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Home My WebLink About55000010008004_Conditional Use Permits_06-20-20181 OTTER TAIL COUNTY ^ Conditional Use Permit # AfAi6(y\ h I j*| Rangel^^ Twp. NameScd^H >021^ Owner’s Name Property Addre^ M[4 * Lake Sec. _|_Twp.Location: sn^-ooD-ov oO Wo I OL -7-<g--^i8 —w(m :. ti)/a ^ n|l,-TiO<a n|u /loi^Expires:Valid: Land and Resource Manadement Official / Date 1. Entire area shall be stabilized within 10 days of the completion of any earthmoving unless otherwise 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'ln a conspicuous place not more than 4 feet above grade on the premises on which work is to be done, . ._x:i.j .U..II I. _ .A.:____^ al. . _ Date Stamp ^ RECBVE-D MAY 23 20'8 "IaNDSBESOURCE 1208808 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 07/13/2018 09:03 AM FEE: 46.00 PAGES 11 WELL CERTIFICATE REC'D: N iCvJCjOLO X '03 L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT / INTERIM 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 Receipt Number I Accepted By / Date I4r^l ^iua ».fl.s^>hAYTiMEphone "7oI 9,0. R^■^r 5g/Ofc> ___ 5(p'7j5t 4 .Sot/vPROPERTY OWNER(S) MAILING ADDRESS G-PVA\LAKE CLASSLAKE NAME TOWNSHIP ( ?) *1 RANGE LAKE NUMBER Dilih 1 TOWNSHIP NAMESECTION E-911 ADDRESSI^SOoOOlOOO'i^OOHPARCEL NUMBER LEGAL DESCRIPTION a 5^ Please check the appropriate requests CONDITIONAL USE PROJECT Industrial UseResidential PUD Extractive UseTopographical Alteration___ Commercial Use___ Commercial PUD Forest Land Conversion Boat Access Commercial WECS Miscellaneous INTERIM USE PROJECT Existing Dwelling Removal____ Existing Dwelling Repurposing____ Impervious Surface____ SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Cow.^^'FllcA- “StVc -)-0 L>-2 a4-< iT~ ®L/v ^ I • C. La. , [ 4A(^ /{a P (L a . 10,000 garll 0\y\ Co ^ 1'LjO tV S iV\ I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND. I ALSO UNDERSTAND TH^T OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO QT LAt^ & RESOURCE MANAGEMENT REGARDING THIS MATTER.CON 5-Z3-^AfURE DATEOF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) .^0,TimeDate Of Planning Commission Hearing nnu/u Planning Commission Recommendation Motion: A motion by Wilson, second by Trites to approve provided the project complies with the Otter Tail County Highway Department’s letter dated June 12,2018. Chairmali/Otter Tail County PJ^nii^ Commission County Board Action \y^ Approved As Recommended Denied As Recommended Other Chaj^3ran/O^PI'ail County Bo^rd^of Commissioners Date of Final Action /o‘io4CONDITIONAL USE PERMIT # L & R Cftficial/Date INTERIM USE PERMIT # L & R Official/Date Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) L & R Official/Date ^ Copy of Application Mailed to Applicant, Co. Assessor and MN DNR Kb bk 08232017-006 i6isa 364,737 • Vidor Lundeen Co., Printers • Fergus Falls. MN • 1-0OO-346-487O No delinquent taxes and transfer entered- Certificate of Real Estate Valu ( X ) filed ( ) not required Real Estate Value No.to^^ 1206157e Cert, of CAROL SCHMALTZ OTTER TAIL COUNTY '^®yf%Stein, County Auditor/T, :<o RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MNOOCsiCO(Year) reasurer RECORDED ON 05/15/2018 12:42 PM FEE: 46.00byX PAGES 8o>~SS00O0iO(^(Sa^ --------Bepirtr—-iOO © WARRANTY DEED IndlviduaKs) to Entity © eCRV number. ©n j^f©.2017Date:DEED TAX DUE: $990.00 FOR VALUABLE CONSIDERATION^David P. Buritel, Jr. and Robin R. Burkel, husband and wife, Grantor, hereby conveys and vrarrants to Ameson Holdings, LLC, a limited liability company under the laws of North Dakota, Greritee, Grantor’s undivided 50.00% interest in real prqserty in Otter Tail County, Minnesota descri^ as follovtrs: See attached Exhibit A Check here if all or part of the described real property is Registered (Tonens) □ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: easements, restrictions, rights of way of recor^and the lien ^ all unpaid special assessments.©©Check applk^ble box:^ The ^ler certifies that the seller does not know of any wells on the de^'t^ real property. □ A well disclosure certificate accompanies this document or has been elec^ically filed (If electronically filed, insert WDC number □ I am familiar with the property described in this instrument and I certify th^'fae status and number of wells on the described real property have not changed since the last previoui^ filed well disclosure certificate. 't '7x--7^GrrCOUNTY OF OTTER TML STATE OF DODTAXS,.^ NUMBER DATE tSrrtio-i ^ srra rA David P. Burkel, Jr. / Page 1 of 2 Otter Tail County, Minnesota 1206157 1 of 8 ^ .21 •■•r Robin R. Burkel/JT)STATE OF ) )8S. COUNTY OF ) This instnjment was acknowledged tefore me this<^£jTday of David P. Burkel, Jr. and Robin R. Burkel, husband artd vi^. Grantor. fT2017, by A.' '*■ A A A A JLAA. A A AA A A A A A Notary Pu^ TT~ ~ My Gommi^ion Expires; ^ ' 7 ’ .2- rVIRGINIA STOC»®URGER Notary Public „ State of North Dakota „ ' My Commiasion Expires May 7,2021 > V V V V V V V T [SEA1 I H V V V V V THIS INSTRUMENT WAS DRAFTED BY;TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED INSTRUMENT SHOULD BE SENT TO; THISIN DGD Enterprises, LLP P.O. Box 9949 Fargo, ND 58106-9949 Gregory L. Thompson Anderson, Bdttrell, Sanden & Thompson 4132 SO**'Avenue South, Suite 100 P.O. Box 10247 Fargo, ND 58106-0247 (701)235-3300 vjb f:\7539\5\i\Warranty Deed Burkel to CJ Holdings Page 2 of 2 V otter Tail County, Minnesota 1206157 2 of 8 EXHIBIT A That part of Government Lot 5, Section 1. Township 137, Range 43 and that part of Government Lot 9, Section 2, Township 137, Range Otter Tail County. Minnesota, lying northerly of the following described line: Commencing at the northeasterly corner of Lot 18, ENGLE'S BEACH, said plat is on file in the office of the Recorder^ said County; thence on an assumed bearing of South 78 degrees 10 minutes 32 seconds West along the northerly line of said ENGLE'S BEACH, a distance of 20.50 feet; thence North 01 degree 28 minutes 39 seconds West a .distance of 262.30 feet; thence South 84 degrees 42 minutes 34 seconds East a distance of 570.58 feet to a point hereinafter referred to as Point A; thence continuing South 84 degrees 42 minutes 34 seconds East a distance of 225.91 feet; thence North 04 degrees 44 minutes 25 seconds East a distance of 212.29 feet to a point hereinafter referred to as Point B; thence North 88 degrees 52 minutes 57 seconds East a distance of 454.82 feet to the east line of said Government Lot 5, being the point of beginning of the line to be described; thence South 88 degrees 52 minutes 57 seconds West a distance of 454.82 feet to the aforementioned Point B; thence South 04 degrees 44 minutes 25 seconds West a distance of 745 feet more or less, to the shoreline of Pelican Lake; thence westerly, along said shoreline to the intersection with a line which bears South 04 degjrees 44 minutes 25 seconds West from the aforementioned Point A; thence North 04 degrees 44 minutes 25 seconds East a distance of 539 feet more or less, to the aforementioned Point A; thence North 84 degrees 42 minutes 34 seconds West a distance of 570.58 feet; thence South 01 degree 28 minutes 39 seconds East a distance of 262 30 feet to said northerly line of ENGLE'S BEACH; thence South 78 degrees 10 minutes 32 seconds West along said northerly line, a distance of 849.21 feet to the northwesterly comer of Lot 17, said ENGLE'S BEACH, said point being on the easterly-line of that certain tract of land listed in the second paragraph of the premises awarded per Final Judgment and recorded as Document No. 727824 in said office of the Recorder; thence North 11 degrees 50 minutes 20 seconds West along the easterly line of said tract of land, a distance of 78.38 feet to the northeasterly corner of said tract of land; thence South 84 degrees 45 minutes 59 seconds West along the northerly line of said tract of land, a distance of 529.84 feet to the northwesterly corner of said tract of land; thence on a bearing of South along the westerly line of said tract of land and its southerly extension, a distance of 471.78 feet to a point lying 20.00 feet easterly of the northeasterly corner of Lot 1, Block 1, PELICAN BEACH, said plat is ori file in said office of the Recorder, said point being measured from the northeasterly corner of said Lot 1 and being measured perpendicular to the easterly line of said Lot 1; thence on a bearing of West a distance of 20.00 feet to the northeasterly corner of said Lot 1 and there terminating. Containing 72.62 acres more or less. Subject to County State Aid Highway No. 9 right-of- way easements. Further subject to other easements and reservations of record, if any. AND That part of Government Lot 5, Section 1, Township 137 North. Range 43 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows: Otter Tail County, Minnesota 1206157 3 of 8 Commencing at a found iron monument which designates the northwesterly corner of Lot 18, “Engle's Beach”, plat of which iS, on file and of record in the office of the Recorder of said County: thence South 70 degrees 45 minutes 00 seconds west 20.50 feet on an assumed bearing along the northerly line of said “Engle's Beach” to a found iron monument on the West line of said Section 1; thence North 00 degrees 05 minutes 49 seconds East 262.30 feet along the west line of said Section 1; thence South 83 degrees 08 minutes 06 seconds East 796.49 feet to the point of beginning; thence continuing South 83 degrees 08 minutes 06 seconds East 419.65 feet to an iron moriument bn the westerly right of way line of County State Aid Highway No. 9; thence South 01 degree 28 minutes 22 seconds West 60.00 feet along the westerly right of way line of said County State Aid Highway No. 9 to a found iron monument; thence North 88 degrees 37 minutes 01 second West 100.01 feet to a found iron monument; thence South 01 degree 27 minutes 59 seconds West 50.00 feet to a found iron monument; thence South 88 degrees 37 minutes 01 second East 100.00 feet to a found iron monument on the westerly right of way line of said County State Aid Highway No. 9; thence South 01 degree 28 minutes 22 seconds West 264.13 feet along the westerly right of way line of said County State Aid Highway No. 9; thence South 53 degrees 35 minutes 51 seconds West 166.64 feet along the westerly right of way line of said County State Aid Highway No. 9; thence North 74 degrees 16 minutes 39 seconds West 103.35 feet along the northerly right of way line of said County State Aid Highway No. 9; thence westerly continuing along the northerly right of way line of said County State Aid Highway No. 9 on a curve, concave to the south, having a central angle of 08 degrees 48 minutes 32 seconds and a radius of 1482.40 feet for a distance of 227.91 feet (chord bearing North 78 degrees 40 minutes 55 seconds West); thence North 06 degrees 18 minutes 53 seconds East 4.64 feet to an iron monument; thence continuing North 06 degrees 18 minutes 53 seconds East 432.82 feet to an iron monument: thence continuing North 06 degrees 18 minutes 53 seconds East 15.65 feet to the point of beginning. EXCEPT the following described tract: That part of Government Lot 5, Section 1, Township 137 North, Range 43 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows: Commencing at a found iron monument which designates the northeasterly comer of Lot 18, of “Engle's Beach”, plat of which is on file and of record in the office of the Recorder of said County; thence South 79 degrees 45 minutes 00 seconds West 20.50 feet on an assumed bearing along the northerly line of said “Engle's Beach” to a found iron monument on the west line of said Section 1; thence North 00 degrees 05 minutes 49 seconds East 262.30 feet along the west line of said Section 1; thence South 83 degrees 08 minutes 06 seconds East 1216.14 feet to an iron monument on the westerly right of way line of County State Aid Highway No. 9; thence South 01 degree 28 minutes 22 seconds West 226.45 feet along the westerly right of way line of said County State Aid Highway No. 9. to an iron rrionument, said point is the point of beginning; thence continuing South 01 degree 28 minutes 22 seconds West 147.67 feet along the westerly right of way line of said County State Aid Highway No. 9 to an iron monument; thence South 53 degrees 35, minutes 51 seconds West 166,64 feet along the westerly right of way line of said. County State Aid Highway No. 9 to an iron monument; thence North 74 degrees 16 minutes 39 seconds West 103.35 feet along the northerly right of way line of said County State Aid Highway No. 9 to an iron monument; thence North 16 degrees 55 minutes 39 seconds East 74:56 feet to an otter Tail County, Minnesota 1206157 4 of 8 iron monument; thence North 55 degrees 41 minutes 29 seconds Eaist 261.13 feet to the point of beginning. AND INCLUDING the following described.'tract; That part of Government Lot 5, Section 1, Township 137 North, Range 43 West of the Fifth Principal Meridian in Otter Tail County. Minnesota described as follows: That tract of land lying and being between County Highway: No. 9 and the lake shore of Pelican Lake, immediately adjacent to and South of the aboye described property, less West 25 feet adjoining Lot Four (4), Block One (1), Erickson's Addition, including any and all riparian rights. AND All that part of Government Lot Five (5) of Section One (1), Township One Hundred Thirty- seven (137) North, of Range Forty-three (43) VVest, of the Fifth Principal Meridian, with the following boundaries; Corhmencing at the Northeast comer of Government Lot 4 in said Section 1, Township 137, Range'43; thence on an assumed bearing due South on and along the East boundary lines of said Government Lots 4 and 5, a distance of 2,565.4 feet to the point of beginning of the tract hereby conveyed; thence due West a distance of 153.9 feet; thende South 00 minutes 5 seconds West a distance of 50 feet; thence due East a distance of 154 feet, more or less, to the East boundary line of said Government Lot 5; thence North on and along said East boundary line a distance of 50 feet to the point of beginning, and containing 0.18 of an acre. Subject to an easement for a public road over the Easterly. 54 feet of said tract. and That part of Government Lot 5 of Section 1, Township 137 North, Range 43 West of the Fifth Principal Meridian in Otter Tail CbUnty, Mirinesota, described as follows: Commencing at a found iron monurnent which designates the northeasterly comer of Lot 18 of Engle’s Beach, said plat is on file and of record in the office of the Recorder of said County; thence South 79 degrees 45 minutes 00 seconds West 20.50 feet on an assumed bearing along the northerly line of said Engle’s Beach to a found iron monument on the west line of said Section 1; thence'North 00 degrees 05 minutes 49 seconds East 262:30 feet along the yirest line of said Section 1; thence South 83 degrees 08 minutes 06 seconds East 796.49 feet to an iron monument, said point is the point of beginning;, thence continuing South 83 degrees 08 minutes 06 seconds East 419.65 feet to an iron monument on the westerly right of way line of County State Aid Highway No. 9; thence North 01 degrees 28 minutes 22 seconds East 258:06 feet along the westerly right of way line of said County State Aid Highway No. 9 to an iron monument; thence North 89 degrees 32 minutes 35 seconds West 399.93 feet to an iron monument; thence South 06 degrees 18 minutes 53 seconds West 212.29 feet to the point of beginning. The above described tract contains 2.21 acres. otter Tail County, Minnesota 1206157 5 of 8 AND That part of Government Lot 5 in Section 1, Township 137 North. Range 43 West of the Fifth Principal Meridian in Otter Tail County. Minnesota, described as follows; Commencing at a found iron monument which designates the northeasterly corner of Lot 18 of ENGLE'S BEACH, said plat is on file and of record in the office of the Recorder in said County; thence South 78 degrees 10 minutes 32 seconds West 20.50 feet on an assumed bearing along the northerly line of said ENGLE'S BEACH to a found iron monument (said point bears North 78 degrees 10 minutes 32 seconds East 849.21 feet from a found iron monument at the northwesterly corner of Lot 17 of said ENGLE'S BEACH as measured along the northerly line of said ENGLE'S BEACH); thence North 01 degree 28 minutes 39 seconds West 262.30 feet; thence South 84 degrees 42 minutes 34 seconds East 570.58 feet to a found iron monument; thence continuing South 84 degrees 42 minutes 34 seconds East 225.91 feet to an iron monument at the northwesterly corner of DGD Enterprises LLP's land as described in Instrument No. 1034987. said Instrument is on file and of record in the office of the Recorder in said County; thence South 04 degrees 44 minutes 25 seconds West 453.12 feet along the westerly line of said DGD Enterprises LLP's land to a found iron monument on the northerly right of way line of County State Aid Highway No. 9. said point is the point of beginning; thence easterly along the northerly right of way line of said County State Aid Highway No. 9 on a curve concave to the south, having a central angle of 08 degrees 48 minutes 32 seconds and a radius of 1482.40 feet, for a distance of 227.91 feet (chord bearing South 80 degrees 15 minutes 23 seconds East) to a found iron monument at the most westerly comer of Thomas W. Hanson's land as described in Document No. 661295, said Document is on file and of record in the office of the Recorder in said County; thence South 05 degrees 32 minutes 01 second West 50.57 feet to the intersection of the centerline of said County State Aid Highway No. 9 with the northerly prolongation of the most westerly possible line of Thomas W. Hanson's land as described in Document No. 661297, said Document is on file and of record in the office of the Recorder in said County; thence South 00 degrees 55 minutes 32 seconds West 40 feet, more or less, along said northerly prolongation to the water’s edge of Pelican Lake; thence westerly along the water's edge of said Pelican Lake to the intersection with a line which bears South 04 degrees 44 minutes 25 seconds West from the point of beginning; thence North 04 degrees 44 minutes 25 seconds East 30 feet, more or less, to an iron monument; thence continuing North 04 degrees 44 minutes 25 seconds East 50.00 feet to the point of beginning. The above described tract contains 19,000 square feet, more or less. SUBJECT TO an easement for right of way purposes over, under and across the above described tract for County State Aid Highway No. 9 as located and established on January 17, 2012. AND otter Tail County, Minnesota 1206157 6 of 8 That part of Government Lot 5 in Section 1, Township 137 North, Range 43 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows: Commencing at a found iron monument which designates the northeasterly corner of Lot 18 of ENGLE'S BEACH, said plat is on file and of record in the office of the Recorder in said County; thence South 78 degrees 10 minutes 32 seconds West 20.50 feet on an assumed bearing along the northerly line of said ENGLE'S BEACH to a found iron monument (said point bears North 78 degrees 10 minutes 32 seconds East 849.21 feet from a found iron monument at the northwesterly corner of Lot 17 of said ENGLE'S BEACH as measured along the northerly line of said ENGLE'S BEACH); thence North 01 degree 28 minutes 39 seconds West 262.30 feet; thence South 84 degrees 42 minutes 34 seconds East 570.58 feet to a found iron monument; thence continuing South 84 degrees 42 minutes 34 seconds East 225.91 feet to an iron monument at the northwesterly corner of DGD Enterprises LLP's land as described in Instrument No 1034987, said Instrument is on file and of record in the office of the Recorder in said County; thence continuing South 84 degrees 42 minutes 34 seconds East 419.65 feet along the northerly line of said DGD Enterprises LLP's land to an iron monument at the northeasterly comer of said DGD Enterprises LLP's land, said point also being on the westerly right of way line of County State Aid Highway No. 9; thence South 00 degrees 06 minutes 06 seconds East 60 00 feet along the easterly line of said DGD Enterprises LLP's land and along the vyesterly right of way line of said County State Aid Highway No. 9 to a found iron monument, said point is the point of beginning; thence South 89 degrees 48 minutes 31 seconds West 100.01 feet continuing along the easterly line of said DGD Enterprises LLP's land to an iron monurnent; thence South 00 degrees 06 minutes 29 seconds East 50.00 feet continuing along the easterly line of said DGD Enterprises LLP's land to an iron monument; thence North 89 degrees 48 minutes 31 seconds East 100.00 feet continuing along the easterly line of said DGD Enterprises LLP's land to an iron monument on the westerly right of way line of said County State Aid Highway No. 9: thence North 00 degrees 06 minutes 06 seconds West 50.00 feet along the westerly right of way line of said County State Aid Highway No. 9 to the point of beginning. The above described tract contains 5,000 square feet. EXCEPT the following described tract: That part of Government Lot 5 in Section 1, Township 137 North. Range 43 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows; Commencing at a found iron monument which designates the northeasterly comer of Lot 18 of ENGLE'S BEACH, said plat is on file and of record in the office of the Recorder in said County; thence South 78 degrees 10 minutes 32 seconds West 20.50 feet on an assumed bearing along the northerly line of said ENGLE'S BEACH to a found iron monument; thence continuing South 78 degrees 10 minutes 32 seconds West 66.70 feet along the northerly line of said ENGLE'S BEACH to the west line of said Section 1 (said point bears North 78 degrees 10 minutes 32 seconds East 782.51 feet from a found iron monument at the northwesterly comer of Lot 17 of said ENGLE'S BEACH as measured along the northerly line of said ENGLE'S BEACH); thence North 00 degrees 04 minutes 16 seconds West 347.62 feet along the west line of said Section 1; thence South 84 degrees 42 minutes 34 Otter Tail County, Minnesota 1206157 7 of 8 seconds East 735.27 feet to an iron monument, said point is the point of beginning; thence North 84 degrees 42 minutes 34 seconds West 735.27 feet to the west line of said Section 1; thence North 00 degrees 04 mjnutes 16 seconds West 75.33 feet along the west line of said Section 1; thence South 84 degrees 42 minutes 34 seconds East 463.32 feet; thence North 70 degrees 55 minutes.49 seconds East 39.58 feet to an iron monument; thence continuing North 70 degrees 55rminutes 49 seconds East 250.50 feet to an iron monument; thence continuing North 70 degrees 55 minutes 49 seconds East 18 89 feet to a point hereinafter referred to as Point A; thence South 48 degrees 12 minutes 03 seconds East 104.21 feet; thence South 57 degrees 17 minutes 21 seconds East 205.18 feet; thence South 12 degrees 59 minutes 20 seconds West 17.53 feet to an iron monument; therice continuing South 12 degrees 59 minutes 20 seconds West 388.28 feet to an iron monument; thence South 40 degrees 21 minutes 21 seconds West 174.56 feet to an iron monument; thence South 09 degrees 43 minutes 27 seconds West 20.18 feet to an iron monument; thence continuing South 09 degrees 43 minutes 27 seconds West 72.51 feet to an iron monument; thence continuing South 09 degrees 43 minutes 27 seconds West 9 feet, more or less, to the water's edge of Pelican Lake; thence westerly along the water's edge of said Pelican Lake to the intersection with a line which bears South 04 degrees 44 minutes 25 seconds West from the point of beginning; thence North 04 degrees 44 minutes 25 seconds East 80.68 feet, more or less, to an iron monument; thence continuing North 04 degrees 44 minutes 25 seconds East 524.32 feet to the point of beginning. The above described tract contains 5.1 acres, more or less. SUBJECT TO AND TOGETHER WITH a 33.00 foot wide easement for driveway purposes over, under and across part of the above described tract and over, under and across part of said Government Lot 5. The centerline of said 33.00 foot wide driveway easement is described as follows; Beginning at the aforementioned Point A; thence South 48 degrees 12 minutes 03 seconds East 104.21 feet; thence South 57 degrees 17 minutes 21 seconds East 224.31 feet; thence easterly oh a curve concave to the.north, having a central angle of 28 degrees 53 minutes 08 secorids and a radius of 400 .00 feet, for a distance of 20 1.66 feet (chord bearing South 71 degrees 43 minutes 55 seconds East); thence South 86 degrees 10 minutes 29 seconds East 60.78 feet to the westerly right of way line of County State Aid Highway No. 9 and said centerline there terminates. At the point of beginning of said centerline, the sidelines of said 33.00 foot wide driveway easement shall be prolonged or shortened to terminate on a line which bears South 70 degrees 55 minutes 49 seconds West and North 70 degrees 55 minutes 49 seconds East frorn the point of beginning of said centerline. At the point of termination of said centerline, the sidelines of said 33.00 foot wide driveway easement shall be prolonged or shortened to terminate on the westerly right of way line of said County State Aid Highway No. 9. AND FURTHER SUBJECT TO an easement for right of way purposes over, under and across the southerly part of the above described tract for County State Aid Highway No. 9 as located and established on December 29, 2010. Otter Tail County, Minnesota 1206157 8 of 8 OTC Board of Commissioners’ Minutes June 26, 2018 Page 5 Preliminary Plat - “Pelican Lake Park Fourth Addition’/Janet Foss & Eileen Scheel: Motion by Huebsch, second by Lindquist and unanimously carried to approve the Preliminary Plat of Janet Foss and Eileen Scheel known as Pelican Lake Park Fourth Addition with a condition as recommended by the Planning Commission. The proposal is located in Part of Lot 16 Pelican Lake Park Third Addition (4.55 Acres), Section 05 of Dunn Township: Pelican Lake (56-786), GD. Conditional Use Permit - Fox Fishing Frenzy, LLC: Motion by Froemming, second by Rogness and unanimously carried to approve a Conditional Use Permit to construct a pole barn and a driveway to the proposed structure as presented. The proposal is located in Lot 1 BIk 1, Zavoral’s Lookout, Section 36 of Candor Township; Loon Lake (56-523), RD. Conditional Use Permit - Craig Chmielewski & Sandy Meiser: Motion by Lindquist, second by Froemming and unanimously carried to approve a Conditional Use Permit for site preparation work with required information received by the Land & Resource office on May 25, 2018. The parcel Is a 2.60 Ac Part GL 3 Known as Tract F in Unrecorded Plat of Leaf Lake Retreat, Section 25 of Leaf Lake Township; East Leaf Lake (56-116), RD. Otter Tail County Highway Department: Motion by Froemming, second by Huebsch and unanimously carried to approve a Conditional Use Permit for S.A.P. 056-627-014, reconstruction of CSAH 27 from North Woodland Dr. to CSAH 10 as presented. The project is located on County Highway 27, From a point 222 feet South of the Northwest Section Corner of Section 26-T133N-R43W to a point 1358 feet North of the Southeast Section Corner of Section 34-T134N- R43W (CSAH 27 from North Woodland Drive to CSAH 10). From Station 56+50 to 98+40 is within the Shoreland Area, totaling 4,190 feet; Unnamed Lake (56-862), NE. Conditionat Use Permit - Arneson Hoidinas: Motion by Froemming, second by Huebsch and unanimously carried to approve a Conditional Use Permit to construct a site for the sale of gas to water traffic on Pelican Lake with a condition as recommended by the Planning Commission. The proposal is located in Pt of GL 5, Section 01 of Scambler Township: Pelican Lake (56-786), GD. Conditional Use Permit - Arturo & Erika Escobar: Motion by Huebsch, second by Rogness and unanimously carried to approve a Conditional Use Permit for 15 seasonal recreational comping sites with associated buildings with conditional as recommended by the Planning Commission. The proposal is located in Pt of GL 2 (5.50 Acres), Section 32 of Lida Township: Lake Lida (56-747), GD. Conditional Use Permit - Aaron Menze, et ai/Harms Farm Storage, LLC: Motion by Lindquist, second by Froemming and unanimously carried to approve a Conditional Use Permit for site work for construction of storage buildings as presented. The proposal is located on a 43.07 Acre Parcel located in the WA of the NW%, Section 28 of Otter Tail Township: Unnamed Lake (56-205), NE. Final Plats Motion by Huebsch, second by Froemming and unanimously carried to approve the following Final Plats: Ballard Woods, Gregory Ray Ballard, consisting of non-residential, non-riparian backlots, located in Second Addition to Broadwater Beach, GL 5, Section 7, Twp 137N, R42W, Pelican Lake (56-786) GD. Leaf Lake Partnership, Common Interest Community (CIC) No. 82, 7 units located in GL 2 Section 23, Twp 134N, R 38W, East Leaf Lake (56-116), RD. Otter Tail County, Planning Commission June 20, 2018; Page 5 Rick West (Public Works Director) represented the Application. Motion: A motion by Wilson, second by Rosenthal to approve as requested, extending the expiration date to July 30, 2019. Voting: All Members in favor. Arneson Holdings - Approved With A Condition: A Conditional Use Permit Application (as stated by the Applicant on the Application): Construct a site for a 10,000 gallon gas tank above ground for the sale of gas to water traffic on Pelican Lake. Site is in compliance with the MPCA. The proposal is located in Pt of GL 5, Section 01 of Scambler Township: Pelican Lake (56-786), GD. Cale Arneson represented the Application. Written correspondence was read into the record. Motion: A motion by Wilson, second by Trites to approve provided the project complies with the OtterTail County Highway Department’s letter dated June 12,2018. Voting: All Members in favor. Break: At 8:20 p.m., the Commission took a 10 minute break. Arturo & Erika Escobar - Approved With Conditions: A Conditional Use Permit Application (as stated by the Applicant on the Application): Requesting permission for 15 seasonal 60 x 40 (or equivalent) recreational camping unit sites in Tier 1 including 15 boat slips on North Lida Lake, with a 28 x 30 building for storm shelter, showers, lavatories and storage purposes and a recreation and activities room above, all located on 5.04 acres of bare land fronting North and South Lida Lakes. (Tier 1 calculations allow 22 units). Each of the 15 RCU site will have a 1000 gallon holding tank and water hook-up. The 28 X 30 building will have a 2000 gallon holding tank and centralized well. The building and RCU sites will be 100 feet or more from North Lida Lake and 75 feet or more from South Lida Lake and the projected impervious surface in Tier 1 is 18.6%. Access is provided by an existing gravel drive and approach off State Trunk Highway No. 108 as shown on Anderson Land Surveying Certificate of Survey No. 8569. Topographical Alteration: Request to extend the existing access with 180 cubic yards of gravel including the turnarounds. The proposal is located in Pt of GL 2 (5.50 Acres), Section 32 of Lida Township; Lake Lida (56-747), GD. Arturo & Erika Escobar and Glenn Howe (Anderson Land Surveying) represented the Application. Written correspondence was read into the record. Blake Bond had questions on the approach and indicated there are existing RCU rentals in the area. Motion: A motion by Trites, second by Rosenthal to approve with the following conditions: 1. Foot traffic is channeled to a designated area that is protected by MN Dot. 2. There is a prohibition for the use of golf carts lakeside of St Hwy 108. 3. Screening be provided for the boundaries. 4. Lightening be buffered. 5. Quite hours are implemented. 6. Signage is limited to 1 lighted sign on the building. 7. Applicant works with Land & Resource for an approved drainage plan. Voting: All Members in favor. Jack Rosenthal recused himself from the Meeting. Marsha Bowman Marsha Bowman Thursday, June 21, 2018 11:01 AM 'Cale Arneson' Chuck Grotte RE: Cale Arneson CUP Application, Pelican Lake {56-786); Letter from Charles Grotte, OTC Engineer SKM_454el8062110140.pdf From: Sent: To: Cc: Subject: Attachments: Good Morning Cale, As you requested, I have attached Charles Grotte's letter (dated June 12, 2018), that was read last evening at the Planning Commission Meeting. If you have any questions, please contact me. Have a nice day, Marsha Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 218-998-8099 —Original Message— From: Cale Arneson <cale@umotorsinc.com> Sent: Wednesday, June 20, 2018 8:31 PM To: Marsha Bowman <MBowman@co.ottertail.mn.us> Subject: Good Afternoon Marsha, It was good to see you this evening. Could you send me a copy of the letter from Charles Grotte regarding the Highway Department specifications? Thank you, Cale Arneson Sent from my iPhone 1 OTTER TAIL COUNTY HIGHWAY DEPARTMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.USOTTCR TAIl SOUTH COURT BUILDING 505 SOUTH COURT STREET, SUITE 1 FERGUS FALLS, MN 56537 218-998-8470 FAX: 218-998-8488RPOPRfcD JLi?l IJ 2018 ."Cl June 12,2018 Marsha Bowman, Recording Secretary Otter Tail County Planning Commission 540 Fir Avenue West Fergus Falls, MN 56537 Conditional Use Permit Application Request for: Sale of Gas on Pelican Lake, located in Section 1 of Scambler Township; Pelican Lake (56-786), GD; Applicant being Ameson Holdings RE: Dear Marsha: We have reviewed the referenced conditional use permit application and have the following comments: 1. The location proposed in the application is not acceptable to the Otter Tail County Highway Department as the proposed utility line crossing needs to cross the entire Highway Right of Way and not come up in the Highway Right of Way on the lake side. 2. We have no issue with the crossing if it is made at a location where the utility lines can come up outside of the Highway Right of Way on the lake side. The location on the east side of this parcel will meet this requirement. 3. The proposed utility lines will need to be in a steel casing through the Highway Right of Way. The proposed utility lines must be at least three (3) feet below the road ditch bottom and at least five (5) feet under the highway. 4. The property owner will need to submit a utility permit application for the fuel and electric lines under CSAH 9 to the Otter Tail County Highway Department for review and approval. If you have any questions or require additional information on this matter, please feel free to contact me at any time. Sincerely, Otter Tail County Highway Department Charles H. Grotte, P.E. County Engineer CHG:mk cc: Rick Hoium, Maintenance Supervisor File OTTER TML COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER Marsha Bowman Marsha Bowman Monday, June 11, 2018 9:25 AM Bert Olson (bmolson7@arvig.net); Brent Frazier; Bruce Stone; Dave Trites; David Wass; Jack Rosenthal; Loren Bailey (reabailey@gmail.com); Richard Gabe; Rick Wilson; Rod Boyer (rboyer@loretel.net) Chris LeClair; 'Cale Arneson'; Chuck Grotte; Michelle Eldien; Kurt Mortenson Conditional Use Permit Application; Sale of Gas on Pelican Lake (56-786) From: Sent: To: Cc: Subject: Good Morning, I am fonwarding you an email (below) that I received from Cale Arneson that addresses the results of a meeting he had with Charles Grotte (Hwy Engineer) on his Conditional Use Permit Application for the sale of Gas on Pelican Lake. He requested I provide you with this information. Have a nice day! Marsha Hcwihay Bowman/ Office/AdmlniitrcUcn- L(M\d/£r KeiOurce/McMxa.gemee\t QSC, 5W W fir fer^fcdU-,MN 56537 218-998-8099 From: Cale Arneson <Cale@umotorsinc.com> Sent: Monday, June 11, 2018 7:44 AM To: Marsha Bowman <MBowman@co.ottertail.mn.us> Subject: RE: DGD Enterprises; Conditional Use Permit Application Tabled to June 20, 2018; Pelican Lake (56-786) Good Morning Marsha, after meeting with Charles Grotte in the Highway department, I had to alter the placement of my dock, the tank will be in the same spot, but the dock will be back to the east across from Zorbaz. It is all still on the same parcel, that's just the only place I could bore across. Is it possible you could send out an email to the board members Just so they know where to look. I have both marked with your green signs. If you have any questions please give me a call. 1-701-388-3952 Thank You Cale Arneson 1 OTTER TAIL COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING APPLICANT:Arneson Holdings c/o Gale Arneson PO Box 9949 Fargo ND 58106 HEARING DATE/LOCATION:June 20, 2018, at 7:30 P.M. Commissioner's Room, Government Services Center West Fir Fergus Falls, MN 56537 CONDITIONAL USE PERMIT APPLICATION REQUEST (as stated by the Applicant on the Application): Construct a site for a 10,000 gallon gas tank above ground for the sale of gas to water traffic on Pelican Lake. Site is in compliance with the MPCA. LAKE NAME/NUMBER/CLASS: Pelican Lake (56-786), GD E-911 ADDRESS: N/A - West of 51749 Co. Hwy 9 (Zorbaz) LEGAL DESCRIPTION: Pt of GL 5, Section 01 of Scambler Township ** Weather Conditions may change the Hearing date and tinie. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office, by 4:30 p.m., for possible rescheduling of the-HearIng: The above Applicant has made Application tp the Otter Tail County Planning Commission for a Conditional Use Permit as per the requirenients of the Shoreland Management Ordinance of Otter Tail Cbunty. Details of the Application are available for viewing at the Land & Resource Management Office, Government Services Center 540 West Fir, Fergus Falls, MN 56537. Any comments regarding this request may be expressed at the Hearing or mailed to the Land & Resource Management Office at the above address. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095; prior to the hearing. Bert Olson May 30. 2018 Chairman Planning Commission Mailing Date Akclwl f^ECEIVED fuel station to service . To whom it may concern, I am applying for a conditional use permit to install a a 10,000 gallon gas tank that will be set back 90 feet from the center of the road 50 ft more than the minimum of 40 feet from the center of the road to abide by the county right of way. The tank will be set on a crushed concrete pad that is dug down 2 feet to provide a stable base. We will be going under the county highway 9 with two five inch pvc sleeves, one for electric and fiber and one for the gas line. My attorney has submitted evidence to the county attorney of my ownership rights to the lake I have also had this confirmed by a second real estate attorney. All boring will be handled by MVM Contracting out of Fargo. We will be installing an 85ft dock that will have a fuel dispenser at the end with fuel on both sides. Both will have hose returns to ensure hoses and nozzles will be out of the water and will have to be put back in dispenser to complete purchase of fuel to ensure them not being neglected or being in contact with the lake. This will be all ran off of a credit card machine and will also be integrated into the dispenser. There will be an emergency shutoff also will be on the dock set back from the dispenser allowing immediate action if needed. ODAY Tank and Equipment will be handling the fuel station. Please see attached drawings for fuel station renderings. St of I have submitted my plans to the Bryan Olson of the MPCA and Trevor Steeves the Fire Chief for the Pelican Rapids Fire Department and I have approval letters from both. Please see the attached letters. I reached out to the Julie Aadland at the Minnesota DNR and she said with it being a single dock system and having the approval of the MPCA, there was no issues on her end. I also contacted Dave Majzjak of the Pelican Lake owners association and was told they saw no issues with the proposed fueling station. Thank You, Cale Arneson Arneson Holdings May 22, 2018 felujMA Answers for questions 1-16 for conditional use permit per Shoreland Management Ordinance 1. Fully compatible as it is a self-contained fuel system with all safety backups installed 2. No environmental impact as it is self-contained with all the latest safety backups installed 3. No hazards tank will be 90ft from center of the road and same for fuel dispenser on the lake 4. There is no density or real development nearby 5. Area is suitable 6. n/a 7. n/a 8. no parking needed 9. no noise generated 10. 24 hrs. a day 11. One light pole above fuel dispenser at the end of the dock 12. No signage 13. Time is immediate, summer is short 14. Plenty of lot area 15. No change in topography other than digging a square and filling back in with crushed concrete for base 16. No adverse effects F?£CEIVED may 2 3 2018 LANDSaeSOlIRCe .% MINNESOTA POLLUTION 1 is CONTROL AGENCYm RECEIVED MAY 2 3 2018 '.ANDS'^i^SOflRCf Detroit Lakes Office I 714Lake Avenue | Suite 220 | Detroit Lakes. MN S6S01 | 218-847-1519 800-657-3864 I Use your preferred relay service | inf04xa@statejTm.us | Equal Opportunity Employer May 21, 2018 To whom it may concern: The Minnesota Pollution Control Agency has reviewed the plans and specs for a proposed Pelican Lake fuel system adjacent to 51749 County Highway 9, Pelican Rapids, Minnesota 56572, and found them to comply with MN Rule 7151 Aboveground Storage of liquid substances. Sincerely, Bryan Olson Environmental Specialist 3 Land & Air Compliance Section Industrial Division Any questions, please contact: Bryan Olson Tank Inspector Minnesota Pollution Control Agency 714 Lake Avenue Detroit Lakes, MN 56501 Voice: 218-846-8106; Fax: 218-846-0719 e-mail: bryan.olson@state.mn.us .I!.') receivedMAY 23 2018 tANOa^ESOflRCF PELICAN RAPIDS FIRE DEPART F/RE HALL PHONE 218-863-5211 FAX218-863-4800 E - Mail prfd@loretel. net Trevor Sleeves Fire Chief Box 350 Pelican Rapids MN 56572 5/15/2018 This letter is to confirm that the Pelican Rapids Fire Department has no issues with the installation on a fuel fill station located on the property of 51749 county Hwy 9 Pelican Rapids, MN. The owner must comply with all County and State codes. Trevor Sleeves Fire Chief Pelican Rapids Fire Department Ty \.f CERTIFICATE OF SURVEYRECEIVEDIN GOVLRNMENT LOT 5 OF SECTION 1-137-4J MAY 2 3 2018OTTTR TAIL COUNTY, MINNESOTA BECKER —LANO^SfcSDiiF^CF \OTTER TAIL COUNTY t4 1 Chtm’tatlon at 0*t#t (#tflw* i<fcmwp» m it0O4/4e lOO'JX' M too *tHy m mmmm. M>f» a* (/ / c«r«KV MeeI IA« < M fM* fr^tr «« OmhI/•UTM/ IMMra«k>*«rfMn(» ^ #wMr 'a ■If *r,as.Tr£; amtrif M«k.p*if T.'srr^.rjr^ fA<«i7>i«nf «i^ IP# »«vp ipirlef fi^tr •> RM(M» nn 1| —'^Hp pipK#! #<«• <•«e 1 < M «P:i • «p -o rxstrr* M'v nrm-iptmui Mat n MM / A«ir«0/ twOHf nto! ma #Mq. M <r 1 a>»rf laM fraparoM tf ma ar «t«4 I «Pn (kwtpp^ lapPitf ufi^Y >*• M* Sro<* •MtneaPELICANLAKErzMht« Muir • taw* . A/'COMP nLE.\o>A^nrson(coi;.opK>S!OMEADOWLAND SURVmiNG, INC.OWHEn NAME:\IQiAmeSfONfcocoaiKisi 0<##M VW fW cnu FILE.<1ta HWF M SOUTH. OfTWOCT lUtfS. Uh 4«V<1 omct: 2I9^0*/~4X89 EMM.' frpnlOwf ri«o^ow<ofttf»urwy»>g.cqff» I »o $nr tttt• APOa NT- UlOM r»*c riLf IFAJr: COUP BV J^/JOA I DKAWWC HVUBKK T8119' ORAWN BY JOA 4 t ■ s3 I RECEIVED MAY 2 3 2018 Undssesooficf " cM violcWA^ }<L |lCC>-(n CO < RECEWE-D MAY 23 20« recbveo no<o•»# A \K ^Vi vJ(ev;(^/fP ^hlzs'.^CD kc.C^'^ >ow O CD mJP rl,nJ f^|S-'... 'siIIIsA-.Vis.l>5 m-3is is,.;■^il ill1'fJ !: ■ I fI ?I ■ -'■ ' I ->"■ :; ','. r'A.: A £So>OoSz ?' i5 i Ol C/t tk. I jM Tr VG»Ol o 1O 'Mfs »* ■ro K) ' ■ m:\ sS ili alEE U -. 13ii§, . r .-, .. - II hs K1 s 3 Ifl I 8 7 6 5 4 3 2 1 0 § trno09S,Cfi fO ^>—SUBMERSIBLE PUMPT«c r'<c»oo oom10.000 GALLON FLAMESHIELD DOUBLE WALL TANK ^OSE RET\typ. GASBOY DKPENSER■ -FUEL MASTER "\ 1 PRODUCT\ 2 0L/TLFS-\ I 3/4’HOSE ■ w/BREAKAWAY, /—M. ■ SWIVEL NOZZLE / Dl ■ tYP. BOTH SIDES—H / SU JMP frlSPEaiOM LUG TYP. ALL VALVE BREAK AWAY FLEXIBLE ENTRY BOOT B ONION FLEXIBLE ENTRY BOOT TRANSITION ■BALLVAIVI ■CLAMSHELL ADAPTER ISUTANK GRADE RING DOCK ENTRY BOOT—\ '^LEYtestboot^^^^A ADAPTER 9Q*-^ "^APT IN 4" DUCTING /CHASER CID ENTRY BOOT EST BOOT ^AARINA APT FLEX PPING IN 4‘ DUCTINO/ CHASER MARMA APT FLEX PIPNG ■ PPMGSUPPORTTYP. ’ MESTBOOT IGID ENTRY BOOT >>iA nu».^’o MARIKA rtELIKO a ™5.“S'd HUCAVMDI. 8 7 6 2 1 e IS' ANDERSON, BOTTRELL, SANDEN & THOMPSON ------------------------------ ATTORNEYS AT LAW ------------------------------ 4132 30th Avenue South, Suite 100 • P.O. Box 10247 • Eargo, ND 58106-0247 Phone 701-235-3300 • Fax 701-237-3154 • www.andersonbottrell.com Richard P. Anderson Lowell P. Bottrell* fames M. Sanden Gregory L. Thompson* Daniel L. Hull* David J, Hauff* Michelle M. Donarski* Ronald J. Knoll* Krista L. Andrews* Michael L. Gust* Michael T. Andrews*" Ann E, Miller* Joshua M. Feneis* Matthew D. Kirschenmarm* Ashley K. Champ Jennifer E. Albaugh* E-mail: gthompson@andersonbottrell.com April 26, 2018 *Also licensed in Minnesota '‘Also licensed in South Dakota Kurt Mortenson Assistant County Attorney Otter Tail County Courthouse 121 W. Junius Avenue Fergus Falls, MN 56537 Re: Cale Arneson; Conditional Use Permit Application Dear Mr. Mortenson: Our office is counsel for Cale Arneson. Mr. Arneson has applied for a conditional use permit to install a tank and gas line on property that his company owns on Pelican Lake near Zorbaz. Mr. Arneson requested that I send information to your office so that there is no misunderstanding on his ownership of the subject property or his rights with respect to that property because in the past, the County has questioned riparian rights on this property. I am enclosing with this letter a Certificate of Survey for a number of parcels in this portion of Government Lot 5, Section 1, Township 137 North, Range 43 West, Otter Tail County. The pertinent part of Mr. Arneson’s property from this Certificate of Survey is defined as Tract 2 consisting of 2.38 acres. In the past, the County has raised an issue of riparian rights for the owner of Tract 2 with respect to the Pelican Lake lakeshore. However, the issue of those riparian rights was put to rest by virtue of a quiet title judgment that was recorded with the Otter Tail County Recorder’s Office on April 3, 2008. I am enclosing a copy of a certified copy of that quiet title judgment. Exhibit A to that quiet title judgment defines the ownership of Tract 2 as reaching the shoreline of Pelican Lake and thence going westerly along that shoreline to a line which aligns with Point A on the Certificate of Survey. It is clear from the quiet title judgment that the owner of Tract 2 has riparian rights to the lakeshore of Pelican Lake. This was confirmed in a separate opinion letter by attorney Carl Malmstrom to the then- fee owner, Dell Arneson, in a letter of January 10, 2012. In Carl’s letter, issue 3 on page BOTTRELL, THOMPSON, HULL, HAUFF, DONARSKI, KNOLL, ANDREWS, GUST & ANDREWS, P.C. l\)-L /Ct.p h ^ {spp^-7^^ ' ^wt ft-p^i!^^ fn^ , —fi^An/\ lAj'd I f^//- ryz^ Ccvi^ — I April 26, 2018 | Page 2 3 addresses those same riparian rights that I just referenced, and it is also his conclusion that Tract 2 clearly abuts the shoreline of the lake. As you are aware, the County has an easement for the public road, but that easement does not, and cannot, extend beyond the shoreline. Moreover, in reviewing the easement in question that was granted to the County many years ago, I do not see any right of way rights granted to the south of the road, but only to the north of the road. In any event, I would hope that this would resolve any title matters that might arise with respect to Mr. Arneson’s request for a conditional use permit, but I would be glad to answer any other questions you might have on this subject. Very truly youn Gregory hompson GLT/vjb f:\7539\4y:\mortenson Itr 4-26-18 Enclosures cc: Cale Arneson ♦ 1036505 STATE OF MINNESOTA IN DISTRICT COURTCERTIFIEQ COPjHLEp T’ MAR 13 2008 J COUNTY OF OTTER TAIL EVENTH JUDICIAL DISTRICT Case Type: Real Estate DGD En'terprises, LLP,Civil No. 56-CV-08-184 Plal ) 4h ) )JUDGMENTV.KATHRYN A. OUREN David A. Rick, Christine L. butler, pelican------ Lake Yacht Club, Thomas W, Hanson, Donna Litheriand, David O. Soderholm, Edward G. Johnson, Sharon L. Johr^n, Craig L Kotte, Sandra J. McDonald, Glenn;^i.^Johnson, Rebecca ) Wood, Catherine Nelson, Voffe'-Brand, Tom Wood, Robert E. Teschendorf, Sharon Teschendorf, James A. Tescheri^rf. Greer Investments LP Oklahoma, Shervi^'cl P. Anderson, Sandra Anderson, JanefMfSchroeder,) David J, Schroeder, Stuart Anderson,^^nt E. ) Cavallin, Brent Hornstein, Robert C. Daldsi^Linda ) L. Butler, Jeffrey Herbold, Jamie Herbold,'^nd^e ) State of Minnesota, and all other pereOns ) unknown claiming any right, title, estate lnterestj.<\ ) or lien- in the real estate described in the Complaint herein, 7 ) ) ) ) ) ) ) I )Defendants. Due proof having been presented to the Court of ttie service of the Summons and Complaint In this action, as more fully appears from the Affidavits of Service and . for Publication filed herein, and it further appearing that the time allowed by law and specified in the Summons for the Defendants to answer the Summons^and Complaint has elapsed and no answer has been served by the Defendants, or anyiofrthem, nor have the Defendants, or any of them, in any other manner appeared in the action; the Court, having jurisdiction of the parties and of the subject matter to the action, proceeded to hear the evidence in the case, and from the evidence so presented did make and file its Findings of Fact, Conclusions of Law and Order for Judgment. •X / NOW, THEREFORE, pursuant to said Findings of Fact, Conclusions of Law and Order for Judgment, and on motion of Krista L. Andrews, attorney for the Plaintiff A herein, IT IS ORDERED, ADJUDGED AND DECREED THAT THE Plaintiff, DGD Enterprises, LLP, is the owner In fee simple of those certain premises situated in the County of Otter Tail and State of Minnesota, described as follows, to-wit: See attached Exhibit A. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Defendants, and each of them, have no right, title, interest, estate, or lien in or upon the above-described real estate. WITNESSETH, the Honorable the seal of this Court this !3 day of ^ . Judge of District Court, and , 2008. ) arh r/5642/qta/Judgment 1-23-08 2 // \Exhibit A That part of Government Lot 5, Section 1, Township 137, Range 43 and that part of Government Lot 9, Section 2, Township 137, Range 43, Otter Tail County, Minnesota, lying northerly of the following described line: Commencing at the northeasterly comer of Lot 18, ENGLE’S BEACH, said plat is on file in the office of the Recorder, said County; thence on an assumed bearing of South 78 degrees 10 minutes 32 seconds West along the northerly line of said ENGLE'S BEACH, a distance of 20.50 feet; thence North 01 degree 28 minutes 39 seconds West a distance of 262.30 feet; thence South 84 degrees 42 minutes 34 seconds East a distance of 570.58 feet to a point hereinafter referred to as Point A; thence continuing South 84 degrees 42 minutes 34 seconds East a distance of 225.91 feet; thence North 04 degrees 44 minutes 25 seconds East a distance of 212.29 feet to a point hereinafter referred to as Point B; thence North 88 degrees 52 minutes 57 seconds East a distance of 454.82 feet to the east line of said Government Lot 5, being the point of beginning of the line to be described; thence South 88 degrees 52 minutes 57 seconds West a distance of 454.82 feet to the aforementioned Point B; thence South 04 degrees 44 minutes 25 seconds West a distance of 745 feel more or less, to the shoreline of Pelican Lake; thence westerly, along said shoreline to the intersection with a line which bears South 04 degrees 44 minutes 25 seconds West from the aforementioned Point A; thence North 04 degrees 44 minutes 25 seconds East a distance of 539 feet more or less, to the aforementioned Point A; thence North 84 degrees 42 minutes 34 seconds West a distance of 570.58 feet; thence South 01 degree 28 minutes 39 seconds East a distance of 262.30 feet to said northerly line of ENGLE’S BEACH; thence South 78 degrees 10 minutes 32 seconds West along said northerly line, a distance.of 849.21 feet to the northwesterly comer of Lot 17, said ENGLE’S BEACH, said point being on the easterly line of that certain tract of land listed in the second paragraph of the premiss awafde'd'p'er“Final'Judgment and'recorded as'Docurrienf No. 727824 in said office of the Recorder; thence North 11 degrees 50 minutes 20 seconds West along the easterly line of said tract of land, a distance of 78.38 feet to the northeasterly corner of said tract of land; thence South 84 degrees 45 minutes 59 seconds West along the northerly line of said tract of land, a distance of 529.84 feet to the northwesterly corner of said tract of land; thence on a bearing of South along the westerly line of said tract of land and its southerly extension, a distance of 471.78 feet to a point lying 20.00 feet easterly of the northeasterly comer of Lot 1, Block 1. PELICAN BEACH, said plat is on file in said office of the Recorder, said point being rneasured from the northeasterly comer of said Lot 1 and being measured perpendicular to the easterly line of said Lot 1; thence on a bearing of West a distance of 20.00 feet to the northeasterly corner of said Lot 1 and there terminating. Containing 72.62 acres more or less. Subject to County State Aid Highway No. 9 right-of-way easements. Further subject to other easements and reservations of record, if any. *. \ OFFICE OF COUMTY HECOnOER OTTER TAIL MINMESOm B hereby certify that «hls Instrument # ^0365ifi?^ was fliedAecorded In this office for record on tiie3fd dav of Apf:i 2008 at//.3^gfom Wendy y'Metealfn C^nhL^e^er by;_g^^Z12wS—Deputy W//yj^reeewilnotee TRANSFER ENTERED (Year) Wayne Stein, County Auditor By:JIr Deputy well certificateJ-fincliv^Dh / &Ail) ?0 Box ioz<H7 F&f<ao M D J * <^sio(p'OZ‘f7 *THORWALDSEN & MALMSTROM, pllp PAUL R. THORWALDSEN 9 CARL E. MALM5TROM LISA C. MORRISON 3 ROBERT P. THORWALDSEN ATTORNEYS AT LAW JOHN C, QUAM, Retired MARY G. 50RUM, Retired At?-'!; Phone: (218) 847-5646 FAX (218) 847-3950 POST OFFICE BOX 1599 1105 HIGHWAY 10 EAST DETROIT LAKES. MN 56502-1599I■m i JanuaryTOr^O^t^ Dell Ameson P.O. Box 9949 Fargo, ND 58106 Re: Pelican Lake Property Dear-Dell, 1 received a call from Scott Walz Friday afternoon regarding your file. I reviewed the file and saw that I had completed all of the title review last August and the enclosed report was done and in the file. I do not see that it was sent to you, but that should have been done. I am sorry if you did not receive it then. The conclusions reached are that you are the owner without question of riparian rights for lake shore adjacent to Tract 1, less Tract 1-A, and adjacent to Tract 2. There is an issue of a small gap within the boundaries of the old Hohman Telephone tract shown as an exception on the Smith survey of Tract 1. There is some ambiguity with the location of the boundary between your property and Hanson's property south of County Road 9. Hanson's claim can extend no further west than the terminating point of the call in his deed recorded as document no. 661297 reading as follows: "thence North 70 degrees 54 minutes 48 seconds West 100 feet along the southerly right of way line of said County State Aid Highway No. 9". This call is followed by "(or to the intersection with the water's edge of Pelican Lake if said intersection occurs prior to measuring 100.00 feet)" which could put the boundary at various locations depending on the level of the water from time to time, but no further than the 100 foot distance in the first part of the call. For this reason if you set your boundary at the furthest distance west described in Hanson's deed, he could have no objection and it would not require a conveyance from Hanson. Yours truly. ■) Carl E. Malmstro^I •MSBA Board Cenificd Real Propern- Speciaiisi ♦ Qualified ADR Xeucral Civil & Family Nlediation/Arliiurarion •Abo licensed in SoiicH Dakota August 25,2011 Title Report Part of Government Lot 5, Section 1, Township 137, Range 43 DGD Enterprises, LLP Report based on the examination of an abstract of title containing 153 entries last certified to on the 17* day of May, 2005, as to the premises set forth on attached Exhibit A; on the examination of an abstract of title containing 103 entries last certified to on the 16* day of October, 2006, as to the premises set forth on attached Exhibit B; on the examination of an abstract of title containing 10 entries last certified to on the 19* day of May, 2003, as to the premises set forth on attached Exhibit C; and on the examination of title insurance commitments regarding the property, tax records and survey records. The property and title reviewed is identified on the certificate of survey of Roy A. Smith originally dated December 19,1978 and revised January 6, 1987 as the Ramage Tract 2.21 Acres, Tract 1, Tract 1-A, Tract 2, and Tract 4, a copy of which survey is attached as Exhibit D. Issue 1. Old Hohmaa Telephone Tract. In 1962 Ernest M. Erickson and Beatrice Erickson deeded a 0.18 tract in Govt. Lot 5 to Hohman Telephone Company. The description was adequately drafted and should be locatable. Survey work available for review did not survey this description and does not contain sufficient information to locate it on the current survey drawings. Roy Smith surveyed parts of Government Lot 5 in December 1978, with a revised drawing in January, 1987 showing the Ramage Tract, 2.21 acres; Tract 1,4.47 acres. Tract 1-A (part of Tract 1,30,000 sq. ft.); Tract 2,2.38 acres; and Tract 3,5.95 acres. The survey shows the Hohman Telephone tract as an exception to Tract 1 with its location based on iron monuments found. Corrective title work was done to the boundaries shown on this survey with a quit claim deed firom Ernest and Beatrice Erickson to the Boathouse, Inc. (deeds 504-427 and 505-911). These deeds established good title to the Boathouse, Inc. to Tract 1 (4.47 acres), as shown on the survey, but did not establish good title to the exception. There appears to be a small discrepancy between the Hohman Telephone Tract as described in the original deed, which is the description DGD received title to, and as described in the Smith survey based on the monuments found resulting a gap which is still titled to Ernest M. Erickson and Beatrice Erickson. Issue 2. Status of Lake Shore South of Tract 1. In 1979 The Boathouse, Lnc. acquired title fi:om Frank and Delores Froehch to the premises identified as Tracts 1,2,3 and 4 shown on the 1978 Roy Smith survey. The Boathouse, Inc. also received the above mentioned corrective deeds from Ernest and Beatrice Erickson which were effective to establish good title to the surveyed tracts and included the underlying fee title to the area subject to the easement for County State Aid Highway 9, and to the low water mark of Pelican Lake south of the county road. Tract 1 and 4 were eventually deeded to Richard Gerlach. The description for Tract 1 used the north right of way line of County Road 9 as its south boundary but also included the lake shore south of the County Road. In 1987 Richard Gerlach conveyed Tract 1-A and Tract 4 to Thomas W. Hanson (warranty deed 661295 conveyed Tract 1-A, and quit claim deed 661297 conveyed Tract 4). The west boundary for Tract 4 is south of the southwest comer of Tract 1-A. Tract 4 was conveyed subject to an easement for ingress and egress for access to Pelican Lake benefiting that part of Tract 1 not conveyed to Hanson. The balance of Tract 1 together with its appurtenant easement was conveyed through a chain of title ending with deed 1034987 from Karl and Kathryn Simison to DGD Enterprises. This deed describes a Tract IB covering: "That tract of land lying and being between County Highway No. 9 and the lake shore of Pelican Lake immediately adjacent to and South of the above described property, less West 25 feet adjoining Lot Four (4), Block One (1), Erickson's Addition, including all riparian rights." This description needs to be read together with the description for the Tract 4 already conveyed to Thomas W. Hanson and to the extent inconsistent with that description needs to be revised to create a common boundary as described or intended in the Hanson deed. It is clear that deed 1034987 intends to convey only what was ovraed after the deed to Hanson, which is the area immediately south of Tract 1, and not south of 1 -A. The deeds in question do not describe the underlying fee title to the area subject to the right of way for County Highway 9. It is a general rule of construction that when both sides of a public road are conveyed it is intended that the underlying fee title of the road is also conveyed subject to the easement for the road. This is important in the continued claim to riparian rights. Issue 3. Riparian Rights. Riparian rights are the rights of a property owner to use the water that is adjacent to his shore. The existence of those rights is dependent on the property in question actually abutting the shore line of the lake. Riparian rights include the right to access to the water, the right to install a dock, moorage, and other rights of value, all subject to the public's right to navigation. The legal description for Tract 2 (2.38 acres) clearly abuts the shoreline of the lake and as discussed above, the legal description for Tract 1, less Tract 1-A, also abuts the lake and fee title to the road bed for County Highway 9 resides in DGD, subject to the public road right of way. It appears that the south right of way line of County Highway 9 is the same as the shore line of the lake for much of the area in question. This does not extinguish the claim for riparian rights. While the easement for the public road does not extend past the shoreline, the fee title extends to the ordinary low water mark which may be some distance into the lake at its present levels. Since the fee title resides in DGD subject to the public road right of way, the riparian rights also reside with DGD, unless shown to have been conveyed to another. There have been cases where a claim to the riparian rights has been made by a city or county government where the public right of way abuts the water line (see Larson v. State, 776 NW2d 727, (Minn. App. 2009); McLaffertv v. St; Aubin, 500 NW2d 165, (Minn. App. 1993), but in those cases riparian rights are not exclusive, and are dependent on an express grant or circumstances where it is clear that an easement for the riparian rights has been granted. This would be the case where a public road has its terminus at the shoreline, or where the dedication of the right of way is for the purpose of granting access to the lake. It has been held that an easement for the mere construction of a public highway, such as we have in our case, is not remotely connected with navigation or any other water connected use, and it is a land easement and nothing more, State by Head v. Slotness, 185 NW2d 530, (Miim. 1971), and does not carry any riparian rights with it. Although DGD has riparian rights, including the right to install docks, moor boats, ect. those rights must be exercised in a way that does not interfere with the public's easement rights in the road way. Otter Tail County does have the ability to regulate the use of the road right of way including the placing of docks from the right of way. I am not aware of such regulations and it is apparent there are many locations in the County were private docks are placed where the public road right of way abuts the lakeshore, but inquiry needs to be made with the County to determine whether a permit may be needed. Conclusions. Corrective work needed includes: (1) a deed from Ernest M. Erickson and Beatrice Erickson to Tract 1 (4.47 acres) less Tract 1-A, including the exception of the Hohman Telephone tract to pick up the possible gap between the record description of the Hohman Telephone tract and the description for the exception shown on the Smith Survey. If the deed is not available an action to determine adverse claims will correct this issue. (2) develop a legal description extending the boimdaries of Tract 1, less Tract 1-A to the shoreline of Pelican Lake. The east boundary should be consistent with the description in the deed to Thomas Hanson filed as document no. 661297. NATUKiC Of INSTRUMENT KECOHCEO IN BOOK.OF... _P.AT5 MOKTW I YtA» --PAGE._____ Flt-ED___________________ MONfM VtA« A.IH (■,(*-DW '"oAf I!I iEXHIBIT "A" ; That part of Government Lot 5 in Section 1, Township 137, Range 43, lying north of a i line described as follows: Beginning,at a point,on the west line of said Section 1 which is 2405.2 feet south of the northwest, section corner thereof, thence South 83*^02' East ^ 1195.7 feet, more or less, to a point.on the-west right-of-way line of the County Highway No. 9} thence east 54.0 feet to appoint on the east line .of said Government Lot 5 which, is located 2505.4 feet south of thejnorth line of said Section 1 and there terminating.! Containing 32.5 acres, more or lessL EXCEPT THE FOLLOWING TRACT: •i ‘ } i . I !That part of Government Lot 5, Section V, Township 137N, Range 43W, Otter Tail County, Minnesota described as^follows: Commencing at the northeast corner of said Government Lot 5; thence South 00 05'10" East,, assumed bearing along the east line of said Governme Lot 5, a distance of 832.60 feet to. the point of beginning of the tract to be described; thence continuing South 00 05'10" East-259.00 feet along the east line of said Governraeri Lot 5; thence West 53.81 feet to the northeast corner of that tract recorded in the Quit Claim Deed and filed as Document No. 642266 in the office of the County Recorder, Otter i Tail County, MN; thence North 84 35’52" West 419.65 feet along the north line of said j ^ tract recorded in Document No. 642266, to the northwest corner of said tract recorded in • Document No. 642266; thence North 0’4 5r07" East 212.29 feet along the northerlv extensil of the west line of said tract recorded in Document No. 642266; thence North 88°59'39". East 453.32 feet to the point of beginning, containing 2.53 acres, more or less. Subject to an easement for County State Aid Highway No. 9 over and across the easterly portion thereof. i I! I > AND ALSO; . That part of Government Lot 9 in Section 2, Township 137, Range 43, lying north a line ' described as follows: Beginning at a point 2667.6 south from the northeast corner of saic Section 2, thence South 79°45' West! 849.5 feet, thence North 10°15’ West 110.1 feet, more or less, to a point which is North 10°15' West 400 feet from the north edge of County Highway No.. 9, thence South 79^45' West 554:0 feet, mo'-e or less, to a point 20 feet west of the west line of said Government Lot 9, thence South to a point 20 feet east of the northeast corner of Lot I, Block 1 of Pelican Beach, thence West 20 feet and there terminating. /•; AND ALSO; TiiuL Guveidnu-'n; L.OL ,S, Section 1,Township 137.North, Range 43 West of 'the Fifth Principal Meridian in Otter Tail, County, Minnesota descr.ibed as follows: Tract 2; Co.Tjnoncing at a found iron, monument v;hich designates the northeasterly cornet "of Lot 18, "Engle's Beacn" plat of v^hich is on file and of record in the office of the .Recorder of said County; thence South 79 degrees 45 minutes 00 seconds v;ost ^20.50 feet along the northly line of said "Engle's Beach" to a 'fvund iron monument on the west line of- said Section 1; thence North 00 degrees.-05 minutes 49 seconds East 262.30 feet along the west-line of said Section 1; thence.South 83.degrees 06 minutes 06 seconds East 570.58 feet to an iron monuraont, said point is the point of beginning; thence South!06 degrees 18 minutes 53 seconds West to the. North shore of 't-elican Lake thence easterly along the shorelihe of FelicanLake 225,91 feet; thence on an L'*ssufn*;d be^rin9 North OJ decrees. 13 ninutes 53 seconds C^st to an'iron monu;nent 4.64 fer*- North of the northerly right of way line of County State Aiu Highway #9; thence continuing North 06 degrees 18 min.utes 53 seconds East 432.82 feet to an iron monument; thence continuing ,Jorth 36 degrees 18 i:iinutes 53 seconds East 15.65 feet; thence North 8 3 decrees 03 minutes 06 seconds West 225.91 feet to the point of beginning. The above described tract to the extent North of the aforesaid highway cont-iins 2.38 acres* all- o* said 9°^0 'li VBSTRiVCT OF TITLE TO: All that part of Government Lot Five (5) of Section One (1), Township One Hundred Thirty-seven (137) North, of Range Forty-three (43) West, of the Fifth Principal Meridian, with the following boundaries; Commencing at the Northeast comer of Government Lot 4 in said Section 1, Township 137, Range 43; thence on an assumed bearing due South on and along the East boundary lines of said Government Lots 4 and 5, a distance of 2,565.4 feet to the point of beginning of the tract hereby conveyed; thence due West a distance of 153.9 feet; thence South 00 minutes 5 seconds West a distance of 50 feet; thence due East a distance of 154 feet, more or less, to the East boundary line of said Government Lot 5; thence North on and along said East boundary line a distance of 50 feet to the point of beginning, and containing 0.18 of an acre. Subject to an easement for a public road over the Easterly 54 feet of said tract. i “and That part of Government Lot 5 of Section 1, Township 137 North, Range 43 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows: Commencing at a found iron monument which designates the northeasterly corner of Lot 18 of Engle’s Beach, said plat is on file and of record in the office of the Recorder of said County; thence South 79 degrees 45 minutes 00 seconds West 20.50 feet on an assumed bearing along the northerly line of said Engle’s Beach to a found iron monument on the west line of said Section 1; thence North 00 degrees 05 minutes 49 seconds East 262.30 feet along the west line of said Section 1; thence South 83 degrees 08 minutes 06 seconds East 796.49 feet to an iron monument, said point is the point of beginning; thence continuing South 83 degrees 08 minutes 06 seconds East 419.65 feet to an iron monument on the westerly right of way line of County State Aid Highway No. 9; thence North 01 degrees 28 minutes 22 seconds East 258.06 feet along the westerly right of way line of said County State Aid Highway No. 9 to an iron monument; thence North 89 degrees 32 minutes 35 seconds West 399.93 feet to an iron monument; thence South 06 degrees 18 minutes 53 seconds West 212.29 feet to the point of beginning. The above described tract contains 2.21 acres, and together with all hereditaments and appurtenances belonging thereto, subject to the follovwng exceptions; None. together with all right, title and interest, if any, of Seller in and to any streets and roads abutting the aforesaid premises to the center lines thereof N.F. Field Absiract Company, Inc., Fergus Falls, .MN. I '-■i /\ , < -»V COWriNlIATCON OP /i BSTR/iCT OF TUFF1 TO :i H<.t J.: 7finl of (MjvcMHiirnl I 'll ,1, I. Town^In'il l'7 Mm'.li, fT.iiif.r -I J Writ r.f (firf’ltncltnl McriiJinn hi OKcr T.iii CiMiiify, Mhiiicsdla, tlccribr.} n5 folimvs: r. ’mnnicncing ill a fiiitn.! iio:t mrnii.inrrl whic!i <Icj’gji.iIr5 ll;c iiiirllincslcdy con;r.r gf Lot 13, ’rjigle'j ndch" phi nf which ij on file .inti of tccorJ in the office of the Recorder of inid Ctiiiisly; iJicncc Rtmlli 70 dcprccj ■J3 uinulci 00 secojids west 70.50 feet on an asmincd bearing .along ilie niirllierly line of vaiil 'ITngIc's Oeach* to a found iron miuntmenl on Ibe V.’cjl line of s. ai(l .'■••cllon I: llrcnee Noilli I’D degreci 05 miniilca 49 seconds Eist 262.30 feel along the west line of said Scclion 1; thence South 33 degrees 03 mlniiles C6 secorrds Fust 796.49 feel to the point of beginning; llience conlinaing Soiilh 83 degrees 03 minutes C6 seconds East 419.63 feet In an Iron monuinenl on the wesicily right of way line of County Slate Aid H;gh\v.ay No. 9; Ihcnce Soiitit 01 degree 28 minDlcs 22 seconds West 60.00 feel along the wcsierly right of way line of said Cotmly Stale Aid Highway No. 9 lo a found Iron monuminl; Ihcnce Worih 88 degrees 37 mimilcs 01 second West JOO.Ol feet lo a found iron monuntcnl; Ihcnce South 01 degree 27 mlnulcs H9 seconds West 50.00 feet lo a found iron tironumeni; ihcnce Soulh 38 degrees 37 mlniilcs OS second Hast 100.00 feel lo a found Iron monument on the svestcriy right of svay line of said County Slate Aid Highway No. 9; Ihence South 01 degree 28 minutes 22 seconds West 264.1.1 feel along Ilic westerly righi of way line of s.alJ Coitnty Slain Aid HIghsuay No. 9; Ihcnce South33 degrees 35 minulesdl sccondsWesI 166.64 feel along the wcsierly right lit way line of .said Cmmly Slate Aid Highway Ho. 9; Ihcnce North 74 degrees 16 minules 39 seconds West 103.33 feel along llic northerly righi of ivay line of sard County State Aid I llghw.iy No. 9; Ihcnce westerly conlimting along Hie noillicily right of way line of said Counly •Stale Aid Highway No. 9 on a curve, concave lo tire south, liavir.g a ccniral angle of 08 degrees 4,3 minules .32 seconds and a radius of 1432.40 feel for a distince of 227.91 feet (chord bearing Nmlh.78degrees 40 mlnulcs33 seconds Wesi); Ihcnce Moilh 06degrees 18minules 33 seconds Ea.s| 4.64 feel lo an Iron iiionutntnl; Uicnce continuing North (16 degrees 13 minutes 33 seconds Ibist 432.82 feel lo an Iron moniimeiil; llience coniinoi.ug North 06 degrees 13 minutes 33 seconds Cast 15.63 feet lo Ihe point of beginning. The above described tract contains 4.47 •icrcs. si0^ i ■'■I - • • • • -■ V' l:iccpt the following described iMCi:!. I Tract lAl I That part of Government Lot 3, Section I, Township 137 North, Range 43 Wes; of (he Fifth Principal Meridian In Olterlail Counly, Minnesota, described as follows; Commencing al a found iron monuinenl which designates Ihe northe.islerly corner of Lot 13, of ’Engle's Beach*, plat of which is on file and of record in the office of the Recorder of stud Coonly: thence Soulh 79 degrees 45 minules 00 seconds West 20.50 feet on an assumed b^ng along the northerly line of said 'Engle's Beach* to a found iron monument on Uie west line of s.aid Section I; Ihenee North 00 degrees 05 minutes 49 seconds East 262,30 feet along Ihe west line of stud Section I; thence Soulh 83 degrees 08 minules 06 seconds East 1216.14 feet lo an iron monument on the wtslerly right of way line of Counly Slate Aid Highway No. 9; ihence Soulh 01 degree 28 minutes 22 seconds West 226.43 feel along the westerly right of way line of said Counly Stale Aid Highway No. 9 lo an iron monument, said point is Ihe point of beginning; thence continuing Soulh 01 degree 28 minutes 12 seconds West 147.67 feet along Ihe westerly right of way line of said Counly State Aid Iliginvay No. 9 lo an iron monument; llience Soulh 53 degrees 33 minules 51 seconds West I66.M feel along the westerly right of way line of said County Slate Aid Highway No. 9 lo an iron monumcnl; Ihence North 74 degrees 16 minules 39 seconds West I03..35 feel along Ihe northerly right of way line of said Counly Slate Aid Highway No. 9 to an Iron monomenl; Ihence North 16 degrees 55 minutes 39 seconds East 74.36 feet to an iron monomenl; Ihence North 55 degrees ,41 minules 29 seconds East 261.13 fee! lo lha point of beginning. The above described tract contains 30,000 square feel i0.69 of an acre). ■■i -'■i■ r I.'4 3 0^ ;i. j. Also included in the subject property: Tract IB: That part of Government Tjol 5, .Section 1, Township 137 North, Range 43 West of the Fifth Principal Meridiari In Oltertail Counly, Minnesota, described as follows: 1 nial Iracl of land lying and being between Coimly llijliway No. 9 and the lake shore of Peliean Elite, Immediately adj.icenl l» and South of the above described property, less West 23 feet adjoining Lot Four (4), DIocIt One (I), Erickson's Addition, including any ami all riparian rights.FROM March 25, 1994 at a:O0 JV.M. ONLY. ■ a,' That Iracl of land lying and being bclwcen Counly Highway ,Vo. 9 ir.i i.he lake shore of Pelican iTike, inunedialciy ailjS'Ccnt to and South of the above described property, less West 23 feet Four (4). Block One (I), Erickson's Addithit, including any and ail riparian f-~ Wesf.lint Sec. I~- r/fi3''3?'3;)'w 399.93'" ir. r. \\y O ramage tract 2.2( Acres■V. .■! tvemcfiy li/y,.IJ orc.s.A.H. (Vo g*sroTsPCTT ?(\rj■1-^ O: V-j s O CV - ,,V•o •\B1-I \\» ■\OV sm’^3r'of“£^ y.\\'/50.00/jO .'O of I-®’c-""S:;EXCefTlOH■2)/CC-;- rfy. a ^86903?'oC-^^Tvi ^ lOOQO' '■< - ■* Vv-. ■>,Stf.c''«■\ /o3M'?i<7 <«c»^ V V rP O\'y \00 ,M.•'!;•V \y \/ V.Eosifefli;^■en9'®“ '. ■ area /LOW;8 '“-S\• vyV :W•;\ . A . !l°riS'3n ’ \\,.v .(?= (959.86;, ,'■ ,(,=,402.28^, . , „ —^ CM. fjlO!,SS.-—,r \, ,CH.BRG.--SB6''37 0I VV'''^ '\st 5 -3: ■;.,' ; . ■.i’v;'"'ir \e I R/W line of CS.A.M.'NorlMciy\!. ? V'? ^-■r../ I I c. s. A. H.1 . \'i-io'.i ■ A.ii. R". 8t of C.5 1. *i. K-' J /( Wolar lineI.|2-3(-8ii 1CtRllKICATIOI') ro« TRACT I-A 8 TRACT <1 ! haroh? flftrtStf ffurveii', 1P>QA o» . »»5>OI1 W!3fl IprijMEKul b>' IBO or Uttrtsit IRT i^iiacl nuporriaion oiic) tiiot 1 osij a dulvBeigii- t>'/•ill.' |rV,r• ■)) 'A’ ‘{’ ' Mi: a '.■v'.i'•; '1; ;l».and SwitT'Svav yirit't :i<ei iciwe of Unr. ■State K.Deia-^ -/•^. ---- Hwss. Wo.JZc^Lt'' . Rc.(/>W a7-/3 7V ... e? . I . »••> c £ /p r- Northerly line of *£ngle's Beach . Northeasterly corner of Lot 18 , * Engle's Beach" h\:y / \\'~r1.1 '.Vrr•a I I K)/“I Easterly line of 'Engle's Beach" /\S’ 5IS LOW{ v:-' 5 ^ I ^'°^5'33 *ft-u>'959.36' "foe. 23'L -oO '---- CH.1^/, 53'J^!^- BRc.s:'-S8&=yyri^pI45 '-"'y'fontherty R/^tine of CsI Cb^T50'C. S.A.L £Of C.S.A.H. PLANNING COMMISSION NOTIFICATION WORKSHEET ikl C(A //C\ I nyApplicant: ^ Lake:TTu 'Z.O . 7^ I ^ ~l'^oMeeting Date:b lAW iv;f ^^(1320^%V4 Mil onditional Use App Va Mile (2640’) Preliminary Plat *Township / County Roads: Sherry (G!S) will get map, listing, labels (she has an advanced mapping system), unless it is adjacent to the parcel(s) that run the length of the road project. Be sure to list the road name(s) and the parcel number(s) involved with the project on this sheet for Sherry. to Pc iJ-rn-7 PeU 2 a)chu. Ft^iucii^ l/tlu> 6iKiA/tp jci-h inA-p. D)W~ ?C? Bi))c 330^ I i^p / L(lU, ris /V\K> 7 7111 ‘iU Alohc^’S PCiWorksheet Notification 10/2015 LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY, GOVERNMENT SERVICES CENTER, FERGUS FALLS, MN 56537 STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL ) I, Marsha Bowman, duly appointed and Acting Secretary of the Otter Tail County Planning Commission for Otter Tail County, Minnesota, do hereby certify that on , 2018, the attached Notice of Hearing and was duly CuL/ /fnus cru the '3t:*^-^-day of — served upon the following CourthouseCounty Sheriff County Highway Engineer Otter Tail COLA. PO Box 53, Ottertail City, MN 56571 MPCA, 714 Lake Ave., Suite 220, Detroit Lakes, MN 56501 DNR, Julie Aadland, Div. Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537 Shawn Donais, DNR, Trails & Waterways Jim Wolters, DNR, Div. of Fisheries Mike Oehler, DNR, Div. of Wildlife Same Envelope Planning Commission Members (The above receive a// Notices) Lake Improvement District (If project is located on their lake, mail Notices to the Lake Improvement District) BispM66onald; Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 le McDonald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 Pelican, Fish, Bass & Little Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572^ linear Perham): A Rio Pino: Turtle Lake: ^uth Turtle Lake Imp. Dist., PO Box 168, Undenwood, MN 56586^^^^SoOTh ^^^^pHycierk (if located within 2 miles of a city) Dist. Office, 1000 Hwy 10 W, Detroit Lakes, MN 56501 (if located on a State or Fed Hwy) ^^djac^nt County Zoning Administrator (If the County is in the “Buffer) - check their website for name/address ^^^Peeker County Auditor (notify in addition to their Zoning Administrator) - check their website for name/address ^JDe^t notify individuals within a City Limit ✓Township Cljcl^ake Associatij^ surv^or (if appropriate), an^thoseli^aTJTrthe-att^hed sheet.... by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and by depositing them in the U.S. Mail at Fergus Falls, MN, properly addressed to each of the above named at the addresses shown above. Secretary If parcel owner is “USA", mail to Fish & Wildlife Service, 18965 Co. Hwy 82, Fer^s Falls, MN 56537 If parcel owner is "DNR”, ignore as they are receiving a notice as stated above If parcel owner is "St. of MN. 375 Centennial Bldg Spec Asst, to Atty General St. Paul, MN “, mail to DNR Lands & Minerals 2115 Birchmont Beach Rd NE Bemidji, MN 56601 l:\PC\AffidavitOrig 2018 Buffer Parcels Addr 2Addr 1 Citv St ZiDName 2Name 1Parcel No 1101 17th St S Sartell MN 56377 217155000010006003 Brian Ravnaas 3113 Maple StNE Fargo ND 58102 172455000010006900 Jeffrey G Bruns 51312 Knoll Rd Pelican Rapids MN 56572 708355000010007001 Jon 5 Martin 82 27th Ave N Fargo ND 58102 161455000010007004 Mark & Loann Amundson 30 27th Street South PO Box 9949 Fargo ND 58106 994955000010008000 Dgd Enterprises Up 24945 N Melissa Dr Detroit Lakes MN 56501 726655000010008001 Hanzon Prop Of Pelican Lk LLC Attn Lake Life Hospitality 1462 E Shore Dr Detroit Lakes MN 56501 472355000010008002 Zorbaz On Pelican Lake Inc 30 27th Street South PO Box 9949 Fargo ND 58106 994955000010008003 Dgd Enterprises Lip 30 27th Street South PO Box 9949 Fargo ND 58106 994955000010008004 Dgd Enterprises Lip 21853 Broadwater Dr Pelican Rapids MN 56572 707155000010008005 Pelican Lake Yacht Club 30 27th Street South PO Box 9949 Fargo ND 58106 994955000010008006 Dgd Enterprises Lip 30 27th Street South PO Box 9949 Fargo ND 58106 994955000010008007 Dgd Enterprises Up 414 Harwood Dr S Fargo ND 58104 622955000010008008 Cale & Jill Arneson 14 Highland Creek Dr Henderson NV 89052 660955000010009001 Norman John Fam Ltd Ptnrshp Detroit Lakes MN 56501 726624945 N Melissa Dr55000010009002 Hanzon Prop Of Pelican Lk LLC 30 27th Street South PO Box 9949 Fargo ND 58106 994955000020014000 Dgd Enterprises Up 29001 9 Mile Rd W Farmingtn His Ml 48336 370355000020014001 Robert E Teschendorf Et Al 220 10th St N Apt 3317 Fargo ND 58102 478355000020014002 Ronald Dick 29001 9 Mile Rd W Farmingtn His Ml 48336 370355000020014003 Robert E Teschendorf Et Al 100 Timber Ridge Way Nw #6116 Issaquah WA 98027 294955000990250000 Sandra Fleming 153 Riveland Dr Charleston SC 29412 207955000990251000 Thomas E Fish Et Al Ravensdale WA 98051 0611PO Box 61155000990254000 Peggy Tirk Edina MN 55435 47367500 York Ave S Apt 42855000990256000 Marillyn E Hanson Tst Page 1 of 3Friday. May 25. 2018 Parcel No Addr 2Addr 1 Citv St ZipName 2Name 1 55000990257000 Robert S & Brenda L Holman Moorhead MN 56560 88031816 51st Ave N Pelican Rapids MN 56572 7286Susan F Poolman55000990258000 48789 County Highway 9 55000990259000 Lee D & Joelle K Hofer West Fargo ND 58078 42001732 Charleswood Estates Dr 55000990260000 Peggy Albers 4731 Amherst Ave W Dallas TX 75209 3129 55000990261000 Renfa ndt Fa m ily 1st 2921 11th St 5 Fargo ND 58103 6011 55000990262000 Castle Real Estate LLC Morton Grove IL 60053 21088833 Waukegan Rd Barnesville MN 56514 912814253 noth St 555000990263000Margaret Ann Thompson Pelican Rapids MN 56572 708355000990269000 Jon S Martin 51312 Knoll Rd Ravensdale WA 98051 061155000990270000Suzanne E Tirk PO Box 611 Ravensdale WA 98051 061155000990270001 Peggy Tirk POBox 611 Edina MN 55435 473655000990274000Mariilyn E Hanson Tst 7500 York Ave S Apt 428 Moorhead MN 56560 880355000990275000 Robert S & Brenda L Holman 1816 51st AveN Pelican Rapids MN 56572 728655000990276000Susan F Poolman 48789 County Highway 9 55000990277000 Lee D & Joelle K Hofer 1732 Charleswood Estates Dr West Fargo ND 58078 4200 Dallas TX 75209 312955000990278000 Peggy Albers 4731 Amherst Ave W 55000990279000 Renfandt Family Tst Fargo ND 58103 60112921 nth St S Edina MN 55435 473655000990281000Mariilyn E Hanson Tst 7500 York Ave S Apt 428 Ravensdale WA 98051 061155000990282001Donald R & Suzanne E Tirk PO Box 611 Donald R & Suzanne E Tirk Ravensdale WA 98051 061155000990293000PO Box 611 3310 Jefferson St S Fargo ND 58104 692955000990294000 Jolene K & Joseph T Day Pelican Rapids MN 56572 781255000990294001Wm J & Carol Ricker 51674 County Highway 9 Detroit Lakes MN 56501 472355000990295000Attn Lake Life Hospitality 1462 E Shore DrZorbaz On Pelican Lake Inc West Fargo ND 58078 421955000990296000 Butler Mullen Properties LLC 1814 Princeton Ln Pelican Rapids MN 56572 7000Jeffrey & Jamie Herbold Tst55000990297000 51541 County Highway 9 Paee 2 of 3Friday. May 25. 2018 Addr 2Addr 1 Citv St Zip Fargo NO 58103 6020 Name 2Name 1Parcel No 55000990298000 Vintage Properties LLC 818 Southwood Dr 818 Southwood Dr Fargo ND 58103 602055000990299000 Vintage Properties LLC 51523 County Flighway 9 Peiican Rapids MN 56572 700055000990300000 Robert C & Rebecca E Daios 667 Wilioughby Way W Minnetonka MN 55305 537355000990301000 Halland Enterprises LLC 667 Willoughby Way W Minnetonka MN 55305 537355000990302000 Halland Enterprises LLC 667 Willoughby Way W Minnetonka MN 55305 537355000990303000 Halland Enterprises LLC 51497 County Highway 9 Pelican Rapids MN 56572 781055000990304000 Brent E Cavallin 11794 280th St 5 Hawiey MN 56549 896055000990305000 David L & Donna J Wicklund 28880 Hamilton Ct Randolph MN 55065 753655000990306000 David J & Mary J Schroeder 28880 Hamilton Ct Randolph MN 55065 753655000990307000 David J 8i Mary J Schroeder 51473 County Highway 9 Peiican Rapids MN 56572 700055000990308000 Sandra J Anderson Pelican Rapids MN 56572 700051541 County Highway 955000990310000 Jeffrey & Jamie Herboid 1st 1814 Princeton Ln West Fargo ND 58078 421955000990310001 Butler Mullen Properties LLC PaRe 3 of 3Friday. Mav 25. 2018 Buffer Mail Address 2 City, State, ZipAddress iName Dallas TX 75209 31294731 Amherst Ave WPeggy Albers 82 27th Ave N Fargo ND 58102 1614Mark & Loann Amundson Pelican Rapids MN 56572 700051473 County Highway 9Sandra J Anderson 414 Harwood Dr 5 Fargo ND 58104 6229Cale & Jill Arneson 3113 Maple St NE Fargo ND 58102 1724Jeffrey G Bruns West Fargo ND 58078 42191814 Princeton LnButler Mullen Properties LLC 8833 Waukegan Rd Morton Grove IL 60053 2108Castle Real Estate LLC Pelican Rapids MN 56572 781051497 County Highway 9Brent E Cavallin Pelican Rapids MN 56572 700051523 County Highway 9Robert C & Rebecca E Dalos 3310 Jefferson St S Fargo ND 58104 6929Jolene K & Joseph T Day 30 27th Street South PO Box 9949 Fargo ND 58106 9949Dgd Enterprises Lip 220 10th St N Apt 3317 Fargo ND 58102 4783Ronald Dick Charleston SC 29412 2079153 Riveland DrThomas E Fish Et Al 100 Timber Ridge Way Nw #6116 Issaquah WA 98027 2949Sandra Fleming Minnetonka MN 55305 5373667 Willoughby Way WHalland Enterprises LLC Edina MN 55435 47367500 York Ave S Apt 428Marillyn E Hanson Tst Detroit Lakes MN 56501 726624945 N Melissa DrHanzon Prop Of Pelican Lk LLC Pelican Rapids MN 56572 700051541 County Highway 9Jeffrey & Jamie Herbold Tst West Fargo ND 58078 4200Lee D & Joelle K Hofer 1732 Charleswood Estates Dr Moorhead MN 56560 88031816 51st Ave NRobert S & Brenda L Holman Page 1 of 2Friday, May 25, 2018 City, State, Zip Pelican Rapids MN 56572 7083 Address 2Address iName 51312 Knoll RdJon 5 Martin Henderson NV 89052 660914 Highland Creek DrNorman John Fam Ltd Ptnrshp Pelican Rapids MN 56572 707121853 Broadwater DrPelican Lake Yacht Club Pelican Rapids MN 56572 728648789 County Highway 9Susan F Poolman Sartell MN 56377 2171110117th St SBrian Ravnaas Fargo ND 58103 6011Renfandt Family Tst 2921 11th St S Pelican Rapids MN 56572 781251674 County Highway 9Wm J &. Carol Ricker Randolph MN 55065 753628880 Hamilton CtDavid J & Mary J Schroeder Farmingtn His Ml 48336 3703Robert E Teschendorf Et Al 29001 9 Mile Rd W BarnesvilleMN 56514 912814253 noth St SMargaret Ann Thompson Ravensdale WA 980510611PO Box 611Donald R & Suzanne E Tirk Ravensdale WA 980510611Peggy Tirk PO Box 611 Ravensdale WA 980510611PO Box 611Suzanne E Tirk Fargo ND 58103 6020818 Southwood DrVintage Properties LLC Hawley MN 56549 896011794 280th St SDavid L & Donna J Wicklund Detroit Lakes MN 565014723Zorbaz On Pelican Lake Inc 1462 E Shore Dr Page 2 of 2Friday, May 25, 2018 r .51935 00 HWY 9 ^' ^519-bcO HWY 9 55000020014002 ^1943 CO HWY 9I# 51890 CO HWY 9 I3 \ 55000020014000 'v. 2 V51437rw# 9 4 CO HWY 9 ::enwY9 HWY 9 WY9 n'UCiNUKi: mrmo No delinquent taxes and transfer entered- C^ificate of Real Estate Value ( X ) filed ( ) not require •f Real Estate Value No Km stein, County Auditor/Ti by SsodooTdod^^a5~ SS Ooo ot 52?^ O! aZ^ 1206157 Cert, of CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 05/15/2018 12:42 PM FEE: 46.00 PAGES 8 WELL CERTIFICATE REC'D: N ICO (Year) reasurer oo -■X 65cofi d^ooiff'Ooo ioo WARRANTY DEED IndividuaKs) to Entity eCRV number: \2 , 2017DEED TAX DUE: $990.00 Date: FOR VALUABLE CONSIDERATION, David P. Burkel, Jr. and Robin R. Burke), husband and wife. Grantor, hereby conveys and warrants to Ameson Holdings, LLC, a limited liability company under the laws of Norih Dakota, Grantee, Grantor’s undivided 50.00% interest in real property in Otter Tail County, Minneso^ described as follows: See attached Exhibit A Chock here if all or part of tha described real propi^ is Regi^ered (Tonens) □ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: easemente, restrictions, rights of way of record, and the lien^ all unpaid special assessments. Check applicaUe box:^ The Seiler certifies that the seller does not know of any wells on the described real property. □ A well disclosure certificate accompanies this dbcumisnt or has been electronically filed (If electronically filed, insert WDC number □ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate.( y^-7GttCOUNTY OF OTTBI1AIL STATE OF Mm DEEDTAxsMUMBPa 4^~3g>jpr:: - i*4 DATE ^ Sira rA /k'... David P. Burkel, Jr. Page 1 of 2 ■ ■?; • OtterTail County, Minnesota 1206157 1 of 8 ^ .21 ‘■T 1 I Robin R. BurkelA)hSTATE OF ) )8S. COUNTY OF ) This instrument was acknowledged before me this day of David P. Burkel, Jr. and Robin R. Burkel, husband and wife. Grantor. fT2017, by » ^ ^ JL A.NotafV PuUib _ ~ My Commission Expires: ^* J2- /VIRGINIA STOCKBURGER Notary Public State of North Dakota My Commission Expires May 7,2021 ►[SI } V V V V V V ▼vvvvvvvvvv THIS INSTRUMENT WAS DRAFTED BY;TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: DGD Enterprises, LLP P.O.Box 9949 Fargo, ND 58106-9949 Gregory L. Thompson Anderson, Bottrell, Sanden & Thompson 4132 SO"* Avenue South, Suite 100 P.O. Box 10247 Fargo, ND 58106-0247 (701)235-3300 yjb f:\7539\5\i\WarTatTty Deed Burkel to CJ Holdings Page 2 of 2 Otter Tail County, Minnesota 1206157 2 of 8 EXHIBIT A That part of Government Lot 5. Section 1. Township 137, Range 43 and that part of Government Lot 9, Section 2, Township 137, Range 43, Otter Tail County. Minnesota, lying northerly of the following described line; Commencing at the northeasterly corner of Lot 18, ENGLE'S BEACH, said plat is on file in the office of the Recorder, said County; thence on an assumed bearing of South 78 degrees 10 minutes 32 seconds West along the northerly line of said ENGLE'S BEACH, a distance of 20.50 feet: thence North 01 degree 28 minutes 39 seconds West a distance of 262.30 feet; thence South 84 degrees 42 minutes 34 seconds East a distance of 570.58 feet to a point hereinafter referred to as Point A; thence continuing South 84 degrees 42 minutes 34 seconds East a distance of 225.91 feet; thence North 04 degrees 44 minutes 25 seconds East a distance of 212.29 feet to a point hereinafter referred to as Point B; thence North 88 degrees 52 minutes 57 seconds East a distance of 454.82 feet to the east line of said Government Lot 5, being the point of beginning of the line to be described; thence South 88 degrees 52 minutes 57 seconds West a distance of 454.82 feet to the aforementioned Point B; thence South 04 degrees 44 minutes 25 seconds West a distance of 745 feet more or less, to the shoreline of Pelican Lake; thence westerly, along said shoreline to the intersection with a line which bears South 04 degrees 44 minutes 25 seconds West from the aforementioned Point A; thence North 04 degrees 44 minutes 25 seconds East a distance of 539 feet more or less, to the aforementioned Point A; thence North 84 degrees 42 minutes 34 seconds West a distance of 570.58 feet; thence South 01 degree 28 minutes 39 seconds East a distance of 262.30 feet to said northerly line of ENGLE'S BEACH; thence South 78 degrees 10 minutes 32 seconds West along said northerly line, a distance of 849.21 feet to the northwesterly comer of Lot 17, said ENGLE'S BEACH, said point being on the easterly line of that certain tract of land listed in the second paragraph of the premises awarded per Final Judgment and recorded as Document No. 727824 in said office of the Recorder; thence North 11 degrees 50 minutes 20 seconds West along the easterly line of said tract of land, a distance of 78.38 feet to the northeasterly corner of said tract of land: thence South 84 degrees 45 minutes 59 seconds West along the northerly line of said tract of land, a distance of 529.84 feet to the northwesterly corner of said tract of land; thence on a bearing of South along the westerly line of said tract of land and its southerly extension, a distance of 471.78 feet to a point lying 20.00 feet easterly of the northeasterly corner of Lot 1, Block 1, PELICAN BEACH, said plat is on file in said office of the Recorder, said point being measured from the northeasterly corner of said Lot 1 and being measured perpendicular to the easterly line of said Lot 1: thence on a bearing of West a distance of 20.00 feet to the northeasterly corner of said Lot 1 and there terminating. Containing 72.62 acres more or less. Subject to County State Aid Highway No. 9 right-of- way easements. Further subject to other easements and reservations of record, if any. AND That part of Government Lot 5, Section 1, Township 137 North, Range 43 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows: Otter Tail County, Minnesota 1206157 3 of 8 Commencing at a found iron monument which designates the northwesterly corner of Lot 18, ‘Engle's Beach", plat of which is on file and of record in the office of the Recorder of said County; thence South 70 degrees 45 minutes 00 seconds west 20.50 feet on an assumed bearing along the northerly line of said “Engle's Beach” to a found iron monument on the West line of said Section 1: thence North 00 degrees 05 minutes 49 seconds East 262.30 feet along the west line of said Section 1: thence South 83 degrees 08 minutes 06 seconds East 796.49 feet to the point of beginning; thence continuing South 63 degrees 08 minutes 06 seconds East 419.65 feet to an iron monument on the westerly right of way line of County State Aid Highway No. 9; thence South 01 degree 28 minutes 22 seconds West 60.00 feet along the westerly right of way line of said County State Aid Highway No. 9 to a found iron monument; thence North 88 degrees 37 minutes 01 second West 100.01 feet to a found iron monument, thence South 01 degree 27 minutes 59 seconds West 50.00 feet to a found iron monument; thence South 88 degrees 37 minutes 01 second East 100.00 feet to a found iron monument on the westerly right of way line of said County State Aid Highway No. 9; thence South 01 degree 28 minutes 22 seconds West 264.13 feet along the westerly right of way line of said County State Aid Highway No. 9; thence South 53 degrees 35 minutes 51 seconds West 166.64 feet along the westerly right of way line of said County State Aid Highway No. 9; thence North 74 degrees 16 minutes 39 seconds West 103.35 feet along the northerly right of way line of said County State Aid Highway No. 9; thence westerly continuing along the northerly right of way line of said County State Aid Highway No. 9 on a curve, concave to the south, having a central angle of 08 degrees 48 minutes 32 seconds and a radius of 1482.40 feet for a distance of 227.91 feet (chord bearing North 78 degrees 40 minutes 55 seconds West); thence North 06 degrees 18 minutes 53 seconds East 4.64 feet to an iron monument; thence continuing North 06 degrees 18 minutes 53 seconds East 432.82 feet to an iron monument; thence continuing North 06 degrees 18 minutes 53 seconds East 15.65 feet to the point of beginning. EXCEPT the following described tract; That part of Government Lot 5, Section 1, Township 137 North. Range 43 West of the Fifth Principal Meridian in Otter Tail County. Minnesota, described as follows; Commencing at a found iron monument which designates the northeasterly comer of Lot 18, of "Engle's Beach”, plat of which is on file and of record in the office of the Recorder of said County; thence South 79 degrees 45 minutes 00 seconds West 20.50 feet on an assumed bearing along the northerly line of said “Engle's Beach" to a found iron monument on the west line of said Section 1; thence North 00 degrees 05 minutes 49 seconds East 262.30 feet along the west line of said Section 1; thence South 83 degrees 08 minutes 06 seconds East 1216.14 feet to an iron monument on the westerly right of way line of County State Aid Highway No. 9; thence South 01 degree 28 minutes 22 seconds West 226.45 feet along the westerly right of way line of said County State Aid Highway No. 9 to an iron monument, said point is the point of beginning; thence continuing South 01 degree 28 minutes 22 seconds West 147.67 feet along the westerly right of way line of said County State Aid Highway No. 9 to an iron monument; thence South 53 degrees 35 minutes 51 seconds West 166.64 feet along the westerly right of way line of said County State Aid Highway No. 9 to an iron monument; thence North 74 degrees 16 minutes 39 seconds West 103.35 feet along the northerly right of way line of said County State Aid Highway No. 9 to an iron monument; thence North 16 degrees 55 minutes 39 seconds East 74.56 feet to an Otter Tail County, Minnesota 1206157 4 of 8 iron monument; thence North 55 degrees 41 minutes 29 seconds East 261.13-feet to the point of beginning. AND INCLUDING the following described tract; That part of Government Lot 5, Section 1, Township 137 North, Range 43 West of the Fifth Principal Meridian in Otter Tail County. Minnesota described as follows; That tract of land lying and being between County Highway No. 9 and the lake shore of Pelican Lake, immediately adjacent to and South of the above describe property, less West 25 feet adjoining Lot Four (4). Block One (1), Erickson’s Addition, including any and all riparian rights. AND All that part of Government Lot Five (5) of Section One (1), Township One Hundred Thirty- seven (137) North, of Range Forty-three (43) West, of the Fifth Principal Meridian, with the following boundaries: Commencing at the Northeast corner of Government Lot 4 in said Section 1. Township 137, Range 43; thence on an assumed bearing due South on and along the East boundary lines of said Government Lots 4 and 5, a distance of 2,565.4 feet to the point of beginning of the tract hereby conveyed; thence due West a distance of 153.9 feet; thence South 00 minutes 5 seconds West a distance of 50 feet; thence due East a distance of 1^ feet, more or less, to the East boundary line of said Goverriment Lot 5: thence North on and along said East boundary line a distance of 50 feet to the point of beginning, arid containing 0.18 of an acre. Subject to an easement for a public road over the Easterly 54 feet of said tract. and That part of Government Lot 5 of Section 1, Township 137 North. Range 43 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows: Commericihg at a found iron monument which designates the northeasterly comer of Lot 18 of Engle’s Beach, said plat is on file and of record in the office of the Recorder of said County; thence South 79 degrees 45 minutes 00 seconds West 20.50 feet on an assumed bearing along the northerly line of said Engle’s Beach to a found iron monument on the west line of said Section 1; thence North 00 degrees 05 minutes 49 seconds East 262.30 feet along the west line of said Section 1; thence South 83 degrees 08 minutes 06 seconds East 796.49 feet to an iron monument, said point is the point of beginning: thence continuing South 83 degrees 08 minutes 06 seconds East 419.65 feet to an iron moriument on the westerly right of way line of County State Aid Highway No. 9; thence North 01 degrees 28 minutes 22 seconds East 258.06 feet along the westerly right of way line of said County State Aid Highway No. 9 to an iron monument: therice North 89 degrees 32 minutes 35 seconds West 399.93 feet to an iron monument; thence South 06 degrees 18 minutes 53 seconds West 212.29 feet to the point of beginning. The above described tract contains 2 21 acres. Otter Tail County, Minnesota 1206157 5 of 8 AND That part of Government Lot 5 in Section 1. Township 137 North, Range 43 West of the Fifth Principal Meridian in Otter Tail County. Minnesota, described as follows; Commencing at a found iron monument which designates the northeasterly corner of Lot 18 of ENGLE'S BEACH, said plat is on file and of record in the office of the Recorder in said County; thence South 78 degrees 10 minutes 32 seconds West 20.50 feet on an assumed bearing along the northerly line of said ENGLE’S BEACH to a found iron monument (said point bears North 78 degrees 10 minutes 32 seconds East 849.21 feet from a found iron monument at the northwesterly corner of Lot 17 of said ENGLE’S BEACH as measured along the northerly line of said ENGLE’S BEACH); thence North 01 degree 28 minutes 39 seconds West 262.30 feet; thence South 84 degrees 42 minutes 34 seconds East 570.58 feet to a found iron monument; thence continuing South 84 degrees 42 minutes 34 seconds East 225.91 feet to an iron monument at the northwesterly corner of DGD Enterprises LLP’s land as described in Instrument No. 1034987, said Instrument is on file and of record in the office of the Recorder in said County; thence South 04 degrees 44 minutes 25 seconds West 453.12 feet along the westerly line of said DGD Enterprises LLP’s land to a found iron monument on the northerly right of way line of County State Aid Highway NO; 9. said point is the point of beginning; thence easterly along the northerly right of way line of said County State Aid Highway No. 9 on a curve concave to the south, having a central angle of 08 degrees 48 minutes 32 seconds and a radius of 1482.40 feet, for a distance of 227.91 feet (chord bearing South 80 degrees 15 minutes 23 seconds East) to a found iron monument at the most westerly comer of Thomas W. Hanson’s land as described in Document No. 661295, said Document is on file and of record in the office of the Recorder in said County; thence South 05 degrees 32 minutes 01 second West 50.57 feet to the intersection of the centerline of said County State Aid Highway No. 9 with the northerly prolongation of the most westerly possible line of Thomas W. Hanson’s land as described in Document No. 661297, said Document is on file and of record in the office of the Recorder in said County; thence South 00 degrees 55 minutes 32 seconds West 40 feet, more or less, along said northerly prolongation to the water’s edge of Pelican Lake; thence westerly along the water's edge of said Pelican Lake to the intersection with a line which bears South 04 degrees 44 minutes 25 seconds West from the point of beginning; thence North 04 degrees 44 minutes 25 seconds East 30 feet, more or less, to an iron monument; thence continuing North 04 degrees 44 minutes 25 seconds East 50.00 feet to the point of beginning. The above described tract contains 19,000 square feet, more or less. SLIBJECT TO an easement for right of way purposes over, under and across the above described tract for County State Aid Highway No. 9 as located and established on January 17, 2012. AND otter Tail County, Minnesota 1206157 6 of 8 That part of Government Lot 5 in Section 1, Township 137 North, Range 43 West of the Fifth Principal Meridian in Otter Tail County. Minnesota, described as follows: Commencing at a found iron monument which designates the northeasterly corner of Lot 18 of ENGLE'S BEACH, said plat is on file and of record in the office of the Recorder in said County; thence South 78 degrees 10 minutes 32 seconds West 20.50 feet on an assumed bearing along the northerly line of said ENGLE'S BEACH to a found iron monument (said point bears North 78 degrees 10 minutes 32 seconds East 849.21 feet from a found iron monument at the northwesterly corner of Lot 17 of said ENGLE’S BEACH as measured along the northerly line of said ENGLE'S BEACH); thence North 01 degree 28 minutes 39 seconds West 262.30 feet; thence South 84 degrees 42 minutes 34 seconds East 570.58 feet to a found iron monument; thence continuing South 84 degrees 42 minutes 34 seconds East 225.91 feet to an iron monument at the northwesterly corner of DGD Enterprises LLP's land as described in instrument No. 1034987, said Instrument is on file and of record in the office of the Recorder in said County; thence continuing South 84 degrees 42 minutes 34 seconds East 419.65 feet along the northerly line of said DGD Enterprises LLP's land to an iron monument at the northeasterly comer of said DGD Enterprises LLP's land, said point also being on the westerly right of way line of County State Aid Highway No. 9; thence South 00 degrees 06 minutes 06 seconds East 60.00 feet along the easterly line of said DGD Enterprises LLP's land and along the westerly right of way line of said County State Aid Highway No. 9 to a found iron monument, said point is the point of beginning; thence South 89 degrees 48 minutes 31 seconds West 100.01 feet continuing along the easterly line of said DGD Enterprises LLP's land to an iron monument; thence South 00 degrees 06 minutes 29 seconds East 50.00 feet continuing along the easterly line of said DGD Enterprises LLP's land to an iron monument; thence North 89 degrees 48 minutes 31 seconds East 100.00 feet continuing along the easterly line of said DGD Enterprises LLP’s land to an iron monument on the westerly right of way line of said County State Aid Highway No. 9: thence North 00 degrees 06 minutes 06 seconds West 50.00 feet along the westerly right of way line of said County State Aid Highway No. 9 to the point of beginning. The above described tract contains 5,000 square feet. EXCEPT the following described tract: That part of Government Lot 5 in Section 1, Township 137 North, Range 43 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows: Commencing at a found iron monument which designates the northeasterly comer of Lot 18 of ENGLE'S BEACH, said plat is on file and of record in the office of the Recorder in said County; thence South 78 degrees 10 minutes 32 seconds West 20.50 feet on an assumed bearing along the northerly line of said ENGLE'S BEACH to a found iron monument; thence continuing South 78 degrees 10 minutes 32 seconds West 66.70 feet along the northerly line of said ENGLE'S BEACH to the west line of said Section 1 (said point bears North 78 degrees 10 minutes 32 seconds East 782.51 feet from a found iron monument at the northwesterly comer of Lot 17 of said ENGLE'S BEACH as measured along the northerly line of said ENGLE'S BEACH); thence North 00 degrees 04 minutes 16 seconds West 347.62 feet along the west line of said Section 1; thence South 84 degrees 42 minutes 34 otter Tail County, Minnesota 1206157 7 of 8 seconds East 735.27 feet to an iron monument, said point is the point of beginning; thence North 84 degrees 42 minutes 34 seconds West 735.27 feet to the west line of said Section 1; thence North 00 degrees 04 minutes 16 seconds West 75.33 feet along the west line of said Section 1; thence South 84 degrees 42 minutes 34 seconds East 463.32 feet; thence North 70 degrees 55 minutes 49 seconds East 39.58 feet to an iron monument; thence continuing North 70 degrees 55 minutes 49 seconds East 250.50 feet to an iron monument; thence continuing North 70 degrees 55 minutes 49 seconds East 18.89 feet to a point hereinafter referred to as Point A; thence South 48 degrees 12 minutes 03 seconds East 104.21 feet; thence South 57 degrees 17 minutes 21 seconds East 205.18 feet; thence South 12 degrees 59 minutes 20 seconds West 17.53 feet to an iron monument; therice continuing South 12 degrees 59 minutes 20 seconds West 388.28 feet to an iron monument; thence South 40 degrees 21 minutes 21 seconds West 174.56 feet to an iron monument; thence South 09 degrees 43 minutes 27 seconds West 20.18 feet to an iron monument; thence continuing South 09 degrees 43 minutes 27 seconds West 72.51 feet to an iron monument; thence continuing South 09 degrees 43 minutes 27 seconds West 9 feet, more or less, to the water's edge of Pelican Lake; thence westerly along the water's edge of said Pelican Lake to the intersection with a line which bears South 04 degrees 44 minutes 25 seconds West from the point of beginning; thence North 04 degrees 44 minutes 25 seconds East 80.68 feet, more or less, to an iron monument; thence continuing North 04 degrees 44 minutes 25 seconds East 524.32 feet to the point of beginning. The above described tract contains 5.1 acres, more or less. SUBJECT TO AND TOGETHER WITH a 33.00 foot wide easement for driveway purposes over, under and across part of the above described tract and over, under and across part of said Government Lot 5. The centerline of said 33.00 foot wide driveway easement is described as follows; Beginning at the aforementioned Point A; thence South 48 degrees 12 minutes 03 seconds East 104.21 feet; thence South 57 degrees 17 minutes 21 seconds East 224.31 feet; thence easterly on a curve concave to the north, having a central angle of 28 degrees 53 minutes 08 seconds and a radius of 400 .00 feet, for a distance of 20 1.66 feet (chord bearing South 71 degrees 43 minutes 55 seconds East); thence South 86 degrees 10 minutes 29 seconds East 60.78 feet to the westerly right of way line of County State Aid Highway No. 9 and said centerline there terminates. At the point of beginning of said centerline, the sidelines of said 33.00 foot wide driveway easement shall be prolonged or shortened to terminate on a line which bears South 70 degrees 55 minutes 49 seconds West and North 70 degrees 55 minutes 49 seconds East from the point of beginning of said centerline. At the point of termination of said centerline, the sidelines of said 33.00 foot wide driveway easement shall be prolonged or shortened to terminate on the westerly right of way line of said County State Aid Highway No. 9. AND FURTHER SUBJECT TO an easement for right of way purposes over, under and across the southerly part of the above described tract for County State Aid Highway No. 9 as located and established on December 29.2010. otter Tail County, Minnesota 1206157 8 of 8 931503 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this Instrument #______________ was flled/recorded In this office for rec^ on the day of___SiifLt2=^__2003 at_Sl3t>m/^mNWendy li^Meti^lf, bounty Re)f^rder^— IJCh 931503 £j«coidln5fe^ well certificate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT COUNTY OF OTTER TAIL 121 W JUNIUS SUITE 130, FERGUS FALLS, MN 56537 (218)739-2271 "•COMPLETE THIS APPLICATION IN BLACK INK*** !3M ej’f'/3A Application Fee. ^cep^dBy/Date '7 jyn yJL ^DAYTIME PHONE Receipt Number /j'AJAJ DkUlS ?)/HJI< 21^3^ s-r /OS' PROPERTY OWNER PjJj^A/L/kJ l%f? 6^671.ADDRESS L:Jci^(^DLAKE NUMBER LAKE NAME LAKE CLASS TOWNSHIP X/a/Ty RANGE TOWNSHIP NAMESECTION PARCEL NUMBER 37-^OO-?’t2.~Cl'^0-CXO E-911 ADDRESS LEGAL DESCRIPTION part gl 2 com ne cor lot 23 BLK 1 STONY BAR ESTATES W 1254' N 154.2' TO BG E 1056’ N TO SHORE LN NV^LY ALONG SHORE LN TO W LN GL 2 S TO BG EX TRS EX PLATTED CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) (1) Topographical Alteration (j(2)"commerclarUs^ (3) Cluster Development (4) Extractive Use (5) Industrial Use (6) Forest Land Conversion (7) Miscellaneous EXPLAIN YOUR REQUEST (^ihvtfWmAJ} Co5 / Ae -(-cr IlOO C3a\ (^a.5 "hx)^ k^'foy- 'tit CtitaxAeJ Proper II c Derrt\:f hs> Bore. lA^nder (5a5 cJ^spensor _ TVflKciie.<L +0 CL Doc<. be puAZiX?uhacr^Y<3i<in.(iiexCf/>r uj , \ohevt i-h rtens on I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. SIGNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) BK-0600-006 306.909 • Victor Lunaaen Co.. FYintan • Pargm FaflA MN • t-800-34&4670 I * r •re 1, Date Of Planning commission Hearing Planning Commission Motion June 11,2003: Motion: A motion by Boyer, second by Maske to approve as presented. 1 :; Chaifman/Otter Tail County Planning Commission \ \Courity Board Action K/^ Approved As Recommended ______ Denied As Recommended Other 1 I* /n / o ^ ; Chairman/Otter Tail County Board of Commissioners Date of Final Action j- CONDITIONAL USE PERMIT L & R Official / Date fc-. Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management Copy of Application Mailed to Applicant And MN DNR __ f Ct>. No ySi R Official / 4- j-^ssjUL/\-! Marsha Bowman Marsha Bowman Thursday, May 24, 2018 11:55 AM Chuck Grotte Rick West; Chris LeClair; Michelle Eldien; Gordon Cline RE: Cale Arneson Conditional Use Permit Application - Pelican Lake (56-786);Scheduled for the June 20th Planning Commission Meeting Arneson Holdings CUP App.pdf From: Sent: To: Cc: Subject: Attachments: Chuck, Please find that I have attached the Conditional Use Permit Application and supplemental information as you requested. Please let me know if I can be of assistance. Thanks! Marsha Marihoy'Bovjmcw/ Office/ A dmiArCitrcUar L(M\d/£r Kc40u^'ce'Ma4^a^e^nent GSC, 540 Fir Fer^FctHy, MW 56537 218-998-8099 Tllll From: Chuck Grotte Sent: Thursday, May 24, 2018 11:17 AM To: Marsha Bowman <MBowman@co.ottertail.mn.us> Cc: Rick West <rwest@co.ottertail.mn.us>; Chris LeClair <cleclair@co.ottertail.mn.us>; Michelle Eldien <MEIdien@co.ottertail.mn.us>; Gordon Cline <GCIine@co.ottertail.mn.us> Subject: RE: Cale Arneson Conditional Use Permit Application - Pelican Lake (56-786);Scheduled for the June 20th Planning Commission Meeting Marsha This came up a few years ago, but was dropped. I don't recall why. Please send over the Application and supplemental materials. Thanks, Chuck Charles H. Grotte, P.E. County Engineer Otter Tail County 505 South Court Street, Suite 1 Fergus Falls, MN 56537-2757 (218) 998-8475 (218) 998-8488 fax From: Marsha Bowman Sent: Thursday, May 24, 2018 11:10 AM 1 To: Michelle Eldien <MEIdien(S)co.ottertail.mn.us> Cc: Rick West <rwest(S)co.ottertail.nnn.us>: Chuck Grotte <CGrotte(5)co.ottertail.mn.us>: Chris LeClair <cleclair(5)co.ottertail.mn.us> Subject; Cale Arneson Conditional Use Permit Application - Pelican Lake (56-786);Scheduled for the June 20th Planning Commission Meeting Michelle I would like to confirm this morning’s conversation with this email: Yesterday (5/23), Cale Arneson filed a Conditional Use Permit Application for a commercial use to sell gas from a dock on Pelican Lake (near Zorbas). This Conditional Use Permit Application is scheduled for 7:30 p.m. at the June 20, 2018 Planning Commission Meeting. Along with his Application he provided some details addressing his proposal. If anyone wants me to forward his Application and supplemental material, please let me know. As I understand it, there may be some concerns regarding his proposed use being in County Hwy 9’s r/w. When he filed the Application, Mr. Arneson indicated to me that he has ownership of land adjacent to Pelican Lake and that his attorney has addressed this issue. Mr. Arneson’s Attorney (Gregory Thompson) has sent a letter (attached) to resolve any title matters that might arise with respect to Mr. Arneson’s request for a Conditional Use Permit. Please let me know if you have any questions or if I can be of any assistance. Thanks! Marsha Marsho/'BowmoAV Offux/AdmMuMyator Lcvyidyfr RciOuroe^Mcma^ement' <55C, 540 W fir fer^fcCCU', MW 56537 218-998-8099 2 Marsha Bowman Marsha Bowman Thursday, May 24, 2018 11:09 AM Michelle Eldien Rick West; Chuck Grotte; Chris LeClair Cale Arneson Conditional Use Permit Application - Pelican Lake (56-786);Scheduled for the June 20th Planning Commission Meeting 2018-04-30 Letter from Thompson Re CUP.pdf From: Sent: To: Cc: Subject: Attachments: Michelle, I would like to confirm this morning’s conversation with this email: Yesterday (5/23), Cale Arneson filed a Conditional Use Permit Application for a commercial use to sell gas from a dock on Pelican Lake (near Zorbas). This Conditional Use Permit Application is scheduled for 7:30 p.m. at the June 20, 2018 Planning Commission Meeting. Along with his Application he provided some details addressing his proposal. If anyone wants me to forward his Application and supplemental material, please let me know. As I understand it, there may be some concerns regarding his proposed use being in County Hwy 9’s r/w. When he filed the Application, Mr. Arneson indicated to me that he has ownership of land adjacent to Pelican Lake and that his attorney has addressed this issue. Mr. Arneson’s Attorney (Gregory Thompson) has sent a letter (attached) to resolve any title matters that might arise with respect to Mr. Arneson’s request for a Conditional Use Permit. Please let me know if you have any questions or if I can be of any assistance. Thanks! Marsha Mariha^SowmaA\' Office'Ad^yUniity-cUor LcLYid/Sr KeiOurce^Mccna^emeixt GSC, 5^0 W fir fergui-fally, MW 56537 218-998-8099 1 A ANDERSON, BOTTRELL, SANDEN & THOMPSON ----------------------------- ATTORNEYS AT LAW ----------------------------- 4132 30lh Avenue South, Suite 100 • P.O. Box 10247 • Fargo, ND 58106-0247 Phone 701-235-3300 • Fax 701-237-3154 • www.andersonbottiell.coni Richard R Anderson Lowell R Boltrell* James M. Sanden Gregory L Thompson* Daniel L. Hull* David J.HauS* Michelle M. DonarsU* Ronald J. Kiurll* Krista L. Andrews* Michael L. Gust* Michael T. Andrews*" Arm E. Miller* Joshua M. Feneis* Matthew D. Klrscherunarm*' Ashley K. Champ Jennito E Albaugh* E-mall; gthomps6n@andeisonbottrel1.com April 26. 2018 *Also licensed in Minneseln . ‘A!so licensed in Swth Dakota Kurt Mortenson Assistant County Attorney Otter Tail Counfy Courthouse 121 W. Junius Avenue Fergus Falls. MN 56537 Re; Cale Ameson; Conditional Use Permit Application Dear Mr. Mortenson: Our office is counsel for Cale Amesoh; Mr. Ameson has applied for a conditional use permit to install a tank and gas line ori property that his company owns on Pelican Lake near Zorbaz. Mr. Ameson requested that l^nd information to your office so that there is no misunderstanding on his ownership of the subject property or his rights with respect to that property because in the past, the County has questioned riparian rights on this property. I am enclosing with this letter a Certificate of Survey for a number of parcels in this portion of Government Lot 5. Section 1. Township 137 North. Range 43 West. Otter Tail County. The pertinent part of Mr. Ameson’s property from this Certificate of Survey is defined as Tract 2 consisting of 2.38 acres. In the past, the County has raised an issue of riparian rights for the owner of Tract 2 with respect to the Pelican Lake lakeshore. However, the issue of those riparian rights was put to rest by virtue of a quiet title judgment that was recorded with the Otter Tail Couiity Recorder’s Office on April 3.2008. I am enclosing a copy of a ceifified copy of that quiet title judgment. Exhibit A to that quiet title judgment defines the ownership of Tract 2 as reaching the shoreline of Pelican Lake and thence going westerly along that shoreline to a line which aligns with Point A on the Certificate of Survey. It is clear from the quiet title judgment that the owner of Tract 2 has riparian rights to the lakeshore of Pelican Lake. This was confirmed in a separate opinion letter by attorney Carl Malmstrom to the then- fee owner. Dell Ameson. in a letter of January 10.2012. In Carl’s letter, issue 3 on page BOnrTRELU THOMPSON, HULL, HAUFF, DONARSKI, KNOLU ANDREWS, GUST & ANDREWS. RC April 26. 2018 | Page 2 3 addresses those same riparian rights that I just referenced, and it is also his conclusion that Tract 2 clearly abuts the shoreline of the lake. As you are aware, the County has an easement for the public road, but that easement does not, and cannot, extend beyond the shoreline. Moreover, in reviewing the easement in question that was granted to the County many years ago, I do not see any right of way rights granted to the south of the road, but only to the north of the road. In any event, I would hope that this would resolve any title matters that might arise with respect to Mr. Arneson’s request for a conditional use permit, but I would be glad to answer any other questions you might have on this subject. Very truly vourer Gregory hompson GLT/vjb f:\7539V^\mortensonltr 4-26-18 Enclosures cc: Cale Arneson ( 1036505/ . STATE OF MINNESOTA IN DISTRICT COURTcertifiedCOUNTY OF OTTER TAIL ■ ■ DGO Enterorises, LLP, EVENTH JUDICIAL DISTRICT Ca^ type: Reel Estate CMI No. 56^-08-184 nPlair iff,MAR 13 2008 !) JUDGMENT)V, n V.A Bi*David A. Rick, Chri^e L buuerj Keiitliari 7 Lake Yadit Club, jHomas W. Han^in, Donna ) Utherland, David O. S^eitiolm, Edward G. Johnson, Sharon L Johi^n, Craig L Kotte, ) Sandra J. McDonald, Glem^Pt.Johnson, Rebecca ) Wood, Gatherfne Nelson, VofiS'Biand, Tom ) Wood, Robert E. T^chendoiisi^n Teschendorf, James ^ Tesdieri^, Greer InVestmdits LP Oklahoma, Shen^^ P. Anderson, Saridra Anderson, JanetjyifSchrpeder,} ba\^d J. Schfoeder, Stuart Anderson,''B^t E. ) ' Cavallki, Brent Homstein, Robert C. Dalc^tLjnda } L Butler, Jdfirey Herbold, Jamie Herbold,'*and^e ) State of Minnesota, and all other persons )unknown claiming any right, title, estate inter^^) or Den-in the real estate descn’b.ed In the Complaint herein, ) ) ) ) ) Defendants. ) Due proof having been presented to the Court of ti;b senrice of the Summons and Complaint in this acDon, as more fully appears from the Affidavits of Service and . for PubDcab'on filed herein, and ft further appearing that the 8me aHow^ by law and specked in the Summons for the Defendants to answer the &jmmo^^d Ckimplalnt has elapsed and no answer has been served by the Defendants, or any^^^em, nor have the Defendants, or any of them. In any other manner appeared in the d^n; the Court, having jurisdiction of the parries and of the subject matter to the acrion, proceeded to hear the evidence in the case, and from the evidence so presented did make and file its Rndings of Fact, Condu^ons ctf Law and Order for Judgment■J w f «0\ 4/ NOW, THEREFORE, pursuant to saJd Findings of Fact, Conduslons of Law and Order for Judgment, and on motion of krfstei L. Andrews, attorney for the Plaintiff herein. I rr IS ORDERED, ADJUDGED AND DEGREED THAT THE Plaintiff, DGD Enterprises, LLP, is the owner in fee simple of those certain premises situated in the County of Otter Tail and State of Minne^ta, described as follows, to-vrit: See attached Exhibit A. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Defendants, and each of them, have no right, title, interest, estate, or lien in or upon the above-described real estate. 1 I WITNESSETH, the Honorable . Judge of District Court, and .2008. I the seal of this Court this day of \ (h/\aleJLJICourt Adrhinistrator Iarh 0S642ft7ta/JircfgmOTt 1*23:08 I ! 2 f' * / Exhibit A! That part of Government Lot 5. Section 1. Township 137. Range 43 and that part of Government Lot 9, Sedlon 2, Township 137, Range 43, Otter Tail County, Minnesota, lying norflierly of the following described line* Commencing at the northeasterly comer of Lot 18, ENGLE’S BEACH, said plat is on file in the office of the Recorder, said County; thence on an assumed bearing of South 78 degrees 10 minutes 32 seconds West along the northerly line of said ENGLE'S BEACH, a distance of 20.50 feet; thence Norffi 01 degree 28 minutes 39 seconds West a distance of 262.30 feet; thence South 64 degrees 42 minutes 34 seconds East a distance of 570.58 feet to a point hereinafter referred to as Point A’ thence continuing South 84 degrees 42 minutes 34 seconds East a distance of 225.91 feet; thence North 04 degrees 44 minutes 25 seconds East a distance of 21229 feet to a point hereinafter refemed to as Point B; thence North 88 degrees 52 minutes 57 seconds East a distance of 454.82 feet to the east line of said Government Lot 5, being the point of beginning of the line to be described; thence South 88 degrees 52 minutes 57 seconds West a distance of 454.82 feet to the aforementioned Point B; thence South 04 degrees 44 rninutes 25 seconds West a distance of 745 feet more or less^to the Shoreline of Peiidan Lake; thence westerly, aiong ^id shoreline to the intersection with a line vMch beam Sputh 04 degrees 44 rnihut^ 25 seconds West from the aforemenHoned Point A thence North 04 degrees 44 minutes 25 seconds East a distance of 539 feet more or less, to the aforementioned Point A thence North 84 degrees 42 minutes 34 seconds West a distance of 570.58 feet; thence South 01 degree 28 minutes 39 seconds East a distance of 262.30 feet to said northerly line of ENGLE’S BEACH; thence South 78 degrees 10 minutes 32 seconds West along said northerly line, a distance, of 849.21 feet to the northwesterly comer of Lot 17, said ENGLE’S BEACH, said point being on the easterly line of that certain tract of land listed in the second paragraph of the prdmls3§*awaitle(rperTiriarJudgment and'recorded as'DodurnehfNd. 727824'in said office of the Record^ thence North 11 degrees 50 minutes 20 seconds West along the easterly line of said tract of land, a distance of 78.38 feet to the northeasterly comer of said tract of land; thence Sputh 84 degrees 45 minutes 59 seconds West along the northerly line of said tract of land, a distance of 529.84 feet to the northwesterly comer of said tract of land; thence on a bearing of South along the west^y line of said tract of land and its southerly extension, a distance of 471.78 feet to a point lying 20.00 feet easterly of the northeasterly comer of Lot 1, Block 1, PELICAN BEACH, said plat is on file in said office of the Recorder, said point being rneasured horn the northeasterly comer of said Lot 1 and being measured perpendicular to the easterly line of said Lot 1; thence on a bearing of West a distance of 20.00 feet to the norffieasteriy comer of said Lot 1 and there terminating. Containing 72.62 acres more or less. Subject to County State Ad Highway No. 9 right-of-way easements. Further subject to other easements and reservations of record, if any. ! •i \ I OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA llme&yeeiUlrQhat tfitetnstnmiffltt# lt0365>O?^ WM fDedfteconfed In this office teriecofdttBtteSrd dwol Aprjl 20fl8at//-isaftlBni W«)dvyil8elealLOountK^lti^ mi Deputv TRANSFER ENTERED /2ppiL 3___, .d8.„ ^ (Year) Wayne Stein, County Auditor By: fcr hy:, njgfhe uelloatfficateDeputy fi/TclivfiOh (cfkil) ?0 Bo/ loz^iy Forao KJO 0 ' «ssio(o-o2iy THORWALDSEN & MALMSTROM, pllp PAUL R. THORWALDSEN » CARL E. MALMSTROM LISA C. MORRISON i ROBERT P. THORWALDSEN I5’HN c’ QUAW. Riil'ited MARY G. SORLIM. Riliied ATTORNEYS AT LAW Phone: (218) 847-5646 FAX (2181 847r39S0 POST OFFICE BOX 1599 1105 HIGHWAY 10 EAST DETROIT LAKES. MN 56502-1599 January T0,~2012 Dell Ameson P.O. Box 9949 Fargo, ND 58106 Re; Pelican Lake Property DearDdl, - I received a call firom Scott Walz Friday afternoon regarding your file. I reviewed the file and saw fiiat I had completed all of the title review last August and the enclosed report was done and in the file. I do not see that it was sent to you, but that should have been done. I am sorry if you did not receive it then. The conclusions reached are that you are die owner without question of riparian rights for lake shore adjacent to Tract 1, less Tract 1-A, and adjacent to Tract 2. There is an issue of a small gap within die boundaries of the old Hohman Telephone tract shown as an exception on the Smith survey of Tract 1. There is some ambiguity with the location of the boundary between your property and Hanson's property south of County Road 9. Hanson's claim can extend no further west than the terminating point of the call in his deed recorded as document no. 661297 reading as follows; "thence North 70 degrees 54 minutes 48 seconds West 100 feet along the southerly right of way line of said County State Aid Highway No. 9". This call is followed by "(or to the intersection with the water's edge of Pelican Lake if said intersection occurs prior to measuring 100.00 feet)" which could put the boundary at various locations depenc^g on the level of the water from time to time, but no further than the 100 foot distance in the first part of the call. For this reason if you set your boundary at die furthest distance west described in Hanson's deed, he could have no objection and it would not require a conveyance from Hanson. Yours truly. C^.M^frd^ •MSB.\ Bnanl Ccnitlcil Real Ptopetn; Speciaii-!; ♦ l.)ualifi«l .\DR Neutral Civil Si l amily Nlctliani<n.'.\rl)itrarion ®.\ls« licensed in SoutH Dakota August 25,2011 Title Rqtort Part of Goveroment Lot 5, Section 1, Township 137, Range 43 DGD Enterprises, LLP Report based on die examination of an abstract of title containing 153 entries last certified to on the 17*’’ day of May, 2005, as to the premises set forth on attached Exhibit A; on the mcamination of an abstract of title containing 103 entries last certified to on the 16"* day of October, 2006, as to the premises set forth on attached Exhibit B; on the examination of an abstract of title containing 10 entries last certified to on the 19*’’ day of May, 2003, as to the premises set forth on attached Exhibit C; and on the examination of title insurance commitments regarding the property, tax records and survey records. The property and title reviewed is idoitified on the certificate of survey of Roy A. Smith originally dated December 19,1978 and revised January 6, 1987 as the Ramage Tract 2.21 Acres, Tract 1, Tract 1-A, Tract 2, and Tract 4, a copy of which survey is attached as Exhibit D. Issue 1. Old Hfohman Telephone Tract In 1962 Ernest M. Erickson and Beatrice Erickson deeded a 0.18 tract in Govt Lot 5 to Hohman Telephone Company. The description was adequately dralied and should be locatable. Survey work available for review did not survey this description and does not contain sufficient information to locate it on the current survey drawings. Roy Smith survQred parts of Government Lot 5 in December 1978, vnth a revised drawing in January, 1987 showing the Ramage Tract, 2.21 acres; Tract 1,4.47 acres. Tract 1-A (part of Tract 1,30,000 sq. ft); Tract 2,2.38 acres; and Tract 3,5.95 acres. The survey shows die Hohman Telephone tract as an exception to Tract 1 with its locadon based on iron monuments found. Corrective title woric was done to the boundaries shown on this survey with a quit claim deed fiom Ernest and Beatrice Erickson to the Boathouse, Inc. (deeds 504-427 and 505-911). These deeds established good title to the Boathouse, Inc. to Tract 1 (4.47 acres), as shown on the survey, but did not ^tablish good title to the exception. There appears to be a small discrepancy between the Hohman Telqihone Tract as described in the original d^d, which is the description DGD received title to, and as described in the Smith survey based on the monuments found resulting a gap which is still titled to Ernest M. Erickson and Beatrice &ickson. Issue 2. Status of Lake Shore South of Tract 1. hi 1979 The Boathouse, Inc. acquired title fiom Frank and Delores Froelich to the premises identified as Tracts 1,2,3 and 4 shown on the 1978 Roy Smith survey. The Boathouse, Inc. also received the above mentioned corrective deeds fiom Ernest and Beatrice Erickson which were effective to establish good title to the surveyed tracts and included the underlying fee title to the area subject to the easement for County State Aid Highway 9, and to the low water mark of Pelican Lake south of the county road. Tract 1 and 4 were eventually deeded to Richard Gerlach. The description for Tract 1 used the north right of way line of County Road 9 as its south boundary but also included the lake shore south of the County Road. In 1987 Richard Gerlach conveyed Tract 1-A and Tract 4 to Thomas W. Hanson (warranty deed 661295 conveyed Tract 1-A, and quit claim deed 661297 conv^ed Tract 4). The west boundary for Tract 4 is south of the southwest comer of Tract 1-A. Tract 4 was conveyed subject to an easement for ingress and egress for access to Pelican Lake benefiting that part of Tract 1 not convey^ to Hanson. The balance of Tract 1 together with its appurtenant easement was conveyed through a chain of title ending with deed 1034987 from Karl and Katluryn Simison to DGD Enterprises. Tliis deed describes a Tract IB covering: "That tract of land lying and beii^ between Gounty'Hi^way No. 9 and die lake shore of Pelican Lake immediately adjacent to and Soudi of thoatove described property, less West 25 feet adjoining Lot Four (4), Block One (1), Ericksoii's Addition, including all riparian rights." This description needs to be read together with the d^riptipn for the Tract 4 already conveyed to Thomas W. Hanson and to the extent inconsistent wth that description needs to be revised to create a common boundary as described or intended in the Hanson deed. It is clear that deed 1034987 intends to conyey only vdiat was ownM after the deed to Hanson, which is die area immediately south ofTract 1, and not south of 1-A. The de^ in question do not describe the underlying fee tide to the area subject to the right of way for County Highway 9. It is a general rule of construction that when both sides of a public road are conveyed it is intended that the underlying fee title of the road is also conveyed subject to die easement for the road. This is important in the continued claim to rip^an rights. Issue 3» Rinariflii Rirfits. Riparian rights are the rights of a property owner to use the water that is adjacent to his shore. The existence of those rights is dependent on the properQr in question actually abutting the shore line of the lake. Riparian rights include the right to access to the water, the right to install a dock, moorage, and other rights of value, all subject to the public's right to navigation. The legal description for Tract 2 (2.38 acres) clearly abuts the shoreline of the lake and as discussed above, the legal description for Tract 1, less Tract l-A, also abuts the lake and fee tide to the road bed for County Hi^way 9 resides in DGD, subject to the public road right of way. It spears that the south right of way line of County Highway 9 is the same as the shore line of the l^e for much of die area in question. This do^ not extinguish the claim for riparian rights. WMle the easement for the public road does not extend past the ^reline, the fee tide extends to the ordinary low water mark which may be some distance into the lake at its present levels. Since the fee tide resides in DGD subject to the public road right of way, toe riparian rights also reside with DGD, unless shown to have been conveyed to another. There have been cases where a claim to the riparian rights has been made by a city or county government where toe public right of way abuts toe water line (see Larson v. State. 776 NW2d 727, (Minn. App. 2009); McLafifertv v. St Aubin. 500 NW2d 165, (Minn. App. 1993), but in those cases riparian rights are not exclusive, and are dependent on an express grant or circumstances where it is clear that an easement for toe riparian rights has been granted. This would be toe case where a public road has its terminus at toe shoreline, or where toe dedication of the right of way is for toe purpose of granting access to toe lake. It has been held that an easement for toe mere construction of a public highway, such as we have in our case, is not remotely connected with navigation or any odier water connected use, and it is a land easement and nothing more. State bv Heady. Slotness. 185 NW2d 530, (Minn. 1971), and does not carry any riparian rights with it Although DGD has riparian ri^ts, including toe right to install docks, moor boats, ect those rights must be exercised in a way that does not interfere wito toe public's easement rights in the road way: Otter Tail Coimty does have toe ability to regulate toe use of toe road right of way including the placing of doc^ from the right of way. I am not aware of such regulations and it is ^parent there are many locations in toe County were private docks are placed where toe •: public road right of way abuts the Jakeshbre, biit ioquiiy needs to be made with the County to detennine whedier a pennit may be needed. Conclusions. Corrective work needed includes: (1) a deed from Ernest M. Erickson wd Beatrice Erickson to Tract 1 (4.47 acres) less Tract 1 -A, including the exception of the Hohman Telephone tract to pick up the possible gap between the record description of die Hohman Telephone tr^ and the description for the exception shown on die Smith Survey. If the deed is not available ah action to detennine adverse claims will correct this issue. (2) develop a legal description extending the boundaries of Tract 1, less Tract 1-A to the shoidine of Pelican Lake. The east boundary should be consistent with the description in the deed to Thomas Han^n filed as document no. 661297. ! I ! ! !NAI'UKE OF INSl-RUMKNT HECOI{CED IN BOQIC_ ntlED ____OF... .>AGE.____ OATS MOMTH tLiilDAT liONlH WA»A.M.r M OAT ! ii—.• - -1 EXHIBIT “A“ iThat part of Government Lot 5 in Section 1, Township 137, Range 43, lying north of a line described as follows: Beginning at a point on the west line of said Section 1 which is 2405.2 feet south of the northwest section corner thereof, thence South 83°02’ East • 1195.7 feet, more or less to a point on the west right-of-way line of the County Highway No. 9i thence east 54.0 feet to a point on the east line of said Government Lot 5 which! is located 2505.4 feet south of; the north; line of said Section 1 and there terminating.! Containing 32.5 acres, more dr less. EXCEPT THE FOLLOWING TRACT: I! :!That part of Government Lot 5, Section 1, Township 137N, Range 43W, Otter Tail County, I Minnesota described asTolTows: Commencing at the northeast corner of said Government | Lot 5; thence South 00'^05*10" East,' assumed bearing along the east line of said Governroe Lot 5, a distance of 832.60 feet to the point of beginning of the tract to be described;- thence continuing South G0°05'10" East 259.00,feet along the east line of said Governraeri Lot 5; thence West 53.81 feet to the northeast corner of that tract recorded in the Quili Claim Deed and filed as Document No. 642266 in the office of the County Recorder, Otter i Tail County, MN; thence North 84°35'52" West 419.65 feet along the north line of said tract recorded in Document No. 642266, to the northwest corner of said tract recorded in Document No. 642266; thence North'04°5r07" East 212.29 feet along the northerly extensi! of the west line of said tract recorded in Document Ho. 642266; thence North 88®59'39“ | East 453.32 feet to the point of beginning, containing 2.53 acres, more or less.Subject to an easement for County State Aid Highway No. 9 over and across the easterly I portion thereof. ! AND ALSO; That part of Government Lot 9 in Section 2, Township 137, Range 43, lying north a line described as follows:. Beginning at a point 2667.6 south from the northeast corner of sale Section 2, thence South 79°45' West 849.5 feet, thence North I0°15’ West 110.1 feet, more or less, to a point which is North 10°15* West 400 feet from the north edge of County Highway No. 9, thence South 79'45‘ West 554.0 feet,, mo-e or less, to a point 20 feet west of the west line of said Government Lot 9, thence South to a point 20 feet east of the northeast corner of Lot 1, Block 1 of Pelican Beach, thence West 20 feet and there terminating. t AND ALSO; Tract 2; That i/art oC Oovei'iuncn- Lot S, Section 1, Town.^hip 137 North, Range 4 3 West of the Fifth Principal Meridian in Otter Tail County, Minnesota described as follows: Coxnencing at a found iron monument which designates the northeasterly corner of Lot 18, "Engle's Beacn" plat of which is on file and of record in the office of the Recorder-of said County; thence South 79 degrees 45 minutes 00 seconds West ^0.50 feet along the nerthly line of said “Engle's Beach* to a f.-jnd iron monument on the west line of said Section 1; thence North 00 degrees 05 minutes 49 seconds East 262.30 feet along the west line of said Section 1; thence South 8 3 degrees 08 minutes 06 seconds East 570.58 feet to an iron monument, said point is the point of beginning; thence South 06 degrees 18 minutes 53 seconds West to the North shore of Velican Lake thence easterly along the shoreline of,Pelican Lake 225.91 feet; thence on an assumed bearing North OJ degrees 18 minutes 53 seconds Cast to an iron monument 4.64 fee*- North of the northerly right of way line of County State Au Highway 19; thence continuing North 06 degrees 18 minutes 53 seconds East 432.82 feet to an iron monu.-nent; thence rontinuing North 36 degrees 18 minutes 53 seconds East 15.b5 feet; thence North 83 decrees 08 minutes 06 se-conds West 225.91 feet to vhe point of b-?ginning. The above described tract to the extent North of the aforesaid high-way contains 2.38 acres*^all of^said 0^o ABSTR.\CT OF TITLE TO: All part of Government Lot Five (5) of Section One (1), Township One Huridred Thirty-seven (137) North, of Range Forty-three (43) West, of the Fifth Principal Meridian, with the following boundaries: Cownmencing at the Northeast comer of Government Lot 4 in said Section 1, Township 137, Range 43; thence on an assumed bearing due South on and along the East boundary lines of said Government Lote 4 and 5, a distance of 2,565.4 feet to the point of beginning of the tract hereby conveyed; thence due West a distance of 153.9 feet, thence South 00 minutes 5 seooncte West a distance of 50 feet; thence due East a distance of 154 feet more or less, to the East boundary line of said Government Lot 5; thence North on and along said East boundary tine a distance of 50 feet to the point of beginning, and containing 0.18 of an acre. Subject to an easement for a public road over the &sterly 54 feet of said tract and That part of Government Lot 5 of Section 1, Township 137 North, Range 43 West of the Fifth Principal Meridian in Otter Ta3 County, Minnesota, described as follows: Commencing at a found iron monument which des^nates the northeasterly comer of Lot 18 of Engle’s Beach, said plat b on file and of record in the office of the Recorder of said County, thence South 79 degrees 45 minute 00 seconds West 20.50 feet on an assumed bearing along the norttierly line of s|aid Engle's Beach to a found iron monument on tiie west line of said Section 1; thence North 00 degrees 05 minutes 49 seconds East 262.30 feet along the. west line of said Section 1; thence South 83 degrees 08 minutes 06 seconds East 796.49 feet to an iron monumertt, said point is the point of beginning; thence continuing South 83 degrees 08 minutes 06 seconds East 419.65 feet to an iron monument on the westerly right of way line of County State Aid Highway No. 9; thence North 01 degrees 28 minutes 22 seconds East 258.06 feet along the westerly right of way line of said County State Aid Highway No. 9 to an iron monument; thence North 89 degrees 32 minutes 35 seconds West 399.93 feet to an iron monum^t; thence South 06 degrees 18 minutes 53 seconds West 212.29 feet to the point of beginning. The above described tract contains 2.21 acres, and together with ail hereditements arid appurtenances belonging thereto, subject to the following exceptions; None. together with ail right, title and interesL if any, of Seller in and to any streets and roads abutting the aforesaid premises to the center fines thereof N.F. Field Ab.stract Company, Inc., Fergus Falls, iVIN. 1, I' I;W'v \ V,/\ -■ ,t -■I V / OONTlNUATtOH Of -i BSTRACT OF JTl'LF TO TtSirU: 'llral fail of ffiiwinnitnl I •< J, .Torllon I, Ta«n<hi;f U7 N«iA, irjneo WVil of ilie lUfth I’llncljnl McWdixi to Uller Tail Cunnly, Mlnncsnlii, <texr!l>r<I u fulhiirs: crmnintncing al a fimiiJ bon mmmiRnit «Mrtl ahafgiMis Ibe Kiwibnteiialy cciorr of Lot 13, ‘ilngto’a Ik^* pM of vhtch b m fite »id of leconi in Ibe office of Ibe Secontcr of lalii crinntly; (bcnce Sonlh 70 ifcgiRi 43 ndimlci 00 SKcudj rat iO.SO feet oo an auumnl bearing along Ifte ooribnljr Itne of ubl 'Engle's Deach* to a fouid Iran monemenl oo (be West luie of sold f'.don I; tficnce Notfli 00 degrees 03 pdmiles 49 seconds Eut 262.30 feet along (he vest One of said 5ectton I; Ounce SOuOl 83 degrees 03 mbrales C6 seeonb East 796.49 feet to Ibe point of beglmitog; Ihenee eomianfag SonOi 83 degrees 03 nbnites C5 aeconds But 419.63 feet In an Iron monument oo toe neslcrt/ right of mp Ene of County Stale AM lEgbnay No. 9; llienee SonOr 01 degree 28 nlnntcs 22 seconds West 60.1)0 feet along toe ntesKily right of way line of said Counly Slate AM Highway fte. 9 to a found Iron oonomail; Itunce Horlb 88 degrees 37 mlnules 01 second West lOOiOl feet to a fannii boa monunml; thence Sdolb 01 dfgrte 27 minutes 39 seemnfa West 30.00 feel to a final boa rBceimiesi; Ounce Sonto 83 degrees 37 nttonles Of second East IOOlOO feel to a fonod Iron momimenl oe too westerly right nf way lliia of saM C^y Slate AM iOghvay Mo. 9; ihcnce Souto 01 degree 28 mtontet 22 seconds West 264.1) feel abng toe westerly rigbletta/ liee i>f said Covriy Sum AM Hlghw^ No. 9; Ounce Somh 33 d^tccs 33 mimites 51 smmdi West 166.64 feet slong ihe west^y right Ilf way One of ssM Cuanly Stole AM ll^hway No. 9; Aenee Nntb 74 degrees 16 wlnotei 39 srceodl West 102,33 fed along On nmOurly right of way Itne of saU Oiaity State AM Highway Na 9: Ihcnce westoty centlnnlDg along toe norlbetly right of way Soe of saU Ctomly Stole AM Highway Na 9 eo a enrtt^ Cfaitaae 10 toe jodb, having a central angle of 08 degrees 48 mlnalel savoit and a laiSos of 1481.40 feel for a i&bnce of227.91 feet (chard hearing notOi.78degtces4ambn(es3SseoondtWesO;toenceltittai06degreca 18 miones 33 seconds East 4.61 fedtesnlienimaiiiijieul; OuncecnnlbniiiigKDtlb06degrees 18 atontesS3 seconds East 432.82 fed to an Iron nmnmnenf; Ounen onmhabg Knrth 06 degrees 18 rnbnlcs 33 seeanb East 13.63 fed to toe point of bcglimtog. The above described Had conblns 4.47 acres. *. ‘ .v ■.•{I /'-‘’I '•■-arfV > 4 i. Eiccpl toe Ibltowfaig desaibed bacC Tract 1a: That part nfCoycrnnuRt tot 3, Section I, TownsMp 137 Norlb, Range 43 West of (he Filth Prinetpai Mcridbn In Oltalan Counly, Mtnncsoto, described as follows: Cbaimtncing at a found ben monument nddtbdesIgtBtes toe nortlicastcrlycnriur of Lot 18, of 'Engle's Beach*, pbi of which b oo fite and of Rceid to too oflke of toe Recorder of tab! Cmatlr, Ounce Somb 79 d^iees 45 minutes 00 seconds West 20L30 fed on an assumed beasbig along toe norihetly Ibe of srid'Engle's Bc3dl^ to s found fat» moanment on die west fine of saldSe^on t;toenttKoitbDD degrees 03 minutes 49 seeends Eut 262JO fed alons the west line of said Seelhm I; theneeSoolb 83 degrees 08 nlnutes 06 seooiids East 1216.14 fed to an bon menument on toe wei^ right of way fine of Coonty Stole AM Highway Na 9; toenco SoBthOI d^ree 18 mlnnles 22 seconds West 226.43 fed along die westerly tigbl of way Dna of said County Stain AM Highway No. 9 to an bon mosameot, saM p^t b toe p^ of b^mitng; thenceenntoH^ Sooth 01 degree 28 oloahs 22 secomb West 147.67 lot along too wesleriy righlof wg^ Ihuof aM County State AM Mghwqr No. 9 to an bon monument; (hence smith 33 degrees 33 ndmnes 31 seconds West I66.M lied along Iho westetly right of wqr fins of said County Stole Aid Highway Nol 9 to an ben momnntni: thence N^ 74 degieea 16 inlnattt39secondiWcsl lOUS fed along ton milteity right of way Ibieof said County Slate AMIII^wayNou9toanbsanionninesi;toeDceNotfh 16 degrees Umhmles 39 serands Eut 74J6 fed to an Iren menmncnl; Ibcnte Kotlb 33 degteca 41 ndnules 29 secondi East 261.13 fedtolbepdatofterimring. 7ta above described (rad eenUtas 3HOOO square feet tO.69 at an sac). m-y'mxssm'Siil.• .■ m ><f •J •; AtsD Inciodal fai tb^iubjcd pfvpcil;: Tfact la; That part of Oovnnment TjiI 5» .Section I, Townsblp 137 Kortli, Range 43 Wert of llta FtAb Mf^pal Mcrtdlap lo OQeitt3 Caunlpg Mlnacsota, docribfd as follows; TTiat fiact of Iiuid Ijring end being ticiwecn Counly lligbway ^16.9 and die lake stum of rdtcao lakcw ImmnSrteljr adjaeenf Id and South nf the above dcKiibed property, less Wetf 25 fed aiQoInlog Lot Four (4), Diode Ono (I), Erfeksoa's Addition, Including any and all itpaiba FROH ^^94 at OaOO A.H. OMLYw . ' ■v:- .i-’ . 'vr' ••. riahta. V. t ■ that had of land lying and bebg bdwteo Counly MIgtariy No. 9 asd toe htu shore of Pelican Ule, Immedbtely adja-.-enr to and Souto of ton above described property, len Weit 23 fed adjrdalng tot Eeor (4), Block One (I). Eriekson's Addiiion, Including any nod all rtpwiaa 339.33' ■ ■••— ll'esr lInt Scr.. l - I5Y-4A T Oo8AWAGC TRACT Oj Ul 2.2/ Acres (u : ■'I ’'*^“4“'"■! L-0^ C.S.A.m, tio. 9 I I •I'' * • Uj ](tn IV:O o'-I g 2: ■O' 81-:<:5 o/";/, eaoo'^ /oQor \ sflaos^'o/’c'0»^°>”Z7‘5v‘w so.ai- ^ I w ----©d 'n excEfrioH , /'St •, > •?( , ^ mao' •• -' V \ /o i f 7 ir>S! o,O GO . r«j "S -•WoS/C-lly fi/H' /,„t.Uj /0/ C.S.A.H. Nu. 0 ; v~s—-ii ; ■ 1^ - >,1 t') ■t?.-3i-eu crI «• t- •CtnllKK-ATIOM fOH TRACI I-A 0 TRACT <T '■•Ha’*"1 'harobj' tliol thin tr.tTvav. plan, o- ' ■ WJjtT ptepoiflJ by jnc or undisr rny '.iitoct nuparvWtcn cutd that! uiti □ dulv noitii tr,i«d jfraild Sun'eyoi' ■wioo: 'I.v IriWi. of Ikt. 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