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HomeMy WebLinkAbout25000030015002_Conditional Use Permits_10-12-2022_Norwood Beach16 11 2.0Z2 128492CDate Received / Date Stamp LYNN R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, NH RECORDED OH 11/08/2022 09:52 AM FEE: 4b,OC •'I' T3'IrC!-i L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertaii.mn.us d 600’00 Receipt Number ________ Reviewed / Accepted By; Date 218.205.8254 Appiication Fee JACK AND ASHLEY LELWICAPROPERTY OWNER DAYTIME PHONE 37011 BLARNEY BEACH ROAD, BATTLE LAKE MN 56515MAILING ADDRESS jack.lelwica (ggmail.comE-MAIL ADDRESS 56-242 OTTER TAIL LAKE _______LAKE CLASS EVERTS TOWNSHIP LAKE NUMBER SECTION ^___ LAKE NAME 133 RANGETOWNSHIP_______ 25 OOOO^ 0016 OOP 2.6 OOO 03OOIS0O / TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESSZb 001600 L . ^ uno o3no9, t& 000 0 6 Oo(Sod>S 2^ 600 onlC, oa ^ LEGAL DESCRIPTION Part of Gov't Lots 1, 2 and that part of the Southwest Quarter of the Southeast Quarter, Section 3, Township 133 North, Range 40 West, Otter Tail County, Minnesota.... Please Check The Appropriate Requests I ✓ I Land Use: Land Use Requested (From Table 1) I I Shoreland Alteration: Total Cubic Yards Requested_____ I I Excavation In a Bluff or BIZ: Total Cubic Yards Requested Residential PUD SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Proposing a 15 Unit Residential PUD. 3 Units will be over 1,000 feet from Otter Tail Lake and 12 Units are within 1,000 feet from Otter Tail Lake, 8 of these Units will be for single family use and 2 duplex units (each duplex has 2 units for a total of 4). Also proposing 20 boat-slips and 1 boat-slip for transient use for a total of 21 boat-slips. V , Conditional Use Permit Application / Page 2 Property Owner:. 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. Hgp.OWNER / AGENT FOR OWNERSIGNATURE Of PI APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) OFFICE USE ONLY Date Of Planning Commission Hearing Ocf f 9{{ ^0^^^ Planning Commission Recommendation Time Motion: A motion by Wilson seconded by Fischer to approve the application as presented for a 15 Unit PUD (12 Units within 1,000 feet of Otter Tail Lake and 3 Units over 1,000 feet from Otter Tail Lake). 8 of the Units will be for single family use and 2 Duplex Units (each Duplex has 2 Units for a total of 4 Units) and 21 Boats Slips (20 Boat Slips and 1 transient Boat Slip). Voting: All Members in favor. Chaimnan/Ott|6r Tail Goohty Planning Commission County Board Action X Approved As Recommended ____Other Denied As Recommended “Chairmlan/Oltter Tailf^unty Board of Commissioners 10 -IL Date of Final Action % |1-~T - Z02-2UCONDITIONAL USE PERMIT # L & R Official/DateX Permit(s) required from Land & Resource Management ^ Yes (Contact Land & Resource Management) ____ p^vrvvi k \\iuhJ ^ €kr't?\»viiViUA a- Copy of Application Mailed to Applicant, Co. Assessor and MN DNR No CUP App 09-29-2021 Letter Sized LAND & RESOURCE OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA CONDITIONAL USE PERMIT NO. 2022-014 STATE OF MINNESOTA COUNTY OF OTTER TAIL In the matter of: A request for a Conditional Use Permit submitted by Jack & Ashley Lelwica, Proposing a 15 Unit Residential PUD. 3 Units will be over 1,000 feet from Otter Tail Lake and 12 Units are within 1,000 feet from Otter Tail Lake, 8 of these Units will be for single family use and 2 duplex units (each duplex has 2 units for a total of 4). Also proposing 20 boat-slips and 1 boat-slip for transient use for a total of 21 boat-slips. The Otter Tail County Shoreland Management Ordinance requires a Conditional Use Permit to create a Residential PUD in the Shoreland District of Otter Tail County. The above-entitled matter was heard before the Otter Tail County Planning Commission on the 12th day of October 2022 and granted by the Otter Tail County Board of Commissioners on the 25th day of October 2022, on the request for a Conditional Use Permit pursuant to the Otter Tail County Shoreland Management Ordinance for the following property: PROPERTY ADDRRESS:None 25000030015000, 25000030015001, 25000030015002, 25000030015003, 25000030015004 & 25000030015005 PARCEL NUMBER: LAKE NAME/NUMBER:Otter Tail Lake (56-242) Pt of Gov’t Lots 1,2 and that Part of the SW1/4 of the SE1/4, Section 3 of Everts Township LEGAL DESCRIPTION: ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 LIVE YOUR best life HERE. wmm IT IS ORDERED that Conditional Permit No. 2022-014 be granted for a 15 Unit PUD (12 Units within 1,000 feet of Otter Tail Lake and 3 Units over 1,000 feet from Otter Tail Lake). 8 of the Units will be for single family use and 2 Duplex Units (each Duplex has 2 Units for a total of 4 Units, single family use) and 21 Boats Slips (20 Boat Slips and 1 transient Boat Slip). STATE OF MINNESOTA ) ) ss. LAND AND RESOURCE MANAGEMENT COUNTY OF OTTER TAIL) I, Chris LeClair, Director of the Otter Tail County Land and Resource Management department, do hereby affirm that I have compared the foregoing document and Order granting this Conditional Use Permit with the original Planning Commission minutes thereof preserved in my office and the Otter Tail County Board of Commissioners action on the permit and have found the same to be a correct and true transcript of the permit thereof. This permit shall be issued in accordance with and subject to the conditions of the plans, maps, designs, and all other documents referenced in the provisions of the permit between Otter Tail County and the applicant(s). It!-day of . 2022Dated this Chris LeClair, Director Otter Tail County Land and Resource Management Drafted by: Otter Tail County Land and Resource Management 540 W. Fir Avenue Fergus Falls, MN 56537 1282738 No delinquent taxes and transfer entered; Certificate of Real Estate Value (y )filed ( ) not required.Certificate of Real E^ate Value No. ^ ZZ. Shwt2 letter Tail County Auditor/Treasurer LYNN R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 09/22/2022 02:00 PM FEE: 46.00 PAGES 7 WELL CERTIFICATE REC'D: N .lOTl- (YEAR) D u ^ _____________________________ ^ zsdoCoyooiSDoo ztoocolooisgozZS'OOOoJQViSOOH ZS-OOOO^OOISOO^ ’ZSO0C03O>t^/^zsax)D30OfS0i^ zsrxi0D3oo/sotS ZSOOOO yX)ISD20 '^^t:OOC3DOlSDlZ, Deputy (Top 3 Inches reserved for recording data) WARRANTY DEED Business Entity to Individual(s) Minnesota Uniform Conveyancing Blanks Form 10.1.7(2016) MS'135eCRV No.: 6ijki/yijeyDEED TAX DUE: mSSSm $1,617.00 FOR VALUABLE CONSIDEFtATION, Lakeshore Development Inc, a Corporation under the laws of Minnesota ("Grantor"), here^ conveys and warrants to Jack T. Lelwica and Ashley G. Lelwica ("Grantee"), as joint toiants, an undivjiied 29.6^; lelioca Jack ^i^y 78 tbldii^, IIC, a Minnesota limited IMulity coipary, an urdiviebd 35.17% interest; (Check only one box) uiT -IJV3IT a- renen no-and leLfl-ca Ashley Byy 78 Ii)ldiiTgp, IIC, a Mimesota limited liability corpany, an undivided 35.1Si interest, real property in Otter Tail County, Minnesota, legally described as follows: Please see attached Exhibit "A" legal description. Date; F/Th Check here if all or part of the described real property is Registered (Torrens) □ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Reservations, declarations, easements, covenants and restrictions of record, if any. COUNTY OF OTTER TAIL STATE OF MINNESOTAffat-r.oo fefegi _DEEDTAXS number ------——^ DATE Page 1 of 2 DtterTail County, Minnesota 1282738 1 of 7 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.1.7 Ch^ applicable box: The Seller certifies that the Seller does not know of any wells on the described real property. □ A well disclosure certificate accompanies this document 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. Grantor Lak II ire D^eldpfnei it Inc LBY:)•Clay C.JMontgomery President/T reasurer State of Min County of _ This instrument was acknowledged before me on President/Treasurer of Lakeshore Development Inc, a Minnesota Corporation on behalf of the Corporation. by Clay C. Montgomery as ©(Signature of notarial officer)ROSEANNE C. MALBERG I (|%^|)notary PUBLIC-MINNESOTA ; My Comm. Exp. Jan. 31Title (and Rank),2025 THIS INSTRUMENT WAS DRAFTED BY: Title Mark, LLC 121 West Main Street, #200 Waconia, MN 55387 TM File No.: 2218834 TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO:Jack T. Lelwica and Ashley G. Lelwica 37011 Blarney Beach Rd Battle Lake, MN 56515 Return To: Title Mark, LLC 121 West Main Street, #200, Waconia, MN 55387 (952)442-7777 DtterTail County, Minnesota 1282738 2 of 7 EXHIBIT "A" PARCELA The West 128.00 feet of Government Lot 2 and the West 128.00 feet of the Southwest Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter Tail County, Minnesota, tying northerty of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is oh file in' the office of the Recorder, said County. Said West 128.00 feet is measured at a right angle to hhd is parallel with the west lines of said Government Lot 2 and said Southwest Quarter of tte Soudieast Quarter. Containing 5.81 acres more or less. Together with ......(attach the entire ingress and egress easement here). PARCELC The East 128.00 feet of the West 384.00 feet of Government Lot 2 and the East 128.00 feet of the West 384.00 feet of the Southwest Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter Tail County, Minnesota, lying northerty of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is on f3e in die office of the Recorder, said County. Said West 384.00 feet b measured at a right angle to and is parallel with die west lines of said Government Lot 2 and said Southwest Quarter of the Southeast Quarter. Said East 128.00 feet is measured at a right angle to and is paraDel with the east lines of said West 384.00 feet Containing 5.79 acres more or less. Subject to and together with......(attach the entire ingress and egress easement here). PARCELE The East 107.50 feet of die West 619 JO feet of Government Lot 2 and the East 107 JO feet of the West 619.50 feet of the Southwest Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter Tail County, Minnesota, tying northerty of MINNESOTA DEPARTMEOT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is on file in the office of the Recorder, said County. Said West 619.50 feet is measured at a right angle to and is parallel with the west lines of said Government Lot 2 and said Southwest Quarter of the Southeast Quarter. Said East 107.50 feet is measured at a right angle to and is parallel with the east lines of said West 619 JO feet (attach the entire ingress and egressContaining 5.02 acres more or less. Subject to and togetiier with easement here). Dtter Tail County, Minnesota 1282738 3 of 7 PARCELG The East 104.40 feet of the West 829.40 feet of Government Lot 2 and the East 104.40 feet of the West 829.40 feet of the Southwest Quarter of die Southeast Quarter, Section 3, Township 133, Range 40, Otter Tail County, Minnesota, lying northerly of MINNESOTA DEPARTMEl^ OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is on file in the office of die Recorder, said County. Said W^ 829.4d fMt is measured at a right angle to and is parallel with the west lines of said Government Lot 2 and said Southwest Quarter of the Southeast Quarter. Said East 104.40 feet is measur^ afa i^t angle to and is parallel widi die east lines of said West 829.40 feet. Containing 5.00 acres more or less. Subject to and together with......(attach the entire ingress and egress easement here). PARCEL1 The East 103.45 feet of the West 1037.00 feet of Government Lot 2 and the East 103.45 feet of the West 1037.00 feet of die Southwest Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter Tail County, Minnesota, lying northerly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said ptot is on tile in the office of the Recorder, said County. Said West 1037.00 feet is measured at a right angle to and is parallel with the west lines of said Government Lot 2 and said Southwest Quarter of the Southeast Quarter. Said East 103.45 feet is measured at a right angle to and is parallel with the east lines of said West 1037.00 feet Containing 5.01 acres more or less. Subject to and togetiier with.....(attach the entire ingress and egress easement here). PARCELK The East 105.00 feet of the West 1247.00 feet of Government Lot 2 and the East 105.00 feet of die West 1247.00 feet of the Southwest Quarter of the Soudieast Quarter, Section 3, Township 133, Range 40, Otter Tail County, Minnesota, lying northerty of MINNESOTA DEPARTMENT OF . TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is on file in the office of the Recorder, said County. Said West 1247.00 feet is measured at a right angle to and is paialle) with the w'cSt lines of said Government Lot 2 and said Southwest Quarter of the SouthirastcQuarter. Said East 105.00 feet is measured at a right angle to and is parallelwith the east lines of said. West 1247.00 feet. Containing 5.20 acres more or less. Subject to and together with......(attach the entire ingress and egress easement here). )tter Tail County, Minnesota 1282738 4 of 7 PARCEL M ;The East 105.00 feet of the West 147.00 feet of Government Lot 1 and the East 105.00 feet of the West 147.00 feet of the Southeast Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter Tafl County, Minnesota, lying northerly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is on file in file ofiBce of the Recorder, said County. Said West 147.00 feet is measured at a right angle to and is parallel with the west lines of said Government Lot 1 and said Southeast Quarter of the Soufiieast Quarter. Said East 105.00 feet is measured at a right angle to and is paralld with file east lines of said West 147.00 feci Containing 5J9 acres more or less. Subject to and together with .MM«(attach the entire ingress and egress easement here). 1 PARCELO I The East 105.00 feet of the West 357.00 feet of Government Lot 1 and the East 105.00 feet of the West 357.00 feet of the Southeast Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter Tail County, Minnesota, lying northerly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is on file in the office of the Recorder, said County. Said West 357.00 feet is measured at a right angle to and is parallel with the west lines of said Government Lot 1 and said Southeast Quarter of the Southeast Quarter. Said East 105.00 feet is measured at a right angle to and b parallel with file east lines of said West 357.00 feet Containing 5.55 acres more or less. Subject to and together with......(attach the entire ingress and egress easement here). i j I PARCELQ The East 105.00 feet of the West 567.00 feet of Government Lot 1 and the East 105,00 feet of the West 567.00 feet of the Southeast Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter Tail County, Minnesota, lying northerly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is on file in the office of the Recorder, said County. Said West 567.00 feet is measured at a r^t angle to and is parallel with the west lines of said Government Lot 1 and said Southeast Quarter of the Soufiieast Quarter. Said East 105.00 feet is measured at a right angle': to and is parallel with the eaist lines of said West 567.00 feet :Cont8iiiing^i63 acres more or^less. Siilijecif to and together with.(attach the entire.ingress and egtesst: easemOTthere)i;;ii'i^v'i^^>/?: ■ Dtter Tail County, Minnesota 1282738 5 of 7 PARCELS The East 105.00 feet of the West 777.00 feet of Government Lot 1 and the East 105.00 feet of the West 777.00 feet of the Southeast Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter Tail County, Minnesota, lying northerly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56*46, said plat is on file in the office of the Recorder, said County. Said West 777.00 feet is measured at a right angle to and is parallel with the west lines of said Government Lot 1 and said Southeast Quarter of file Southeast Quarter. Said East 105.00 feet is measured at a right angle to and is parallel wifii the east lines of said West 777.00 feet. Containing 5.70 acres more or less. Subject to and together wifii......(attach file entire ingress and egress easement here). '."sV*../.'...I.:'.-*. ■PARCELU i05i00 f(Mtdf the West 987.00 feet of Government Lot l and file East lOS^OUfeetof the. West. 987i00 feet of the Southeast Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter tail County, Minnesota, lying northerly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is on file in the office of the Recorder, said County. Said West 987.00 feet is measured at a right angle to and is parallel with the west lines of said Government Lot 1 and said Southeast Quarter of the Southeast Quarter. Said East 105.00 feet is measured at a right angle to and is parallel with the east lines of said West 987.00 feet. r’ •• Containing 5.81 acres more or less. Subject to and together with......(attach the entire ingress and ^ress easement here).I I PARCELW The East 105.00 feet of the West 1197.00 feet of Government Lot 1 and the East 105.00 feet of the West 1197.00 feet of the Southeast Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter Tail County, Minnesota, lying northerly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is on file in the office of the Recorder, said County. Said West 1197.00 feet is measured at a right angle to and is parallel with the west lines of said Government Lot 1 and said Southeast Quarter of the Southeast Quarter. Said East 105.00 feet is measured at a right angle to and is parallel with the east lines of said West 1197.00 feet • ■:. ' . *Containing 5.47 acres more or less. Subject to and together with ...;..(attach the entire ingr^s and egress easement here).. . INGRESS AND EGRESS EASEMENTS An easement for ingress and egress purposes, over, under and across that part of the Soufiieast Quarter of the Southeast Quarter and over, under and across that part of the Southwest Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter Tail County, Minnesota, lying northerly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is on file in the office of file Recorder, said County. Being a strip of land lying 66.00 feet to the left of and adjoining the following described line: Dtter Tail County, Minnesota 1282738 6 of 7 Commencing at the South Quarter comer of said Section 3; thence North 00 degrees 29 minutes 52 seconds West (bearing is based on Otter Tail County coordinates -1996 adjustment) along the west line of said Southwest Quarter of the Southeast Quarter, a distance of 75.00 feet to the northerly line of said MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46; thence North 89 degrees 50 minutes 15 seconds East along said northerly line, a distance of 1811.84 feet to a point of curvature in said northerly line; thence easterly, along said northeriy line, on a tangential curve concave to the north, having a radius of 2216.83 feet and a delta angle of 06 degrees 40 minutes 10 seconds, for an arc distance of258.05 feet to the point of beginning of the line to be described; thence northeasteriy, on a non-tangential curve concave to the southeast, having a radius of 117.00 feet, a delta angle of 15 degrees 35 minutes 50 seconds and a chord bearing of North 30 degrees 09 minutes 28 seconds East, for an arc distance of 31.85 feet; thence Norfli 37 degrees 57 minutes 23 seconds East a distance of 39.66 feet; thence northerly, on a tangential curve concave to the west, having a radius of 233.00 feet and a delta angle of 61 degrees 50 minutes 06 seconds, for an arc distance of251.46 feet; tiience North 23 degrees 52 minutes 43 seconds West a distance of 438.67 feet; tiience North 28 degrees 18 minutes 02 seconds West a distance of422.78 feet; thence northwesterly, on a tangential curve concave to the southwest, having a radius of 233.00 feet and a delta angle of 74 degrees 13 minutes 35 seconds, for an arc distance of301.85 feet; thence South 77 degrees 28 minutes 23 seconds West a distance of484.22 feet; thence westeriy, on a tangential curve concave to the north, having a radius 167.00 feet and a delta angle of 20 degrees 08 minutes 37 seconds, for an arc distance of 58.71 feet; thence North 82 degrees 23 minutes 00 seconds West a distance of 193.84 feet; thence westei^, on a tangential curve concave to the south, having a radius of233.00 feet and a delta angle of 13 degrees 05 minutes 35 seconds, for an arc distance of 53.25 feet; thmce $outh 84 degrees 31 minutes 25 seconds West a distance of 164.74 feet; thence southwesterlytidi!! a tangentiaicurve concave, to the southeast, having a radius of 233.00 feet and a delta angle of 28 degrees 13 minutes 21 seconds, for an arc distance of 114.77 feet; thence South 56 degrees 18 minutes 04 seconds W«t a distance of 167 JO feet; thence southwesterly, on a tangential curve concave to the northwest, having a radius of 167.00 feet and a delta angle of 29 degrees 23 minutes 16 seconds, for an arc distance of85.66 feet; thence South 85 degrees 41 minutes 20 seconds Wi»t h distance of 119.15 feet to. the east line of the West 128.00 feet of said Southwest Quarter of the Southeast Quarter and there termmating. Said West 128.00 feet is measured at a right angle to and is parallei-with said wmt liue-of the Sonthwest Quarter of the Southeast Quarteri At the point of beginning of said ei^ement; the westerly sideline of said easement shall be extended to terminate on said -northerly line of MINNESOTA DEPARTMENT OF. TRANSPORTATION RIGHT OF WAY PLAT NO. 56*46. At the point of termination of said easement, the southerly sideline of said easement shall be extended to terminate on said east line of the West 128.00 feet. AND Being a strip of land lying 66.00 feet to the left of and adjoining the following described line: Begmning at the aforementioned point of beginning; thence easterly, along said northerly line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, on a tangential curve concave to the north, having a radius of2216.83 feet and a delta angle of 11 degrees 30 minutes 10 seconds, for an arc distance of445.06 feet to the east line of the West 1197.00 feet of said Southeast Quarter of the Southeast Quarter and there terminating. Said West 1197.00 feet is measured at a right angle to and is parallel with the west line of said Southeast Quarter of the Southeast Quarter. At the point of termination of said easement, the northerly sideline of said easement shall be extended to terminate on said east line of the West 1197.00 feet. )tterTail County, Minnesota 1282738 7 of 7 1282739 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( y ) filed ( ) not required. Certificate of Reai Estate Value No. ZZ-________. ZeZZ- ^ I / ^ CtterTail County Auditor/Treasurer LYNN R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 09/22/2022 02:00 PM FEE: 46.00 PAGES 7 WELL CERTIFICATE REC'D: N SSScf' T. By: , Deputy ^ Z9CCCO3OO/90OI ZS00OO300fSd0J --------Z^OOOOZOOl^OO^ '2S0000300fSOO-j ’^scoooIodI^/^ (Top 3 Inches reserved for recording data) WARRANTY DEED Business Entity to indjvidual(s) Minnesota Uniform Conveyancing Blanks Form 10.1.7(2016)I \wndeCRV No.: $1,617.00 FOR VALUABLE CONSiDEFtATION, Chesapeake Properties LLC, a Limited Liability Company under the laws of Minnesota ("Grantor"), hereby conveys and warrants to Jack T. Lelwica and Ashley G. Lelwica ("Grantee"), as joint tenants, an undivkkd 29.65/i inter^t; lelwica Jack Hwy 78 tbldiiigs, UC, a Mimesota liikted liability DEED TAX DUE:Date; 1 or both boxes are checked, this conveyance is made to the named(Check only one box) an 35.1^ intecest; and lelwica Ashley Bvy^ LLC, a ^al property in Otter ^!i^^*fity, Minnesota, legally described as follows: ihesota limited liability ccnpany Please see attached Exhibit "A" legal description. Check here if all or part of the described real property Is Registered (Torrens) □ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Reservations, declarations, easements, covenants and restrictions of record, if any. COUNTY OF OTTER TAIL STATE OF MINNESOTA DEEDTAX $ llff YLOO number DATE . aa Page 1 of 2 ! DtterTail County, Minnesota 1282739 1 of 7 I Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10,1.7 Chjfck applicable box: M The Seller certifies that the Seller does not know of any wells on the described real property. □ A well disclosure certificate accompanies this document 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. Grantor Che: a)ke Pk p€ BY:).Clay C. Chief Mafriager/Treasurer State of Miml^ota County of (^_rX\rO^\ 1^- \4' ZZ.-This instrument was acknowledged before me on Manager/Treasurer Chesapeake Properties LLC, a Limited Liability Company on behalf of the Limited Liability Company. by Clay C. Montgomery as Chief I (Signature of notarial officet)-ROSEANNE C. MALBERG ! NOTARY PUBUC-MINNESOTA ■ __ MyComm. Exp. Jan. 31,2025!Title (and Rank)I THIS INSTRUMENT WAS DRAFTED BY; Title Mark, LLC 121 West Main Street, #200 Waconia, MN 55387 TM File No.: 2218834 TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO:Jack T. Lelwica and Ashley G. Lelwica 37011 Blarney Beach Rd Battle Lake, MN 56515 Return To; Title Mark. LLC 121 West Main Street, #200, Waconia, MN 55387 (952)442-7777 : Dtter Tail County, Minnesota 1282739 2 of 7 EXHIBIT "A" PARCELS . The East 128.00 feet of the West 256.00 feet of Government Lot 2 and the East 128.00 feet of die West 256.00 feet of the Southwest Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter Tafl County, Minnesota, iying northerly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56^, said plat is on file in die office of the Recorder, said County. Said West 256.00 feet is measured at a r^t angle to and is parallel with the west lines of said Government Lot 2 and said Sondiwest Quarter of die Southeast Quarter. Said East 128.00 feet is measured at a right angle to and is parallel with the east lines of said West 256.00 feet Containing 5.76 acres more or less. Subject to and togedier with.....(attach the entire ingress and egress easement here). PARCEL D The East 128.00 feet of the West 512.00 feet of Goivemment Lot 2 and the East 128.00 feet of the West 512.00 feet of the Southwest Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter TaU County, Minnesota, lying northerly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56>46, said plat is on file in the office of die Recorder, said County. Said West 512.00 feet is measured at a right an^e to and is parallel with the west lines of said Govemmrat Lot 2 and said Southwest Quarter of the Southeast Quarter. Said East 128.00 feet is measured at a right angle to and is parallel with the east lines of said West 512.00 feet. i€oilitauiih^ 5«86 acres more or leas. Subject to and together with easement here). (attach the entirejBgr^s and egress.•eeeee ■. PARCELF The East 105.50 feet of the West 725.00 feet of Govemmmt Lot 2 and the East 105.50 feet of the West 725.00 feet of the Southwest Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter Tail County, Minnesota, lying northerly of MINNESOTA DEPARTMEI^ OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is on file in the office of the Recorder, said County. Said West 725.00 feet is measured at a ri^t angle to and is parallel with the west lines of said Government Lot 2 and said Southwest Quarter of the Southeast Quarter. Said East 105.50 feet is measured at a ri^t angle to and is paraUel with the east lines of said West 725.00 feet Containing 5.00 acres more or less. Subject to and together with......(attach.the entire ingress and egress easement here). Dtter Tail County, Minnesota 1282739 3 of 7 PARCEL H Tbe Eiistl04.1S feet of the West 933^5 feet of Govenuneat Lot 2 and the-Ef st^l0[4i.l5?feet of the; West 933.55 feet bf the Southwest Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter Tafl County, Minnesota, lying northerly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is on file in the ofBce of the Recorder, said County. Said West 933.55 feet is measured at a right angle to and is parallel with the west lines of said Government Lot 2 and said Southwest Quarter of the Southeast Quarter. Said East 104.15 feet is measured at a right angle to and is parallel with the east lines of said West 933.55 feet. Containing 5.00 acres more or less. Subject to and together with......(attach the entire ingress and egress easementhere). I PARCELJI The East 105.00 feet of the West 1142.00 feet of Government Lot 2 and the East 105.00 feet of the West 1142.00 feet of the Southwest Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter Tail County, Minnesota, lying northerly of MINNESOTA DEPARliVfENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is on file in the office of the Recorder, said County. Said West 1142.00 feet is measured at a right angle to and is parallel with the west lines of said Government Lot 2 and said Southwest Quarter of the Southeast Quarter. Said East 105.00 feet is measured at a right angle to and is paraDel with the east lines of said West 1142.00 feet. Containing 5.14 acres more or less. Subject to and togeflier with......(attych the entire ingress and egress easementhere). I PARCEL L Government Lot 2 and the Southwest Quarter of the Soudieast Quarter, Section 3, Township 133, Range 40, Otter Tail County, Minnesota, lying northerty of MINNESOTA DEPARTMEI^ OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is on file in the office of the Recorder, said County. EXCEPT the West 1247.00 feet of said Government Lot 2 and EXCEPT the West 1247.00 feet of said Southwest Quarter of the Southeast Quarter. Said West 1247.00 feet is measured at a ri^t angle to and is parallel with the west lines of said Government Lot 2 and said Southwest Quarter of the Southeast Quarter. AND The West 42.00 feet of Government Lot 1 and the West 42.00 feet of the Southeast Quarter of the Southeast Quarter, said Section 3, lying northerly of said MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 5646. Said West 42.00 feet is measured at a right angle to and is parallel with the west lines of said Government Lot I and said Southeast Quarter of the Southeast Quarter. All containing 531 acres more or less. Subject to and together with......(attach the entire ingress and egress easement here). DtterTail County, Minnesota 1282739 4 of 7 PARCELN The East 105.00 feet of the West 252.00feet of Government Lot 1 and tibe East 105.00 feet of the West . . 252.00 feet of the Southeast Quarter of the Southeast.Qnartery’Section 3;;Township 133, R^e 40, Otter! TaO Countyy Minnesota, lying-northerly Of MINNESOTA^E^ARTME)^ OF TRANSPORTATION. RIGHT OF WAYFLATNOi:55Ml6j;i:said>;plat ision filefnjtheofnceoftfae Recorder, said County. Said . ; West 252^00 feet is measured afari^t angle toand is^parallel with the west lines of said Government; Lot 1 and said Southeast Quarter of the Southeast Quarter. Said East 105.00 feet is measured at a right angle to and is parallel with die east lines of said West 252.00 feet. Containing 5.49 acres more or less. Subject to and together with......(attach die entire ingress and egress easement here). PARCEL? The East 105.00 feet of the West 462.00 feet of Government Lot 1 and the East 105.00 feet of the West 462.00 feet of the Southeast Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter Tail County, Minnesota, lying northerly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is on file in die ofiice of die Recorder, said County. Said West 462.00 feet is measured at a right angle to and is parallel with the west lines of said Government Lot 1 and said Southeast Quarter of the Southeast Quarter. Said East 105.00 feet is measured at a right angle to and is parallel with the east lines of said West 462.00 feet. Containing 5.62 acres more or less. Subject to and together with......(attach the entire ingress and egress easement here). PARCELR The East 105.00 feet of the West 672.00 feet of Government Lot 1 and the East 105.00 feet of the West 672.00 feet of the Southeast Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter Tafi County, Minnesota, tying northerly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is on file in the office of die Recorder, said County. Said West 672.00 feet is measured at a right angle to and is parallel with the west lines of said Government Lot 1 and said Southeast Quarter of the Southeast Quarter. Said East 105.00 feet is measured at a right angle to and is parallel with the east lines of said West 672.00 feet I Containing 5.66 acres more or less. Subject to and together with......(attach the entire ingress and egress easement here). PARCELT The East 105.00 feet of the West 882.00 feet of Government Lot 1 and the East 105.00 feet of the West 882.00 feet of the Southeut Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter Tail County, Minnesota, lying northerly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is on file in the office of the Recorder, said County. Said West 882.00 fe^t is measured at a right angle to and is parallel with the west lines of said Government Lot 1 aUd said Southeast Quarter of the Southeast Quarter. Said East 105.00 feet is measured ata right Mgie. to and is parallel with the east lines of said West 882.00 feet Containing 5.89 acres more or less. Subject to and together with......(attach the entire ingress and egress easement here). Dtter Tail County, Minnesota 1282739 5 of 7 PARC3ELV The East 105.00 feet of the West 1092.00 feet of Government Lot 1 and the East 105.00 feet of the West 1092.00 feet of the Southeast Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter Tail County, Minnesota, lying northerly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is on file in the office of the Recorder, said County. Said West 1092.00 feet is measured at a right angle to and is parallel with the west lines of said Government Lot 1 and said Southeast Quarter of the Southeast Quarter. Said East 105.00 feet is measured at a rig^t angle to and is parallel with the east lines of said West 1092.00 feet. I Containing 5.71 acres more or less. Subject to and togetiber with......(attach the entire ingress and egress easement here). PARCEL X Government Lot 1 and the Southeast Quarter of the Southeast Quarter, Section 3, Township 133, Range 40, Otter-Tail County, Minnesota^ tying northerty of MINNESOTA DEPARTMENT OF TRAPiSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is on file in the office of the : VRiMorder, siaid County. EXCEPT the West 1197.00 feet of said Government Lot 1 and EXCEIT the West .1197^00 feet-of said Southeast Quarter Of the SoUtheast Quarter* Said Wast 1197.00 feet i$;Measured at a : ; rig^t'angle to and is parallel with the west lines of saidCovemmentLot l^andjSaid SputiieastQuarter of die Soufiieast Quarter. Containing 5.48 acres more or less. Together with......(attach the entire ingress and egress easement here). INGRESS AND EGRESS EASEMENTS An easement for ingress and egress purposes, over, under and across that part of the Soudieast Quarter of die Southeast Quarter and over, under and across that part of the Southwest Quarter of die Southeast Quarter, Section 3, Township 133, Range 40, Otter Tail County, Minnesota,iying northerty of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, said plat is on file in the office of die Recorder, said County. Being a strip of land lying 66.00 feet to the left of and adjoining the following described line: Dtter Tail County, Minnesota 1282739 6 of 7 Commencing at the South Quarter comer of said Section 3; thence North 00 degrees 29 minutes 52 seconds West (bearing is based on Otter Tail County coordinates -1996 adjustment) along the west line of said Southwest Quarter of the SouAeast Quarter, a distance of 75.00 feet to the northerly line of said MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46; thence North 89 degrees 50 minutes 15 seconds East along said northeify line, a distance of 1811.84 feet to a point of curvature in said northerfy line; thence easterly, along said northerly line, on a tangential curve concave to the north, having a radius of2216.83 feet and a delta angle of 06 degrees 40 minutes 10 seconds, for an arc distance of258.05 feet to tiie point of beginning of die line to be described; thence nortteasterly, on a non-tangential curve concave to the soudieast, having a radius of 117.00 feet, a delta angle of 15 degrees 35 minutes 50 seconds and a chord bearing of North 30 degrees 09 minutes 28 seconds East, for an arc distance of 31.85 feet; thence North 37 degrees 57 minutes 23 seconds East a distance of39.66 feet; thence northerly, on a tangential curve concave to the west, having a radius of233.00 feet and a delta angle of 61 degrees 50 minutes 06 seconds, for an arc distance of251.46 feet; thence North 23 degrees 52 minutes 43 seconds West a distance of 438.67 feet; dience North 28 degrees 18 minutes 02 seconds West a distance of422.78 feet; thence northwesterly, on a tangential curve concave to the southwest, having a radius of233.00 feet and a delta angle of 74 degrees 13 minutes 35 seconds, for an arc distance of301.85 feet; thence South 77 degrees 28 minutes 23 seconds West a distance of484.22 feet; thence westerly, on a tangential curve concave to the north, having a radius 167.00 feet and a delta angle of 20 degrees 08 minut^ 37 seconds, for an arc distance of 58.71 feet; thence North 82 degrees 23 minutes 00 seconds West a distance of 193.84 feet; thence westerly, on a tangential curve concave to die south, having a radius, of233.00 feet and a delta angle of 13 degrees 05 minutes 35 seconds, for an arc distance of53.25 f^t;. thmi^. Sputb 84 .degrees 31 minutes 25 seconds West a distance of 164.74 feet; thence sondiwesteriy*ioit a tangentialcnire concave.^ the southeast^ having a radius of233.00 feet and a delta angle of 28 degrees 13 minutes 21 seconds, for an arc distance of 114.77 feet; thence South 56 degrees 18 minutes 04 seconds West a distance of 16730 feet; thence southwestei^, on a tangential curve concave to the nordiwest, having a radius of 167.00 feet and a delta angle of 29 degrees 23 minutes 16 seconds, for an arc distance of85.66 feet; thence South 85 degrees 41 minutes 20 seconds West ^'distance of 119.15 feet tojthe east line of the West 128.00 feet of said Southwest Quarter of the Southeast Quarter and thCi'e •terminating. Said West 128.00 feet is measured ata right angle to and is parallel with said wmtliuepf tho Southwest.Quarter of the Southeast Quarter/At the pomtof b^gihmngOf said ^ement;^t&ewes.terly sideline of said easement shall be extended 'to teriuinate on Said northerly line of MlNNh^OTA DEPARTMENT-OF. TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46. At the point of termination of said easement, the southerly sideline of said easement shall be extended to terminate on said east line of the West 128.00 feet AND Being a strip of land lying 66.00 feet to the left of and adjoining the following described line: Beginning at the aforementioned point of beginning; thence easterly, along said northerly line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 56-46, on a tangential curve concave to the north, having a radius of2216.83 feet and a delta an^e of 11 degrees 30 minutes 10 seconds, for an arc distance of 445.06 feet to the east line of the West 1197.00 feet of said Southeast Quarter of the Southeast Quarter and there terminating. Said West 1197.00 feet is measured at a right angle to and is parallel with the west line of said Southeast Quarter of the Southeast Quarter. At the point of termination of said easement, the northerb^ sideline of said easement shall be extended to terminate on said east line of the West 1197.00 feet. )tter Tail County, Minnesota 1282739 7 of 7 Amy Busko From: Sent: Amy Busko Monday, November 7, 2022 10:51 AM joan@silversagemn.com Conditional Use Permit SPRTLR0222110710221.pdf; Permit Application Process Handout 08-27-2021.docx To: Subject: Attachments: Good morning- Attached is your Conditional Use Permit for your campground. Please be aware that you will now need a structure permit for the additional campsites. Our permit application is online. Here is the link, https://onegov.co.ottertail.mn.us/ If you have not created an account on the OneGov website you will need to do so and follow the directions. I have also attached a little help sheet for you to use if needed. If you have any questions, please feel free to contact me. Thank you and have a great day. Amy Busko Office Manager Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8096 | Office 218-998-8095 ottertailcountymn.us OTTER TAILOOlMTv From: PRTLR02@CO.OTTERTAIL.MN.US <PRTLR02@CO.OTTERTAIL.MN.US> Sent: Monday, November 7, 2022 10:23 AM To: Amy Busko <ABusko@co.ottertail.mn.us> Subject: Scan from OTC Land & Resource 1 Board of Commissioners’ Meeting Minutes October 25, 2022 NOW, THEREFOR BE IT FURTHER RESOLVED, that the Otter Tail County Board of Commissioners hereby authorizes the per parcel service fee to be increased from fourteen and 00/100 dollars ($14.00) to sixteen and 00/100 dollars ($16.00) per point per year, effective January 1,2023. The motion for the adoption of the foregoing resolution was introduced by Commissioner Rogness, duly seconded by Commissioner Mortenson and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 25th day of October 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: November 8, 2022 By: Nicole^Harisen, ClerkBetty Murphy, Board of Commissioners Chair RECESS & RECONVENE At 8:54 a.m.. Chair Murphy declared the meeting of the Otter Tail County Board of Commisltplers recessed for a short break. The Board of Commissioners meeting was reconvened at 9:01 a.m. PLANNING COMl^SiON RECOMMENDATIONS Motion by Mortenson, second by Rogness^nd'‘rrjotion carried with Johnson abstaining to approve the Preliminary Plat “Jana Subdivision”, owned b^Brett anS Janice Stein, consisting of 3 Single Family Non- Riparian Lots, 1 Block, with conditions that existin*^ buildings be legally located, and the septic system areas be staked and fenced off. The proposal is located at 48617 Alder Dr.; Pelican Rapids, MN, Sections 22 &23, Scambler Township; Tamarac Lake (56-931), RD. * Motion by Johnson, second by Mortenson and motion carried, with Bucholz opposed, to approve the Preliminary Plat “Brown Lake Addition”, owned by Joel Dotzenrod and Sharon Dotzenrod, consisting of 6 Non- Riparian Lots and 1 Riparian Lot, 2 Blocks, with the condition that the septic system areas be staked and fenced off. The proposal is located near 34801 County Highway 1, Battle Lake, MN, Section 32 of Amor Township; Brown lake (56-315), NE. Motion by Rogness, second by Mortenson and unanimously carried to approve a 15 unit Planned Unit Development (PUD), owned by Jack and Ashley Lelwica, consisting of 3 units over 1,000 feet from Otter Tail Lake and 12 units within 1,000 feet from Otter Tail Lake. 8 of the units will be for single family use and 2 duplex units (each duplex has 2 units for a total of 4 units). Also included in the proposal is 20 boat-slips and 1 boat- slip for transient use for a total of 21 boat-slips. Motion by Mortenson, second by Rogness and unanimously carried to approve the addition of 23 campsites to campground “Silver Sage Guest Ranch”, owned by Michael and Joan Otto, consisting of 8 units in tier one and 15 units in tier two. The proposal is located at 15380 410th Avenue, Clitherall, MN, Section 6 of Leaf Mountain Township; Unnamed Lake (56-147), NE. Motion by Mortenson, second by Johnson and unanimously carried to approve the amended Preliminary Plat of “Hull Creek Addition”, owned by Studio 78 Investments, Wes and Heidi Hull and Paul & Mary Olinger, consisting of 5 Residential Non-Riparian Lots attached to 5 Non-Residential Riparian Lots 2 Blocks with a decrease in lot size on Lots 1, 3, 4, and 5, Block 2 with no change in buildable area. The proposal is located Page 3 of 16 OTTER TAIL COUNTY - MINNESOTA Otter Tail County, Planning Commission October 12, 2022; Page 2 Dotzenrod Continued David Anderson (Anderson Land Surveying), Joel Dotzenrod (Property Ov\/ner) represented the Preliminary Plat. Anonymous email in opposition was discussed. Travis Hoff spoke (neighbor to the northwest), with concerns about how this development would affect property taxes and property values in the neighborhood. Also raised concerns with the impact on the animals in the area. Tessa Bull (virtual from the Twin Cities on behalf of her parents) spoke, with concerns of lake water quality and that it would create an eyesore. An email was submitted by Matthew Yavarow, Otter Tail County Highway Department indicating they have no comments. An email from Cody Call, Wetland Inspector, Otter Tail County Land & Resource Management indicating the wetland delineation has been reviewed and approved. Motion: A motion by Trites seconded by Wilson to approve the Preliminary Plat as 1 riparian residential lot and 6 non-riparian residential lots with the condition that the septic system areas are staked off. Voting: All Members in favor. Jack & Ashley Lelwica - Approved as Presented: Proposing a 15 Unit Residential PUD. 3 Units will be over 1,000 feet from Otter Tail Lake and 12 Units are within 1,000 feet from Otter Tail Lake, 8 of these Units will be for single family use and 2 duplex units (each duplex has 2 units for a total of 4). Also proposing 20 boat-slips and 1 boat-slip for transient use for a total of 21 boat-slips. The proposal is located West of 26199 State Hwy 78, Battle Lake MN, Section 3 of Everts Township: Otter Tail Lake (56-242) GD. Jack Rosenthal (Boundary Pro), Jack Lelwica (Property Owners) represented the Residential PUD. The audience was polled with no one speaking for or against the application as presented. Email comment from Tina Green received on the day of meeting was read and was in favor of the application. An email from Cody Call, Wetland Inspector, Otter Tail County Land & Resource Management indicating the wetland delineation for the proposal is still in progress as of October 10, 2022. Onsite review has taken place and the delineator is currently working on addendums to the delineation report per the onsite review. It is important to note that the “beach area” is above the OHWL but still meets all 3 criteria to be considered wetland and any future activity in this area will be subject to MN Rule 8420. (Wetland Conservation Act). Tom Frank submitted an email in support of the Conditional Use request indicating there is a need of lakeshore options for buyers. Motion: A motion by Wilson seconded by Fischer to approve the application as presented for a 15 Unit PUD (12 Units within 1,000 feet of Otter Tail Lake and 3 Units over 1,000 feet from Otter Tail Lake). 8 of the Units will be for single family use and 2 Duplex Units (each Duplex has 2 Units for a total of 4 Units) and 21 Boats Slips (20 Boat Slips and 1 transient Boat Slip). Voting: All Members in favor. LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA OTTER TAIL COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Jack & Ashley Lelwica 37011 Blarney Beach Rd Battle Lake MN 56515 APPLICANT: HEARING DATE/LOCATION:October 12, 2022, at 6:30 P.M.** Commissioner's Room Government Services Center 500 West Fir Ave Fergus Falls, MN 56537 CONDITIONAL USE PERMIT APPLICATION REQUEST (as stated by the Applicant on the Application): Proposing a 15 Unit Residential PUD. 3 Units will be over 1,000 feet from Otter Tail Lake and 12 Units are within 1,000 feet from Otter Tail Lake, 8 of these Units will be for single family use and 2 duplex units (each duplex has 2 units for a total of 4). Also proposing 20 boat-slips and 1 boat-slip for transient use for a total of 21 boat-slips LAKE NAME/NUMBER/CLASS: Otter Tail Lake (56-242), General Development (GD) E-911 ADDRESS: None - Loc West of 26199 State Hwy 78, Battle Lake MN 56515 LEGAL DESCRIPTION: Part of GL’s 1 & 2 and that part of SW1/4 of SE1/4, Section 3 of Everts Township ** Weather Conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office, by 4:30 p.m., for possible rescheduling of the Hearing. The applicant and/or applicant’s agent must be present at the public hearing or participate virtually to present the application. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing. Public comments regarding this application expressed by mail or emailed to land@co.ottertail.mn.us must be received by 12:00PM the day before the public hearing date. Members of the public wishing to observe and/or make comments at the public hearing may be present at the public hearing or participate virtually. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095, prior to the hearing. September 28, 2022Rod Boyer Chairman Planning Commission Mailing Date otter Tail County Web Map https://ottertaUcountymn. us/ BLARNEYrXINC^ 0 0.075 I ; I I I I I ! I I i ! i ; Amy Busko Chris LeClair Tuesday, September 20, 2022 3:05 PM Amy Busko FW: Developer Update Meeting From: Sent: To: Subject: From: Aadland, Julie A (DNR) <julie.aadland@state.mn.us> Sent: Friday, September 2, 2022 2:15 PM To: Chris LeClair <cleclair@co.ottertail.mn.us> Cc: surveyor@boundarypromn.com Subject: RE: Developer Update Meeting Hi Chris, Jack Rosenthal's detailed survey depicts current conditions and more accurately locates the Ordinary High Water Level of Otter Tail Lake. Therefore, this is the survey we would use to determine regulatory jurisdictions and the lake boundary. Thanks for asking. Julie Aadland Area Hydrologist | Division of Ecological and Water Resources Minnesota Department of Natural Resources 1509 1*' Avenue North Fergus Falls, MN 56537 Office Phone: 218-671-7939 Fax: 218-739-7601 Main Line: 218-671-7931 Work cell: 218-770-1480 Email: iulie.aadland@state.mn.us DEPARTMENT OF NATURAL RESOURCESrm n □ ^ From: Chris LeClair <cleclair@co.ottertail.mn.us> Sent: Friday, September 2, 2022 1:38 PM To: Aadland, Julie A (DNR) <iulie.aadland@state.mn.us> Cc: survevor@boundarvpromn.com Subject: FW: Developer Update Meeting This message may be from an external email source. 1 I Do not select links or open attachments unless verified. Report all suspicious emails to Minnesota IT Services Security Operations Center. Hi Julie Jack Rosenthal has been doing some preliminary survey work based on a survey by Dave Anderson from 2008 that shows the OHWL on Otter Tail Lake for the 160 acres of undeveloped property is further back than we think. This would change a lot with this particular property if we back up the OHWL to the line shown on Dave's survey and the work Jack has done the last few weeks. Can you take a look and make a determination of the OHWL boundary? Thank you Chris From: survevor(5)boundarvpromn.com <survevor(5)boundarvpromn.com> Sent: Thursday, September 1, 2022 10:22 PM To: Chris LeCiair <cleclair(5)co.ottertail.mn.us> Cc: 'Jack Lelwica' <iack.lelwica(5)gmail.com>: robertmerila@arvig.net Subject: RE: Developer Update Meeting Chris, Here is the map to discuss tomorrow. What we have here is a map with the ALS Survey overlayed, which they showed the OHW along that red line. Green highlights are above OHW however, delineated wetland (from Robert Meriija). Blue is under OHW. The OHW determination affects the jurisdiction of the county relative to the shoreland area. Can we send onto DNR and get clarification for Jack's sake and the counties. Thank you. Boundary PRO Jack Rosenthal, PLS 218.850.0207 BoundaryPROMN.com Survevor@boundarvpromn.com P.O. Box 266 Ottertail, MN 56571 From: Chris LeClair <cleclair@co.ottertail.mn.us> Sent: Thursday, September 1, 2022 9:51 AM To: survevor@boundarypromn.com Cc: 'Jack Lelwica' <iack.lelwica@email.com> Subject: RE: Developer Update Meeting How about 1pm tomorrow 2 From: survevor(®boundarvpromn.com <survevor@boundarvpromn.com> Sent: Thursday, September 1, 2022 9:49 AM To: Chris LeClair <cleclair^co.ottertail.mn.us> Cc: 'Jack Lelwica' <iack.lelwica(S)gmail.com> Subject: RE: Developer Update Meeting Chris, I was thinking something maybe tomorrow? We are working through a few details yet. Thank you. Boundary PRO Jack Rosenthal, PLS 218.850.0207 BoundaryPROMN.com Survevor^boundarypromn.com P.O. Box 266 Ottertail, MN 56571 From: Chris LeClair <cleclairPco.ottertail.mn.us> Sent: Thursday, September 1, 2022 9:48 AM To: surveyor^boundarvpromn.com Cc: 'Jack Lelwica' <iack.lelwica@email.com> Subject: RE: Developer Update Meeting I'm actually free right now. I can send a teams invite From: surveyor^boundarvpromn.com <survevor(5)boundarvpromn.com> Sent: Thursday, September 1, 2022 9:45 AM To: Chris LeClair <cleclair(5)co.ottertail.mn.us> Cc: 'Jack Lelwica' <iack.lelwica(5)gmail.com> Subject: Developer Update Meeting Chris, What is your earliest availability for a quick update on the Otter Tail Lake property we discussed earlier in August? Thank you. Boundary PRO Jack Rosenthal, PLS 218.850.0207 BoundaryPROMN.com Surveyor(aboundarvpromn.com P.O. Box 266 Ottertail, MN 56571 3 > SCOTT ELLINGSON 201 MEADOW CIRCLE ASHBY, MN 56309 SCOTTSSEPTIC@OUTLOOK.COM (L3947) . ervices, LLC 1! TAihb^MN 218-265-1667 _Cvi_ 6 September 18, 2022 To Whom It May Concern: At the request of Boundary Pro, I conducted a field evaluation at the property parcel number 25000030015000/25000030015001/25000030015002/25000030015003/25000030015004/250 00030015005/25000030015006 owned by Lakeshore Development Inc. & Chesapeake Properties LLC. The property is located on Ottertail Lake 56-242 GD & Non-Shoreland, Section 03, Township 133, Range 40 in Everts Township. The purpose of this evaluation was to determine if there are suitable soils on this parcel for construction of onsite septic systems for single family homes should the parcel be divided; the proposal would be 15 single family units as per drawing provided by Boundary Pro. I conducted soil borings on each of the proposed lots to determine the type of soil and the depth to the restricting layer as it pertains to onsite septic systems. The soils on the property are of Loamy Sand topsoil with Medium Sand & Sandy Clay subsoils. Rock Fragmentation is less than 10%. The depth to the restricting layer was anywhere from 20" to 50" on the proposed unit lots. These soils would allow a standard type I septic system to be installed on each lot. An area suitable for two 5-bedroom homes was marked out for each proposed lot as required by Otter Tail County. These areas are not exclusive of the area suitable for a septic system on each lot. They are simply an area that is suitable and not to be disturbed. As with any proposed construction, it is advised to consult a septic system designer before making any final decisions regarding the placement of a dwelling, non-dwelling or a well on the property. If there are any questions regarding this information, please call me at 218-205-1667 or send me an email to scottssepticPoutlook.com. Sincerely, Scott Ellingson Scott's Septic Services, LLC (3947) fL 4S f :;&6 . p4^)i>'vow ^ iSlfMWl it if ^0^o“! \ I\•2 0'c^^% ' I Kf!!SS§)HWa.r-'ACREs'iWtP*®®*^-^ i,(M ;l / :i§/-r-•li""'"--nr"\iG^3 270. M3 5. =. OR JNIT5 (20^ 3.FJ3.55 //5^^ /:cp /..75?lWipi P5Qj l! /1-C-i. i»^pn " -C't"cowc iiiMt-vr "r^'' /1^1 <y-/ i.-tfr s U-TC jSI,-»3BT>/f.>•/rr-2i Q2a)r—^'.iZ'“A,— epny>1,. syH-\,; S \ ■s^- .. I \1 I \\A\ % I ■32C iI *,t1 I I \I 1 1 -TRUNK HIGMWAY-N0r-76 OVERLAY OF RECORDED SURVEY ALL AREAS SHOVVN HEREON AR£ FOR VISUAL REPRESENTATION AND AREAS ARE APPROXIMATE ItniaUMi* Wi'OtuitONsmi ScwAnc T«rATMENT Procram Soil Observation Log Project ID:V 04.02.2019 Client: Le.\uO'iCCX / Address: ^5ooqo3<X)I5ccx:>/oo\ foo^lcxislai'il oe^foo^Location ^^^^|2^)utwash CD Lacustrine CD Lo®ss CD UN CD Alluvium CD Bedrock CD Organic MatterSoil parent material(s): (Check ail that apply) □ summit □ Shoulder ^^Back/SWe Slope □foot Slope □ Toe SlopeLandscape Position: (check one)Slope shape Ll_ Soil survey map units: 31/ / 4Vegetation: WooclS Slope*: J/Elevation: Weather CondItions/TImeof Day: Cloud Date Observation ^/Location: IJlntH" /4 Observation Type: II" Structure'RockDepth (in)Texture Matrix Color(s)Mottle Color(s)Redox Kind(s)Indicator(s)Frag. *ConsistenceShapeGrade iO \j^FrII \v/LS0-1 4.10 3 \o yr %w Pri1-5LS<lo IQ yrIf ^ *1 4)0MS LL lOff ^/j InvJy ^ !o yr .Con /cUpf^3 L5b410L I "Comments I hereby certify that I have completed this work in accordance with ail ap^li^ble ordinances, rules and laws. Scott Ellingson 3947 (Designer/Inspector)(Signatufpp^(Date)(License #) OHWL ^\0-^\0 f f 1 Rd ONSITIi SCWACC Tr n ATMF N T PnocnAM Soil Observation Log Project ID:V 04.02.2019 ^005/00^Client: Le i vO»CCx / ^f^fi^^^-t^5QQ00300l500D/co//(X>JK/oo3f^^Location ISoil parent material(s): (Check all that apply) ^^^Outwash □ Lacustrine □ Lmss □ Till Q Alluvium n Bedredc Q Organic Matter □ summit □ Shoulder ^^^BacWSWe Slope □Foot Slope □Toe Slope Slope shape [_[_Landscape Position: (check one) Vegetation: \^tcxiid Soil survey map units: j /)Slope*:Elevation: Weather Conditions/Time of Day: OLX(^T-14-a.a,PM Date Observation Type: /jlQjlAyUni-TObservation ^/Location: Structure-IIRockDepth (in)Matrix Color(s)Atottle Color(s)Texture Redox Kind(s)Indicator(s)Frag.*ConsistenceGradeShape 1Dm< I w Fr;<io 3li o-(o IS \0\K ^l3 I, I J »-5 WLS. ** I »»(j-lo <10 fv-l 10 y«-LM55GL<10 ID 'iy •yy LSGL3aM3<10 V/Cov)/c/ep%5110 \jm r 3b L46“^U<ic» /oyr ^6“Comments I hereby certify that I have completed this work in accordance with all applicable ordinances, rules and laws. Scott Ellingson 3947 (Designer/Inspector)(Signature) ^(Date)(License ff) Ot<w u -10’-d-'10'- %'f-ft f fU Onsitc. ScwAOC Triiatmcmt PnoonAM Soil Observation Log Project ID:V 04.02.2019 ocS^<^o(o! !'5000/oo^/ooa/003jQd // □ Alluvium □ Bedrock Q Organic Matter ' Client:Location~^cK. Le.lu)ica ^/^^Outwash □ Lacustrine □ Loess Q1111Soil parent mateiial(s): (Check all that apply) □ summit □ Shoulde/)gj|Back/Slde Slope □ Foot Slope □ Toe Slope Slope shape [_(_Landscape Position: (check one) Vegetation: W ood tcl Soil survey map units: 3^ / /I Slope 5H:Elevation: Weather CondItlons/TIme of Day: |(D LX, d Lj Observation ^/Location: Qy'it' Date Observation Type: f\ - $tructure-I IRockDepth (In)Texture AAatiix Color(s) Redox Klnd(s)Atottle Color(s)Indicator(s)Frag. %Shape ConsistenceGrade 10 Y vJ T7;o- (P iS <lo 3 ]0 \|^ % w Tri3IS<10b-il" 10 \|r UuSbM5<10 5/y)0 \jy LAI5U<fo Coy^/clcj)lO ^Si 5^LL<10•'-f30?/oyr ^ Comments 3 Lp I hereby certify that 1 have completed this work in accordance with all applicable ordinances, rules and laws. Scott Ellingson 3947 (Designer/Inspector)(Signature)(Date)(License #) -10'- '] t I Onsiti; ScwAOC THnATMHNT PnocnAM Soil Observation Log Project ID:V 04.02.2019 / Address:{xE> jcO^ □ Alluvium Q Bedrock Q Organic Matter ^ Client: U^W'l'C/X Location Soil parent materlal(s): (Check all that apply) ^^^Ejoutwash □ Lacusrine Q Loess □ "nil □ summit □ ShouWer^^Ettock/Slde Slope □ Foot Slope □ Toe Slope Slope shape LL-Landscape Position: (check one) Soil survey map units: 3Hi ^Vegetation: \{\/ooJed Slope *: •/,Elevation: Weather Conditions/Time of Day: C,(oud DateitObservation Type: (\(Jni4Observation ^/Location: Structure-IIRockDepth (In)Texture Matrix Color(s)AAottle Color(s)Redox Kind(s)Indicator(s)Frag. %ConsistenceShapeGrade IQ yJIS^lo B lO\/< V5 WIS3If 7-11 <10 1(0 \|r ‘tA/LL/^Sn"-J8'.^10 5& In yr SGpS'o3^" A15 L L<10 31lniir^/¥10 vf ^/x (f\L L"4 Al^2G<-lo3^)OMy% 3c?''Comments I hereby certify that I have completed this work in accordance with all applicable ordinanc^es, rules and laws. Scott Ellingson 3947 (Signature) ^(Designcr/lnspector)(Date)(License #) it -p' T yf t y J Onsitc Scv/ACC XnCATMfTNT Phogham Soil Observation Log Project ID:V 04.02.2019 / Address: ^'^cpcO^ QQ jo:>9.loQ3l<y^^ □ Alluvium Q Bedrock □ Organic Matter Client: U\w\CJX Location Outwash Q Lacustrine □ Loess Q TillSoil parent mateiial(s): (Check all that apply) □ Summit □ Shoulder ^SBack/Slde Slope Q Foot Slope □ Toe Slope slope shapeLandscape Position: (check one) y/ccdscl Soil survey map units: 3 ^ | A Slope %: ^ y.Vegetation:Elevation: Cloudiy DateWeather Conditions/Time of Day: (JoiH- ^Observation Type: ^ ^ Srurture Observation ^/Location: I IRockDepth (in)Texture Matrix Color(s)Mottle Color(s)Redox Kind(s)Indicator(s)Frag. *ConsistenceShapeGrade r >5^loy Tvi5^\oL5o-r lo yjy 5»t LS7- la"</o >3 i/'-f I/>1S L. -» if SG<\o joy lOyVg Si LL“+30 <(0 3D"Comments I hereby certify that I have completed this work In accordance with all applicable ordinances, rules and laws. Scott Elllngson 3j^3947 (Designer/Inspector)(Signature)(Date)(License #) y -\{f--0- I \p y f ONi;iT!i SCWAOC TPHATMirNT PpoonAM Soil Observation Log Project ID:V 04.02.2019 Location / M&e%%: 35cCxy:>3C3C>]Socx:^/co\ jco^jJoo^/ 005f<00^aient:'3^<^k^ Le,\wica "I^Outwash Q Lacustrine □ Loess Q Till □ Alluvium Q Bedrock Q Organic MatterSoli parent mateiial(s): (Check all that apply) □ summit □ Shoulder □ Back/Side Slope ^J^oot Slope □ Toe Slope Slope shapeLandscape Position; (check one) Vegetation: \\/oO>d-€£l Soil survey map units: 3 I f\Slope*:Elevation: Weather Conditions/Time of Day: Iql^ U Date Observation ^/Location: (jnrf^ 'p' (y'^ (-1 HT Matrix Color(s) Mottle Color(s) Observation Type: Structure 11RockDepth (in)Texture Redox Klnd(s)Indlcator(s)Frag. *Shape ConsistenceGrade ]Q\j'Fy-iLSo"-F W<16 5 \o Y F.;WIS^-ij’3<10 10 *1^ L56t/ 1/Ldo )0 v^iQyr /Qyr <90'+tHodl3SCL<io Comments I hereby certify that I have completed this work in accordance with all applicable ordinances, rules and laws. Scott Ellingson ^ "IQ3947 (Designer/Inspector)(Signatui (Date)(License #) f -10 4 ONSItf! ScwAcr: TnrATMHNT PnoOHAM Soil Observation Log Project ID:V 04.02.2019 C»ent:-3^K^ (j^\CJX Location / lS<XX>/cO\^COS/coky Q Alluvium n Bedrock Q Organic MatterSoil parent materlal(s): (Check all that apply) ^J^Outwash □ Lacustrine □ Loess □ nil Landscape Position: (check one) ^Q^Summit D Shoulder O Back/SWe Slope Q Foot Slope Q Toe Slope Slope shape \_\__ Vegetation: WotDid Soil survey map units: 3^/ ^Slope *: (2) ^Elevation: Weather CondItlons/TIme of Day: (210 (^t cl Observation Type:Observation ^/Location: [y Vi|1~ CJ” Structure-I IRockDepth (In)Texture AAottle Color(s)AAatrIx Color(s) Redox Klnd(s)Indlcator(s)Frag. *ConsistenceShapeGrade lO i/r fn'wyL56-r 3^\o 10 \l'rL5 iV3 IVi7-11 <lo IQ v<L^5 L" i'll-r^s&^/o L5Cp/ns u^lo (p^jdcp 3(3s-*/ns L Ls&<(0 3b”Comments I hereby certify that I have completed this work In accordance with all applicable ordinances, rules and laws. Scott Etiingson 3947 (Designer/Inspector)(Signature)(License#)(Date) \0I 4-\(f- \ 4" 44 Itrtuun » V.>«>r]i<Onsiti: SCWAOC TwnfttMf-Nt Program Soil Observation Log Project ID:V 04.02.2019 '■^^COOOSCO ^5Cqo/coI /oc»/cx:d>ho^i ~f i , / y 0 Alluvium O Bedrock 0 Organic Matter 'ZJqcX U.1 ^ <ca Location / Address: ^J^Outwash 0 Lacusblne 0 Loess 0 TillSoil parent materlal(s): (Check all that apply) 'Summit 0 Shoulder 0 Back/Side Slope 0 Foot Slope 0 Toe Slope Slope, shapeLandscape Position: (check one) Vegetation:Soil survey map units: A Slope %:Elevation: Weather Condttlons/TIme of Day: q Date Observation ^/Location: (_j n/T ^ Structure' Observation Type: I IRockDepth (In)Texture AAatiix Color(s)Mottle Color(s)Redox K1nd(s)Indlcator(s)Frag. %ConsistenceShapeGrade 10 Y Tv;wLSB410d-b 10 f wLS fvi5■tIO•> \Ip-IO iQlir % Lns L<IO 5Glit I' lo i|T ^/yP)'-35'LnsL<(o (j>y> /6'C^\0\jr^/H )q \H SI"-h L35/ns SG L<)o 35"Comments I hereby certify that I have completed this work in accordance with all applicable ordinances, rules and laws. Scott Ellingson 3947/(Signature)(Designer/Inspector)(License#)(Date) *' •K i 10 :■ ■jjf I ItJ + OnSITIv SCWAOC TnnATMfiNT Prooram Soil Observation Log Project ID:V 04.02.2019 Client: LeluO\Cj2>^'^&0003c0150cx:)/o=> i/co3./oo3 /oo V/ Q Alluvluin □ Bedrock Q Organic Matter Location / Address: '^^Outwash □ Lacustrine □ Loess Q TillSoil parent material(s): (Check all that apply) IS^mmlt^^J^ShouWer □ Back/Side Slope □Foot Slope □ Toe Slope Slope shape L-Landscape Position: (check one) Soil survey map units: 3| /\Vegetation: W(XX^Sloped: 0~3 Elevation: Weather Conditions/Time of Day:Date Observation ^/Location: L Observation Type: icChCAy Structure-RockDepth (in)Texture Matrix Color(s)Atottle Color(s)Redox Klnd(s)Indicator(s)Frag. %ConsistenceShapeGrade lo f vJ3L5•f c>-b ^lo iO \j<fnu '<LS W3<10 IO\/rII(3'=25 LMS L<10 lo 'jv L L5Sf^S <10 Qy</d^10 (/r ■%.S/\C> y/ 5/4/I'r M53^33 L<10 Ltow yy 3(p”Comments 1 hereby certify that I have completed this work in accordance with all applicable ordinances, rules and laws. Scott Ellingson Cf-JQ.^3947 (Designer/Inspector)(Signature)(Date)(License #) +ID I ) I ONStTI! SCWACC Trcatmkwt Prooram Soil Observation Log Project ID:V 04,02.2019 Client; UacK U-ltOl'CA / M<lTei%-^caoca3CX:>l5JOo/c^}/o:^loa3/coc/j 3qS/co&> ~ - r / '• "T / Location Soil parent material(S): (Check all that apply) ^Outwash □lacusWne □loess G™ □ Alluvium □ Bedrock □ Organic Matter Summit □ Shoulder □ Back/SWe Slope Q Foot Slope □ Toe Slope Slope shapeLandscape Position: (check one) Vegetation: Wocdei^/Slope *: O XSoil survey map units: 3 l-|l /A Elevation: Weather Conditions/Time of Day:Date UnH M Observation Type:Observation #/Location: -"Istructure-I IRockDepth (In)Matrix Cotor(s)Atottle Color(s)Texture Redox Klnd(s)Indicator(s)Frag. 515 ConsistenceShapeGrade }Qyr^/p.h/TriiSBo'-e"lo \o i/v vJ6-13''B\S \ I3'3g‘L5G/^5 <10 ID t/^LLP03<10 5 I)0\/r ^/O yr 5/^50"'^fn5 LL<1/0 Comments I hereby certify that I have completed this work in accordance with all applicable ordinances, rules and laws. Scott Etiingson 3947 (Designer/Inspector)(Signature;(Date)(License #) \}f> 'V M. X-10 + I ,t0 \•4- ONSITI; SCWACC TnRATMHNT Program . Soil Observation Log Project ID:V 04.02.2019 Client: 3^;/ UiiOl'Ca c^5 COOP 3oo 15ooo/x> I/cos, joo3/<x> *// ’yos/coiff Q Bedrodt Q Of^anlc Matter Location / Address: Soil parent materlal(s): (Check all that apply) ^^Outwash □ LacuSiine □ Loess □ 1111 Q Alluvium ^Summit □shouWer □ BacWSWe Slope □Foot Slope GToeSope Slope shapeLandscape Position: (check one) Soil survey map units: 3 t/ / ^Vegetation:Slope *: 0 V.Elevation: Weather Condttlons/Ttme of Day: ~-pA\ Observation #/Locat1on: ^ 17 f\/9-Date Observation Type: (7 Structure-I 1RockDepth (In)Texture Matrix Color(s)Mottle Color(s)Redox Klnd(s)Indlcator(s)Frag. %ConsistenceShapeGrade )0 \H BLS Wii w.''O" 1 ■^\o 10 Y i/3 K> fr.3 wi- ih"■^loLS LjV-JS LMS<|0 5G Jo i/<3S’'W'L LSSms<i(5 )6 Vy /O yr t>yr SI LL!o SG H-rComments I hereby certify that I have oimpleted this work in accordance with all applicable ordinances, rules and laws. Scott Ellingson 3947 (Designer/ Inspector)(Signature)(Date)(License #) I^d A 1 1(7^ t Ri<Onsitu Sgwacc Soil Observation Log Project ID;V 04.02.2019 gP50:DCQ?^ooISaoo/oo\/co^ /cQsJoo^ 4?5 □ Alluvium □ Bedrock □ Organic Matter Client:Location / Address: Outwash Q Lacustrine □ Loess Q TillSoil parent material(s): (Check all that apply) S^Summlt □ Shoulder □ Back/SWe Slope Q Foot Slope □ Toe Slope Slope shapeLandscape Position: (check one) Vegetation:Slope %: <5Soil survey map units: j /?Elevation: C\ouJi, -pM Uni+ O Weather Conditions/Time of Day:Date Observation Type:Observation #/Location: Structurei iRockDepth (in)Texture Matrix Color(s)Mottle Color(s)Redox Klnd(s)Indicator(s)Frag. %ConsistenceShapeGrade lOM fy.'13 S^!0 vJd'-b'' \OY vJ\S 3(p’-ii" fO Y< ^ LLAl5n" , "II -3!%^(O IQ yr L3c?L</0 lOi/r %lto(/r5/Y 31 LLSG WComments I hereby certify that I have completed this work in accordance with all^applicable ordinances, rules and laws. Scott Ellingson 3947 ?-/fl -Aa (Designer/Inspector)(Signature)(Date)(License #) F A pr fL«r-y _ 10* r BYLAWS NORWOOD BEACH OWNERS ASSOCIATION, INC. ARTICLE I GENERAL Section 1. Applicability. These Bylaws provide for the self-government of Norwood Beach Owners Association, Inc., in accordance with the Articles of Incorporation and the Declaration of Covenants, Conditions and Restrictions for Common Interest Community Number XX as recorded in the Office of the County Recorder, Otter Tail County, Minnesota. Section 2. Name. The name of the corporation is Norwood Beach Owners Association, Inc., a Minnesota nonprofit corporation. Section 3. Membership. An owner of a Unit shall automatically become a member of the Association upon taking title to the Unit and shall remain a member for the entire period of ownership as may be more fully provided below. A spouse of a member may exercise the powers and privileges of the member. If title to a Unit is held by more than one person, the membership shall be shared in the same proportion as the title, but there shall be only one membership and one vote per Unit. Membership does not include persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the owner’s membership. Membership shall be appurtenant to the Unit to which it appertains and shall be transferred automatically by conveyance of that Unit and may be transferred only in connection with the transfer of title. Section 4. Voting. Each Unit shall be entitled to one vote, which shall be the fraction as assigned in the Declaration, which may be cast by the owner, the owner's spouse, or by a lawful proxy as provided below. When more than one person owns a Unit, the vote for such Unit shall be exercised as they between or among themselves determine, but in no event shall more than one vote be cast with respect to any Unit. In the event of disagreement among such persons and an attempt by two or more of them to cast such vote or votes, such persons shall not be recognized, and such vote or votes shall not be counted. No owner shall be eligible to vote, either in person or by proxy, or be elected to the Board of Directors who is shown on the books or management accounts of the Association to be more than sixty (60) days delinquent in any payment due the Association. Section 5. Maiorit\'. As used in these Bylaws, the term “majority” shall mean those votes as the context may indicate totaling more than fifty (50%) percent of the total number of votes, owners, or other groups. Unless otherwise specifically stated, the words “majority vote” mean more than fifty percent (50%) of those voting in person or by proxy. Unless otherwise provided in the Declaration or these Bylaws, all decisions shall be by majority vote. Section 6. Purpose. The Association shall have the responsibility of administering the Property, establishing the means and methods of collecting the contributions to the common expenses, arranging for the management of the Property and performing all of the other acts that may be required to be performed by the Association by the Declaration. Except as to those matters which either the Declaration or Minnesota Statutes Chapter 317A specifically require to 1 be performed by the vote of the Association, the administration of the foregoing responsibilities shall be performed by the Board of Directors as more particularly set forth below. ARTICLE II DEFINITIONS Section 1. Unless the context otherwise requires, the terms as used in these Bylaws, the Declaration and the Articles of Incorporation shall have the following meanings: “Association” shall mean Norwood Beach Owners Association, Inc., a Minnesota nonprofit corporation, and its successors. “Board” or Board of Directors shall mean the governing body of the Association. “Common Elements” or common areas shall mean that area and property submitted to be part of the Property but not included within the boundaries of a Unit as defined in paragraph two of the Declaration and depicted in the plat for the Declaration. “Declaration” shall mean the Declaration of Covenants, Conditions and Restrictions for Common Interest Community Number XX, as may be amended from time to time. “Mortgage” shall refer to any mortgage, deed to secure debt, deed of trust or other transfer or conveyance for the purpose of securing the performance of an obligation, including but not limited to a transfer or conveyance for such purpose of fee title. “Officer” shall mean those individuals who are elected by the Board to serve as President, Vice President, Secretarj', or Treasurer or such other subordinate offices as the Board may determine necessaiy'. “Owner” shall mean the record titleholder of a Unit within the Property but shall not mean a mortgage holder. “Person” shall mean any individual, corporation, firm, association, partnership, or other legal entity. “Property” shall mean and refer to all the real property subject to and as described in Exhibit A to the Declaration, and all other structures and improvements located thereon now or in the future. “Unit” or “Units” shall mean that portion of the Property intended for individual ownership and use as described in the Declaration. Other terms shall have their natural meaning or the meanings given in the Declaration or the Minnesota Statutes Chapter 317A. 2 ARTICLE III MEETINGS OF MEMBERS Section 1. Annual Meetings. The regular annual meeting of the members shall be held at least once a year, on a day and at an hour set by the Board. Meetings shall be at the Property or other suitable place set by the Board in Otter Tail County, Minnesota. Section 2. Special Meetings. Special meetings of the members for any purpose may be called at any time by the President, the Secretary, or Treasurer, or by request of any two or more members of the Board of Directors, or upon written request of the members who have a right to vote one-third (1/3) of all of the votes of the entire membership. Section 3. Notice of Meetings. It shall be the duty of the Secretary to mail or to cause to be delivered to the Unit Owners a notice of each annual or special meeting of the Association at least twenty-one (21) days prior to each annual or regularly scheduled meeting; and at least seven (7) days prior to each special or any other meeting; stating the purpose of any special meeting as well as the time and place where it is to be held to each Unit Owner of record; if any owner wishes notice to be given at an address other than his or her Unit, the Owner shall have designated by notice in writing to the Secretarj' such other address. The mailing by United States mail of a notice of meeting in the manner provided in this Section shall be considered service of notice. Upon request, any institutional holder of a first mortgage shall be entitled to written notice of all meetings and shall be permitted to designate a representative to attend and observe any such meeting. Section 4. Waiver of Notice. Waiver of notice of meeting of the Owners shall be deemed the equivalent of proper notice. Any Owner, may, in writing, waive notice of any meeting of the Owners, either before or after such meeting. Attendance at a meeting by an Owner, whether in person or by proxy, shall be deemed waiver by such Owner of notice of the time, date, and place thereof unless such owner specifically objects to lack of proper notice at the time the meeting is called to order. Attendance at a special meeting shall also be deemed waiver of notice of all business transacted thereat unless objection to lack of notice is raised before the business, of which proper notice was not given, is put to a vote. Section 5. Quorum. Except as may be provided elsewhere, the presence of Owners entitled to cast a majority of the votes of the Association shall constitute a quorum. Section 6. Adjournment. Any meeting of the Owners may be adjourned from time to time for periods not exceeding forty-eight (48) hours by vote of the Owners holding the majority of the votes represented at such meeting, regardless of whether a quorum is present. Any business which could be transacted properly at the original session of the meeting may be transacted at an adjourned session, and no additional notice of such adjourned session shall be required. Section 7. Proxy. Any member entitled to vote may do so by written proxy duly executed by the member setting forth the meeting at which the proxy is valid. To be valid, a proxy must be filed with the Secretary prior to the opening of the meeting for which it is to be used. Presence in person at the meeting for which a proxy is given shall automatically revoke the proxy. 3 Section 8. Consents. Any action which may be taken by a vote of the Owners may also be taken by written consent signed by all Owners. Section 9. Association Ownership of Unit. No vote in the Assoeiation shall be deemed to inure to any Unit during the time when the owner thereof is the Assoeiation. During such time, the Unit shall not be eounted to determine quorum. ARTICLE IV BOARD OF DIRECTORS Part A. Composition and Selection. Section 1. Composition. The affairs of the Association shall be governed by a Board of Directors. The Board shall be composed of at least one (1) but not more than five (5) persons. The directors shall be Unit Owners or spouses of such Owners; provided, however, that no Unit Owner and his or her spouse may serve on the Board at the same time. The precise number of directors shall be fixed from time to time by resolution of the Board. Section 2. Term of Office. The direetors shall be elected as provided in Section 6 of this Article. The initial terms of the directors shall be staggered on a one, two, and three-year basis. After the initial term of eaeh director, thereafter, directors shall be elected for three-year terms. Section 3. Removal of Members of the Board of Directors. At any regular or special meeting of the Association duly called, any one or more of the members of the Board of Directors may be removed with or without cause by a majority of the members and a successor may then and there be elected to fill the vacancy thus created. Any director whose removal has been proposed by the members shall be given at least ten (10) days' notice of the calling of the meeting and the purpose thereof and shall be given an opportunity to be heard at the meeting. Section 4. Vacancies. Vacancies in the Board of Directors caused by any reason, including the addition of a new director or directors, other than the removal of a director by vote of the Association shall be filled by a vote of the majority of the remaining directors, even though less than a quorum, at any meeting of the Board of Directors for the remainder of the term of the member being replaced until a successor shall be elected at the next annual meeting of the Association to fill the unexpired portion of the term. Section 5. Compensation. Directors shall not be compensated unless and to the extent the members of the Association authorize at any meeting duly called for that purpose. Section 6. Elections. Directors to be elected by the members shall be elected, from among those nominated, by a majority vote at the annual meeting, a quorum being present. Part B. Meetings. Section 7. Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined from time to time by the Board, but such meetings 4 shall be held at least once every six (6) months. The Board shall meet within ten (10) days after each annual meeting of members. Section 8. Special Meetings. Special meetings of the Board of Directors may be called by the President on three (3) days’ notice to each director given by mail, in person or by telephone, which notice shall state the time, place and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President, Secretary or Treasurer in like manner and on like notice on the written request of at least two (2) directors. Section 9. Waiver of Notice. Any director may, at any time, in writing, waive notice of any meeting of the Board of Directors, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a director at any meeting of the Board of Directors shall also constitute a waiver of notice by him or her of the time and place of such meeting. If all directors are present at any meeting of the Board of Directors, no notice shall be required, and any business may be transacted at such meeting. Section 10. Conduct of Meetings. The President shall preside over all meetings of the Board of Directors and the Secretary shall keep a minute book recording therein all resolutions adopted by the Board of Directors and a record of all transactions and proceedings occurring at such meetings. Robert’s Rules of Order (latest edition) shall govern the conduct of the meetings of the Board of Directors when not in conflict with the Declaration or these Bylaws. A majority of directors shall constitute a quorum for the transaction of business. Section 11. Action Without a Meeting. Any action by the Board of Directors required or permitted to be taken at any meeting may be taken without a meeting if all of the members of the Board of Directors shall individually or collectively consent in writing to such action. Such written consent or consents shall be filed with the minutes of the proceedings of the Board of Directors. Part C. Powers and Duties. Section 12. Powers and Duties. (a) The Board of Directors shall manage the affairs of the Association and shall have all the powers and duties necessary for the administration of the Property and may all such acts and things as are not by the Declaration, Articles of Incorporation, or these Bylaws directed to be and exercised exclusively by the members. The Board shall the power to adopt such rules and regulations as it deems necessary and appropriate and to impose sanctions for violations thereof, including without limitation, monetary fines. (b) The Board shall prepare an annual report a copy of which shall be provided to each Unit Owner. The report shall contain, at a minimum, the following: A statement of any capital expenditures in excess of two percent (2%) of the current budget or $5,000.00 whichever is greater, anticipated by the Association during the current year or succeeding two (2) fiscal years; (1) 5 A statement of the balance in of any reserve for replacement fund and any portion of the fund designated for any specified project by the Board of Directors; (2) A copy of the statement of revenues and expenses for the Association for the last fiscal year, and a balance sheet as of the end of said fiscal year; (3) (4)A statement of the status of any pending litigation or judgments to which the Association is a party; A detailed statement of the insurance coverage provided by the Association, including a statement as to which, if any, of the items referred to in Section 515B.3-113, subsection (b) are issued by the Association; and (5) A statement of the total past due assessments by the Association on all Units, current as of not more than sixty (60) days prior to the date of the meeting, identifying the Unit number and the amount of the unpaid assessment. (6) (c) No contract, lease, management contract or employment contract, which is directly or indirectly made by or on behalf of the Association shall be entered into for a period exceeding two (2) years. Section 14. Borrowing. The Board of Directors shall have the power to borrow money for the purpose of repair or restoration of common areas and facilities without the approval of the members of the Association; provided, however, that the Board shall obtain membership approval in the same manner as for special assessments set forth in Article IX, Section 5 of these Bylaws, in the event that the amount of such borrowing exceeds or would exceed $10,000.00 outstanding debt at any one time. ARTICLE V OFFICERS Section!. Designation. The principal officers of the Association shall be the President, Vice President, the Secretary, and the Treasurer, all of whom shall be elected by and from the Board of Directors. The Board of Directors may appoint an Assistant Treasurer, an Assistant Secretary, and such other subordinate officers as in its judgment may be necessary. Such subordinate officers shall not be required to be members of the Board of Directors. Except for the offices of Secretary and Treasurer, which may be held by the same person, no person may hold more than one office. Section 2. Election of Officers. The officers of the Association shall be elected annually by the Board of Directors, at the first meeting of the Board following each annual meeting of the members, and shall hold office at the pleasure of the Board of Directors and until a successor is elected. Section 3. Removal of Officers. Upon the affirmation vote of a majority of the members of the Board of Directors, any officer may be removed, either with or without cause, and a successor may be elected. 6 Section 4. President. The President shall be the chief executive officer of the Association and shall preside at all meetings of the Association and of the Board of Directors. The President shall have all the general powers and duties which are incident to the office of the president of a corporation organized under Minnesota Statutes, Chapter 317A, including but not limited to the power to appoint committees from among the members from time to time as he may in his discretion decide is appropriate to assist in the conduct of the affairs of the Association. Section 5. Vice President. The Vice President shall act in the President’s absence and shall have all powers, duties, and responsibilities provided for the President when so acting. Section 6. Secretary. The Secretary shall keep the minutes of all meetings of the Association and of the Board of Directors and shall have charge of such books and papers as the Board of Directors may direct, and shall, in general, perform all duties incident to the office of the secretary of a corporation organized in accordance with Minnesota law. Section 7. Treasurer. The Treasurer shall have the responsibility for the Association's funds and securities and shall be responsible for keeping full and accurate financial records and books of account showing all receipts and disbursements, for preparing all required financial statements and tax returns, and for the deposit of all monies and other valuable effects in the name of the Association or the managing agent in such depositories as may from time to time be designated by the Board of Directors. The Treasurer shall be responsible for the preparation of the budget as provided below. If the Association employs a management agent the duties may be delegated to the agent. In such case, the duties shall be performed by the Treasurer in conjunction with the management agent. Section 8. Agreements. Contracts, Deeds. Leases, Checks, etc. All agreements, contracts, deeds, leases, checks, and other instruments of the Association shall be executed by at least two (2) officers or by such other person or persons as may be designated by resolution of the Board of Directors. ARTICLE VI LIABILITY AND INDEMNIFICATION OF OFFICERS AND DIRECTORS The Association shall indemnify every officer and director against any and all expenses, including counsel fees, reasonably incurred by or imposed upon such officer or director in connection with any action, suit or other proceeding (including settlement of any such action, suit or proceeding if approved by the then Board of Directors) to which he/she may be made a party by reason of being or having been an offieer or director, whether or not such person is an officer or director at the time such expenses are incurred. The officers and direetors shall not be liable for any mistake of judgment, negligence or otherwise, except for their own individual willful misfeasance or malfeasance. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be members of the Association) and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any 7 other rights to which any officer or director, or former officer or director, may be entitled. The Association shall as a common expense maintain adequate general liability and, if obtainable, officers’ and directors’ liability insurance to fund this obligation and the insurance shall be written as provided in Article VII of these Bylaws. ARTICLE VII INSURANCE It is the intention of these documents that insurance on the Property will be maintained by the Norwood Beach Owners Association, Inc. In order to permit the Association to insure the Property, the following shall apply. Additionally, the following shall supplement where necessary those provisions of the Declaration relating to insurance obtained on the Property if the Norwood Beach Owners Association, Inc., maintains insurance on behalf of the Property and in such case, if deemed necessary by the Board of Directors, the Association. Section 1. Insurance. The Association’s Board of Directors or its duly, authorized agent shall have the authority to obtain insurance for all insurable improvements on the Property against loss or damage by fire or other hazards, including extended coverage, vandalism and malicious mischief, in an amount sufficient to cover the full replacement cost (i.e. 100 percent (100%) of current replacement cost excluding land, foundation, excavation, and other items normally excluded from coverage) of any repair or reconstruction in the event of damage or destruction from any such hazard, and shall also obtain a public liability policy covering all the common area and all damage or injury' caused by the negligence of the Association or any of its agents, which public liability policy shall have at least a $500,000.00 any one person/S 1,000,000.00 limit (per occurrence) as respects bodily injury and a $50,000.00 minimum property damage limit. Premiums for all such insurance shall be common expenses of the Association. The policy may contain a reasonable deductible, and the amount thereof shall be added to the face amount of the policy in determining whether the insurance equals at least the full replacement cost. All insurance coverage obtained by the Board of Directors shall be written in the name of the Board of Directors of the Association as Trustee for each of the Owners. The improvements and betterments made or acquired by the individual Unit Owners shall be excluded from the required casualty or hazard coverage, and each owner shall have the right to obtain additional coverage for such improvements, betterments, or personal property at his or her own expense. The “insurable improvements” as insured by the master policy shall be the buildings and units therein as depicted on the plats and plans filed and recorded in accordance with the Act. Such insurance shall be governed by the provisions hereinafter set forth; All policies shall be written with a company licensed to do business in the State of Minnesota and holding a rating of XI or better in the financial category as established by Best’s Insurance Reports if such company is available and, if not available, the best rating possible or its equivalent rating; (a) All policies shall be for the benefit of the Unit Owners and their mortgagees as their interests may appear; (b) 8 Provision shall be made if reasonably available for the issuance of a certificate of insurance to each owner and his or her mortgagee, if any, which shall specify the amount of such insurance attributable to the particular owner’s Unit; (c) Exclusive authority to adjust losses under policies hereafter in force on the property obtained by the. Association shall be vested in the Association's Board of Directors; provided, however, that no mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto; In no event shall the insurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into contribution with insurance purchased by individual owners or their mortgagees; (d) (e) (f) Each Unit Owner shall notify the Board of Directors of all structural improvements made by the Unit Owner to the Unit; The Association's Board of Directors shall conduct at least once every two years an insurance review which shall include a replacement cost appraisal, without respect to depreciation, of all insurable improvements by one or more qualified persons. Each Unit Owner shall keep all contents located in its Unit properly insured against loss by fire, extended coverage perils, vandalism, and malicious mischief in an amount acceptable to the Board of Directors and shall file a copy of such individual policy or policies with the Board of Directors within thirty (30) days after the purchase of such insurance. Such Owner shall also promptly notify, in writing, the Board of Directors in the event such policy is cancelled. (g) (h) Section 2. No Partition. There shall be no judicial partition of the property or any part thereof, nor shall any person acquiring any interest in the Property or any part thereof seek any such judicial partition until the happening of the conditions set forth in Section 4 of this Article Vll in the case of damage or destruction, or unless the Properties have been removed from the provisions of this Declaration, or, as to Common Elements, the conversion of Common Elements of such is authorized and approved by the Association’s Board of Directors. Section 3. Disbursement of Proceeds. Proceeds of insurance policies shall be disbursed as follows: If the damage or destruction for which the proceeds are paid is to be repaired or reconstructed, the proceeds, or such portion thereof as may be required for such purpose, shall be disbursed in payment of such repairs or reconstruction as hereinafter provided. Any proceeds remaining after defraying such costs of repairs or reconstruction shall be retained by and for the benefit of the Association and placed in a capital improvements account. (a) If it is determined as provided for in paragraph four of this Article that the damage or destruction for which the proceeds are paid shall not be repaired or reconstructed, such shall be common funds of the Association to be used as by the Board of Directors. (b) 9 Section 4. Damage and Destruction. The procedure for repair and reconstruction shall be: Cost Estimates. Immediately after a fire or other casualty causing damage to the Property, the Board of Directors shall obtain reliable and detailed estimates of the cost of repairing and restoring and structures (including any damaged unit) to a condition as good as that existing before such casualty if permitted by appropriate governmental authority. Such costs may also include professional fees and premiums for such bonds as the Board of Directors determines to be necessary. (a) Source and Allocation of Proceeds. If the proceeds of insurance are not sufficient to defray the said estimated costs of reconstruction and repair as determined by the Board of Directors, or if at any time during the reconstruction and repair or upon completion of reconstruction and repair the funds for the payment of the costs thereof are insufficient, assessments shall be made against all of the Unit Owners. (b) Plans and Specifications. Any such reconstruction or repair with the plans shall be substantially in aecordance with the plans and specifications under which the Property was originally constructed. (c) Encroachments. Eneroachments upon Units which may be created as a result of such reconstruction or repair shall not constitute a claim or basis for any proceeding or action by the Unit Owner upon whose property such encroachment exists, provided that such reconstruction was substantially in accordance with the or in favor architectural plans under which the Property was originally constructed. Such encroachments shall be allowed to continue in existence for so long as the reconstructed building shall stand. (d) Construction Fund. The net proceeds of the insurance collected on account of a casualty and the funds collected by the Association from assessments against Unit Owners on account of such casualty shall constitute a construction fund which shall be disbursed in payment of the cost of reconstruction and repair in the manner set forth in this Section. (e) Method of Disbursement. The construction fund shall be paid by the Association in appropriate progress payments to such contractor(s), supplier(s), and personnel performing the work or supplying materials or services for the repair and reconstruction of the buildings as are designated by the Board of Directors. (0 Insurance Deductibles. The amount of the deductible shall be treated as if it were a maintenance expense and shall be paid by the person or persons who would be responsible for such repair in the absence of insurance. If the loss affects more than one Unit or a Unit and the common area, the cost of the deductible may be apportioned equitably by the Board among the parties suffering loss in accordance with the total cost of repair. (g) Any such damage or destruction shall be repaired or reconstructed unless at least a majority of the total vote of the Association and all other parties in interest (h) 10 shall decide within sixty (60) days after the casualty not to repair or reconstruct. If the damage includes damage to one or more insured Units, the written consent of the owner or owners or other parties in interest thereof must be obtained as part of the majority consent. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within said period, then the period shall be extended until such information shall be made available; provided, however, that such extension shall not exceed sixty (60) days. A mortgagee shall have the right to participate in the determination of whether the damage or destruction shall be repaired or reconstructed, as its interest may appear. It is hereby agreed by all owners and other parties in interest that a failure of a majority of the total vote of the Association and all other parties in interest to decide within the time prescribed above after a casualty not to repair or reconstruct, the damage is deemed to be the voluntary making of provision for reconstruction, as provided for in the Act. In the event that it should be determined by the Association in the manner described above that the damage or destruction shall not be repaired or reconstructed, then and so long as the Act so requires the Board of Directors of the Association shall file for record with the county recording officer a notice setting forth such fact and upon the recording of such notice: (i) The property shall be deemed to be owned in common by the Unit(a) Owners; The undivided interest in the property owned in common which shall appertain to each Unit Owner shall be the percentage of undivided interest previously owned by such owner in the common areas and facilities; and Any liens affecting any of the Units shall be deemed to be transferred in accordance with the existing priorities to the percentage of the undivided interest of the Unit Owner in the property as provided herein; and partition at the suit of any Unit Owner, in which event the net proceeds of sale, together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the Unit Owners in a percentage equal to the percentage of undivided interest owned by each owner in the property, after first paying out of the respective shares of the Unit Owners, to the extent sufficient for the purpose, all liens on the undivided interest in the property owned by each owner. (b) (c) Section 5. Additional Insurance. In addition to the insurance required herein the Board shall obtain as a common expense, if not obtained by the Norwood Beach Owners Association, Inc.: Workers’ compensation insurance if and to the extent necessary to meet(a) the requirements of law; 11 Public liability and officers’ and directors’ liability insurance in such amounts as the Board may determine but in no event less than that set out above. Such insurance shall contain a cross liability endorsement; (b) Fidelity bonds covering officers, directors, employees and other persons except the manager or its employees which shall be separately bonded, who handle or are responsible for handling Association funds. Such bond shall be in an amount equal to (1) at least one hundred fifty percent (150%) of the annual operating expenses and the amount in reserve as of the end of each fiscal year of the Association or (2) any lesser amount which conforms with the Federal National Mortgage Association or any other public or private secondary mortgage market entity participating in purchasing a guaranteeing mortgage of Units if the Board of Directors has notice of such participation. Such bond shall contain waivers of any defense based upon the exclusion of persons serving without compensation; and (c) (d) Such other insurance as the Board of Directors may determine to be necessary. ARTICLE VIII MAINTENANCE Section 1. General. It is the intention of these documents that maintenance of the Property will be performed under contract by the Norwood Beach Owners Association, Inc. In order to permit the Association to maintain the property, if necessary, and to prescribe an owner's maintenance responsibilities the following provisions are included herein. Section 2. Responsibilities. By the Owner. Each Unit Owner shall have the obligation to maintain and to keep in good repair all portions of the Unit. (a) By the Association. The Association shall maintain and keep in good repair as a common expense all of the Property not required to be maintained and kept in good order by an owner, except to the extent that insurance required to be maintained or maintained by the Norwood Beach Owners Association, Inc., or the Association covers any damage or loss, the Association shall not be responsible for any maintenance or repair to any Unit. The Association shall be authorized to perform, after notice, any maintenance upon a Unit for which a Unit Owner is responsible and to charge, as provided for assessments herein, the owner with a reasonable charge therefor. (b) Section 3. Rights of Association. With respect to the property owned, and in accordance with the certificate of incorporation and Bylaws of the Association, the Association shall have the right to contract with any person for the performance of various duties and functions. Without limiting the foregoing, this right shall entitle the Association to enter into common management agreements with trusts, cooperatives and other homeowners' or residents' associations, both within and without the property. Such agreements shall require the consent of four-fifths (4/5) of the total votes of all Directors of the Association. 12 ARTICLE IX ASSESSMENTS It is intended that all essential services will be performed or provided for by Norwood Beach Owners Association, Inc. Common expenses should be assessed and collected through that organization. In order to provide a method of establishing and collecting common expenses, the following provisions are included herein, it being understood, that the Norwood Beach Owners Association, Inc., will be administering, levying and collecting assessments. Section I. Purpose of Assessment. The assessments for common expenses provided for herein shall be used for the general purposes of promoting the common benefit and enjoyment of the Unit Owners of the Property as may be more specifically authorized from time to time by the Board. Assessments may be used to compensate officers and directors only if-approved by a majority vote of the Association. Section 2. Creation of the Lien and Personal Obligation of Assessments. Each owner of any Unit by acceptance of a Deed therefor, whether or not it shall be so expressed in such Deed, is deemed to covenant and agree to pay to the Association: (a) 0)annual assessments or charges, and (2)special assessments to be established and collected as hereinafter provided, and specific assessments against any particular Unit which are established pursuant to the terms of these Bylaws. All such assessments, together with late charges, interest, costs, and reasonable attorney fees, in the maximum amount permitted by Minnesota law, shall be a charge on the Unit and shall be a continuing lien upon the Unit against which each assessment is made. Such amounts shall also be the personal obligation of the person who was the owner of such Unit at the time when the assessment fell due. Each owner shall be liable for his or her portion of each assessment coming due while he or she is the owner of a Unit and his or her grantee shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance. Assessments shall be paid in such manner and on such dates as may be fixed by the Board of Directors; unless otherwise provided, the assessments shall be paid in monthly installments. (3) Each owner is allocated a liability for common expenses and utilities in a percentage amount equal to the fraction for the number of Units. (b) Upon written request to the Board by an owner or prospective purchaser, the Board or the duly designated agent shall furnish, within a reasonable time not to exceed ten (10) days, a recordable statement setting forth the amount of unpaid assessments levied against the Unit. The Board may impose a reasonable fee not to (c) 13 exceed $50.00 for each such statement and payment shall be prerequisite to the issuance of any statement. Section 3. Acceleration. If a Unit Owner shall be in default in payment of an installment of an assessment, including but not limited to the monthly installments based on the annual budget, the Board of Directors may accelerate the remaining installments for that year upon 10 days' written notice to such Unit Owner, whereupon the entire unpaid balance of such assessment shall become due upon the date stated in such notice. Section 4. Computation of Operating Budget and Assessments. It shall be the duty of the Board at least thirty (30) days prior to the meeting at which the budget will be presented to prepare a budget covering the estimated costs of operating the Property during the coming year. The Board shall cause the budget and the assessments to be levied against each Unit for the following year to be delivered to each member at least fifteen (15) days prior to the meeting. The budget and the assessments shall become effective unless disapproved at the meeting by a vote of a majority of the total association membership. Notwithstanding the foregoing, however, in the event that the membership disapproves the proposed budget for the succeeding year, then and until such time as a budget shall have been determined as provided herein, the budget in effect for the current year shall continue for the succeeding year. Section 5. Special Assessments. If the assessment proves inadequate for any year, the Board may at any time levy a special assessment against all owners; provided, however, that prior to becoming effective, any special assessment shall be approved by the affirmative vote of more than fifty percent (50%) of those present, in person or by proxy, at a special or annual meeting of the members, notice of which shall specify that purpose. Section 6. Notice of Meetings. Written notice of any meeting called for the purpose of taking any action authorized under Section 4 or Section 5 of this Article IX shall be to all members not less than twenty-one (21) days in advance of the meeting. Upon written request of any institutional holder of a first mortgage, that holder shall be entitled to written notice of any such meeting and shall be permitted to designate a representative to attend and observe the meeting. Section 7. Lien for Assessments. The Association shall have full and complete lien rights as provided or permitted by these Bylaws and the Declaration. ARTICLE X USE RESTRICTIONS AND RULE MAKING Section 1. Authorih' and Enforcements. The Property shall be used only for those uses and purposes set out in the Declaration. The Board of Directors shall have the authority to make and to enforce reasonable rules and regulations governing the conduct, use, and enjoyment of Units and the common elements, provided that copies of all such rules and regulations be furnished to all owners. The Board shall have the power to impose reasonable fines which shall constitute a lien upon the property and to suspend an owner's right to use the common elements and to vote for violation of any duty imposed under the Declaration, these Bylaws or any rules and regulations duly adopted hereunder. 14 Section 2. Procedure. The Board shall not impose a fine, suspend voting, or infringe upon any other rights of a member or other occupant for violation of rules unless and until the following procedure is followed: Demand. Written demand to cease and desist from an alleged violation shall be served upon the alleged violator specifying: (i) the alleged violation; (ii) the action required to abate the violation, and (iii) a time period, not less than ten (10) days, during which the violation may be abated without further sanction, if such violation is a continuing one or a statement that any further violation of the same rule may result in the imposition of sanction after notice and hearing if the violation is not continuing; Notice. Within twelve (12) months of such demand, if the violation continues past the period allowed in the demand for abatement without penalty, or if the same rule is subsequently violated, the Board shall serve the violator with written notice of a hearing to beheld by the Board in session. The notice shall contain: (i) the nature of the alleged violation; (ii) the time and place of the hearing, which time shall be not less than ten (10) days from the giving of the notice; (iii) an invitation to attend the hearing and produce any statement, evidence and witnesses on his or her behalf; and (iv) the proposed sanction to be imposed; (a) (b) Hearing. The hearing shall be held in executive session pursuant to this notice affording the member a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of notice and the invitation to be heard shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice together with a statement of the date and manner of delivery is entered by the officer or director who delivered such notice. The notice requirement shall be deemed satisfied if a violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed. (c) ARTICLE XI MISCELLANEOUS Section 1. Fiscal Year. The initial fiscal year of the Association shall be set by resolution of the Board of Directors. In absence of a formally adopted resolution, the fiscal year shall be the calendar year. Section 2. Parliamentary Rules. Robert’s Rules of Order (current edition) shall govern the conduct of Association proceedings when not in conflict with Minnesota law, the Articles of Incorporation, the Declaration, or these Bylaws. Section 3. Conflicts. If there are conflicts or inconsistencies between the provisions of Minnesota law, the Articles of Incorporation, the Declaration, and these Bylaws, the provisions of Minnesota law, the Declaration and the Articles of Incorporation (in that order) shall prevail. Section 4. Books and Records. The books, records, and papers of the Association shall at all reasonable times be subject to inspection by any member of the Association or any first mortgage holder upon reasonable notice at the normal office of the Association. 15 Section 5. Amendment. These Bylaws may be amended by the members of the Association at any regular or special meeting duly called for that purpose by the affirmative vote of a majority of those present in. person or by proxy but for so long as required by the Act no amendment to these Bylaws shall be valid unless set forth in an amendment to the Declaration. So long as the Declarant owns at least one of the Units, any amendment adversely affecting the Declarant must have its written consent. All amendments must be recorded in the Office of the County Recorder, Otter Tail County, Minnesota, to be valid. CERTIFICATE The foregoing were adopted by resolution as the Bylaws of Norwood Beach Owners Association, Inc., a Minnesota nonprofit corporation, at the first meeting of the initial Board of Directors of the Association as of October ,2022. Jack Lelwica, Its Board Chair 16 RATIFICATION The undersigned, being all of the directors of Norwood Beach Owners Association, Inc., have read the foregoing Bylaws of the corporation, consisting of seventeen (17) typewritten pages, and hereby approve them as to form and substance, and ratify them and declare them to be the Bylaws of the corporation. Dated: October , 2022 , Declarant and Director MWS:jls I 2022-7106.333 17 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CIC NO. XX NORWOOD BEACH Jack T. Lelwica and Ashley G. Lelwica, husband and wife (collectively, the “Declarants”), make this Declaration of Covenants, Conditions and Restrictions of Countryside Estates (the “Declaration”) effective as of , 2022 (the “Effective Date”). RECITALS Declarants are record fee simple owners of certain real property located in Otter Tail County, Minnesota, legally described in the attached Exhibit A (the “Property”). A. Declarants desire to provide for the preservation of values and amenities of the Property and for the maintenance of Common Element and the Lower Common Element, and to this end desire to subject the Property, to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of the Property and each of the Property owners. B. NOW, THEREFORE, the Declarant declares that all of the Property shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE 1 DEFINITIONS Section 1.1 Definitions. The following words when used in this Declaration (collectively, the “Governing Documents”) shall have the following meanings (unless the context clearly indicates otherwise): “Act” means the Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter 515B, as amended from time to time. “Association” shall mean and refer to Norwood Beach Owners Association, Inc., a Minnesota nonprofit corporation, its successors and assigns, and unless otherwise provided, shall mean and include its Board of Directors, officers and other authorized agents. “Board” shall mean the Association’s Board of Directors as provided for in the Bylaws. “Bylaws” shall mean the Bylaws governing the Association’s operation, as amended from time to time. “Capital Improvement” shall mean and refer to any construction of, reconstruction of, substantial alteration of, substantial repair of, or substantial addition to, the physical amenities on or of the Common Element or Lower Common Element, except work performed by governmental bodies. “Common Element” shall mean all real property (including the improvements thereto) owned by the Declarants for the common use, enjoyment and benefit of the Owners and Occupants which is legally described on the attached Exhibit B. “Common Expenses” shall mean and include all expenditures made or liabilities incurred by or on behalf of the Association and incident to its operation including, without limitation, allocations to reserves and those items specifically identified as Common Expenses in this Declaration or the Bylaws. “County” means the County of Otter Tail, Minnesota. “Dwelling” shall mean a building consisting of one or more floors, designed and intended for use and occupancy as either a townhomes or single-family residence, and located within the boundaries of a Unit, affixed to a permanent foundation. The Dwelling includes any garage attached or otherwise located within the boundaries of the Unit on which the Dwelling is located. Unless otherwise expressly permitted herein, for purposes of this Declaration, Dwelling shall not mean a mobile home, trailer, recreational vehicle, camper, motor home, manufactured home, shed/house combination, and/or any other structure not affixed to a permanent foundation. Ranch- style Dwellings shall have a minimum living space on the ground floor area of the primary structure, exclusive of open porches and garages, of not less than 1,200 square feet. Any split foyer style Dwelling constructed on any Unit shall have a minimum living space of 1,100 square feet on the main floor. Dwellings shall contain at least an attached double garage and a maximum of a triple garage. Any variance to the minimum living space area requirements must be approved in writing by the Declarants. “Eligible Mortgagee” means any Person owning a mortgage on any Unit, which mortgage is first in priority to all other mortgages that encumber such Unit, that has requested, in writing, notification from the Declarants and/or the Owners about any proposed action which requires approval by the Eligible Mortgagees. “Governing Documents” shall mean this Declaration, the Bylaws and the Association’s Articles of Incorporation, all as amended from time to time, all of which shall govern the Property’s use and operation. 2 “Government Regulations” means all federal, state, county or municipal laws, rules, ordinances, regulations, directives, orders, agreements, and requirements, including but not limited to, all ordinances and regulations of the County now in force or which may later be in force, any conditional use permits issued regarding the Property, and any Development Agreements which relate to the Property. “Lower Common Element” shall mean all real property (including the improvements thereto) owned by the Declarants for the common use, enjoyment and benefit of the Owners and Occupants of Units F, G, H, I, J, K, and L, which is legally described on the attached Exhibit C. “Member” shall mean and refer to those Persons who are members of the Association by virtue of being Owners as provided in this Declaration. The words “Owner” and “Member” may be used interchangeably in the Governing Documents. “Mortgage” shall mean and refer to any mortgage of record or other security instrument by which a Unit, is encumbered. “Mortgagee” shall mean and refer to any person or organization named as mortgagee under any such Mortgage or any successors with an interest of such person or organization under such Mortgage. “Occupant” shall mean any Person or Persons, other than an Owner, in possession of or residing on a Unit, or members of the family of each Owner or Occupant actually living in the same household with such Owner or Occupant. “Ow'ner” shall mean a Person who owns a Unit, excluding contract for deed vendors, guests, lessees, mortgagees and other secured parties. The term “Owner” includes, without limitation, contract for deed vendees and holders of a life estate. “Person” shall mean a natural individual, corporation, limited liability company, partnership, trust or other legal entity capable of holding title to real property. “Plat” shall mean the recorded plat (whether one or more) of CIC No. XX Norwood Beach, on file and of record in the Otter Tail County Recorder’s Office and any other recorded plat depicting the Property, including any amended or supplemental plats recorded from time to time. “Property” shall mean and refer to the real property described on the attached Exhibit A, and all other structures and improvements located thereon now or in the future. “Residential Use” shall mean the construction and use of private, single family residential Dwellings, outbuildings, sheds, pole barns, garages or other similar type structures or buildings, and not for transient, hotel, commercial, business, or other non-residential purposes, except as otherwise provided in this Declaration. The placement and use of mobile homes, trailers, recreational vehicles, campers, motor homes, manufactured homes, shed/house combination, and/or any other structure not affixed to pennanent foundations are not permitted on the Units. Any outbuildings, sheds, garages, or other similar type structures or buildings constructed or placed on a Unit shall have the same or similar siding and paint scheme as any Dwelling proposed or constructed on such Unit. 3 “Rules and Regulations” shall mean the Association’s rules and regulations as approved from time to time pursuant to this Declaration. “Unit” shall mean and refer to any platted unit subject to this Declaration, as shown on the Plat, including all improvements thereon, but excluding the Common Element and the Lower Common Element identified on the Plat. ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION Units. There are fifteen (15) Units within the Property. Unless otherwiseSection 2.1 stated herein, all Units are restricted exclusively to Residential Use. Each Unit constitutes a separate parcel of real estate. The Unit identifiers and locations of the Units are as shown on the Plat, which is incorporated herein by reference. The Unit identifier for a Unit shall be its unit number. Section 2.2 Unit Boundaries. The front, rear and side boundaries of each Unit shall be the boundary lines of the platted unit as shown on the Plat. The Units shall have no upper or lower boundaries. ARTICLE 3 PROPERTY RIGHTS AND EASEMENTS Owners’ Easements of Enjoyment. Eveiy' Owner shall have a non-Section 3.1 exclusive perpetual right and easement in and to the use and enjoyment of the Common Element, and the Lower Common Element where applicable, subject to any restrictions this Declaration contains or authorizes, subject to the right of the Declarants to dedicate or transfer all or any part of the Common Element and/or the Lower Common Element to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Owners. Exclusive Shoreline Rights. Units A, B, C, D, and E have exclusiveSection 3.2 private rights to their respective shorelines of Otter Tail Lake, except for the two (2) Common Element trails (collectively, the “Common Element Trails”), all as shown on the Plat. No other Owner shall trespass over or across the shorelines owned by Units A, B, C, D, or E. The Owners of Units A, B, C and D shall have a trail on or near the shoreline permitting the Owners of Units A, B, C, and D to pass over and across Units B, C, D, and E to allow those units access to their respective Units. No parking on the trail or blocking the trail and must move actively through trail with no standstill activities allowed. Section 3.3 Common Element Trails. The Common Element Trails are each twelve (12) feet wide shall be clearly marked, are allowed by all to be used and animals are allowed if they are under control as well. (a) The Common Element Trails are intended to be used for passing through an area, and are not for standstill activities. (b) 4 (C)The Owners may, on occasion, ride their horses along the Common Element Trails in accordance with their ownership to Unit L. The horses shall be respectful. Horse waste will be strewn into the woods and cleaned from the trail in a timely manner. (d) Any off-road vehicles weighing over 2,000 lbs. are prohibited from the Common Element Trails. (e)Owners, occupants, or their permittees shall not rut or disturb the Common Element Trails. Utility and Drainage Easements. Subject to this Declaration’s terms, the Common Element and the Lower Common Element will be subject to non-exclusive, appurtenant easements in favor of any public authority or agency, or public or private utility provider, for the installation, maintenance, repair, replacement and operation of municipal water and sanitary' sewer, electrical, natural gas, cable television, telephone, internet, communications and other similar utility lines, including metering devices, conduit, piping and other related facilities, on, under and across the Common Element and the Lower Common Element. The Owners must approve the location, size and type of such utilities or related facilities prior to installation. No structure or other improvement shall be erected or maintained, nor shall any fill or other material be placed in any such easement areas, which may damage or interfere with the installation or maintenance of such utilities, or which may change the direction or impede the flow of water over any drainage easements. Persons exercising these easement rights shall promptly repair any damage caused during the exercise of these rights. Easements for the installation and maintenance of utilities or drainage facilities are reserved on each Unit as shown on the recorded Plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may obstruct or retard the flow of water through drainage channels in the easement. Section 3.4 Section 3.5 easements in favor of applicable governmental authorities upon and across the Units, the Common Element and the Lower Common Element for reasonable access to perform such duties related to law enforcement, fire protection, life safety, health and sanitation as reasonably required from time to time. Public Health and Safet\' Easements. There shall be non-exclusive Section 3.6 the right and an exclusive easement over, on, across and under the Common Element to erect and maintain monuments, entrance and other signs, including all related decorative improvements, landscaping, lighting and light poles, identifying the Property and the Units. Those parts of the Common Element upon which such monument signs or improvements are located shall be subject to appurtenant, exclusive easements in favor of the Declarants for the continuing use, maintenance, repair and replacement of said signs and improvements. In exercising its rights under such easements, the Declarants shall take reasonable care to avoid damaging the improvements to the Common Element. Easement for Monument and Entrance Signs. The Declarants shall have Section 3.7 Recorded Easements. The Property shall be subject to such other easements as may be properly recorded against it or otherwise shown on the Plat. 5 Easements arc Appurtenant. All easements and similar rights burdeningSection 3.8 or benefitting a Unit or any other part of the Property shall be appurtenant thereto, and shall be permanent, subject only to termination in accordance with the terms of the easement or the Governing Documents. Any recorded easement benefitting or burdening the Property shall be construed in a manner consistent with, and not in conflict with, the easements created by this1Declaration.i 1 • • Impairment Prohibited. No Person shall materially restrict or impair anySection 3.9 easement benefitting or burdening the Property; subject to the Declaration and the right of the Declarants to impose reasonable Rules and Regulations governing the use of the Property. i ARTICLE 4 comVion elements Section 4.1 Ownership. The Declarants shall own the Common Element and the Lower Common Element for the benefit of the Property, the Owners, and the Occupants. Section 4.2 Use. Except as otherwise specifically provided for in this Declaration, the Common Element and the Lower Common Element identified within the Plat may be used for only the purposes stated in this Declaration. Maintenance. Subject to this Declaration’s terms and any Government Regulations, the Declarants shall be responsible to maintain, landscape, repair, replace, manage and operate the Common Element and the Lower Common Element, and will utilize Common Expenses for such activities from the Owners pursuant to this Declaration’s terms. Upon the sale and development of all Units, responsibilit)| for the maintenance, landscaping, repair, replacement, management, and operation of the Common Element and the Lower Common Element shall transfer to the Owners. j Section 4.3 ARTICLE 5 VOTING RIGHTS AND ADMINISTRATION Votin£ Rights. The Owners shall have one class of voting membershipSection 5.1 consisting of all Owners, and each Ownerj shall be entitled to one vote for each Unit owned by such Owner. When more than one Person holds an interest in any Unit, all such Persons shall be Owners. The vote for such Unit shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Unit. ! ! Administration. The operation and administration of the Association shall be governed by the Governing Documents. The Association shall, subject to the rights of the Owners set forth in the Governing Documents, be responsible for the operation, management and control of the Common Element. The Association shall have all powers described in the Governing Documents and the Act. All pojwer and authority of the Association shall be vested in the Board, unless action or approval by the individual Owners is specifically required by the Governing Documents. All references to the Association shall mean the Association acting through the Board unless specifically stated to the contrary. Section 5.2 i Section 5.3 Operational Purposes. The Owners shall operate and manage the Property for the purposes of (i) administering and enforcing the covenants, restrictions, easements, charges and liens set forth in the Governing Documents and the Rules and Regulations, and (ii) maintaining, repairing and replacing those portions of the Property for which it is responsible. Section 5.4 Binding Effect of Xctions. All agreements and determinations made by the Owners in accordance with the powers and voting rights established by the Governing Documents shall be binding upon all Owners and Occupants, and their lessees, guests, heirs, personal representatives, successors and assigns, and all secured parties.1 Management. Thej Board may delegate to a manager or managing agent some or all of the duties imposed upon the Association’s officers and directors by the Governing Documents; however, such delegation will not relieve the officers and directors of the ultimate responsibility for the performance of their duties as prescribed by the Governing Documents and by law. j Section 5.5 j ARTICLE 6 COVENANT EOR MAINTENANCE ASSESSMENTS General. The assessments levied by the Owners shall be used to promote the recreation, health, safety and welfare of the residents in the Property and for the improvement and maintenance of the Common Element, the Lower Common Element, the road, boardwalk, dock, Common Element Trails, and otherj areas that the Owners are obligated to maintain. A maintenance plan for each shared item will be scheduled with conservative estimates to the timeframe and cost of these Property improvements. Types and Amounts of Assessments. The Board will determine and levy assessments for Common Expenses again'st the Units in the Board’s discretion, subject to any limitations in the Governing Documents. Assessments for Common Expenses shall include annual assessments and may include special assessments. Assessments for the Lower Common Element shall be determined and levied separate from and in addition to those of the Common Element. Annual assessments shall be payable in monthly installments or at such other time interval as the Board determines, shall cover anticipatedj Common Expenses for that year and may include a separate reserve fund sufficient in the Board’s discretion to cover periodic cost of maintenance, repair and replacement of the Common Element or the Lower Common Element. Assessments shall be allocated equally among the Units,! subject to the following qualifications: Any Common Expenses or a portion thereof benefitting only some of the Units may be assessed only against th*e benefitted Units on the basis of (i) the actual cost incurred for each Unit, (ii) square footage of the area being maintained, repaired or replaced, (iii) equality, or (iv) any other reasonable equitable criteria the Board establishes. ' Section 6.1 Section 6.2 (a) Reasonable attorneys’ fees and other costs the Owners incur in connection with (i) the collection of assessments, and (ii) the enforcement of the Governing Documents, or the Rules and Regulations against an individual Owner or Occupant or their guests, may be assessed against the Owner and the Owner’s Unit and may include late charges, fines and interest. (b) 7 Assessments levied to pay a judgment against the Owners will be levied only against Units existing at the time the judgment was entered in proportion to their Common Expense liabilities. (c) If any damage to the Common Element, the Lower Common Element, or another Unit is caused by the act or omission of an Owner, Occupant, or their guests, including both intentional and negligent actions, the Owners may assess the costs of repairing the damage exclusively against the Owner and the Owner’s Unit If any installment of an assessment becomes more than thirty (30) days past due, the Owners may, upon ten (jl 0) days’ written notice to the Owner, declare the entire amount of the assessments jwith all collection costs, including attorney’s fees, and late charges immediately due and payable in full. (d) (e) 1Special Assessments. In addition to annual assessments, the Owners maySection 6.3 levy special assessments against all Units for the purpose of defraying the costs of the following: (i) any unforeseen or unbudgeted Common Expenses, (ii) any reserves for maintenance, repair or replacement, (iii) the maintenance, repair or replacement of any part of the Common Element or the Lower Common Element, as applicable, and (iv) expenditures of an emergency nature. Special assessments must be approved by a majority of the Owners. Annual assessments under Section 6.2 are not considered special assessments! Section 6.4 assessment is payable with respect to the Unit, shall be personally liable for the share of the Common Expenses assessed against such Unit. Liability will be joint and several for Units with multiple Owners. Liability is absolute and‘ unconditional. No Owner is exempt from liability for payment of the Owner’s share of Common Expenses by right of set-off, by waiver of use or enjoyment of any part of the Property, by absence from or abandonment of the Unit, by waiver of any other rights, or by reason of any claim against the Declarants, any other OwTier, or their respective officers, directors or agents. (The Owners may invoke the charges, sanctions and remedies set forth in the Governing Documents or by law to enforce its rights under this Declaration. Liability of Owners for Assessments.The Owner, at the time an Liabilih^ of Buyers for Assessments. Any outstanding and unpaid lien ofSection 6.5 Owner assessments will remain against the Unit until satisfied. Any seller or buyer shall be entitled to a statement, in recordable form, from! the Owner setting forth the amount of the unpaid assessments against the Unit, which statemjent shall be binding on the Owner and buyer. Section 6.6 Statement of Assessments Ayailable. Upon request, any Owner or buyer will be entitled to a statement stating the amount of any unpaid assessments levied against the Owner’s Unit. ARTICLE 7 MA'INTENANCE Common Element, j The Owners shall be responsible for maintaining the Common Element in a state of good condition and repair, ordinary wear and tear excepted. Section 7.1 8 Lower Common Element. The Owners of Units F, G, H, 1, J, K, and LSection 7.2 shall be responsible for maintaining the Lower Common Element in a state of good condition and repair, ordinary wear and tear excepted. Owner Maintenance. All maintenance, repair or replacement of the Dwellings and Units, including lawn care, shrub and tree maintenance and watering and snow removal from driveways or maintenance of any other elements or improvements within any Unit shall be the sole responsibility and expense of the requisite Owner. Section 7.3 Section 7.4 contrary in this Article 7, if in the Owners’ judgment, the need for maintenance of any part of the Common Element or the Lower Common Element is caused by the willful or negligent act or omission of an Owner or Occupant, or their guests, or by a condition in a Unit which the Owner or Occupant has willfully or negligently allowed to exist, the Owners may cause such damage or condition to be repaired or corrected and may enter the Unit to do so, and the cost thereof may be charged and assessed against the Unit of the Owner responsible for the damage. Such cost shall be a personal obligation of the Owner and a lien against the Owner’s Unit. Damage Caused by Unit Owner. Notwithstanding any provision to the ARTICLE 8 ADDITIONAL RESTRICTIONS ON USE Genera!. The Common Element and all Units shall be owned, conveyed, encumbered, leased, used and occupied subject to the Governing Documents. All covenants, restrictions and obligations set forth in the Governing Documents are in furtherance of a plan for the Property, and shall run with the Property and be a burden and benefit to all Owners and Occupants and to any other Persons acquiring or owning an interest in the Units, their heirs, personal representatives, successors and assigns. Section 8.1 Subdivision Prohibited. No Unit or any Common Element may be subdivided or partitioned, nor may the number of Units or permitted units be increased, without the prior written approval of all Owners and all secured parties holding first mortgages on the Units. Section 8.2 Section 8.3 Residential Use. The Units shall be used by Owners and Occupants and their guests exclusively for Residential Use. The Units shall not be used for hotel, transient (including, but not limited to, leasing Units and Dwellings via VRBO, Airbnb, etc.), commercial, business or other purposes inconsistent with Residential Use, except as provided in this Declaration. Owners must construct a Dwelling on their Unit(s) prior to constructing any accessory building, including, but not limited to, outbuildings or sheds. Any lease of a Unit (except for occupancy by temporary guests with the Owner’s consent) for a period of less than 30 days, or any occupancy which includes services customarily furnished to hotel guests, shall be presumed to be for transient purposes. Changes to the authorized use of Units from residential to nonresidential may not occur without the unanimous written consent of all Owners. Campers Permitted. Campers are allowed as a temporary use on the Property, subject to the following: (a) (i)Campers must be no older than eight (8) years old; 9 (ii)Campers are permitted for temporary use, which shall mean no more than twenty (20) days per calendar year; and (iii) No dumping of any waste allowed other than in an Owner’s privately- owned sewer system. Outbuildings; Storage. Each Unit may contain one (1) outbuilding, which must be constructed in conjunction with or following the construction of a Dwelling on the Unit. Outbuilding shall be no larger than 10 feet by 12 feet. Proposed outbuildings exceeding 120 square feet may not be constructed without the prior consent of the Declarants and/or the Owners. No trucks, commercial type vehicles, or semi-tractors or trailers shall be stored or parked on any Unit or residential street except while engaged in making a deliveiy'. No inoperable vehicle shall remain on a Unit for more than thirty (30) days unless it is stored in an enclosed garage. Section 8.4 Sewer Systems. Private sewage systems shall not be permitted on any Unit.Section 8.5 Sanitary' sewer/water service shall be obtained solely from the City of Battle Lake and must comply with city sewer, water, and sump pump regulations and requirements and use the intended connections for each. Outside toilets are prohibited. Business Use Restricted. No business, trade, occupation or profession ofSection 8.6 any kind, including agricultural use, whether carried on for profit or otherw ise, shall be conducted, maintained or permitted on any Unit, the Common Element, or the Lower Common Element, except: (i) an Owner or Occupant residing on a Unit may maintain an occupation on a Unit and handle matters relating to such occupation by telecommunications or correspondence therefrom, provided that such uses are reasonably incidental to the Residential Use and do not involve externally observable business actixity such as regular deliveries to the unit or visitation by customers or employees, are in compliance with all governmental laws, ordinances and regulations, the occupation takes place in a structure on the Unit, only persons residing on a Unit may be engaged in the occupation and no signs, advertising displays, or bulk mailings are permitted; (ii) the Declarants max maintain offices on the Propert} for management and related purposes so long as Declarants remain an oxvners of at least one Unit; (iii) Oxvners or Occupants max conduct periodic x ard/garage sales in the ordinarx course of Residential Use of a Unit, but permanent and continuous yard sales and those in the nature of retail sales of non-household goods are not alloxved: and (iv) Oxxner or Occupants max operate a child care business out of their Dxxelling. Section 8.7 Animals. No animals, lixestock or poultry of anx kind shall be raised, bred or kept in any Unit: except a combination of two (2) domesticated dogs, cats or other household pets. All applicable ordinances relating to the keeping of domestic animals must also be complied xvith bx Oxvners and Occupants of the flnits. (a) (b) All animals shall be under control (i.e.. on a leash) at all times xvhen outside the Dxxelling. Oxvners or Occupants shall immediately clean all animal xxaste left bx their pets in other Units, the Common Element, the Lower Common Element, or other adjoining properties. 10 Dogs are allowed within the appropriate Unit boundaries owned and allowed by each Owner and on Common Element Trails. In common element locations, dogs shall be contained and controlled in close proximity (within 20 yards) by owners through leash or off-leash electronic communication devices. (c) All dogs must be registered with the Declarant and information is shared within the Association. There is no fee for registration but must be kept up to date in real time on Rabies Distemper/Parvo and Bordetella vaccinations. (d) (e)Dogs must be obedient and well-mannered when on shared common element spaces including trails, roadways, and beach areas. (f)Examples are dog violations include, but are not limited to: (i)A dog that is not located on the allowable space in accordance with its owners’ Property ownership rights; (ii)A dog that is not within twenty (20) yards of its owner on Common Element and/or Lower Common Element shared spaces including trails, roadways, and beach areas; (iii)A dog is within the owners’ 20-yard space but is also within six (6) feet of other people or other dogs without express permission beforehand; (iv)A dog that is making any unapproved contact with another human, dog, or other person’s personal belongings; (V)Excessive chronic barking is not allowed. Excessive chronic barking is defined as barking that continues for more than 60 seconds and occurs more than five (5) times within a 60-minute timeframe; and/or (vi)Dog waste that is not picked up and disposed of in a garbage can. Burial or distribution or broadcasting of animal waste is prohibited. Signs. No sign of any kind shall be displayed to the public view on any Unit, the Common Element or the Lower Common Element, except for (i) signs erected for identification of streets, traffic control and directional purposes; (ii) signs of a temporary nature advertising a Unit for sale; (iii) mailboxes with names and addresses only; (iv) holiday decorations; and (v) monument and entrance signs. Notwithstanding the foregoing, the Declarants may erect and display no more than three (3) professional signs of not more than 8 feet by 16 feet advertising Units for sale in the subdivision during the development period thereof. Section 8.8 Garbage. Trash shall not be kept in a Dwelling or on a Unit except inSection 8.9 sanitary containers. Incinerators (i.e., burning barrels) are prohibited, nor shall fire pits located on any Unit be used to burn trash. No Unit shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste. 11 Section 8.10 Quiet Enjoyment; Interference Prohibited. All Owners and Occupants shall use the Units, Common Element, and Lower Common Element, where applicable, in such a manner as will not cause a nuisance, nor unduly restrict, interfere with or impede the use of the Property or other Owners and Occupants and their guests. No substance, thing, or material may be kept on the Units, Common Element, or Lower Common Element if that material emits foul or obnoxious odors, or will cause any noise that will or might disturb the peace, quiet, comfort, or serenity of neighbors. Section 8.11 Hunting. Hunting anywhere on the Property is prohibited. Section 8.12 Firearm Use. Firearm discharge and archery target shooting is allowed to the extent of the DNR and Law Enforcement laws. Section 8.13 Violation of Statutes. Ordinances and Regulations. No Unit shall be maintained or utilized in such manner as to violate any applicable statute, ordinance or regulation of the United States of America, the State of Minnesota, the County of Otter Tail, or any other governmental agency or subdivision having jurisdiction, or in violation of this Declaration or of any covenants, conditions or restrictions applicable to said Unit. Section 8.14 Hazardous Materials. No hazardous or flammable materials shall be stored on any Unit, the Common Element, or the Lower Common Element, except for reasonable quantities normally used in accordance with Residential Use of any Unit, the Common Element or the Lower Common Element in accordance with applicable law. Section 8.15 Time Shares Prohibited. The time share form of ownership, or any comparable form of lease, occupancy rights or ownership which has the effect of dividing the ownership or occupancy of a Unit or Dwelling into separate time periods, is prohibited. Section 8.16 Fencing. Fences may be installed on Units in accordance with ordinances in effect and governing the Property, and no fence shall be more than five (5) feet in height from normal grade with the exception of deck privacy. Notwithstanding the foregoing, no snow fences or wire chain link fence shall be permitted. Any vegetation removal shall comply with ordinances in effect and governing the Property. No sod, soil, or gravel shall be sold or removed from any Unit except for the purpose of excavating for the construction or alteration of a Dwelling or outbuilding or for the proper grading thereof All unimproved Units must be maintained by the Owner thereof by controlling weeds and grasses in accordance with all relevant ordinances. Section 8.17 Trees and Vegetation. Section 8.18 Construction. All Dwellings must be built to follow applicable governing laws, regulations, ordinances and building codes. Construction on all Units must follow the state of Minnesota applicable prescribed erosion and sedimentation control measures, which require that “all earth changes shall be made in such a manner as to minimize (a) the area of disturbed land exposed and unprotected against the erosive action of wind, rain, and/or the flow of water, and (b) the duration of such exposure.” The provisions within this Declaration shall in no way be construed as diminishing applicable building requirements, now or hereafter in force in the City of Battle Lake, County of Otter Tail, or the State of Minnesota or any other Governmental body with respect to the Property or authorizing a structure to be erected contrary' to the same. From 12 the Effective Date until all Units are developed, all Dwelling plans shall be approved by Declarants prior to the commencement of construction and said approval shall not be unreasonably withheld. Declarants shall have thirty (30) days after receipt of such plans to respond to a written request for approval, and if Declarants fail to respond within said time period, the plans shall be deemed to be approved. All Dwellings constructed on the Units shall be stick built on premises. All Dwellings and outbuildings shall, except for windows and doors, be covered with lapped siding, wood shingles, brick, cement, stone, or grooved v-joined materials for walls. The roof of any Dwelling or outbuilding shall be wood, asphalt, steel, or fiberglass and shall have a minimum pitch of 6/12. Other building and roofing materials as approved by the Federal Housing Authority of the Housing and Urban Development Department of the United States of America, from time to time, shall also be acceptable. No structure shall utilize galvanized siding or roofing. No structure shall be created and left incomplete on the exterior. The exterior of any Dwelling or outbuilding erected upon a Unit shall be completed within twelve (12) months of the commencement of construction. Exteriors shall be of neutral color as to conform with the harmony of the development. Unless waived by the Declarants in writing, a minimum of thirty percent (30%) of the front of each residence shall be faced with brick or other non-artificial surface, cedar or redwood, other natural wood, natural stone, thin cut veneer, or other stone product as approved by the Declarants. The front yard of a Unit (i.e., the portion of the Unit lying between the public street abutting and providing direct access to said Unit and the Dwelling constructed thereon) shall be sodded or seeded within sixty (60) days of substantial completion of the Dwelling, unless the substantial completion occurs between October 1 and May 1 of any year, in which case such sodding or seeding shall be completed by the following July U’. All Units shall contain driveways or parking Units/areas consisting of concrete or asphalt, which shall be installed within fifteen (15) months of the Dwelling construction commencement date. Section 8.19 Event Parking. An Owner is permitted to allow event parking outside of the Owner’s Unit along the roadway for up to 48 hours. Section 8.20 Leasing. Except as expressly prohibited and/or limited in this Declaration, leasing of Dwellings or other structures on Units shall be allowed, provided that all leases shall provide that they are subject to the Governing Documents, and that any failure of the lessee to comply with the terms of such documents shall be a default under the lease. Section 8.21 Rules and Regulations. Subject to this Declaration’s restrictions, the Owners may adopt additional Rules and Regulations regarding the use and enjoyment of the Units and Common Element; providing, no such Rules or Regulations may contradict the express provisions of the Governing Documents. ARTICLE 9 INSURANCE Section 9.1 minimum, a master policy or policies of insurance in accordance with the insurance requirements established from time to time by the Governing Documents and issued by a reputable insurance company or companies authorized to do business in the state of Minnesota, as follows: Required Coverage. The Declarants shall obtain and maintain, at a 13 (a)Property insurance in broad form covering all risks of physical loss in an amount equal to one hundred percent (100%) of the insurable “replacement cost” of the improvements on the Common Element, if any, less deductibles, exclusive of land, footings, excavation and other items normally excluded from coverage. The policy or policies shall cover personal property owned by the Declarants. The policy or policies shall also contain “Inflation Guard” and “Agreed Amount” endorsements, if reasonably available. Such policy or policies shall include such additional endorsements, coverages and limits with respect to the foregoing and other hazards as may be required from time to time by the regulations of the Federal Housing Administration (“FHA”), the U.S. Department of Veterans’ Affairs (“VA”) or the Federal National Mortgage Association (“FNMA”) as a precondition to their insuring, purchasing or financing a mortgage on a Unit. The Declarants may also enter into binding written agreements with a mortgagee, insurer or servicer, including without limitation the PTA, VA or FNMA, obligating the Declarants to keep certain specified coverages or endorsements in effect. Comprehensive public liability insurance covering the use, operation and maintenance of the Common Element, in an amount deemed sufficient in the Declarants’ judgment, insuring the Declarants and their respective employees, agents and all persons acting as agents, against claims for death, bodily injury and property damage, and such other risks as are customarily covered by such policies for projects similar in construction, location and use to the Property. The policy shall contain a “severability of interesf’ endorsement which shall preclude the insurer from denying the claim of an Owner or Occupant because of negligent acts of the Declarants or other Owners or Occupants. The policy shall include such additional endorsements, coverages and limits with respect to such hazards as may be required by the regulations of the FHA, VA or FNMA as a precondition to their insuring, purchasing or financing a mortgage on a Unit (b) (c)Such other insurance as the Declarants may determine from time to time to be in the best interests of the Declarants. Section 9.2 Premiums, Improvements and Deductibles. All insurance premiums shall be assessed and paid as an annual Assessment, and allocated among the Units as detemiined by the Declarants. Section 9.3 Loss Payee, Insurance Trustee. All insurance coverage maintained by the Declarants shall be written in the name of, and the proceeds thereof shall be payable to, the Declarants (or a qualified insurance trustee selected by it) as trustee for the benefit of the Owners and secured parties, including Eligible Mortgagees, which suffer loss. The Declarants, or any insurance trustee selected by them, shall have exclusive authority to negotiate, settle and collect upon any claims or losses under any insurance policy maintained by the Declarants. Section 9.4 Required Policy Provisions. All policies of property insurance carried by the Declarants shall provide that: 14 Each Owner and secured party is an insured Person under the policy with respect to liability arising out of the Owner’s interest in the Common Element. (a) The insurer waives its right to subrogation under the policy against any Owner or member of the Owner’s household and against the Declarants (b) No act or omission by any Owner or secured party unless acting within the scope of authority on behalf of the Declarants, shall void the policy or be a condition to recovery under the policy. (c) If at the time of a loss under the policy there is other insurance in the name of an Owner covering the same property covered by the policy, the Owner’s policy is primary insurance. (d) Cancellation: Notice of Loss. All policies of property insurance and comprehensive liability insurance maintained by the Declarants shall provide that the policies shall not be canceled or substantially modified, for any reason, without at least thirty (30) days’ prior written notice to the FHA, VA or FNMA (if applicable), all of the insureds and all Eligible Mortgagees. Section 9.5 Section 9.6 Restoration in Lieu of Cash Settlement. All policies of property insurance maintained by the Declarants shall provide that, despite any provisions giving the insurer the right to elect to restore damage in lieu of a cash set demand, such option shall not be exercisable (i) without the prior written approval of the Declarants (or any Insurance Trustee) or (ii) when in conflict with provisions of any insurance trust agreement to which the Declarants may be a party, or any requirement of law. Section 9.7 maintained by the Declarants shall provide that the coverage shall not be voided by or conditioned upon (i) any act or omission of an Owner or Eligible Mortgagee, unless acting within the scope of authority on behalf of the Declarants, or (ii) any failure of the Declarants to comply with any warranty or condition regarding any portion of the Property over which the Declarants have no control. Effect of Acts Not Within Declarants’ Control. All policies of insurance Section 9.8 insurance coverage at his or her own expense covering fire and other casualty to the Unit, personal property or personal liability. All insurance policies maintained by Owners shall provide that they are without contribution as against the insurance purchased by the Declarants. DECLARANTS’ INSURANCE SHALL COVER OWNER’S UNITS, DWELLINGS OR PERSONAL PROPERTY AND OWNERS SHOULD OBTAIN THEIR OWN INSURANCE COVERING SUCH PROPERTY. Owner’s Personal Insurance. Each Owner may obtain additional personal THE ARTICLE 10 RIGHTS OF MORTGAGEES Section 10.1 No Suspension of Rights. Any voting rights, which are suspended as to any Owner and that Owner’s family members, tenants and guests shall not be suspended as to any mortgagee or other person who becomes an Owner by virtue of mortgage foreclosure or by any 15 transfer of title in lieu of foreclosure because of any default or failure of the prior Owner, provided any fee due and owing is paid. Section 10.2 Notice of Defaults. The holder of a first mortgage of record on any Unit, upon written request given by the holder of such mortgage to the Owners, shall be given written notice by the Declarants or Owners, as applicable, of all then defaults of the Owner of the Unit upon which such mortgage is a lien in fulfilling Owner’s obligations under the Declaration, but the Declarants and/or Owners shall hale the right to enforce all claims against such Owner for all defaults of such Owner whether or not set out in said notice. ARTICLE 11 COMPLIANCE AND REMEDIES Each Owner and Occupant, arid any other Person owning or acquiring any interest in a Unit, shall be governed by the Governing Documents, the Rules and Regulations, the decisions of the Declarants, and such amendments thereto as may be made from time to time, as applicable. A failure to comply shall entitle the aforementioned parties to the relief set forth in this Section, in addition to the rights and remedies authorized elsewhere by the Governing Documents. Section 11.1 Entitlement to Relief. The Declarants and/or the Owners may commence legal action to recover sums due, for damages, for injunctive relief or to foreclose a lien owned by it, or any combination thereof, or an action for any other relief authorized by the Governing Documents or available at law or in equity. Legal relief may be sought by the Declarants and/or the Owners against any Owner to enforce compliance with the Governing Documents and/or the Rules and Regulations. However, no Owner may withhold any assessments payable to the Declarants, or take (or omit) other action in violation of the Governing Documents, the Rules and Regulations, as a measure to enforce such Owner’s position, or for any other reason. Section 11.2 Sanctions and Remedies. In addition to any other remedies or sanctions, expressed or implied, administrative orjlegal, the Declarants and/or any Owner or Occupant of any other Unit within the Property shall be jentitled to prosecute any such breach or violation at law or in equity to seek an injunction preventing such breach or violation or to recover damages for such breach or violation, or both. In any event, the Owner or Occupant seeking to abate the breach or violation shall be entitled to recover attorneys’ fees, costs, and disbursements from the violating party. Section 11.3 Lien for Charges, Penalties, Etc. Any assessments, charges, fines, penalties or interest imposed under this Section shall be a lien against the Unit of the Owner or Occupant against whom the same are imposed and the personal obligation of such Owner in the same manner and with the same priority and effect as assessments under Article 6. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be deemed a waiver of the right to pursue any others: Section 11.4 Liabilit\' for Owners’ and Occupants’ Acts. An Owner shall be liable for the expense of any maintenanee, repair |or replacement of the Property rendered necessarj' by such Owner’s acts or omissions, or by that of Occupants or guests in the Owner’s Unit, to the extent that such expense is not covered by the proceeds of insurance carried by the Declarants or such Owner or Occupant. However, any insurance deductible amount and/or increase in insurance 16 rates, resulting from the Owner’s acts or omissions may be assessed against the Owner responsible for the condition and against his or her Unit. ARTICLE 12 GENERAL PROVISIONS Section 12.1 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 12.2 Gender and Number. Wherever the context of this Declaration so requires, words used in the masculine gender shall include the feminine and neuter genders; words used in the neuter gender shall include the masculine and feminine genders; words in the singular shall include the plural; and words in the plural shall include the singular. Section 12.3 Captions and Titles. All captions, titles or headings in this Declaration are solely for the purpose of convenience of reference and shall not be deemed to limit, modify or otherwise affect any of the provisions hereof or be used in determining the intent or context thereof Section 12.4 Notices. Unless provided otherwise in the Governing Documents, all notices required to be given by or to the Association, the Board, the Association’s officers or the Owners or Occupants shall be in writing and shall be effective upon hand deliver)', or upon mailing if properly addressed with postage prepaid and deposited in the United States mail. Section 12.5 Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may only be amended by an instrument signed by owners of at least eighty percent (80%) of the Units within the Property. Any amendment must be recorded with the Office of the Otter Tail County Recorder. Section 12.6 Bindin£ Effect. Each Owner, upon becoming an Owner, shall be bound by and be deemed to have agreed to, the terms and provisions of the Declaration and all other Governing Documents, each as may be amended from time to time. [Remainder of page inlenlionally left blank. Signature page to foUoM’.] 17 IN WITNESS WHEREOF, the undersigned have executed this Declaration to be effective as of the Effective Date. Jack T. Lelwica STATE OF MINNESOTA ) ) ss. COUNTY OF ) On , 2022, before me, a Notary Public within and for said County, personally appeared Jack T. Lelwica, married to Ashley G. Lelwica. Notary Public Ashley G. Lelwica STATE OF MINNESOTA ) ) ss. COUNTY OF ) On , 2022, before me, a Notary Public within and for said County, personally appeared Jack T. Lelwica, married to Ashley G. Lelwica. Notary Public This instrument was drafted by: Marc W. Sugden PEMBERTON LAW, P.L.L.P. 203 22nd Avenue West | Alexandria, MN 56308 Telephone: 320-759-3143 pemlaw.com M\VS:jls I 2022-7106.333 S-1 EXHIBIT A PROPERTY DESCRIPTION That part of Government Lots 1 and 2 and the Southwest Quarter ofihe Southeast Quarter, Section 3, Township 133 North, Range 40 West, Otter Tail County, Minnesota, which lies to the North and West of the following described line: Commencing at the south quarter of said Section 3; thence North 00 degrees 29 minutes 52 seconds West along the north-south quarter line of said Section 3, a distance of 832.38 feet to the point of beginning of the line to be described; thence North 89 degrees 31 minutes 01 seconds East, a distance of 404.54 feet; thence North 10 degrees 50 minutes 45 seconds West, a distance 207.77 feet; thence 57.77 feet northeasterly, along a tangential curve, concave southeasterly, having a radius of 4^00 feet, and a central angle of 78 degrees 48 minutes 48 seconds (chord bearing North 28 degrees 33 minutes 39 seconds East, chprd distance 53.32 feet); thence North 67 degrees 58 minutes 03 seconds East, a distance of 177.21 feet; thence 176.48 feet northeasterly, along a curve not tangent with afprementioned line, concave northwesterly, having a radius of 60.00 feet, and a central angle of 168 degrees 31 minutes 17 seconds (chord bearing North 67 degrees 58 minutes 03 seconds East, chord distance 119.40 feet); thence North 67 degrees 58 minutes 03 seconds East, a distance of 98.34 feet: thence North 00 degrees 29 minutes 52 seconds West, a distance of 348.24 feet; thence North 89 degrees 31 minutes 32 seconds East, a distance of 85.00 feet; thence North 00 degrees 29 minutes 52 seconds West, a distance of 334.50 feet; thence North 79 degrees 25 minutes 20 seconds East, a distance of 766;84 feet; thence North 00 degrees 29 minutes 52 seconds West, a distance of 318 feet, more or less, to the shoreline of Otter Tail Lake,-and there terminating. SUBJECT TO easements, restrictions, and reservations of record, if any. TOGETHER WITH A 66.00foot wide easement for ingress, egress and utility purposes, over, under and across that part of Government Lots 1 and 2 and the Southwest Quarter of the Southeast Quarter, Section 3, Township 133 North, Range 40 West, Otter Tail County, Minnesota, which lies to West 66.00 feet as measured perpendicular to and parallel with the following described line: Commencing at the south quarter of said Section 3; thence North 00 degrees 29 minutes 52 seconds West along the north-south quarter line of said Sections, a distance of 832.38 feet; thence North 89 degrees 31 minutes 01 seconds East, a distance of 404.54 feet to the point of beginning of the line to be described; thence South 10 degrees 50 minutes 45 seconds East, a distance of 50.23 feet; thence 23.31 feet southeasterly, along a tangential curve, concave northeasteasterly, having a radius of 117.00 feet, and a central angle of 11 degrees 25 minutes 01 seconds (chord bearing South 16 degrees 33 minutes 15 seconds East, chord distance 23.28 feet); thence South 22 degrees 15 minutes 46 seconds East, a distance of 271.24 feel; thence 63.65 feet southeasterly, along a tangential curve, concave southwesterly, having a radius 183.00 feet, and.a central angle of 19 degrees 55 minutes 46 seconds (chord bearing South 12 degrees 17 minutes 52 seconds East, chord distance 63.33 feet); thence South 02.degrees 19 minutes 59 seconds East, a distance of 223.72 feet; thence 35.78 feet southeasterly, along a tangential curve, concave northeasterly, having a radius of 117.00 feet, and a central angle of 17 degrees 31 minutes 25 seconds (chord bearing South 11 degrees 05 minutes 42 seconds East, chord distance 35:64 feet); thence 35.78 feet southeasterly, along a reverse curve, concave southwesterly, having a radius of 117.00 feet, and a central angle of 17 degrees 31 minutes 25 seconds (chord bearing South 11 degrees 05 minutes 42 seconds East, chord distance 35.64 feet); thence South 00 degrees 09 rhinutes 45 seconds East, a distance of 54.93 feet to the north right of way line of State Trunk Highway Number 78, and there terminating. The sidelines of said easement shall be prolonged or shortened to terminate on the intersection of a line bearing South 89 degrees 31 minutes 01 seconds West from said point of beginning as the northerly termination and said north right of way line as the southerly termination. Exhibit A EXHIBIT B COMMON ELEMENT DESCRIPTION <to be added> Exhibit B EXHIBIT C LOWER COMMON ELEMENT DESCRIPTION <to be added> Exhibit C Amy Busko Chris LeClair Tuesday, September 20, 2022 3:05 PM Amy Busko FW: Developer Update Meeting From: Sent: To: Subject: From: Aadland, Julie A (DNR) <julie.aadland@state.mn.us> Sent: Friday, September 2, 2022 2:15 PM To: Chris LeClair <cleclair@co.ottertail.mn.us> Cc: surveyor@boundarypromn.com Subject: RE: Developer Update Meeting Hi Chris, Jack Rosenthal's detailed survey depicts current conditions and more accurately locates the Ordinary High Water Level of Otter Tail Lake. Therefore, this is the survey we would use to determine regulatory jurisdictions and the lake boundary. Thanks for asking. Julie Aadland Area Hydrologist | Division of Ecological and Water Resources Minnesota Department of Natural Resources 1509 1** Avenue North Fergus Falls, MN 56537 Office Phone: 218-671-7939 Fax; 218-739-7601 Main Line: 218-671-7931 Work cell; 218-770-1480 Email: iulie.aadland@state.mn.us rm DEPARTMENT OF NATURAL RESOURCES n □ 1^ From: Chris LeClair <cleclair@co.ottertail.mn.us> Sent: Friday, September 2, 2022 1:38 PM To: Aadland, Julie A (DNR) <julie.aadland@state.mn.us> Cc: survevor@boundarvpromn.com Subject: FW: Developer Update Meeting This message may be from an external email source. 1 I Do not select links or open attachments unless verified. Report all suspicious emails to Minnesota IT Services Security Operations Center. Hi Julie Jack Rosenthal has been doing some preliminary survey work based on a survey by Dave Anderson from 2008 that shows the OHWL on Otter Tail Lake for the 160 acres of undeveloped property is further back than we think. This would change a lot with this particular property if we back up the OHWL to the line shown on Dave's survey and the work Jack has done the last few weeks. Can you take a look and make a determination of the OHWL boundary? Thank you Chris From: survevor@boundarvpromn.com <survevor@boundarvpromn.com> Sent: Thursday, September 1, 2022 10:22 PM To: Chris LeClair <cleclair@co.ottertail.mn.us> Cc: 'Jack Lelwica' <iack.lelwica(S)gmail.com>; robertmerila(S)arvig.net Subject: RE: Developer Update Meeting Chris, Here is the map to discuss tomorrow. What we have here is a map with the ALS Survey overlayed, which they showed the OHW along that red line. Green highlights are above OHW however, delineated wetland (from Robert Meriija). Blue is under OHW. The OHW determination affects the Jurisdiction of the county relative to the shoreland area. Can we send onto DNR and get clarification for Jack's sake and the counties. Thank you. Boundary PRO Jack Rosenthal, PLS 218.850.0207 BoundaryPROMN.com Survevor(5) boundarvpromn.com P.O. Box 266 Ottertail, MN 56571 From; Chris LeClair <cleclair(S)co.ottertail.mn.us> Sent: Thursday, September 1, 2022 9:51 AM To: survevor@boundarvpromn.com Cc: 'Jack Lelwica' <iack.lelwica@gmail.com> Subject: RE; Developer Update Meeting How about 1pm tomorrow 2 . V From: survevor(Sboundarvpromn.com <survevor@boundarvpromn.com> Sent: Thursday, September 1, 2022 9:49 AM To: Chris LeClair <cleclair(5)co.ottertail.mn.us> Cc: 'Jack Lelwica' <iack.lelwica(5)gmail.com> Subject: RE; Developer Update Meeting Chris, I was thinking something maybe tomorrow? We are working through a few details yet. Thank you. Boundary PRO Jack Rosenthal, PLS 218.850.0207 BoundaryPROMN.com Surveyor(S)boundarvpromn.com P.O. Box 266 Ottertail, MN 56571 From: Chris LeClair <cleclair@co.ottertail.mn.us> Sent: Thursday, September 1, 2022 9:48 AM To: survevor(S)boundarvpromn.com Cc: 'Jack Lelwica' <iack.lelwica(S)gmail.com> Subject: RE; Developer Update Meeting I'm actually free right now. I can send a teams invite From: survevorPboundarvpromn.com <survevorPboundarvDromn.com> Sent: Thursday, September 1, 2022 9:45 AM To: Chris LeClair <cleclairPco.ottertail.mn.us> Cc: 'Jack Lelwica' <iack.lelwicaPgmail.com> Subject: Developer Update Meeting Chris, What is your earliest availability for a quick update on the Otter Tail Lake property we discussed earlier in August? Thank you. Boundary PRO Jack Rosenthal, PLS 218.850.0207 BoundaryPROMN.com Survevorpboundarvpromn.com P.O. Box 266 Ottertail, MN 56571 3 PRELIMINARY PLAT CIC NO. XX NORWOOD BEACH GOVERNMENT LOTS I #2 5WI/4 OF THE 5EI/4, SECTION 3, T. I33N., R.40W. OTTERTAIL COUNTY, MINNESOTA 21 SLIPS g LA' ^L.\320. olU a: z (nQ3 a:COCQ(J lUinzt U)uJ a:3<b-(J ozzmmin3i \-3 lUa:■O’ CO'I-Kz ImCJ'tUJ <nOJ I3S5 I COMMON ELEMENT/ (T>(O COU(JCO IlUcnI65u BELOW OHW65 OI I97 delineated ohw BELOW OHW<11BELOW OHW ! I I I IDI'a/;:"'.;.';ora..............CM CMUCMOof A AoIDKO dtrtt®Pi;r /(Ti CM0.3 /6574^7 CoW\M cO(M. .1 ! ! I ■trr■• tT sIDELlNEATE^^QSi I i_-"BETdW OHW iQ.ATi'A I O:- :■vA[Q;\ o2>5'20S65/ M7965-%■ -66-///I 0^^ 'C3 A-T\ER'T CDa in \%CDA•i vO;^lS^ CM in Icn'CM ogOo oCO vZ 750' WIDE 5_^-/00"TI ER-2~LrNE'< i\A3uOQ i sss55=UNIT L 25 1,349 S.F. in5S=rr—IssQ/S=< i TTIIoCOI---------1 /I JCQ I IL.C.E. UNITS F THROUGH L [}T \CM J72^e703rFr I JoL■■T"05 I TUNIT IRoi CVJ I__ICMCO76, t5eS.F\0505 i in CM.05 65.00 N69°3A32"E0505 fCM \CO i 1\NE05;;;.:CM -£00' SIH-LUNITD LUNITE;; ;77;405;SY. : A^iOOiSYi /UNIT A '>6,9:17 ;S.F. UNIT B ; UNITCL ■84,520 :S:.f;. 64:,457 S.T.' /CM in 05 CMo O 50 100 ASSUMED BEARING OUNIT jy I 9,5 I O'S.F. OI■; EXAMPLE OE TOWNHOME5 PToTTol I z p—n (CM•inIIiCSJ r~y"Zi V II/J cQI ----------------- CLIENT PROPERTY -----------------ADJOINING (FOR REFERENCE) -----------------SECTION LINE -----------------RIGHT OF WAY -----------------LIMITED COMMON ELEMENT BOUNDARY I 3_24tI7 2' MNLIDAR CONTOUR A______ I all units shared I 2 FOOT WIDE TRAIL _________1 UNITS A THROUGH E I 2 FOOT WIDE TRAIL _____ I PROPOSED GRAVEL SURFACE □_________□ SAMPLE BUILDING MONUMENT SET MONUMENT FOUND i— I oT To1 »y C0|ICO 30IJIiTo <s^EXAMPLE OE SINGLE EAMILY HOMES FG4 1 in ri•N. -------------P7 J-oCqS'ICM I■1-o CM|in'III----1o 3 SII-------JI/0&.0 zop^ +1 A I lo I__I I T T!J (A93-I c^vI__IVI 3023 ICO65I__I 93 OOO'I__I c DELINEATION INFORMATION - SOILS - VEGETATION AQUATIC ECOSOLUTIONS, INC. DATED SEPTEMBER 6TH, 2022 REPORT NO. 22035JL PROJECT NOTES IMPERVIOUS CALCS 28.14 ACRES TOTAL LAND ABOVE OHW 1,225,778 S.F. TOTAL L4ND ABOVE OHW 371,381 S.F. DELINEATED WETU\ND AREA ABOVE OHW <3^I U1 \CM I >-J5 6^3.I 02 /< tr'CL I /I 2\127B Sverdrup sandy loam, 2 to 6 percent slopes 341A Arvilla sandy loam, 0 to 2 percent slopes 341B Arvilla sandy loam, 2 to 6 percent slopes 1077 Forida and Leafriver soils, frequently ponded, 0 to 1 percent slopes 1113 Haslie, Seelyeville, and Cathro soils, frequently ponded, 0 to 1% slopes 1975 Oylen sandy loam /, I ''U • ~4l (p q 8| > %r^'^o I (Jt OP 05 /CD •Q THIS DEVELOPMENT FULLY CONSTRUCTED HAS A ESTIMATED IMPERVIOUS COVERAGE AS FOLLOWS: 56,628 S.F. BUILDINGS 30.000 S.F. DRIVEWAYS 29.000 S.F. ROADWAY 41,400 S.F. 12' WIDE TRAILS 157,028 S.F. TOTAL COVERAGE 157,028/1,225,778=12.8% TOTAL COVERAGE 56,628/1,225,778=4.62% BUILDING COVERAGE T04'TOO100 I—II—I /\-4 I111 iUNITNi T\i UNITQgl[8,^9JYj ^ II iUNIT M l \ toj8,4p9 SY| \UPLAND VEGETATION: Plant species observed in the adjacent upland included smooth brome, common mullein, green foxtail, Canada goldenrod, tall goldenrod, big bluestem, pointed-leaf tick trefoil, thicket creeper, Pennsylvania sedge, woodland strawberry, rattlesnake fern, wild geranium, wild sarsaparilla, hog peanut. Cleaver's bedstraw, and burdock ground cover; American hazel, prickly ash, cherry, and trembling aspen shrubs/saplings; bur oak, red oak, trembling aspen, black cherry, white birch, and basswood trees. PROJECT NOTES DENSITY CALCULATIONS 28.14 ACRES TOTAL LAND ABOVE OHW 1,225,778 S.F. TOTAL LAND ABOVE OHW 371,381 S.F. DELINEATED WETLAND AREA ABOVE OHW I —-M i/Y OPEN SPACE IS ESTIMATED TO BE 60% 50% OPEN SPACE MUST BE MAINTAINED^37 \ \.100I 00P'O.B N69°3T'01 "E404.54 -f SHORELAND OPEN SPACE WILL BE 70% 70% SHORE IMPACT ZONE MUST BE MAINTAINED \Q i f \ >-50.2^ 5 I 0°50'45"E ' 7t'--L23/3I RI I 7.00 an I l°^5'0) ' CH23.26 CHtelG°33'l 6'E \\\\LU f.i'NO BLUFFS NO EXISTING WELLS, SEWERS, OR BUILDINGS OR IMPERVIOUS i \\\\\\\PARKING IS ALLOWED ON PRIVATE DRIVEWAYS AND GARAGES VERY RESTRICTED ROADWAY PARKING SEE BYLAWS FOR ADDITIONAL PARKING INFORMATION \\'\\ \ > \TIER 1 LAND ABOVE OHW EXCLUDING WETLANDS/BLUFFS 285,216 S.F./20,000 = 14.26 UNITS 14.26x1.5=21 UNITS (IF DENSITY INCREASE ALLOWED - DOCK SLIP CALC AS WELL) \\\\\\\\PART OF PID NO'S 25000030015000 THROUGH 25000030015015\\\\\\^ ,TIER 2 LAND ABOVE OHW EXCLUDING WETLANDS/BLUFFS 99,679 S.F./20,000 = 4.98 UNITS 4.98x2=10 UNITS (IF DENSITY INCREASE ALLOWED) \ 1 UNIT BOUNDARIES ARE AS SHOWN HEREON AND NO LOWER OR UPPER LIMIT \v5k \ \r\\4AL\GROUND WATER IS 3’ BELOW IN BUILDABLE AREAS\T V TIER 3 LAND ABOVE OHW EXCLUDING WETLANDS/BLUFFS 75,588 S.F./20,000 = 3.78 UNITS 3.78x3=11 UNITS (IF DENSITY INCREASE ALLOWED) lU \ 6T:z V ROADWAY EASEMENT AS SHOWNW; l\ \ \\\ \\\N\^CZ \DIRECTLY NORTH OF 26188 STATE HWY NO. 78, BATTLE LAKE, MNlU\\\\TIER 4 LAND ABOVE OHW EXCLUDING WETLANDS/BLUFFS 125,839 S.F./20,000 = 6.29 UNITS 6.29x4=25 UNITS (IF DENSITY INCREASE ALLOWED) CZ \SURVEYORS CERTIFICATION<\'/"''"LG3^>R/63.00 AN I 9°55'4G" 1611^3/33/ CNB5 I 2° I 7'5 2"EGG.OO FOOT WIDE —'YO INGKE55/EGRE55 AND UTILITY EASEMENT 15 00 \1 hereby certify that this survey, plan, or report was prepared by me or undei^y direct supervision and that I am duly Licensed Land Surveyor \ir\(fe/theqf^^e state of Minnesota. o \CO I I1 TIER 5 LAND ABOVE OHW EXCLUDING WETIANDS/BLUFFS 77,897 S.F./20,000 = 3.89 UNITS 3.89x5=19 UNITS (IF DENSITY INCREASE ALLOWED) IIIDI I3|i ' IMo i'^tI VI/tn ! 05I Jack Rosenthal, PLS, 5U/S2iI •I I -4ZI ! Mlly/REAL ESTATEcZ1O/Ii09 That part of Government Lots 1 and 2 and the Southwest Quarter of the Southeast Quarter, Section 3, Township 133 North, Range 40 West, Otter Tail County, Minnesota, which lies to the North and West of the following described line: /z I i O11 I fM>ll I o I —Commencing at the south quarter of said Section 3; thence North 00 degrees 29 minutes 52 seconds West along the north-south quarter line of said Section 3, a distance of 832.38 feet to the point of beginning of the line to be described; thence North 89 degrees 31 minutes 01 seconds East, a distance of 404.54 feet; thence North 10 degrees 50 minutes 45 seconds West, a distance 207.77 feet; thence 57.77 feet northeasterly, along a tangential curve, concave southeasterly, having a radius of 42.00 feet, and a central angle of 78 degrees 48 minutes 48 seconds (chord bearing North 28 degrees 33 minutes 39 seconds East, chord distance 53.32 feet); thence North 67 degrees 58 minutes 03 seconds East, a distance of 177.21 feet; thence 176.48 feet northeasterly, along a curve not tangent with aforementioned line, concave northwesterly, having a radius of 60.00 feet, and a central angle of 168 degrees 31 minutes 17 seconds (chord bearing North 67 degrees 58 minutes 03 seconds East, chord distance 119.40 feet); thence North 67 degrees 58 minutes 03 seconds East, a distance of 98.34 feet; thence North 00 degrees 29 minutes 52 seconds West, a distance of 348.24 feet; thence North 89 degrees 31 minutes 32 seconds East, a distance of 85.00 feet; thence North 00 degrees 29 minutes 52 seconds West, a distance of 334.50 feet; thence North 79 degrees 25 minutes 20 seconds East, a distance of 766.84 feet; thence North 00 degrees 29 minutes 52 seconds West, a distance of 318 feet, more or less, to the shoreline of Otter Tail Lake, and there terminating. ! 6IiI LD\ ^X3$.7& K\ I 7.00 AN I 7°3 I '25" CHD5I l°05'42"E -^L35./>6 RI I 7.00 AN I 7°3 I '25" (tH35.G4 CHD5I l°05'42"E I I 1 lYI 1 \\\\i\r\\ w \Y\ UTILITY EASEMENT OF RECORD IN DOCUMENT NUMBER 729222 \ Iii I \vl \\\j^.^^4.93 500°09'45"E l- —h-----F — ---------i”l\\SUBJECT TO easements, restrictions, and reservations of record, if any.r‘—5, i1 aH-Yf-r--'-----1 ! N. LINE OF FIWY NO. 76 R/WI I TOGETHER WITH A 66.00foot wide easement for ingress, egress and utility purposes, over, under and across that part of Government Lots 1 and 2 and the Southwest Quarter of the Southeast Quarter, Section 3, Township 133 North, Range 40 West, Otter Tail County, Minnesota, which lies to West 66.00 feet as measured perpendicular to and parallel with the following described line: ___ I. O TRUNK HIGHWAY NOTTS'o in Commencing at the south quarter of said Section 3; thence North 00 degrees 29 minutes 52 seconds West along the north-south quarter line of said Section 3, a distance of 832.38 feet; thence North 89 degrees 31 minutes 01 seconds East, a distance of 404.54 feet to the point of beginning of the line to be described; thence South 10 degrees 50 minutes 45 seconds East, a distance of 50.23 feet; thence 23.31 feet southeasterly, along a tangential curve, concave northeasteasterly, having a radius of 117.00 feet, and a central angle of 11 degrees 25 minutes 01 seconds (chord bearing South 16 degrees 33 minutes 15 seconds East, chord distance 23.28 feet); thence South 22 degrees 15 minutes 46 seconds East, a distance of 271.24 feet; thence 63.65 feet southeasterly, along a tangential curve, concave southwesterly, having a radius 183.00 feet, and a central angle of 19 degrees 55 minutes 46 seconds (chord bearing South 12 degrees 17 minutes 52 seconds East, chord distance 63.33 feet); thence South 02 degrees 19 minutes 59 seconds East, a distance of 223.72 feet; thence 35.78 feet southeasterly, along a tangential curve, concave northeasterly, having a radius of 117.00 feet, and a central angle of 17 degrees 31 minutes 25 seconds (chord bearing South 11 degrees 05 minutes 42 seconds East, chord distance 35.64 feet); thence 35.78 feet southeasterly, along a reverse curve, concave southwesterly, having a radius of 117.00 feet, and a central angle of 17 degrees 31 minutes 25 seconds (chord bearing South 11 degrees 05 minutes 42 seconds East, chord distance 35.64 feet); thence South 00 degrees 09 minutes 45 seconds East, a distance of 54.93 feet to the north right of way line of State Trunk Highway Number 78, and there terminating. 7i02GI2.G3 N69°50'I5"EP.O.C. 51/4 CORNER i L: BoundaryPRO&6 L Y Survey > Subdivision • Description^ Consultant jK The sidelines of said easement shall be prolonged or shortened to terminate on the intersection of a line bearing South 89 degrees 31 minutes 01 seconds West from said point of beginning as the northerly termination and said north right of way line as the southerly termination. ! PROJECT NO: Ti 33NR40WS3-267 CLIENT NAME: JACK * ASHLEY LELWICA PLANNING COMIVIISSION NOTIFIGATiON WORKSHEET Applicant: Jack & Ashley Lelwica Otter Tail Lake 242 October 12, 2022Meeting Date:Lake: Va Mile (1320’) Conditional Use App __X V2 Mile (2640’) Preliminary Plat *Township / County Roads: Sherry (GtS) 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. Otter Tail Lake Association OTLPOA PO Box 21 12 Envelopes 8 Extra 7 PC 3 ExLia Exit a 30 Notices Battle Lake MN 56515 Roland Mann, Clerk Everts Township 27234 368*” Ave Battle Lake MM 56515 Boundary Pro PO Box 266 Ottertail MN 56571 MN DOT 1000 Nwy 10 W Detroit Lakes MN 56501 PC:Worksheet 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 2022, the attached Notice of Hearing and was dulySept28thday of served upon the following: the. County Sheriff County Highway Engineer Courthouse Otter Tail COLA, 4302 13'^’ Ave S Ste. 4-333, Fargo, ND 58103 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 Planning Commission Members (The above receive aU Notices) Lake Improvement District (if project is located on their lake, mail Notices to the Lake Improvement District) Big McDonald: Big McDonald Lake Improvement Oist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Diet., PO Box 431 Perham, MN 56573 Eagle Lake Imp. OisLr Kelly Hepper, 38079 South Eagle Lake Rd., Battle Lake MN 56515 Lida Lakes Imp. Diet., David Hilber, 41026 Backroad TrI., Pelican Rapids MN 5651§ ■Lt McDonald, Kerbs & PaukLMKP Lakes Imp-Drsf., PO Box 133, Perham, MN 56573 Little Pine & Big Pme^ Pelican, Fish, Bass & Lt. Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake:—South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 ^ame Envelope -Devils (Near Perham): Eagle:--------------------- 4=ida:------------------------ Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 City Clerk (if located within 2 miles of a city) MNDOT Dist. Office, 1000 Hwy 10 W, Detroit Lakes, MN 56501 (if located on a State or Fed Hwy) Adjacent County Zoning Administrator (If the County is in the -Buffer) -check their website for name/address Do not notify individuals within a City Limit Township Clerk, Lake Association, surveyor (if appropriate), and those listed on the attached sheet..., by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and by depositing them in the U.S, Mail at Fergus Falls, MN, properly addressed to each of the above named at the addresses shown above. Secretary Amy Busko If parcel owner is “USA”, mail to Fish & Wildlife Service, 18965 Co. Hwy 82, Fergus 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\Affidavit Orig 2018 Buffer Parcels Parcel No Addr 1 Addr 2 Citv St ZiDName 1 Name 2 Detroit Lakes MN 56502136225000030014000 Deforest Malstrom Tst PO Box 1362 Detroit Lakes MN 56502 136225000030014001 Deforest Malstrom Tst PO Box 1362 LockportlL60441 222525000030014002 Daniel J & Barbara J Mullin 1214 Shoals Dr Detroit Lakes MN 56502 136225000030014003 Deforest Malstrom Tst PO Box 1362 Battle Lake MN 56515 914625000030014900 Roland & Lori M Mann 27234 368th Ave Battle Lake MN 56515 924325000030015000 Jack T & Ashley G Lelwica Etal 37011 Blarney Beach Rd Battle Lake MN 56515 924325000030015001 Jack T & Ashley G Lelwica Etal 37011 Blarney Beach Rd Battle Lake MN 56515 924325000030015002 Jack T & Ashley G Lelwica Etal 37011 Blarney Beach Rd Battle Lake MN 56515 924325000030015003 Jack T & Ashley G Lelwica Etal 37011 Blarney Beach Rd Battle Lake MN 56515 924325000030015004 Jack T & Ashley G Lelwica Etal 37011 Blarney Beach Rd Battle Lake MN 56515 924325000030015005 Jack T & Ashley G Lelwica Etal 37011 Blarney Beach Rd Battle Lake MN 56515 924325000030015006 Jack T & Ashley G Lelwica Etal 37011 Blarney Beach Rd Battle Lake MN 56515 924325000030015007 Jack T & Ashley G Lelwica Etal 37011 Blarney Beach Rd Battle Lake MN 56515 924325000030015008 Jack T & Ashley G Lelwica Etal 37011 Blarney Beach Rd Battle Lake MN 56515 924325000030015009 Jack T & Ashley G Lelwica Etal 37011 Blarney Beach Rd Battle Lake MN 56515 924325000030015010 Jack T & Ashley G Lelwica Etal 37011 Blarney Beach Rd Battle Lake MN 56515 924325000030015011 Jack T & Ashley G Lelwica Etal 37011 Blarney Beach Rd Battle Lake MN 56515 924325000030015012 Jack T & Ashley G Lelwica Etal 37011 Blarney Beach Rd Battle Lake MN 56515 9170Christensen Earn Rev Living Tst25000100056000 26496 380th Ave Battle Lake MN 56515 914825000100058000 Lars & Melissa Rowe 25747 State Highway 78 Colfax ND 58018 965025000990812000 J C & P Carlson Tsts 16690 70th St SE Bloomington MN 55438 106325000990813000 Mark A & Stephanie Cossette 8341 Virginia Ave S 502 Crockett Loop Georgetown TX 78633 500825000990814000 Weiss Tst Page 1 of 2Tuesday. September 27. 2022 Parcel No Name 1 Addr 2 Citv St ZipName 2 Addr 1 Thomas & Renae Branson25000990821000 9480 Highway 127 Fairmount ND 58030 9602 Thomas & Renae Branson25000990822000 9480 Highway 127 Fairmount ND 58030 9602 25000990823000 Norlin & Kathleen Davis Battle Lake MN 56515 412527337 Blarney TrI 25000990824000 Daniel J & Barbara J Mullln 1214 Shoals Dr Lockport IL 60441 2225 25000990825000 Angela Berkenstock 8742 HillswickTrl Minneapolis MN 55443 1922 Tuesday. September 27. 2022 Page 2 of 2 Buffer Mail ■*8fsli'r' Address iName Address 2 City, State, Zip Angela Berkenstock 8742 HillswickTrl Minneapolis MN 55443 1922 Thomas & Renae Branson 9480 Highway 127 Fairmount ND 58030 9602 Christensen Fam Rev Living Tst 26496 380th Ave Battle Lake MN 56515 9170 Mark A & Stephanie Cossette 8341 Virginia Ave S Bloomington MN 55438 1063 Norlin & Kathleen Davis 27337 Blarney TrI Battle Lake MN 56515 4125 Deforest Malstrom Tst Detroit Lakes MN 56502 1362PO Box 1362 J C & P Carlson Tsts 16690 70th St SE Colfax ND 58018 9650 JackT & Ashley G Lelwica Etal 37011 Blarney Beach Rd Battle Lake MN 56515 9243 Roland & Lori M Mann 27234 368th Ave Battle Lake MN 56515 9146 Daniel J & Barbara J Mullin 1214 Shoals Dr Lockport IL 60441 2225 Lars & Melissa Rowe 25747 State Highway 78 Battle Lake MN 56515 9148 Weiss Tst 502 Crockett Loop Georgetown TX 78633 5008 Tuesday, September 27, 2022 Page 1 of 1 Kyle Westergard Otter Tail County Land Wednesday, October 12, 2022 3:35 PM Kyle Westergard; Sheila Dahl FW: Jack & Ashley Lelwica Conditional Use Hearing From: Sent: To: Subject: HighImportance: From: Kristina Greene <kgreeneplc@outlook.com> Sent: Wednesday, October 12, 2022 3:25 PM To: Otter Tail County Land <land@co.ottertail.mn.us> Subject: Jack & Ashley Lelwica Conditional Use Hearing I You don't often get email from kareeneplc@outlook.com. Learn why this is important Hello, I wanted to get a public comment to you sooner, but I have been in and out of the hospital the last 3 days due to an extremely severe case of strep throat. I hope my comment can still be considered for this hearing. I am so excited to see Jack & Ashley's vision come to life with the development on Otter Tail Lake. It will provide a beautiful setting and create an economical/practical way for families to live on and have access to Otter Tail Lake. Overall, I believe this development would be a great addition to our community. Thank you! Weichert Realtors Paulson Land Co PO Box 607 Battle Lake, MN 56515 218-864-5203 Cell: 218-731-2705 RE License# 40574930 1 Amy Busko Amy Busko Thursday, October 6, 2022 3:51 PM Michelle Eldien; Chris LeClair; Kyle Westergard; Amy Busko; Brent Frazier; David Trites; David Waas; Judd Fischer; Rick Wilson; Rod Boyer; Tina Bladow Jack Lelwica FW: Public Hearing - Jack and Ashley Lelwica development From; Sent: To: Cc: Subject: HighImportance: Please see below correspondence which was received in regards to the Lelwica CUP request. Have a great day. AMY From: Otter Tail County Land <land@co.ottertail.mn.us> Sent: Thursday, October 6, 2022 2:23 PM To: Amy Busko <ABusko@co.ottertail.mn.us> Subject: FW: Public Hearing - Jack and Ashley Lelwica development Importance: High From: Tom Frank <maxchasel23(5)Rmail.com> Sent: Thursday, October 6, 2022 1:34 PM To: Otter Tail County Land <land@co.ottertail.mn.us> Subject: Public Hearing - Jack and Ashley Lelwica development I You don't often get email from maxchasel23@Qmail.com. Learn why this is important To whom it may concern - I simply wanted to acknowledge that I have had the opportunity to review the plans for the Lelwica development on the south shore of Ottertail Lake. And for your consideration I wanted to share my thoughts . .. From my chair our area is in need of more lakeshore options like this which will allow prospective buyers the opportunity to gain access to one of our premier area lakes at what should be a more attractive price point. And simply put ,we have very low inventory, and suspect that will continue and the Lelwica parcel should be a nice option for buyers wanting solitude, lake access, etc. If you are in need of more evidence on "inventory" look how quickly the new townhomes and apartments in Battle Lake were filled/sold. This development is within 10 minutes of Battle Lake which is also a bonus for our local community. On a final note I will mention that I have had the privilege of getting to know Jack and Ashley and believe them to be people of high character and good upstanding members of our community. Appreciate your consideration. Tom Frank 1 0 38437 Country Estate Rd Battle Lake, MN 55615 2 Amy Busko Amy Busko Monday, October 10, 2022 10:10 AM Josh Pfetter; Lynette Bethel; surveyor@prtel.com; Jack Lelwica; surveyor@boundarypromn.com; Amy Busko; Brent Frazier; David Trites; David Waas; Judd Fischer; Michelle Eldien; Rick Wilson; Rod Boyer; Tina Bladow Kyle Westergard; Chris LeClair FW: for planning commission From: Sent: To: Cc: Subject: Good Morning. See the comments for your review below in regards to Jana Subdivision, Brown Lake Addition and Jack & Ashley Lelwica PUD. Flave a great day Amy Busko Office Manager Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8096 | Office 218-998-8095 ottertailcountvmn.us 7 OTTER TAIL oowrr MPMUOCA From: Cody Call <ccall@co.ottertail.mn.us> Sent: Monday, October 10, 2022 9:47 AM To: Amy Busko <ABusko@co.ottertail.mn.us> Subject: for planning commission To who it may concern, 1. The wetland delineation for "Jana Subdivision" has been reviewed and approved. 2. The wetland delineation for "Brown Lake Addition" has been reviewed and approved. ' 3. The wetland delineation for "Jack & Ashley Lelwica Residential PUD" is still in progress as of 10/10/22 @ 9:30 am. Onsite review has taken place and delineator is currently working on addendums to the delineation report per the onsite review. It is important to note that the "beach area" circled in pink (below) is above the OFIWL but still meets all 3 criteria to be considered wetland and any future activity in this area will be subject to MN Rule 8420. (Wetland Conservation Act) 1 . >t I •I !i- i So- )I I ~l KiTL!• MUM O* »M6U MMC^KWOrv-»*L_JJ*5»>i I mMci aar-^-* r™7^t 55tEEE™ ssrsy—-* i!,;1. If you have any questions or comments let me know. Thanks, Cody Call Wetland Inspector Land and Resource Management 540 W Fir Ave Fergus Falls, MN 56537 Direct 218-998-8114 | Office 218-998-8095 Mobile 218-671-5027 ottertailcountvmn.us OTTER TAIL county MINNESOTA 2 -V ' • PRELIMINARY PLAT CIC NO. XX NORWOOD BEACH GOVERNMENT LOTS I $ 2 5WI/4 0F THESE 1/4, SECTION 3,T. I33N., R.40W. OTTERTAIL COUNTY, MINNESOTA 2 1 SLIPS gg oY/VA' OUJ 1iL Z tnD r3uJCQ(MulUztnttiL(i)iL 3<A-u <5zztn3in34>\iL lU IojZA-ImCJlU0^UJ3 I55 I COMMON element/ (D 3COCMuuCM IUJ(D 3 I65(J 5ELOW OHW65c> I OI97IOPL/NEATtD OHV7 f \r.4' tv- <BELOW OHWBELOW OHW ^<r~D mO0-m cki CD\jv*^<I (\J C\JoCMoc74CDNftjSICM 657iJ'CMI cO 1^V (TT-ur<:T I ipPLINEALEP^-i iv,^^-BEEdW OHW iQi .<51I Q/72- -7 U-"-i .^3«<lI|T3z/65 /oib'?2^U79—6^__—-3'i/ -------I '(T^v-^N\oo'S^j U)I IT)\(J)<s4^3^24 VzX#-&CM1 ID IcnCM&0 ooCO 750' WIDE \#OQLJIER 2< i >c23I';:o 9 0/ ( i#S tTlHPLGf------15S mS5 <25 I ,349 5.F.I Io\COI---------1^4CD i I J COelemettO_L.C.E. UNITS F THROUGH L I1 rCOlCM .____. 72^ G7Q,3^1_____IoI__IT324 I (D C3 r IUNIT 1^(oCMzCM I__ICO76,1^56 5.F.cncn 1 in CMcon.(T>cn 65.00 N69°3 f’32"EcnCMCO -7^o V CDCMIA I! UNIT EUNITBUNIT A UNITC UNIT D CM zin7^1,917 5,E>«*64,520 S.E.77,405 S.F.84,45.7 S.T.77,1 00 S.F (n■••«.•.-fe. iCM >4«V o 0 50 100 ASSUMED BEARING /UNIT J o /EXAMPLE or TOWNHOME5 TToTTol I 9,5 10 S.F.ZI V I---------1 M-|CM •inIIICMr“"n IIICO ------ CLIENT PROPERTY ----- ADJOINING (FOR REFERENCE) ------ SECTION LINE ------ RIGHT OF WAY ------LIMITED COMMON ELEMENT BOUNDARY ____2'MNLIDAR CONTOUR ____1 ALL UNITS SHARED I 2 FOOT WIDE TRAIL 1 UNITS A THROUGH E I 2 FOOT WIDE TRAIL _________] PROPOSED GRAVEL SURFACE C_________□ SAMPLE BUILDING MONUMENT SET MONUMENT FOUND z To6T-■ tr CO\I ICOE3zCOl f'7 30in 12 3^4CM r —1324EXAMPLE OF SINGLE FAMILY HOMES rG4 n in zGI---------1■:5 (ST .LeTo^I 'i ICM zi I Ib CM| in'CqG I1IIIoI---------1 1 r Ir~~i 0&-ILTT 1__II I lo I__l'^1 X1 rLJ^3 3j.+1 I__I\I I 30CO23 I65 'a_,z'’7I__I 3^\I__I -y Q PROJECT NOTES IMPERVIOUS CALCS 28.14 ACRES TOTAL U\ND ABOVE OHW 1,225,778 S.F. TOTAL LAND ABOVE OHW 371,381 S.F. DELINEATED WETLAND AREA ABOVE OHW DELINEATION INFORMATION - SOILS-VEGETATION AQUATIC ECOSOLUTIONS, INC. DATED SEPTEMBER 6TH, 2022 REPORT NO. 22035JL I CJlCMI /4^I 3.G2I \S>V/ /■%'^o '^^o\ ................... V \/ 127B Sverdrup sandy loam, 2 to 6 percent slopes 341A Arvilla sandy loam, 0 to 2 percent slopes 341B Arvilla sandy loam, 2 to 6 percent slopes 1077 Forida and Leafriver soils, frequently ponded, 0 to 1 percent slopes 1113 Haslie, Seelyeville, and Cathro soils, frequently ponded, 0 to 1% slopes 1975 Oylen sandy loam Z / ^ ^ IJlo - 1 A 4 (Y> \z h 8%\q \> 7i(ji CP ^ « ° Oi^ ^ CDi (3> 72 THIS DEVELOPMENT FULLY CONSTRUCTED HAS A ESTIMATED IMPERVIOUS COVERAGE AS FOLLOWS: 56,628 S.F. BUILDINGS 30.000 S.F. DRIVEWAYS 29.000 S.F. ROADWAY 41,400 S.F. 12' WIDE TRAILS 157,028 S.F. TOTAL COVERAGE 157,028/1,225,778=12.8% TOTAL COVERAGE 56,628/1,225,778=4.62% BUILDING COVERAGE 104100100 I----1I----1I----1 J___IJ___IJ__I III UNITUNIT Mi I UNIT Nglj8,499 5Yj ml /I UPLAND VEGETATION: Plant species observed in the adjacent upland included smooth brome, common mullein, green foxtail, Canada goldenrod, tall goidenrod, big bluestem, pointed-leaf tick trefoil, thicket creeper, Pennsylvania sedge, woodland strawberry, rattlesnake fern, wild geranium, wild sarsaparilla, hog peanut. Cleaver's bedstraw, and burdock ground cover; American hazel, prickly ash, cherry, and trembling aspen shrubs/saplings; bur oak, red oak, trembling aspen, black cherry, white birch, and basswood trees. PROJECT NOTES DENSITY CALCULATIONS 28.14 ACRES TOTAL LAND ABOVE OHW 1,225,778 S.F. TOTAL LAND ABOVE OHW 371,381 S.F. DELINEATED WETLAND AREA ABOVE OHW II 1>P/y3*g^^2,300S|F. ^/ w> i J""4 14^OPEN SPACE IS ESTIMATED TO BE 60% 50% OPEN SPACE MUST BE MAINTAINED 1| ±32!\ ViiZ.-.'-'j, nvP'O.B N69°3 t '0 I "E ■404.54 '\44 ^ \ I ' ^50.23 5I0°50'45"E \ C4'--L233 I Rl 1 7.00 AN I I °^5'01" CH23.26 CHB5 I G°33' I 5"E /SHORELAND OPEN SPACE WILL BE 70% 70% SHORE IMPACT ZONE MUST BE MAINTAINED\/\LU V(i\ \ \T-/LL-NO BLUFFS NO EXISTING WELLS, SEWERS, OR BUILDINGS OR IMPERVIOUS V \sI\\V-\\\\\\\PARKING IS ALLOWED ON PRIVATE DRIVEWAYS AND GARAGES VERY RESTRICTED ROADWAY PARKING SEE BYLAWS FOR ADDITIONAL PARKING INFORMATION \ ^ \ > I \\TIER 1 LAND ABOVE OHW EXCLUDING WETLANDS/BLUFFS 285,216 S.F./20,000 = 14.26 UNITS 14.26x1.5=21 UNITS (IF DENSITY INCREASE ALLOWED - DOCK SLIP CALC AS WELL) \\\\PART OF PID NO'S 25000030015000 THROUGH 25000030015015\\V'.\\WiW \4\TIER 2 LAND ABOVE OHW EXCLUDING WETLANDS/BLUFFS 99,679 S.F./20,000 = 4.98 UNITS 4.98x2=10 UNITS (IF DENSITY INCREASE ALLOWED) \UNIT BOUNDARIES ARE AS SHOWN HEREON AND NO LOWER OR UPPER LIMITA\\\\V\\\GROUND WATER IS 3' BELOW IN BUILDABLE AREAS\lU \TIER 3 LAND ABOVE OHW EXCLUDING WETLANDS/BLUFFS 75,588 S.F./20,000 = 3.78 UNITS 3.78x3=11 UNITS (IF DENSITY INCREASE ALLOWED) Z \ROADWAY EASEMENT AS SHOWN\\\ \ \\\ ' \\\MGS.OO FOOT WIDE —^VVU '' INGRESS/EGRESS AND UTILITY EASEMENT cZUJ DIRECTLY NORTH OF 26188 STATE HWY NO. 78, BATTLE LAKE, MN\ TIER 4 LAND ABOVE OHW EXCLUDING WETLANDS/BLUFFS 125,839 S.F./20,000 = 6.29 UNITS 6.29x4=25 UNITS (IF DENSITY INCREASE ALLOWED) <''4e3.d'5'RI 63.00 AN I 9°55'4G” C4G3:33 CMD5 I 2° I 7'52"E SURVEYORS CERTIFICATION3cOoI hereby certify that this survey, plan, or report was prepared by me or under^y direct supervision and that I am duly Licensed Land Surveyor undj^Ahe l^s o^i ^Lic \W \'CO ' IIn !I TIER 5 LAND ABOVE OHW EXCLUDING WETLANDS/BLUFFS 77,897 S.F./20,000 = 3.89 UNITS 3.89x5=19 UNITS (IF DENSITY INCREASE ALLOWED) e state of Minnesota., ImZ)I Dato • I IMor Y33G1 IV)(D I 00 lack Rosenthal, PLS, 50732I ■n I 'M ' IV)dZ REAL ESTATEIIOIU)That part of Government Lots 1 and 2 and the Southwest Quarter of the Southeast Quarter, Section 3, Township 133 North, Range 40 West, Otter Tail County, Minnesota, which lies to the North and West of the following described line: z IIi Oli I IV)I II I —\Commencing at the south quarter of said Section 3; thence North 00 degrees 29 minutes 52 seconds West along the north-south quarter line of said Section 3, a distance of 832.38 feet to the point of beginning of the line to be described; thence North 89 degrees 31 minutes 01 seconds East, a distance of 404.54 feet; thence North 10 degrees 50 minutes 45 seconds West, a distance 207.77 feet; thence 57.77 feet northeasterly, along a tangential curve, concave southeasterly, having a radius of 42.00 feet, and a central angle of 78 degrees 48 minutes 48 seconds (chord bearing North 28 degrees 33 minutes 39 seconds East, chord distance 53.32 feet); thence North 67 degrees 58 minutes 03 seconds East, a distance of 177.21 feet; thence 176.48 feet northeasterly, along a curve not tangent with aforementioned line, concave northwesterly, having a radius of 60.00 feet, and a central angle of 168 degrees 31 minutes 17 seconds (chord bearing North 67 degrees 58 minutes 03 seconds East, chord distance 119.40 feet); thence North 67 degrees 58 minutes 03 seconds East, a distance of 98.34 feet; thence North 00 degrees 29 minutes 52 seconds West, a distance of 348.24 feet; thence North 89 degrees 31 minutes 32 seconds East, a distance of 85.00 feet; thence North 00 degrees 29 minutes 52 seconds West, a distance of 334.50 feet; thence North 79 degrees 25 minutes 20 seconds East, a distance of 766.84 feet; thence North 00 degrees 29 minutes 52 seconds West, a distance of 318 feet, more or less, to the shoreline of Otter Tail Lake, and there terminating. ! LDiIi (Ji\/I I LD VI mr .^L35.76 Kl I 7.00 AN I 7°3 I ’25" iCM35.G4 CHD51 l°05'42"E --E35.76 R.I I 7.00 AN I 7°3 I '25" CH35.G4 CHB5I I °05'42"E I z Y \\\\\ ' ■\ T\\\UTILITY EASEMENT OF RECORD IN DOCUMENT NUMBER 729222 \\ I V,1 I N>- $4.53 500°09'45"EI I \1.^ -7444-_l-_J--------------l-l—SUBJECT TO easements, restrictions, and reservations of record, if any.--------1 I----1 |± fT LINE_OniV^ NO^!76_RW TOGETHER WITH A 66.00foot wide easement for ingress, egress and utility purposes, over, under and across that part of Government Lots 1 and 2 and the Southwest Quarter of the Southeast Quarter, Section 3, Township 133 North, Range 40 West, Otter Tail County, Minnesota, which lies to West 66.00 feet as measured perpendicular to and parallel with the following described line: O TRUNK HIGHWAY Har7&o IT) Commencing at the south quarter of said Section 3; thence North 00 degrees 29 minutes 52 seconds West along the north-south quarter line of said Section 3, a distance of 832.38 feet; thence North 89 degrees 31 minutes 01 seconds East, a distance of 404.54 feet to the point of beginning of the line to be described; thence South 10 degrees 50 minutes 45 seconds East, a distance of 50.23 feet; thence 23.31 feet southeasterly, along a tangential curve, concave northeasteasterly, having a radius of 117.00 feet, and a central angle of 11 degrees 25 minutes 01 seconds (chord bearing South 16 degrees 33 minutes 15 seconds East, chord distance 23.28 feet); thence South 22 degrees 15 minutes 46 seconds East, a distance of 271.24 feet; thence 63.65 feet southeasterly, along a tangential curve, concave southwesterly, having a radius 183.00 feet, and a central angle of 19 degrees 55 minutes 46 seconds (chord bearing South 12 degrees 17 minutes 52 seconds East, chord distance 63.33 feet); thence South 02 degrees 19 minutes 59 seconds East, a distance of 223.72 feet; thence 35.78 feet southeasterly, along a tangential curve, concave northeasterly, having a radius of 117.00 feet, and a central angle of 17 degrees 31 minutes 25 seconds (chord bearing South 11 degrees 05 minutes 42 seconds East, chord distance 35.64 feet); thence 35.78 feet southeasterly, along a reverse curve, concave southwesterly, having a radius of 117.00 feet, and a central angle of 17 degrees 31 minutes 25 seconds (chord bearing South 11 degrees 05 minutes 42 seconds East, chord distance 35.64 feet); thence South 00 degrees 09 minutes 45 seconds East, a distance of 54.93 feet to the north right of way line of State Trunk Highway Number 78, and there terminating. 2GI2.G3 N69°50'I5"EF.O.C. 51/4 CORNER Survey • Subdivision • Description • Consultant The sidelines of said easement shall be prolonged or shortened to terminate on the intersection of a line bearing South 89 degrees 31 minutes 01 seconds West from said point of beginning as the northerly termination and said north right of way line as the southerly termination. PROJECT NO; TI 33NR40WS3-2S7 CLIENT NAME: JACK ASHLEY LELWICA