HomeMy WebLinkAbout32000220158000_Variances_08-07-2008Variances
2
Barcode 128
^-1--2j002.
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify thaL n ^ »
thisirtstrument#
was filed/recorded injiiis office
for rec^d on the / > day of
____2008 at ‘7-QO (^at^m
WendyX. M^calf- County Reopt4^ /
■TOcordingWe ^
1043468
d well certifica
^ A_^—
THE ABOVE SPACE IS RESERVED FOR Tl IE 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
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number, 7mnf^ acnd. FMA)MX/A] accepted By/Date^^^T_2M>jc
Qn(L!cl and /.in^ >l] daytime phone00
rSTi 7x^i.u
LAKE NUMBER ^ LAKE NAME
Application Fee
<31(3)
PROPERTY OWNw
R bLAKE CLASS
Rn.hari____
4^4^')^ fitdrht .brts/e.
131M 11TOWNSHIPRANGE TOWNSHIP NAMESECTION
000^^0152 COl
13 2/) 6,^_______PARCE
NUMBE
E-911
ADDRESS
o'awi/T Stoi/4 C4^ A^l) Ci^al A-nwiv^et.') 4 SF//4
^ PT Sl 5 CCX(\ SU) CtDR sere. aS. Ac^ Cl^G>9ci- AiTAcHEti)
T7^-« «
TYPE OF VARIANCE REQUESTED (Please Check)
v/"structure SizeStructure Setback Sewage System Subdivision Cluster Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.\/^ioo^WL Op^(rAj‘^ I *'
Rea,tJ6hnQ O^boa/laru Line, adju^meni- of4be -eai>^pbcperiu
T/ix proper/-u coill thanQe.iih.ape^ tur no-t afz.e. .yiv'^
uOill crilou) '^'Uu, adjatenh- IdrdouOnsLy- do nane_ /eiL
ate-ei>^ 4<y hi3 properpp.'Joj'USMLZ- Rer)UM~F OphryiA^: Pe/^tuist botuicLurn Une, £Pu?ljM.s-hr>ei
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT REGARDING THIS MATTER.
■ 7/isAs K Itx ly II, Idn T
\ 'DATEc
SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)!
tt^e. “W’aM (Po/'eeJ ^
h\j OLpproximAift^ 5s i pt^ +t) <2^5t- .p,
UjJfv paxvdM +c?we. pr^per-ti^ line.The, -hrt^xa^u.-
pfect. ivbe C\djCiOJ^ p^x^i^^cei
-pci
7:S^Date Of Hearing Time
Motion
homas and Rhonda Franklin and Ronald and Linda Franklin - Approved Option No. 2 with a condition. (7:56
.m.)
fter consideration, Steve Schierer made a motion, second by Robert Schwartz and unanimously carried, to approve Option No. 2
3 described in the variance application dated July 15, 2008 and as depicted on the drawing submitted with the variance
Dpiication with the condition that a registered surveying drawing must be submitted at the time of conveyance.
rmanfbtter Tail County Board of Adju;gfment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
X No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 0407-001
329,512 - Vidor Lundeen Company, Fergus Falls. Minnesota
1011291 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify *l>al01129l
this instrument #------------------------
was filed/recorded in this office for record on the.^^^—day of ^
2006atiL^amj0m
No delinquent taxes and transfer entered; Certificate of
Real Estate Value (
Certificate of Real Estate Value No.
Kr . go QOoU
) not required.) filed (
rderWendy L. Metcalf, Co^unW R<YMr)
Wayne Stein, County Auditor recording fe^
.well certificatebyDeputy
.(space above for recording data).
QUIT CLAIM DEED - Individuals to Individual
pwuuTV OF OTTER TAIl-
/S' , 2006Date:
STATE DEED TAX DUE HEREON: S1.65
FOR VALUABLE CONSIDERATION, Charles Franklin and Marilyn Franklin, husband and wife,
Grantors, hereby convey and quitclaim to Thomas Charles Franklin, Grantee, real property in Otter Tail
County, Minnesota, described as follows:
Government Lot 5 of Section 22, Township 137, Range 40.
p)" 3 30DO 2LXO \ 5 2Except:
All that part of Government Lot 5, Section 22, Township 137, Range 40, Otter Tail County,
Minnesota, described as follows:
Commencing at the Southwest corner of said Section 22; thence North 0 degrees 00 minutes
07 seconds East on an assumed bearing along the west line of said Section 22, a distance of"
1940.76 feet to the point of beginning of the land to be described; thence North 59 degrees
48 minutes 04 seconds East a distance of 443.61 feet; thence North 40 degrees 56 minutes 09
seconds West a distance of 402 feet more or less to the shoreline of Rose Lake; thence
Southwesterly along said shoreline to said West line of Section 22; thence South 0 degrees
00 minutes 07 seconds West a distance of 430 feet more or less to the point of beginning.
Containing 2,61 acres more or less. Subject to an easement for roadway purposes over and
across said Government Lot 5, being 66 feet to the left of the following described line:
Commencing at the Southwest corner of said Section 22; thence North 0 degrees 00 minutes
07 seconds East on an assumed bearing along the West line of said Section 22, a distance of
^^.ooO - -0(S% -oo o
I hereby oertlty Ihrt'he
tax66 for the year tor the lands described
^^^i^aCounlY Treasurer
1940.76 feet to the point of beginning of the line to be described; thence North 59 degrees
48 minutes 04 seconds East a distance of 443.61 feet and there terminating.
Subject to additional easements, restrictions and reservations of record, if any.
together with all hereditaments and appurtenances belonging thereto.
The total consideration for this transfer of property is SSOO or less.
(SlwJlAx.
Marilyn FranklinCharles Franklin
STATE OF ^^nl4^1I:eAfe4c^■ i
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of OC.'fo
2006, by Charles Franklin, husband of Marilyn Franklin, Grantor.
CARRIE L. HENRIKSON
Notary Public, State ol North Dakota
My Commission Expires December 5.2008
STATE OF NORTH DAKOTA
Signature of Person Taking Acknowledgment
STATE OF
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this 1^ day of
2006, by Marilyn Franklin, wife of Charles Franklin, Grantor.
ANNA LAVELLE
Notary Public((Slate of North Dakota
My Commission Expires Sept, 16,2011 Signature of Person Taking Acknowledgment
/
110
SCALE! I INCH = 100 FEET
o Denotes iron monument found.
o teNOTES IRON MONUMENT ^SEJ mRKED "RLS
Bearings'ARE based on an assumed datutt.
, S»f CORNER SEC. Z2, T.I37, R.40
-.6
.•r
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this Inetrument #___flled/record^ in this office
104.0S12
1040^1^
was
fpin
order
PARTIAL RELEASE OF REAL ESTATE
FROM DEED OF APPURTENANT EASEMENT
Thomas Charles Franklin and Rhonda Franklin, husband and wife, are the owners and
current beneficiaries of a certain easement for roadway purposes that they obtained by virtue of
the deed of appurtenant easement executed by Ronald J. Franklin and Linda K. Franklin,
husband and wife, said deed of appurtenant easement having been filed as Document Number
612249 on January 21, 1983 in the office of the Otter Tail County Recorder.
WHEREAS, The record title owners of the property subject to the easement referred to
above are Ronald J. Franklin and Linda K. Franklin, husband and wife, and the entire legal
description of all the Otter Tail County property owned by Ronald J. Franklin and Linda K.
Franklin, as of the date of this document, is as follows:
All that part of Government Lot 5, Section 22, Township 137, Range 40, Otter
Tail County, Minnesota, described as follows: Commencing at the southwest
comer of said Section 22; thence North 00 degrees 00 minutes 07 seconds East on
an assumed bearing along the west line of said Section 22, a distance of 1940.76
feet to the point of beginning of the land to be described; thence North 59 degrees
48 minutes 04 seconds East a distance of 443.61 feet; thence North 40 degrees 56
minutes 09 seconds West a distance of 402 feet more or less to the shoreline of
Rose Lake; thence southwesterly along said shoreline to said west line of Section
22; thence South 00 degrees 00 minutes 07 seconds West a distance of 430 feet
more or Jess to the point of beginning. Containing 2.61 acres more or less,
(hereinafter referred to as “2.61 acre tract”).
WHEREAS, Ronald J. Franklin and Linda K. Franklin are in the process of placing a
structure within the boundaries of the 2.61 acre tract referred to above, and the easement
described in said Document Number 612249 interferes with the desired location of said structure
due to applicable county ordinance set back requirements.
WHEREAS, the current beneficiaries of the easement referred to above, namely Thomas
Charles Franklin and Rhonda Franklin, husband and wife, hereby wish to make arrangements to
release a portion of the real estate described in said easement in order to allow Ronald J. Franklin
and Linda K, Franklin the opportunity to place a structure in their desired location, said location
being identified, as of the date of this agreement, as the boundaries of the concrete foundation
that is within said easement corridor on the date of this instrument.
NOW THEREFORE, the undersigned, by executing this document, hereby release the
following described real estate from the deed of appurtenant easement referred to above filed as
Document Number 612249:
All that part of the existing 33 foot wide easement which lies northwesterly of the
following described line;
Commencing at the southwest comer of Section 22, Township 137,
Range 40, Otter Tail County, Minnesota; thence North 00 degrees 00
minutes 07 seconds East on an assumed bearing along the west line of
said Section 22, a distance of 1940.76 feet; thence North 59 degrees 48
minutes 04 seconds East a distance of 443.61 feet; thence North 40
degrees 56 minutes 09 seconds West a distance of 231.44 feet to the
point of beginning of the line to be described; thence South 49 degrees
03 minutes 51 seconds West a distance of 33.00 feet and there
terminating.
The undersigned represent that the entire purpose of this instrument is to release that portion of
the easement identified in said Document Number 612249 in order to allow the structure referred
to above to be in compliance with any applicable set back requirements mandated by the County
of Otter Tail and State of Minnesota.
Except for the release of said property from said original easement, said original easement shall
remain in full force and effect.
Dated; ^ijt'tc.16 ,•2008
Thomas Charles Franklin
Dated:, 2008
Rhonda Franklin
STATE OF MINNESOTA )
)ss.
COUNTY OF OTTER TAIL )
•The foregoing instrument was acknowledged before me this
Thomas Charles Franklin, husband of Rhonda Franklin, Grantor.
day of June 2008, by
0833
ROBIN DOTSETH
notary PUBUC>HBMC8OTA fotary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF OTTER TAIL )
day of June 2008, by RhondaThe foregoing instrument was acknowledged before me this
Franklin, wife of Thomas Charles Franklin, Grantor.
Notary Public
DONNA COLOSKY
NOTARY PUBLIC-MINNESOTA
My Commission Expires JAN, 31,2010This instrument was drafted by:
SVINGEN, KARKELA, CLINE, HAUGRUD,
HUNT, LARSON & JENSEN, PLLP
P.O. Box 338
Pelican Rapids, MN 56572
GJL/bmh/85793
SCALE: I INO-I - 50 FEET
BEARINGS ARE BASED ON AN ASSU!
• DENOTES IRON MONUMENT FOUS
O DENOTES IRON MONUMENT SET
FRANKL.I!'^
SCALE IN FEE
\-y V
ANDERSON LANI. -
t*0 SOI 12^
FcwGuik f«u:^ MiNNC£
htx. THAT PART OF GOVERfJItNT LOT 5. SECTION 22, Ta'/llSHlP 137, RANGE 40, OTTER TaIL CajrJTY,
[■IlNNESOTA, DESCRIBED AS FOLCa-JS:
C0M€NCING AT TV1E SOUTHlCST CORNER OF SAID SECTiaj 22; TtHErJCE ['IGRTH 0 DEGREES 00 MINUTES
07 SEcaiDs Last on an assu-ed bearing alqig the west line of said Section 22, a distance
OF 19/40.70 FEET TO THE POINT OF BEGINNING OF THE LAND TO BE DESCRIBED,' THENCE NORTH 59
DEGf^EES 48 MINUTES 04 SECONDS EAST A DISTANCE OF 443.61 FEET-' THENCE NORTH 40 DEGREES
56 MINUTES 09 SECOt€S llEST A DISTANCE OF 402 FEET f-lORE OR LESS TO THE SHORELlfC OF
Rose Lake; thence sajTHvjESTERLY along said shoreline to said west line of Section 22;
THENCE South 0 degrees 00 minutes 07 seconds West a distance of 430 feet more or less
TO THE point OF BEGINNING.
CCK4TAINING 2,61 ACRES MO^E Ofi LESS. SUBJECT TO AN EASEMENT FOR ROADWAY PURPOSES OVER AND
ACROSS SAID toVERfflENT LOT 5, BEING 66 FEET TO THE LEFT lOF THE FQLL0141NG DESCRIBED LINE;
tO(1-lENClrl6 AT THE SOUTHVCST CORNER OF SAID SECTIOI'I 22; THENCE NORTH 0 DEGREES 00 MINUTES
07 SEcaiDS Last an assui€d bearing along the west line of said Sectiqi 22, a distaice
(T 1940.76 FEET to the POINT OF BEGINNING OF THE LINE TO BE-Dt'SCRTBED; THENCE "NORTH
.TERMINATING.
Also subject to an easement for roadway purposes over and across said Government lot 5,
ING 33 FEET TO THE LEFT OF THE FQLpUNG PESCRIBED LINE
Beginning at the point of termination of the above described line; thence North
40 DEGREES 56 MINUTES 09 SECONDS WEST A DISTANCE OF 402 FEET MORE OR LESS TO
Rose Lake and there terminating.
1 hereby certify that this survey, plan or report was prepared by I'IE or UNDER MY DIRECT
SLIPERVlSiai and that I A/-1 A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF
Minnesota. Dated this 31st day of August, 1982,
David A. Anderson
Land Surveyor
rllHU, KEG. No. 13620
lllillH — ------------ IIMIIIIII III^ .........................
^ added add/t/onal road easement October as /9ea^*^
-------------
SURVEY FOR: f^Q
APPROVED BYSCALE
DATE
/
iOO 0 100 200
iscalefeel
SCALE; I INCH = IOO F£ET
® Denotes iron honuMEriT foiiud.
o DEI-IOTES iron I'lONLII'lENT SET (•lARKED "IIS 13620''.
BEAI^INGS are based on an assumed DATU(-l.
^ .■¥9H.0.*6
i
\L ....
/'-■A __
S’
CORNER SEC:22, Tt37, RAO, SW;
iScii r.'
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v-... .. .. ..I-
%
UASBIIGTOII
1‘Plrr<»_
rt;.lCaiMtIy •/
» <Htt 11'O‘t aftnuu-lidgc<l bv/orc mr
«*!• tWIJ.-. Vja* .!,/$ U , by Soaald J. Franklin and Linda K.
Franklin, husband and wlfa.
,0ecfl«i)er !
I
*m-
- ’
(N4Ml V M.K^aWiIDCCP|
. 4.-‘
lUCNATUII OF
4*. • Hf.'1C \I1Notary public'!
UrTLk Ot lANK)THIS INSTRUMem WAS MAnCD ftY
DIRKS UW OFFICES. PsA,(i
(Hmm)P.Os BOX 338 iPELICAN RAPIDS. MS
'LEGAL DESCmpTIOli WP. 1; All that pare o£ Govarnaant Lot 5, Section 22, Township 137,; Esopa 40, Ottar Tall County, Minnesota, described as follows:
icorner of said Section 22; thence North 0 degrees 00 ainntes 07 seconds East on an assuaed
bearing along the wnst line of said Section 22, a distance of 19A0.76 feet to the point of beginning of tbc land to be described; tbenee North 39 degrees AS ainutes OA second East
a distance of AA3.61 feat; thence North AO degrees 36 ainutes 09 seconds West a distance
of A02 feet aore or less to the shoreline of Soae Lake; thence Southwesterly along said
;shoreline to said Nest line of Section 22; thence South 0 degrees 00 ainutes 07 seconds
j Vest.a distanea of A30 feet aore or lass to the point of beginning. Containing 2.61 acres
iaora or less.
ocing at the Southwest
I
Goeernaent Lot 3, Section 22, Township 137, Range AO, OtterLE^ DESCRIPTION WO. 2:Tail County, Minnesota, eacept the following described part of said Covernaent Lot 3:
Caaaencing at tbe Southwest corner of said Section 22; chance North 0 degrees 00 ainutes
d bearing along the west line of said Section 22, a distance
I
j 07 seconds East;of 19A0.76 feet to tbe point of beginning of the land to be described; Cheoee North 39
J degrees 40.wiguta.s OA seconds East a distance of 4A3.61 feet; thence North 40 degrees 36
ainutes 09 seconds West a distance of 402 feet aore or less to the shoreline of Rose Lake;
I thence Southwesterly along said shoreline Co said West line of Section 22; thence South 0
idegrees 00 ainutes 07 seconds West a distance of 430 feet aore or less to the point of
I beginning.
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FSAKKiLXKi vifc......pronto'.!., a»d
........................-...............................................................—...............................................
IJboi uiiurtat laid gru»tar U Hu aumr of tk At...traM.....of laud im Uo County of
...._......................., SiatU of MinmioUt, vU,; ..................................................................-
Vittimctti,
I .. Otter.Tall.....I!S«tt Le^l DtscrlpClon No. I on the rtvero* side of chlo dood.
I
and laid grajUm u tha ourtur of ik .•?.. trace.. of land ia tka ColuUy of...Pl.t,*?. .Tall...
Stall of Mianiiota, vi*.! ..............................—.........—............-.........
Sm legal Description No. 2 on the reverse side of this deed.
and laid graaU/r... and grantoilohiek adjoint said load of laid grantor s tm tko....
kaw agmd ufian tki laitmenl honinafUr dsoertboi;
fisiag, ICtltrebnt, rk« «dd ^raiOors , U eomidiradon of...QKE..lX)LLAL.klin..aZH£l
VAUJABLE CONSlDEgATIOK------- — --------------------------------------------------------- —awHX..
receipt of tohiok ii hcreiy aaknauUdgod, and
Jill.........................Actre and
lng.r«»» «i»d,..eg.i:sii»....fo.r .tpsdwsj p.vrp.<?Afi»....l.«i....'>.ysx...a“d..."£<?9.i_...
In hand pedd bp laid granloe
otkor good and valuabU oowidiration, htrebp grant... to laid grantei,
auigni, Uu tamnint of
Chat part of said land of grantors described as*^flows:
to
at U>C S, being 66 feet to
ncing at the Southwest corner of said
I As easeaent for roadway purposes over and across said Cover
I ths left of the following described line: C I Section 22; thence North 0 degrees 00 ainucet 07 secoods East on an assuaed bearing along { the West line of said Section 22, a distance of I960.76 feet Co the point of beginning of
the line to be described; thence North S9 degrees AS ainutes 04 seconds East s distance of
I AA3.61 feet sad there tarainating. -bXD- An easeaeat for roadway purposes over and across ' said Corernasat Lot 5 being 33 feet to the left of tbs following described line;1 Beginning at the point of terainacion of Che above described line; chance North 40° 56'
, 09" West s distance of 402 feet aore or less to Rose Lake and there terainacing.
•:V
1 J STATE OFg : Minnesota« - DEED----------
cv 5TAMP
O TAX ----------
IIDEPT. Of = ij
: TAXATION =
= 02.201 J
.= ;«
W-e-s
SAIIOI
<
TO H.H‘E 4.YD TO HOLD SdID EdSEMEXT unto laid grantee , .......his
......said land.
3n fRitntM SQlCtnC, grantor S. Aa ya AowunSo set
lU uppKrten.int to............
t.hh.l.r .handt....
ihe dai* aftd year firsi abooe wriiteni
RONALD J. FRANIXINs..
LINDA K. FRANKLIN.;
*1^
^ OTC Board of Commissioners’ Minutes
October 27, 2009
Page 8
Citizen Concern:
Mr. Kalar discussed a letter dated September 21, 2009 from Thomas C. Franklin in regards to a road
access issue. After a briefing on the situation, it was determined that the County does not have
authority regarding the road access. Mr. Kalar will respond by letter to Mr. Franklin explaining the
County’s position.
Insurance Renewal
Motion by Erickson, second by Rogness, and carried with Froemming opposed, to approve the 2010
Otter Tail County Benefit Plans as submitted with the same insurance carriers as in 2009. The Pre
tax Premium Reimbursement Flexible Spending Account will not be added to the benefit package at
this time, as recommended by the majority of the Insurance Committee.
Adjournment
At 3:46 p.m.. Chairman Erickson declared the meeting of the Otter Tail County Board of
Commissioners adjourned until Tuesday, November 3, 2009.
OTTER TAIL COUNTY BOARD OF COMMISSIONERSDated:
By:
Everett P. Erickson, Board of Commissioners Chair
Attest:
Larry Krohn, Clerk
CB/kd
4
Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
Government Services Center - 540 West Fir
Fergus Falls, MN 56537
PH: 218-99S-8095
OTTER Tail County’s Website: www.co.otter-tail.mn.us
October 30, 2009
Thomas Franklin
3669 State Hwy 228
Frazee, MN 56544
RE; September 21, 2009 Letter to County Commissioners, Rose Lake (56-360)
Dear Mr. Franklin:
On October 20, 2009, your letter to our County Board of Commissioners (CB) was referred to me by
our County Coordinator’s Office.
In your letter, you raise two concerns which are road access to Ronald Franklin’s property and area
drainage.
Please be advised that on October 27, 2009, I discussed these concerns as well as an unresolved
holding tank violation (substandard lot line setback) on James Cross’s property with our CB.
Upon reviewing the County’s land records, it was learned that Petal Drive is a private easement road,
not a public road. In other words, only property owners with a deeded easement are entitled to use this
road. In addition, it does not appear that Ronald Franklin has an easement to use this road. This
means James Cross (easement owner) can legally place a fence along his easterly boundary provided
it is does not interfere with the right of access for those property owners with deeded easements.
As to your drainage concern, we are now aware (photographs received after the fact) that overland
flooding occurred in this area earlier this year. Primarily due to the timing of notification and the onsite
cleanup (restoration) which had already occurred, onsite inspections by Cffice Staff were unsuccessful
in determining the cause(s).
As to James Cross’s holding tank violation (substandard lot line setback), it is my understanding that
this holding tank, while located on James Cross’s property, actually serves the property owned by
David Svobdony. Since this is the case, James Cross is currently looking into options to resolve this
issue.
If you have any further questions or comments regarding this matter, please contact me at 218-998-
8095.
Sincerely,
Bill Kalar
Administrator
CC: County Commissioner Everett Erickson, Chair
County Commissioner Lee Rogness
County Commissioner Doug Huebsch
County Commissioner John Lindquist
County Commissioner Roger Froemming
County Attorney David Hauser
Donald Matson
32000210155016
David Svobdony
32000210155015
Countrywide Home Loans
3200021015501
Ronald Franklin
32000220158002David Rydell
3200021015501
GOVT LOT 5ii'
^James Cross
32000210155000
32000220158003
186 Feet0 0 57 MetersFOR REFERENCE USE ONLY-Cop^ight (C) 2009 Otter Tail County, MN
UX^VdJi tOrSUcfc .A£6>-'-
t ■V'
September 21,2009
My name is Tom Franklin and I am a property owner in northern Ottertail County^ This
letter is regarding a concern that I think you should be aware of.
UDear County Commissioners,
y• %•/
This past summer two land owners to the north of my property have had a property line
dispute. The parties involved are Mr. Cross and Mr. Ronald Franklin, who is also my
uncle. Last summer (2008), Mr. Franklin built a summer cottage on Petal Drive, south
shore of Rose lake. During this time he also had new gravel put on Petal Drive. Last
Spring there was some erosion and again Mr. Franklin paid for road maintenance on all
of Petal Drive. Mr. Franklin and his wife, Linda, returned this summer to become
seasonal residents of Ottertail County. In July, shortly after the Franklins arrived, Mr.
Cross and Mr. Franklin had a dispute as to where the boundary lies between these two
land owners. Anderson Land Surveying Company did come out and survey the property
line between these two land owners. After doing so, Mr. Cross erected a fence dovm the
middle of Petal Drive, which is currently still there. About two thirds of this road
surface lies on Mr. Cross’s property, the remaining one third lies on Mr. Franklin’s
prop)erty. Because of this fence Mr. Franklin could no longer access his property off of
Petal Drive so he is currently using our farm field access to get to his property. Mr.
Franklin also owns the shoulder and the ditch bottom of this ftmctioning road. This is a
private road that services about four lake cottages on Rose Lake. Also, upon surveying
the property, it was determined that Mr. Cross has a septic holding tank on Mr. Franklin’s
property. To my understanding there are regulations that state buildings or septics can’t
come within so many feet of a property line. The Ottertail County sheriff was called out
to look at this situation and nothing was done about it. I contacted the Vergas search and
rescue department to see if Mr. Cross legally could block access to an established fire
number property and they said they didn’t have any jurisdiction over this. The Hobart
township was also contacted and they also said they don’t have jurisdiction in a private
matter like this. Land and Resources was also notified and apparently someone came out
to look at it, but nothing has been done about this. It surprises me that the county would
allow the blockading of a resident to continue while this matter is being resolved. It
would seem to me that the matter should be resolved first before either party would have
the right to blockade this road which has been established for about 50 years and which
gives access to several residents.
The reason I’m writing this letter is because I am ashamed that our coimty would allow
this to continue. In the past when there has been work within so many feet of lakeshore,
the residents have had to jump through so many hoops to put septics in, build additions or
garages, etc. It seems like Mr. Cross is getting away with not abiding by the same
regulations that other people have to abide by and I feel he’s holding them ransom by
wanting them to buy the right to drive across his two thirds of the road surface. There’s
more to a road than just the surface, you also have the drainage aspect If this is how the
county deals with an established road then Mr. Franklin should have the right to fill in
received
OCT 202009
X.AND & RESOURCE
this entire road ditch and use it as a driving surface. The problem there is now the water
will flood several of the residents on Petal Drive. I feel that Land and Resources has
really dropped the ball in tiiis matter, therefore I wanted to make you aware of this
situation and I would like you to look into this matter to see if there is a way to resolve
this issue. If nothing else you will be aware of how Land and Resources has handled this.
Thank you for your consideration in this matter.
Sincerely,
TTiomas C. Franklin
♦
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'.OSE LAKE ROAD SOUTH AREA23,160 X 25% = 5,7<^0 S.F.
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SEC. 22-137-40/
vIDERSON LAND SURVEYING, INC./ here!
meets
treatmPROFESSIONAL LAND SURVEYORS. CIVIL ENGINEERS & LAND DEVELOPMENT CONSULTANTS
313 SOUTH MILL STREET. FERGUS FALLS. MN 56538-0125 (218) 739-5268
324 BROADWAY. SUITE 208. ALEXANDRIA. MN 56308 (320) 762-5263
(800) 300-9276
i
I CERTIFICATE OF SURVEY
IN GOVERNMENT LOT 6
SECTION 21-137-40
OTTER TAIL COUNTY, MINNESO
ji/
LAND&
Meander corner
No. 57
as per TA(1
" Gov’/
§i1VICINITY MAP
Section 21-137-401
3a
u East line of
Section 21-137-40
as per TA
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SURVEYOR:
Roy A. Smith and Associates
Lincoln Professional Center
Detroit Lakes, Minnesota loj A3/«5f
NOTE
This survey is based on reconslruclion of
found monumenfafion with a Certificate
of Survey on Aug. 5, 1994 by
Surveyor Terry Anderson.1 LEGEND
fiDenotes iron monur
o = Denotes iron monur
with Minnesota Registn
Orientation of this bee
Scale : I inch = 50 fei
m =
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TA = Surveyor Terry
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15 PORTION OF THE PREVlOU
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EXISTING FRANKLIi
MEANDER CORNER NO. 57
SEC. 22-137-40
/~V wSEC. 22-137-40
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PROPOSED FRANKLINSii.
PAROEL A‘^1 2.^1 ± ACRES
\72,366± S.F. BETNEEN NN'LY
LINE OF EASEMENT TO BE RETAINEDSand shoreline of rose LAKE.
172/386 X 25% = I8,0H6 S.F.
AVAILABLE FOR PERVIOUS SURFACES.
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CENTERLINE OF
365TH AVENUE
3102
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SEC. 22-137-40
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AUGUST 7, 2003 HEARING BEFORE THE
I ni'~y V L I /C7I
I
I /
. SN COR. bF
SEC. 22-137-40/
vlDERSON LAND SURVEYING, INC./ here
meets
treatnPROFESSIONAL LAND SURVEYORS. CIVIL ENGINEERS & LAND DEVELOPMENT CONSULTANTS
313 SOUTH MILL STREET. FERGUS FALLS. MN 5653833125 (218) 739-5268
324 BROADWAY. SUITE 208. ALEXANDRIA. MN 56308 (320) 762-5263
(800) 300-9276