HomeMy WebLinkAbout32000210154006_Variances_07-05-2012Variances
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Barcode 128
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Date Stamp DOC# 1111782 iiiliiliiill ill
OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY, MINNESOTA
Certified, Filed, and/or Recorded:
July 09, 2012 1:00 PM
Wendy L. Metcalf, Recorder
1111782
Fee: $46.00
Well Certificate [ ] Rec'd
received
MAY 2 1 ZOtt
jjVNO & RESOURCE
Returned To:
LAND & RESOURCE
L&R Initial By: LL
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
Application Fee
Receipt Number //
Accepted By / Date
I /Z . _____________DAYTIME PHONE
jO I ^oo^ev/e^/'/- At.rc, ^ Pe-fcR:>iV iiAJ
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COMPLETE THIS APPLICATION IN BLACK INK
PROPERTY OWNER
MAILING ADDRESS
LAKE NUMBER LAKE CLASSLAKE NAME
SECTION TOWNSHIP RANGE TOWNSHIP NAME
PARCEL
NUMBER
E-911
ADDRESS 3^237 if2cl^2 600 p.(0 02H
LEGAL DESCRIPTION
PT SEl/4 COM S 1/4 COR SEC 21, N 800’ TO PT BG, E 1211’, N 20’, E 195.83’, N 1%932\ S 75 DEG W
57.75’, N 34.02’, S 81 DEG W 33.39’, N 17.56’, W 560.40’, N 69 DEG W 366.78’, N 36 DEG W 151.50’, N
76 DEG W 185.17’, S 5 DEG E 418.92’, W 200’, S 736.06’TO BG.
TYPE OF VARIANCE REQUESTED (Please Check)
iC Cluster WECS Misc.Structure Setback Sewage System SubdivisionStructure Size
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
Requesting a variance Irom subdivision control ordinance to allow sale of a 5 acre parcel from Timothy R. Po-
sch to James D. Jensen, including a 36’x26’ partially completed garage on the parcel, without platting, and as a
substandard nonresidential lot which would be permantly attached to the existing lake lot, T4, owned by James
D. Jensen. The 5 acre parcel is predominantly wetland and contains approx. 9,300 sq. ft. (0.27 acres) of dry
land suitable for nonresidential outbuildings or septic drainfields, taking into consideration the 20’ construction
setback from the road easement. Posch to retain 23.82 acres. 5 acre parcel to be permantly attached to Parcel#
R32-000-21-0154-006.
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND 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.
/- /7'/2-
SIGNATdRE OF PROPERTY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
345,194 • Victor Lundeen Co . Printers • Fergus Falls, Minnesota
''.-•f
TimeDate Of Hearing cv7
Motion
Timothy R. Posch - Approved the variance application as requested with conditions. (6:32 p.m.)
After consideration and discussion, Randall Mann made a motion, seconded by Steve Schierer and unanimously
carried, to approve a variance from the subdivision controls ordinance to permit the sale of a 5 acre nonresidential
parcel, which currently includes a 36’ by 26’ partially completed garage, from Timothy R. Posch to James D. Jensen
with the condition that this 5 acre parcel must be permanently attached to the lake lot identified as Lot T4 on the
drawing submitted with the application and with the condition that a registered surveyor’s drawing must be presented
at the time of conveyance.
irman/Otter Tail County Board ofC stment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
)(_ No
Copy of Application Mailed to Applicant, Co, Assessor and the MN DNR
LR Official/Date
bk 072011-001
- EARNEST MONEY LETTER AGREEMENT -
These funds ($1 are considered earnest money and are to be
applied to the possible future purchase or lease of land and property owned by Tim
Posch along the south side of the South Rose Lake Road easement in Hobart Township,
Minnesota. This land/property is located directly to the south of a lakefront lot which
I currently own and is separated by the road easement.
In the event a purchase or lease does not materialize within 6 months from the
date below regarding this property the fimds shall be returned to me in their entirety
upon request;
-Or-
In the event a purchase or lease does materialize, and the actual agreed upon
amount is less than the amount shown above, the excess funds shall be returned to me
upon request.
-Or-
In the event a purchase or lease does materialize, and the actual agreed upon
amount is more than the amount shown above, Tim Posch will keep the amount of
funds shown above plus be entitled to an additional amount.
In the event I become physically or mentally incapacitated during the 6 months
following the date of this Letter Agreement, the total amount shown above will be
returned to my wife. Dawn M. Jensen (970-631-3775), or in the event of my death, to
the Executor of my estate, Andrew Breck Jensen (andy.jensenll@gmail.com).
In the event Tim Posch becomes physically or mentally incapacitated during the 6
months following the date of this Letter Agreement, the total amount shown above
will be returned to me by his appointed guardian, or in the event of his death, the total
amount shown above will be returned to me by the Executor of his estate.
Neither this Letter Agreement nor the conveyance of these funds to Tim Posch
shall be considered a contract to buy land or property. Both parties understand that a
sale or lease may not materialize due to events beyond my control.
J^ies CLJejisen362DS^. Rose Lake Road, Frazee, MN 56544Date
I /i /r- //-
Tim Posd Date
36^*^ S. Rose Lake Road, Frazee, MN 56544
PURCHASE AGREEMENT
This Agreement entered into this
who agree as follows;
day of ,2012 between Seller and Purchaser,
Definitions. For the purpose of this Agreement:1.
"Agreement" shall mean this Purchase Agreement between Seller and Purchaser.
"Purchase Price" shall mean the monetary consideration for the purchase of the Property.
"Closing Date" shall be on or before April 30, 2012 at a time and place to be designated.
"Earnest Money" shall mean the sum of Ten Thousand and no/100 Dollars ($10,000.00)
paid to Seller, to be offset against and applied to the Purchase Price.
"Property" shall mean the following described real estate, together with all improvements,
hereditaments and appurtenances, in the County of Otter Tail, in the State of Minnesota:
a.
b.
c.
d.
e.
5 acres directly south of Buyer's lake property at 36205 South Rose Lake Road, Hobart
Township, Otter Tail County, Minnesota, part of tax parcel no. 32.000210154024, to
include existing garage improvements.
f "Purchaser" shall mean James D. Jensen and/or assigns.
"Seller" shall mean Timothy R. Posch, single person.g-
Purchase. Seller hereby sells, and Purchaser hereby buys, the Property.2.
Title. Seller warrants that title to the Property is, on the date of this Agreement, subject
only to the following exceptions:
3.
Covenants, conditions, restrictions, declarations and easements of record, if any;
Reservations of mineral or mineral rights in the State of Minnesota, if any;
Building, zoning and subdivision laws and regulations;
The lien of real estate taxes and installments of special assessments which are payable by
Purchaser pursuant to this Agreement; and.
The following lines or encumbrances:.
a.
b.
c.
d.
e.
4. Purchase Price. The Purchase Price shall be the sum of Sixteen Thousand and no/1 OO's
Dollars ($16,000.00) reduced by the Earnest Money, payable as follows:
Buyer shall pay the balance of $6,000.00, together with interest from the date of closing
.% per annum, according to the terms of a promissory note, secured
by a mortgage on the property sold, in annual installments of $2,000 each due on the
anniversary date of closing of each year subsequent to closing, until
, 2015, at which time the entire unpaid principal balance together with accrued
interest shall be due and payable in full.
at the rate of
1
5. At Closing. At the closing and upon receipt of the unpaid balance of the Purchase Price,
Seller shall execute, acknowledge and deliver the Warranty Deed to Purchaser. Purchaser shall
execute and deliver to Seller a Promissory Note and Mortgage. Seller and Purchaser agree to the
following prorations and allocations of costs regarding this Agreement:
Seller will pay all costs of title evidence.
Seller shall pay all state deed tax regarding the Warranty Deed to be delivered to
Purchaser imder this Agreement.
Seller shall pay the cost of recording all documents necessary to place of record title in
the condition warranted by Seller and requested by Purchaser in this Agreement.
Purchaser will pay the cost of recording the Warranty Deed from the Seller, and the Seller
Mortgage.
Each party will pay one half of the closing costs.
Each of the parties will pay its own attorney's fees.
Survey and subdivision expenses will be divided equally between the parties.
a.
b.
c.
d.
e.
f.
g-
6. Real Estate Taxes and Special Assessments. At Closing, the Purchase Price shall be
adjusted as follows:
Current Year's Taxes. All real property taxes and installments of special assessments, if
any, which have become a lien on the Property ("Taxes") and which are due and payable prior to
the year in which Closing occurs, shall be paid by Seller at or prior to Closing. All Taxes which
are due and payable in the year in which Closing occurs, shall be prorated to the Closing date and
Seller's portion shall be paid by Seller at Closing (or proration shall result in Seller's payment of
Taxes from January 1 to the date immediately prior to the Closing Date and Purchaser's payment
of Taxes from the Date of Closing to December 31).
a.
Assessments. All charges for improvements or services already made to or which benefit
the Property, and all levied and pending assessments (general or special) arising out of or in
connection with any assessment district created or confirmed prior to the Closing Date
("Assessments") shall be paid in full by Seller at Closing.
b.
Seller's Warranties.7.
Seller covenants that all buildings are entirely within the boundary lines of the property.a.
Seller warrants that they have not done, executed, or suffered any act or thing whatsoever
whereby the above described premises or any part thereof, now, or at any time hereafter, shall or
may be imperiled, charged or encumbered in any manner whatsoever.
b.
Seller warrants that there is an approved connection to a public electric utility that
supplies power to the garage.
c.
Seller certifies there are no wells or septic systems on the property.d.
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Seller warrants that there are no fuel oil or gasoline spills on the property, and that Seller
has no knowledge of any contamination existing on the property, or that any other hazardous
substance has been stored or disposed of on the property including but not limited to petroleum
and asbestos, or that any other substance or condition exists that would give rise to
environmental contamination.
e.
Property Sold "AS IS". The property being purchased by Buyer, including the garage,
other improvements and fixtures, is not new, and is being purchased “AS IS."
f.
RIGHT AND DUTY OF INSPECTION: Buyer shall have the right and duty to inspect the
property or to have them inspected by a person of Buyer’s choice, at Buyer’s expense. Buyer
shall have the right to make a pre-closing inspection of the property, to determine that the
property is in the same condition as of the date of this addendum. Buyer waives the disclosure
requirements contained in Minnesota Statutes Sections 513.52 et seq., 116.48, 115.55 and any
other disclosures required by statute, ordinance or rule.
THE SELLER MAKES NO REPRESENTATION OR WARRANTY regarding the
condition of the property or the suitability of the property for any intended use by Buyer.
SETTLEMENT IS FINAL: It is understood the Buyer accepts the property “AS IS.” ANY
WARRANTIES OF PHYSICAL CONDITION OF THE PROPERTY CONTAINED IN
THIS PURCHASE AGREEMENT ARE VOID.
The Seller has no further responsibility or liability with respect to the condition of the property.
This provision shall survive delivery of the deed.
8. Additional Terms and Conditions. The purchase of the Property shall be subject to the
following additional terms and conditions:
Seller to remove all personal property not included in the sale from the property prior to
December 31, 2012, or such other date the parties may agree to. Seller and Purchaser shall agree
in writing as to what, if any, personal property is included in this sale.
a.
No Diminishing or Encumbering Title. Seller agrees not to convey, mortgage or do any
act to diminish or encumber the title to the Property while this Agreement remains in force.
b.
Evidence of Title. Within fifteen (15) days of the execution of this Agreement, Seller
shall cause the abstract of title to the Property to be brought current at Seller's expense and
delivered to Purchaser. Purchaser shall have fourteen (14) days to examine the abstract. If title
is found defective. Purchaser shall, within five (5) days thereafter notify Seller in writing
specifying the defects. If the defects render title unmarketable. Seller shall have one hundred
twenty (120) days from receipt of notice within which to make title marketable. If Seller is
unsuccessful in making title marketable within said time. Purchaser may in Purchaser's sole
discretion, accept the title as it then is, or demand a rescission and a refund of the Earnest Money.
In the event of rescission. Purchaser and Seller shall be released as to one another of all further
obligations under this Agreement. However, Seller agrees that Seller will, if title is found
c.
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unmarketable, use diligent effort to correct the defective title vvithin the time provided, including
the bringing of necessary litigation.
d. If the title to property is marketable or is made so within the time allo wed, and the Buyer
shall default in any of the agreements and continue in default for ten (10) days, then the Seller
may terminate this contract. On termination the Seller shall keep all payments made on this
contract as liquidated damages. Time is of the essence of this contract. Neither party shall be
deprived of the right of enforcing the specific performance of this contract, if the contract is not
terminated. Any action to enforce specific performance shall be started within six (6) months
after the right of action arises.
In the event Buyer defaults in his performance of the terms of this agreement and notice
of cancellation is served upon the Buyer pursuant to Minnesota Statutes 559.21, the termination
period shall be thirty (30) days as permitted by subdivision 4 of Minnesota Statutes 559.21.
In the event the property is destroyed or substantially damaged by fire or any other cause
before the closing date, this agreement shall become null and void, at the Buyer's option, and all
monies paid hereunder shall be refimded to him.
e.
Contingencies to Closing.9.
Seller and Buyer receive any required approval for subdivision of Seller'sa.
property.
Seller provides to Buyer any required approval for the existing garageb.
improvements.
Buyer receives any required approval for the installation of a septic system drain
field on the property to service Buyer's existing home located at 36205 South Rose Lake
Road, Otter Tail County, Minnesota, and Buyer receives certification that the property
can accommodate the installation of a replacement drainfield.
c.
d. Buyer obtains official documentation from Seller which defines or delineates the
wetlands on the property.
10. Administration and Construction. This Agreement shall be administered and construed in
accordance with the following provisions.
Time is of the essence of this Agreement. Any reference in this Agreement to time
periods of less than six (6) days shall in the computation of such time exclude Saturdays,
Sundays and legal holidays. Any reference of this Agreement to time periods of Six (6) days or
greater shall in the computation of such time include Saturdays, Sundays and legal holidays. Any
time period provided in this Agreement, which shall end on a Saturday, Sunday, or legal holiday
shall extend to 5:00 p.m. on the next full business day.
a.
4
b. Notices. Any and all notices or other communication provided for in this Agreement
shall be given in writing by registered or certified mail which, unless otherwise designated by a
part, shall be addressed to the addresses shown in Paragraph 1 of this Agreement. As to
registered mail, notices shall be deemed served when property addressed and duly accepted for
mailing as registered mail in a branch of the United States Postal Service. As to certified mail,
notice shall be deemed served when duly deposited in a United States Postal Service mailbox or
at a branch of the United States Postal Service.
Captions. The captions on the paragraphs and subparagraphs of this Agreement are
inserted only for the purpose of convenient reference. The captions shall not be used to construe
or interpret the Agreement or to prescribe the scope or intent of the Agreement.
c.
d. Severability. The invalidity or unenforceability of any particular provision of this
Agreement shall not affect its other provisions. The Agreement shall be construed in all respects
as if such invalid or unenforceable provision was omitted.
Entire Agreement. This Agreement constitutes the complete and entire understanding of
the parties concerning the conveyance of their Property. Neither party shall be bound by or be
liable for any statements, warranties, guarantees, or representations not set forth in this
Agreement which may have been made by any broker, agent, employee or other persons
representing or purporting to represent a party of this Agreement
e.
f. Modifications. No change or modifications of this Agreement shall be valid unless the
same be in writing and signed by all of the parties to this Agreement.
Survival. The provisions of this Agreement shall survive the closing and shall continue
to bind the parties bound by this Agreement.
g-
The delivery of all papers and monies shall be made at the office of THORWALDSEN &
MALMSTROM, Attention: Carl E. Malmstrom, Attorney at Law, 1105 East Highway Ten, P.O.
Box 1599, Detroit Lakes, Minnesota, 56502-1599.
IN WITNESS OF ITS TERMS AND CONDITONS, the parties have executed this
Agreement.
SELLER
Timothy R. PoschDate:
PURCHASER
Date:
James D. Jensen
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