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HomeMy WebLinkAboutRose Shores Campground_32000080057002_Conditional Use Permits_06-19-199680S5S3 (p-n-* Office of Couniy Recorder County of Otter Tail I hereby certify that the within instrument was filed for record in this office on the 23rrf day of A.D. 19 R7 at and was duly Microfilmed as Doc.# ^Q.fL)l riW ^ . County Recorder APPLICATION FOR CONDITIONAL USE PERMIT Otter Tail County Fergus Falls, Minnesota 56537 (218) 739-2271 Receipt No. Application Fee$___^t>,OD — Please Complete With Black Ink —Ul M4((_0epuly Ai2>-R^4'4^5\/ul('eLch\Phone:Owner: First MiddleLast Name f?/? 3 frtCK^-e. Zip No.City StateStreet & No. 5^^lc-3lcO Lake ClassLake NameLake No. ^0£m Twp, NameRangeSec.Twp. RO !?d!tLegal Description: <g isn I/O lO.CC ^ & L- ^ ^LY f/iOV.44 * £■. Of FolL. ^ 'BF-^ OAl 5lY 1?/*^ SlS.12 t- dF u) U^CaL9,sF /5?.7 Fire # or Lake ID # Parcel Number /-fc 6UAJl’CudAmal‘o/^p^J/ £k,<lL cA SM-<. ^ cOlcoc«} EXPLAIN YOUR REQUEST: k)ju OAJL a-/ Q-i yOjL^tju ICp {rr> ViLl (xAricturn ^ ^iLlloQ lp~U^xX> yoda VruOia.'XfX u)^ uj-&xjuijoi. oMiA mJu: •' OlLcxo ^^Mkoouit_ '-h o.'C^c/Tr)cdrLct(_^ -yiaJj , QUA- U7C In order to properly evaluate the situation, please provide as much supplementary information as possibie, such as: maps, plans, information about sur­ rounding property, etc. APPLICANT SHALL BE PRESENT ATTHE SCHEDULED HEARING. I understand that approval of this request applies only to the use of the land. Any construction also requires a site permit. X ArvO \luiuJLcJ^19 9^/5Application dated Signature Of Applicant - DO NOT USE SPACE BELOW - 0o..-1iC 9'oo P.u19 ■Time:Date of hearing: Planning Commision recommendation as follows: Approved With Conditions - see attached copy of minutes. /■ Chairmen The County Board of Commissioners motion as follows: Approved as recommended by the Planning Commission. Chairmen Date Conditional Use Permit issued in accordance with compliance with existing Conditional Requirements and Special Regulations and yd>3 day ofMinnesota Commissioner of Natural Resources notified this 5i<irCONDITIONAL USE PERMIT NO.. Land & Resource Management Official Otter Tail County, Minnesota mailed copy of Application to Applicant.(Dbte/lnitial) BK 0795-006 277.204 • Victor Lundeen Co.. Printers ■ Fergus Falls. Minneosia OTTER TAIL COUNTY Conditional Use Permit CVPtlEm ^ OfthfiCL Vuit€,uct^ (Rl>SC Say, 5'8'V F/ZA1£/S mh) OWNER'S NAME: Address LiOCSttlOni Lake No^2?^Sec..2_Twp./12_Range_4f_Twp. Name ^(S/9€r pr af Cl 1 Issuedj^/^3_19 , Expires Work Authorized^o^_i IE^i^TC /9/n Ci^rnfStirSTO BY: NOTE: This card shall be placed in a conspicous place not more than 4 feet above grade on the premises on which work is to be done, and shall be maintained there until completion of such work. NOTIFY DEPARTMENT OF LAND AND RESOURCE MANAGEMENT, TELEPHONE (218) 739-2271 WHEN AUTHORIZED WORK HAS BEEN COMPLETED. OTTER TAIL COUNTY, MINNESOTA Board of County Commissioners ADMINISTRATOR, Land and Resource Management 1. Earthmoving shall be done between 2. Entire area shall be stabilized within 10 days of the completion of any earthmoving. 3. Owner is legally responsible for all surface water drainage that may occur. 4. No fill shall enter or be taken from the beds of a public water without a valid permit from the State of Minnesota Department of Natural Resources. 5. If the terms of this permit are violated the entire permit may be revoked and the owner may be subject & I 4m ImmmI MM. .4:mm OTTER TAIL COUNTY ATTORNEY Courthouse Fergus Falls, Minnesota 56537 (218)739-2271 FAX(218)739-4983 Waldemar B. Senyk Assistants: David J. Hauser Barbara R. Hanson Karen A. Cooper Kurt A. Mortenson Investigator: J. Allan Anderson April 11, 1997 Charles Krekelberg, Esq. ION. Broadway Pelican Rapids, MN 56572 Re: Daniel Vukelich Covenant Dear Chuck: Enclosed is a revised form of the Covenant regarding Daniel and DeAnn Vukelich. If it is acceptable, please attach a more legible copy of Exhibit A. Exhibits D has been attached. Exhibit C cannot be completed until this Covenant is executed and recorded. Please review this and give me a call to let me know what you think. Sincerely, Waldemar B. Senyk WBS/mk Enc. cc: Bill Kalar COVENANT This Covenant is made this Vukelich and DeAnn E. Vukelich, husband and wife, and the County of Otter Tail, a political and corporate subdivision of the State of Minnesota. day of , 1997, by and between Daniel A. WHEREAS, Daniel A. Vukelich and DeAnn E. Vukelich are the purchasers of real estate located in Otter Tail County described on Exhibit A pursuant to Contract for Deed dated February 28,1997, and filed for the record in the Office of the Otter Tail County Recorder, Otter Tail County, Minnesota, on March 5, 1997, as Document No. 054622; and WHEREAS, Daniel A. Vukelich and DeAnn E. Vukelich, husband and wife, are also the purchasers of real estate located in Otter Tail County, Minnesota, described on Exhibit B pursuant to Contract for Deed dated April 2, 1992, and filed for the record in the Office of the County Recorder, Otter Tail County, Minnesota, on April 6, 1992, as Document No. 726668; and WHEREAS, Daniel A. Vukelich and DeAnn E. Vukelich operate a recreational park on real estate described on Exhibit B; and have applied for and obtained a conditional use permit and a variance to expand said recreational park on conditions, one of which is that the real estate described on Exhibit A be attached to the real estate described on Exhibit B, as one parcel dedicated to exclusive use for the recreational park. NOW, THEREFORE, Daniel A. Vukelich and DeArm E. Vukelich do hereby covenant and agree that so long as they operate a recreational park as permittee under the conditional use ________, attached hereto as Exhibit C, and the variance dated , attached hereto as Exhibit D, allowing expansion of the recreational park they operate on the real estate described as Exhibit B, the real estate described on Exhibit A shall be joined to the real estate described on Exhibit B and may not be transferred, conveyed or severed in any fashion separate fi-om the real estate described on Exhibit B. permit dated FURTHERMORE, Daniel A. Vukelich and DeAnn E. Vukelich do hereby covenant and agree that when they become the fee owners of the real estate described on Exhibit A and Exhibit B, the real estate described on Exhibit A and Exhibit B shall be attached to one another, as a single tax parcel. FURTHERMORE, Daniel A. Vukelich and DeAnn E. Vukelich do hereby covenant and agree that so long as they operate a recreational park on the real property described in Exhibits A and B, the entire parcels shall be dedicated exclusively to the use of the recreational park. FURTHERMORE, Daniel A. Vukelich and DeAnn E. Vukelich do hereby covenant and agree that the Conditional Use Permit attached hereto as Exhibit C and the Variance attached hereto as Exhibit D were issued by Otter Tail County on the condition that they duly record this Covenant and abide by it, and that if they, their successors or assigns, violate the terms of this agreement, the Conditional Use Permit attached hereto as Exhibit C will be revoked and rendered null and void. Dated: Daniel A. Vukelich Dated: DeAnn E. Vukelich STATE OF MINNESOTA ) )ss. COUNTY OF OTTER TAIL ) The foregoing instrument was acknowledged before me this 1997, by Daniel A. Vukelich and DeAim E. Vukelich, husband and wife. day of Notary Public Dated;OTTER TAIL COUNTY By. ATTEST:Andy Lindquist, Chairman Clerk This document drafted by: Waldemar B. Senyk Otter Tail County Attorney Courthouse Fergus Falls, MN 56537 218/739-2271, Ext. 200 EXHIBIT A Lee c, ehae pare of Gevereme e Quarea p 137 North, Range 4 e.i Principal Meridian in. Ceeer Tail Ccuncy, M: ed ae fcllcv/s : i: -l-Tha of Go ver :e of a Lee 9,e n:a-Q:the Scothwese G MeSt of a the Nor'a.tneas 3, Tcv/na c Quarter all in Sect: the ? descr r -.eacta, ' .Comnen a: a feunn r, 53 Iccaned c line, of sai- P.d3 Nee- - ^ ,t v/hich designatea Meende shore of n IT;~e the ves:ner No. the south mnutes 2c se r. ose :.a.ee ano n 3; thence Sou degrees 53 along cecti' 77.40 assured oeari c to a found irrn rr.onur.ent; :S 53 minutes 23 seconds Vi’est of said Section 5 to a found es 32 minutes 35 seconds ee on ar • -~s S ^~ — c5 de-: te c sa' Vvthence contin: 235.5G feet al iron menume Souonrthe sort e North cr.g cn n. r“^ -- /552.07 a 25 minutes Qias ^ i r 25thence Sou to a found : monumen 95.33 of oeci 7;est 30.75 feet t a icuno f deore :z rS^ZZ m.'CTi,3 :i = 3 North point thmenu3 “ “se;porn “T r25 degr hereina ,*3^3 3 33 a _th 2 5o.n. —anca c ~ ^Nest 43.47^ ^es t cron3 “33 w 39 ne- da-grees_ :3• “ n*T.ir ioht of va--- monume seconds West “ n 03 T *i* Z^ 0/- :av;as“er J.V ■’’ence No ale d C:State.Aid - - :n feescarrnv.-e'.•/Ivf £33ZCr.d3 the -f..-ester.mtnut s-_oc.ast > —• -s .ty State Aid Highway 3T; toes 31 seconds "Nest 13 9.21 35 degrees 44 mi 4 -4;—way line rth 25 dee salt —thence No :•r.cCUnn.I . _1 -tds WeSt. 3 39.5 f ound onence 3 99.30 na~ z. ^ ~ nos 7iestseS Cl ice S c 0 n f eet .minut .c .cOtt deorees■n -c decrees'45g:r...a'd3 ^monume. .to a found iron monument; ids West or South nds'.'/.'est 529. ng‘South. 00 degrees 43 minutes.; ; thence c 5 2c , s e c :_.:C ;sacap-ca .ccr.z 134.24 feet to a f-,. -iron tumeT r 15 f i c 3 n .GO degrees 43 minut- to the o'/ater's edge the '.vater's etge of ess, more or heaste ees / _y a_cng n ■•-•tth a ____~ ^ M u. n. -to.the interseotic 14 mi Lah dsate h, bears South 2 ' of se es 31 seteeorees degreesNcrt— d — 3 0 feet, m.c e oo enc dnecm d ss,;to a fo3 or 1es .32 .seconds N'reso ron 5 214 mindecrees'thence- co - d c :333,rt t of beginning. . more.' crvless seccnds’ll/est esori-hed- tract^c ne-. aoeve.5 4. f-s acres f ■4 - --1 .!unty State and act onwav ■Sle-J —:v...ro .a iGo.C': h f v/ay easament 1C :W1 car- cf 0 . Cj r-d “ * d.3 d~ d.* .* d • *— 1 J■ sai dtccesort.n *•"— d d ’' 4. easem.e■Aid v;a'-‘4CcunNo .c t^ 71 terms d r d.renv/av 7 -llc'ws ;r 'oeso 63ioned Point A; thencevS-: West 249.13 feet;' ng . at the . af o ees' ^23 minutes t *re me 13 secen tnenced., G. •' scutnv;es-' cen -1 to the scutheas caving a nds a.nd a radiuserly cn a. of 15 daoraes 41 minutes 53 se ve concave a anoie (chord333.95 f ends Weso; earing e ■•.'.••es0erly a disoancafeet d d1143'. 92 tor/da-33aa3 C4-.see 1 ttne mao s.r ■^ --~.ntei'is-arii.ne c rr z a or s'noroenedshall be prolcnge terly lines of the above The sidel nes of sa.i to terminate cn the'easterly and wes ed tract. • . ' .cesc i ii: l "J. : 21 o 33J 6350 V S-AliljjlT B TIi.1t p;u). of Gavernincnl Lot 9 in Section 8, Township 137 Noifli, ILingo -ilO AVosi. of ilic Fiftii Principal Mciidiaj’i in Otter Tail County, Minnesota, wltich lies SoiUhcvly of the Southerly right of way line of County State Aid Highway No. 4 as said Comity Stale Aid .Higlitvay N(\ 4 is located ami cstahlishcd on March 20, i992, and which lies Ea.stcrly of the lollov/ing described line: Commencing at a found iron luoiunneut whicii designates Meander Corner No. 6(> on the SouUi line of s.aid Section 8 and on the Westerly .siiorc of Rose Lake; Ihenco South 89 degrees 55 minutes 28 .seconds West 77.40 feet along the .South line of saitl Scctiotv 8 to found iion tnonuuienl; tlienec conliiiidng South 89 degrees 55 miimtcs 28 seconds West 239.30 feet along the South line of said .S'-ciimi 8 to a found iioM inoiuimeiu; tltencc North 49 degrees 32 mimties 38 seconds La.st 2.062.07 feet to a found iron monument, said point i.s the point of beginning of the line to be described; thence South 26 degrees 26 minutes 39 seconds East 99.23 feet to a found iron inonuinem; thence South 23 degrec.s 14 minutes .52 .seconds East 34,62 feel to a found iron monumeai: thence continuing South 25 degrcc.s 14 minnlcs 52 sccnnd.s Ea.sl 30 feet, more or less, to the water's (■(Ige ol’ said INjso. Lake and said line ilicrc terminates. . 805585 COVENANT rdThis Covenant is made this day of Vukelich and DeAnn E. Vukelich, husband and wife, and the County of Otter Tail, a political and corporate subdivision of the State of Minnesota. , 1997, by and between Daniel A. WHEREAS, Daniel A. Vukelich and DeAnn E. Vukelich are the purchasers of real estate located in Otter Tail County described on Exhibit A pursuant to Contract for Deed dated February 28, 1997, and filed for the record in the Office of the Otter Tail County Recorder, Otter Tail County, Minnesota, on March 5, 1997, as Document No. 054622; and WHEREAS, Daniel A. Vukelich and DeAnn E. Vukelich, husband and wife, are also the purchasers of real estate located in Otter Tail County, Minnesota, described on Exhibit B pursuant to Contract for Deed dated April 2, 1992, and filed for the record in the Office of the County Recorder, Otter Tail County, Minnesota, on April 6, 1992, as Document No. 726668; and WHEREAS, Daniel A. Vukelich and DeAnn E. Vukelich operate a recreational park on real estate described on Exhibit B; and have applied for and obtained a conditional use permit and a variance to expand said recreational park on conditions, one of which is that the real estate described on Exhibit A be attached to the real estate described on Exhibit B, as one parcel dedicated to exclusive use for the recreational park. NOW, THEREFORE, Daniel A. Vukelich and DeAnn E. Vukelich do hereby covenant and agree that so long as they operate a recreational park as permittee under the conditional use pennit dated' attached hereto as Exhibit C, and the variance dated . /W; _____, attached hereto as Exhibit D, allowing expansion of the recreational pari they operate on the real estate described as Exhibit B, the real estate described on Exhibit A shall be joined to the real estate described on Exhibit B and may not be transferred, conveyed or severed in any fashion separate from the real estate described on Exhibit B. FURTHERMORE, Daniel A. Vukelich and DeAnn E. Vukelich do hereby covenant and agree that when they become the fee owners of the real estate described on Exhibit A and Exhibit B, the real estate described on Exhibit A and Exhibit B shall be attached to one another, as a single tax parcel. FURTHERMORE, Daniel A. Vukelich and DeAnn E. Vukelich do hereby covenant and agree that so long as they operate a recreational park on the real property described in Exhibits A and B, the entire parcels shall be dedicated exclusively to the use of the recreational park. FURTHERMORE, Daniel A. Vukelich and DeAnn E. Vukelich do hereby covenant and agree that the Conditional Use Permit attached hereto as Exhibit C and the Variance attached hereto as Exhibit D were issued by Otter Tail County on the condition that they duly record this Covenant and abide by it, and that if they, their successors or assigns, violate the terms of this agreement, the Conditional Use Permit attached hereto as Exhibit C will be revoked and rendered null and void. Dated: Daniel A. Vukelich Dated: DeAnn E. Vukelich STATE OF MINNESOTA ) )ss. COUNTY OF OTTER TAIL ) The foregoing instrument was acknowledged before me this 1997, by Daniel A. Vukelich and DeAim E. Vukelich, husband and wife. n ottertailcounty i I Nmary Public “ Dated:OTTER TAIL COUNTY By. Andy Lindquist, ChairmanATTEST: yy)^ - Clerk 73^ This document drafted by: WaldemarB. Senyk Otter Tail County Attorney Courthouse Fergus Falls, MN 56537 218/739-2271, Ext. 200 r. EXHIBIT A That part of Govern~ = ~t Lot 8, that part of Goverr.riient Lot 9, and that part of the Northeast Quarter of the Southwest Quarter ail in Section 3, Tcv/nship 137 North, Ranee 40 West of the Fifoh Principal Meridian in Otter Tail County, Minnesota, described as follows: a found iron monument which designates Meander Corner No. 6= located on the west shore of P.cse Lake 'and-cn the scuch line of said Section .3; thence South 55 degrees 55 minutes 2-5 seconds West 77.40 feet on an assumed-bearing-along the south line of said Section 8 to a found iron monument ; thence continuing South 8 5'degrees 55 minutes 26 .seconds West 239.80 feet along the south line of said Section 8 to a found iron monument; thence North 45 degrees 32 minutes 33 seconds East 2052.07 feet to- a found iron monument;, thence Scuch 2S ' ""degrees 25 minutes 35 seconds East 99.23 feet to a found iron' ^ said point is .the point of beginning; thence Ncrch 25 degrees 25 minutes 35 seconds West 50.75 feet to a point hereinafter referred cc as Point A; thence continuing North 26 seconds West 43.47 feet to a found iron Commen-cinc: at mcnument, degrees‘25 minutesi ‘ mcnument; thence continuing North 26 degrees '25 minutes 39 seconds West'1.53 feet to the northwesterly right of way .line,- of County State Aid Highway Nc. 4; thence North 53 decrees 25 minutes-'13 seconds East right cf thence North 25 decrees 34 minutes 51 374.74 feet along the ncrthv.-esterly way line of said -Cc-unty State Aid Highway Nc. 4 ; seconds West 135.21 feet to a found iron monument; thence South 3 5 degrees '44 . seconds West 335.52 feet to a found iron micnument ; continuing South 85 degrees 44 minutes 53 seconds West 355.30- a frond iron m.cnum.ent; thence South GC degrees 45 5 2 5.52 feet to a found iron m.c nutes hence ' feet to minutes 55 seconds West . thence continuing South 00 degrees 45- m.inutes 55 sect 134.24 feet to a found iron mcnument; thence ccntinui GO degrees 45 minutes 55 seconds West 15 feet, more -or ,_ess, to- the v/ater's edge of Rose Lake; thence ncrtheaster_y a_ong ■ '' the water's edge cf said R.cse Lake to tne intersecticn •.■•■oth a h bears South 25 de-grees 14 minutes .52 seccnis :iast North 25 degrees to a found i nument; ds West ■ South line w.14from the point cf beginning; thence utes 52 seconds West 30 feet, mere or less, monument; thence continuing North 25 degrees -14 minutes .52 seconds West 34.52 feet to the point cf beginn renm, The above ■ described tract contains /.I acres.m.c re cr TO a 100. OG, foot wide County State Aid Highway Ns. 4 over, under an-d across part cf the. abc"e centerline of said 100.0 0 feet -■.■'i-ce 4 richt cf v;ay easem.ent is ' S^JECT right of way easement described tract.- County State Aid chwa'/' Nc . described as follows: thence South 63 ence Ee-cinnincr at the afore m.entioned Point A; 245.13 feet;de-grees 2 5 Ciinutes 13 southwesterly cn a curve angle of 16 degrees 41 minutes 53 seconds and a ra-ciu.s for a~ distance cf 333.96 feet (chord bea, degrees 04 Ciinutes 16 seconds West) to tne v/ester_y the above tract and said centerline tnere term.in.ates. seconds West concave to the southeast,, ha a centra- cf 1145.92 feet, c r ,C •I-';Scur 1 ^ -line cfThe sidelines of said easement shall be prolonged or shortened to terminate cn the easterly and westerly lines of tne aoove described tract. .:: i »■' iLi 11!J.• w.'-L'J bi-bU !-A;ii.urr b '("nat parf. of Govcniinenl. Lot 9 ia Section 8, TownsJup 13/ Noifli, Ivaiigo ^10 A'/oia. of tiic Fiftli Principal Mciidian in Otter Tail (ionnty, MinncinHa. wliicii Iie.> SoiUlicviy of the SouMicrly riglit of way liiu- of (douniy Siaic Aivl lliidrsvay No. 4 as said Cuvuuy Slate Aid .nio.liv.a'.iy N(v 4 ir^ located ami ostablisiicd on Miucti 'iU, 1992, and which lies lla.slcrly of the (ollov/ji;;; described line: Couimcncin.a at a i'uuiid tron. mc't'ament vvliicit designates Meander Cocner Mo. (56 on the South iitio of said Scc.-ioit *i ntid on the Wcsidly siioic of Rose Lake; iJicncc Soutii 89 degrees 55 minutes 28 .seconds V/cst 77.40 feel along the. South lino cf said Section 8 to a foi.ind in.m monumcnl; thence continuing South 89 degrees .55 mijuMcs 28 seconds West 239.80 feet aioiig {he Soutii line of said S'-c!8 to a lomid hoii Tnoiuiinenl; tltencc North 49 degrees 32 ndnnies 38 sceoads liri.st 2062.(.V? feet to a iound iroti luo-numeiil, •saiil point i.s the point of beginning of tlie line to be described; thence .Sontli 26 dog.voes 26 minutes 39 seconds East 99,23 feet to a found iron inoiniincni; tliencc vSoutit 25 degree;: i4 minutes 52 second:-; East 34.62 feel to a found iron nionutncnt: tJicnce continuing South 25 degrees 14 minnto.s 52 seconds Ua.sl M) led, more or ics.s, to the \vater';: mtge of ';;dd i'ose Luke and said line tiicrc Icnninatcs, EXHIBIT C APPLICATION FOR CONDITIONAL USE PERMIT No. Otilce ol County Recorder County ol Otter Tail I hereby certify that the within Instrument was Tited for record in this office on the__ A.D. t9at and was duly Mlcronimed as Ooc.l Otter Tail County Fergus Falls, Minnesota 56537 (218) 739-2271 Peceipl.day ol County Recorder ______Deputy — PI&asQ Comp/ote With Black Ink — Thdr^nOwner:Phone: Last Name First Miadie l^R 3 Box:A/a) Street S No.City State Zip No.^OSg-^lo' BicOLake No.Lake Name Lake Class iioljdr'f'VoTwp. ISec.Range Twp. Name Mo ^6^Legal Description:g isn HO I0.OOm- &.L ^ lvwg slH ^o. fK)V. 41/ . E. oE Poll. ^ dH StV ■J?/u ^lS.ip t- r>F u) i//^e:gl9se isin Fire # or Lake ID # Parcel Number (-iO lUAEXPLAIN YOUR REQUEST:k)ju V/i oAthtAMT) trt n GUA. yCAJri:)judj^ jOUloQ HHU. OffAJHjaJ. Ax^Xj /(o in^ HA*- lf>4x.xX) uJTLa ^CndtaJdcJL /oxaUa-u UXt.- U)jL ixy&xjJLd (XtdJi S/o /o'Aix. ^ %xux_.d ^a!Ml^Occ<tt_ '/o AAL<ATrrT<l^x2LxXc^ In order to properly evaluate the situation, please provide as much supplementary Information as possible, such as: maps, plans. Information about sur­ rounding property. etc. APPLICANT SHALL BE PRESENT ATTHE SCHEDULED HEARING. I understand that approval of this request applies only to the use of the land. Any construction also requires a site permit. Ifl 94> X (^J! \/u}uJjicJl Application dated Signature Of Applicant - DO NOT USE SPACE BELOW - 0o.4!C /‘I ^■'00 P.NI19_£^Dale of hearing: Planning Commision recommendation as follows; Approved With Conditions - see attached copy of minutes. Time: / mChalrwen The County Board of Commissioners motion as follows; Approved as recommended by the Planning Commission.n Chairmen Date Conditional Use Permit issued in accordance with compliance with existing Conditional Requirements and Special Regulations and Afil .. 17 Land i Res^rn Manage Otter Tail County, Mii >3Minnesota Commissioner of Natural Resources notified this day of. 5iiirCONDITIONAL USE PERMIT NO..aJZ^.x\ ment Official nnesota mailed copy of Application to Applicant. BK 079B-006 ?T\?OA • Vifini liinflsei) to , Pflnlwi’ • rw«gr'lf*ll< Ml"’'*"**’ EXHIBIT C (Continued) Planning Commission June 19, 1996 Page 4 'A A Conditional Use Application to request the addition of 17 new sites (to o\ir existing 15 sites) on the second level of our property plus the approval of site 16 on the first level which was installed before we purchased the campground. We would also like to replace the existing driveway to 10' from the top of the bank. We would probably also need another bathhouse to accommodate the new sites. The property is described as Pt of Government Lot 9 of Section 8 of Bobart Township; Rose Lake (56-360), RD. DeAim & Daniel Vukelich, owners and Charles Krekelberg, Attorney represented the Application. A motion by Trites, second by Olson to approve the Application for a total of 25 dwelling units (this allows an additional 9 units onsite) subject to the following: 1) The Applicant secures a Variance from the Board of Adjustment to exceed the density requirement. 2) Storm Water Management Plans to be addressed by the Land & Resource Management Office. 3) The Otter Tail County Highway Engineer is to address'the access to County Hwy.#4. 4) The Purchase Agreement for the six acre tract is completed as proposed and attached to existing p^u:cel. The Commission determinedThe 25 dwelling units were arrived at as follows: that the entire 600' of water frontage should be used to determine the Therefore,allowable number of dwelling units based upon water frontage. 600' divided by 50' per dwelling unit > 12 units 12 + 18 units (allowable for existing water frontage) » 30 units 30 + 19 units (allowable per area - both existing and proposed purchase) » 49 units 49 units divided by 2 (average) ^ 24.5 approximately 25 units All members in favor except Bergerud, Barker and Zimmerman.Voting: / 797034 APPLICATION FOR VARIANCE\ iJ^ltfMfelSHyiasciinIfftfounlyofmerTall I hereby cerlity that the within Instrument was Tiled fciQecord In this olfice on Ihe day ofA.D. 19.f4_ al /O -45 and was duty Microfilmed as Doc.< 79 . JI tP^3 Otter Tail County Fergus Falls, Minnesota 56537 (218) 739-2271 Receipt No.!K14\ C/vm!^ XfNTV 0 County RKOider _____Deputy — Ploaso Complote With Black ink — (pS' ^ukAichOwner:Phone: Last Name lymid 5LS4iffray^.e.3 Boy ^g4 /Va^ Street a No.City State No. 3L,0 ~f^oS(!L L<k-k^ShLake No.Lake Name _ Lake Class j-/t>6cir^s.Twp. 13^1Sec,Range Twp. Name )4c ^oS'Legal Description:Fire No. or Lake ID #^ ‘7 HO 10.00 PT d.L. q ilV/A/C- SLV cpr U) 6L <t, SC (57-7 I Parcel Number rO0Lr>c( Scf^'^ SVARIANCE REQUESTED IS: fcr <^h- O-ppro^/tX.-I of'4^e 4 Oampq domrvii SS/oaJ. y In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans. Information about surrounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARiNG. I understand that I have applied for a variance from the requirements of the Shoreland Management Ordinance of Otter Tall County. 19 9L/yfApplication dated St'snafure Of Applicant 19 ■Date of hearing; _____ MOTION AS FOLLOWS: Motion was made by John Everts, seconded by Craig Anderson and unanimously carried, to approve the variance as requested based on the recommendations of the Planning Commission and subject to the applicants meeting the stipulations of the Planning Commission and to the purchase of the adjacent land. Time; Chairman Otter Tail County Board of Adiustment YES NOPermitis) from Land & Resource Management required: I I (Date/lnitiai)EXHIBIT Dmailed copy of Application to Applicant. BK 079B-001 djaf-JoOffice of County Rocorder County of OUar Tail I hereby cerlihy ih.?! iho within inslrumgffl for r^ni ift this OfllttM IHe . day of19^31 _o2^j&45^oc- find VMS duly Microfilmed ss Doc./^L_LjL—JL^ ’ ' I was filed \hl/^ Pe/4r)^ l/'uke^^ OTTER TAIL COUNTY DEPARTMENT OF PUBLIC HEALTH Main Office 121 West Junius Fergus Falls, MN 56537 218-739-2271 Fax 218-739-3721 Famiiy Health Office City Center Mall 220 West Cavour Fergus Falls, MN 56537 218-739-2606 Sub Office 118 North Main Box 99 New York Mills, MN 56567 218-385-3175 FAX 218-385-3852 7 March 1997 Mark C. Ronning, RS Env. Health Consultant to: Otter Tail County Public Health Dept. Co. Courthouse Fergus Falls, MN 56537I Mr. & Mrs Daniel Vukelich (Rose Shores Campground) RR3, Box 584 Frazee, MN 56544 .■ Dear Mr. & Mrs Vukelich, I In response,to your letter received 6 Mar 97, I am enclosing an instructional sheet (2 sided) and a package for plumbing plan submission. The water distribution, sewer lines, and septic system are all part of the plumbing plan. Please ensure that your plumbing contractor advises the MN Dept, of Health that OTC Land and Resource Management Office will approve the plans for and inspect the septic system when he submits his drawings to the State for approval. Do not forget to incorporate an RV "Dump Site" (drawing attached)- i ■ j ; You must understand that I cannot approve an increase in the number of your sites without Land & Resource Mgmt. Office approval. I would need a copy of the Planning Commission's authorization of a total of 24 RV sites if you were to add 9 to the present 15. Do you have this? Best wishes for your addition, and please contact me if you have any further questions prior to submission of your plans. Sincerely, /L Mark Ronning Copy to: Land & Resource Management Office Rose Shores RCA File Printed on Recycled Paper. ' 0 s ^337^ Rose Shores Campground Daniel and DeAnn Vukelich RR 3 Box 584 Frazee, MN 56544 218-334-4565 Dear Mark Ronning, We are in the process of making the plans to expand the campground by nine more RV units. We are considering drilling a well that would service our home and both the sixteen original sites and the nine new ones. We would like a letter from you informing us as to what we must do to keep this addition in code and legal. Thank you, Daniel and DeAnn Vukelich Planning Commission June 19, 1996 Page 4 PwAnn a Daniel Vukelich/Rose Shores Campground -Approved With Conditionsi A Conditional Use Application to request the addition of 17 new sites (to our existing 15 sites) on the second level of our property plus the approval of site 16 on the first level which was installed before we purchased the campground. We would also like to replace the existing driveway to 10' from the top of the bank. We would probably also need another bathhouse to accommodate the new sites. The property is described as Pt of Government Lot 9 of Section 8 of Hobart Township; Rose Lake (56-360), RD. DeAnn & Daniel Vukelich, owners and Charles Krekelberg, Attorney represented the Application. A motion by Trites, second by Olson to approve the Application for a total of 25 dwelling units (this allows an additional 9 units onsite) subject to the following; 1) The Applicant secures a Variance from the Board of Adjustment to exceed the density requirement. 2) Storm Water Management Plans to be addressed by the Land & Resource Management Office. 3) The Otter Tail County Highway Engineer is to address the access to County Hwy.#4. 4) The Purchase Agreement for the six acre tract is completed as proposed and attached to existing parcel. The 25 dwelling units were arrived at as follows: The Commission determined that the entire 600' of water frontage should be used to determine the allowable number of dwelling units based upon water frontage. Therefore, 600' divided by 50' per dwelling unit <■ 12 units 12 + 18 units (allowable for existing water frontage) > 30 units 30 + 19 units (allowable per area - both existing and proposed purchase) =* 49 units 49 units divided by 2 (average) > 24.5 approximately 25 units Voting; All members in favor except Bergerud, Harker and Zimmerman. Thomas & Joanne Stich/Comer Store - Approved; A Conditional Use Application requesting to change the current single 2-hose gas dispenser system with two 1,000 gallon tanks to three 2-hose dispensing system with one 6,000 gallon 2-compartment tank. This new system will meet upcoming regulations for gasoline tanks. This pump area will be a safer system as the current pump is located in front of the store creating a bottleneck for customers and a traffic hazard for the road. The property is described as Sublot 1 of Gov. Lot 4 & Sublots 2 & 3 of Gov. Lot 4 of Section 32 of Itoior Township; Otter Tail Lake (56-242), GD. Greg and Joanne Stich represented the Application. A motion by Lachowitzer, second by Bergerud to approve the Application as requested. It was noted that the Application has been reviewed by the Otter Tail County Highway Engineer whose recommendations will be followed. The Applicant was granted a Variance by the Board Of Adjustment at their June 13, 1996 Meeting. Voting; All members in favor. y—\ CONTINGENCY REMOVAL The undersigned hereby agree to remove the contingencies relating to the property at ^_____/o.^<3- f-y-cy <A/, ^ V _________ as stated in a Purchase Agreement dated between ^ A ,Ql/Lc^<C /^,19 9^ _(Buyers) and _(Sellers). CONTINGENCIES REMOVED: y'^. ^ J?.. ^__JLC-1. 2. c?y fyu—^ ^Q^-cn-y-y> 3.ry y9^ •:Z^ey~r— a)-crd-it- All other provisions of the Purchase Agreement shall remain unchanged and buyers will close on Jt hated on the Purchase Aoreement. ^as 4)atb /^//s/k< Date Buyer ‘'An Ay)uM- Buyer SEARCH REALTY, INC. CONTINGENCY ADDENDUM119 Pioneer Street Detroit Lakes, Minnesota 56501 (218) 847-0355 This form approved by the Minnesota Association of REALTORS®, which disclams any liability arising out ^of use or misuse of this form.3- 7 9 9^ ^ ~ of realtor 1. Date 2. Page /Pages 9^/ - /?3. Addendum to Purchase Agreement dated pertaining to the purchase, 19. 4l<_3 yy-\^—4. and sale of the property at T 7 ^ HOUR CONTINGENCY5. 6. This agreement iscontingent upon the Buyer entering into a valid purchase agreement for the sale of Buyer’s property 7. located at rso.se , A ft- ________________________________________________________ . •S’ g io7 *S/ , 19 9 ^ , which is listed or will immediately be listed with y 9. broker. In the event a'valid purchase agreement is not signed by the date mentioned, this agreement is null and void and 10. the earnest money will be refunded to Buyer. The Seller and the Seller’s agents shall have the right to continue to offer 11. the property for sale unless this contingency is removed. Seller may demand removal of this contingency at any time by 12. service of a written notice in the form as shown on the Request For Removal Of Contingency (forrti MN:RFR). If Buyer 13. does not remove this contingency as specified herein within 7hours of service of the written notice, this agreement 14. shall be null and void and the earnest money shall be refunded to Buyer. The hours shall start when the Request 15. for Removal of Contingency is served upon the selling agent or any licensee of the selling agent’s office. The agent upon whom 16. the written notice is served shall accept, date and time the notice. It is the selling company’s responsibility to deliver the17. papers to the Buyer for the Buyer’s immediate consideration. IN COMPUTING THE *7 ^ HOURS, THE PERIOD FROM 18. 12:01 A.M. SATURDAY THROUGH 12:01 A.M. MONDAY AND THE 24 HOUR PERIOD OF ANY NATIONAL HOLIDAY 19. SHALL BE EXCLUDED. Both Buyer and Seller agree to sign cancellation papers in the event the contingency is not removed. 8. on or before 20. To remove the contingency. Buyer shall serve upon the listing agent or any licensee of the listing agent’s office a Notice of 21. Intent to Remove Contingency, in the form as shown on the Request For Removal Of Contingency (form MN:RFR), within 22. the 7 hours. The agent upon whom the notice is served shall accept, date and time the notice. It is the listing 23. company’s responsibility to deliver the notice and accompanying documents to the Seller for the Seller’s immediate 24. consideration. The notice of intent to remove contingency must be accompanied by a true copy of a valid purchase agreement 25. for the sale of the Buyer’s property. To be valid, the purchase agreement must not be contingent upon anything other 26. than financing and must have a closing date not later than the closing date in this Purchase Agreement. 27. In the alternative, the Notice of Intent to Remove Contingency may be accompanied by written proof of the Buyer’s ability to 28. consummate this transaction without the sale of the Buyer’s property. Irrespective of such written proof that Buyer 29. may provide, the decision whether to accept or reject Buyer’s proof shall be solely that of the Seller. 30. If the Notice of Intent to Remove Contingency is accompanied by a valid purchase agreement, as specified above, the 31. Seller shall accept the removal of this contingency. If the Notice of Intent to Remove Contingency is accompanied by anything 32. other than a valid purchase agreement. Seller shall have 7 hours, from the time noted on the Notice of Intent to 33. Remove Contingency, within which to review the documentation and accept or reject the attempted removal of this contingency. 34. Unless the Seller specifically rejects, by so indicating on the form and delivering same to the listing agent or any licensee 35. of the listing agent’s office within the 9 ^~Tiour period, the contingency shall be deemed removed and the transaction 36. shall proceed accordingly. 37. In the event there is more than one Buyer or Seller, the parties agree that any one Buyer or Seller may sign the Request 38. for Removal of Contingency or the Notice of Intent to Remove Contingency. 39. OTHER: oio/ (BC^r) / (Dale) (Selling ^nt) (Date) (Setlihg Company Name) I THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 40.(Date) b'y-p-641.(Date)(Setter) , (Ustifw Agerio ~~ ~ y (Listing Company Name) ^ Q (Date) (3 - 7...43.(Date) 44. 45. 46. MN.-OJTG (594) SEARCH REALTY, IN(X 119 PIONEER STREET. fl O. BOX 1194 ■ DETROIT LAKES, MN 56502 VACANT LAND PURCHASE AGREEMENT ______________ 70. Date >w~T<-c 71. Page 2 of -3 jL Pages 72. REAL ESTATE TAXES shall be paid as follows: 73. Buyer shall pay, (grated from day of cjosln^ 12ths, all, none real estate taxes due and payable in the year 19 ^6 pay,(;^'pro^ed to day of closing 12ths, all, 75. In the event the closing date is changed, the real tavACi pj^irt gha|| if prorated, be adjusted to the new closing derte. Seller warrants 76i taxes due and payable in the year 19 9 7___will be (NON-HOMESTEAD^Iassificalion. Seller agrees to pay Buyer at closing $ ~ 77. toward the non-homestead portion of the real estate taxes^ Buyer agrees to'p^ any remaining balance of non-homestead taxes when they become 7& due and payable. Neither Seller nor Agent(s) make any representation concerning the amount of subsequent real estate taxes. real estate taxes due and payable in the year 1974. Seiler shall none 79. SPECIAL ASSESSMENTS shall be paid as follows: ------------------------------------------------------------8Q BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING ^ELLER SHALL PAY ON DATE OF CLOSI^ all 81. installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. 82. BUYER SHALL ASSUI^ /|S^LER SHALL^W^n date of closing all other special assessments levied as of the date of closing. 83i BUYER SHALL ASSUME / SELLER^ffALL PROVIDE FOR PAYMENT OF special assignments pending zis of the date of closing for 84. improvements that have been ordered by the City Council or other assessing authorities. (Seller’s provision for payment shall be by payment into85. escrcw of two (2) times the estimated amount of the assessments, or less as required by Buy^s lender.) BUYER SHALL fW /^S|LLER SHAi i FAY 8a on date of closing any deferred real estate taxes (i.e. Green Acres, etc.) or special assessments payment of which is required as a result of 87. the closing of this sale. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special 88. assessments payable therewith and thereafter, the payment of which is not otherwise provided. 89. ACCEPTANCE: Buyer understands and agrees that this Purchase Agreement is sut^ect to acceptance by Seller in writing, /^ents are not liable 90. or responsible for any covenants, obligations or warranties made in this Purchase Agreement, except the agents are liable to return or account 91. for the earnest money. The delivery of all papers and monies shall be made at the listing broker’s office. 92. INSPECTION: Buyer has the right to inspect property prior to closing. 9a GENERAL WARRANTIES: SELLER WARRANTS THAT THE BUILDINGS, IF ANY, ARE ENTIRELY WITHIN THE BOUNDARY UNES OF THE 94. PROPERTY. SELLER WARRANTS THAT THERE IS A RIGHT OF ACCESS TO THE PROPERTY FROM A PUBLIC RIGHT OF WAY. THESE 95 WARRANTIES SHALL SURVIVE THE DELIVERY OF THE DEED OR CONTRACT FOR DEED. 95 SELLER WARRANTS THAT PRIOR TO THE CLOSING DATE PAYMENT IN FULL WILL HAVE BEEN MADE FOR ALL LABOR, MATERIALS, 97. MACHINERY, FIXTURES OR TOOLS FURNISHED WITHIN THE 120 DAYS IMMEDIATELY PRECEDING THE CLOSING DATE IN 98 CONNECTION WITH CONSTRUCTION, ALTERATION OR REPAIR OF ANY STRUCTURE ON OR IMPROVEMENT TO THE PROPERTY. 99. SELLER WARRANTS THAT SELLER HAS NOT RECEIVED ANY NOTICE FROM ANY GOVERNMENTAL AUTHORITY AS TO VIOLATION 10Q OF ANY LAW, ORDINANCE OR REGULATION. IF THE PROPERTY IS SUBJECT TO RESTRICTIVE COVENANTS, SELLER WARRANTS 101. THAT SELLER HAS NOT RECEIVED ANY NOTICE FROM ANY PERSON OR AUTHORITY AS TO A BREACH OF THE COVENANTS. ANY 102. NOTICES RECEIVED BY SELLER WILL BE PROVIDED TO BUYER IMMEDIATELY. 103 RISK OF LOSS: If there is any loss or damage to the property between the dale hereof arxd the date of closing, for any reason including fire, vandalism, 104. flood, earthquake or act of God, the risk of loss shall be on Seller. If the property is destroyed or substantially damaged before the dosing date, this 105 Purchase Agreement shall become null and void, at Buyer’s option, and earnest money shall be refunded to Buyer; Buyer and Seller agree to sign 106 cancellation of Purchase Agreement. 107. BUYER/SELLER ARBITRATION SYSTEM: 108 ANY CLAIM OR DEMAND OF SELLER(S), BUYER(S), BROKER(S) OR AGENT(S), lOa TO THE PHYSICAL CONDITION OF THE PROPERTY COVERED BY THIS OR ANY OF THEM, ARISING OUT OF OR RELATING PURCHASE AGREEMENT (INCLUDING WITHOUT 110 UMITATION CLAIMS OF FRAUD, MISREPRESENTATION, WARRANTY AND NEGLIGENCE), SHALL BE SETTLED BY ARBITRATION 111. IN ACCORDANCE WITH THE RULES, THEN IN EFFECT, ADOPTED BY THE AMERICAN ARBITRATION ASSOOATION AND THE 112. MINNESOTA ASSOCIATION OF REALTORS®. THIS IS A SEPARATE VOLUNTARY AGREEMENT BETWEEN THE PARTIES AND 113 BROKERS/AGENTS. FAILURE TO AGREE TO ARBITRATE DOES NOT AFFECT THE VALIDITY OF THIS PURCHASE AGREEMENT. 114. THIS' DISPUTE RESOLUTION SYSTEM IS ONLY ENFORCEABLE IF ALL PARTIES AND BROKERS/AGENTS HAVE AGREED TO 115 ARBITRATE AS ACKNOWLEDGED BY INITIALS BELOW. 116 BUYER(S)_ 117. DEFAULT: If title is marketable or is corrected as provided herein, and Buyer defaults in any of the agreements herein. Seller may terminate 118 this Purchase Agreement and payments made hereunder may be retained by Seller and Agent, as their respective interests m^ appear. This 119. prevision shall txX deprive either Buyer or Seller of the right to recover damages for a breach of this Agreement or of the right of specific perfomiance 120l of this ^reement, provided this Purchase ^reement is not tenninated, and further provided, as to specific perfonnarx», such action is commenced 121. within six months after such right of action arises. 122. TIME OF ESSENCE: Time is of the essence in this Purchase Agreement. 123 ENTIRE AGREEMENT: This Purchase Agreement, any attached exhibits and any addenda or amendments signed by the parties, shall constitute 124. the entire Agreement between Seller and Buyer, and supercedes any other written or oral agreements between Seller and Buyer. This Purchase 125 Agreement can be modified only in writing signed by Seller and Buyer. SELLER(S)LISTING BROKER/AGENT.SELLING BROKER/AGENT. n Io■5/v^'i /126 POSSESSION: Seller shall deliver possession of the property not later than 127. Ail interest, homeowner association dues, rents, fuel oil, liquid petroleum gas and all charges for city water, city sewer, electricity, and natural gas shall 128 be prorated between the parties as of i S 129 DEBRIS AND ALL PERSONAL PROPERTY NOT INCLUDED HEREIN from the property by possession data after closing. . Seller agrees to remove ALL LxD _<- SL STIPULATES HE OR SHE IS REPRESENTING136 AGENCY DISCLOSURE: (Selling Ag^) 131. THE jje sr IN THIS TRANSACTION. THE LISTING AGENT OR BROKER STIPULATES HE OR SHE IS 132. REPRESENTING THE SELLER IN THIS TRANSACTION. BUYER & SELLER INITIAL: Buyer(s) tW Seller(s) 133 I, the owner of the property, accept this agreement and 134. authorize the listing broker to withdraw said property from 135 the market, unless instructed otherwise in writing I agree to purchase the property for the price and on the terms and conditions set forth above. Jl- i/.,LLA (Burr’s SignaJure) . a. yukt^Lic^ Print^Name) j t * ljp-/o-9C’ (Dae)i: (Sells’s Printed Name) 137/ (Marita) Status)(Marital Status) 138 (Date)(Setter's Sigrtature)(Buyer’s Signature) .___________________ (Sdirrtn \JaXelici^ r A ! (Marital Status) (Buyer's Printed Name)J 'S~ 7 SELLING AGENT tWs is A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. (Date) fM^^al139.Status)(Soflor*B Printed Name) 140. DATE OF FINAL ACCEPTANCE 141. 142. MN: VLPA-2 (1/90) SEARCH REALTY, INC. REQUEST FOR REMOVAL OF CONTINGENCY119 Pioneer Street Detroit Lakes, Minnesota 56501 (218) 847-0355 realtor®This form approved by the Minnesota Association ot REALTORS', which disclaims any liability arising out ol use or misuse of this form. 1. To Buyer: 2. Demand is hereby made that the contingency in the Purchase Agreement dated 3. bet^en you and the undersigned Seller, relating to the sale of the Seller(s) propert/at 4. n ^ _____R"5 y. >rw7 ^ ^______________________________ 5. must be removed in accordance with the terms and conditions of the contingency Addendum within hours of the service y<D , 19,O 3 6. of this not^. Failure to remove the contingency within said time period shall render the Purchase Agreement null and void. f (Print Name) 1. Seller/Tj??^ iSignaturei 8. Seller; (Signafuro) (Print Name) 9. Selling Agent's Receipt: j ) 13 o A ^in 19^.^10. Dated:Time: ^lor^ure) I (Pnni Name) 11. Selling Agent or any licensee of the Selling Agent’s office;7<i NOTICE OF INTENT TO REMOVE CONTINGENCY 13. Seller js hereby notifi^ of Buyer’s intent to remove the 7 ^— hour contingency in the Purchase Agreement dated , 19 . for the Seller(s) property located at 12, ■OTa14. /— y'c, ^15. 16. Accompanying,this Notice of Intent to Remove Contingency is the following: (check one) 17. L j A copy of a valid Purchase Agreement for the Buyer(s) property located at ________ 18. with no contingencies other than financing and a closing date not later than the closing date in the subject Purchase19. 20.Agreement; or 21. u Written evidence, submitted for Seller’s review, as proof of Buyer’s ability to consummate the transaction without the sale of the Buyer(s) property located at.22. 23. 24. If a copy of a valid Purchase Agreement meeting the requirements of the contingency agreement is submitted, Seller shall 25. sign this notice and the contingency shall be removed. If other written evidence of Buyer’s ability to consummate the 26. transaction is^sabmitted, Seller shall have hours to examine said evidence and accept or reject the attempted removal. A. VoA(2/h.u27. Buyer: (Print Name) , hl/lnn \Lkelich iignature] 28. Buyer; (Print Name)(Signature) 29. Listing Agent’s Receipt: 30. Dated: I,a — I , 19_3Je_ Time: 07pk ^ r*. 13 (Print N^e) \Y\ CVu . ft M ' Signature) i 31. Listing Agent or any licensee of the Listing Agent’s office:f 32 SELLER(S^A^EPTA^/REJECTION: 33. Seller her^y accepts removal of the contingency. '-mohl/h I'JnJffAUD ’tint Name) Seller:34. (Siyrraiure) 35. Seller: (Print Name)(Signature) 36. f.' Seller hereby rejects removal of the contingency. Seller:37. (Print Name)(Signature) Seller;38. (Print Name)(Signature) 39. Listing Agent’ Receipt: y/Yl '/■3 19 Time;40. Dated: 41. Listing Agent or any licensee of the Listing Agent’s office: (Print Name)(Signature) THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 42, 43. 44. . MN.RFR (7/93) VACANT LAND PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS® Minnesota Association of REALTORS® disciaims any N^iiity arising out of use or misuse of this form. 1. Date T. 2. Page 1 of ^ ^Pages a RECEIVED OF A (TC ____________________________ 4. the sum of ^ ^0 Doilars (S ) & by CHECK^Cj^H-NOTE as earnest money to be deposited upon acceptance of PUfchase Agreement by all parties, on or before the next a business day after acceptance, In a trust account of listing broker but to be returned to 7. Seller. Said earnest rrxxiey is part payment for the purchase of the property located at; _ ) Buyer if Purchase Agreement is not accepted by - .T --------^----------- aa City of o IQ legally described as: _c County of State of Minnesota, 4*U. 11. 12. including the following property, iLany, owned ia personal property: A/ by Seller and located on said property; all garden bulbs, plants, shrubs and trees; arxl also the following Jl oLyvhich property SellM has this day gaigsd to sell to Buyer for the sum of;1& ^ Dollaife^// i|/ia which Buyer agrees J^pfUj^lfe^m^er; Earnest money of_$ ------o o-----------------------and $ / —^p. cash on or before date of closing, and the balance of ■»■■»« y- -0.pjJVb B^ia by financing in accordancfewrth the Attached financing arjden00m;/Li^;^ -7^ 7 ‘t'o ia Assumption ^^Contract for Conwg^^pnal Purchase Money Mo^age Other 2Q SPECIAL CONTINGENCIES: This Purchase Agreement is.^bject to the following contingencies and if the following contingencies checked below 21. cannot be satisfied or waived, in writing, by Buyer by y. this Purchase Agreement shall become null 22. arxd void and all earnest money shall tje refunded to the Su^r. BijyAfe a(jS Sellers agree to sign a carxellation of the Purchase Agreement 23i (Select appropriate options a-h) 24. □ BUYE^jf^ S^LER shall provide a certificate of sunrey of the property, at BUYEIgSELLER expense, not later than 14. all 2&19- 26^ (b) Buyer obtaining approval of cityAownship of proposed building plans and specificalions SELLER expense Buyer obtaining approval of cityAownship of proposed subdivision development plans at BUYEIg^j|^ S^^LLER expense Buyer obtaining approval of cityAownship for rezoning or use permits eif^YE^ SELLER Buyer obtaining at BUYE^j[^ SELLER expense, percolation tests which are acceptable to Buyer. lUYEI 27. □ (c) 2a &(d)expense 2a □ (e) Buyer obtaining at BUYE^ SELLER expense, soil tests which irrdicate that the property may be improved without extraordinary building methods or cost. 3Q □ (0 31. Buyer obtaining approval of building plans andfor specifications in accordance with any recorded subdivision covenants and approval of the architectural control committee 32. □ (g) 33 * ^*^-3 01 HER; ^- (y-K. Hcr^ 36 Seller’s expenses for these contingencies frf any) shall not exceed $37 Seller grarits permission of access to the prop^ for testing and surveying purposee 36 PLEASE NOTE: Buyer may incur add'rtional charges improving toe property ircluding but not lim'rted to: Hook-up and/or access charges, mun'rcjpal 3a charges, costs for sewer access, stubbing access, water access, park dedication, road access, utility connection and connecting curb cuts 4Q arxJ tree planting charges. 41.1b toe best of toe Seller’s knowledge there are no hazardous wastes, abandoned wells, or undergrourrd storage tante, except as herein noted. 42. SPECIAL WARRANTIES 43 —<7/''^_________ 34. □ (h) 35 j^^^Seller warrants that toe property rjescribed in this Purchase Agreement consists of ^U^RE FEET and is currently zoned ^ 44. Seller warrants that the property lg-'(^^^[^in toe designated 100 year flood plain area ive preferential lax treatment (i.a. Green Acres, eto.). 46 Attached are other addenda which are made a part of this Purchase Agreement. (Enter page or pages on line 2) 45 Seller warrants that the property DOES /I 47. DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a 46 in by spouse, if any, conveying marketable title, subject to: 46 (A) Building and zoning laws, ordinances, state and federal regulations; (B) Restrictions relating to use or improvement of the prop^ without effoctiva 50 forfeiture provisions; (Q Reservation of any mineral rights by the S^e of Minnesota; (D) Utility artd drainage easements vvhich do not interfere 51. with existing improvements; (E) Rights of tenants as follows (unless specified, not subject to tenancies): Warranty Deed joined 52. 53 (F) Others (Must be specified in writing): 54. TITLE & EXAMINATION: Seller shall, within a reasonable time after acceptance of this agreement, furnish an abstract of title, rx a registered 55 property abstract, certified to date to Include proper searches covering bankruptcies, slate and federal judgments and liens, and levied and pending 56 special assessments. Buyer shall be allowed 10 business daye after receipt of abstract for examination of title and making arry objections which 57. shall be m^ in writing or deemed waived. If any objection is so made. Seller shall have 10 business days from receipt of buy^s written title . 56 objections to notify Buyw of Seller’s intention to make title marketable within 120 days from Seller’s receipt of such wtotten objection. If notice is 56 given, payments hereunder required shall be postponed pending correction of title but upon conection of title and within 10 days after written notice 60 to Buyw the parties shall perform this Purchase Agreement according to Hs terms. If no such notice is given or if notice is given but title is not axrected within the time provided for, this Purchase ^reement shall be null and void, at option of Buyer; neither party shall be liable for damages hereunder to the other arid earnest money shall be refonded to Buyer, Buyer and Seller agree to sign canceliation of Purchase Agreement Bu^ 63 agrees to accept an owner’s title-policy in the full amount of toe purchase price in lieu of an abstract of title if the property is sul^ect to a master 64. abstract or it no abstract of title is in Seller’s possession or control. If Buy^ is to receive such policy (1) the tiUe examination perfod shall commence. ; 65 upon Buyer’s receipt of a current title insurance commitment and (2) Seller shall p^ toe entire premium for such policy if .no lender’s policy is66 obtained, and only the additional cost of obtaining a simultaneously issued owner’s polit^ if a lender’s policy is obtained (Buyer shall pay the premium 67 for the terxler’s policy). 61. 62. r\\-m:__^Date ^ ^BuyerDate.66 Seller and Buyer Initial: Seiler 66 MN: VLRA-1 (V90)k Planning Commission June 19, 1996 Page 4 DeAnn & Daniel Vukelich/Rose Shores Campground -Approved With Conditions; A Conditional Use Application to request the addition of 17 new sites (to our existing 15 sites) on the second level of our property plus the approval of site 16 on the first level which was installed before we purchased the campground. We would also like to replace the existing driveway to 10' from the top of the bank. We would probably also need another bathhouse to accommodate the new sites. The property is described as Pt of Government Lot 9 of Section 8 of Hobart Township; Rose Lake (56-360), RD. DeAnn & Daniel Vukelich, owners and Charles Krekelberg, Attorney represented the Application. A motion by Trites, second by Olson to approve the Application for a total of 25 dwelling units (this allows an additional 9 units onsite) subject to the following: 1) The Applicant secures a Variance from the Board of Adjustment to exceed the density requirement. 2) Storm Water Management Plana to be addressed by the Land & Resource Management Office. 3) The Otter Tail County Highway Engineer is to address the access to County Hwy.#4. 4) The Purchase Agreement for the six acre tract is completed as proposed and attached to existing parcel. The 25 dwelling units were arrived at as follows; The Commission determined that the entire 600' of water frontage should be used to determine the allowable number of dwelling units based upon water frontage. Therefore, 600' divided by 50' per dwelling unit » 12 units 12 + 18 units (allowable for existing water frontage) 30 units 30 + 19 units (allowable per area - both existing and proposed purchase) » 49 units 49 units divided by 2 (average) > 24.5 approximately 25 units Voting; All members in favor except Bergerud, Barker and Zimmerman. Thomas & Joanne Stich/Comer Store - Approved: A Conditional Use Application requesting to change the current single 2-hose gas dispenser system with two 1,000 gallon tanks to three 2-hose dispensing system with one 6,000 gallon 2-compartment tank. This new system will meet upcoming regulations for gasoline tanks. This pump area will be a safer system as the current pump is located in front of the store creating a bottleneck for customers and a traffic hazard for the road. The property is described as Sublot 1 of Gov. Lot 4 & Sublots 2 & 3 of Gov. Lot 4 of Section 32 of Amor Township; Otter Tail Lake (56-242), GD. Greg and Joanne Stich represented the Application. A motion by Lachowitzer, second by Bergerud to approve the Application as requested. It was noted that the Application has been reviewed by the Otter Tail County Highway Engineer whose recommendations will be followed. The Applicant was granted a Variance by the Board Of Adjustment at their June 13, 1996 Meeting. Voting; All members in favor. EXHIBIT A That part of Government Lot 9 in Section 8, Township 137 North, Range 40 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, which lies Southerly of the Southerly right of way line of County State Aid Highway No. 4 as said County State Aid Highway No. 4 is located and established on March 20, 1992, and which lies Easterly of the following described line: Commencing at a found iron monument which designates Meander Comer No. 66 on the South line of said Section 8 and on the Westerly shore of Rose Lake; thence South 89 degrees 55 minutes 28 seconds West 77.40 feet along the South line of said Section 8 to a found iron monument; thence continuing South 89 degrees 55 minutes 28 seconds West 239.80 feet along the South line of said Section 8 to a found iron monument; thence North 49 degrees 32 minutes 38 seconds East 2062.07 feet to a found iron monument, said point is the point of beginning of the line to be described; thence South 26 degrees 26 minutes 39 seconds East 99.23 feet to a found iron monument; thence South 25 degrees 14 minutes 52 seconds East 34.62 feet to a found iron monument; thence continuing South 25 degrees 14 minutes 52 seconds East 30 feet, more or less, to the water's edge of said Rose Lake and said line there terminates. n Proposal:CmSTER DEVELOPMENTS Lake Name: Lake Number: __________ TMcsr Cf) icninT/^^^s ^t<r 6n-ru REVIEW BY L&R: Cuf-'KfhJT f” HdoPasro ProposedHealth Dept. (License) Land & Resource\{\i\n1. DWELLING UNITS (CUP) mResidence(s) Rental Ccd3in(s) Manufactured Rome(s) Recreational Camp Site(s) TOTAL DWELLING UNITS tooo ooo %3^ 33 ProposedExistingAllowable2. DENSITY CALCULATION OS 33A. Water Frontage B. Area (Tier) Riparian Second AIkLkiA$ f?D I O oThird o00Fourth o ooFifth \io 33TOTAL DENSITY (minimum requirement 50% S must include Shore Impact Zone)3. OPEN SPACE REVIEW BY PLANNING COMMISSION: 1. COMPATIBILITY: Is the proposed use compatible with adjacent land uses and SMO requirements, such as vegetative screening, setback(s), buffer zone(s), structure height, land height, sensitive areas, etc.? 2. EFFECTS ON ENVIRONMENT: What effect will the proposed use have on the environment (topography, vegetation, noise, traffic and etc.)? 3. HAZARDS: Will this proposed use result in the creation of any hazards for area residents? 4. PARKING: Are there 2 off street parking spaces per dwelling unit? 5. SHORE RECREATION FACILITIES: Are the onsite shore recreation facilities (swimming area(s), dock(s)/mooring site(s), launching ramp(s) and etc.) centralized? 6. PUBLIC ROAD ACCESS: Is there adequate access from a public road? 7. IDENTIFIABLE ADVANTAGES: Are there identifiable advantages of the proposal? 8. IDENTIFIABLE DISADVANTAGES: Are there identifiable disadvantages of the proposal? REVIEW BY COUNTY ATTORNEY'S OFFICE: 1. DOCUMENTS CREATING COMMON OWNERSHIP s t t%. ?3 1 ~~^¥~7/^V iHj^o «■ s'/rr‘ 56 51 3 ft’ T^TWc /=r=- ( CuRnenT T p/S,o P <3 / T3_^ t.^.5 /■5 I^W'JPit ^s-(,,oi2 f-r^ - 5'S-‘^i^i3 ~ 556^■s/3/=“* 32^s^<3rT^ ~ 5^3,va3 ^ 3 X /<^ 0%5 5' H^o ffi2>^Tv>ce r-------- z "7. ^ ~ D>\^e.u.iu/<iSo J Ouj£u\>Jc:5ir>Uv~U>^iT^ 1^1^ PS1 rT^ ^.$3“7 ^2>^Z>£>^ FT"^ j— 3.?r ^ \t>\^oi^ rr^ <p*^3 /: \.^V Cu^CLL\^<a Ult^lTS ^t^c hed 3.^1 ^azf.$_ % m ^S!>oFT^jf^^nc - P\'SiSSi .(» FT ^ -7 3^^ ^00 FT ^ j jQujiTLL '<v^ c. X \ .S m^S3l,U rr^ u<^> T ^ 3 pMeuii'd U(>^> Ti -/ I^L "9 l/yv/iJH r3 TEi 7Xc (AS* OujeuLiuc^ u^irsir -*- 7 = /f 0<^eu,\r^c Uf^iTSU ^ 7 5J. Cw^^fLUr^C liy/4V£, Proposal:CLUSTER DEVELOPMENTS Lake Name: Lake Number: Cf^bcn Hi<e (ifiseo Cugi^ir^r Lnf^oREVIEW BY L&R: ProposedHealth Dept. (License) rJP> Land & Resource (CUP) 1. DWELLING UNITS /1Residence(s) y((ental Cabin(s) Manufactured Home(s) Recreational Camp Site(s) TOTAL DWELLING UNITS ooo Iooo -f16l£_3a 33 Existing ProposedAllowable2. DENSITY CALCULATION 33A. Water Frontage B. Area (Tier) Riparian Second \u A3onooThird O O0Fourth O oFifth 33laTOTAL DENSITY 3. OPEN SPACE % (minimum requirement 50% & must include Shore Impact Zone) REVIEW BY PLANNING COMMISSION: 1. COMPATIBILITY: Is the proposed use compatible with adjacent land uses and SMO requirements, such as vegetative screening, setback(s), buffer zone(s), structure height, land height, sensitive areas, etc.? 2. EFFECTS ON ENVIRONMENT: What effect will the proposed use have on the environment (topography, vegetation, noise, traffic and etc.)? 3. HAZARDS: Will this proposed use result in the creation of any hazards for area residents? 4. PARKING: Are there 2 off street parking spaces per dwelling unit? 5. SHORE RECREATION FACILITIES: Are the onsite shore recreation facilities (swimming area(s), dock(s)/mooring site(s), launching ramp(s) and etc.) centralized? 6. PUBLIC ROAD ACCESS: Is there adequate access from a public road? 7. IDENTIFIABLE ADVANTAGES: Are there identificdile advantages of the proposal? 8. IDENTIFIABLE DISADVANTAGES: Are there identifiable disadvantages of the proposal? REVIEW BY COUNTY ATTORNEY'S OFFICE: 1. DOCUMENTS CREATING COMMON OWNERSHIP 7Z)T/^L He,S\)oerJc€ '/1/a/ y\i»ASC '. 3(^tf \ •i'^ /^5:swn£-£) r' X ^<^<9 FT 7 ,7 513,(tlSS^'nro' top') ■? >, 6<y^ i 7 1^" > 5'f^ f ^ -p 1 ^'V (^ 5TUCCT, 4£S/^‘^‘^<'.r) /^ X i/<?^ ~^•-■7flV5P'' .a.-. ~ FT*> ■, r I. / y % ‘^!p>o fT^ -(^<^00f^ 3;ilo OFP <STfl€tr ““ n cpowas ^C(03^) n 3; ZS.S‘iorr^ ~ Z-)0j-dX5 Off I )(. too ^37^;^as'pT^ 4 - 1 ‘ft% s>^H7jrno Cl I - I ^ ^L X • •'^^-^yx£^ '>vTrn'^^ VT2f ^ ^«W< f>r»''»ZP^‘' ^ '•*'»5^ o^X ' ^ t ^ 'iiyij. Hi h'(^1^ 05 L .- -i2^jfiX hA V V h^'C? ^dJ 7i>^Vh lo'l ^ l?hO 'I - ^ j_j <?(pcp 'os -r ^i/ ? 's fr _L<'^/7' / . -'Jt. _//ArXf7^'^ ■ /■pjll OV^ ■'i-^ rj.i'vn ?:5'/ V 1^'/ -c JJ hIC c£l i ots^-ih ^ 5/T ^ ^5'(!f ^ J.::/ 9<7(7 V-^ -7I Cl - J.i^n ^.JJ hiCLZl ^/JI± or^C ^ b^2> ^ U P<?£?^ Ok ^ zy^^y/^JJ g<fs'l\^ X r3-7y'?^f crs S 'I XSJ.1^^ s 21/^n 9/^^JJ 5<?<? cecI'S 'tto ^f3lll J^l - ?nei:p y3»?v Vr^n^:i^a/ ^ C?5 ^Jif ^€'SI J.I/v/7 V/^ c ;J9^S^<^VJ O'^fi9>\yI af^y~i ±M3'tf'd^z? (^05/) %(^ih j I ' /Y' '''>~ 'D.I 7% ,>;? 'I J 'I %, ^.y '0^ I'i^'S.S^y - -0^, 0OV3'hX '. -• A e*^ : ,»' ' ■^^r- "“V'^ ■ ' >>' *‘- ■‘ -Ky 7,.• -V '7 ■■■ ^ I- s t •:1 ! - March 27, 1997 To whom it may concern, We are in the process of obtaining the permit to install nine new campsites on our property at Rose Shores Campground. We are going to use the same two driveways off Co. Road #4 that exist. It is to our knowledge at this time that no earth must be moved other than to install sewer, water, and electricity hookup to the sites. We believe there is no landscaping to be done. If it is determined that earth must be moved, we imderstand that before doing so we must contact the Land and Resource office to obtain the proper permits and a scaled drawing of the project for storm water runoff. Sincerely, Daniel and DeAim Vukelich Rose Shores Campground