HomeMy WebLinkAbout25000990266000_Variances_12-02-1998Variances
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Office of Coiimu Recorder
Comity Of Otter Tail
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THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
COURTHOUSE, FERGUS FALLS, MN 66537
(218) 739-2271
*** COMPLETE THIS APPLICATION IN BLACK INK U)^ooApplication Fee
Receipt Number
PROPERTY OWNER A^rjc
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BL> LAKE NAME L/L^
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DAYTIME PHONeU?/?^
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LAKE NUMBER LAKE CLASS
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TOWNSHIP NAME
/aPARCEL NUMBER FIRE/LAKE I.D. NUMBER
LEGAL DESCRIPTION
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TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback Structure Size Sewage System Cluster Misc.Subdivision
SPECIFY VARIANCE REQUESTED . ,
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pjao^ Ilimm. nrw(^I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE I^UIREMENTS'OF THE/SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO
CONTACl LANip & RESOURCE MANAGEMENT REGARDING THIS MATTER.
/
/ /IGNATURE OF PROPERTY OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
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December 2, t^98
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Dir iilhqnAccepted By Land & Resource
L & R Official/Date
/S. i? - 9^TimeDate Of Hearing T'.'So
Motion
Mark and Jane Kelly - Denied
Motion was made by John Everts, seconded by George Walter and unanimously carried, to deny the variance as
requested as no adequate hardship had been shown, the granting of the variance would establish precedence for this
lot and other lots to the south and a reasonable use of the applicant’s property exists without the granting of a
variance. It was noted that the applicants’ property contains no terrain or topography features that would justify the
granting of a variance.
r
h nChairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
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L R Official/Date
Copy of Application Mailed to Applicant And the MN DNR
bk 0198-001
291.306 • VtclOf Lundeen Co., Primers • Fergus Falls. Minnesota
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MEMO
OTTER TAIL COUNTY ATTORNEY
218/739-2271, Ext. 200
TO:OFFICE OF LAND & RESOURCE MANAGEMENT
FROM:DAVID J. HAUSER
DATE:7-23-01
Mark and Jane Kelly - Round Lake, Bonita BeachRE:
I have received a phone call from Simone Sandberg, attorney for Mark and Jane Kelly
(701-642-9042). I understand that there is a question of title resulting from some vacated roads
in the Bonita Beach Subdivision. Vacated roads are attached to adjacent properties. In this case,
apparently the road split the lot in question, and the entire road would be part of the lot.
Although the subsequent deeds do not state that the road is included in the lot, it is. Ms.
Sandberg will be providing a title opinion indicating that the Kellys have title to the entire lot
including the vacated road.
The vacation order is found in Book D of Judgments, page 217, and a subsequent filing of the
application for the order has been filed in Book S of Judgments, page 843, on record with the
County Recorder.
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fjeo KRAGNESS & SANDBERG, LTD.ATTORNEYS AT LAW
AMERICAN FEDERAL BANK BLILDING
615 NORTH 2ND AVENLE P.O. BOX 10
WAHPETON, NORTH DAKOTA 58074-0010
TELEPHONE 701-642-9042
FAX NLTVIBER 701-642-9045
DUAVE KRAGN'ESS SIMONE M. SANDBERG
July 19, 2001
Land & Resource Management
Otter Tail County Courthouse
121 W. Junius Suite 1230
Fergus Falls, MN 56537
Mark S. Kelly and Jane M. Kelly
Lots 3, 4 and 5, Block 2; and Lot 11, Block 3, Bonita Beach
Site Permit Request
Re :
Dear Sirs:
I have been requested to review the title of the above described
parcels and determine the record owners of title. Based on the
abstract information, the owners of record, including the portion
of the plat of Sand Beach Park, now Bonita Beach, known as Elm
Street, are Mark S. Kelly and Jane M. Kelly.
From a review of the title documents, it appears that by
Application dated August 29, 1925 and recorded in Book "S" of
Judgments at page 845 and subsequent Judgment dated February 4,
1926 and recorded in Book "D" of Judgments at page 217, all of Elm
Street which appeared in the plat of Bonita Beach, previously Sand
Beach Park, was vacated and according to the Judgment entered by
the District Court of the Seventh Judicial District, "the title to
said streets and driveway be and the same is hereby declared to be
in the owners of the lots adjoining upon said streets and driveway
so vacated." A copy of which is enclosed for your reference.
The title to the parcels remained in the name of Adam Starin until
his death when the parcels were transferred by Probate Deed to
Ralph Starin on August 5, 1944. Ralph Starin deeded his interest
to C. A. Boline, who in turn deeded his interest to Robert E.
Krause and lone M. Krause, the parties from who the Kellys obtained
title.
Minnesota Title Standard No. 57 addresses Vacated Streets and
Alleys as follows:
"When a conveyance of real property abutting a vacated
street, alley or other public right-of-way was dated on
or after April 21, 1939, or prior to the date the
vacation became a matter of record, a conveyance of such
V
Land and Resource Management
July 19, 2001
Page 2
real property which does not.include the abutting right-
of-way shall be construed to include the appurtenant.part
of such right-of-way. A conveyance of real property
dated after the vacation became a matter of record and
prior to April 21, 1939 should expressly include the
vacated right-of-way."
In the present case, all conveyances of the abutting real
property subsequent to the vacation have occurred after April 21,
1939 and in accordance with the above referenced Minnesota Title
Standard are construed to include the appurtenant part of such
right-of-way. Therefore, since Lots. 3, 4 and 5 of Block 2 and LOt
11 of Block.3 were previously dissected by Elm Street with portions
of each lot on each side of the street, the full title of ownership
of the vacated right-of-way and abutting parcels is in Mark S.
Kelly and Jane M. Kelly.
I have reviewed these materials with Otter; Tail County Attorney
David Hauser,' who concurs in. the determination that the conveyahce
of Lots 3, 4 and 5 of Block 2 and Lot 11 of Block 3 of Bonita’Beach
to the Kellys and their successors, included the appurtenant part
of the -vacated right-of-way. of Elm Street.
if you. should 'have any questions- or you -have any further title
issues arising concerning this site- permit, please contact . me
immediately.
Very truly yours.
Simone M.. Sandberg
For the firm
Enc.
Mark and Jane Kelly
David Hauser, Otter Tail County Attorneypc:
Recorded in Book D of Jdgments Page 217NATURE OF INSTRUMENT Certified Copy of Judgment FILEDDay rMonth-rYear i—Time—-Day-r-Month 4 Feb |1926|9;00AM 30 Jan
DATED Year-1926
STATE OF MINNESOTA
COUNTY OF OTTER TAIL
IN DISTRICT COURT
SEVENTH JUDICIAL DISTRICT
In the Matter of the Application of John R. Leach and others to vacate
Otter Tail Drive, Cherry Street, Park Street and Elm Street, in the Plat
of Sand Beach Park, Otter Tail County, Minnesota.
The petition of William Lincoln, Etta J. Lafitte, John R. Leach, R.E.
Lincoln, Mabel E. Moen, George E. Bell, Ida A. Field, Emelia H. Andrews,
George H. Rink, Ray T. Eames, Roy A. Baker, H.T. Eames, Ella B. Metcalf,
Lillian N. Barnard, Adam Starin, Addie B. Stowell, Martin Benson, S.F.
Massey, and Grace T. Lincoln, praying for an order vacating certain
Streets and driveways at Sand Beach Park, and the re-arrangement of Block
1 and Reserves 1, 2 and 3 thereof, and to have the name of Sand Beach Park
changed to Bonita Beach, being regularly upon the calendar for the
December, 1925, General Term of this Court, came for trial before the
Court, without a jury, at Fergus Falls, Minnesota, on the 30th day of
January, 1926, N.F. Field, Esq. appeared as attorney for the petitioners,
and there being no adverse appearance, and it appearing to the court that
notice of such application has been duly given, published and posted and
served in the manner required by law, and the court having considered such
petition and the evidence produced on behalf of the petitioners, finds as
facts that the petitioners are the owners of the real estate described in
said petition; that all the allegations and statements contained in said
petition are true in each and every respect as therein set forth and
alleged, and as conclusions of law that the prayer of said petition should
be granted.
It is Therefore Ordered, That the following streets in the plat of Sand
Beach Park, and the re-arrangement of Block 1 and Reserves 1, 2 and 3,
Otter Tail County, Minnesota, to-wit: All of Otter Tail Drive, all of
Cherry Street, all of Park Street, and all of Elm Street, be and the same
hereby vacated.
And it is further ordered, adjudged and decreed that the title to said
streets and driveway be and the same is hereby declared to be in the
owners of the lots adjoining upon said streets and driveway so vacated.
Ordered Further, that the name of the plat of Sand Beach Park be and the
same is hereby changed to Bonita Beach, by which name it shall be
hereafter known and designated.
/s/ William L. Parsons, District Judge
Copy certified to be true and correct by C.J. Sawbridge, Clerk of District
Court, by Emma Anderson, Deputy. (Seal)