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28000280206000_Conditional Use Permits_05-20-2005
OTTER TAIL COUNTY Conditional Use Permit # UIz- Owner’s Name Property Address ^ 3 Location: Lakel^'^0 Range Twp.Name -OW3 ____________ Work Authorized:<Mis^c< z^s^y -fo gLCC-ess ^ i>it^ U gliKtnt,4g^ -fw C5/^J 4- U -jo psW A/flL4-efr«L, Ro^ncIL''' HLv^rtcl^X } . • f, • ■' ! c^hUSD<^Expires:Valid: Land and Resource Management Official / Date 1. Entire area shall be stabilized within 10 days of the completion of any earthmoving unless otherwise stated. 2. Owner is legally responsible for all surface water drainage that may occur. 3. If the terms of this permit are violated the entire permit may be revoked and the owner may be subject to legal prosecution. 4. This card shall be placed in a conspicuous place not more than 4 feet above grade on the premises on which work is to be done, and shall be maintained there until completion of such work. 5. NOTIFY DEPARTMENT OF LAND AND RESOURCE MANAGEMENT, TELEPHONE (218) 998-8095, WHEN AUTHORIZED WORK HAS BEEN COMPLETED.BK-1004-046 319,903 • 'Actor LtindMn Co . PiinMn • Foryut Flit. MN • 1-600-348-4870 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that 37* 0 336 this instrument #------------------------ was fiied/recorded in this office for record on the ..day of2005 atLioam/^m border p^ty 97G596 Wendy L. Metcaif, Cou b r^66rding f^ well certif^ate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us Receipt Number ' Accepted By / Date_/^6 ^f Application Fee /COMPLETE THIS APPLICATION IN BLACK INK Naterra Land, Inc - F/K/A Taylor:Investment & Roderick. & Genie Hendrickx DAYTIME PHONE (218) 825-7624PROPERTY OWNER(S) 19163 Soder Road, Brainerd, MN 56401MAILING ADDRESS LAKE NAMEVV^Red NELAKE NUMBER ^6-0711 River LAKE CLASS section3^^FribergRANGE 42 TOWNSHIP NAME29 TOW^^_^],^4 _______GC?28-000-33-02^0000 C?28-000-28-0206-000 PARCEL ^ 28-000-29-0225-000 NUMBER 8 & E-911 ADDRESS 2-9086 County Highway 3 LEGAL DESCRIPTION Sect Twnshp Range 134LOTS 5 & 6 EX FLOWAGE. ^ Sect 29 Twnshp Range Lot 13404228 042N 554.3' OF LOT 6 LYING E OF^ HIGHWAY ..Cl- Twnshp Range Lot 134 042NWl/4 EX SWl/4 SWl/4 NWl/4 Sect33 CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) Topographical Alteration X Commercial Use__ Cluster Development__ Extractive Use Miscellaneous Road Construction_________________ Industrial Use Forest Land Conversion SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Construct 2,525 feet of roadway according to County & Township Specifications to provide access to 8 parcels of land.TThere will be approximately 9,090 Cubic Yards of earth excavation and will required approximately 890 Cubic Yards of Class 5. 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. URE OF PROPERTY OWNER (S) March 10, 2005 DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) TimeDate Of Planning Commission Hearing 7 Planning Commission Motion April 20. 2005:Motion: A motion by Sha, second by Boyer to approve with the following conditions; 1. The approach meets the approval of the Otter Tail County Highway Engineer. 2. The driveway for the existing farmstead must be eliminated from CSAH 3 and be relocated to connect to the proposed road. Chairman/Otter Tail Cd^nty Planning Commission April 26. 2005 County Board Action: Conditional Use Permit - Naterra Land Inc. & Roderick & Genie Hendrick:County Board Action ^ Approved As Recommended Motion by Lee, second by Froemming, and unanimously carried to approve a Conditional Use Permit to construct a roadway to provide access to 8 parcels of land with the following conditions; 1. The approach meets the approval of the Otter Tail County Highway Engineer. (Mr. West stated that standard MnDOT requirements should be applied to the project as it relates to approaches joining County roads.) 2. The driveway for, the existing farmstead must be eliminated from, CSAH 3 and be^ relocated to connect to the proposed road. ___Denied As Recommended ^ Other See. /dk,Jos' Date of Final ActionChairman/Otter Tail County Board of Commissioners L & R OfficiaiyOate CONDITIONAL USE PERMIT# Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) Copy of Application Mailed to Applicant, Co. Assessor and MN DNR bk 0204-006 No L & R Official/Date 317,339 • Victor Lundoen Co,, Primers • Fergus Falls. Minnesota lining CommissiorT April 20, 2005 Page 2 Jim Peterson & Glenn Howe of Anderson Land Surveying represented the Appticatl John Hatling requested to review the map and the proposed road. Motion: A motion by Wilson, second by Sha to approve with the following conditions: 1. The recommendations of the Army Corps, of Engineers must be followed. 2. The unstable soil materials (i.e. wetland areas) must be removed from the site. 3. The Otter Tail County Highway Department must approve the approach, including the site distance. 4. Land & Resource Management must verify the non-existence of any wetlands between stations 800-1300. 5. Appropriate erosion control measures must be taken. Voting: All Members in fayef. N^erra Land Inc. & Roderick & Genie Hendrick - Approved With Conditions: A Conditional Use Permit Application as stated by the Applicant: Construct 2,525 feet of roadway according to County & Township specifications to provide access to 8 parcels of land. There will be approximately 9,090 cubic yards of earth excavation and will require approximately 890 cubic yards of class 5. The property is described as Lots 5 & 6 ex flowage, Section 28 & N 554.3’ of Lot 6 lying E of Highway, Section 29 & NW1/4 ex SW1/4 SW1/4 NW1/4, Section 33 of Friberg Township; West Red River (56-711), NE. Scott Sealy (Naterra Land Inc. represented the Application. Duane Mavis (Friberg Township) recommended a 100’ landing area near CSAH 3 and indicated that the Township would not accept an easement (require the road to be dedicated to the public) as stated in their letter. Motion: A motion by Sha, second by Boyer to approve with the following conditions: 1. The approach meets the approval of the Otter Tail County Highway Engineer. 2. The driveway for the existing farmstead must be eliminated from CSAH 3 and be relocated to connect to the proposed road. Voting: All Members in favor. Michael & Shannon Neustel - Approved With Conditions: A Conditional Use Permit Application as stated by the Applicant Please consider this application a request for shoreline improvements. The improvements propose to remove an existing and failing stone retaining wall and storage structure which is contributing to a considerable amount of soil being exposed due to erosion along the shoreline. The design proposes to install new riprap along the waterline across the entire lot frontage as well as to install large boulder outcroppings complimented with select planting areas to protect the slope and reestablish a more natural and visually pleasing shoreline, implementation of ornamental clump grasses and other native plant materials we are able to provide a transition native in appearance and which blends well with the natural environment. The property is described as Sunlight Beach Lot 3 Block 1, Section 3 of Dunn Township; Pelican Lake (56-786), GD. Mike Lloyd (contractor) represented the Application. Motion: A motion by Schwartz, second by Lachowitzer to approve with the following conditions: 1. Within 2 weeks of starting the project, it must be completed. 2. Will allow a sand area just below the steps, between the riprap and the sidewalk. 3. Appropriate erosion control measures must be taken. 4. Land & Resource Management must be notified prior to starting the project. Voting: All Members in favor. Tom Gardner Et Al & Sverdrup Township - Denied: A Conditional Use Permit Application as stated by the Applicant Construct 1800 feet of road. Construct 2400 feet of driveways. Abandon 1600 feet of road (273^'^ St). Total cut & fill in Shoreland Management Area is estimated at 10,000 yards. Construct a new road (28 foot top, gravel surface) 1800 feet in length to connect OOO'*" Ave to Crappie Trail located With the OTCo. Board of Commissioners’ Minutes April 26, 2005 Page 6 Planning Commission Recommendations Conditional Use Permit - Mark & Barb Lenius/ Edna Township: Motion by Nelson, second by Froemming, and unanimously carried to approve a Conditional Use Permit to finish a proposed extension of an existing road with a condition as recommended by the Planning Commission. The property is described as NE ex trs & Lots 1 & 2 ex platted ex trs & dedicated rd bet Lots 4 BIk 1 & Lot 1 BIk 2 Little McDonald North Shore Estates, Section 3 of Edna Township; Little McDonald Lake (56-328). Conditional Use Permit - U.S. Fish & Wildlife Service: Motion by Mosher, second by Lee, and unanimously carried to approve a Conditional Use Permit for development of a U.S. Fish & Wildlife Service Headquarters Site with conditions as recommended by the Planning Commission. The property is described as NVa NE% Ex Tr, Section 23 of Buse Township: Unnamed Lake (56-832). Conditional Use Permit - Charlie Grunewald: Motion by Mosher, second by Lee, and unanimously carried to approve a Conditional Use Permit to construct a road for ingress egress easement with conditions as recommended by the Planning Commission. The property is described as SV2 NW% Ex Tr, Part of N!4 NWV4...(71.78 AC), Section 8 of Dane Prairie Township: Unnamed Lake (56-626), & Unnamed Lake (56-623). Conditional Use Permit - Naterra Land Inc. & Roderick & Genie Hendrick: Motion by Lee, second by Froemming, and unanimously carried to approve a Conditional Use Permit to construct a roadway to provide access to 8 parcels of land with the following conditions: 1. The approach meets the approval of the Otter Tail County Highway Engineer. (Mr. West stated that standard MnDOT requirements should be applied to the project as it relates to approaches joining County roads.) 2. The driveway for the existing farmstead must be eliminated from CSAH 3 and be relocated to connect to the proposed road. Conditional Use Permit - Michael & Shannon Neustel: Motion by Lee, second by Froemming, and unanimously carried to approve a Conditional Use Permit for shoreland restoration with conditions as recommended by the Planning Commission. The property is described as Sunlight Beach Lot 3 Block 1, Section 3 of Dunn Township: Pelican Lake (56-786). Conditional Use Permit - Tom Gardner Et Al & Sverdrup Township: Land & Resource Director, Bill Kalar, stated that the Planning Commission recommended denial of this CUP request. Applicant, Tom Gardner, requested that the Board table this request as there is a group of people working together to accomplish this road relocation project. Mr. Gardner waived the 60 day rule. Motion by Mosher, second by Nelson, and unanimously carried to refer this Conditional Use Permit request back to the Planning Commission for further study. The property is described as Pt of GL 6 (Parcels A, B, C, D, E, F & G), Lot 9 ex 4.63 Ac & portion of 273^^^ St., Section 1 of Sverdrup Township: East Lost Lake (56-378). no i♦V' OTTER TAIL COUNTY HIGHWAY DEPARTMENT APPROACH REQUEST Naterra Land C/0 Scott A Seeley DATE March 10» 2005NAME ADDRESS 19163 Soder Road, Brainerd, MR 56401 TELEPHONE NO. (21S1 825-7624 RURAL MUNICIPALAPPROACH LOCATION: CSAH __3 CH TOWNSHIP 134 SWls SE^i X NNJs neJsSECTION ?q SOUTH X eastWHAT SIDE OF ROAD: NORTH WEST road to service 8 parcels of lands.REASON FOR NEED Knf-ranre for neW HOW FAR FROM ANY EXISTING APPROACHES HOW SOON IS APPROACH NEEDED May 2005 DENIEDDATE APPROVED 7 y ‘REMARKS t m /f 7 V £. a^7J Ct- //f." r/tc^e-WAr IL!■«* \ / UJ t f/y f L gyi j/a j9j»j S^jCt ^ ^ I ij S W5ii- **</nTSiS4L^=i^ Maintenance SupervisorApplicant Si 'e March 10» 2005 Date 74-142 VARIABLE SHOULDERr7r37'HIGHWAY ([_HIGHWAY <tVz4♦ID BITUMINOUS SURFACING- 30'VARIABLE SHOULDER 30' I25'R.tBITUMINOUS surfacing -O' TO 1.5'■24'©© 1 R/W LINE R/W LINEI''.- .. ".'■ >l/^Lj/I COMMERCIAL - INDUSTRIAL - FARM ENTRANCES RURAL RESIDENTIAL ENTRANCE 80' pVARIABLE SHOULDERVARIABLE SHOULDER, 12' DESIRABLE HIGHWAY t 40' znHIGHWAY 4 'W/////A D •; I 30' L 20'-12' TURN LANE 35' R.20' R.©BITUMINOUS SURFACING O' TO 1.5' R/W LINEr.: .Z:T r FIELD ENTRANCES R/W LINE (i) SURFACING TO MATCH EXISTING CONDITIONS. WHERE THERE IS NO SURFACING. PLACE GRAVEL BEYOND BITUMINOUS SURFACING TO R/W LINE. @ PLACE 2 FT. WIDE BITUMINOUS SURFACING AS DIRECTED BY ENGINEER. (5) 8'/. MAXIMUM COMMERCIAL: 15X MAXIMUM RESIDENTIAL. @ THE USE OF PAVING SIMILAR TO COMMERCIAL ENTRANCES MAY BE APPROPRIATE FOR SOME RESIDENCES. AS SHOWN IN PLANS OR DIRECTED BY THE ENGINEER. LOW VOLUME ROAD 0.08' FOR 15' DISTANCE -i 0.12' FOR 25' DISTANCE 0.25' FOR 50' DISTANCE HIGHWAY NOTE: USE 1:6 SIDE SLOPES CUT SECTION 50' RECOMMENDED FOR ROADS - ( 25' MIN. )25'RECOMMENDED FOR ENTRANCES - ( 15'MIN. )HIGHWAY (t NOTE: USE 1:6 SIDE SLOPES FILL SECTION 7••••.( iy/A^/A\y/A\//A\y/A:\y/A.\//Asy/A\ ^OosCULVERT IF NECESSARY0.08' FOR 15' DISTANCE —' 0.12' FOR 25' distance 0.25' FOR 50' distance CROSS SECTIONS state of MINNESOTA DEPARTMENT OF TRANSPORTATION specification REFERENCE STANDARD PLATEapproved NOVEMBER 1, 2000 NO. APPROACHES AND ENTRANCESRECOMMENDED STANDARDS 9000Drevised 5-19-2001 A.K.J.STATE DESIGN ENGINEER n uC iCERTIFICATE OF SURVEY IIr'O i EXtSTtNG OTTER TAIL POWER COMPANY ExctPnoNEXCEPTION LINE RECORDED IN BOOK 106PART OF GOVERNMENT LOTS 5 AND 6, SECTION 28,I•4 •OF DEEDS. PAGE 406 SITg1 00 z ^ 88*J 1?0»mu-ssytrcAND PART OF GOVERNMENT LOT 6, SECTION 29,f5vs'i HI ii^lk:s£J!5 Si2 T3 2 ii W lipirJI s ■iS-E.S ■'!>cSis■■■■■■ 5?c3S|I r2§S“ III 8I ililri1§ 252.855 sq.k.i mA-15.60 acms M CM 5---------32000---------- m-Ih0I3 mSisI lU omi I I i(/i IS89*ir26'E ! s \&109.12 5la? ^ O -o III 6I2 HI tJ !!1I21 ! 1 b ■O ?P i ?It EIgi I. s t3 IS S '§ tu O I ? IllsI si i u Ui n. m I 8 ? i Ioa: tn1- X IS2 i,£LU 3 X :iiV-5'i.v ¥ gu O i ^ % o i 5LU 5 :X I > I XsecofvtfftCOVT.tOT* SayirTrE 2M6.1II i; 1 uNOTE; Tracts 6 & 8 do not have late frontage and are nc4 consKlered n^Nrian ^acts. Tracts 1*5 & 7 are npanan tracts and an have in exoesa at 200 foot of frontage on Otter Tan River {Red Rmt Lake) 3SEE SEPARATE SHEETS FOR LEGAL DESCRIPTIONS -.53ill 2Sq-5§i z2S <WET LAND LOCATIONS ARE APPROXIMATES ONLY. A DELINEATION HAS NOT BEEN CONDUCTED. DENOTES WET LAND t hereby certify that die subJvided property descrtred fts survey meets the County leourements for putAc mad access and sewage iraatmert systems.1 DENOTES MONUMENT FOUND ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE WECT LINE OF GOVERNMENT LOT i, SECTION 2S TO HAVE AN ASSUMED BEARING OF NORTH. 2001000100 DENOTES IRON MONUMENT SET marked by license No. 17008 S»C£TO 1 » 1Land Owner SCALE IN FEET Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY Government Services Center • 540 West Fir Fergus Falls, MN 56537 Ph: 218-998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us May 19, 2005 Naterra Land, Inc. & Roderick & Genie Hendrickx 19163 SoderRd Brainerd, MN 56401 RE: Conditional Use Permit Application, West Red River Lake (56-711) Naterra Land, Inc. & Roderick & Genie Hendrickx: On April 20, 2005, the Planning Commission recommended approval of your Conditional Use Permit to the County Board of Commissioners. On April 26, 2005, the County Board of Commissioners passed a motion as follows: Motion by Lee, second by Froemming, and unanimously carried to approve a Conditional Use Permit to construct a roadway to provide access to 8 parcels of land with the following conditions: 1. The approach meets the approval of the Otter Tail County Highway Engineer (Mr. West stated that standard MnDOT requirements should be applied to the project as it relates to approaches joining County roads). 2. The driveway for the existing farmstead must be eliminated from CSAH 3 and be relocated to connect to the proposed road. As you can see, there are conditions placed on this approval. Once these conditions are met, our Office will process your Conditional Use Permit. If you have any questions, please contact our Office. Sincerely, . Marsha Bowman Office Manager OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument 5^*704^4^^ I was filed/recorded in this office ! for record on the _i__day of 2005 at 970443 Wendy L. Metcaif well cert THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us i24o_CJ^*^Tfl3Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number_ Accepted By / Date PROPERTY OWNER(S) Taylor Investment Corporation DAYTIME PHONE «?S-7A?4 MAILING ADDRESS 19163 Soder Road. PO Box 932. RrainerH, MN S(S4f)1 LAKE CLASS NELAKE NUMBER ■56-071 1 LAKE NAME RedRlver SECTION 28 - • TOWNSHIP 134 RANGE 42 TOWNSHIP NAME Frlberg E-911 ADDRESS 29086 Goiinty Highway 3 PARCEL NUMBER 28-000-28 »^"000 LEGAL DESCRIPTION j Secfi ' 28 1 .‘ LOTS 5' & 6 EX FLOWAGE. I ATwnshp 'Range 042 Lot 134 CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) Topographical Alteration X Commercial Use Forest Land Conversion Cluster Development__ Extractive Use Miscellaneous nn'vpway rnngtrnnti nn_____________ Industrial Use SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Relocate existing driveway further away from the lake approximately 16' wide and to' ^ construct another private driveway at the south-end of the property approximately 16 wide • Driveway A is approx 2,244' in lenght & will consist of approx 1,010 cubic yards of earth excavation & will require approx 221 cubic yards of class five gravel. ■■V Driveway Biis approx 2,385' in length & will consist of approx 1,073 cubic yards of earth excavation & will require approx 235 cubic yards of class five gravel. 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. Sl^liAJURE OF PROPERTY OWNER (S)November 16, 2004 DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) Date Of Planning Commission Hearing ^Time Planning Commission Motion December 15, 2004: Motion: A motion by Trites, second by Maske to table (at the Applicant’s request), to January 12, 2005 (maps must be received by Land & Resource Management by December 22, 2004), to allow the Applicant to address the following: 1. Address safety : ' issues. 2. Locate a cul-de-sac. 3. Provide appropriate verification of Township road access. 4. Incorporate Township & County specifications. 5. Provide a profile that includes an elevation scale. i, :■ t January 12, 2005: Motion: A motion by Maske, second by Sha to approve the Revised Map (received by Land & Resource Management December 21, 2004), prior to processing the Conditional Use Permit, an erosion control plan must be approved by Land & Resource Management. Chairman/Otter Tail County Planning Commission County Board Action 01/18/05 - Taylor Investment Corporation Motion by Lee, second by Nelson, and unanimously carried to deny the Conditional Use Permit request as presented on the’ Revised Map (received by Land & Resource Management December 21, 2004) because of safety concerns with the proposed approach from the Township road. The property is described as Lots 5 & 6 ex flowage. Section 28 of Friberg -Township;-Wesf Red River Lake (56-711). Approved As Recommended ___Denied As Recommended other Chairrhan/Otter Tail County Board of Commissioners MifeofRi CxS"ol Dat inal Action L & R Official/Date * * CONDITIONAL USE PERMIT # Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management)No W) /All[hr L8/R Official/Date Copy of Application Mailed to Applicant, Co. Assessor and MN DNR _ bk 0204-006 317,339 • Victor Lundeen Co.. Printers • Fergus Falls, Minnesota •! r Planning Commissioi^^ ^^^ecember 15, 2004^ Page 2^ This fill would be moved to the low area behind the proposed home to allow for drainage away from the home. The maximum fill depth of this area is 3 feet and is approximately 2500 square feet. All grading and filling would be completed in conjunction with the construction of the home which we hope to start in April of 2005. The property is described as Scenic Riverview Acres Lot 3, Section 29 of Friberg Township; West Red River Lake (56-711), NE. Rodney Anderson represented the Application. Motion: A motion by Wilson, second by Sha to approve the plan as submitted, provided: 1. The Applicant submits an erosion control plan for approval by Land & Resource Management. 2. No work is done lake ward of the ridge. 3. All areas west of the driveway drain towards the lake. 4. The majority of the roofs drain to the west. Reason for approval is the large amount of undisturbed area between the project and the lake. Voting: All Members in favor, except Boyer, Lachowitzer & Zimmerman. Taylor Investment Corporation - Tabled to January 12,2004: A Conditional Use Permit Application (as stated by the Applicant): Relocate existing driveway further away from the lake, approximately 16’ wide and to construct another private driveway at the south end of the property, approximately 16’ wide. Driveway A is approx. 2,244’ in length & will consist of approx. 1,010 cubic yards of earth excavation & will require approx. 221 cubic yards of class five gravel. Driveway B is approx. 2,385 in length & will consist of approx. 1,073 cubic yards of earth excavation & will require approx. 235 cubic yards of class five gravel. The property is described as Lots 5 & 6 ex flowage. Section 28 of Friberg Township; West Red River Lake (56-711), NE. Scott Sealy represented the Application. Ann Scheidecker expressed concerns (the proposed driveway, near the lake) regarding traffic, safety, drainage & indicated that there was surveying done on their property. She stated that they are “very very” concerned with this request. Duane Mavis (Friberg Townboard) indicated that the Township does not approve of 3 approaches, a 16’ top & the location of the utility easement; he had questions regarding the location of the approach on CSAH 3; & he expressed concerns with the use of an easement. Gordy Hannemen (Friberg Townboard) had questions regarding the location of the proposed road. Motion: A motion by Trites, second by Maske to table (at the Applicant’s request), to January 12, 2005 (maps must be received by Land & Resource Management by December 22, 2004), to allow the Applicant to address the following: 1. Address safety issues. 2. Locate a cul-de-sac. 3. Provide appropriate verification of Township road access. 4. Incorporate Township & County specifications. 5. Provide a profile that includes an elevation scale. Voting: All Members in favor. Hovey’s on Star/Douglas & Nancy Hovey - Approved With Conditions: A Conditional Use Permit Application (as stated by the Applicant): Replace existing trailer with up-graded trailer - 14’ x 74’ ; Replace existing storage shed with new storage shed -12’ x 16’; Install deck to front door - 8’ x 20’; Install deck/step to rear door - 4’ x 10’. The property is described as Pt GL 2 ..., Section 3 of Star Lake Township & Pt SW1/4 SW1/4 & Pt GL 5 ... , Section 34 of Dora Township; Star Lake (56-385), GD. Douglas Hovey, Ronald & Susan Vose represented the Application. I MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, 500 Fir Ave. W. Commissioners’ Room Tuesday, February 1, 2005 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, February 1, 2005, at 9:30 a.m. at the Otter Tail County Government Services Center with Commissioners Bob Block; Chair, Roger Froemming; Vice-Chair, Dennis Mosher, Malcolm Lee, and Syd Nelson present. Approval of Agenda Motion by Mosher, second by Lee, and unanimously carried to approve the County Board agenda of February 1,2005, with several miscellaneous additions. Approval of Minutes Motion by Froemming, second by Lee, and unanimously carried to approve the County Board minutes of January 18, 2005, with a typographical error corrected on Page 5 under Resolution No. 2005 - 40, wherein. Commissioner Lee seconded the resolution, not Commissioner Mosher as initially presented. Approval to Pay Bills Motion by Mosher, second by Nelson, and unanimously carried to approve payment of the County Board bills per Attachment A of the official minutes. ^jjgl^^P^equest for Reconsideration of Denial for Condifiohal Use~P^mit 1 ^rry Johanson, representing Naterra Land Company, addressed the County Board relative to the denial of a Conditional Use Permit to construct a road for proposed lots in Section 28 of Friberg Township on West Red River Lake. Mr. Johanson provided paperwork showing a correction related to property purchased from the Hendrickxes. He presented a map changing the area where the approach for the proposed road would be constructed and stated that the new approach addressed concerns of the Town Board members. He stated that he hoped that the road could be dedicated to the public and built to County specifications. County Engineer, Rick West, mentioned that the new approach had not been field checked yet. Commissioners encouraged Mr. Johanson to reapply for a Conditional Use Permit and took no action to reconsider the previous denial. Letter of Credit Request ^^^nalf of Mike Vipond of Interlaken Estates, Land & Resource Director, Bill Kalar, presented a letter requesting Otter Tail County to allow Mike Vipond to provide a letter of credit that would guarantee funds to correct any deficiencies that may be found in the construction of the road that services Interlaken Estates after the inspection in the spring. This would allow approval to file and record the Final Plat. Motion by Lee, second by Mosher, and unanimously carried to allow a Letter of Credit in lieu of completion of the road for Interlaken Estates provided the Letter of Credit is from a Banking/Lending Institution and the funds would be available from that lender if the County deemed necessary for completion of the road. Interlaken Estates is located on Elbow and Franklin Lakes in Dunn Township. OTC Board of Commissioners' Minutes January 18, 2005 Page 4 Conditional Use Permit - Taylor Investment Corporation: Mr. Kalar reported that the original CUP request to relocate a driveway and construct a driveway of Taylor Investment Corporation was tabled, and at the Planning Commission meeting held on January a revised plan was considered. The Planning Commission recommended approval of the revised plan; however, since that meeting, correspondence from Friberg Township has been received. The correspondence was distributed to Board members. Friberg Township Board members expressed safety concerns regarding the proposed approach coming from the Township road. They stated that they would prefer a road coming off of County Road 3. There was some question as to whether or not Taylor Investment owned the property necessary to build the road from CR 3. Motion by Lee, second by Nelson, and unanimously carried to deny the Conditional Use Permit request as presented on the Revised Map (received by Land & Resource Management December 21, 2004) because of safety concerns with the proposed approach from the Township road. The property is described as Lots 5 & 6 ex flowage. Section 28 of Friberg Township; West Red River Lake (56-711). Conditional Use Permit - Jeff & Wendy Grabow: Motion by Froemming, second by Nelson, and unanimously carried to approve a Conditional Use Permit to allow a one-operator beauty salon as presented. The property is described as Pleasant Shores Lot 20 BIk 1 & 2 N of Sec Line, Lot not to be split and Pleasant Shores Lot 20 BIk 1 & 2 S of Sec Line, Section 5 & 8 of Girard Township; Ethel Lake (56-193). State Shoreland Management Ordinance Update BWSR Block Grant Mr. Kalar provided a draft Shoreland Management Bill and briefed the Board on proposed changes. He also presented the 2005 Board of Water and Soil Resources Block Grant. Motion by Nelson, second by Mosher, and unanimously carried to authorize the Land & Resource Manager to proceed with application for the BWSR Block Grant for 2005. The County is eligible for $102,700 with a match of $105,452. Fraud Investigator and Fraud Prevention Positions County Attorney, David Hauser, briefed the County Board regarding the position descriptions of the Fraud Prevention and Fraud Investigator positions. He noted that there is overlap in duties of the positions. Motion by Lee, second by Nelson, and unanimously carried to approve the concept of eliminating the Fraud Prevention position and replace it with a second Fraud Investigator position under the County Attorneys’ office. County Ditch Annual Maintenance Assessments Motion by Mosher, second by Lee, and unanimously carried to authorize the following annual County Drainage System repair/maintenance assessments for payable year 2005; $2,000.00 $1,000.00 Project Assessment for 2005 $3,000.00 $2,000.00 $750.00 $2,000.00 Project Assessment for 2005 $750.00 County Drainage Ditch No. 04 County Drainage Ditch No. 05 County Drainage Ditch No. 11 County Drainage Ditch No. 12 County Drainage Ditch No. 21 County Drainage Ditch No. 29 County Drainage Ditch No. 37 County Drainage Ditch No. 38 County Drainage Ditch No. 43 Planning Commission January 12, 2005 Page 2 “Joyces Addition’VJohn P. & Clark A Squires (Property Owners) Paul Motschebacher (Developer) - Tabled to April 13, 2005: A Preliminary Plat of “Joyces Addition” consisting of 4 Non-residential backlots (to be attached to lake frontage lots), 1 block. The property is described as : GL 2 ex platted ex trs & GL 1 ex platted ex trs & NW1/4 SE1/4 E of creek, Section 14 of Rush Lake Township: Rush Lake (56-141), GD. Jim Peterson (Anderson Land Surveying) represented the Application. Motion: A motion by Trites, second by Lachowitzer to table (at the Applicant’s request) to April 13, 2005, to allow spot elevations be done on all lots to confirm that the elevation above the OHWL is compliant with the Shoreland Management Ordinance. Voting: All Members in favor. Taylor Investment Corporation - Approved Revised MapAA/ith A Condition: A Conditional Use Permit Application (as stated by the Applicant): Relocate existing driveway further away from the lake, approximately 16’ wide and to construct another private driveway at the south end of the property, approximately 16’ wide. Driveway A is approx. 2,244’ in length & will consist of approx. 1,010 cubic yards of earth excavation & will require approx. 221 cubic yards of class five gravel. Driveway B is approx. 2,385 in length & will consist of approx. 1,073 cubic yards of earth excavation & will require approx. 235 cubic yards of class five gravel. The property is described as Lots 5 & 6 ex flowage, Section 28 of Friberg Township: West Red River Lake (56-711), NE. Motion - December 15, 2004: A motion by Trites, second by Maske to table (at the Applicant’s request), to January 12, 2005 (maps must be received by Land & Resource Management by December 22, 2004), to allow the Applicant to address the following: 1. Address safety issues. 2. Locate a cul-de-sac. 3. Provide appropriate verification of Township road access. 4. Incorporate Township & County specifications. 5. Provide a profile that includes an elevation scale. Scott Sealy represented the Application, he indicated that in order to meet County and Township Specifications, the total earthmoving will be 4,412 cubic yards, and the total Class 5 used will be 770 cubic yards.. Gordy Hannemen (Friberg Townboard) expressed concerns about the approach to County Hwy #3 and indicated that Otter Tail Power has flowage rights, it is not an easement. Ann Scheidecker has questions regarding proposed driveway Driveway A. Duane Mavis (Friberg Townboard) expressed concerns regarding the road and the Township being petitioned to take it over. Motion: A motion by Maske, second by Sha to approve the Revised Map (received by Land & Resource Management December 21, 2004), prior to processing the Conditional Use Permit, an erosion control plan must be approved by Land & Resource Management. Voting: All Members in favor. #/ In. -the. ini.e.n.e.n-t of. Aafe.t^, if t a.y.Lo n. I nv e.Atme.ntA. wpuLd bu^ about f ac/ie. fnom pn.oparity, ownan t-ant, than tha Atnatyktanad a LtttLa ao tha dtiLvaway would aoma out of tha mant aouLd ye.t pLanty of dint off tha hiLL in tha i ownAhip Aoad to fiLL thain. appnoaah. 7^2 / ha appnoaah on tha dnivaway AhouLd aoma out to tha LavaL of tha !ownAhip noad with Aoom fon a AahooL buA to Atop and y^t Atantad ayain in tha wintan tima without any pnobLam. to tha f tha townnhip noad aouLd baaonnan o f tha IownAhip noad. IayLon invaAt-aonnan o RECEIVED JAN 1 8 2005 LANDS RESOURCE jz> 7^^ //■ ^ioH u/Pca>^J ^^cLi^tc-, / P-^tl o^ ^/=, J A^e/^froi - Uv/cri'<vr^)^(?ie I C\/^fltY' ' ^l(ylz ^ J ' i - AJ<^ ilcrA^^ n^ f r/'5 f ill erP^ j^f jj^ U)^i{^ J A^ Pcssi^ j-k / p^f 5^i/)»Y U>\.yt^ro-J: ®/cf~ Ca/'i^o/^f' S Acwi^/1«Ou^. L^ J /r^ V, y^/t» 5 c^ Li 5 ^(i lf6^ «i iS I"f uv<v« C^fP l^-rrf Or^ ^ ^vVt -v5f C<^ /i *0f J * k Ai.^*1 l/t / ? p^ /v/ ^€Si/5,=.Ai ■ A ( A 9 a A ' $ V% i i ^ 4 a ^0/ O i) (r^ V dJ < >1' |: Kyle Westergard - RE: West Red River Survey Taylor Investments Page 1 "Mitch Brinks" <mbrinks@landecker.com> "Kyle Westergard" <kwesterg@co.otter-tail.mn.us> 11/29/04 4:35PM RE: West Red River Survey Taylor Investments From: To: Date: Subject: Thanks much, Kyle. I will forward this on to those designing the project. Also, I believe that the initial wetland locations were only done in areas where the road was likely to impact them, and so I do agree that more exist than were shown. We will have to address that issue. Thanks again. Mitch •Original Message— > From: Kyle Westergard [mailto:kwesterg@co.otter-tail.mn.us] > Sent: Wednesday, November 24, 2004 3:21 PM > To: mbrinks@landecker.com > Subject: Fwd: West Red River Survey Taylor Investments > > > > > > »> Kyle Westergard 11/24/04 03:14PM »> > Mitch, The TEP viewed this project site today and had a couple of > concerns. The wetland on lots 7 & 8, the one you labled as in question, > should be shown as flagged. A wetland in the SELY corner of lot 3 > does not show up on the survey, and is not flagged. It should be > included. On lot 5 and behind lot 4 we have a strong suspicion that > tile lines may be in the area and may be an issue with Road construction > and may require a flowage easement. I understand that a request to > build a road has been submitted. I suggest you try to address these > issues prior to the meeting as they will be brought up by our office at > that meeting. Please> > contact me if you have any questions. > > Kyle Westergard> Otter Tail County Land & Resource> > (218) 998-8095> > > > I; Kyle Westergard - West Red River Survey Taylor Investments Page 1: "Kyle Westergard" <kwesterg@co.otter-tail.mn.us> <m.brinks@landecker.com> 11/24/04 3:14PM West Red River Survey Taylor Investments From: To: Date: Subject: Mitch, The TEP viewed this project site today and had a couple of concerns. The wetland on lots 7 & 8, the one you labled as in question, should be shown as flagged. A wetland in the SELY corner of lot 3 does not show up on the survey, and is not flagged. It should be included. On lot 5 and behind lot 4 we have a strong suspicion that tile lines may be in the area and may be an issue with Road construction and may require a flowage easement. I understand that a request to build a road has been submitted. I suggest you try to address these issues prior to the meeting as they will be brought up by our office at that meeting. Please contact me if you have any questions. Kyle Westergard Otter Tail County Land & Resource (218) 998-8095 Kyle Westergard - RE; West Red River Survey Taylor Investments Page 1 "Mitch Brinks" <mbrinks@landecker.com> "Kyle Westergard" <kwesterg@co.otter-tail.mn.us> 11/30/04 4:45PM RE: West Red River Survey Taylor Investments From: To: Date: Subject: Hey Kyle, We are currently investigating the drain tile issue. I know that we have talked about eliminating the lines if they drain south since there is no longer a big need to have them in, if that is allowed, I don't know?? If they drain north then a drainage easement will likely have to be in place I would think. Either way, we are planning on taking the necessary steps to resolve this issue and thanks again for bringing this to our attention. Regarding the wetlands... It sounds like you want us to locate all the wetlands, regardless of whether or not they impact the road, do you also want a full-blown delineation with a report?? I just have apprehensions about conducting a delineation in frozen conditions. Although the majority of the wetlands have been shown on the current certificate of survey, they have not been flagged. Is this something you want us to do as well, or simply locate the wetlands that we have not located yet?? We have moved the road plans to go north of the wetland in lots 7,8 as you will see in the most current exhibit (attached). Thanks for your patience, we have not worked much in Otter Tail county, so please let us know what your typical procedure/requirements are for wetlands. Different counties have different requirements for delineating, mapping, flagging, and reporting wetlands as you probably already know. Thanks for your time. Mitch Brinks <dlandecker@landecker.com>CC: Page 1I Kyle Westergard - E041156 SHT 1.pdf EXHIBIT CONDITIONAL USE HERMIT PART OF OOVTRNMENT LOTS 5 AND 6. SECTION AND PART OF GOVERNMENT LOT 6, SEO10N ALL IN' TOWNSHIP 1>4 NORTH, RANGE O V.’EST, OTTER TAIL CODN’Tr'. .MINNESOTA 13, OTTER T.ML Rr/ER (RED RIVER LARE)/•* i1 i ":k- m ji Kyle Westergard - RE: West Red River Survey Taylor Investments Page 1 Kyle Westergard Mitch Brinks 12/1/04 4;53PM RE: West Red River Survey Taylor Investments From: To: Date: Subject: Mitch, As to the Tile lines if any, They were obviously put in for drainage, so if eliminated may result in additional wetland areas reappearing, which does not always sit well with landowners. Wetlands, Currently we cannot require all the wetlands to be shown on a Metes and Bounds split, however, presence of wetland does influence many things, ie sewer, structure location etc. and so it is a good idea to show them. We are trying to have changes made to the subdivision rules that would likely make it a requirement to show wetlands on M&B splits(similar to platting). We do not require a full blown delineation report for M&B splits, but do require one for Plats. Because you have to apply for a Conditional Use Permit for the road, the Planning Commision could require the Delineation report and location of all wetlands as a condition to an approval, and will most assuredly require compliance with the WCA at a minimum. Complete avoidance of wetland impact with the road will make the process much smoother and will be less work for all of us. Kyle »> "Mitch Brinks" <mbrinks@landecker.com> 11/30/04 04:44PM »> Hey Kyle, We are currently investigating the drain tile issue. I know that we have talked about eliminating the lines if they drain south since there is no longer a big need to have them in, if that is allowed, I don't know?? If they drain north then a drainage easement will likely have to be in place I would think. Either way, we are planning on taking the necessary steps to resolve this issue and thanks again for bringing this to our attention. Regarding the wetlands... It sounds like you want us to locate all the wetlands, regardless of whether or not they impact the road, do you also want a full-blown delineation with a report?? I just have apprehensions about conducting a delineation in frozen conditions. Although the majority of the wetlands have been shown on the current certificate of survey, they have not been flagged. Is this something you want us to do as well, or simply locate the wetlands that we have not located yet?? We have moved the road plans to go north of the wetland in lots 7,8 as you will see in the most current exhibit (attached). Thanks for your patience, we have not worked much in Otter Tail county, so please let us know what your typical procedure/requirements are for wetlands. Different counties have different requirements for delineating, mapping, flagging, and reporting wetlands as you probably already know. Thanks for your time. Director of Operations/ General Counsel: Tfoy Gilchrist Agency Associate:Kristen McCullough Agency Financial Assistant: Virginia Magee Agency Secretary Marci Grotberg MINNESOTA ASSOCIATION OF TOWNSHIPS AGENCY Minnesota Association of Townships Insurance & Bond Trust (MATIT) November 17, 2004 RECEIVED DEC 1 0 2004Duane Mavis, Clerk Friberg Township 30066 - 275‘^ Ave. Erhard, MN 56534 LAND & RESOURCE Dear Duane: I am writing in response to your letter dated November 10, 2004 in which you requested information regarding an easement in your town that boarders on Red River Lake. You sent a copy of the Certificate of Survey and Covenants for the lots. You asked for my opinion on whether the documents are “sufficient to protect the township from having to build the road in the survey in the future?” Unfortunately, it is difficult to give you any answer more definite than the town should not be in a position in the future to be legally obligated to build up or maintain the road. I will briefly explain why I cannot provide you an absolute answer to your question. As I mentioned during our telephone conversation, the town’s potential responsibility towhr4Jhe_^r road will depend in large part on whether the easement has been dedicated to the public under Minn. Stat. Chap. 505, dedicated directly to the town under Minn. Stat. § 164.15, or in some other way given to or accepted by the town. Because the documents you sent are not clear on this point, though the language of the Covenants seem to indicate no dedication has been made, I can only comment based on assumptions of whether a dedication has occurred. Assuming No Dedication to the Public / Town If there has been no dedication to the public or town, and the board has not acted to take over the maintenance of the road, then this would essentially be treated as a private easement that the town would have no obligation toward unless it voluntarily agreed to assume responsibility for it. Absent a specific showing of a dedication, the board can take the position that the road is private and that the board has no responsibility for it now or in the future. Assuming a Dedication If the road was dedicated to the public by plat, Minn. Stat. § 164.11 presumes it is a cartway. As a cartway, it is open for public travel but is maintained privately. The town is not obligated to, and is in fact prohibited from, spending any money on it until the board passes a resolution finding that the public interest warrants such an expenditure. Passing this type of resolution essentially means the board intends to take over and maintain the road for all time. 805 Central Ave East • PO Box 415 • St Michael, MN 55376 • www.mntownships.org AGENCY 17631 497-2330 • MN WATS (800) 262-2864 • FAX (763) 497-3233 T ■ ■ h i » There also exists a process whereby the electors can vote to require the town to spend money to maintain a cartway. Under Minn. Stat. § 164.10, at least 10 taxpayers can petition the board to have it ask the question of whether to spend town money to maintain a particular cartway at an annual meeting. If those at the meeting vote in favor of the town maintaining the cartway, then the board is required to spend town funds on the cartway. You may have noticed that Article X of the Covenants places restrictions on what the owners would need to do before asking the town to take over the road. The section, starts by saying the “sixty-six foot wide easement for ingress, egress & utility purposes has not and will not be built to Township or County Specifications.” But if the owners want to petition the town to take over the road, they would first be required to. build it up to town and county specifications at their own cost. While this language sounds favorable to the town, if at some point in the future the ovraers want the town to take on the road it is likely the restriction will be given little weight. The owners can ask the town to take over the road at any time since these Covenants do not override • state law and the board cannot enforce the restrictions in the Covenants since it is not an owner of the Subject Property. Furtherriiore, since it would be the owners approaching the town asking it to take over their road, it is unlikely another of the owners would pay to, take legal action to force them all to spend their rtioney to first build up the road. ■Jr';.. That being said, even though the owners may ask the town to take on their road in the future despite not complying with the Covenants, the board is, still not required to take it over absent a vote as mentioned above or some action of the board voluntarily taking ,over the road (such as : the town voluntarily maintaining it for a period of time). To help gain a better perspective on whether a dedication has ever occurred,, someone from the , ; town should contact the county recorder’s office to inquire if anything has been recorded regarding this easement. If so, who is the benefactor or owner of the easement? ’ s-r-- In sum, it appears unlikely that the board will have any obligation toward the road, but there are scenarios in which the board may incur some obligation either through its own actions or through those of the electors. Keep in mind that in the spectrum of risks that face towns, this should not cause the board a great deal of concern since it is not likely to come about., However, be sure the town does not begin to ,do any maintenance oh' this road. If you start maintaining it, ah argument will be created that you have taken it over. I am returning the documents you sent me so you can retain them for your records. Please feel free to contact me if you have any other questions. Sincerely, Troy GU^imst Attomdy RECEIVED DEC 1 0 2004 Draft Copy land & RESOURCE RED RIVER LAKE (OTTER TAIL RIVER) CERTIFICATE OF SURVEY DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS THIS DECLARATION made this 22"“^ day of October 2004 by Taylor Investment Corporation, a corporation under the laws of the State of Minnesota (hereinafter referred to as Declarant) and referred to as Mortgagee). (hereinafter WITNESSETH: WHEREAS, Declarant is the owner of real property legally described as: SEE ATTACHED EXHIBIT “A” (Hereinafter referred to as “Subject Property”). WHEREAS, Declarant desires to provide for the preservation of the values and amenities of Subject Property and to this end desires to subject aforesaid Subject Property to the covenants, conditions, reservations and 1 Draft Copy charges hereinafter set forth, each and all of which is and are for the benefit of Subject Property as a whole and all owners of any part thereof. NOW, THEREFORE,'Declarant does hereby give notice to all purchasers and their successors of any portion of Subject Property hereinbefore described and whomsoever it may concern that Subject Property is and each and every conveyance or any portion of Subject Property will be subject to the following covenants, conditions, restrictions and charges which will inure to the benefit of and pass with Subject Property and each and every lot thereof, and shall apply to and bind each successor in interest and any owner thereof ARTICLE I GENERAL PURPOSEThe purpose of this Declaration is to insure the best use and the most appropriate development and improvement of the Subject Property; to protect owners of Subject Property against such use of surrounding property as will detract fi-om the value of their property; to preserve, so far as practicable, the natural beauty of Subject Property; to encourage and secure the erection of attractive structures.thereon with appropriate locations thereof on each lot; to promote harmonious improvements of Subject Property; to secure and maintain proper setbacks from the roads and adequate fi*ee spaces between structures; and in general to provide adequately for a high type in quality and improvement in Subject Property and thereby to preserve and enhance the value of investments made by purchasers of Subject Property therein. a 2 Draft Copy ^ ARTICLE II USE OF LAND All terms, regulations and conditions of any applicable city, township. •i: county or state zoning or subdivision ordinances, statute or regulation shall be and remain in full effect. There are many properties in the State of Minnesota along lakes, rivers & streams that may contain burials or human I. 7V- remains: Due to the nature of these sites, they are almost impossible to locate and they can and are located almost anywhere in the State. In the event during construction or earth moving should any burials or human remains be unearthed; one should stop all activities and call the local sheriff '■V'"' ■or local law enforcement per MN State Statute 307.08. The State archaeologist will authenticate whether it is a burial site and the state shall ■'l. pay all cost for the authenticatiom marking , and rescue of the unmarked or unidentified burial ground or burials. No authenticated and identified Indian burial ground may be relocated unless the request to relocate is approved by the Indian Affairs Councih and if approved the cost will be the property owner’s responsibility. No further subdivision ofianv lot shall be allowed for additional \ building sites. Subject Property is intended for single family use only. Noxious or offehsive trade dr activity shall not be carried on upon the. Subject Property, nor shall anythfing be done thereon which may be or become an annoyance or nuisance to the neighborhood. No mobile homes, junk cars or shacks shall be permitted on Subject Property, nor shall any structure of a. temporary character be used as a residence. Modular homes and manufaptured.;homes shall be permitted. ;r ;:• •i.- .V 1 • Draft Copy Travel trailers shall be permitted on a temporary basis only and then for recreational purposes and must be the only dwelling unit onsite and.shall not be used as a permanent dwelling. No on-site unhoused storage will be allowed for excess material and infrequently used vehicles. Storage of snowmobiles, boats, trailers, golf carts and other seasonal items frequently used will be allowed as long as they are kept in a neat and clean condition, pfovideid they are not kept closer than 20 feet from the right of way of any public road and 10 feet from any property line. Campers can not be stored on a lot unless it is the only dwelling and a permit has been obtained from Land & Resource Office. Outdoor privies shall be permitted only as allowed by applicable law or regulation and then not closer than 20 feet from the right of way of any public roadway, 10 feet from, any property line and 200 feet from the ordinary high water mark of Red River Lake. All outdoor privies must be enclosed. Horses, cows, goats, sheep, poultry, swine or fowl of any kind will not be permitted to be kept on any part of Subject Property. Common household pets will be permitted and shall be properly restrained so as to avoid becoming any annoyance or nuisance to the neighborhood and shall be in accordance with any other applicable ordinance. All exterior lighting shall not interfere with the use and enjoyment of neighboring properties. 4 Draft Copy ARTICLE m TYPE OF MATERIALS All structures erected shall be of new materials and new construction and the exterior shall be completed within one (1) year after commencement of construction. Building exterior must be suitably finished. Finishes shall be of colors that are in harmony with the colors of.the natural surroundings, such as those commonly referred to as “earth tones”. All homes, cabins or other dwellings livable area whether permanent, seasonal or recreational shall be at least 900 square feet in size and not less than 20 feet in width and must have a permanent foundation. This square foot requirement does not apply to travel trailers. ARTICLE IV GARBAGE AND REFUSE DISPOSAL No lot shall be used or maintained as a duinping ground for rubbish, trashy or garbage,mor shall any waste be kept on Subject Property, except in sanitary containers. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition and shall comply with all local, state, federal and/or other regulations. ARTICLE V BUILDING LOCATION All buildings shall be located on their respective lot in accordance with the applicable state, county, city, or township regulations, ordinances or laws which shall supersede any provisions contained herein. A 200-foot horizontal setback fi*om the ordinary high water mark is required for all dwellings. In addition, no building, trailer or other structure permitted 5 Draft Copy under the terms of this Declaration shall be located closer than 20 feet to the right of way of any public road and 10 feet from the sideyard. Satellite dishes are considered a permanent structure and must meet all setback regulations. • • I ARTICLE VI WELLS All wells installed on Subject Property must be a drilled well and a deep well. Deep well defined as “any well drilled in a depth greater than fifty (50) feet”. -i •i ARTICLE VII TIMBER REMOVAL Clear cutting of Subject Property will not be allowed unless for the purposes of clearing a building site, a garden area or driveway. Selective harvesting of live timber pursuant to a Timber Management Plan is permitted. All stumps that are-removed shall be buried, burned or otherwise displaced from Subject Property. Harvesting of dead trees for personal use as firewood will be allowed. Vegetative screening shall be maintained in accordance with Otter Tail County Zoning Ordinances. Lawn fertilizers on Subject Property shall be prohibited within 200 feet of the ordinary high water mark of Red River Lake. Only organic fertilizers shall be permitted on the Subject Property lying outside of the prohibited area. 'i; •-C i; 6 .> 1 Draft Copy :ARTICLE VIIISHORELINE ALTEliATIONS Work in shoreland ^eas and within the shoreland impact zones usually requires a special permit. Any alterations such as; excavating, filling, grading or removal of vegetation below the ordinary high water mark or within the shoreland impact zone of Red River Lake may require approval from the Department of Natural Resources and/or the Army Corp of Engineers and Otter Tail County. Prior to doing any work within the shoreland area and the shorel^d impact zone, you must check with the proper regulatory bodies. There will be no excavating or filling of wetlands allowed on Subject Property without proper permits required by Otter Tail County. ;• >•■r a! :,r r- ARTICLE IX EROSION CONTROL Erosion control measures must take place oh every lot within Subject ‘ Property before construction begins and must be maintained until after all construction is completed to comply with MPCA Sediment & Erosion. Control for New Homeowners of individual lots. All lots shall be landscaped in such a fashion to maintain natural drainage to minimize any erosion or runoff . All topsoil disturbed by construction shall be replaced within 14 days after completion of construction using seed and mulch or sod. i • f •• I •.-•i '■.rf Vegeta!tion within 100 feet of the ordinary high water mark of Red River Lake must be maintained according to Otter County Zoning Ordinances to minimize and to direct runoff to the lake and to protect the 7 Draft Copy screening. In addition, Otter Tail County may require an erosion control plan at the time of obtaining a building permit on lots that slope or drain towards Red River Lake. Silt fencing and bale checks are being required as an extra erosion control measure on the down grade side of all construction projects to prevent any sediment from leaving the site or entering Red River Lake. ARTICLE X 66 Foot Easement The sixty-six foot wide easement for ingress, egress & utility purposes has not and will not be built to Township or County Specifications. The owners through these covenants hereby agree to share in the cost of maintenance and repair of the roadways that it services. Should the property owners ever want to petition the Township to take over the roadway the property owners must first build the roadway according to Township & County Specifications at their expense. The owners through these covenants agree to maintain,the roads in such a manner to provide access for emergency vehicles. Any lot owner not paying their fair share shall be liable and responsible to the other lot ownersTor any such assessments. It is recommended that the owners meet on a yearly basis to determine the proper assessment of the cost to each owner for said maintenance. Any lot owner not paying their fair share assessment shall be liable and responsible for the other lot owners for any such assessment. In the event any lot owner does not pay his/her allotted share within 30 days of notification, the other 8 Draft Copy ■; lot owners may bring an action at law against the delinquent owner personally obligated to pay the same, or foreclose a lien against the property. No owner may waive or otherwise escape liability for his/her share of cost by non-use of said roadway or by abandonment of their lot. The owners through these Covenants agree that they will maintain the roadway in such a manner, to provide access for emergency vehicles. If Otter Tail County or Friberg Township in an emergency situation need to repair, remove snow, etc., for emergency purposes, the cost will be assessed to the effected lot owners using the roadways and hereby authorize such charges. As an exception to the foregoing.provision regarding road maintenance, the road shall be cleared of snow during the winter sea:son at the expense of those owners of lots who occupy their lot during .part or all of the winter season. That expense shalFbe allocated on a prorata basis amongst said winter occupants! In the event an owner or adjacent owner has an issue regarding the road, said owner shall notify all owners of record regarding the specific issue affecting the road. Said notice shall be in writing and delivered to each owner’s principle residence;or other’location as specified by owner not less than 30 days prior to a scheduled meeting nor longer than 45 days prior to the scheduled meeting. (■ : •i» . Unless otherwise specified, meeting location shall be held at the road and a quorum of 3 property owners of record must be present to vote on said issue, except by proxy votes, which will be permitted and included as part of the quorum. Proxy votes must be received a least a day prior to the 9 Draft Copy V scheduled meeting date. Proxy votes are to be delivered to the owner of record who requested the meeting. A majority vote of those present together with proxy votes shall rule on all issues affecting the road. ARTICLEXI TERM AND RIGHT TO ABATE VIOLATIONS The provisions contained herein shall run with and bind Subject Property and shall inure to the benefit of and be enforceable by or against any owner of land included in Subject Property, their respective legal representatives, heirs, successors, and assigns and shall remain in full force and effect unless this instrument is signed by the majority of the then owners of Subject Property and recorded, agreeing to change said covenants in whole or part. If any lot owner or persons: in possession of any of said lots shall violate or attempt to violate any of the covenants, conditions, and restrictions herein contained, it shall be lawful for any other person or persons owning any real estate situated in the Subject Property to prosecute any proceedings at law or equity against the person or persons violating or attempting to violate any such covenants, either to prevent him or them fi'om so doing or to recover damages fi'om such violations. Failure by any land owner to enforce any restrictions, conditions, covenants, or agreements herein contained shall in no event be deemed a waiver of the right to do so 10 Draft Copy ' ■; thereafter as to the same breach or as to one occurring prior or subsequent thereto. ‘ - The invalidation of any one of these covenants by judgment of court order shall in no way effect any of the other provisions, which shall remain in full force and effect. IN WITNESS WHEREOF, Declarant Taylor Investment Corporation, a Minnesota Corporation, does hereby cause this instrument to be executed in its name on the day and year first written above. TAYLOR INVESTMENT CORPORATION BY: Scott A. Seeley/ Assistant Secretary STATE OF MINNESOTA ssCOUNTY OF CROW WING On this__day of November, 20,04, before me a notary public within and for said County, personally appeared Scott A. Seeley, to me being personally known, who being by me duly sworn did say that he is the Assistant Secretary of Taylor Investment Corporation, a corporation under the laws of the State of Minnesota, and that the foregoing instrument was signed in behalf of said corporation by authority of its Board of Directors and said Scott A. Seeley acknowledged said instrument to be the fi'ee act and deed of said corporation. Notary Public Notary Stamp 11 Draft Copy :r Mortgagee does hereby consent to the foregoing covenants, conditions, and restrictions. Mortgagee shall not by its consent be responsible for the enforcement of any of the provisions and shall be held harmless by any owner seeking to enforce any of the covenantsfconditions and restrictions. DIVERSIFIED BUSINESS CREDIT, INC. BY: Robert L. Johnson Vice President and Treasurer STATE OF MINNESOTA ss ■ COUNTY OF On this day of November, 2004, before me a notary public within and for said County, personally appeared Robert L. Johnson, to me being personally known, who being by me duly sworn did say that he is the Vice President and Treasurer of Diversified Business Credit, Inc., a^ corporation under the laws of the State of Minnesota and that the foregoing instrument was signed in behalf of said corporation by authority of its Board of Directors and said Robert L." Johnson acknowledged said instrument to be the free act and deed of said corporation. Notary Public Notary Stamp 12 i. 5 Draft Copy ' : This mstrument was drafted by: Taylor Investment Corporation P.O. Box 932 Brainerd, MN 56401 ;; i'- RECEIPT FOR covenants; COIp)ITIONS AND RESTRICTIONS ■■j FOR SUBDIVISION# 1272 Thave received a copy of the Declaration , of Covenants, Conditions and .1^ Restrictions for Abbys River Ridge (Red River Lake) - Certificate of Survey Subdivision. NAME ADDRESS DATE ;r' '!- 13 received 0 5 2005 & resource //-o/L A.ia/ite./L4.j Hode-fiiak He.ncln.Lc.kA- any. of. the. town boand be.fon.e. Aig.ning. the. ce.n.tificate. of Sun.ve.y ntating, that aLL n.e.y.u Lat to nA. had be.en me.t, 2 I he dn.Lveway by the byidye on H iyhway La un- aeceptabLe beeauAe of Aafety concern Lf a AahooL buA AhouLd have to Atop. aonae/in on LaAt end of pnopoAed n.oad on dn.Lveway. comeA onto Hed IlLven. HeLyhtA n.oad wouLd aLAo h blLnd appfiaach becauAe of the htLL to the LaAt and cloAe (h'cA La a ven.y unAafe appn.oaeh, the townboand of FnLbeng, I ownAhLp on. d/iLveway come out on the COntactedneven. 3 F that e a to the CO nnen. h Ihenefone, we necpmend that the n.oad tanmAtead dnLveway on top of the hLLL Aouth of the BALdye, a Aafen approach. 3 I he conneAA on thtA noad have to be foAyLvLny, 6 I he Aoad dLtcheA have to be Aeeded Lnto ynaAA. 7. The proposed road would need to be dedicated to the public (not an easement road). tV f ■i-t ■ f **■ w,?'--/■£0 Si’flffS l/i'.Ei fee I- U ^ ^ y /(^ GSl't'J A\’ Jo h ^ h $0h l)l§ferr? Uhd. pC> id^(>3^(?(jcr flc/dd DrS/^ei'd^ Md. .51 do I N\ n A/y-T ^7yj yz-!^ /tj\^ yi^tnA /r) f> /tf\p /lyiyH^ ylA^Afy) yt^ jin 3 /ir^-'Ct:vo-^ J/dn~A /iy-'tij oJu'O-g-y^ A-Oy-^^ ''4'Cyic-^-YiM-y^ /jpjdJJ ‘VtijO ■ / . .1 . V 7 4 s yi'(TO ■4/ij^ /tl dUtU.A^'] (duu’\yrfi&^ L I / #