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HomeMy WebLinkAbout25000990831000_Variances_10-10-2019Variances 2 Barcode 128 10 lD-201^ 1228601Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 10/25/2019 02:48 PM FEE; 46 received SEP 1 0 2019 a^.&resourci SCANNEDL&R Initial PHUES 4JHE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIA^te"REC'D: NO'- COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.ottertailcountymn.us 4. 'oco- “Application Fee Receipt Number 301*^ -COMPLETE THIS APPLICATION IN INK H J - in -1^Accepted By / Date DAYTIME PHONE ZiS-'^^0 • ong-g)PROPERTY OWNER O^bfggUuAr'fs IMkJCo ^ojVMAILING ADDRESS E-MAIL ADDRESS iv]&irk'<^chaf=>i^(c2 <5^ ^rv\at 1-Coyvo Si^v/eg LAKE CLASS l?bLAKE NAMELAKE NUMBER TOWNSHIP NAME £~VeeTSRANGE ZQTOWNSHIPSECTION Z I E-911ADDRESS N ^/4 gAPARCEL ^NUMBER 26cooqqo9'B>iCDQ LEGAL DESCRIPTION t) ^ D t!>esiOLQPfV)e>JT, Lot ^ TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size Cluster WECS Misc.Sewage System Subdivision SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: Saoeer.A^itl> HAklAf-^g>JT SECTION OF ORDINANCE: TH 4- a VARIANCE REQUEST:3o f-r \)A0iAKice IOc'oMwl S€T" 9Ac/<: 3(PecsuiGf^exiT to coAsTCbcT a I2V I2, l4 oiJ "TO ^T0JCTO0E lOlCL Q£ I p^(v\ TMe 0-1-IU3L./ I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANANCE AN/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. q-io-iq DATEOiFERTYvOWNER / AGENT FOR OWNER APPUGAN SIGNATURE OF PR T MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) OFFICE USE ONLY Date Of Board of Adjustment Hearing OoiphfK U-dO pn^Time Motion Mark Schoening - V^ariance Application Approved as Requested (6:57 p.m.) After consideration and discussion, Thomas Lee made a motion, second by Kenneth Vorderbrugen and unanimously carried, to approve the variance as requested to construct a 12’xl2' 3-Season Porch on the existing dwelling being 70’ from the ordinary high-water level and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management fK Yes (Contact Land & Resource Management) No Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR CL 01122019-001 368.804 • Victor Lundeen Co., Printers • Fergus Falls. MN • 1-800-346-4870 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US ' ■ -Kyle Westergard Asst. DirectorOTTiRTIIII GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Board of Adjustment Findings of Fact and Decision Applicant:Mark Schoening Address/Parcel No. 36100 N Silver Lake Rd / 25000990831000 Requested Variance: 30 Ft. variance from the 100' OHWL setback requirement to construct a 12' x 12' 3-Season Porch bn to existing dwelling. Structureiwill be 70' from the OHWL._______________________________ ^ __________ Otter Tail County Ordinance: X Shoreland Mgmt. Sanitation. Subdivision. Ordinance Section Citation: III. 4. A. WECS Dock & Riparian Use Setback Ord. A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the following criteria: The applicant identified the following practical difficulty; They are unable to meet setbacks as this is a substandard lot of record. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the generai purposes and intent of the officiai control? (The board shall consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because:• ‘ The 3-season porch does not encroach any closer to the lake than the existing structure. 2. Is the property owner proposing to use the property in a reasonabie manner not permitted by the officiai controi? (The . board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control). I ' X Yes, the property owner is proposing to use the property in a reasonable manner... No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: They are squaring off the existing structure and again to proposed is going no closer to the lake. 3. is the need for a variance due to the circumstances unique to the property not created by the iandowher? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this /otj have a feature that does not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created: by the landowner.... No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: It is an existing non-conforming structure. 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: Covering a portion of the existing deck with a 3-season porch wiii not impede anyoneis view. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the^request The fact that coming into compliance with the ordinance requirements may cost.considerably rrjore does not constitute a practical difficulty). X Yes, the need for the variance involves more than Just economic considerations.... No, the issuance of the variance is only for economic considerations... ...because: The addition is a minimai expansion of a non-conforming structure. the requested variance.The Otter Tail County Board of Adjustment: APPROVES__X.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: Octo oer10, 2019 Board of Adjustment Chair The Board of Ad ustment may impose conditions in the granting of variances. A condition must be directly related to and must bear, a rough proportionality to the inripact created by the variance. {Mitigating impervious surface with storm water management;deep rooted vegetative buffers, rain gardens, etc.) It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. The Board of Adjustment considered the following application(s) for variance: Wayne Erickson - Variance Application Approved as Requested (6:37 p.m.) Wayne Erickson, North 660’ of GL 2, Unnamed Lake (56-698) in Friberg Township requested the following: Shed A (Tan Shed) is approximately 135’ from the Lake (as measured on the computer). Required setback is 200’, requesting a 65’ Variance. Height is 23’, requesting a 3’ Variance. Shed B (Red Shed) is 22’ in height, requesting a 2’ Variance. Patio/Firepit is 305.5 sq. ft. in the SIZ. Requesting a 45.5 sq. ft. variance. Wayne Erickson, Property Owner and Nathan Seeger, Attorney represented the Variance. The audience was polled with no one speaking for or against the application. After consideration and discussion, Darren Newville made a motion, second by Steve Schierer and unanimously carried, to approve the variance as requested in the variance application dated September 17, 2019 and as depicted on the drawings submitted with the variance application. The approval is also based on the After the Fact Variance Addendum and Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. Dwight L. West, Et A1 - Variance Application Approved as Requested (6:45 p.m.) Dwight L. West, Et Al, Part of GL 2 & 3 Com El/4 Cor...(31.23 Acres), Dead Lake (56-393) in Dead Lake Township requested the following: Proposing to split a 125’ x 100’ Lot from Parcel No. 14000160129000 to be permanently attached to a Riparian Lot, Parcel No. 14000160129002. Proposing to have the lot be declared buildable for Non-Residential Structures only. A survey will be done upon Variance Approval. Ernest M. West represented the Variance. The audience was polled with no one speaking for or against the application. After consideration and discussion. Rod Boyer made a motion, second by Thomas Lee and unanimously carried, to approve the variance as requested to split a 125’ x 100’ Lot from Parcel No. 14000160129000 to be permanently attached to a Riparian Lot, Parcel No. 14000160129002 and be declared buildable for Non-Residential Structures only based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. Anita & John Stoering - Variance Application Approved as Requested (6:50 p.m.) Anita & John Stoering, Part of GL 3 Com Sl/4 Cor...(6.00 Acres), Unnamed Lake (56-319) in Dead Lake Township requested the following: 1 am requesting a variance to be 75 feet from the OHWL. Recently the wetland has been reclassified as part of lake and can no longer meet the 200 feet setback. Reclassification happened within the last year. Total impervious in the shore impact zone will be 650 sq. ft. John Stoering represented the Variance. The audience was polled with no one speaking for or against the application. After consideration and discussion, Steve Schierer made a motion, second by Darren Newville and unanimously carried, to approve the variance as requested to build 75’ from the ordinary high-water level and allow the impervious surface coverage to be 650 sq. ft. in the shore impact zone and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. It was noted that they are building as far away as they can and the DNR reclassified the wetland as part of the lake. Mark Schoening - Variance Application Approved as Requested (6:57 p.m.) Mark Schoening, Lot 6 of D&D Development, Silver Lake (56-302) in Everts Township requested the following: 30 Ft. variance from the 100’ OHWL setback requirement to construct a I2’xl2’ 3-Season Porch on to existing dwelling. Structure will be 70’ from the OHWL. Board of Adjustment October 10, 2019 Page I 4 Mark Schoening Continued Mark Schoening represented the Variance. The audience was polled with Gary Nelson speaking in favor of the variance as requested. After consideration and discussion, Thomas Lee made a motion, second by Kenneth Vorderbrugen and unanimously carried, to approve the variance as requested to construct a 12’xl2’ 3-Season Porch on the existing dwelling being 70’ from the ordinary high- water level and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. Jeff & Kaley Mari - Variance Application Approved as Requested (7:07 p.m.) Jeff & Kaley Mari, Lot 22 of Little McDonald Estates, Little McDonald Lake (56-328) in Edna Township requested the following: I am requesting a 10 ft. variance (10 ft. setback) from the road right-of-way off of Pintail road/cul-de-sac, for the construction of a 30’x40’ non dwelling garage. 1 would like to attach this garage to my existing 20’x22’ garage. Jeff Mari represented the Variance. The audience was polled with no one speaking for or against the application. After consideration and discussion, Douglas Larson made a motion, second by Kenneth Vorderbrugen and carried with Steve Schierer voting no, to approve the variance as requested to construct a 30’x40’ addition to my detached garage being 10’ from the road right of way and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. It was noted that his impervious surface is well under the required 25%, the layout of the cul-de-sac and it is the only reasonable spot to add additional structures to the property to gain more storage space. Scott & Sally Askelson - Variance Application Approved with Conditions and Deny the Height (7:23 p.m.) Scott & Sally Askelson, Survey Lots of GL 10, Scalp Lake (56-358) in Hobart Township requested the following: Requesting a Variance of 6’ to be 14’ from the road right-of-way for a detached garage. The required setback is 20’. Requesting a Variance of .98’ to have a height of 20.98’ on the detached garage. Required height restriction on a non-dwelling is 20’. Sally Askelson represented the Variance. The audience was polled with Gregory Olson speaking against the variance as requested, questioning the impervious surface of the lot as there are items that are on the property which are not listed on the impervious surface calculation worksheet and there is not a 2 story structure on any property adjacent to the Askelson’s property, and by granting the variance will change the character of the properties along that road. After consideration and discussion, Darren Newville made a motion, second by Rod Boyer and unanimously carried to approve the variance with the following conditions: 1. That the proposed detached garage will need to be 16’ from the road right of way; 2. Deny the proposed height (20.98’) of the detached garage because the property owners can lower the pitch of the roof and by doing so this will allow them to meet the 20’ height restriction, the height cannot exceed 20’; and 3. The impervious surface coverage can not exceed 25% coverage on the property, this will need to be verified prior to issuing the permit. The variance is also granted based on the Findings of Fact and Decision Fonn, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. Lynn Runck & Kreig Nelson - Variance Application Approved as Requested (7:39 p.m.) Lynn Runck & Kreig Nelson, Lot 15 &Vac Rd of Pickerel Lake Dev., Pickerel Lake (56-475) in Maine Township requested the following: Proposing to enclose an existing 10’x20’ patio being 64’ from the Ordinary High-Water Level. Also proposing to replace an 8’xlO’ portion of the existing dwelling on the lake side being 65’ from the Ordinary High-Water Level. Required setback is 100’. Please note that Land & Resource Management was onsite on September 11,2019 to verify the lake setback numbers, the inspector noted the Irregular/Angled Shoreline. Lynn Runck & Kreig Nelson represented the Variance. The audience was polled with no one speaking for or against the application. After consideration and discussion, Kenneth Vorderbrugen made a motion, second by Thomas Lee and unanimously carried to approve the variance as requested to enclose and existing 10’x20’ patio and replace the existing 8’xlO’ portion of the existing dwelling being 65’ from the ordinary high-water level. This decision is based on the Findings of Fact and Decision Form, which Board of Adjustment October 10, 2019 Page I 5 LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY- MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Goneern: Mark Schoening 1I9485 County Hwy 39 Underwood MN 56586 P j Has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Managernent Ordinance, the Otter Tail County Set Back Orldinance, the Subdivision Controls Ordinance of Otter TairCounty, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, October 10, 2019 at 6:00 p.m. in the Commissioner's Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) Individuals requiring special accommodations'should contact the Otter tail County Land & Resource Management office prior to the date of the public hearing. Written correspondence will be received up until 12:00 p.m./noon the day prior to the public hearing date. ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p:m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Parcel No.- 25000990831000 Lot 6 - D & D Development Section 21, Township 133, Range 40 Township Name - Everts Lake Name/Number/Class: Silver (56-302), Recreational Development (RD) Property Address: Legal Description: 36100 N Silver Lake Rd, Battle Lake MN 56515 The variance requested is the following: 30 Fjt. variance from the 100' OHWL setback requirement to construct a 12' x 12' 3-Season Porch on to existing dwelling. Structure will be 70' from the OHWL. Amy Busko Board of Adjustment Secretary September 26, 2019 ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 i !I(■ii1'II-i!!1 trSCALE DRAWING FORM -r-r-i r-i I !'• ! r r-r-:-: t' r-r- ~ ■ j-i--t- i > i.i-T I .1 1 t 4 i t2SQQOq^Qfi3lQOQ Tax Parcel Number(s).....i The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). 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IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): _n^_000_^as_R^ CTC ^ Other Impervious SurfaceBuildings Existing Proposed Existing Proposed Ft^Ft^Ft^ Dwelling Deck(s)144- Attached Garage Patio(s) Detached Garage Sidewalk(s)~7bfi Storage Shed Landing(s) WOAS Driveway(s) RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous i44-925TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^Ft^f3Total Buildings 9,.a.a %Kd^O144-163b»n,OQQ 100+X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^Ft^Ft I44-2boq24b^.l334-"/o^n.ooo 100+-i-X Impervious Surface Calculation Worksheet 04-11-2016 OjlOlciSignature: Date OTTER TAIL COUNTY Fergus Falls, Minnesota STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL ) I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 26th day of September, 2019 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment; Property Owner Township Clerk Lake Association Roland Mann, Clerk Everts Township 27234 ShS*" Ave Battle Lake MN 56515 Silver Lake Association Don Halverson 36707 N. Silver Lake Rd Battle Lake MN 56515 Mark Schoening 19485 County Hwy 39 Underwood MN 56586 City Clerk (if located within 2 miles of a city) City of Battle Lake, Val Martin, Clerk, PO Box 386, Battle Lake MN 56515 Lake Improvement district (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 'onald. Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 Pelican, l^§h, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 BiAMcDon&ld:UJ^ Devil^ (f^ar Perham): Little Little mne & Big Pine: South Turtle Lake: Otter Tail County COLA, 4302 13'^ Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotto, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537 Doard of Adjustment Members: Ken Vorderbrugen, 20901 County Hwy 65, Henning MN 56551 R. Stephen Schierer 32117 260"^ Ave, Erhard MN 56534 Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 6"^ St NE, Perham, MN 56573 Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537 Planning Commission Member: Rod Boyer - 51127 E Wymer Lake Rd, Frazee MN 56544 By placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed above and/or listed in the attachment.Number of Notices & Envelopes TO Print FileDated: September 26, 2019 Extra 'I_______ BOA Members ^ PC Member Envelopes _ TOTAL NOTICES TO PRINT r~| Added to Agenda Map I I Print out Findings of Fact Sheet Newspapers h) Amy Busko, Secretary Otter Tail County Board of Adjustment 1 MinutesBy: Amy Busko ^7 4- l:\BOA\Affidavits\Schoening (302) 10-10-19.docx Buffer Parcels Addr 1 Addr2 Citv St ZiDParcel No Name 2Name 1 AvonSD 57315 0148PO Box 14825000200112000 Kim D Berg 1st Avon SD 57315 0148PO Box 14825000210119000 Kim D Berg Tst Minneapolis MN 55447 174525000210119001 Tiffany Alstead & Evan Molde 3035 Kimberly Ln N Battle Lake MN 56515 9115Donald H Stueve 36048 Silver Lake Rd N25000210119002 Fergus Falls MN 56537 396125000210119003 Dwight & Sherrie Miller 2823 Bayview Heights Dr Fergus Falls MN 56537 182125000990826000 Chad Pratt Nelson Et Al 726 Summit Ave W Battle Lake MN 56515 911525000990828000 Robert D & Sydney E Hanson 36078 Silver Lake Rd N Hope ND 58046 901025000990829000 Theodore S & Elizabeth Johnson 13379 11th StSE Battle Lake MN 56515 911525000990830000 Jame W & Phyllis E Behrends 36096 Silver Lake Rd N Underwood MN 56586 950819485 County Highway 3925000990831000 Mark & Tracy Schoening Tsts Battle Lake MN 56515 0545Gerald F & Carol L Neuman25000990832000 PO Box 545 Fergus Falls MN 56537 4438Gloria June NewborgTrupka 1948 Oakwood View25000990833000 Fergus Falls MN 56537 481425000990834000 M Gene & Mary L Donley 1124 Village ClrApt212 Battle Lake MN 56515 911525000990835000 Terry Abram & Nancy Standal 36154 Silver Lake Rd N Minneapolis MN 55447 174525000990836000 Tiffany Alstead & Evan Molde 3035 Kimberly Ln N Battle Lake MN 56515 911525000990837000 Donald H Stueve 36048 Silver Lake Rd N Page 1 of 1Mondav, Seotember 23, 2019 Buffer Mail City, State, ZipAddress i Address 2Name Terry Abram & Nancy Standal 36154 Silver Lake Rd N Battle Lake MN 56515 9115 Jame W & Phyllis E Behrends 36096 Silver Lake Rd N Battle Lake MN 56515 9115 Chad Pratt Nelson Et Al Fergus Falls MN 56537 1821726 Summit Ave W M Gene & Mary L Donley 1124 Village CirApt212 Fergus Falls MN 56537 4814 Robert D & Sydney E Hanson Battle Lake MN 56515 911536078 Silver Lake Rd N Theodore S & Elizabeth Johnson 13379 11th StSE Hope ND 58046 9010 Kim D Berg Tst PO Box 148 Avon SD 57315 0148 Mark & Tracy Schoening Tsts 19485 County Highway 39 Underwood MN 56586 9508 Dwight & Sherrie Miller 2823 Bayview Heights Dr Fergus Falls MN 56537 3961 Gerald F & Carol L Neuman Battle Lake MN 56515 0545PO Box 545 Donald H Stueve 36048 Silver Lake Rd N Battle Lake MN 56515 9115 Tiffany Alstead & Evan Molde 3035 Kimberly Ln N Minneapolis MN 55447 1745 Gloria June Newborg Trupka 1948 Oakwood View Fergus Falls MN 56537 4438 Monday, September 23, 2019 Page 1 of 1 1159417i No delinquent taxes and transfer entered; Certificate of Reai Estate Vaiue I ) fiied ( not required. Certificate of Real Estate Value No.^ _ CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 06/04/20is 11:51 AM FEE: 46.00 PAGES 19 WELL CERTIFICATE REC'D: N :CN *^CDcn IX) CO (Year)o Wayne Stein, County Auditor ICO ryooo/z 00{/f00tm WARRANTY DEED Individual to Trustees '3Sf«y ;j I STATE DEED TAX DUE HEREON: $ll65 g3-/7- /g-Dated: FOR VALUABLE CONSIDERATION, MARK A. SCHOENING and TRACY J. SCHOENINGi huslaand and wife. Grantors, hereby convey and warrant to:■-6; MARK A. SCHOENING AND TRACY J. SCHOENING,! TRUSTEES, OR [their successors in trust, under the MARK A. SCHOENING REVOCABLE LIVING TRUST DATED THE 5TH DAY OF INARCH, 2013, AND ANY AMENDMENTS THERETO; and A.1 i TRACY J. SCHOENING AND MARK A, SCHOENING,: TRUSTEES; OR [their SUCCESSORS IN TRUST,- UNDER THE TRACY J. SCHOENING REVOCABLE LIVING TRUST DATED THE 25TH DAY OF INARCH, 2013, AND ANY AMENDMENTS THERETO, B. Grantees, real property in Otter Tail County, Minnesota, described as follows: See Exhibit A.-• COUNTY OF OTTER TAiL STATE OF MINNESOTA deed tAX $ t.toC number, uiu-11 Otter Tail County', Minnesota 1159417 1 of-19 r Together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions; easements, restrictions, reservations and covenants of record. Mark A. Schoening.^ \LSc.Tracy Jlpchoining 3 STATE OF MINNESOTA ) ) ss. COUNTY OF OTTER TAIL ) The foregoing instrument was acknowledged before me this 20/V7by MARK A. SCHOENING and TRACY J. SCHOENING, husbandand wi^Ofi of antors. TvVh'iTF-N MOVX : Notary Public THE TOTAL CONSIDERATION FOR THIS TRANSFER IS $500.00 OR LESS. Tax statements for the real property described in this instrument should be sent to: MARK A. SCHOENING and TRACY J. SCHOENING, Tr 19485 Cty Hwy 39 Underwood, MN 56537 PSR&K Substitute Form 1099-S Not Needed This instrument was drafted by: Nicholas J. Heydt THE PEMBERTON LAW FIRM PEMBERTON, SORLIE, RUFER & KERSHNER, PLLP 1 ION Mill St-Fergus Falls, MN 56537 Telephone: 218-736-5493 - www.pemlaw.com NJH:smb/2013-2651 2 ■'■'tter Tail County, Minnesota 1159417 2 of 19 r T i . Exhibit A to Mark & Tracy Schoening WD EXHIBIT A Lot Six (6), Block One (1), D & D Development. [Tax Parcel No. 25000990831000] Document No. 1115598 - Platted Tract AND All of Government Lot 2, aH of Government Lot 3, that part of the Southeast Quarter of the Nor^west Quarter^ that part of the Northeast Quarter of the Northwest Quarter and that partjOfGovemmeritLotl.allln Section 16, Township 132, Range 40, Otter Tail County. Minnesota, which lies southerly of the foOoiwing described line: Cornmendng at the Northwest comer of said Section 18; thence South 00*11*27” East (bearing is based Otter Tail County, Coordinates -1996Adjustment) along the west Kne of said Section 18, a distance of 380.67 feet to the point of beginning of the line to be des^bed; thence| North 89*48*33* East a distance of 96.09 feet; thence North 45*31*16” East a distance o^:477.30 feet; thence South 82*02*28" East a distance of 637.82 feet; therice South 68*2r43* East a distance of 235.22 feet; thence South 86*39*08” East a distance of873.1^ feet to the east line of said Northeast Quarter of the Northwest Quarter and| there terminating. EXCEPT that part of the Southeast Qua'rter of the Northwest Quarter. Section 18. Township 132, Range 40. Otter Tail County, ^finne8ota, descrtt>edas fbik^: I Coinmencing at the northwest comer of said Section 18; thence South 00*11*27” East (be^ng is based bn Otter Tail County Coordinates -1996 Adjustment) along the west line of said Section 18i a distance of 2237.98 feet; thence North 89*46*33" East a distance of 917:40 feet to the point of beginning' of the land to be described; ther)oe North 03*37*56" East a distance of251.94 feet; thence North 84*44*31* East a distance of 1267.06 feet to the east line said Southeast Quarter of Oie Northwest Quarter; thence South 01 *27*14" East along said Mst line, a distance of 777.70 feet to the southeast comer of said SoutheastOuarteijof the Northwest Quarter; thence North 89*44*44” Westalong the south line |of said Southeast Quarter of the Northvyest Quarter, a distance of 1323.08 feet to the souttiwest comer |of said Southeast Quarter of the Northwest Quarter; thence North 03*3r56" East a distance of404.83 feet to the point of beginning. Said excepUon contains 21.24 acres more or less.Coritainlng 129.21 acres more or less. Subject to easements and reservations of record, if ariy. Subject to an easement for ingress and egress purposes, over, under and across that part of Government Lot 2 and that part of the Southeast Quarter of the Northwest Qu^r, Section 18. Township 132; Range 40. Otter Tali County. Minnesota, being strip of iand Mng 16.50 feet on each side of the foHowkio described centerline: Cornmendng at tiie Northwest comer of said Section 18; thence South 00*11*27" East (bearing is based bn Otter Taii cbunty Coordinates -1996 Adjustment) along the west line of said Section 18l a distanceof 2237.98 feet to the point of beginning of the centerline to be described; therice North 89*48*33* Easta distance of 917.40 feet and there terminating. At the point of beginnbig of said centerline, the sidelines of said easement shall be shohened to terminate on the easterly right-of-way line of 345th Avenue. At the point of terrnination of said centerline, the sidelines of said easement shall be extended or shortened to terminate on a line which bears North 03*37*56" East and on a straight line oonnecting said point of termination with the southwest comer of said Southeast Quarter • ••! .... . -1.of the Northwest Quarter. f [Tax Parcel No. 10000180118001] Document No. 1054927 | Clitherall 1 Otter Tail County, Minnesota T'i59417 3 of 19 Exhibit A to Mark & Tracy Schoening WD AND The Northwest Quarter of the Southwest Quarter (NWViSWVi) of Section Seventeen (17), and the East Half of the Southeast Quarter {EY2SEV4) of Section Eighteen (18) Township One Hundred Thii)y-two (132), Range Forty-one (41), EXCLUDING HIGHWAY AND EXCEPT THE FOLLOWING-DESCRIBED TRACT, TO-WIT: That part of the Northeast Quarter of the Southeast Quarter of Section 18. Township 132 Nohh, Range 41 West, together with that part of the Northwest Quarter of the SoiMhwest Quarter of Section 17. Township 132 North, Range 41 West all In Otter tail County, Minnesota described as follows: Commencing at the East Quarter Section Comer of said Section 18; thence South (Assumed Bearing) along the East Line of said Section 18 a distance of 524L95 feet; thence North 87 degrees|i12 minutes 58 seconds East a distance of 63.65 feet to the point of beglnnkig; thence South 00 degrees 26 minutes 00 seconds West a distance of 265.66 feet; thence North 86 degrees 37 minutes 05 seconds West a distance of 1037.21 feet; thence on a bearing of North a distance of 154.32 feet; thenbe North 87 degrees 12 minutes 58 seconds East a distance of 1038.65 feet to th^ point of beginning. Containing 5.00 Acres, more or less. Together with a 33.00 foot Easement for Ingress and Egress purposes. The centerline of said Easement is described a follows: Commencing at the East Quarter Section Comer of said Section 18, said point being on the centerline of County Road Nurnber 36; thence South 89 degrees 36 minutes 17 seconds East along said oenterijne a distance of 254.31 feet to the point of beginning of the centerlirie to be dMcribed; thence South 00 degrees 08 minutes 46 seconds West a distanoe of 546.53 feet; thence southwesterly along a tangential curve coni^e to the northwest a distance of 158.32 feet, said curve having a central angle of 77 degrm 37 minutes 57 seconds and a Radius of 116.85 feet; thence South 77 degrees 46 minutes 37 seconds West tangent to the last described curve a distanoe lof 100.74 feet to the East Line of the afore described parcel of land and said centerline there terminating. The sidelines of said Easement are to be lengthened or shortened to terminate on the East Line of the afore described par^i of land anid the Southerly Right-of-Way Line of County Road Number 39. ; ! [Tax Parcel Nos. 58000)70125001 & 58000180128001] Document No. 1070708 less 1113604 | Tordenskjold AND 2 V ; Otter Tail County, Minnesota 1159417 4 of 19 ! -i'. Exhibit A to Mark & Tracy Schoening WD That part of the Northeast Quarter of the Southeast Quarter of Section 18. Township 132 North. Range 41 West, together with that part of the Northwest Quarter of the Southwest Quarter of Sec^n 17, Township 132 North. Range 41 West all in Otter Tail County, Minnesota described as follows: Commencing at the East Quarter Section Comer of said Section 18; thence South (Assumed Bearing) along the East Line of said Section 18 a distance of 524.95 feet; thence North 87 degrees 12 minutes 58 seconds East a distance of 63.65 feet to the point of beginnbig; thence South 00 degrees 26 minutes 00 seconds West a distance of 265.96 feet; thence North 86 degrees 37 minutes 05 seconds West a distance of 1037.21 feet; thence on a bearing of North a distance of 154.32 feet; thence North 87 degrees 12 minutes 58 seconds East a distance of 1038.65 feet to the point of beginning. Containing 5.00 Acres, more or less. Together with a 33.00 foot Easement for ingress and Egress purposes. The centerline of said Easement is described a follows: Commencing at the East Quarter Section Comer of said Section 18, said point being on the oenteriine of County Road Number 39; thence South 89 degrees 39 minutes 17 seconds East along said oenteriine a distance of 254.31 feet to the point of beginning of the centerline to be described; thence South 00 degrees 08 minutes 46 seconds West a distance of 546.53 feet; thence southwesterly along a tangential curve concave to the northwest a distance of 158.32 feet, said curve having a central angle gI Tt degrees 37 minutes 57 seconds and a Radius of 116.85 feet; thence South 77 degrees 46 minutes 37 seconds West tangent to the last described cunre a distance of 100.74 feet to the East Line of the afore described parcel of land arrd said oenteriine there tenninating. The sidelines of said Easement are to be len^ened or shortened to terminate on the East Line of the afore described parcel of land and the Southerly Right-of-Way Line of County Road Number 39. [Tax Parcel Nos. 58000170125000 & 58000180128000] Document No. Ill 3604 j Tordenskjold AND All that part of the SW1/4 of Section 8. Township 132, Range 42, lying South of the Public Highway running East and West across said SW1/4, more particularly described as follows, to>wit: Beginning at the Southwest comer of SMtion 8, Township 132, Range 42. thence East on the section line 2716 feet to the quarter section comer; thence North along the center line of the Tordenskjold and Dane Prairie road 532 feet; thence North 65 degrees West 12701/2 feet; thence North 57 1/2 degrees West 736 feet; thence North 66 degrees West 10081/2 feet to Section line between Section 7 and 8, thence South on said Section line 1831 feet to place of beginning, excepting therefrom a strip of land 3 rods wide along the west side of said tract, Otter Tall County, Minnesota [Tax Parcel No. 13-000-08-0046-000] Document Nos. 1153157 & 1153524 [ Dane Prairie .i ■3 'A •'/■ter Tail County, Minnesota 1159417 5 of 19 Exhibit A to Mark & Tracy Schoening WD AND PARCEL B-C: I That of Goveimnent Lots Three (3), Four (4), Seven (7) and Eight (8), that part of ^e Northwest Quarter of the: Southeast Quarter (NW^ASEV^) and ^t part of the Northeast Quarter of the Southwest Quarter (NEViSWV5), Section Twelve (12), Township One Hundred and Thirty-two (p2), Range Forty-two (42), Otter Tail douhty, described as follows; vj; Commencing at the Southeast comer of said Section Twelve (12); thence North 67®50'26" West (for descriptive purposes only the East line of said Section Twelve (12) bears North 00®33’26" West) a distance of 2,733.55 feet; thence North 76®47T7” West a distance of 603.56 feet to a point hereinafter referred to as Point B; thence North 17*’59'32" East a distance of 344.22 feet; thence South 74®45'42" East a distance of 514.92 feet; dience North 11®07'47" East a distance of 384.77 feet; thence North 01®58T3” East a distance of 445.44 feet; thence South 82®07T6” West a distance of 164.70 feet; thence North 00®45'39’' West a distance of 1,169.65 feet; thence South 87®03'24" East a distance of 1,276.22 feet; thence North 00®4r55" West a distance of 911.62 feet to the point of beginning of the land to be described; thence Soudi 00®41'55" East a distance of 911.62 feet; tiience South 00®39'40" E^ a distance of 576.83 feet to the Northeast comer of said Northwest Quarter of the Southeast Quarter (NW*/4SE14); thence South 00®39'40" East along the East line of said Nordiwest Quarter of the Southeast Quarter (NW14SE*/4) and along the East line of said Government Lot Seven (7), a distance of 2,201.53 feet; thence Nordi 66®11'34" West a distance of 1,214.93 feet; thence northwesterly, on a tangential curve concave to the Southwest, having a radius of 1,432.39 feet and a delta angle of 10®35'43", for an arc distance of 264.88 feet; thence North 76®4717" West a distance of 470.74 feet to the aforementioned Point B; thence continuing North 76®47'17" West a distance of 808.92 feet to the West line of said Government Lot Eight (8); thence North 01®09*08" West along said West line and along the West line of said Northeast Quarter, of the Southwest Quarter (NE‘/4SW‘/4), a distance of 1,428.99 feet to the NorthAyest comer of said No^east Quarter of the Southwest (Quarter (NE'^SWVi); thence Soudi 87®56'05" East along the North line of said Northeast Quarter of die Southwest Quarter (NEV^SWV^), a distance of 1,314.04 feet to the center of said Section Twelve (12); thence North 00®45'39" West along the West line of said Govemm^t Lot Four (4), a distance of 1,244.00 feet more or less, to the shoreline of Stang Lake; thence easterly, southeasterly and northeasterly, along said shoreline to the intersection with a line which bears South 89®10T2'* West &om the point of beginning; thence North 89®10T2" East a distance of 177.00 feet more or less, to the point of begmning. 4 0*^er Tail County, Minnesota 1159417 6 of 19 T I.> Exhibit A to Mark & Tracy Schoening WD i EXCEPT THE FOLLOWING DESCRIBED TRACT: That of Government Lot Eight (8), that part of the Northwert Quarter of the Southed Quarter (NW‘/iSE‘/4) and ±at part of the Northeast Quarter of the Soi^west Quarter ^^ViSWVi), Section Twelve (12), Township One Hundred and Thirty-two (132), Range Forty-two (42), Otter Tail County, described as follows; ; I'. Coi^ehcing at the Southeast comer of said Section Twelve (12); thence North 67®50'26" West (for descriptive purposes only the East line of said Section Twelvb (12) bears North 00^33'26” West) a distance of 2,733.55 feet; thence North 76®47'17" West a distance of 603.56 feet to tiie point of beginning of the land to be described; thence North 17®59'32" East a distance of 344.22 feet; thence South 74?45'42" East a distance of 205.07 feet; thence North 56®59'49" Eas^ a distance of 430.60 feet; thence North 11®07'47" East a distance of 62.74 fee^ thence North 01®58'13" East a distance of 203.58 feet; thence North 70®p9'26'' West a distance of498.62 feet to a point hereinafter referred to as Point A; thence South 88®53'06" West a distance of 142.95 feet; thence South 27®45'05" Wek a distance of 147.32 feet; dience Soudi 08®29T1" East a distance of 478.31 feet; thence South 17®59'32" West a distance of 345.39 feet to the intersection with a line whicli bears North 76®47'17" West from the point of beginning; thence ; 1 [Legal description continued on next page] •; 5 Otter Tail County, Minnesota 1159417 7 of 19 '•1 '( I i Exhibit A to Mark & Tracy Schoening WD ; South 76*47'17" East a distance of 33.12 feet to the point of beginning. Said exception contains|!7.93 acres more or less. Containing 129.72 acres more or less. Subject to County Road No. 124 right-of-way easement. Together with an easement for ingress and egress purposes, over and across that p^ of Government Lot Eight (8) and that part of the Northeast Quarter of the Southwest Quarter (NE‘/<*SWV4) Section Twelve (12), Towndiip Oiie Hrmdred and Thiity-two (132), Range Forty-two (42), Otter Tail County, which lies 20.00 feet to the riglit of and adjoining the following described line: Commencing at the aforementioned Point A; thence South 70°09'26" East a distance of 55.91 feet to the point of beginning of thelline to be described; thence South 88“53'06" West a distance of 183.36 feet; thence South 27°45'05" West a distance of 128.97 feet; thence South 08°29'II" East a distance, of 105.24 feet; tlience southerly, on a tangential curve concave to the East, having a radius of 115.00 fi^ and a delta angle of 23®48'39", for an arc distance of 47.79 feet to a point of reverse curvature; thence southerly, on a tangential curve concave to the West, haying a radius of 301.00 feet and a delta angle of 26°39'01", for an arc distance of 140.00 feet; thence South 05"38'49" East a distance of 102.90 feet; thence southerly, on a tangential curve concave to the West, having a radius of 195.50 feet and a delta angle of 24*’jl2'24", for an [arc distance of 82.60 feet; thence South 18‘*33'35" West a distance of 301^.74 feet to the northerly right-of-way line of County Road No. 124 and there terminating. At the point of termination of said line, the westerly sideline of said easement shall be extended to terminate on said northwly right-of-way line of County Road No. 124. ;1. [Tax Parcel No. 13000120069003] Document No. 1! 137171 Dane Prairie : AND 6 Otter Tail County, Minnesota 1159417 8 of 19 Exhibit A to Mark & Tracy Schoening WD All that part of Government Lot 7, Section 12, Town^p 132, Range 42,^jOtter Tail County, Minnesota described as follows; Commencing at the southeast comer of said Section 12; dience Noith 67 degre^;50 minutes 26 seconds West (for descriptive purposes only the east line of said Section 12 bears North 0 degrees 33 minutes 26 seconds West) a distance of2733.55 feet; thence Nmrth 76 d^ees 47 minutes 17 seconds West a distance of283.82 feet, being a point on the centerline of County State Aid Highway No. 124; thence South 76 degrees 47 minutes 17 seconds East along said coiterline, a distance of IS1.00 feet; thence southeasterly along said centerline, on a tangential curve, concave to the southwest, having a radius of 1432.39 feet and a central angle of 10 degrees 35 minutes 43 seconds, for an arc distance of 264.88 feet; tlwncc South 66 degrees 11 minutes,34 seconds East along said centerline, a distance of 30.(X) feet to the point of beginning of the land to be described; thence continuing South 66 degrees 11 minutes 34 seconds East along said centerline, a distance of 359.07 feet to the northerly ext»)sion of the westerly line of a tract of land described in Book 529 of Deeds, page 143, files of Otter Tail County Recorder; thence South 1 degree 43 minutes 34 seconds West along said westerly line and its northerly extension, a distance of 319.13 feet to an angle point in said westerly line; thence South 0 degrees 22 minutes 07 seconds West along said westerly line, a distance of233.04 feet to an angle point in said westerly line; thmee South 0 degrees 00 minutes 43 seconds West along westerly line, a distance of 141.80 feet to the south line of said Section 12; thence North 86 degrees 29 minutes 35 seermds West along said south line, a distance of 42 feet more or less to the shoreline of an unnamed lake, designated as lake nor56-630; thence northwestra*ly along said shoreline to the intersection widi a line which bears South from the point of beginning; thence on a bearing of North a distance of727 feet more or less to the point of beginning. Containing 5.30 acres more or less. Subject to County State Aid Highway No. 124. [Tax Parcel No. 13000120069006] Document No. 9292851 Dane Prairie AND 7 i',' '..'•tter Tail County, Minnesota 1159417 9 of 19 Exhibit A to Mark & Tracy Schoening WD Government Lots Five (5) and Six (6), and the West Half of the Southwest Quarter (W^/^ SW%) of Section 12, Township 132, Range 42. Otter Tail County, Minnesota, except that part of said West Half of the Southwest Quarter described as follows: Beginning at the Southwest comer of said Section 12; thence North West (bearing is based on Otter Tail County Coordinates-1096 Adjustment) along the West line of said Section 12 a distance of 1,477.79 feet to the center line of County Road No. 124; thence easterly along said center line on a nontangential curve, concave to the South, having a radius of 1,144.94 feet, a delta angle of 05*50*40" and a chord bearing of South 79*00*41" East, for an arc distance of 116.79 feet to a point of tangency in said center line; thence South 76*05*21" East along said center line a distance of 1,228.97 feet to the East line of said West Half of the Southwest Quarter (WV5 SW%); thence South 00*27*07" East along said East line a distance of 1,165.15 feet to the Southeast comer of said W^t Half of the Southwest Quarter (W’/4 SW>4); thenoe North 89*46*17" West along the South line of said West Half of the Southwest Quarter (W!4 SW%) a distance of 1,296.31 feet to the point of beginning. (Tax Parcel No. 13000120070001] [)ocumcnt No. 11014001 Dane Prairie AND The We^ Half of the Southeast Quarter (W1/2 SE1/4) of Section Fourteen (14), Township One Hundred Thirty-three (133) North, Range Forty-two (42) West of the Fifth Principal Meridian, Otter Tail County, Minnesota EXCEPT All that part of the Southwest Quarter of the Southeast Quarter, Section 14, Township 133, Range 42, Otter Tail County, Minnesota, described as follows; Beginning at the South Quarter comer of said Section 14; then;;;9 North 00 d^ree 28 minutes 32 seconds East (bearing is based on Otter Tail County coordinates-1996 adjusbnent) along the west line of said Southwest Quarter of the Southeast Quarter, a distance of 1^3.84 feet to the northwest comer of said Southwest Quarter of the Southeast Quarter; thenoe South 89 degrees 43 minutes 57 seconds East along the north line of said Southwest Quarter of the Southeast Quarter, a distance of484.93 feet; thence South 04 degrees 50 mmutes 11 seconds West a distarxte of 1328.S6'feet to the south line of said Section 14; thence North 89 degrees 39 minutes 27 seconds West alor^ said south line, a distance of 383.92 feet to the point of beginning. Containing 13.21 acres more or iess. Subject to County State Aid Highway No. 18 over the south 50.00 feet thereof. Subject io easements aixl reservations of record, if any. AND 8 ‘.■' otter Tail County, Minnesota t;!.59417 10 of 19 ..i' • Exhibit A to Mark & Tracy Schoening WD The ^utheast Quarterj of the Northeast Quarter (SE1/4 NE1/4) arui Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1/4) of Section Fourteen (14), Township One Hundred Thirty-three (133) North, Range Forty-two (42) West of the Fifth PrindpaLMetidian, situated in the County of Otter Tail and the State' of Minnesota, ex^pt all that part of the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4) of Sedion Fourteen (14), Township One Hundred Thirty-three (133), Range Forty-two (42), described as foaows: Commencmg at the Southwest comer said Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4); thence oni an assumed bearing of North 00 degrees 50 minutes 03 seconds East along the West ^ of said Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4), a distance of 421.75 feet to the point of beginning of the land to be descrt^ed; thence continuing North 00 degrees 50 minutes 03 seconds East along said West line of the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4), a distance of 420.00 feet; thence South 89 d^rees 27 minutes 10 seconds East a distance of 780.00 feet; thenra South 00 degrees 50 minutes 03 seconds West a distance of 420.00 feet; thence North 89 degr^ 27 minutes 10 seconds West a distance of 780.00 feet to the point of beginning. EXCEPT; I Ail th|at part of the Northeast Quarter of the Southeast Quarter, Section 14, Township 133, Range 42, Otterj Tail County, Minnesota, described as follows: Beginning at the southeast corner of said Northeast Quarter of the Soulhe^t Quarter, thence North 89 degrees 43 minutes 57 seconds West (bearing is base^ on Otter Tall County coordinates • 1996 adjustment) along the south tine of said Northeast Quarter of the Southeast Quarter, a distance of 580.94 feet; thence North 03 degrees 26 minutes 08 seconds Eastja distance of 490|.69 feet; thence North 86 degrees 03 minutes 54 seconds East a distance of 222.16 feet; thence South 39 degrees 08 minutes 18 seconds East a distance of 191.68 feet; thence South 82 degrees 26 minutes 28 seconds East a distance of 216.37 feet to the east line of said Section 14; thence South 00 degrees 58 minutes 04 seconds West along said east tine, a di^nce of 330.68 feet to the point of beginning. Containing 5.57 acres more or less. Subject to easements and reservations of recoid, if any. TogethM^ with an ingress and egress easement over and across said Northeast Quarter of the Southeast Quarter, lying 50.00 feet to right of and adjoining the following described Rne;Conimencing at the southeast comer of said Northeast Quarter of the Southeast Quarter, thence North 89 degrees 43 minutes 57 seconds West (bearing is based on Otter Tail County coordinates-1996 adjustment) along thejsouth line of said Northeast Quarter of the Southeast Quarter, a distance of of 5^.94 feet to the poirit of beginning of the line to be described; thence continuing North 89 degrees 43 mimkes 57 seconds vyest along said south line, a distance of 742.71 feet to the southwest comer of said Northeast Quarter of the Southeast Quarter and there terminating. The sidelines of said easement shall terrninate on the easterly right of way line of 265th Avenue and on a line which bears North 03 degrees 26 in'inutes 08 seconds East from the point of beginning. I [• ■Vf. ,-V I t I i [Tax Parcel No. 03000140093000] Document No. 10912721 Aurdal AND 9 ; -Otter Tail County, Minnesota 1159417 11 of 19 ; I Exhibit A to Mark & Tracy Schoening WD ! The South Half of Southwest Quarter (S 1/2 of SW 1/4) of Section Ten (10), Township One Hundred Thirty-three (133), Range Forty- thr^ (43), and the North Half of Northwest Quarter (N 1/2 of NW 1/4)1 of Section Fifteen (15), Township One Hundred Thirty-three (133) , Range Fjorty-three (43), EXCEPT: That: part of the Southwest Quarter of Southwest Quarter (SH 1/4 of SW 1/4) of I'Section Ten (10), Township One Hundred ^irty- three (133), Range Forty-three (43), together with that part of the I Northwest Quarter of Northwest Quarter (NW 1/4 of NW 1/4) of Section Fifteen (15), Township one Hundred Thirty-three (133), Range Forty-three (43), described as follows: Beginning at the Southwest corner of said Section 10; thence North 00 degrees 05 minutes 05 secjonds East (assumed bearing) along the West line of said Section 10 a distance of 1327.08 feet to the Northwest corner of saldj’Southwest Quarter of Southwest Quarter (SW 1/4 of SW 1/4}; thence South 88 degrees 20 minutes 38 seconds East along the North line of said Southwest Quarter of Southwest Quarter (SH 1/4 of SW 1/4) a distance of 652.48 feet; thence South 00 degrees 10 minutes 35 seconds West a distance of 1797.34 feet; thence North 89 degrees 36 minutes 10 seconds West a distance of 652.27 feet to the West line of said Section 15; thence North 00 degrees 25 minutes 391 seconds East along said West line a distance of 484161 feet to the point of begltuiing, said excepted tract containing a total of 26.97 acres of which 19.85 acres are in Section 10 and of which 7.12 acres are in Section 15. ! 1 1 [Tax Parcel No. 26000100062001 & 26000150095001] Document No. 807514 | Fergus Falls AND 10 otter Tail County, Minnesota 1159417 12 of 19 Exhibit A to Mark & Tracy Schoening WD The West Half of the Southeast Quarter (W 1/2 of SE 1 /4), together witfi that part of the Southeast Quarter of the Southeast Quarter (SE 1/4 of SE 1/4), Section Twenty* two (22), Township One Hundred Thirty-three (133) North, Range Forty-three (43) West, Otter Tail County, Minnesota, described as follows: Beginning at the Southeast comer of said Section Twenty-two (22); thence on a bearing of North on the easterly line thereof for a distance of 563 feet; thence on a bearing of West 264 feet; thence on a bearing of North 165 feet; thence on a bearing of West 190 feet; thence on a bearing of North 495 feet; thence on a bearing of East 454 feet to the East line of said Section Twenty-two (22); thence on a bearing of North on said East line 1(M).66 feet more or less to the Northeast comer of the Southeast Quarter of the Southeast Quarter (SE 1/4 of SE 1/4) of said Section Twenty-two (22); thence Westerly on the northerly line of said Quarter Quarter Section 1305.36 feet mote or less to die Northwest comer of said Quarter Quarter Section; thence Southerly on the westerly line of said Quarter Quarter Section 1323.5 feet more or less to the Southwest comer of said Quarter Quarter Section; thence Easterly on the south^ly line of said Section Twenty-two (22) 1298.4 feet more or less to point of beginning, subject to an easement for road purposes over the easterly 50 feet of said Section Twenty-two (22) as described in Book 18 of Miscellaneous, page 423, subject to an easement in favor of Otter Tail Power over the West 5 feet of the easterly 55 feet of said (garter Quarter Section, as des^bed in Book 34 of Miscellaneous, page 264, subject to tree removal easement in favor of Otter Tail Power over the souAerly part of the i^utheast (Quarter (SE 1/4) of said Section Twenty-two (22) as described in Book 4.1 of Miscellaneous, page 253, and subject to a power pole easement in favor of Ottej; Tail Power as described in Book 61 of Miscellaneous, page 411. Said entire tr^^ct contains 112.615 acres more or less. [Tax Parcel No. 2600022013SOOOJ OMument No. 8206761 Fergus Falls AND The South Half of the Southwest Quarter (SVzSWV^) of Section Twenty-three (23), Township One Hundred Thirty-three (133), Range Forty-three (43), Otter Tail County, Minnesota, EXCEPT THE FOLLOWING TRACTS: TRACT 1'.Tract sold to James and Twyla Bavier described in Book 359 of Deeds, page 191, described as follows: The West 16 rods of the North 10 rods of the South 17 rods of the Southwest Quarter of the Southwest Quarter (SWViSW%) of Section Twenty-three (23), Township One Hundred Tiiirty-three (133), Range Forty-three (43), of which the West 50.00 feet is subject to public road right of way. 11 :'‘iter Tail County, Minnesota 1159417 13 of 19 Exhibit A to Mark & Tracy Schoening WD TRACT 2:Tract sold to Ben Quernemoen and Ruth Quernemoen described in Book 414 of Deeds, page 737, described as follows: All of the West 323.00 fwt of the North 247.50 feet of the South 858.00 feet of the Southwest Quarter of the Southwest Quarter (SW%SW%) of Section Twenty-three (23), Township One Hundred Thirty-three (133), Range Forty-three (43), of which the West 50.00 feet thereof is County Highway right of way. i-‘. TRACT 3:Tract sold to Melvin M.; Martin as described in Book 416 of Deeds, page 115, described as follows: Part of the Southwest Quarter of the Southwest Quarter (SW%SW%) of Section Twenty-three (23), Township One Hundred Thirty-three (133), Range Forty-three (43), described as follows: Beginning on the West line of said Section Twenty-three (23), distant 1159.80 feet North of the Southwest corner of said section; thence East 479.70 feet; thence North 06°00'00" East 166.00 feet, more or less, to the North line of said Southwest Quarter of the Southwest Quarter (SWV^SW%); thence westerly along last said North line 497.00 feet to the Northwest corner of said Southwest Quarter of the Southwest Quarter (SWViSWVi); thence South 165.00 feet to the point of beginning, containing 1.85 acres, more or less, of which the West 50.00 feet thereof is County Highway right of way. TRACT 4:Tract sold to Harold H. Lindblom and Lucille Lindblom described in Book 418 of Deeds, page 309, described as follows: Part of the Southwest Quarter of the Southwest Quarter (SW%SWV4) of Section Twenty-three (23), Township One Hundred Thirty-three (133), Range Forty-three (43), described as follows: Beginning on the West line of said Section Twenty-three (23), distant 994.80 feet North of the Southwest corner of said section; thence East 462.40 feet; thence North 06°00'00" East 165.90 feet; thence West 479.70 feet to the said section line; thence South 165.00 feet to the point of beginning, containing 1.74 acres, more or less, of which the West 50.00 feet thereof is County Highway right of way. TRACT 5:Tract sold to Elroy Merz and Alice Merz described in Book 434 of Deeds, page 509, described as follows: Part of the Southwest Quarter of the Southwest Quarter (SW%SWVi) of Section Twenty-three (23), Township One Hundred Thirty-three (133), Range Forty-three (43), described as follows: Beginning on the West line of said Section Twenty-three (23), distant 858.00 feet North of the Southwest corner of said section; thence East 446.00 feet; thence North 06°00'00" East 137.50 feet; thence West 462.40 feet to the said section line; thence South 136.80 feet to the point of beginning, containing 1.41 acres, more or less, of which the West 50.00 feet thereof is County Highway right of way. 12 Otter Tail County, Minnesota 1159417 14 of 19 Exhibit A to Mark & Tracy Schoening WD TRACT 6:Tract sold to Kenwood A. Larson and Judy A. Larson described in. Book 446 of Deeds, page 493, described as follows: All of the West 16 rods of, the North *5 rods of the South 7 rods of the Southwest Quarter of the Southwest Quarter (SW'ASWVi) of Section Twenty-three (23), Township One Hundred Thirty-three (133), Range Forty-three (43), Otter Tail County, Minnesota, and containing one-half (1/2) of an acre, more or less, of whichI the West 50.00 feet thereof is County Highway right of way. TRACT 7:Tract sold to Keith Robert Olson and Kimberly Lynn Olson described in Document No. 656306, described as follows: All of the West 16 i. .rods of the North 10 rods of the South 27 rods of the Southwest Quarter of the Southwest Quarter (SWV^SW'A), containing one acre more or less, .of which the West 50.00 feet is subject to public road right of way, in Section Twenty-three-(23), Township One Hundred Thirty-three (133), Range Forty-three (43), AND all of the West 16 rods of the North 10 rods of the South 37 rods of the Southwest Quarter of the Southwest Quarter (SW'/iSW%), containing one (1) acre more or less, of which the West 50.00 feet is subject to public road right of way in Section Twenty-three (23), Township One Hundred Thirty-three (133), Range Forty-three (43), all in Otter Tail County, Minnesota. [Tax Parcel No. 26000230143000] D^umentNo. 948441 | Fergus Falls AND All Grantors’ Contract Vendees’ interest in and to the following-described Dropertv: 13 ■Otter Tail County, Minnesota 1159417 15 of 19 Exhibit A to Mark & Tracy Schoening WD ThcSEVS oftheSEiiS and Government Lots 7 and 8 of Section 3 i, Township 133 North, Range 41 Wdt, Otter Tail County, Minnesota; AND That part of Government Lot 10 of Section 32, Township 133 North, Range 41 West, Otter Tail County, Minnesota, which lies north of City of Underwood’s Burlington Northern Subdivision, and west of Lakeview West, according to the certified and recorded plats thereof; AND That part of Government Lot 10 of Section 32, Township 133 North, Range 41 West, Otter Tail County, Minnesota, which lies south of City of Underwood’s Burlington Northern Subdivision, according to the certified and recorded plat thereof; EXCEPT THOSE pLrTS THEREOF DESCRIBED AS FOLLOWS: 1) l|art of Lots 16 and 17 and part of vacated Woodland Avenue, all in Moen’s Addition to Underwood, according to the certified plat thereof on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota, together with part of Government Lot 10 of Section 32, ToiWnship 133 North, Range 41 West, Otter Tail County, Minnesota, described as follows: Commencing at the Southwest comer of said Section 32; thence North 00 degrees 00 minutes 30 seconds ^East (assumed bearing) along the West line of said Government Lot 10 a distance of 1,286.7^ feet to the most southwesterly comer of Lot 1, Block 1 of City of Undervvood’s Burlington Northern Subdivision, according to the certified plat thereof on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota; thence continuing North 00 degrees 00 minutes 30 seconds East along the West line of said Lot 1, Block I ajdistance of 103.92 feet to the most northwesterly comer of said Lot I, Block 1; thence South 74 degrees 12 minutes 28 seconds East along the northerly line of said Lot I, Block 1 a distance of 548.15 feet to the southwest comer of Lot 1, Block 2 of Lakeview West; thence North 00 de^ees 27 minutes 01 seconds East along the West line of said Lot 17 a distance of 275.10 feet; thoice northeasterly along a nontangential curve concave to the Southeast a distance of 41.44 feet, said curve having a central angle of 39 degrees 34| minutes 11 seconds, a radius of 60.00 feet and a chord bearing of North 20 degrees 10 minutes 35 seconds East; thence continuing easterly along the continuation of the last-described curve a distance of 68.01 feet to the West linie of the East 25.00 feet of Lot 16 of said Moen’s Addition to Underwood (as measured at a ri^t angle to and being parallel with the East line of said Lot 16), said curve having a central an^e of 64 degrees 56 minutes 51 seconds, a radius of60.00 feet, and a chord bearing of North 72j degrees 25 minutes 57 seconds East, said point being the point of beginning; thence southwesterly along a nontangential curve concave to the Southeast a distance of 68.01 feet, said cuUe having a central angle of 64 degrees 65 minutes 51 seconds, a radius of 60.00 feet, and a chord bearing of South 72 degrees 25 minutes 57 seconds West; thence North 50 degrees 02 minut^ 29 seconds West not tangent to the last-described curve a distance of 127.46 feet; thence North 01 degrees 30 minutes 32 seconds East a distance of266.00 feet more or less to the 14 Otter Tail County, Minnesota 1159417 16 of 19 « . Exhibit A to Mark & Tracy Schoening WD shoreline of Bass Lake; thence southeasterly along said shoreline a distance of 183.00 feet more or less to its intersection with the northerly extension of the West line of the East 25.00 feet of said Lot 16 of said Moen’s Addition to Underwood; thence South 00 degrees 27 minutes SO seconds West along said West line of the East 25.00 feet of said Lot 16 and its northerly extension a distance of 232.00 feet more or less to the point of beginning. 2) That part of Government Lot 10 and that part of Lot 1, Block 1, City of Underwood’s Burliiigton Northern Subdivision, said plat is on file and of record in the Office of the Otter Tail County Recorder, all in Section 32, Township 133 North, Range 41 West of the 5th Principal Meridian, Otter Tail County, Mirmesota, described as follows; Corrunencing at the southwest comer of said Section 32; thence North 0 degrees 06 minutes 04 seconds East, on an assumed bearing, along the west line of said Section 32 a distance of 1286.85 feet to the Point of Beginning of the Tract to be described; thence continuing North 0 degrees 06 minutes 04 seconds East along said west line a distance of 103.93 feet; thence North 20 degrees 55 minutes 14 seconds East a distance of 44.46 feet; thence North 41 degrees 37 minutes 18 seconds East a distance of 249.28 feet; thence North 86 degrees 19 minutes 33 seconds East a distance of265.75 feet; thence South 49 degrees 55 minutes 24 seconds East a distance of 127.47 feet to the west line of Lakeview West, said plat is on file and of record in the Office of the Otter Tail County Recorder; thence southerly, 41.49 feet, along said west line and along a curve non-tangent to last desaibed line, concave to the southeast, having a radius of60.00 feet, a central angle of 39 degrees 37 minutes 02 seconds and a chord bearing of South 20 degrees 16 minutes 12 seconds West; thence South 0 degrees 34 minutes 08 seconds West, non-tangent to last described curve and along said west line a distance of275.04 feet to the northerly line of Lot I, Block I of City of Underwood’s Burlington Northern Subdivision; thence South 74 degrees 05 minutes 23 seconds East along said northerly line a distance of200.36 feet; thence easterly, 284.96 feet, along a tangential curve also being said northerly line, concave to the north, having a radius of 2809.95 feet, a central angle of 5 degrees 48 minutes 38 seconds and a chord bearing of South 76 degrefjs 59 minutes 42 seconds East to the southerly right-of-way of West Centennial Avenue; thenco southeasterly, 158.33 feet, along said southerly right-of-way and along a curve non­ tangent to last described curve, concave to the northeast, having a radius of 314.84 feet, a central angle of 28 degrees 48 minutes S3 seconds and a chord bearing of South 53 degrees 56 minutes 53 seconds East to the east line of said Lakeview West; thence South 0 degrees 44 minutes 48 seconds West along said east line a distance of 28.18 feet to the southerly line of said Lot 1, Block 1; thence northwesterly, 440.61 feet, along said southerly line of said Lot 1, Block I and along a curve non-tangent to last described line, concave to the north, having a radius of 2909.95 feet, a central angle of 8 degrees 40 minutes 32 seconds and a chord bearing of Nordi 78 degrees 25 minutes 38 seconds West; thence North 74 degrees 05 minutes 23 seconds West along said southerly line a distance of 720.43 feet to the Point of Beginning. 3) That part of Govonment Lot 8, Section 31, and that part of Government Lot 10, Section 32, all in Township 133, Range 41, Otter Tail County, Minnesota, described as follows: Commencing at the southwest comer of said Section 32; thence North 00 degrees 06 minutes 45 seconds East (bearing is based on Otter Tail County Coordiriates -1996 Adjustment) along the west line of said Section 32, a distance of 1286.85 feet to the most southwesterly comer of Lot 1, Block 1, City of Underwood’s Burlington Northern Subdivision, according to the recorded plat thereof; thence continuing North QO degrees 06 minutes 45 seconds East along said west line of 15 itter Tail County, Minnesota 1159417 17 of 19 c: Exhibit A to Mark & Tracy Schoening WD Section 32, a distance of 103.92 feet to the most northwesterly comer of said Lot I; thence South 74 degrees 06 minutes 13 s^onds East along the northerly line of said Lot I, a distance of 548.1.5 feet to the westerly line of Lot I, Block 2, Lakeview West, according to the recorded plat therraf, thence North 00 degrees 33 minutes i 6 seconds East along said westerly line of Lot I, Block 2, a distance of275.10 feet to the most noithedy comer of said Lot 1, Block 2; thence nor^.easterly, along the westerly line of said Lakeview West, pn a non-tangential curve concave to the east, having a radius of60.00 feet, a delta angle of 39 degrees 34 minutes 11 seconds and a choi^ bearing of North 20 degrees 16 minutes 42 seconds East, for an arc distance of 41.44 feet to the southwesterly line of that certain tract of land described in Quit Claim Deed Document No. 921429, according to the files of the Recorder, said County; thence North 49 degrees 56 minutes 14 seconds West along said southwesterly tine, a distance of 127.46 feet to the westerly line of said tract of land, being the point of beginning of the land to be described; thence South 49 degrees 56 minutes 14 seconds East along said southwesterly line, a distance of 0.42 feet to the northerly line of that certain tract of land described in Warranty E)eed Document No. 1042048, according to the files of said Recorder; thence South 86 degrees 20 minutes 14 seconds West along last said northerly line, a distance of265.75 feet to an angle point in said northerly line; thence South 87 degrees 14 minutes 39 seconds West a distance of 310.04 feet; thence Nortii 00 degrees 06 minutes 14 seconds East a distance of 667 feet more or less, to the shoreline of Bass Lake; thence easterly and southeasterly, along said shoreline to said westerly line of that certain tract of land describe in Quit Claim Deed Document No. 921429; thence South 01 degrees 36 minutes 47 seconds West along last said westerly line, a distance of267 feet more or less, to the point of beginning. Subject to an easement for ingress and egress purposes, over and across that part of Government Lot 8 and that part of the SE!4 of the SE14, Section 31, and over and across that part of Government Lot 10, Section 32, all in Township 133, Range 41, Otter Tail County, Minnesota, being a strip of land lying 33.00 feet to tiie right of and adjoining the following described line: Commencing at the southwest comer of said Section 32; thence North 00 degrees 06 minutes 45 seconds East (bearing is based on Otter Tail County Coordinates -1996 Adjustment) along the west line of said Section 32, a distance of 1286.85 feet to the most soutiiwesterly comer of Lot 1, Block 1, City of Underwood’s Burlington Northern Subdivision, according to the recorded plat thereof; thence continuing North 00 degrees 06 minutes 43 seconds East along said west line of Section 32, a distance of 103.92 feet to the most northwesteriy comer of said Lot 1; thence South 74 degrees 06 minutes 13 seconds East along the northerly line of said Lot 1, a distance of 548.15 feet to the westerly line of Lot I, Block 2, Lakeview West, according to the recorded plat thereof, thence North 00 degrees 33 minutes 16 seconds East along said westerly line of Lot 1, * Block 2, a distance of275.10 feet to the most northerly comer of said Lot 1, Block 2; thence northeasterly, along the westerly line of said Lakeview West, on a non-tangential curve concave to the east, having a radius of 60.00 feet, a delta angle of 39 degrees 34 minutes 11 seconds and a chotd bearing of North 20 degrees 16 minutes 42 seconds East, for an arc distance of 41.44 feet to the southwesterly line of that certain tract of land described in Quit Claim Deed Document No. 921429, according to the files of the Recorder, said County, thence North 49 degrees 56 minutes 14 seconds West along said southwesterly line, a distance of 127.46 feet to the westerly line of said tract of land; thence South 49 degrees 56 minutes 14 seconds East along said southwesterly line, a distance of 0.42 feet to the northerly line of that certain tract of land 16 Otter Tail County, Minnesota 1159417 18 of 19 Exhibit A to Mark & Tracy Schoening WD described in Warranty Deed Document No. 1042048, according to the files of said Recorder, thence South 86 degrees 20 minutes 14 seconds West along last said northerly line, a distance of 265.75 feet to an angle point in said northerly line, being die point of beginning of the line to be described; thence ^udi 41 degrees 37 minutes 59 seconds West along the westerly line of said tract pf land described in Warranty Deed Document No. 1042048, a distance of249.28 feet to an at^e point in saidiwesteriy line; thence South 20 degrees 55 minutes 55 second West along last smd .westerly line and its southerly extension, a distance of 75.67 feet; thence Siouth 05 degrees 50 minutes 30 seconds West a distance of 1299.88 feet to the northerly right-of-way line of State Trunk Highway No. 210 and there terminating. The sidelines of said easement shall terminate on a line which bears South 87 degrees 14 minutes 39 seconds West from said point of beginning and on said northyly ri^t-of-way line of State Trunk Highway No. 210. Further subject to Easement Agreement dated November 10,2009, and recorded November 16, 2009 as Document #1066579. [Tax Parcel Nos. 57000310192001 & 57000320199003] Document No. 1113186 (C4D) | Sverdrup 17 Otter Tail County, Minnesota 1159417 19 of 19 . ,) • •