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Home My WebLink About17000990556000_Variances_09-08-2022Date Received RECEIVED AU6 1 8 2022 LANDS RESOURCE 1232313 LYNN R LARSON OTTER TAIL COUNTY RECORDER/RE6ISTRAR OF TITLES FERGUS FALLS, P1H RECORDED ONL&R Initial : THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER FEE: 46.00 PAGES 19 YELL CERTIFICATE REC'D: NAPPLICATION 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.ottertailcountvmn.us Application Fee - Receipt Number ~ Reviewed/Accepted By / Date DAYTIME PHONERyan & Michelle Tonsfeldt PO Box 562 Barnesville, MN 56514 701 1 -0424PROPERTY OWNER MAILING ADDRESS rvan(a)dbsoil.comE-MAIL ADDRESS 56078600 Pelican Lake .lake class GD Dunn LAKE NUMBER LAKE NAME 07 TOWNSHIP 137 042SECTION .TOWNSHIP NAME E-911 __ADDRESS RANGE PARCEL NUMBER 17000990556000 21655 BROADWATER DR LEGAL DESCRIPTION LOT 9 TO BE PERM ATT TO #2006 & #2005 _______f^-DuJicjikc h _________ IF THE VARIANCE REQUEST IS REGARDING AN EXISTING STRUCTURE ON THE PROPERTY, WHAT YEAR WAS THAT STRUCTURE BUILT: 1975 INDICATE THE RELEVANT OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FROM AND CITE THE SECTION(S) OF THE ORDINANCE(S). OTTER TAIL COUNTY ORDINANCE (Please Check) 0Shoreland Management Ordinance CH Sanitation Code LH Subdivision Controls Ordinance SECTION(S) OF ORDINANCE(S):________ LH Renewable Energy Ordinance D Other_____________ . SECTION 6 SUBP.8 AND SECTION 8 SUBP. 4 0Attached Subsurface Sewage Treatment System Compliance Inspection 0No septic system on property 8.16.22Inspection Date: Page 2 Property Owner Ryan & Michelle Tonsfeldt 17-000-99-0556-000Parcel Number SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. VARIANCE REQUEST: See attached documents. *TofA.\ \lAr&^vioiA,S» IS*- Afo.’Lcf'lc* Vz» *2.-1. I I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE, SUBDIVISION CONTROLS ORDINANCE, SANITATION AND/OR THE RENEWABLE ENERGY 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. 3, n.DATEURE OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) OFFICE USE ONLY StiiWU '^1 'k'lt-Date Of Board of Adjustment Hearing Motion Time Ryan & Michelle Tonsfeldt -Variance Application Approved as Requested (7:01 p.m.) After consideration and discussion, Rick West made a motion, seconded by Darren Newville, and carried to approve the variance request to replace the existing dwelling with the impervious surface coverage not to exceed 29.9% coverage and the building impervious surface coverage will remain at 21.8%. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is September 8,2027. hairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No L R Official/Date Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR CL 01122019-001 082021 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTER TflII GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Board of Adjustment Findings of Fact and Decision Applicant: Ryan & Michelle Tonsfeldt Address/Parcel No. 21655 Broadwater Dr. / 17000990556000,17000992005000 & 17000992006000 Requested Variance: Replacing dwelling, building impervious surface to remain at 21.8%. Existing total impervious surface is at 40.20% propose to reduce to 29.9%. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: Section 6. Subp 8 and Sec. 8. Subp. 4 A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the following criteria: The applicant identified the following practical difficulty: Need for variance is that the existing structure takes up a lot of the lot and we want to use the space better. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... □ No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: The land use ordinance allows property owners to develop and improve their property. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasonable use of the property Is lost (practical difficulties) by the strict enforcement of the official control). X Yes, the property owner is proposing to use the property in a reasonable manner... □ No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: 2. They are reducing the impervious surface coverage from 40.2% to 29.9% and there are no other variances being requested on the property. All other setback requirements are being met. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... 11 No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: The proposed is an improvement to the property and the proposed is bringing the property closer to compliance with impervious surface requirements. 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential'Character of the locality.... □ No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: There are similar land use patterns and use of property in the vicinity of the request and the reduction of the impervious surface. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). ’ X Yes, the need for the variance involves more than just economic considerations.... □ No, the issuance of the variance is only for economic considerations... ...because: The improvements with the reduction in the impervious surface on the property. The Otter Tail County Board of Adjustment: APPROVES X the requested variance.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: September 8, 2022 ‘THce^ctel^Dotto^ Board of Adjustment Chair The Board of Adjustment rriay impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) ■. It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. STAFF REPORT APPLICANT: Ryan & Michelle Tonsfeldt 21655 Broadwater Dr, Pelican Rapids MN 56572LOCATION: LAKE NAME/NUMBER/CLASS: Pelican Lake/56078600 APPLICATION: Replacing dwelling, building impervious surface to remain at 21.8%. Existing total impervious surface is at 40.20% propose to reduce to 29.9%. STAFF WHO COMPLETED REPORT: Michelle Jevne X Q,17000990556000 Show search results for 17000... PEUCAN LAKE 5€07ie00 Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: Applicable Ordinances/Statutes Shoreland Management Ordinance Section 8, Subp. 4 (B) 1) Impervious surfaces of lots must not exceed 25 percent of the lot area, of which buildings must not exceed 20% of the lot area. Impervious surface coverage within the SIZ, that is not part of a planned unit development, must not exceed 15% of the area of the SIZ. Staff Comments: Based on a review of the application and a site review. Staff offers the following comments: 1. If approved, include a sunset date 5 years from date of public hearing, as required in Section 3, Subp. 11 (C) of the Shoreland Management Ordinance. LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Ryan & Michelle Tonsfeldt PO Box 562 Barnesville MN 56514 Has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, September 8, 2022, at 6:00 p.m. The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the application. Public comments regarding this application can be expressed by mail or emailed to land(5)co.ottertail.mn.us must be received by 12:00PM the day before the public hearing date. Members of the public wishing to observe and/or make comments at the public hearing may be present at the public hearing or participate virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095, prior to the hearing. ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Legal Description:Parcel No. - 17000990556000,17000992005000 & 17000992006000 Lot 9 To Be Perm. Attached to #2006 & #2005 Section 07, Township 137, Range 42 Township Name - Dunn Pelican Lake (56-786), General Development (GD) 21655 Broadwater Dr., Pelican Rapids MN 56572 Lake Name/Number/Class: Property Address: The variance requested is the following; Replacing dwelling, building impervious surface to remain at 21.8%. Existing total impervious surface is at 40.20% propose to reduce to 29.9%. Ainy liiisko Board of Adjustment Secretary August 25, 2022 ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 VARIANCE DESCRIPTION: We are requesting a variance for a new 3 bedroom cabin with an attached single stall garage project located on the south end of Pelican Lake. The variance is two-part, as it relates to the Ottertail County Shoreland Ordinance Subp. 4 Stormwater Management, B. 1): which requires that no more than 25% of a lot's area may be covered by irripervious surface, and also requires that no more than 15% of the Shore Impact Zone may be covered by impervious surface. The existing impervious surface percentage for the entire lot is currently at 40.2% and the coverage in the Shore Impact Zone is 32.62%. There is currently a boathouse with a deck near the water that the homeowners would like to keep as part of their project. The new cabin project without the boathouse meets the 25% impervious coverage, however with the boathouse included, the project would be at (29.9 %). This would result in an overall reduction of impervious coverage on the lot by (10.3 %). Per the ordinance, the allowable coverage in the Shore Impact Zone for this property is 280.5 square feet. With the boathouse and deck included as part of the new project, it would cover 427 square feet or 22.83% (a reduction from 32.62%) as the homeowners intend to remove all impervious surfaces outside of the boathouse and deck in the Shore Impact Zone. The existing cabin in non-compliant as it encroaches into the required sideyard setbacks on either side, and almost touches the property line to the east. It also does not comply with the required 75' setback from the Ordinary High Water Line by approximately 5'. The septic system for the new structure is located on the rear lot, which is owned by the same property owner and was installed in 2020 in anticipation of a new cabin on the lakeside.property. The new structure will meet all setback and height requirements of the Ordinance and is planned to be in harmony with the general purposes and intent of the official control. The homeowners intend to use the property in a reasonable manner and we believe an issuance of the variances will maintain the essential character of the locality, particularly in consideration of the significant reduction in impervious coverage. Special considerations to water mitigation and runoff would be welcomed if necessary, in order to approve the variances as proposed. otter Tail County Land & Resource Management Impervious Surface Worksheet Existing Page 1 17-000-99-0556-00021655 BROADWATER DR PELICAN RAPIDS, MN 56572 PIN Property Address J Square Foolage of Lot Acres X 43,560 Property Area (from GiS or Survey):ft'A1.2 8680Acres Total Area Atloiwed for Impervious Surface A11.25 Total Area Allowed for Buildings A1 X .20 ft'A3 1736 ft*A2 2170 List ALL existing other Impervious surfacesList ALL existing structure footprint areas Total Impervious Surface Description AreaDescriptionArea 1895 ft'1729 ft'B1ft'Oriveway/Parking ares(s)Total Impervious-BuildingsDwelling artd Attached Garage 1594 ft'C1813 ft'ft'0 Palio/SidewalkDetached Garage Total ^pervious-Other Total Impervious Surface B1 4C1 3489 ft'ft'D1ft'Retaining wall(s)Shed(s) Total Percent impervious (D1 * A1)x 10037 40.20%ft'Elft'LandscapingMiscellaneous 744ft'ft'Recreational Camping Unit Oeckfsj -1319Allowable Total Area Remaining A2-D1 ft' ft'166 ft'Other: Water Oriented Accessory Structure 1594 ft'1895 ft'Project being requested;ClB1Total Impervious-OtherTotal Impervious-Buildings Accessory structures less than or equal to 120 sq ft _ without a permit. This exemption only applies to Hems LJ not located in the Shore Impact Zor>e. Bluff Impact Zorw. or Wetlands. Building Impervious SurfacePercentage (B1 -*^A1)x100 Reviewed by L&R D E1 Greater than 15% Exemption Not Allowed Int:Date:B2 21.83% O El 15% or less Exemption Allowed Small landscaping projects under 200 sq ft. This 0 exemption only applies to items not located in the Shore Impact Zone, Bluff Impact Zone, or Wetlands. Allowable Buildir>g AreaRemaining A3-B1 -159.00B3 SHORE IMPACT ZONE 37.5 ft (GO Lakes) 50 ft (RD Lakes/ A^cufture, Urban,Tributary Rivers) 75 ft (Transition River) 100fl(NE Lakes) 37.5 ftS1General DevelopmentLake Classiricalion Shore Impact Zone Area SI x S2 1875 ft'S3S250ftAverage lot width in the Shore Impact Zone Total Area Allowed for Irnpervious Surface S3X.15 ft'S4 281.25 List all other impervious surfaces in the Shore Impact ZoneList all structure footprints in the Shore Impact Zone Total Impervious Surface AreaAreaDescriptionDescription 183 ft' S5 166 ft'166 ft'Palio/Sidewalk BuildingsBuilding(s) 261 ft'444 ft'S6ft'Oack(s)Other Total Impervious Surface S5 « S6 S7 610 ft'ft'ft'Landscaping/retainging walt(s) Total Percent Irnpervious (S7 * S3) X100 32.53%ft'ft'Driveway/Pariiyig area(s) ft'ft'MisceilaneouB Allowable Area Remaining S4 - S7 -328.75 ft' ff 166 ft'444 ft'S6SIZ Total Impervious-Buildings 35 SIZ Total Impervious-Other 7/1/2021 8-17-2022Mike Dawson DatePrinted Name r Otter Tail County Land & Resource Management Impervious Surface Worksheet Proposed Pag# 2 Property Address 21655 BROADWATER DR PELICAN RAPIDS. MN 56572 17-000-99-0556-000PIN Property Area (from CIS or Survey):Square Footage ot Lei Aoes X 43,560 A1.2 8680Acres *Toiai Area Allowed for Impervious Surlece A1 X .25 Total Area Allowed lor fiuSdings A11,20A2ft’A3 17362170 ft’ List ALL proposed structure footprint areas List ALL proposed other Impervious surfaces Total Impervious Surface Description Area Description Area Total Exislirtg Impervious- Other from Page 1 Total Existing Building Impervious Irom Page i 1895 fP 1594 ft’B1 C1 Total Proposed Biilding Impervious 1894 ft’ft’ft’F1Dwelling and Attached Garage Oriveway/Pafkir^ area(s)240 Total Proposed impervious- Other 698ft’ft’G1 ft’Pafio/SidewdikDetached Garage Total Proposed Impervious Surface FI ♦ G1_______________ 2592 ft^ft’ft’HIShad(s)Retaining wall(s) Total Proposed f'erce^ Impervious {HI *AT)x100______ -1729 29.9%ft’ft’IILerKlscapingMisceBaneous 197fp Dcdt(s)ft’Recreational Camping Unit Allowable Area Remaining A2 -856 ffHI-1333ft= oincr: rernovalofofher Imptf.ft’Water Oriented Accessory Structure 698 ft’1894 ft’G1FITotal Impervious-OtherTotal Impervious-Buildings -1729 Existing Dwelling to be removedPercent Biilding Impervious (FI 4 A1) X 100 21.82% -1333 Other impervious surface to be removed Allowable Building Area Remaining A3- FI -158.00 ft’ SHORE IMPACT ZONE 37.5 fUGO Lakes) 50 fi (RD Lakes/Agricunral. Urtan.Tribuiary River) c 4 75 ft (TrartsilienRiver) ^ 100 ft (NE Lakes) 37.5 ftGeneral DevelopmentLake Classiticalion Shore Impact Zone Area STxS2 1875S3S250 ft’ftAverage lot width In the Shore Impact Zone) Total Area AOowed for Impervious Surface S3x .15 281.25S4 ft’ List all proposed other Impervious surfacesList all proposed structure footprint areas Total Proposed Impervious Surface DescriptionDescriptionArea Area Total Existing Impervious- Other (Pg 1) Total Existing Building Impervious (Pg 1) 166 ft’444 ft’S6S5 166 ft’ft’ft’S8Pallof Si dewalk6utlding(s)Proposed Buildings 261 ft’S9ft’Oeck(s)Proposed Other Toial Impervious Surface SB«S9 427 ft’S10ft’ft’Landscaping/Retaining wall(8) Total SIZ Percent bnpervlous (S10*S3)x100 22.8%ft’ s’Driveway/Paiking area(s) fP -145.75ft’Mlcellaneous Allowable Area Remaining S4 - S10 s’ -183Impftrvious to be removed ft’fF 261 s’166 ft’S8 Total Impervious-OtherTotal Impervious-Biflldings 7/1/2021 8-17-2022Mike Dawson SignatKe ~DatePrinted Name SITE PLAN KEYNOTES Mot« DMOlpfton $iri9’«n 173^' */• ttVOION SCHEOLIU HO.lPISCIIPTIONi PAHIJTUNE s2 I Ii- ii I $IogI I5 z2□g tc I- OO IL 3•-£OR 7S'-ir () 173 W'l- NI7*a747^V Z zou z §5 1^ a Ul5 I ^ ^BUILDING/ LOT STATISTICS (LAKESIDE LOT) §s U £ ^ U- <I i<0 I : Z g •A <o5 O S TOTAL LOT AREA: ALLOWABLE IMPERVIOUS SURFACE AREA (25%): EXISTING CABIN FOOTPRINT: DRIVEWAY/ WALKING PATH: BITUMINOUS: DECK: BOATHOUSE AND DECK: 8,680 SF 2.I70SF 1,729 SF 8I3SF 37 SF 483 SF 427 SF /T\ EXISTING SITE e PtOiKI PHASEPROJECT PHASE nojtci 06.16.2022 22056 OATI I 3,489 SF (40.2%)TOTAL IMPERVIOUS SURFACE AREA:EXISTING SITE PLANi A050I SITE PLAN KEYNOTES_NoieD«2glg^ CAnpJHell- ITWy'n'TJl SIT* )T1«S' */-o-: w-cr tr"WVBION ICMtPUU WO, iPOCIIPTlOWl OATl5;I EXISTING CABIN FOOIPBITfl ------• - T ' ' '• 'DSI^ at'-' L 4^.I£SIZUNE § I siL-i--£3 S osTS'r (TS 16-«r t□STOOP zSEprc PUMP O-■4)H OO U. 3 C)I73M' NIT" TO^m ecHHoinzzoo z slO eo 1< s UiBUILDING/ LOT STATISTICS (LAKESIDE LOTI ?I ^ ^8,680 SFTOTAL LOT AREA: ALLOWABLE IMPERVIOUS SURFACE AREA (25%): PROPOSED CABIN FOOTPRINT DRIVEWAY/ WALKING PATH:DECK: §2.I70SF 1,728 SF 240 SF 197 SF 2 UI £ d U. < I c/> I : Z s IO s/^T\ PROPOSED SITE \^sy I*-2,165 SFTOTAL IMPERVIOUS SURFACE AREA:iff^r PIOJtCTPHAU EXISTING BOATHOUSE & DECK:427 SF PROJECT PHASEe2,592 SF (29.9%)TOTAL IMPERVIOUS SURFACE AREA:PIOJICT 08.16.2022 22056 DATE Ia PROPOSED SITE PLANI A051I . I CERTIFICATE OF SURVEY LOTS SECOND ADDITION TO BROADWATER BEACH SECTION 7. TOWNSHIP 137, RANGE 42 OTTER TAIL COUNTY, MINNESOTA r-/-/r\ w'L- L// VL-'% \ i LEGEND 4CNT SET AND UARKE SURVEYOR NO. S413DO STON MTN WONUH LAND .. _ . IRON yCMUUENT FOUND,-C ® aaiIi SEPTIC CLEAN OUTifso<I C3 UAUOX O UCHT POLE ua UTLTTY PEDESTAL Loa ELECTRICAL OUTLETQ UCSUOUS TREE CONPCROUS TREE £'-v: ,v) enuuNous surface CZ-G CONCRETE SURFACE OCCX A r\ IT/ /~\Lyu'i / //O A / Vi I$S I I Scale In FeetImiBURDNC / !___Ii BASS BEARMCS L BASED ON COUNTY COOROMATE STSTEW i OF 910>BEARINGS: HEREON ARE OTTER TAIL /0«NTHEII n-v l LANDSCAPED SURFACE --------- OVERHEAD POWER LINE ---------- UNDERGROUND FKR IME ---------- IMOERGROUNO CAS UNE • ■ ------ SETBAW IME r;/I I Iiii1r-r JCDMR ;57^\IOF LOI A / St.CCKh /I L0CS SHOWN ARE: OHW 10’ ntoy SDE LOT LINES 20 FROU ROAD R/W SETBACK 7S' FROU fMSTiNC impfbviqu^ «aiRfjCONCRETEBITUUINOUSHOUSE9<EDDEWTOTAL: BIS SO. FT. 37 SO. n. 1.729 SO FT.lee so. FT.744 SO. FT. 3.489 Sa FT. mmm \h i $g=^s ii m /$ LOT AREA: 8.6B0 SO. H.mO):iI % C01ARACC EnSTMG: 40.20 AREA N SD CONCRETE 91ED DECK TOTAL ISTrutf-)^ ,(T> or LOT #/ >• ^/I 1.970 SO FT. 163 SO. FT.lee so. n.261 so. FT.610 SO. FT. S COVERAGE IN SO: 32.62 ill ! t\ .4 .••ie/Iss-I mii VICINITY MAP•s SECTION 7-137-42i/'7<,.. ail"Ii:I PELICAN LAKEf/I I/iI :|/\;|it !j %10 I euuvNc $14 //n /n ¥ »_/ /T* r* 4^'—' I \Bt-ACri \ CERTIFICATE OF SURVEYn SUfASYEO PROPERTY ADDRESS: RYAN t UOCLLE T0P6FELDT 21tS6 BROADWATER DRIVE P.O. BOX U2 BARICSVUE. UN 6UI4-OSfi2 aSNT: PEUCAN RAPOS, IM SC3M .1 / 'moore^ y engineenng. tr>c. I O'’cc-0 .r«»«ria m-mb CERTTFICATI I lMr«b)f MTlIIflhot thb w«}>. ip«clflcotlen. plan or rcperl wot proporad bjr m« er under my •upervUtoi ond Biot I «n o Ouly Ucented Lend Sunvyor undw the lova of the Stela o< Hlnnae PROJECT NO.22702DRAWN ON: DRAWN BY: CHECKED BY: PROJECT MANAGER: FIELD BOOK:PAGE: DATE OF FIELDWORK: 07.12.22REVISED:___________________- 07.14.22 I hereby certify thot the aubdl<rldad property daeer In this auniey meets ths County rsqulrsments for LFB AJS COH V-1012S2 No. S4139Aoron Sidttipn. UJnnosdto 3 Propirty Oensr Dote Oats signed:SHEET 1 OF 1 " •. North TPelican Lake' • •. 'i Well Well ®Well Ryan & Michelle Tonsfeldt PO Box 562 Bamesville, MN 56572 \ ■ •.. 911 address: 21655 Broadwater ' Lake^Pelican Lake 56-786 GD' Parcel:'i7OOO990556OOO:"'•r Soil pit in 2020 ......- Setback Line ------Lot Line Sewer Lines Drain Field Structures Scale'll" = 30'Driveway — 30.00'® CO "S E -<=> Wall 32.00'8 2Ko wm Super Septic & Excavation Wayne Johnson, Advanced Designer/ Inspector 38992183rd Ave Pelican Rapids, MN 56572 License #901 218-863-3373 CO Q_ R 50.0(7 12.00' ^ 17000992006000 & 17000992005000 -----■si/. - • • • Compliance inspection report form Existing Subsurface Sewage Treatment System (SSTS) Doc Type: Compliance and Enforcement nriT MINNESOTA POLLUTION CONTROL AGENCY 520 Lafayette Road North St. Paul, MN 55155-4194 Instructions: Inspection results based on Minnesota Pollution Control Agency (MPCA) requirements and attached supporting documentation - additionai iocal requirements may aiso apply. Further information can be found here: https://www.pca.state.mn.us/sites/defauit/fiies/wa-wwists4-31a.Ddf. Inspector must submit completed form to Local Governmental Unit (LGU) and system owner within 15 days of finai determination of compliance or noncompliance. Property information ____________Local tracking number: Local regulatory authority: Otter Tail CountyParcel ID# or Sec/Twp/Range: 17000990556000 Property address: 21655 Broadwater Drive, Pelican Rapids Owner/representative: Ryan & Michelle Tonsfeldt________ Brief system description: 1000 gallon septic, gravity bed treatment area System status Owner’s phone: 701-371-0424 System status on date (mm/dd/yyyy): 8/16/2022 □ Compliant - Certificate of compliance* (Valid for 3 years from report date unless evidence of an imminent threat to public health or safety requiring removal and abatement under section 145A.04, subdivision 8 is discovered or a shorter time frame exists in Local Ordinance.) *Note: Compliance indicates conformance with Minn. R. 7080.1500 as of system status date above and does not guarantee future performance. Reason(s) for noncompliance (check all applicable) D Impact on public health (Compliance component #1) - Imminent threat to public health and safety S Tank integrity (Compliance component #2) - Failing to protect groundwater □ Other Compliance Conditions (Compliance component #3) - Imminent threat to public health and safety □ Other Compliance Conditions (Compliance component #3) - Falling to protect groundwater □ System not abandoned according to Minn. R. 7080.2500 (Compliance component #3) - Failing to protect groundwater □ Soil separation (Compliance component #5) - Failing to protect groundwater □ Operating permit/monitoring plan requirements (Compliance component #4) - Noncompliant - local ordinance applies Comments or recommendations Concrete tank with soft bottom, no manhole, only one 4 inch inspection pipe, also not enough soil separation ^ Noncompliant - Notice of noncompliance An imminent threat to public health and safety (ITPHS) must be upgraded, replaced, or Its use discontinued within ten months of receipt of this notice or within a shorter period if required by local ordinance or under section 145A.04 subdivision 8. Systems failing to protect ground water must be upgraded, replaced, or use discontinued within the time required by local ordinance. Certification / hereby certify that all the necessary information has been gathered to determine the compliance status of this system. No determination of future system performance has been nor can be made due to unknown conditions during system construction, possible abuse of the system, inadequate maintenance, or future water usage. By typing my name below, I certify the above statements to be true and correct, to the best of my knowledge, and that this information can be used for the purpose of processing this form. Business name: Super Septic Inc of Pelican Rapids Certification number: C2520 License number: L901Inspector signature: Wayne Johnson (This document has been electronically signed)Phone: 218-863-7500 Necessary or locally required supporting documentation (must be attached) □ Operating Permit□ Soil observation logs □ Other information (list): □ Locally required forms □ Tank Integrity Assessment Use your preferred relay service • Available in alternative formats Page 1 of 4 https://www.pca.state.mn.us wq-wwists4-31b • 1/11/21 651-296-6300 800-657-3864 1. Impact on public health - Compliance component #1 of 5 Compliance criteria:Attached supporting documentation: □ other: ___________________ G Not applicable □ Yes* IS NoSystem discharges sewage to the ground surface □ Yes* BNoSystem discharges sewage to drain tile or surface waters. □ Yes* H NoSystem causes sewage backup into dwelling or establishment.________ Any “yes" answer above indicates the system is an imminent threat to pubiic health and safety. Describe verification methods and results: looked around site, no signs of backup 2. Tank integrity - Compliance component #2 of 5 Compliance criteria:Attached supporting documentation: □ Pumped at time of inspection□ Yes* ^ NoSystem consists of a seepage pit, cesspool, drywell, leaching pit, or other pit?Super Septic Name of maintenance business;Inc HYes* GNoSewage tank(s) leak below their designed operating depth? License number of maintenance business: L901 Date of maintenance: G Existing tank integrity assessment (Attach) Date of maintenance (mm/dd/yyyy): 7/1/2021 (must be within three years) (See form instructions to ensure assessment complies with Minn. R. 7082.0700 subp. 4 B (1)) ^ Tank is Noncompliant (pumping not necessary - explain below) G Other: If yes, which sewage tank(s) leaks:the only one Any “yes” answer above indicates the system is hiling to protect groundwater. Describe verification methods and resuits: probed tank with steel rod, tank bottom is soft, did not pump tank Use your preferred relay service • Available In alternative formats Page 2 of 4 https://www.pca.state.mn.us wq-wwists4-31b • 1/11/21 651-296-6300 800-657-3864 3. Other compliance conditions - Compliance component #3 of 5 3a. Maintenance hole covers appear to be structurally unsound (damaged, cracked, etc.), or unsecured? H] Yes' S No D Unknown 3b. other issues (electrical hazards, etc.) to immediately and adversely impact public health or safety? □ Yes' 13 No □ Unknown "Yes fo 3a or 3b ■ System is an imminent threat to public health and safety. 3c. System is non-protective of ground water for other conditions as determined by inspector? 3d. System not abandoned in accordance with Minn. R. 7080.2500? *Yes to 3c or 3d - System is failing to protect groundwater. Describe verification methods and results: □ Yes' S No □ Yes* S No Attached supporting documentation: ^ Not applicable □ 4. Operating permit and nitrogen BMP* - Compliance component #4 of 5 □ Not applicable □ Yes ^ No If “yes”, A below is required Is the system required to employ a Nitrogen BMP specified in the system design? □ Yes ^ No If “yes”, B below is required BMP = Best Management Practice(s) specified in the system design If the answer to both questions is “no", this section does not need to be completed. Compliance criteria: a. Have the operating permit requirements been met? b. Is the required nitrogen BMP in place and properly functioning? □ Yes □ No Any “no" answer indicates noncompliance. Describe verification methods and results: Is the system operated under an Operating Permit? □ Yes □ No Attached supporting documentation: □ Operating permit (Attach) □ Available In alternative formats Page 3 of 4 Use your preferred relay servicehttps ://ww w.pca .state.mn.us wq-wwists4-31b • 1/11/21 651-296-6300 800-657-3864 5. Soil separation - Compliance component #5 of 5 □ UnknownDate of Installation 1985 (mm/dd/yyyy) S Yes □ NoShoreland/Wellhead protection/Food beverage lodging? Attached supporting documentation: ^ Soil observation logs completed for the report (Attach) □ Two previous verifications of required vertical separation (Attach) □ Not applicable (No soil treatment area) Compliance criteria (select one): □ Yes □ No*5a. For systems built prior to April 1, 1996, and not located in Shoreland or Weilhead Protection Area or not serving a food, beverage or lodging estabiishment: Drainfield has at least a two-foot vertical separation distance from periodically saturated soil or bedrock. □ S Yes □ No*5b. Non-performance systems built April 1, 1996, or later or for non-performance systems located in Shoreland or Wellhead Protection Areas or serving a food, beverage, or iodging estabiishment: Drainfield has a three-foot vertical separation distance from periodically saturated soil or bedrock.* Indicate depths or elevations A. Bottom of distribution media 30 B. Periodically saturated soil/bedrock +66 C. System separation +36 D. Required compliance separation*+36 *May be reduced up to 15 percent if allowed by Local Ordinance. □ Yes □ No*5c. “Experimental”, “Other”, or “Performance” systems built under pre-2008 Rules; Type IV or V systems built under 2008 Rules 7080. 2350 or 7080.2400 (Advanced Inspector License required) Drainfield meets the designed vertical separation distance from periodically saturated soil or bedrock. *Any “no” answer above indicates the system is failing to protect groundwater. Describe verification methods and results: soil log attached Upgrade requirements: (Minn. Stat. § 115.55) An imminent threat to pubiic health and safety (ITPHS) must be upgraded, replaced, or its use discontinued within ten months of receipt of this notice or within a shorter period if required by local ordinance. If the system is failing to protect ground water, the system must be upgraded, replaced, or its use discontinued within the time required by local ordinance. If an existing system is not failing as defined in law, and has at least two feet of design soil separation, then the system need not be upgraded, repaired, replaced, or its use discontinued, notwithstanding any local ordinance that is more strict. This provision does not apply to systems in shoreland areas. Wellhead Protection Areas, or those used in connection with food, beverage, and lodging establishments as defined in law. hnps://www.pca.state.mn.us wq-wwists4-31b • 1/11/21 Use your preferred relay service • Available in alternative formats Page 4 of 4 651-296-6300 800-657-3864 °hp r ■ —OHf, TO OHp 9'41”E 173.68’±0 \ % Existing house footprint rLLLlL'SLLLiLLlLttL iiiiii I— v'y ■ 6, t •ta I septic tankl I gr! be' i'(, • 0’47”W 173.86’± 0 / \ PROJECT STATISTICS (LAKESIDE LOT):/_ / 8,680: 0 170' LOT SIZE: Al I n\A/ADI C /’Ol^o/.l. LMVUI^nt <»MlSHkMIAOnsite Sewage Treatment Program Soil Observation Log Project ID:V 04.01.2021 21655 Broadwater Dr, Pelican Rapids I I Bedrock Q Organic Matter Ryan Tonsfeldt Soil parent material(s); (Check all that apply) Location / Address:Client: PI Outwash O Lacustrine Q Loess p] Till I I Alluvium Elevation-relative to _______benchmark:Foot Slope Linear, LinearLandscape Position: (select one)Slope %: 1.0 Slope shape Soil survey map units:Limiting Layer Elevation:Forest 711cVegetation: Weather Conditions/Time of Day:04/22/20cloudy am Date Observation #/Location:Observation Type:Pit#1 StructureI IRockDepth (in)Matrix Color(s)Mottle Color(s)Redox Kind(s)Indicator(s)Texture Frag. %ConsistenceGradeShape lOyr 3/2 na na naMedium Sandy Loam Friable0-9 Blocky Weak<5 lOyr 3/3 na na naMedium Sandy Loam Friable9-20 <5 Blocky Weak lOyr 4/3 nanaMedium Sand single grain Structureless20-47 <5 Loose 7.Syr 4/3 na na naCoarse Sand47-60 single grain Structureless Loose<5 lOyr 5/3 na na namedium sand single grain60-71 Structureless Loose<5 lOyr 4/3 na na namedium sand71-84 single grain Structureless Loose<5 Comments I hereby certify that I have completed this work in accordance with all applicable ordinances, rules and laws. Wayne Johnson L901 4/22/2020 (Designer/Inspector)(Date)(License #) L^nuiiii g».wsvuuuOnsite Sewage. Treatment Program Soil Observation Log Project ID:V 04.01.2021 21655 Broadwater Dr, Pelican Rapids I I Bedrock Q Organic Matter Location / Address;Ryan Tonsfeldt Soil parent material(s); (Check all that apply) Client: I I Outwash O Lacustrine Q Loess PI Till n Alluvium Elevation-relative to _______benchmark:Toe Slope Linear, LinearSlope %: 1 ;0Landscape Position: (select one) Slope shape Soil survey map units:Limiting Layer Elevation:Forest 711cVegetation: 04/22/20Weather Conditions/Time of Day:cloudy am Date Observation #/Location;# 2 Observation Type: Pit Structure —IIRockDepth (in)Matrix Color(s)Mottle Color(s)Redox Kind(s)Indicator(s)Texture ConsistenceFrag. %Shape Grade lOyr 3/2 na na naMedium Sandy Loam Blocky Friable0-10 Weak -<5 lOyr 3/3 na na naMedium Sandy Loam Blocky Weak Friable10-20 <5 lOyr 4/3 na naMedium Sand single grain Structureless20-47 <5 Loose 7.5yr 4/3 na na naCoarse Sand single grain47-60 Structureless Loose<5 lOyr 5/3 na na na60-74 medium sand single grain Structureless Loose<5 lOyr 4/3 na na namedium sand74-84 single grain Structureless Loose<5 Comments I hereby certify that I have completed this work in accordance with all applicable ordinances, rules and laws. 4/22/2020Wayne Johnson L901 (License#)(Designer/Inspector)(Date) l.kivix:in or.Ui.NttM.riAOnsite Sewage Treatment Program Soil Observation Log Project ID:V 04.01.2021 21655 Broadwater Dr, Pelican Rapids I I Bedrock Q Organic Matter Ryan Tonsfeldt Soil parent material(s): (Check all that apply) Location / Address:Client: PI Outwash n Lacustrine Q Loess Q Tiii I I Alluvium Elevation-relative to _______benchmark:Toe Slope Linear, LinearLandscape Position: (select one)Slope %: 1.0 Slope shape Soil survey map units:Limiting Layer Elevation:ForestVegetation:711c Weather Conditions/Time of Day:04/22/20cloudy am Date Observation #/Location:Observation Type: Pit# 3 StructureIRockDepth (in)Matrix Color(s)Mottle Color(s)Redox Kind(s)Indicator(s)Texture Frag. %ConsistenceGradeShape lOyr 3/2 na na naMedium Sandy Loam Blocky Friable0-10 <5 Weak lOyr 3/3 na na naMedium Sandy Loam Friable10-22 Blocky Weak<5 lOyr 4/3 na naMedium Sand22-48 single grain Structureless<5 Loose 7.Syr 4/3 na na na48-60 Coarse Sand single grain Structureless<5 Loose lOyr 5/3 na na namedium sand single grain60-71 Structureless Loose<5 lOyr 4/3 na na namedium sand single grain71-84 <5 Structureless Loose Comments I hereby certify that I have completed this work in accordance with all applicable ordinances, rules and laws. Wayne Johnson 4/22/2020L901 (Designer/Inspector)(Date)(License #) University OF Minnesota Onsite Sevra^ Treat^nt l^ograi^oil Observation Log Legal Description/GPS:Client/ Adcbess:uWka^', Soil Parent Material(s): Till (Outwash J) Lacustrine Alluvium (drde all that apply) OOr-> Loess Organic Matter Bedrock Back/Side Slope sio^];> Toe SlopeShoulderLandscape Position: Summit (drde one)________ Slope Shape:Ljl^ Soil Survey Map Unit(s): \ OVegetation:Slope (%): ^O'N ^vv\^y Elevation:Weather conditions/Time of Day: Observation #/Location/Method: c_ Saturated Soil Indicatorls) (see back) RockDepth (In)Matrix Coloijs) Mottle Colorts) Redox Klnd(s) Texture Structure Shape Structure Consistence Grade ______FragX./■ Granular dasafc~“ Moderate Strong Loose Loose PtatyConcentrations Deplet|Qp$ yiia^ Firm<'b^hie J/’T,Prismatic Single Grain Massive0 Extremely FirmGleId Granular Weak Moderate Strong Ptaty^ajncX\j FriableConcentrations Deplefl^i^ Gleyed teY|2%Blodcy Prismatic ' laingja ttraltT^ itesslw Firm 1^0^Extremely Hrm RigidlOCLtO-t &anular Weak ModeratePlaty lUeCan^ent^iOgpleBl^^ Gleyed ons Blodiy Prismatic<S&Strong Rrm Extremely Firm^irmlnliirdlll "RigidMassive Granular Weak Moderate Strong COQ^S^ S^'^d Platy leConcentratigos DepletioK^^ Gleyed 7.CYg Blodiy<35 Firmnn-yo"Extremely Hrm RigidMassive Granular Weak Moderate Strong Maty FriableIClYPr(pO Conicentrations Deplet^Sftr^ GleyM Blocky Prismatic<2$Firm Extremely Firmy.rFir:yr;-ii Rigid.Massive Granular Weak ModeratemcdPlaty FmCBlocky Prismatic<3^strong^o$0 Firm Extremely HrmCSagj$GraI^ Ma5wleyed Rigid !kV)<l5«fWComments: . ( i (rsv^^iAc \^j ciSU^\Cinry Certifled Statement: I hereby certify that I have completed this /miatufeitwork In accordance with all applicable ordinances, rules and laws. (License B)(Datei OTTER TAIL COUNTY Fergus Falls, Minnesota STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 25th day of August 2022 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Property Owner Township Clerk Lake Association Ryan & Michelle Tonsfeldt PO Box 562 Barnesville MN 56514 Sandra Tingelstad, Clerk See Below Dunn Township PO Box 347 Pelican Rapids MN 56572 City Clerk (if located within 2 miles of a city) NA Otter Tail Water Management District—Email Notice if it is in the district - ottertailwatermanaQement@outlook.-eom Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 Eagle Lake Imp. Dist., Kelly Hepper, 38079 South Eagle Lake Rd., BL, MN 56515 Lida Lakes Imp. Dist. David Hilber, 41026 Backroad TrI, Pelican Rapids, MN 56572 Little McDonald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 n ui Big McDonald: Devils (Near Perham): Eagle Lake: Lida Lakes Little Pine & Big Pine: South Turtle Lake: Otter Tail County COLA, 4302 Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1®* Ave N, Fergus Falls, MN 56537 Board of Adjustment Members: Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 6'^ St NE, Perham, MN 56573 Rick West, 17906 West Swan View Rd., Fergus Falls MN 56537 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 Mark T. Johnson, 44229 Monument Beach Loop, Pelican Rapids MN 56572 Planning Commission Member Rick Wilson - 609 W Lakeside Dr., Fergus Falls MN 56537 By placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed above and/or listed in the attachment.Number of Notices & Envelopes to Print File 1Dated: August 25, 2022 Extra 6______ BOA Members__ PC Member_____ Envelopes 19 TOTAL NOTICES TO PRINT____33 I I Added to Agenda Map |~~1 Print out Findings of Fact Sheet Newspapers FFDJ & Perham Focus Amy Busko, Secretary Otter Tail County Board of Adjustment 6 1 MinutesBy: Amy Busko https://ottertailmn.sharepoint.com/sites/LandResources/Sh Affidavit (56-786) 09-08-22.docx Buffer Parcels Parcel No Name 1 Addr 1Name 2 Addr 2 Citv St ZiD Pelican Rapids MN 56572 707317000070082005 Gregory R Bailard 21265 Pelican Dr S Donald S Meidinger17000070089001 4341 Bay Beach Ln Apt #641 Fort Myers Bch FL 33931 5989 17000070089900 Betty L Scott LLC PO Box 7160 Fargo ND 58106 7160 17000070105002 Thomas & Eleanor English Tsts 1224 Elm St Fargo ND 58102 2703 17000990535001 Donald S Meidinger 4341 Bay Beach Ln Apt #641 Fort Myers Bch FL 33931 5989 17000990535900 Betty L Scott LLC PO Box 7160 Fargo ND 58106 7160 17000990548000 Donald S Meidinger 4341 Bay Beach Ln Apt #641 Fort Myers Bch FL 33931 5989 17000990549000 Gregory R Ballard 21265 Pelican DrS Pelican Rapids MN 56572 7073 17000990550000 Kathryn Lea Evenson Pelican Rapids MN 56572 0629PO Box 629 17000990551000 Marjorie A Mathison Hance Tst 10985 56th Ave N Plymouth MN 55442 1600 Janice M Brandner17000990553000 21677 Broadwater Dr Pelican Rapids MN 56572 7070 17000990554000 Keily J 8i Jiil L Geiger 4808 Bakers Ln Fargo ND 58102 5425 17000990555000 Hewitt Real Estate LLC 2702 Maple St N Fargo ND 58102 2131 17000990556000 Ryan 8t Michelle Tonsfeldt Barnesville MN 56514 0562PO Box 562 Daniel D & Barbara J Holland17000990557000 13563 Starwood Ln Fort Myers FL 33912 6904 17000990558000 Robert & Jeannine Schulte 21637 Broadwater Dr Pelican Rapids MN 56572 7070 17000990559000 Rodney F Paseka 385 7th Ave S Apt 301 Fargo ND 58103 2854 17000990560000 Byron K Klebe 21617 Broadwater Dr Pelican Rapids ND 56572 7070 Steven & Eldean Hanson Fam Tst17000990561000 2146 Sterling Rose Ln S Fargo ND 58104 6806 17000990562000 Barbara M Johnson 1418 11th Ave S Fargo ND 58103 3016 17000990563000 Sylvester Tst 1831 Briar Ridge Ct Mclean VA 22101 4233 17000990564000 David 8i Patricia Rustad 4600 Lakeview Dr Edina MN 55424 1518 17000990565000 David & Patricia Rustad 4600 Lakeview Dr Edina MN 55424 1518 Wednesday, August 24, 2022 Page 1 of 2 Parcel No Addr 2 City St ZipName 1 Addr 1Name 2 17000990566000 David & Patricia Rustad Edina MN 55424 15184600 Lakeview Dr 17000992002000 David & Patricia Rustad Edina MN 55424 15184600 Lakeview Dr Rodney Paseka Fargo ND 58104 3348170009920030003280 Veterans Blvd Apt 320 17000992004000 Byron K Klebe Pelican Rapids ND 56572 707021617 Broadwater Dr 17000992005000 Ryan & Michelle Tonsfeldt Barnesville MN 56514 0562PO Box 562 Barnesville MN 56514 056217000992006000 Ryan & Michelle Tonsfeldt PO Box 562 17000992014000 Kelly J & Jill L Geiger Fargo ND 58102 54254808 Bakers Ln 17000992015000 Janice M Brandner Pelican Rapids MN 56572 707021677 Broadwater Dr Plymouth MN 55442 160017000992016000 Marjorie A Mathison Hance Tst 10985 56th Ave N Page 2 of 2Wednesday, August 24, 2022 Buffer Mail Address iName Address 2 City, State, Zip Gregory R Ballard 21265 Pelican DrS Pelican Rapids MN 56572 7073 Betty L Scott LLC PO Box 7160 Fargo ND 58106 7160 Janice M Brandner 21677 Broadwater Dr Pelican Rapids MN 56572 7070 Kathryn Lea Evenson Pelican Rapids MN 56572 0629PO Box 629 Kelly J & Jill L Geiger 4808 Bakers Ln Fargo ND 58102 5425 Hewitt Real Estate LLC 2702 Maple St N Fargo ND 58102 2131 Daniel D & Barbara J Hofland 13563 Starwood Ln Fort Myers FL 33912 6904 Barbara M Johnson 1418 11th Ave S Fargo ND 58103 3016 Byron K Klebe 21617 Broadwater Dr Pelican Rapids ND 56572 7070 Marjorie A Mathison Hance 1st 10985 56th Ave N Plymouth MN 55442 1600 Donald S Meidinger 4341 Bay Beach Ln Apt #641 Fort Myers Bch FL 33931 5989 Rodney Paseka 3280 Veterans Blvd Apt 320 Fargo ND 58104 3348 Rodney F Paseka 385 7th Ave S Apt 301 Fargo ND 58103 2854 David & Patricia Rustad 4600 Lakeview Dr Edina MN 55424 1518 Robert & Jeannine Schulte 21637 Broadwater Dr Pelican Rapids MN 56572 7070 Steven & Eldean Hanson Fam 1st 2146 Sterling Rose Ln S Fargo ND 58104 6806 Sylvester 1st 1831 Briar Ridge Ct Mclean VA 22101 4233 Thomas & Eleanor English Tsts 1224 Elm St Fargo ND 58102 2703 Ryan & Michelle Tonsfeldt PO Box 562 Barnesville MN 56514 0562 Wednesday, August 24, 2022 Page 1 of 1 1231207 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 12/19/2019 10:35 AM FEE: 46.00 PAGES 8 WELL CERTIFICATE REC'D: N No delinquent taxes and transfer entered; Certificate of RmI Estate Value ( ) filed ( ) not required.Certificate of Real Estate Value No: 103^63 'PectixkeA. 1^^_____. UJamLOtter TaW County Auditor/treasurer ^ ^ Deputy CO O •v;*V By:. n 000^^ ^o^coo Cover Page Carol Schmaltz Otter Tail County Recorder Government Services Center 565WFirAve Fergus Falls, MN 56537 218-998-8140 Otter Tail County, Minnesota 1231207 1 of 8 ^ijOA ^onS'fzIJ'f No delinquent texee end trar^ entered; ^ owtificateofReaiEeaifi^lue ( ^filed ( y|1wt required.^ i/eiue No.Certilicate of il hJik/AJie^ UA AA TalKCounty Auditornreaeurer aBy: noOD^Z(^00[^ (Top 3 inches reserved for recording data) CONTRACT FOR DEED by Individual(s)_____ Minnesota Uniform Conveyancing Blanks ■ ________ Form 30.1.1 (2011) DATE: !(. 22. « (monlMlBy/^eBi) t0vO [lOjrA (iisert nemeand mBrilal status of each Sellei) THiS CONTRACT FOR DEED (the “Contract") is made on the above date by ("Seller"), and ’nserfnikej feaA Sunil I ISer"). (Check box if ^jaintlenancy.) Seller and Purchaser agree to the following terms: 1. Property Description. Seller hereby sells and Purchaser hereby buys real property in County, Minnesota, described as follows: ^encl\ bicct Z 4t> k Check here if all or part of the described real property is Registered (Torrens) □ together with all hereditaments and appurtenances belonging thereto (the “Property”). Unless otherwise specified. Seller hereby delivers possession of the Property to Purchaser on the date hereof. Chdk applicable box: ^The Seller certifies that the Seller does not know of any wells on the described real property. □ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: .) □ I am familiar with the property described in this instrument and 1 certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Page 1 oi 6 Otter Tail County, Minnesota 1231207 2 of 8 \ ■ \ Page 2 of 6 Minnesota Uniform Conveyancing Blanks Form 30.1.1 2. Title. Seller warrants that title to the Property is, on the date of this Contract, subject only to the following exceptions: (a) Covenants, conditions, restrictions, (without effective forfeiture provisions) and declarations of record, if any; (b) Reservation of minerals or mineral rights by the State of Minnesota, if any; (c) Utility and drainage easements which do not interfere with present improvements; (d) Applicable laws, ordinances, and regulations; (e) The lien of real estate taxes arid installments of special assessments which are payable by Purchaser pursuant to paragraph 6 of this Contract; and (f) The following liens or encumbrances: •3. Delivery of Deed and Evidence of Title. Upon Purchaser’s full performance of this Contract, Seller shall: (a) Execute, acknowledge, and deliver to Purchaser a conveying marketable title to the Property to Purchaser, subject only to the following exceptions: (i) Those exceptions referred to in paragraph 2{a), (b), (c), (d), and (e) of this Contract; (ii) Liens, encumbrances, adverse claims or other matters which Purchaser has created, suffered or permitted to accrue after the date of this Contract; and (iii) The following liens or encumbrances; Deed, in recordable form. AJoa/£ ......................................1......1 nr[]j|'p iji iim n, | -^i| , 1 |'iTili irimil ri“i|iiiiril li'j llii [ilTinrnTr uiiiJi|)|jn)liuu(Ji.agib!gn^itff^)^l.iiawcii!.ii Oullui u pcdi'aJyL beeA, \ 'Me. pnsmooL+toK a»)A 4. Purchase Price. Purchaser shall pay to Seller at ^ ifitkfiu SrWUna _____the sum of * ________________ Dollars~fS J, as and for the purchase price (the “Purchase Price! tor the Property, payable as follows: ^ ^,OCiO 0 ^') ■Piri-I- oX “Oyr d, ioWa 'lUj, \jki\Ll “CijlIIij: ^vd. a.wA 'Cttt Ar4)» «(^\cA. £>4 Sut par 5. Prepayment. Unless othemvise provided in this Contract, Purchaser shall have the right to fully or partially prepay this Contract at any time without penalty. Any partial prepayment shall be applied first to payment of amounts then due under this Contract, including unpaid accrued interest, and the balance shall be applied to the principal installments to be paid In the inverse order of their maturity. Partial prepayment shall not postpone the due date of the installments to be paid pursuant to this Contract or change the amount of such installments. Otter Tail County, Minnesota 1231207 3 of 8 / . Page 3 of 6 Minnesota Uniform Conveyancing Blanks Form 30.1.1 6. Real Estate Taxes and Assessments. Real estate taxes and installments of special assessments which are due and payable in the year in which this Contract is dated shall be paid as follows; V petti 26/9 Purchaser shall pay, before penalty accrues, all real estate taxes and installments of special assessments assessed against the Property which are due and payable'in all subsequent years. Seller warrants that the real estate taxes and installments of special assessments which were due and payable in the years preceding the year in which this Contract is dated are paid in full. If the Property is subject to a recorded declaration providing for assessments to be levied against the Property by any owners’ association. Purchaser shall promptly pay, when due, all assessments imposed by the owners' association or other governing body as required by the provisions of the declaration or other related documents. 7. Property Insurance. (a) Insured Risks and Amounts. Purchaser shall keep all buildings, improvements, and fixtures now or later located on or a part of the Property insured against loss by fire, lightning^nd such other perils as are included in a standard “all-risk’’ endorsement, and against loss or damage by all other risks and hazards.ravered by a standard extended coverage insurance policy. Including, without limitation, vandalism, malicious mischief, burglary, ||je| ^d jv^pplicable, steam boiler explosion. Such insurance shall be in an amount no less than the full replacement cost of tl depreciation. If any of the buildings, improvements, or fixturdfe are located in a federally designated flood prone area, and if flood insurance is available for that area. Purchaser shall procure and maintain flood insurance in amounts reasonably satisfactory to Seller. lildims, improvements, and fixtures, without deduction for physical (b) Other Terms. The insurance policy shall confl^n a loss payable clause in favor of Seller which provides that Seller’s right to recover under the insurance shall not be impaired brany al^r omissions of Purchaser or Seller, and that Seller shall otherwise be afforded all rights and privileges customarily pro\|{le^ a nrongagee under the so-called standard mortgage clause. (c) Notice of Damage. In the event of damage to the Property by fire or other casualty. Purchaser shall promptly give notice of such damage to Seller and the insurance company. 8. Damage to the Property. (a) Application of Insurance Proceeds. If the Property is damaged by fire or other casualty, the insurance proceeds paid on account of such damage shall be applied to p^ment of the amounts payable by Purchaser under this Contract, even if such amounts are not then due to be paid, unless Pu\haser makes a permitted election described in the next paragraph. Such amounts shall be first applied to unpaid accrued interest anil next to the installments to be paid as provided in this Contract in the inverse order of their maturity. Such payment shall nc4 pdit^f^ due date of the installments to be paid pursuant to this Contract or change the amount of such installments. Thelb^nce^nsurance proceeds, if any, shall be the property of Purchaser. (b) Purchaser’s Election to Rebuild. If Purchaser is m>^in default under this Contract, or after curing any such default, and if the mortgagees in any prior mortgages and sellers in any prior contracts for deed do not require otherwise. Purchaser may elect to have that portion of such insurance proceeds necessary to*fepair, replace, or restore the damaged Property (the “Repairs") deposited in escrow with a bank or title insurance company qualifie^o doy^usiness in the State of Minnesota, or such other party as may be mutually agreeable to Seller and Purchaser. The ele^iorr damage occurs. Also, the election will only be pelj)i(ped if plans and specifications and contracts for the Repairs are approved by Seller, which approval Seller shall not unreasonably withhol^r delay. If such a permitted election is made by Purchaser, Seller and Purchaser shall jointly deposit, when paid, such insurance proc^ds into such escrow. If such insurance proceeds are insufficient for the Repairs, Purchaser shall, before the commencement of the impairs, deposit into such escrow sufficient additional money to insure the full payment for the Repairs. Even if the insurance proceeds are unavailable or are insufficient to pay the cost of the Repairs, Purchaser shall at all times be responsible to pay the full cost of the Repairs. All escrowed funds shall be disbursed by the inly be made by written notice to Seller within sixty (60) days after the Otter Tail County, Minnesota 1231207 4 of 8 Page 4 of 6 Minnesota Uniform Conveyancing Blanks Form 30.1.1 escrowee in accordance with generally accepted sound construction disbursement procedures. The costs incurred or to be incurred on account of such escrow shall be deposited by Purchaser into such escrow before the commencement of the Repairs. Purchaser shall complete the Repairs as soon as reasonably possible and in a good and workmanlike manner, and in any event the Repairs shall be completed by Purchaser within one (1) year after the damage occurs. If, following the completion of and payment for the Repairs, there remains any undisbursed escrow funds, such funds shall be applied to payment of the amounts payable by Purchaser under this Contract in accordance with paragraph 8(a) above. (c) Owners' Association. If the Property is subject to a recorded declaration, so long as the owners' association maintains a master or blanket policy of insurance against fire^extended coverage perils and such other hazards and in such amount as are required by this Contract, then: (i) Purchaser’s obiftatijfij in the Contract to maintain hazard insurance coverage on the Property is satisfied; (ii) the provisions of paragraph 8(a) ofjihi[ provisions of the declaration or other related dofiumei^te; and (iii) in the event of a distribution of insurance proceeds in lieu of restoration or repair following an insured casualty loss to the Property, any such proceeds payable to Purchaser are hereby assigned and shall be paid to Seller for application to the sum secured by this Contract, with the excess, if any, paid to Purchaser. 'act regarding application of insurance proceeds shall be superseded by the 9. Injury or Damage Occurring on the Property. (a) Liability. Seller shall be free from liability and claims for damages by reason of injuries occurring on or after the date of this Contract to any person or persons or properly while on or about the Property. Purchaser shall defend and indemnify Seller from all liability, loss, cost, and obligations, including reasonable attorneys' fees, on account of or arising out of any such injuries. However, Purchaser shali have rio liability or obligation to Seller for such injuries which are caused by the negligence or intentional wrongful acts or omissions of Seller. (b) Liability Insurance. Purchaser shall, at Purchaser’s own expense, procure and maintain liability insurance against claims for ■ bodily injury, death and property damage occurring on or about the Property in amounts reasonably satisfactory to Seller and naming Seller as an additional insured. 10. Insurance Generally. The insurance which Purchaser is required to procure and maintain pursuant to paragraphs 7 and 9 of this Contract shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and acceptable to Seller. The insurance shall be maintained by Purchaser at all times while any amount remains unpaid under this Contract. The insurance policies shall provide for not less than ten (10) days written notice to Seller before cancellation, non-renewal, termination or change in coverage, and Purchaser shall deliver to Seller a duplicate original or certificate of such insurance policy or policies. 11. Condemnation. If all or any part of the Property is taken in,condemnation proceedings instituted under power of eminent domain or is conveyed in lieu thereof under threat of condemnation, the money paid pursuant to such condemnation or conveyance in lieu thereof shall be applied to payment of the amounts payable by Purchaser under this Contract, even if such amounts are not then due to be paid. Such amounts shall be applied in the same manner as a prepayment as provided in paragraph 5 of this Contract. Such payments shall not postpone the due date of the installments to be paid pursuant to this Contract or change the amount of such installments. The balance, if any, shall be the property of Purchaser. 12. Waste, Repair, and Liens. Purchaser shall not remove or demolish any buildings, improvements, or fixtures now or later located on or a part of the Property, nor shall Purchaser commit or allow waste of the Property. Purchaser shall maintain the Property in good condition and repair. Purchaser shall not create or permit to accrue liens or adverse claims against the Property which constitute a lien or claim against Seller's interest in the Property. Purchaser shall pay to Seller all amounts, costs and expenses, including reasonable attorneys' fees, incurred by Seller to remove any such liens or adverse claims. •,* 13. Compliance with Laws. Except for matters'which Seller has created, suffered, or permitted to exist prior to the date of this Contract, Purchaser shall comply or cause compliance with all laws and regulations of any governmental authority which affect the Property or the manner of using or operating the same, and with all restrictive covenants, if any, affecting title to the Property or the use thereof. Otter Tail County, Minnesota 1231207 5 of 8 - I /V/;■ ■ Page 5 of 6 Minnesota Uniform Conveyancing Blanks Form 30.1.1 14. Recording of Contract; Deed Tax. Purchaser shall, at Purchaser’s expense, record this Contract in the Office of the County Recorder or Registrar of Titles in the county in which the Property is located within four (4) months after the date hereof. Purchaser shall pay any penalty imposed under Minn. Stat. 507.235 for failure to timely record the Contract. SOIIeRiHailpUtJUii PuiUiujUj full puifurmonsirof Hw Cotltwul;‘p SkflLLl 15. Notice of Assignment. If either Seller or Purchaser assigns its interest in the Property, the assigning party shall promptly furnish a copy of such assignment to the non-assigning party. 16. Protection of Interests. If Purchaser fails to pay any sum of money required under the terms of this Contract or fails to perform any of the Purchaser’s obligations as set forth in this Contract, Seller may, at Seller’s option, pay the same or cause the same to be performed, or both, and the amounts so paid by Seller and the cost of such performance shall be payable at once, with interest at the rate stated in paragraph 4 of this Contract, as an additional amount due Seller under this Contract. If there now exists, or if Seller hereafter creates, suffers or permits to accrue, any mortgage, contract for deed, lien or encumbrance against the Property which is not herein expressly assumed by Purchaser, and provided Purchaser is not in default under this Contract, Seller shall timely pay all amounts due thereon, and if Seller fails to do so, Purchaser may, at Purchaser’s option, pay any such delinquent amounts or take any actions reasonably necessary to cure defaults thereunder and deduct the amounts so paid together with interest at the rate provided in this Contract from the payments next coming due under this Contract. 17. Defaults and Remedies. The time of performance by Purchaser of the terms of this Contract is an essential part of this Contract. If Purchaser fails to timely perform any term of this Contract, Seller may, at Seller’s option, elect to declare this Contract cancelled and terminated by notice to Purchaser in accordance with applicable law or elect any other remedy available at law or in equity. If Seller elects to terminate this Contract, all right, title, and interest acquired under this Contract by Purchaser shall then cease and terminate, and all improvements made upon the Property and all payments made by Purchaser pursuant to this Contract (including escrow payments, if any) shall belong to Seller as liquidated damages for breach of this Contract. Neither the extension of the time for payment of any sum of money to be paid hereunder nor any waiver by Seller of Seller’s rights to declare this Contract forfeited by reason of any breach shall in any manner affect Seller’s right to cancel this Contract because of defaults subsequently occurring, and no extension of time shall be valid unless agreed to in writing. After service of notice of default and failure to cure such default within the period allowed by law. Purchaser shall, upon demand, surrender possession of the Property to Seller, but Purchaser shall be entitled to possession of the Properly until the expiration of such period. Failure by Seller to exercise one or more remedies available under this paragraph 17 shall not constitute a waiver of the right to exercise such remedy or remedies thereafter. 18. Binding Effect. The terms of this Contract shall run with the land and bind the parties hereto and the successors in interest. 19. Headings. Headings of the paragraphs of this Contract are for convenience only and do not define, limit, or construe the contents of such paragraphs. 20. Additional Terms: Check here if ^an addendum to this Contract containing additional terms and conditions is attached hereto. Seller Purchaser (signature)(signature) (si^ature)(signature) Otter Tail County, Minnesota 1231207 6 of 8 t • -/ Page 6 of 6 Minnesota Uniform Conveyancing Blanks Form 30.1.1 State of Minnesota. County of/^'H^^r^ j This instrument Was acknowledged before me on by limmniasy^fear) " Q __________________^____________________ (insert name doll marital status of each Seller) tigiatun irnS/aria; oflicaj / My commission expires: R |. f^Wday/}esr) ~-----^tamf4_ ................. JEAN M. PAULSON notary PUBLIC-MINNESOTA . My Commission Expires JAN. 31,2020 Titlei +— / State of Minnesota. County of \\\\P|\iaaThis instrument was acknowledged before me on _..by (month/deyfyear) (insert name and marital status of each Purchaser)li V(k>JCiv\^ JMrrXi rat.lP)vO (StSWfeAN T. M0ATS“* as Public S*/ of Minnesotam fMy Commission Expires Januarv3l ?non . (signature of notariat otScer) Title (and Rank): My commission expires: THIS INSTRUMENT WAS DRARED BY:TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: insert iegat name end residential ortxjsiness address of Grantee)u SUSAN T. MOATS Notary Public ' State of Minnesota My Commission Expires January 31.2020r'i Note; Failure to record this cont^t for deed may give other parties priority over Purchaser's interest in the property. . j, jl„*j mw sr« Otter Tail County. Minnesota 1231207 7 of 8 )1 k VND a; vwve, fiu_irc.kflL5>€^ sWu Wuua4 AAve, p^rop^^rly -Vcii ‘Wve.iw ^ £UtdlwA- Cu^.a oVker pejrsoi^'VWfi_ Vo WulwA- <OLtd pffDpe-irkj . I I 1 2-li Ar\ laDArKmC-p>aiTcV\ase.r ■ska Ll kuvd <D^a<ijflLvrdt pv23p6rf^ j 4b ^ifiJUar fr\r t|roL\rct fllwv^ o4ke.r p£.rs^i^ HKfi-ri<|Vv3t' { Ala KujJ4 oAj(ACa.v4 . : 5)^ M v\b 4'iwi6. sWtLLl 4V\£.ir^ ioa. c^pO-n.-ftVo or Jaurmtag jovv p\rt>pfi.rV^ parc.V\flis.eA. 4) 14^ ^ll^v|•4lmC^ ‘sivDUi\A 4W-piur^lWAS^f s4av'4'0>-4^tre- CLwA t4 ilobuiA 4d 4k(L ^ 4Ue, seller 4Keij. ^re£ j'VWiA: 4V\fijL^ uiiU loaar <Lll cnsls diSocioA-eA loiik 4ir2_(Wri’fDi I a\rA 0ds6 frie.(mbu/se- 4k€_ 44\e- Ua.lu.e- 4raes, ■ Ip'ro^rAn^ , Auaellii/v:js Cii\duj^iA<jAac.r s4fi»n^V4Vvij4 moju^ ke. j Aa-Sstroi^i^ hl^ki^r^xyJC^<SJ^ iw SGuvA "Pira.# I , SW^loVA 4kfi^ puf(L.WliS<i(r v\t4- oAkfi-re- 4o 4l\fl53£_ oAienA.um.s |4Wu Cdjm 4k(uj loill 4c\rPie.Af 4lvfi.ir rKjk-l' 46 $kuA J^rc^pedY » i I ! ; !i i ! I :I seller I u IJEAN M. PAULSON NOTARY PUBLIC-MINNESOTA | ^Q. "Z^ / My Commission Expires JAN. 31,20201< -----r— !r9I ; • f i I SUSAN T. MOATS Notary Public Siate of Minnesota ijSj My Commission Expires January 31.2020 Otter Tail County, Minnesota 1231207 8 of 8 • %No delinquent taxes and transfer entered: Certificate of Real Estate Value ^ (•;< ) filed ( ) not required. Cert, of Real Estate Value No. 9Hb/bl COU3 TL/if Z-? .ZSii / (Year) Wayne Stein. County Auditor/Treasurer 1209537 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 07/30/2018 08:58 AM FEE: 46.00 PAGES 7 WELL CERTIFICATE REC'D: N ;<=§ UJ •X by r Deputy^ nooobioo^wf> Mfu/ nooc^9W>oi0ooo (Top 3 inches reserved for recording data) CONTRACT FOR DEED by Individual(s)_____ Minnesota Uniform Conveyancing Bianks _________Form 30.1.1 (2011) (monlMjSy/yeer) f DATE: Arf/2 (insert ^me and marital status of each Seller) THIS CONTRACT FOR DEED (the “Contract") is made on the above date by (“Seller"), and (insert name of each Purchaser) (“Purchaser"). (Checkboxll Oplnttenancy.) <■ Seller and Purchaser agree to the following terms: 1. Property Description. Seller hereby sells and Purchaser hereby buys real property in County, Minnesota, described as follows: Lot’‘z. BolW Uioak Li sn&'S<^V BiQ± 2 -It. t«. OttcuKe^ 1 cX AAi.Ticivt To Check here if all or part of the described real property is Registered (Torrens) □ together with all hereditaments and appurtenances belonging thereto (the “Property"). Unless otherwise specified, Seller hereby delivers possession of the Property to Purchaser on the date hereof. Clwi6k applicable box: Bj The ^ller certifies that the Seller does not know of any wells on the described real property. □ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed; insert WDC number: □ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. I hereby Mrtlty *1'® taxes for the year^,^pt.^ for the lands described within are paid.County Treasurer) Page 1 of 6 iOtter Tail County, Minnesota 1209537 1 of? Page 2 of 6 Minnesota Uniform Conveyancing Blanks Form 30.1.1 2. Title. Seller warrants that title to the Property is, on the date of this Contract, subject only to the following exceptions: (a) Covenants, conditions, restrictions (without effective forfeiture provisions) and declarations of record, if any; (b) Reservation of minerals or mineral rights by the State of Minnesota, if any; (c) Utility and drainage easements which do not interfere with present improvements; (d) Applicable laws, ordinances, and regulations; (e) The lien of real estate taxes and installments of special assessments which are payable by Purchaser pursuant to paragraph 6 of this Contract; and (f) The following liens or encumbrances: 3. Delivery of Deed and Evidence of Titje. Upon Purchaser’s full performance of this Contract, Seller shall: (a) Execute, acknowledge, arid deliver to Purchaser a conveying marketable title to the Property to Purchaser, subject only to the following exceptions: (i) Those exceptions referred to in paragraph 2(a), (b), (c), (d), and (e) of this Contract; (ii) Liens, encumbrances, adverse claims or other matters which Purchaser has created, suffered or permitted to accrue after the date of this Contract; and (iii) The following liens or encumbrances: Deed, in recordable form. lOlDNfe: (b) Dolivoi'lu ruiotmjBcfra^ \q. Pu,rci)Q.^<* sVvdiU P&ajU£LL(. W Lk&tn^CCS4. Purchase Price. Purchaser shall oav to^ellCT at . 4icA-ir I tig/’urUi ____________ ^A/liL 1 ______the sum of ^^ ^ 0 ^ ^ ^ f QQ ^ dollars($ _________ )',asan^for the purchase price (the “Purchase Price”) for the Property, payable as follows: C13) o-f lUlaii -tor a, ftei-lcel cf( eoem uear sVi^ fee..CuJilu. paid 4e, liDvtwiift W .scct-is»'A'dA ^ ^ 1^0 tho oxtont r&quired-by Oil iMCliajL ^•=f.i482’ 5. Prepayment. Unless otherwise provided in this Contract, Purchaser shall have the right to fully or partially prepay this Contract at any time without penalty. Any partial prepayment shall be applied first to payment of amounts then due under this Contract, including unpaid accrued interest, and the balance shall be applied to the principal Installments to be paid in the inverse order of their maturity. Partial prepayment shall not postpone the due date of the installments to be paid pursuant to this Contract or change the amount of such installments. Otter Tail County, Minnesota 1209537 2 of 7 Page 3 of 6 Minnesota Uniform Conveyancing Blanks Form 30.1.1 6. Real Estate Taxes and Assessments. Real estate taxes and installments of special assessments which are due and payable in the year in which this Contract is dated shall be paid as follows: ipaiA. 2dl& Purchaser shall pay, before penalty acaues, all real estate taxes and installments of special assessments assessed against the Property which are due and payable in all subsequent years. Seller warrants that the real estate taxes and installments of special assessments which were due and payable in the years preceding the year in which this Contract is dated are paid in full. If the Property is subject to a recorded declaration providing for assessments to be levied against the Property by any owners’ association, Purchaser shall promptly pay, when due, all assessments imposed by the owners' association or other governing body as required by the provisions of the declaration or other related documents. 7. Property Insurance. (a) Insured Risks and Amounts. Purchaser shallAeep all buildings, improvements, and fixtures now or later located on or a part of the Property insured against loss by fire, lightning arid such other perils as are included in a standard “all-risk’’ endorsement, and against loss or damage by all other risks and hazards cwered by a standard extended coverage insurance policy, including, without limitation, vandalism, malicious mischief, burglary, theft a\d,u^plicable, steam boiler explosion. Such insurance shall be in an amount no less than the full replacement cost of thq^diius, mnprovements, and fixtures, without deduction for physical depreciation. If any of the buildings, improvements, or fixtun^ are located in a federally designated flood prone area, and if flood insurance is available for that area. Purchaser shall procure ^d maintain flood insurance in amounts reasonably satisfactory to Seller. (b) Other Terms. The insurance policy shall contiun a loss payable clause in favor of Seller which provides that Seller’s right to recover under the insurance shall fiot be impaired by anVact|5gt omissions of Purchaser or Seller, and that Seller shall otherwise be afforded all rights and privileges customarily provi(j|!^|a nr (c) Notice of Damage. In the event of damage to the Pr^rty by fire or other casualty. Purchaser shall promptly give notice of such damage to Seller and the insurance company. under the so-called standard mortgage clause. 8. Damage to the Property. (a) Application of Insurance Proceeds. If the Property is damaged by fire or other casualty, the insurance proceeds paid on account of such damage shall be applied to paym^t of the amounts payable by Purchaser under this Contract, even if such amounts are not then due to be paid, unless Purchaser makes a permitted election described in the next paragraph. Such amounts shall be first applied to unpaid accrued interest and i^t to tte installments to be paid as provided in this Contract in the inverse order of their maturity. Such payment shall not postj^n^heime date of the installments to be paid pursuant to this Contract or change the amount of such installments. The batyK» of iimirance proceeds, if any, shall be the property of Purchaser. (b) Purchaser’s Election to Rebuild. If Purchaser is not u^efault under this Contract, or after curing any such default, and if the mortgagees in any prior mortgages and sellers in any prior com^pcts for deed do not require otherwise. Purchaser may elect to have that portion of such insurance proceeds necessary to repair, replace, or restore the damaged Property (the “Repairs") deposited in escrow with a bank or title insurance company qualified do business in the State of Minnesota, or such other party as may be mutually agreeable to Seller and Purchaser. The election rftay orv^e made by written notice to Seller within sixty (60) days after the damage occurs. Also, the election will only be permit!^ n th^lans and specifications and contracts for the Repairs are approved by Seller, which approval Seller shall not unreasonably vjrkftold oVdelay. If such a permitted election is made by Purchaser, Seller and Purchaser shall jointly deposit, when paid, such insurance proc^ds into such escrow. If such insurance proceeds are insufficient for the Repairs, Purchaser shall, before the commencement of the R^irs, deposit into such esaow sufficient additional money to insure the full payment for the Repairs. Even if the insurance proceeds are unavailable or are insufficient to pay the cost of the Repairs, Purchaser shall at all times be responsible to pay the full cost of the Repairs. All escrowed funds shall be disbursed by the Otter Tail County, Minnesota 1209537 3 of 7 Page 4 of 6 Minnesota Uniform Conveyancing Bianks Form 30.1.1 escrowee in accordance with generally accepted sound construction disbursement procedures. The costs incurred or to be incurred on account of such escrow shall be deposited by Purchaser into such escrow before the commencement of the Repairs. Purchaser shall complete the Repairs as soon as reasonably possible and in a good and workmanlike manner, and in any event the Repairs shall be completed by Purchaser within one (1) year after the damage occurs. If, following the completion of and payment for the Repairs, there remains any undisbursed escrow funds, such funds shall be applied to payment of the amounts payable by Purchaser under this Contract in accordance with paragraph 8(a) above. (c) Owners' Association. If the Property is subject to a recorded declaration, so long as the owners' association maintains a master or blanket policy of insurance against fire^i^ended coverage perils and such other hazards and in such amount as are required by this Contract, then; (i) Purchaser's oblig^or il(the Contract to maintain hazard insurance coverage on the Property is satisfied; (ii) the provisions of paragraph 8(a) A^he provisions of the declaration or other related documents\and (iii) in the event of a distribution of insurance proceeds in lieu of restoration or repair following an insured casualty loss to the Property, any such proceeds payable to Purchaser are hereby assigned and shall be paid to Seller for application to the sum secured by this Contract, with the excess, if any, paid to Purchaser. ; CVi ract regarding application of insurance proceeds shall be superseded by the 9. Injury or Damage Occurring on the Property. (a) Liability. Seller shall be free from liability and claims for damages by reason of injuries occurring on or after the date of this Contract to any person or persons or property while on or about the Property. Purchaser shall defend and indemnify Seller from all liability, loss, cost, and obligations, including reasonable attorneys' fees, on account of or arising out of any such injuries. However, Purchaser shall have no liability or obligation to Seller for such injuries which are caused by the negligence or intentional wrongful acts or omissions of Seller. (b) Liability Insurance. Purchaser shall, at Purchaser's own expense, procure and maintain iiability insurance against claims for bodily injury, death and property damage occun’ing on or about the Property in amounts reasonably satisfactory to Seller and naming Seller as an additional insured. i.10. Insurance Generally. The insurance which Purchaser is required to procure and maintain pursuant to paragraphs 7 and 9 of this Contract shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and acceptable to Seller. The insurance shall be maintained by Purchaser at all times while any amount remains unpaid under this Contract. The insurance policies shall provide for not less than ten (10) days written notice to Seller before cancellation, non-renewal, termination or change in coverage, and Purchaser shall deliver to Seller a duplicate original or certificate of such insurance policy or policies. 11. Condemnation. If all or any part of the Property is taken in condemnation proceedings instituted under power of eminent domain or is conveyed in lieu thereof under threat of condemnation, the money paid pursuant to such condemnation or conveyance in lieu thereof shall be applied to payment of the amounts payable by Purchaser under this Contract, even if such amounts are not then due to be paid. Such amounts shall be applied in the same manner as a prepayment as provided in paragraph 5 of this Contract. Such payments shall not postpone the due date of the installments to be paid pursuant to this Contract or change the amount of such installments. The balance, if any, shall be the property of Purchaser. 12. Waste, Repair, and Liens. Purchaser shall not remove or demolish any buildings, improvements, or fixtures now or later located on or a part of the Property, nor shall Purchaser commit or allow waste of the Property. Purchaser shall maintain the Property in good condition and repair. Purchaser shall not create or permit to accrue liens or adverse claims against the Property which constitute a lien or claim against Seller's interest in the Property. Purchaser shall pay to Seller all amounts, costs and expenses, including reasonable attorneys' fees, incurred by Seller to remove any such liens or adverse claims. 13. Compliance with Laws. Except for matters which Seller has created, suffered, or permitted to exist prior to the date of this Contract, Purchaser shall comply or cause compliance with all laws and regulations of any governmental authority which affect the Property or the manner of using or operating the same, and with all restrictive covenants, if any, affecting title to the Property or the use thereof. Otter Tail County, Minnesota 1209537 4 of 7 Page 5 of 6 Minnesota Uniform Conveyancing Bianks Form 30.1.1 14. Recording of Contract; Deed Tax. Purchaser shall, at Purchaser’s expense, record this Contract in the Office of the County Recorder or Registrar of Titles in the county in which the Property is located within four (4) months after the date hereof. Purchaser shall pay *sVvsiL hesA. To£ 15. Notice of Assignment. If either Seller or Purchaser assigns its interest in the Property, the assigning party shall promptly furnish a copy of such assignment to the non-assigning party. 16. Protection of Interests. If Purchaser fails to pay any sum of money required under the terms of this Contract or fails to perform any of the Purchaser’s obligations as set forth in this Contract, Seller may, at Seller’s option, pay the same or cause the same to be performed, or both, and the amounts so paid by Seller and the cost of such performance shall be payable at once, with interest at the rate stated in paragraph 4 of this Contract, as an additional amount due Seller under this Contract if there now exists, or if Seller hereafter creates, suffers or permits to accrue, any mortgage, contract for deed, lien or encumbrance against the Property which is not herein expressly assumed by Purchaser, and provided Purchaser is not in default under this Contract Seller shall timely pay all amounts due thereon, and if Seller fails to do so. Purchaser may, at Purchaser’s option, pay any such delinquent amounts or take any actions reasonably necessary to cure defaults thereunder and deduct the amounts so paid together with interest at the rate provided in this Contract from the payments next coming due under this Contract. 17. Defaults and Remedies. The time of perfonnance by Purchaser of the terms of this Contract is an essential part of this Contract. If Purchaser fails to timely perform any term of this Contract, Seller may. at Seller's option, elect to declare this Contract cancelled and terminated by notice to Purchaser in accordance with applicable law or elect any other remedy available at law or in equity. If Seller elects to terminate this Contract, all right, title, and interest acquired under this Contract by Purchaser shall then cease and terminate, and all improvements made upon the Property and all payments made by Purchaser pursuant to this Contract (including escrow payments, if any) shall belong to Seller as liquidated damages for breach of this Contract. Neither the extension of the time for payment of any sum of money to be paid hereunder nor any waiver by Seller of Seller’s rights to declare this Contract forfeited by reason of any breach shall in any manner affect Seller’s right to cancel this Contract because of defaults subsequently occurring, and no extension of time shall be valid unless agreed to in writing. After service of notice of default and failure to cure such default within the period allowed by law. Purchaser shall, upon demand, surrender possession of the Property to Seller, but Purchaser shall be entitled to possession of the Property until the expiration of such period. Failure by Seller to exercise one or more remedies available under this paragraph 17 shall not constitute a waiver of the right to exercise such remedy or remedies thereafter. 18. Binding Effect The terms of this Contract shall run with the land and bind the parties hereto and the successors in interest. 19. Headings. Headings of the paragraphs of this Contract are for convenience only and do not define, limit, or construe the contents of such paragraphs. 20. Additional Terms: Check here if 0^addendum to this Contract containing additional terms and conditions is attached hereto. Seller mm(signature) (signature) Otter Tail County, Minnesota 1209537 5 of 7 Page 6 of 6 Minnesota Uniform Conveyancing Blanks Form 30.1.1 0i^47u\Stale of Minnesota, County of '..byThis instrument was acknowledged before me on f (insert name and marital status of each Sailed th--DIANE M. HANSON IBS notary public-minnesota! My Commts^on Expires JAN. 31, 20201 I (signature of notarial officer)VP I^StA^h lUUrVL'-^^Title (and Rank):I My commission expires:(mdnth/day/yeai) state of Minnesota, County of on(v^l\t ^ Hi C^HlThis instrument was acknowledged before me on by (insert name end marital status of each Purchase^ <■ (signalbif of notarial officer) Title (and Rank): ♦'®l38teEJ. MARTINEZ ! NOTARY PUBLIC-MINNESOTA 1 My Commission B^lres JAN. 31 2022|A/o-tTu^ /t^U-c My commission expires: , (monthfdayfyearj TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: (insert legal name and residential or business address of Grantee) THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) '? NA ic-helVe-“^hs-feldi- RO. Box 5(f)7. 1103 /We s& ^Akl. 5fo5l4 Note: Failure to record this contract for deed may give other parties priority over Purchaser’s interest in the property. Otter Tail County, Minnesota 1209537 6 of 7 L.Afi-Kx ^ 2,0 ■“ \Y\l^ 0 to v\t> \\w^ ^uurc-V\GLbew- sVvclLI Imjlvi4- AA^e. p^pp^x4u \c^ *H\e.vw ^ (yoLwA- OuA.a oH,er pe,rsonHke- <iO^^ Vo KourvjV SCLxo pf2ope.r4t^ . 2.^ (W VACi-Vvmt, JiaircVvLse.r-skALl kuvd t»e\Oi/V^iirvy 4b e^r ^Jravvi 0Lw.v^ o4ke.r pe.rsoKt 4'k«-ru^vd 4to Kum aAjaca.v4: ^ro»p€-rt»^ ' 5) to VNb 'Vi wifi. S\rVLLl 4-V\Lr^ (XA^J. opC-a-piVo or Jourmi^g ovN. pvt>pfi.f4i^ pLircJkflLS.eA. ^) to 0lWv]^4iwvC^ “sUdulIA 4rW„ pUjrdWAS4.c sVav"^ o>,,*^<re^ Oa\A c4 loc^uiA Ad Akc- ^ AUe. SfiXlftr AKeij. ^r£d AVM AVn#jl^ IciCOLr OlU cr>s.ts udi*W\ Air^fidltfol j Av\A fldS6 tie.(wvbufsa. 4-k€_ 5d,lter 4k£- ualtte. oP ALL 4raas, Oro^rh^j AuoeJLlii/vcj5 Cll^cdu^l^lCJcWr s4ijtf>^'i 4Vv^A rwAij oe-!stroi^^ Of Aowr\rx(^e^ iv\ SOuiA A^trfc,* s') SWoitV^ AW- pULC(LWkS<ir v\i5V oAke.vi!_ Ad At\fiSe_ (x2AenAu»v\.s (V^refi. Akflj^ 4Ue.ir riijkA 46 SdiA * C7\^ Seiler eX^/^ PKdk/fesar i(^h|i^ ^icdce.^>Qeb_ 9WtCcjvyjn^ O"^ ^ ^rat I AUBREEJ. MARTINEZ I NOTARY PUBLIC-MINNESOTA 2P2? t Otter 1^ SITE PLAN KEYNOTES Hole Number |Note DesCfiptior kacMTcciUHt • cONSTaoc'WH SI7“ l9'<rE 173.68’ ♦/-o- EXISTIN BOATH IGi OUSE REVISION SCHEDULEDATE NO. DESCRIPTION S.I.Z UNE S z DRIVEWAY BOATHOUSE)ECK^ > T <,• iXs oo <o 0i Ss s 3 OI zgo□s eXHooU. 3 75 - O' o -H l-o173.86'♦/- N17* 20’47^V)z zoo CO 1 A A Q- 5yQ o ^BUILDING/ LOT STATISTICS (LAKESIDE LOT) z2 U £ d u- I5 551S Z g 8,680 SFTOTAL LOT AREA: ALLOWABLE IMPERVIOUS SURFACE AREA (25%): EXISTING CABIN FOOTPRINT: DRIVEWAY/ WALKING PATH: BITUMINOUS: DECK: BOATHOUSE AND DECK: 2,170SF 1,729 SF 813SF 37 SF 483 SF 427 SF i O ^ \aos^EXISTING SITE i"= tff^r PROJECT PHASE PROJECT PHASE PROJECTDATE 08.16.2022 22056 1 3,489 SF (40.2%)TOTAL IMPERVIOUS SURFACE AREA:EXISTING SITE PLAN3S A050§ I SITE PLAN KEYNOTES Note Number |Note Pe^cTlction S17* I9’41"E 173 68' «/-o- :wiynNGU.'aOATHOUSE ay-cr tr " ” ■ KEVISION SCHEDULE ■r"■ -‘-.W (.DATE NO. DESCRIPTIONTIsEXISTING CABIN FOOTPRINT z i BOATHOUSE'DECK^v^ 4^4r">• ,5S.I2LINE I I<s oo I I <o a U-1'“'g. s ■ S 3 75'i-cr o-4-J ^1 i6'-cr t I□sSTOOP z_____I SEPTIC PUMP O2 OO u. 3 () 173.86' N17' 20'47~Wi DCHoV)Zz oo Z Sto . -oIT) CP I< a A A 0-u ^BUILDING/ LOT STATISTICS (LAKESIDE LOT)5■ yQ8,680 SFTOTAL LOT AREA: ALLOWABLE IMPERVIOUS SURFACE AREA (25%): PROPOSED CABIN FOOTPRINT DRIVEWAY/ WALKING PATH: DECK: ^ a iit;z2,170SF 1,728 SF 240 SF 197SF 2 lU £ d u- I5isls Z si O ^\A05W PROPOSED SITE 2,165SFTOTAL IMPERVIOUS SURFACE AREA:S-l"= 10'.(r PROJECT PHASEPROJECT PHASE427 SFEXISTING BOATHOUSE & DECK: 2,592 SF (29.9%)TOTAL IMPERVIOUS SURFACE AREA:PROJECT 08.16.2022 22056 DATE I PROPOSED SITE PLAN25 A051sS s • I 6 CERTIFICATE OF SURVEY LOT 9 SECOND ADDITION TO BROADWATER BEACH SECTION 7, TOWNSHIP 137, RANGE 42 OTTER TAIL COUNTY, MINNESOTA § I /r\ LX/ VLy I 8 /I / / /ILj/-\\LyX fci S LEGEND) O IRON MONUMENT SET AND MARKE WITH LAND SURVEYOR NO. S4139 • IRON MONUMENT POUNDA <S) WELL/- 9 SEPTIC CLEAN OUT/SIGN f r\T- /y L.K^ I d.I $MAILBOX O UGHT POLE v9 UTILITY PEDESTAL E6B ELECTRICAL OUTIXT 0 DEODUOUS TREE H CONIFEROUS TREE [T v: v] BITUMINOUS SURFACE CZ'3 CONCRETE SURFACE C ~ 3 DECK a / rr rr a //-\L^L^f / / L// V $I 1$B I Scale in Feel/BUaONC \\;$_______E: •: Ui -i jj 00' ROW u- • “ •• • • •:«Hi OF wayTT:$/BASIS OF BEARINGS: ARINGS SHOWN HEREON ~ _iAS£D ON THE OTTER TAI_ COUNTY COORDINATE SYSTEM $^B ARE<iL$5 r ^ ^ j LANDSCAPED SURFACE ----------- a* ------------ OVERHEAD PO»CR UNE -------------- f ------------- underground fiber UNE -------------- 6 ------------- underground GAS UNE ................................ SETBACK UNE ;I I !!\///' ***;—,J7.5'//Ill»I©sa /y CORNER^ OF tor 9 %S17n9’4rE ;173.68’±■y\. !-rioi tI. •»i nLJL . L-/ F V / d-SETBACK UNES SHOWN ARE: 75' FROM OMW 10’ FROM SIDE LOT UNES 20' FROM ROAD R/W FMSTIWG IUPFR\4<^l^ i tSKD CONCRETE 813 SO. FT. BITUMINOUS 37 SO- FT. HOUSE 1.729 SO, FT. SHED 166 SO. FT. DECK 744 SO. FT. TOTAL: 3,489 SO. FT. LOT AREA: 8,680 SO. FT. X COVERAGE EXISTING: 40.20 AREA IN SZ: 1.870 SO. FT. CONCRETE 183 SO. FT.SHL.DECK TOTAL X COVERAGE IN SlZ: 32.62 /IV/li ;■t > Cl g ;i•tI ?$;9CHI UNC SETBACK*^11®S \ I/,nO):X iI/-?m I /,1 S I Z UNE-\H /r N /NCR ED^OfilGWAl * PLATTED2 -< a.O |s!s uj i|*s s * r 166 SO. FT. 261 SO. FT.S . tH-V-V#.-*suRvcr UNC 610 SO. FT. li I111I• '»-/.5s»i£siis . :; ,r ' '• / -•■■■ S- •r 5CLin1IKJ.;I1EIj2ii?;$r-1 )'VICINITY MAPtN'i J;'•. r SECTION 7-137-42--Al-j--37.5-y ■ ^ —r VrlYL»tf-^ 'OF LOT 9 \ ///STLY CORNER, ■!■ io.3o:' -'.j, -\4 r 1\ /:f N17'20’47"W 173.86’± t57I y i-.JI lil \ riV-Jihqsi'v-; :i t1©'>. — r~/^-r t ' t. L/ / i/:l;/I/' //A PELICAN LAKE I r IIII/I J/Is\\\\Vs\VCv'\?/I I■•ci$I st I:|$\;|5 151 %\ I70I \dUlOfNC \i / I A //O /^fT^C' ' ¥}/I s \I \ S^\\VX\VV^4VV.N.V\VVVV^\VNNVVVN>^nNVVXVXN.vS r- A /•>L-lc./-\x^n/ / 1 CERTIFICATE OF SURVEYnA SURVEYED PROPERTY ADDRESS: RYAN A MICHELif TONSFELDT 21A55 BROADWATER DRIVE PEUCAN RAPIDS. MN 56309 CUEMT; ^1 / P.O BOX M2 BARNESVILLE, MN S«5144>562 < I ■< tO'x1 Z'mooreI<;0-engineering, incrNCAContuKIng EngInMrIng • Land Surv«ylr>g E 34' 1 B AVB'H.N . I it.i CERTIFICATION I h«r«by c*rtify thot this Survey, specIRcotlon, plon or report «os prepared by me or under my dlr^t supervision ond thot I om a duly Licensed Lortd SiH^yor under the laws of the State of Uirtnesota. PROJECT NO.22702DRAWN ON; DRAWN BY: CHECKED BY: PROJECT MANAGER: FIELD BOOK:PAGE; DATE OF FIELDWORK; 07.12.22 REVISED:_________________________- 07.14.22 I hereby certify that the eubdivided properly in this survey meets the County requXements for pi^ic rood access and sewage treotment syst d«scrfe»cd LFB AJSems.CDH V-101252 Aaron Shettum, MInnesoto License No. 54139 3 Property Owner Dote Dote signed: July 2Q. 2022 SHEET 1 OF 1