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Home My WebLink About17000280357018_Variances_10-01-1998•t -1^96 8321)11 dhq • -Ofll-e of Co'.mty Recorder I tierpby ct''ify that Ilia wi!'':!; * lor [eaiilJi!. this oihts on ll»Dn AI) ini-ESfe311and THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 •"COMPLETE THIS APPLICATION IN BLACK INK"* '^u.uee.6'. e.p/<i 'S/c/cl , e Aj^d-, '^RJY OWNER D^IME PHONE (eO-oOApplication Fee Receipt Number a 13.6-^ ADDR LAKE NUMBER.^^ ' 7/jff Aa./<e- A/'^X/'<7 _____LAKE CLASS /f€>LAKE NAME SECTION o:?/^g3 township /3 7 RANGE PARCEL NUMBER H 0C>OiZ03^AOO0 t> H WOtJiO^ldOC) FIRE / LAKE I.D. NUMBER TOWNSHIP NAME LEGAL DESCRIPTION //' ^^7)-33 a sgp. a7)6) TYPE OF VARIANCE REQUESTED (Please Check) structure Size___Sewage System____Subdivision )7 Cluster____ MIsc.Structure Setback SPECIFY VARIANCE REQUESTED Ac-^(S-£XyS |/ Ct^Rl fi/Ao& S c~cAes //ts.,33 CL,C.Ae.£, TOPi )^3.7LZ3t‘ 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 UNO THIS MATTER.CONTACT DATESIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) October 1,1998 Page 5 4]ikAccepted By Land & Resource L & R Oflicial/Date Date Of Hearing Time/o - /- 9? Motion John Gulstad Estate - Approved Motion was made by John Everts, seconded by George Walter and unanimously carried, to approve a variance of .33 of an acre from the required 5-acre minimum for the development of a buidlable parcel containing 4.67-acres with the conditions that no further variances will be granted for this parcel and a registered surveyor’s drawing must be provided at the time of conveyance. • g. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant And the MN DNR LR Official/Date bk 0198-001 *291,300 • Victor tund««n Co , Pfinier* • Fotgoi Poll*. Mir\n«»oii WHITE—Office Copy ' YELLOW—Buyer’9 Copy PINK-Seller'» Copy GOLOENROO—Buyer's Receipt 5 PURCHASE AGREEMENT , CUi4 /? ^^fJL - S'Si A - ^/i>y /^//.a. =:^(S /goo ,’ECEIVHiOF 7 yth-JjA A^l ; (Check. Cash, to be depMited upon acceptance, odh '^-audO S tL9_, Cj(U<n\(-A-t-Z< /V" .) DOLLARS as earneaOnoney and in part payment tor the purchase of property at the sum of ^ ifAr*rk^ Note—State Which) eituat^ In ther „ State of Minnesota, and legally described as follows, towit.’County of ■ h- . including all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, saeens, awnings, window shades, blinds (including Venetian blinds) curtain rods, traverse rods, drapery rods. lighting fixtures and bulbs, plumbing fixtures, hoi water tanks end heating plant (with any burners, tanks, stokers and other equipment used in' connection therewith), water softener artd liquid gas tank and controls (if the property of seller), sump pump, television antenna. Incinerator, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any. used and located on said premises and Including also the following personal property: ! all of which property the undersigned has this day sold to the buyer for the sum of:rjk^u^tu rjL. which the buyer agrees to pay in Ih^ following manner: •Earnest money herein paid $ ^^^0 /f OOd-*^ .) DOLLARSI-n PA^3-^.^J^ofcJl 'h 2___ the d^ of closing.and $.cash onf AyS- d/AAAjjuS ernj .J<r^ j 'tJ'iA S jdUU'^j / pAjAitf 4^ IS~Jt6 Ma !y I ? 9 3, j C‘t' <^4A.AJC ^ ^ /y] Q If 1 ^ ^ ^ • 5 w.'CL.'tA aa-l^v\^u y.t-0 .JtJxfj ^ ^ i 'SjJlih, ~T/deu^ y es-^e^ayy-t-ji, , 5JLA> <i^*v V AcT, i Subject to performance by the buyer the seller agrees to execute and deliver a (to be joined in by soouse. if any) conveying marketable title to said premises subject only to the following exceptions; (a) Building and zoning laws, ordinances. State and Federal regulations. (b) Restrictions relating to use or improvement of premises without effective forfeiture provision. (c) Reservation of any minerals or mineral rights to the State of Mirtnesota. (d) Utility and drainage easements which do not interfere With present improvements. (e) Rights of tenants as follows: (unless nedfied, not subject to tenancies) Seller agrees to pay -_of the real estate taxes due and payable in the year Buyer agrees to pay /' ^ ^ /o taxes due and payable in the year ig;.. Seiler warrants that real estaie taxes dbe and payable in the year(s) i9 will be V' non-homestead classification (check one). Neither the seller nor seller's ageql make any representation of warranty whatsoever wncerning the amount of real estate taxes which shall be assessed against the property subsequent to the date of purchase----------^agrew^^ay _/of all levied special assessments and Warranty Deed I of the real estate i -partial. special assessments certified to the taxes due and payable in the year df closing and to place In escrow $ assessments approved by the governing body as ol the date of closing. Seller covenants that buildings, if any, are entirely within the boundary llnea of the property and agrees to remove all personal property not Included herein and all debris from the premises prior to posession date. SELLER WARRANTS ALL APPLIANCES. HEATING. AIR CONDITIONING. WIRING AND PLUMBING USED AND LOCATED ON SAID PREMISES ARE IN PROPER WORKING ORDER AT DATE OF CLOSING, , the approximate amount of all pending special The seller further agrees to deliver possession not later than agreement have been complied with. Unless otherwise specified Ihis sale shall be closed on or before 6CwaK from the date hereof. In the event this property is destroyed or substantially damaged by fire or any other cause before the closing dale, this agreement shall become null and void, at the purchaser s option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rata adjustn^ts of rents-InteresL Insurance an^ city water, and. in ’the case of Income property, current operating expe-ses. shall be made as ol_______^ The seller shall, within a reasonable lime after approval of Ihis agreeitje^furnish an abstract of title, or a Registered Abstract certified to date to include proper searches covering bankruptcies, and Slate and Federal judgments and liens. The buyer shfl^rbe allowed 10 days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. It any objections are so made the seller shall be allowed 120 days to make such title marketable. Pending correction ol title the payments hereunder required shall be postponed, but upon correction of title and within 10 days after written notice to the buyer, the parties shall perform this agreement according to its terms. It said title is not marketable and is not made so within 120 days from the date of written objections thereto as above provided, this agreement shall be null and void, at option of ,i le buyer, and neither principal shall be liable tor damages hereunder to the other principal. All money theretofore paid by the buyer.shali be refunded, if the title to said property be marketable or be so made within said time, and said buyer shall default in any of the agreements, then, and in that case the seller may terminate this contract and on such termination all the payments made upon this contract shall be retained by said seller and said agent, as their respective interests may appear, as liquidated damages, lime being of the essence hereof. This provision shall not deprive either party of the right of enforcing the specific performance of Ihis contract provided such contract shall not be terminated as aforesaid, ar%d provided action to enforce such specific performance shall be commerrced with'in six months after such right of action shall arise. provided that all conditions ol this It is understood and agreed that this sale Is made subject to the approval by the owner of said premises in writing and that the undersigned agent is in no manner liab'e or responsible on account of Ihis agreement, except lo return or account for the earnest money paid under this contract. This contract contains the entire agreement between l^e parties, and neither party has relied upon any verbal or wriilen representations agreement or understandings not set forth herein, whether made by any agent or party hereto. Buyer acknowledges no stalerpents have been made by seller or real estate salespersons regarding seepage df.yrater .through the loundation. basement or roof of the above described premises except as It otherwise provided in an adde/^um attached hereto. Buyer further acknowledges that. In signing this purchase agreement, buyer relies solely upon person^ inspecVion of the premises and upon the statements contained in the attached addendum, if any.-j. .■ /9 S SI\ \ ttlpuifttes that he/she la representing the \n thts transaction. y (agentlirokar) LIffmg agent or broker atipulatea that he'('f;9!»r‘3!C^?‘>..:ii-!o the seller In this transaction. ., , ,r yw The d^Tlvery ol ell papers and monies shall be rr-ad? "i ih-- c-'f-re oi; ^"2., / (buyer or seller) rr-- By Ager* ..-v3ve agree- I her^l y agree ^ purchase the said property tor the price and upon the terms above loned^e>% subject to all condltions^reln expressed. j . ' I. the urKfersIgned, owner of the above land, dc ' ment and the sale thereby made. T r,«l1ar (SEAL; Buyer ifvJ'aJ ft yg A^/ .* Buyer fSeller S ; !OT UNDERSTOOD, SEEK COMPETENT ADVICE.ITHIS IS A LEGAL'■i r^av ■' ?5 itw UtM. sii>* (v*iT9^-K'5347 0»WA«-B'V«'-'.9HIMQ CJ»- Charles A. Krekelberg KREKELBERG LAW FIRMAttorneys at Law 10 North Broadvay P.0, Box 353 Pelican Bapids, HN 56572 Tele: 218-863-6651 FAX: 218-863-6656 Ass('ciates Jeffrey D. Skonsenq* Douglas B. Chapuan* Richard F. Ilitz 213 South Hill Fergus Palls, HN 56537 Tele: 218-739-4623 FAX: 218-739-0422 July 3, 1997* Also licensed in North Dakota REPLY TO: Pelican Rapids CERTIFIED MAIL/RETURN RECEIPT REQUESTED Richard and Donna Campbell 822 Rensvold Blvd. Moorhead, MN 56560 Re: John Gulstad Estate Dear Mr. & Mrs. Campbell; I am the attorney for Chester Gulstad, the Personal Representative of the John Gulstad Estate. Pursuant to Paragraph 20 of the contract for deed between yourselves and John Gulstad, you were granted a first option to buy property described on Exhibit A. Enclosed, for your information, please find copy of Paragraph 20 regarding the option and copy of Exhibit A. Please be advised and take notic/e that Chester Gulstad, Personal Representative of the John Gulstad Estate, has elected to sell the property. property. the option. This letter is your notice of intention to sell the You have 30 days after receiving this notice to exercise If you wish to exercise the option, please send your notice of exercise the option to my attention at the above address. If you elect to exercise the option, closing will take place within 15 days after exercise of option. If you do not elect to exercise the option then 30 days after receiving this notice, your first option to purchase shall lapse and be terminated and the property shall be sold to someone other than you. Sincerely, KREKELBERG^ LAW.:- FIRM es A. Krekelberg . CAK/rt Enclosures: EXHIBIT "A" C-^ 31'33' E.UNE Igov't, lot e -... r... o 11 < IoQI N.fl9°2/4V'w. 5.01 ■-iTr>.I-':-I i ;. J"'N.GrOO'‘M"w, 37l,80'(WS) hr--l N.7o"30'54"w. \i 371,25' fRoco'd) V'l ^ Pi 'iH I ■ I:?I I ;1■I •o ■i.i;II c I f !9= 1I '2I Xil i?i i 1-^ (/)2 5 oHI33' : ffiS£C0R,,C,L,8, ii Soc.23-137-I , , p I I,1137N„ R<). R2T, i.l37N.,R<).R2V r G 33' V/lOE INGRESS a EGRESS easement® 'n //C ^C:<^fj 8" ^ SS. S' / / 3 "7 ^ 'S. .f2^. /Co T-O"^ J i Ta^-<sCi , c'-^\ ■! : lsl9.///<<■ / m' » "'J r ni'. iiSi H?'?. iSliS#-/?'■V \■A nf4S’Vr\'‘ "«/'»■•;ri.'I,A,. //f i \tjyjj'\ \ 1'iU'S- <o< y.‘M ,li 0Ad _. ., •' ■ EASEMENT N 89'27’49” w'^ 169.921 136.92 33.00 50 25 50 1 OO ) 50O -'Ji- 'i'i ig|B IBB'" '.■v ;K. ?lf- SCALE IN FEETj-^ •■ < i<-CJ■k^'h;'i \oOe’i' SCALE: BEARINGS ARE BASED ON AN ASSUMED DATUM.• DENOTES IRON MONUMENT FOUND. O DENOTES IRON MONUMENT SET MARKED ” RLS 13620”. 1 INCH = 50 FEET WSj.K¥i Ipil >‘r y r ■ '* T'•-iA M.> m:i.... l?S»s. IS.:; • V(■i; mM PROPOSED LEGAL DESCRIPTION■f; ?'S'i/;All that part of Government Lot 8, Section 28 and Government Lot 1, Section 33, all in Township 137, Range 42, Otter Tail County, Minnesota, described as follows;Mi Mf; ii-fci:.'.;,"'-.;;•I"X »I -f mK^^". < :v%;a f Commencing at the southeast corner of said Government Lot 8; thence on an assumed bearing of North 0 degrees 04 minutes 02 seconds West along the east line of said Government Lot 8, a distance of 3V6.30 feet; thence North 81 degrees 00 minutes 44 seconds West a distance of 371.80 feet to an iron monument, the point of beginning of the land to be described; thence South 32 degrees 25 minutes 35 seconds West a distance of 132.70 feet to an iron monument; thence South 44 degrees 29 minutes 10 seconds West a distance of 50.00 feet to an iron monument; thence South 2 degrees 56 minutes 35 seconds West a distance of 282.01 feet to an iron monument; thence South 17 degrees 18 minutes 20 seconds West a distance of 267.38 feet to an iron monument; thence North 29 degrees 42 minutes 15 seconds East a distance of 262.18 feet; thence North 87 degrees 03 minutes 41 seconds East a distance of 438.55 feet to said southeast corner of Government Lot 6; thence North 0 degrees 04 minutes 02 seconds West along the east line of said Government Lot 8, a distance of 400.90 feet; thence North 89 degrees 27 minutes 49 seconds West a distance of 169.92 feet; thence North 80 degrees 49 minutes 02 seconds West a distance of 199.86 feet to the point of beginning. Containing 4.67 acres more or less. Sub ect to easements and reservations of public record. Together with a 33 foot ingress and egress easement over and across Government Lot 8, Section 28, Township 137, Range 42, Otter Tail County, Minnesota, being a strip of land 33 feet in width and lying adjacent to and northerly of the following described line: Commencing at the southeast corner of said Government Lot 8; thence on an assumed bearing of North 0 degrees 04 minutes 02 seconds West along the east line of said Government Lot 8, a distance of 400.90 feet to the point of beginning of the line to be described; thence North 89 degrees 27 minutes 49 seconds West a distance of 169.92 feet; thence North 80 degrees 49 minutes 02 seconds West a distance of 199.86 feet and there terminating. r ;[■ ‘ SW KtftiSSW H. •^1 i- ;iv/1 ■iiziAC I V lii -I %'1% I #■, y 'I '■ mms V !'SITE MAP NOT TO SCALE SURVEYOR’S CERTIFICATE I hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land, and that this survey was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Dated this 25th day of September, 1997. ■t..■f Mi|> : L' i % iIs X IB".. !'X-i David A. Anderson Land Surveyor Minn. Reg. No. 13620li kM Revised this 22nd day of December, 1997. PROPERTY OWNER CERTIFICATE I hereby certify that the subdivided property described in the survey meets the County requirements for public road access and sewage treatment systems. to’'""" \5. ?■ f ■■Property Owner V' 'Mi'll' ~' fc'-T-K \ lii f I til Sr''. • li CERTIFICATE OF SURVEY FOR: mmm RICHARD CAMPBELLI I y FIELD BOOKCONTRACT NUMBER ALS-87/54179-97NDERSON LAND SURVEYING, INC. DRAWING NUMBER:31 3 SOUTH MILL STREET COMPUTER FILE 1 , FEROUS FALL.S,MINNESOTA 5:3-7 179-97.ft- r 3812?i.<21 S) T39 —S268 DISK NUMBERI‘■'t .\A 68 iSliiiit i \ V T - .1 i' i' ~ ^ IW1