the date and year first written above. ASSOCIATION By. , President By. , Secretary Member Member 11 ii^ STATE OF MINNESOTA ) ) ss. COUNTY OF OTTER TAIL ) The foregoing instrument was acknowledged before me this ___day of 200_,, Grantor. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this ___ day of 200_, Grantor. Notary Public STATE OF ) ss. COUNTY OF The foregoing instrument was acknowledged before me this ___day of 200 Grantors. Notary Public L DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS THIS DECLARATION, made on the date hereinafter set forth by Association, a Minnesota.Association, hereinafter referred to as "Declarant". WITNESSETH: WHEREAS, Declarant is the owner in fee simple absolute of certain real property an Douglas County, Minnesota, described on Exhibit A, attached. DECLARANT HEREBY DECLARES, that the above-described property is and shall be held and conveyed upon and subject to the restrictions, covenants, conditions, reservations. easements, lines and charges hereinafter set forth. No property other than that described above shall be deemed subject to this Declaration-unless and .until specifically made subject thereto. ARTICLE I GENERAL PURPOSE OF CONDITIONS ' This property is being subjected by this Declaration to the restriction, covenants, conditions, reservations, , easements, liens and charges hereby declared to insure the best use and the most appropriate development of said property; to protect the owners of interests in the property against improper use of the property as will depreciate the value of their property; to preserve, so far as practicable, the natural beauty of said property; to guard against the erection o environmentally undesirable structures and structures built of improper or unsuitable materials; to prevent haphazard and inharmonious development of the property; to provide adequate free spaces between site's; and in general to provide for perpetual preservation of said property in the most natural and wild state possible. ARTICLE II DEFINITIONS 2.1 "Articles" shall mean and refer to the Articles of Incorporation of the Association, as amended. 2.2 "Association" shall mean and refer to o ssociation, its successors and assigns.Association, a Minnesota 2.3 "Board of Directors" shall mean and refer to the Board of Directors of the Association as further described in the Articles of Incorporation and By-Laws of said Association. 2.4 "By-Laws" shall .mean and refer to the By-Laws of the Association, as amended. 2.5 "Common Area" shaU mean all of the property, except Sites. 2.6 "Declaration" shall mean and refer to the restrictions, covenants, conditions. reservations, easements, liens and charges set forth herein as the same may from time to time be amended, suppleinented and modified. 2.7 "Member" shall mean and refer to the person or persons entitled to use and occupy a V given Site pursuant to a duly executed Occupancy Agreement. 2.8 "Property" shall mean and refer to that certain real property described on the aforesaid Exhibit A. 2.9 "Rules" shall mean and refer to the rules and regulations promulgated by the Association under the By-Laws. 2.10 "Site" shall mean and refer to the dwellings and adjacent yard area as shown on the Survey. 2.11 "Survey" shall mean and refer to the Site plan of the property on which the sites and the Common Area are located and identified and attached hereto as Exhibit -B. ARTICLE III MEMBERSHIP AND VOTING RIGHTS votes may be cast on any issue with one vote to be assignee3.1 A maximum of to each. Site. The vote for each site shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any one Site. Such vote may be made in person or by mail. No split vote shall be allowed with respect to any Site. 3.2 Not more than two individuals may be named as members on each Certificate of . Certificates of Membership may be issued by the Association.Membership. Only ARTICLE IV PROPERTY RIGHTS 4.1 Member's Easement of Enjoyment. Every Member shall have an easement for ingress and egress over the common area and an easement for enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the Occupancy Agreement representing membership in the Association, subject to the following provisions; (a) Therright of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; (b) The right of the Association to suspend the voting rights and right to use of the property by a member for any period during which any assessment against his membership interest remains unpaid, and for a period not to exceed 60 days for any infraction of the rules; provided, however, that any member so suspended shall be sent written notification of such suspension prior to the effective date of such suspension and, shall, within ten days of the 3 f !1. effective date of such suspension, have an opportunity for a public hearing before the Board of Directors, provided, that, such written notice by the Association shall be deemed to be effective and timely given if deposited in the regular United States mail, postage prepaid, addressed to such member at the last such address of which the Association has been notified by such Member. (c) The right to place or locate a patio, porch or deck adjacent to each Site on the Common Area, upon receiving approval from the Board of Directors of the Association pursuant to 5.6 and 5.14 below. 4.2 Exclusive Use of Sites. A fully executed Occupancy Agreement shall entitle the Members named therein to the exclusive use of the Site referred to in such Occupancy ■ Agreement. 4.3 Waiver of Right of Partition. The Declarant hereby covenants, and each Member b> V : acceptance of an Occupancy Agreement therefore, whether or not it shall be so expressed in the ■ Occupancy Agreement, is deemed to covenant and agree to absolutely waive the right to partition the property in kind and waive the right to seek partition for the purposes of a sale of the ■ i- property, or any portion of it, unless the bringing of a suit for partition has been approved by the vote or written agreement of 51 percent of the members. ARTICLE Vr:' BUILDING AND USE RESTRICTIONS 5.1 Site Use. No Site shall be used except for residential or recreational purposes. provided, however, that the Declarant shall be entitled to operate any Site as a commercial enterprise until the membership interest therein is sold to a third party. 4 ; 5.2 Easements for Utilities and Roads. The Association reserves the right to construct, maintain and replace or authorize the construction, maintenance and replacement of utilities oyer. under and across each Site and the Common Area (except that no easement or right will be granted in such a way as to interfere with any improvement on the Common Area) and to make all necessary cuts or fills upon the Site to locate such roads as are deerned necessary by the Board of Directors. 5.3 Water Wells. Domestic water needs will be supplied by two (2) drilled vvells currently located on the Property. 5.4 Sewage Systems. No individual sewage disposal system shall be permitted on any .-.i Site, except as may be currently in existence-or as may hereafter be installed in compliance with applicable zoning ordinances and health regulations. 5.5 Limitation on Clearance. No area on any given Site shall be cleared except in conformity with-the Rules. 5.6 Building Restrictions. No building or structure over 18 inches'in height shall be placed on any Site except for: (a) Barbecue pit, fireplace, storage boxes, patio, porch, deck, open fenced screened sitting enclosure or other similar structure approved pursuant to the rules adopted under 5.14 below. (b) Plans and specifications for such permitted structures must be approved prior to construction pursuant tofthe Rules. Construction of permitted structures shall comply with all applicable laws, rules and regulations of the city, county, state and federal governments, including, without limitation, all applicable provisions of the ordinances of Douglas County.; I 5 ' j.. Once construction of permitted structures is started on any Site, the structures must be substantially completed as approved within two (2) months of the commencement date. 5.1 Removing Trees. No live trees over three (3) inches in diameter on any Site shall be cut down or otherwise damaged or destroyed whhout approval pursuant to the Rules. Further, no live trees or natural growth of any size or kind shall be cut down or otherwise damaged or destroyed within the setback areas of any Site without the approval pursuant to the Rules. 5.8 Nuisance. No obnoxious or offensive activities shall be conducted on any Site, nor shall anything be done thereon which may be or become an annoyance or nuisance to other Members or to the Association. The use of outdoor clothes poles, clothes lines and similar equipment is prohibited, provided, however, that overnight drying of swimming suits, towels. etc. is allowed. 5.9 Signs. No sign of any kind shall be displayed to the public view on any Site without approval pursuant to the Rules. 5.10 Pets. No horses, birds, animals or insects shall be kept on any Site except dogs, cats and other common household pets, provided that they are not kept, bred or maintained for any commercial purposes, and provided that they may not be kept or quartered on any Site except when the member entitled to use such Site is occupying the same, and further provided that such pets must be constantly under the effective control of their owners, and that each member shall comply in every respect with any provision contained in the rules which deals with the subject of - * pets. 5.11 Garbage and Refuse Disposal. No Site shall be used or maintained as a dumping ground for rubbish, refuse, garbage or other waste matter. Rubbish, refuse, garbage or other waste matter shall be kept only in sanitary containers, which shall be fastened in a manner 6 approved pursuant to the Rules and which shall be kept in a clean and sanitary condition and which shall be approved pursuant to the Rules before installation or use, and which shall be emptied by the member anytime he vacates an assigned Site. 5.12 Excavation. No member shall effect or cause to be effected any excavating, digging, tunneling, or other subsurface activity other than the planting of trees, shrubs or flowers. on any Site without the prior consent of the Board of Directors. 5.13 Storage. No horse trailers, snowmobiles, trail bikes, or other motorized or non- motorized vehicles which do not usually contain sleeping facilities.may be stored upon the Property for more than thirty (30) consecutive days without prior approval of the Board of Directors. No travel trailers or motor homes shall be stored upon the Property for more than thirty (30) consecutive days without prior approval of the Board of Directors. No motor vehicle lacking vital component parts or in an inoperable condition shall be stored upon the Property for more than five (5) days. No outside storage shall be permitted unless the item stored is screened from view by enclosures approved pursuant to the Rules. 5.14 Rules and Regulations. The Board of Directors shall, from time to time adopt, and the members hereby agree to comply with, such rules and regulations ("Rules") governing the use and enjoyment of the Property as the Board of Directors in its sole discretion deems appropriate or necessary to the.preservation, orderly administration.and enjoyment thereof 5.15 Fences. No fence of any kind shall be constructed on any Site without prior approval pursuant to the Rules., 5.16 Converted School Busses. No converted school busses shall be allowed on any Site. 7 5.17 Boat Trailers. All boat trailers, shall be parked in that portion of the Common Area as shall be designated by the Board of Directors. 5.18 Siding. No Member shall install metal or tin exterior siding on any dwelling unit contained on any Site, provided, however, that horizontal steel lap siding may be used. ARTICLE VI COVENANT FOR ASSESSMENTS 6.1 Creation of the Lien and Personal Obligation of Assessments. Each member is deemed to covenant and agree to pay to the Association certain annual assessments or charges and special assessments for capital improvement, such assessments to be established and - collected as hereinafter provided. All such assessments, together with interest, costs and reasonable attorneys' fees incurred in collecting the same, shall be a continuing lien upon the membership interest against which each such assessment is made. Said lien shall be superior to all other liens against such membership interest, except as set forth in Article X of the Occupancy Agreement. Each assessment, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the person or persons who were the owners of such membership interests at the time when the assessments fell due. The personal obligation for delinquent assessments shall not pass to his/her successors in title unless expressly assumed by any such successors. 6.2 Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the-recreation, health, safety and welfare of the merhbers and for the improvement and maintenance of the real property including a reasonable reserve for depreciation. The annual assessments are intended to cover all non-capital expenditures of the Association including, but not limited to, the costs of repairs, maintenance, taxes, insurance. 8 - ^ utility services, employee compensation, general operating expenses and interest and principal amortization for the purchase of real estate. 6.3 Maximum Annual Assessment. The maximum annual assessment on each membership interest issued and outstanding shall be in an amount to be set on an annual basis by the Board of Directors. 6.4 Special Assessments for Capital Improvements. In addition to the annual..* • assessments authorized above, the cooperative association, upon approval of its Board of Directors, may levy, in any assessment year, a special assessment applicable to that year only or over, an extended period of years, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the real property owned by the Association, including fixtures and personal property related thereto. I provided that any such assessment in excess of the aggregate amount of $100.00 per membership interest outstanding, in any given calendar year, shall have the consent of 51 percent of the votes of the members who are voting in person at a meeting duly called for this purpose. Such meeting shall be called and conducted pursuant to the provisions in the By-Laws relating to special meetings and quorums. 6.5 Uniform Rate of Assessments. Assessments must be fixed at a uniform rate for all memberships issued and outstanding and may be collected on a monthly, quarterly or annual basis, as determined from time to time. 6.6 Date of Commencement of Annual Assessment: Due Date. The annual assessments! provided for herein shall commence as to all memberships on March 1 of the next year immediately following the conveyance of said membership. The Board of Directors shall fix the amount of the annual assessments against such membership at least 30 days in advance of March 9 1 of each year. Written notice of the annual assessments shall be sent to every member subject thereto. The due dates shall be established by the Board of Directors. 6.7 Effect of Non-payment of Assessments: Remedies of the Association. Any assessment hot paid within 90 days after the due, date shall bear interest at an annual rate of 8 percent upon -all such unpaid assessments from said due date. • The Association may bring an action at law against the member or menibers personally obligatedfo pay the assessment, together with interest thereon as provided for above and costs of collection, including but not limited to reasonable attorneys' fees, court costs and service of process fees. Iii the alternative, the association may foreclose the lien against the membership interest by selling the member's share and interest in the Occupancy Agreement, thereby terminating all of the >• rights held by the Member therein. No Member may waive or otherwise escape liability for the f assessments provided-for herein by non-use of the real property or abandonment of his/her membership interest. The association may also terminate the membership interest of a defaulting member pursuant to Article VII of the Occupancy Agreement executed by such member. 6.8 Taxes. Real estate tax statements for the property shall be sent to the Association. ;The Association shall,pay before penalty attaches all real estate taxes on the property. The annual assessment to be paid'by each Member shall include the amount of real estate taxes attributable to the dwelling unit situated upon the Member's Site together with l/8th of the real / estate payable in connection with the Property, including the common areas. ARTICLE VII MAINTENANCE AND INSURANCE 7.1 Common Area Maintenance. The Association shall maintain the Common Area, ;including utilities on the Cornmon Area, in good condition and repair and in a neat and orderly 10 r. condition, and shall maintain hazard and liability insurance as required by the By-Laws. In the event of partial or complete damage to or destruction of any amenity now or hereafter located on the Common Area the Association shall repair or rebuild such amenity, provided however, that,■t in the event insurance proceeds are inadequate to cover the' cost of such repair or rebuilding, all such cost in excess of insurance proceeds shall be assessed against the Members as a special assessment, in the manner and in the proportions provided.in Sections 6.4, 6.5 and 6.6 hereof In no event shall the Association be held personally liable for any such costs of repairing or rebuilding such amenities. In the event of repairing or rebudding such amenities, such excess insurance proceeds shall be first applied by the Association to reduce all outstanding indebtedness, if any, secured by a mortgage on the Common Area, and then to the reduction of assessments. 7.2. Additional-Common Area Maintenance. If, in the'opinion of the Board of Directors of the Association, the need for maintenance or repair of the Common Area is caused by the. willful or negligent act of a Member, his family, guests or invitees,, the cost of such maintenance or repair shall be added to and become a part of the assessment to which such Membership interest is subject, but nothing herein shall modify or abridge any applicable waiver of subrogation.C 7.3 Additional Site Maintenance. The Association shall mow the grass on all Sites and each member shall complete all grass trimming on such Sites. Each member shall maintain the Site assigned to him pursuant to the Occupancy Agreement and the, improvements thereon in a • s; neat and orderly manner so that it is not unsightly or unpleasant. If he does not do so, the V-Association, may do so, and the cost of so doing shall be added to and become a part of the assessment to which such Membership interest is subject. 11 : ; 7.4 Access at Reasonable Hours. For the purpose of performing the provisions of , Section 7.3, the Association shall have the right, after reasonable notice to the then occupying | Member through its duly authorized agents and employees, to enter upon any Site at reasonable hours on any day. 7.5 Waiver of Subrogation. To the extent permitted by the standard Minnesota form of fire and extended coverage insurance and to the extent benefits are paid under such a policy, each Member and the Association do hereby mutually release each firom the other, and their respective officers, agents, employees and invitees, from all claims for damage or destruction of their respective physical properties if such damage or destruction results fi'om one or more of the perils covered by the standard Minnesota form of fire and extended coverage insurance. ARTICLE VIII GENERAL PROVISIONS 8.1 Enforcement. The Association, or any Member, shall have the right to enforce, by any proceeding at la^v or in equity, or both, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Member to enforce any covenant or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter. 8.2 Severability. Invalidation of any one of these covenants or restrictions by Judgment or Court Order shall in.no way effect any other provisions which shall remain in full force and effect. 8.3 Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of 30 years from the date this Declaration is recorded, after which time !they shall be automatically extended for successive periods of ten years. The Declaration may be 12 1 ■t' amended by an instrument signed by 51 percent of the members of the Association. The amendment must be recorded. No amendment which would increase the burdens or obligations upon particular category of Site,, including amendments which indirectly increase such burdens or obligations by reducing the burdens.or obligations upon another category, shall be effective unless the instrument making such amendment is signed by 51 percent of the Members within such category. 8.4 Annexation. Additional property and Common Area may be annexed to the property I with the consent of 51 percent of the Membership interests being voted in person or by mail in connection with such annexation. IN WITNESS WHEREOF, the undersigned being the Declarants herein have caused these presents to be executed in their name and their seal to be hereunto affixed this day of , 2000. ■T \SSOCIATION By. , President By. , Secretary 13 I9'1 STATE OF MINNESOTA ) ) ss. COUNTY OF OTTER TAIL ) The foregoing instrument was acknowledged before me this ___ day of Grantor.200 1 Notary Public ft STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this , 200day of !■ Grantor. Notary Public STATE OF ) ss. COUNTY OF The foregoing instrument was acknowledged before me this 200_,___________day of Grantors. ; Notary Public 1 r i ■: 'i CERTIFICATE OF MEMBERSHIP Certificate Number _r THIS CERTIFIES that is the owner anc. registere holders of one (I) membership interest in _ Cooperative Association, a cooperative association organized under the laws of the State of Minnesota. This membership interest shall be transferable only in accordance with the By-Laws of the Cooperative Association and entitles said member to one (1) vote. This membership interest is subject to all restrictions as set forth in the By-Laws, Occupancy Agreement, and Declaration of Covenants,; Conditions and Restrictions which have been adopted for use by the Board of Directors of t Vssociation. IN WITNESS WHEREOF, the said cooperative association has caused this certificate to be signed by its duly authorized officers this _day of _ \SSOCIATION j I , President f , Secretary 1 V>- 'C OTC Parcel Map Output Page 1 of 1 4? •• http://www.ottertailcounty.net/servlet/com.esri.esrimap.Esrimap?ServiceNanie=parcelscounty&ClientVersi( 2/16/2006 BRANDBORG LAW OFFICE ATTORNEYS AT LAW Penn C. Brandborg penn@brandborglaw Reid W. Brandborg reid@brandborglaw.com December 8, 2005 315 South Mill Street, P.O. Box 475 Fergus Falls, MN 56538-0475 Phone 218-736-7447 Fax 218-736-2800 .com Otter Tail County Board of Commissioners Otter Tail County Courthouse Fergus Falls, MN 56537 RE: Plat of Golf View Estates First Addition Subdivider: Stalker Lake Golf Course, LLC A Minnesota Limited Liability Company Board Members: PRELIMINARY OPINION I hereby certify that I have examined the above-described plat including the signatories thereon and an abstract of title consisting of entries 1 through 93 inclusive, last certified by West Central Abstracting CO. to the hour of 8:00 a.m. on December 5, 2005. From such examination I conclude that good record title in fee simple absolute is in the Subdivider’s so as to vest in the public those right-of-way rights and easement rights as in the plat, subject to the following: 1 Mortgage in favor of Wells Fargo Bank, National Assoc, dated November 4 2004, recorded on November 8, 2004, as document #965888. Right of way easement to Lake Region Co-op Electrical Association, dated October?, 1987, recorded as Document#668625. Right of way easement to Lake Region Co-op Electrical Association dated October?, 1987 recorded as Document#668626. Rights of the public in a common-law dedicated road as described in the Judgment dated October 14, 2003, and recorded October 17, 2003 as Document #941773. Right of way easement to Lake Region Co-op Electrical Assoc, dated April 22, 2004, and recorded May 3, 2004 as Document #952999. Right of way easement to Lake Region Co-op Electrical Assoc, dated October 12,1987, recorded October 19, 1987 as Document #668612. 2 3 4 5 6 I further agree to furnish the Final Title Opinion following the recording of the plat as required by the Subdivision Controls Ordinance of Otter Tail County, Minnesota. Sinc^ly, enn C. Brandborg WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER & MARCH 1^^ understand that, due to snow cover, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my piioperty/project (Tax Parcel # |?<^o / Application , As a result, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of the receipt of the completed Application(s). I understand that in the al^sence of a waiver of the 60-Day Requirement, the County may have no alternative but to deny my Application(s). Therefore, I hereby agree to waive the 60-day time limit in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view the property before taking action on my Application(s). described in my dated (3- / PROPERTY OWNEfT^ / jDATED 11-02-04 M bowman forms-apps waiver 60 day rule MaLMti '. !ki‘ 9 PRELIMINARY COMMON INTEREST COMMUNITY ^ GOLF VIEH ESTATES 1ST ADDITION \: r \/ P T : L I V P V O't-■r : : i V:■E'LT. RVH '■LINE OF CULVEftT 50 25 O 50 too 150 SCALE IN FEET PROPOSED ROAD PROFILE SCALE: I INCH = 50 FEET BEAR'NGS ARE BASED ON AN ASSUMED DATUM. • DENOTES IRON MONUMENT FOUND. O DENOTES IRON MONUMENT SET MARKED "PLS 13620 $ 17325". P-i-ce :>ENOTES LiniTED COMnON ELEMENT PARKING.I J DENOTES UNIT ENVELOPE. 1340 1340 13301330 jja H>0PROPOSED GRADE o oot ■—ootxinox '—-r^ooai.NO LAKE ACCESS TO THE PROPOSED C.LC.1320 1320_ nw .-r: .*TT .T lAUTl€&. C$L' 4*5^) I TIER I CALCULATIONS:^EXISTING GRADE TOTAL AREA TOTAL AREA EXCLUDING: 1. PUBLIC ROAD R/N - 13,034.^ S.F. TOTAL = 16,622.73 S.F. 24,657.72 S.F. 1310 1310 ■BASE DENSITY OF DNELLING UNITS = 0.2073 MAXIMUM ALLOHABLE DENSITY PER TIER - 0.3117 TIER I » OF UNITS - O i.V I.r nb'i13001300 TIER 2 CALCULATIONS:ss O !TOTAL AREA TOTAL AREA EXCLUDING: I. PUBLIC ROAD R/N - I6,I34S5 S.F. TOTAL = I32,F74S0 S.F. / f 14^1,11435 S.F./» /V* ^ /f^ZJ iO-hOO 1+00 2+00 3+00 4+00 LINE OF GOV'T LOT 4 I/..|-SEC. 34-132-4)//BASE DENSITY OF DNELLING UNITS = 1.6622 MAXIMUM ALLONABLE DENSITY PER TIER - 2.4F34 TIER 2 « OF UNITS = 2 /.f...Q /l/■ %7 Q..-I /7ONNER/DEVELOPER: STALKER LAKE GOLF COURSE ATTN: MILT SMEDSRUD 112 EAST LINCOLN / VENUE FERGUS FALLS, ML 565-i7 C2!3) 73S-2204 LEGAL DESCRIPTION PART OF GOVERNMENT LOT 4 IN SECTION 3, TCHNNSNIP 131, RANGE 4! AND PART OF GOVERNMENT LOT 4 IN TIER 3 CALCULATIONS:/7 TOTAL AREA TOTAL /RFA EXCUJPiNQ: I. PUBLIC ROAD R/N = 4,421.51 S.F. TOTAL - 31,537.43 S.F. 36,45S.S33 S.F.fc>-I /*0 ^3..............................■/i. L l^iTiefiI/1 c\^ 0'^ SECT‘Ot4 34, TCNNSNIP 132, RANGE 4t,tI/Ti\OTTER TAIL COUNTY, MINNESOTA./I \/BASE DENSITY OF DNELLING UNITS - 1.0142 MAXIMUM ALLONABLE DENSITY PER TIER - 2.0334 TIER 2 n OF UNITS - 2 TOTAL AREA = 265,236.6 S.F. IMPERVIOUS AREA - 61,370.5 S.F. 23.IZ TOTAL AREA OF 50 PERCENT OPEN SPACE - 203,366.! S.F. 76.4X I IDN LINE OF GOV'T LOT 4 /.1 A'TONNSHIP NAME » ST. OLAF O^l-Alj TORDENSKJOLD 032-4!,) !/SEC. 3-I3I-4I /IVT) •/IPARCEL NO. 54000030013001 /QC-./E4H ADDRESS = 15736 GOLF COURSE ROAD {/ r^ 5oi ;•■••Ov ui /,......../0) .rfiTirf : ■ 59 ••; • ^ • ••fQC 0■ 1 :« IIEROSION CONTROL NOTES:i.’\/ / i■ .■ ■ I: /INSTALLATION OF EROSION CONTROL BLANKETS NILL BE NECESSARY IN ALL AREAS NNERE NEEDED TO STABILIZE AND MINIMIZE EROSION DUE TO POTENTIAL STORM NATER RUNOFF. SILT FENCING AND BALE CHECKS HILL BE INSTALLED NHERE NECESSARY TO PREVENT EROSION OR SEDIMENTATION INFLOH INTO THE NETLANDS OR LAKE. ADDITIONAL BEST MANAGEMENT PRACTICES (^MP) FOR EROSION AND SEDIMENTATICH CONTROL PER MPCA GUIDELINES MAY BE USED TO SUPPLEMENT OR REPLACE THOSE NOTED ABOVE HHEN THERE IS NO DECREASE IN EFFICIENCY. V)\ 1^ ^0 ^ 3lOOO' SETBACK LINE FROM AN UNNAMED LAKEI33^ '-o . V5.• i.' VICINITY MAP ('NOT TO SCALE) STAU^flAKE REGULAR INSPECTION, MAINTENANCE OR REPLACEMENT OF ALL EROSION CONTROL DEVICES IS REQUIRED. ALL EXPOSED AREAS DUE TO CONSTRUCTION, OTHER THAN ROAD TOP AND SHOULDERS, SHALL BE SEEDED AND MULCHED AS QUICKLY AS POSSIBLE. -----------1I I BUILDING--. QW SETBACK'S••.U4INSTALLATION OF CULVERTS AT ALL LOCATIONS NECESSARY TO MAINTAIN EXISTING DRAINAGE PATTERNS.•K::8 SEC 34-132-41 r.1ft VJ GOV'T LOT 4 GOV'T LOT 3C3NOTES:oc.Ci :In - HEAVY LINE INDICATES BOUNDARY OF PROPOSED SUBDIVISION. ■■■■I323- ■■ ■ CONTOUR FROM FIELD LOCATED SPOT ELEVATIONS. COMMON DRIVEHAY TO BE CONSTRUCTED. SOILS - USDA, SOIL CONSERVATION SERVICE HAS CLASSIFIED THE FOLLOHING SOIL TYPES ON THIS PROPERTY: O'Q i I S 1 1 I . u.smJIC>.•1-..........,(p V5.aA....... .V* * ^ N, FORMAN-BUSE COMPLEX, 6 TO !2 PERCENT SLOPES, ERODED FORMAN-BUSE COMPLEX, !2 TO 20 PERCENT SLOPES, ERODED GONVICK LOAM “7-7 GOV'T LOT 4 GOV'T LOT 345C2 45D2 IL :SEC 3 41131y130/I V -4 "Sft:^ >■/STALKER LAKEROADI hj:AN ASSOCIATION HILL REGULATE THE COVENANTS OF C.LC. DEVELOPMENT. USAGE = RESIDENTIAL UNITS NONE OF THE PROPERTY LIES HITHIN A lOO YEAR FLOOD PLAIN. VEGETATION - THE PROPERTY CONTAINS A MIXED VARIETY OF UPLAND VEGETATION. I 0^ I \\ . .. ■ ■ ✓104I• •I*. ft:I I •• I I ✓*Qi:/—■■'=3-I I ,A/q:.:I . .1- • • • ■ *•“ 'I .\'?> * -aV ... \r •:PREUMINARY COUMON INTEREST COUUUNITY FOR: STALKER LAKE (SOLF COURSE ATTN: milt SMEDSRUD ■ /I I /PROPOSED POSSIBLE SEPTIC TREATMENT SYSTEM LOCATION. DESIGN TO BE PREPARED BY DELZER CONSTRUCTION., Y / I I I I * -., i_ — _''^3/s, 10 SURVEYOIR'S aEfRTIFiaATE I HEREBY CERTIFY THAT THIS SURVEY, PLAN OR REPORT HAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAHS OF THE STATE OF MINNESOTA. DATED THIS I2TH DAY OF DECEMBER, 2005. \TOTAL AREA OF COMMON INTEREST COMMUNITY - 6.0S ACRES TOTAL AREA OF OUTLOT A = 4.45 ACRES \ 5 ••/C ^ \ A) ~l V “v-.:....// “T L _ V_^ / NJNDERSON LAND SURVEYING, INC.FIELD BOOK ALS-iqi/IO CONTRACT NO. 3q7-05FF FOLDER 3^7-05 DRAWN BY JAP/rns F •3/3 SOUTH MILL STREET, FERGUS FALLS, MN 56533-0125 {213) 73^-5263 NASHINGTON AVENUE, DETROIT LAKES, MN 56501 ('213J 347-05CV 507 N. NOKOMIS STREET, ALEXANDRIA, MN 56303 (320) 762-5263 FIELD CREW RVB, JPR -.33 DWG FILE 3q7-06FF CRD FILE 517-03 CR5 FILE 3^7-06 O I-------Y'Ti-7T XI DAVID !A. ANDERSON PROFESSIONAL LAND SURVEYOR MINN. LICENSE NO. 13620 '/ • •t___/DRAWING NUMBERI^ y I SEC - TWP - RG 34 - 132 - 41 3 - 131 - 41 y o CHECKED BY DAA 7266 y ( "ir