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HomeMy WebLinkAboutSwans Point Resort_02000130102000_Conditional Use Permits_07-16-2003l-]lo^2003 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 943479 943479 I hereby certify that this instrument #__ was fiied/recorded in this office for reconl on the J_0_day of \ 2003 atlO'JC ^m/bmwnfp We ______ J weii certificme by: THE ABOVE SPACE iS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT COUNTY OF OTTER TAIL 121 W JUNIUS SUITE 130, FERGUS FALLS, MN 56537 (218)739-2271 l^37L“‘COMPLETE THIS APPLICATION IN BLACK INK★★★ l>o. ooApplication Fee Receipt Number 13 (*>U H V V(\\\inw^L\.Sphc.W LAKE NUMBER ^ ^ Q LAKE NAME 4-LAKE CLASS D Accepted By / Date )Sj^^P(Vs> ---- PROPERTY OWNER ai?-DAYTIME PHONE nU)ADDRESS ^0li_TOWNSHIP__L 0Z.'00<?-'(5' ____RANGE ^-00{ TOWNSHIP NAMESECTION E-911 ADDRESSPARCEL NUMBER LEGAL DESCRIPTION PT LOT 1 N OF LOTS 3-4 & 5, CAMP LINGERLONG & S OF ROAD CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) (1) Topographical Alteration (2) Commercial Use Cluster Development^ (4) Extractive Use (5) Industrial Use (6) Forest Land Conversion (7) Miscellaneous EXPLAIN YOUR REQUEST 'To mn’DWft dCYld l-^OlMLil- U6C. Aermii ijoliic.h w^ls aratifei. /jyl C-ep-Vibo a(\i't5 5-^(2remo<io\(N0 0^ ibein^ {Lorobinti lo-tb l-anib.The>^e-fo/e See.fl^dcheoaocujymis Qsk-ing -for 1M-(^\Me 111 I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. c/J/£^q Cjnilpj-1 I SIGNATURE OF PfWPEFlTY OWNER U IkloZ) DATE APPLICANT MUST BE PRESENT AT THE HEARING €lOcoH«'^t (Applicant Will Receive Notification As To The Date/Time Of Hearing) OH -ft It. BK-0600-006 305.909 • Victor Lundeen Co., Printers • Fergus Falls. MN ■ 1-800*346-4870 I clicl M 1^ ■ '3/i fimDate Of Planning commission Hearing Time Planning Commission Motion July 16, 2003: Motion: A motion by Bergerud, second by Schwartz to approve as presented, allowing a total of 14 dwelling units, with cabins 5 & 6 remaining as 2 cabins, (being a decrease of 9 units), provided: 1. The proposed dwelling unit must have its own sewer. 2. The solid waste onsite must be cleaned-up by November 15, 2003. 3. The existing cabins must remain as is (no second stories). 4. Land & Resource Management must verify that the recorded road easement matches the traveled surface. 5. Applicant must repair the riprap (on Otter Tail Lake) and add 4” to 6” of topsoil & plant grass seed. Chairman/Otter Tail County Planning Commission County Board Action Approved As Recommended Denied As Recommended Other Chairman/Otter Tail County Board of Commissioners Date of Final Action nkfci L & R Official / Date ' • CONDITIONAL USE PERMIT # Permit(s) required_trom-Land & Resource Management es (Contact L^d & Resource Management>/ No Copy of Application Mailed to Applicant And MN DNR ^ to. R Official / Date Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY 121 W. Junius Ave., Suite 130 Fergus Falls, MN 56537 Ph: 218-998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us July 30, 2003 Viking Resort Janet & William Schicker 39323 Co Hwy 1 RichvilleMN 56576 RE; Conditional Use Permit Application, Otter Tail Lake (56-242), Walker Lake (56-310) To Whom It May Concern: On July 16, 2003 the Planning Commission passed a motion to recommend approval of your request. Their motion is as follows: A motion by Bergerud, second by Schwartz to approve as presented, allowing a total of 14 dwelling units, with cabins 5 & 6 remaining as 2 cabins, (being a decrease of 9 units), provided: 1. The proposed dwelling uriit must have its own sewer. 2. The solid waste onsite must be cleaned-up by November 15, 2003. 3. The existing cabins must remain as is (no second storiesL 4. Land & Resource Management must verify that the recorded road easement matches the traveled surface. 5. Applicant must repair the riprap (on Otte,r Tail Lake) and add 4” to 6" of topsoil & plant grass seed. On July 22, 2003 the County Board of Commissioners passed a motion to approve the request as recommended by the Planning Commission. As you can see, there are conditions placed on this approval. Once these conditions are met, our Office will process your Conditional Use Permit. If you have any questions, please contact our Office. Sincerely, Marsha Bowman Office Manager r OTTER tail water MANAGEMENT DISTRICT 27234 368^" AVE. Battle Lake, MN 56515 Phone (218) 864-5533 Mr. Bill Kalar Land & Management Otter Tail County Fergus Falls, Mn 56537 Oct. 22, 2003 Dear Bill, This letter is in reference to the property owned by Mr. & Mrs. Joe Schicker located between Otter Tail Lake and Walker Lake. The dwelling that would be placed there would have to have it’s own onsite septic system. It would not be allowed to tie in to the Districts’ central system. When installed they will have to take out a permit for the system. I would then inspect the installation at the required time. As all other on sites located in the District, it will be then placed on the inspection roles for future monitoring of the system. After viewing the lot. The system will need to be placed on the top of the hill where it’s relatively flat. The only question 1 would ask, is the lot considered to be a bluff area? If so where will construction be allowed? If you have any questions please contact me. Thank you Sincerely,fj RollieMann Manager omae RECEIVED OCT 3 0 2003 LAND & RESOURCE 5 ^\\ ^aJiour- cjW'f' (Md ‘^duur '-;ed OCT 3 0 Z003 LAUD & RESOURCE i no Ik. Office of County Recorder County of Otter Tail t tiiraby uftjfif Cur int wfflM kvaymM wat Sad tor ffconl tn tf«$ office on IM fY\u^^ <LD la^ , Mcroffimeo as Ooc. I . \0^712P67 _.«»"<ofijM.. Mt was CCrr , 1990, by OdJUiJea iLa%L%.fSr~^ DEED OF APPURTEMAWT EASEMENT //%This Agreement, made this and between Oatgline-^.- g«ftth and Arthur Smith, wife and Sandra E. Smith, single, ("Grantors"), and Daryl Constant and Rebecca Constant ("Grantees"). WHEREAS, Grantors own the purchasers' interest by a contract for deed dated June 1, 1987, filed of record as Document No. 663458 on June 4, 1987, of the tract of land in the County of Otter Tail, State of Minnesota, legally described as: See Exhibit "A" attached hereto; day of 3(.3t^J and WHEREAS, Grantees are the owners of the tract of land in the County of Otter Tail, State of Minnesota, legally described as: See Exhibit "B" attached hereto; which adjoins the land of Grantor; and WHEREAS, Grantors and Grantees have agreed upon the easement .’i- hereinafter described; NOW THEREFORE, Grantors, for valuable consideration to them. receipt of which is hereby acknowledged, hereby grants to Grancees, their heirs and assigns, forever, the easement of use and linjoyment for driveway purposes in, over and upon, that part of the land of the Grantors described as follows: The parties of the first part also grants to the parties of the second part an appurtenant to the property herein conveyed, for the purpose of ingress and egress an easement in common with others to use, for road purposes, a strip of land 3 3 feet in width lying to the right of the following described line; Beginning at the Southwest corner of the within described tract herein conveyed; thence South 81 degrees East 160 Feet; received OCT 3 0 2003 land & RESOURCE * thence South 25 degrees East 33 feet; thence South 26 degrees 30 minutes west 405 feet; thence South 25 degrees East 265 feet more or less to the corner of the public road. which use and enjoyment Grantees shall share with Grantor, TO HAVE AND TO HOLD THE EASEMENT unto the Grantees, their heirs and assigns, as appurtenant to their land. This agreement shall run with the land and shall be binding upon the heirs, executors, administrators, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. GRANTORS Rabecca Constant •Sandra Er^Smith STATE OF ) ) SSCOUNTY OF ) The foregoing,, instrument was acknowledged before me this ____day of _____, 199/, by Dwline Oiitlth and Arther Smith, wife •ce.. s i ^ OFF»CIAL SEAL^ BARBARA J. HOILAND M NOTARY PUBLIC - CALIFORNIA V ttiw COUNTYWy coftim. opires NOV 24, 1993 Notary Public‘S a*i. 2 m 1 5 ’99^ ■<L, / C.-V " .;..iuOrA i , 4, ;3S7 Ii RECEIVED,y OCT 3 0 2003 )STATE OF ) SS )COUNTY OF The foregoing Instrument was acknowledged before me this day of , 1990, by Sandra E. Smith, single. Notary Public STATE O:) ICOUNTY OF The foregoing instrumgnv. was acknowledged before me this day of Hja. husband and f.Mby Daryl Constant and Rebecca Constant,)/ife’.199 1Noli^ry Public ■'Mre\constant.2 $1. ■i i' 3 RECEIVED OCT 3 0 2003 land & RESOURCE EXHIBIT "A" Lots One (1), Two (2), and Three (3) of CAMP LINGERLONG, according to the certified Plat thereof on file and of record in the office of the Register of Deeds in and for Otter Tail County, Minnesota. A strip of land 350 feet in width lying west of, parallel and adjacent to tne west line of Sublot Two (2), Government Lot One (1), Section Thirteen (13), Township One Hundred Fifty-four (154) North of Range Forty (40) West, said strip of land extending from the northerly limits of a public highway back of Lingerlong Beach on Otter Tail Lake, as platted and recorded thence northerly to the shore of Walker Lake. The above described tract being a part of Government Lots One (1) and Two (2), Section Thirteen (13), Township One Hundred Thirty-four (134) North of Range Forty (40) West and contains 6.15 acres, more or less, EXCEPTING THEREFROM a tract of land 70 feet by 200 feet in the Southeast corner of the above described tract along the northerly limits of a public highway back of Lingerlong Beach on Otter Tail Lake and extending in a Northwesterly direction 22 feet. Further Excepting Therefrom part of Government Lot One (1) , Section Thirteen (13), Township One Hundred Thirty-four (134), Range Forty (40), Otter Tail County, Minnesota described as follows: Commencing at the Southwest corner of Sublot One (1) of the amended plat of Sublots One (1), Two (2), and Three (3), a recorded subdivision of a part of said Government Lot One (1); thence South 61 degrees 30 feet West 123 feet; thence North 25 degrees west 91.2 feet to the point of beginning located on the westerly line of said recorded subdivision; thence North 81 degrees west 80 feet; thence north 23 degrees 15 feet west 148 feet more or less to the water's edge of Walker Lake; thence Northeasterly along said lake 62 feet the westerly line of said recorded subdivision; thence south 25 degrees east 188 feet more or less to the point of beginning. Containing 0.2 of an acre more or less; And Further Excepting Therefrom as appurtenant to the immediately above described tract, for the purpose of ingress and egress an easement in common with others to use, for road purposes, a strip of land 3 3 feet in width lying to the right of the following described line, to-wit: Beginning at the Southwest corner of the within described tract herein conveyed; thence south 81 degrees east 80 feet; thence south 25 degrees east 33 feet; thence south 26 degrees 30 minutes West 405 feet; thence south 25 degrees east 265 feet more or less to the center of the public road. RECEIVED OCT 3 0 2003 LiNO & P.t.TjURCE And also Further Excepting Therefrom the following described perpetual right of way and easement, in common with others to use for road purposes a strip of land 33 feet in width, and being a part of Government Lot 1 and 2, in Section 13, Township 134, Range 40 described as follows, to-wit; Beginning on the center of County Road Kumber One (1) distant 350 feet south 65 degrees west from the westerly line of Lot Two (2) of the amended plat of Sublots One (1), Two (2), and Three (3) as recorded thence north 25 degrees west to a boundary line located south 25 degrees east 150 feet from the shore of Walker Lake, thence north 65 degrees east 33 feet; thence south 25 degrees east to said highway; thence south 65 degrees west 33 feet to the point of beginning. And Further Excepting therefrom part of Government Lot One (1) and Two (2), Section Thirteen (13), Township One Hundred Thirty-four (134), Range Forty (4'^; described as follows, to-wit: commencing at the Southwest corner of Sublot One (1) of the amended plat of Sublots One (1), Two (2), and Three (3), a recorded subdivision of part of said Government Lot One (1); thence south 61 degrees 30 feet west 125 feet to the westerly boundary line of said amended plat; thence north 25 degrees west along said westerly boundary line 91.2 feet; thence north 81 degrees west 80 feet to the point of beginning of the within described tract; thence north 81 degrees west 80 feet; thence north 31 degrees west 97 feet more or less to the water's edge of Walker Lake; thence northeasterly along said lake 80 feet t.) a boundary line bearing north 23 degrees 15 feet west from the said described point of beginning; thence south 23 degrees 15 feet oast 148 feet more or less to the point of beginning. Containing 0.2 of an acre more or less. Proceeding to a point of beginning of the tract which is located as follows; commencing at the Southwest corner of Ixjt One (1) of the amended plat of Sublots One (1), Two (2), and Three (3) of Government Lot One (1) , Section Thirteen (13), Township One Hundred Thirty-four (134) North of Range Forty (40) West; thence proceeding south 61 degrees 30 feet west 123 feet; thence proceeding north 25 degrees west 373.3 feet; thence proceeding south 65 degrees west 350 feet; thence proceeding south 25 degrees east 92.6 feet to the point of beginning of the tract to be conveyed ; thence proceeding north 39 degrees 27 feet east 97.6 feet; thence proceeding north 37 degrees 06 feet west 100 feet more or less to the water's edge of Walker Lake; thence proceeding in a Southwesterly direction 70 feet more or less to the intersection with a line bearing north 25 degrees west from the point of beginning; thence proceeding south 25 degrees east 129.7 feet more or less to the point of beginning and there terminating. AND Part of Lot One (1) north of Lots Three (3), Four (4) and Five (5), Camp Lingerlong and south of road Section Thirteen (13) , Townshj.p One Hundred Thirty-four (134), Range Forty (40). RECFIVED OCT 3 0 2003 L^ND & RESOURCE v' EXHIBIT "B" Parts of Government Lot One (1) and Two (2) Section Thirteen (13), Ttwnship One Hundred Thirty-four (1?4), Ranye Forty (40), Otter Tail County, Minnesota, described as follows: Commencing at the Southwest corner of Sublot One (1) of the Amended Plat of Sublots One (1), Two (2), and Three (3), a recorded Subdi"ision of Part of said Government Lot One (1); thence South 61 degrees 30 feet West 123 feet to the Westerly boundary line of said Amended plat; thence North 25 degrees West along said Westerly boundary line 91.2 feet; thence North 81 degrees West 80 feet to the point of beginning of the within described tract; thence North 81 degrees West 80 feet; thence North 31 degrees West 97 feet-, more or less, to the water's edge of Walker Lake; thence Northeasterly along said lake 80 feet to a boundary line bearing North 23 degrees 15 feet West from the said described point of beginning; the^ice South 23 degrees 15 feet East 148 feet, more or less to the poi;’it of beginning. Containing 0.2 of an acre more or less. I RECEIVED OCT 3 0 2003 LAW & P'AQURCE 18. 'H£ADiN(!^; H<^ding0 of the para|fTapba of thia contract are for convenience bnl^ tuid do not defim» . - limit or constnic the contents of-such paragraphs.’ ;'•:■■■ - ' . ^ 19. ASSESSMENTS BY OWNERS’ ASSOCIATION. If the Property is subject to a recorded declaration providing for assessments to be levied against the Property by any owners’ association, which assessments may become a lien against the Property if not paid, then: (a) Purchasers shall promptly pay, when due, sdl assessments imposed by the owners’ association or other governing body as required by the provisions of the declaration or other related documents; and (b) 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 amounts as are required by this contract, then; (i) Purchasers’ obligation in this contract to maintain hazard insurance coverage on the Property is satisfied; and (ii) The provisions in paragraph 8 of this contract regarding application of insurance proceeds shall be superceded by the provisions of the declaration or other related documents; and (iii) In the event of a distribution ofinsurance proceeds in lieu of restoration or repair following an insured casualty loss to the Property, ,'iny such proceeds payable to P l .• ■hasers 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 Purchasers. 20. ADDn’IONAL TERMS: the parties of the first part grants to the parties of the second part, AN APPURTENANT TO THE PROPERTY HEREIN CONVEYED, FOR THE PURPOSE OF INGP^SS AND EGffiSS AN EASEMENT IN COiMMON WITH OTHERS TO USE, FOR ROAD PURPOSES, A STRIP OF land 33 FEET IN WIDTH LYING TO THE LEFT OF THE FOLLOWING DE.SCRIBED LINE; BEGINNING AT THE SOUTHEAST CORNER OF THE WITHIN DESCRIBED TRAC 3 HEREIN CONVEYED; THENCE SOUTH 39 DEGREES 27 MINUTES WEST 97.6 FEET: THENCE SOUTH 29 DEGREFS EAST 660 FEET TO THE COUNTY HIGHWAY. SELLER®)PUROTASERS '9)0.I c/ O',/./ T State of Minnesota JX County nf OTTER TAIL The foregoing instrument was acknowledged before me this 3'^ day of — -p by GERALD F. QLSnM ^ .TFAMRTTR P. nT.^SOMp RTT^RAMD AMP WTPF. % e'. ;; NOTARIAL STAMP OR SBAL(0H OTHBR Tm,E OR RANK) DONNA M. BOLL OTTei- COi.lwrv NOTARY PUBLiC-MtNNCSOTA ) MYcoHMiasiON Exrinc* JUI.Y34, leug . /AA/NATURE OF NOTARY PUSUC OR Oi HER OFFiaALSIG 1.State (if Minne.sota ICounty of mnEER—lAXL .^^Tday of ^.19-51.The foregoing instrument was acknowledged before me this ^^TfE P- EOMMERSBACH AMD,SHORGnI^jOl-Ciffi RS BACH ,aANP-ANP- /) B OP NOTARY PUBUC OR OTOOl^^CIA NiTTARlAL ___ 40BTI :Mwrruwe.WMMNA COUNTY lasfeaNar'ik 1M7 S!GN,EOF NOTARY PUBUC OR OTH EBCIAL rax siateineri,s for the roaf propeny desertbed In tols Irmrumpot sfioutd w som lor GERALD & SHARON BOMMERSBACH 316 S. IITH AVE. WAHPETON, N.D. 5807S Wd«MM '! -9 7 THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESSI BOLL REALTY R. R. OTTERTAIL, MN. 5o571 V" > / ? County of Otter Tail mat Ifw wittiln hstrurnmnw BW * * fwocort In mis office on me —^ AD. 192Z atiifS'cloeIc end was MIcroflIined as Doc. I •----- County Recofdef DEED OF APPURTENANT EASEMENT 714141 This Agreement, made this Deputy day of by and between Knud K. Madsen and Elsie Madsen, husband and wife? ("Grantors”), and Daryl Constant and Rebecca Constant ("Grantees"). WHEREAS, Grantors are the owner of the tract of land in the County of Otter Tail, State of Minnesota, legally described as: See Exhibit "A" attached hereto; > , 1990, and WHEREAS, Grantees are the owners of the tract of land in the County of Otter Tail, State of Minnesota, legally described as: See Exhibit "B" attached hereto; which adjoins the land of Grantor; and WHEREAS, Grantors and Grantees have agreed upon the easement ■ hereinafter described; NOW THEREFORE, Grantors, for valuable consideration to them, receipt of which is hereby acknowledged, hereby grants to Grantees, their heirs and assigns, forever, the easement of use and enjoyment for driveway purposes in, over and upon, that part of the land of the Grantors described as follows; The parties of the first part also grants to the parties of the second part an appurtenant to the property herein conveyed, for the purpose of ingress and egress an easement in common with others to use, for road purposes, a strip of land 33 feet in width lying to the right of the following described line; Beginning at the Southwest corner of the within described tract herein conveyed; thence South 81 degrees East 160 Feet; thence South 25 degrees East 33 feet; thence South 26 degrees 30 minutes west 405 feet; thence South 25 degrees East 265 feet more or less to the corner of the public road. Kiror.'V’ 3 0 2003 cO ■I »' which use and enjoyment Grantees shall share with Grantor, TO HAVE AND TO HOLD THE EASEMENT unto the Grantees, their heirs and assigns, as appurtenant to their land. This agreement shall run with the land and shall be binding upon the heirs, executors, administrators, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. GRANTORS Knud K. Madsen Elsie Madsen )STATE OF MINNESOTA COUNTY OF lOUv ^) ss) The foregoing instrument was acknowledged before me thisday of V'.ni i: ' -l, ■, husband arid wife.J , 199(1), by Knud K. Madsen and Elsie Madsen, JllLT. ICCCK I N'CTAF.Y rv~' 1C - f,'r: : -r*TA | OiTERTAILCCUNr^ | : My CcT.rr,!:;':r< E).;:^cs Ayg. 22.1994 * rJCQlkk Notary Public tx^ 2 OCT 3 ^^003 . «*</ )STATE OF JjgSSgiS^SSSR vo^ituh yia rr) I 'ex ) ss)COUNTY OF The foregoing instrument was acknowledged before me this day ofhusband and/wife. <^3 , 199#, by Daryl Constant and Rebecca Constant, rwrii I ■! Mr COMMISSION £XPI ^bfeary Public re\constant.3 OCT 3 0 2003 LAND a RESOURCE 3 \ ‘ 817070 ■ ' (/ C • ®^’!H°'' county RfcCORDER OTTER TAiL COirTTY, MN 0 WELLCERTinCAT^ECaVED No delinquent taxes and transfer entered; Certificate of Real Estate Value ( "^filed ( ) not required Certificate of Real Estate Value No. Officp of Couiity Recorder Countv of Otter Tail by ctmty ixit (^s witrrin histrwM tof fawfd m ttvs oftict ontha 1^ div of . A.Oand wu duly Mfcrohlmad as Ooe.« OXYU t U A ' County Reenter ^^.$5 Sa)r^ was filedthere057U'J5 i*;l., 1997 V County Auditor i»* « ' 1 I •#Ci.‘ C *■...•*te« a [.:£T I a^'tb. NiJ.yWR^:2ifif3a< OATSCJhBy Deputy Warranty Deed Individuals to Joint Tenants STATE DEED TAX DUE HEREON: $89.10 1 \-Dated: FOR VALUABLE CONSIDERATION, DARYL CONSTANT and REBECCA L. CONSTANT, husband and wife. Grantors, hereby convey and warrant to RANDALL M. LZNDEMANN and BRENDA J. LZNDEMANN, as joint tenants. Grantees, real property in Otter Tail County, Minnesota, described as follows: Parts of Government Lot One (1) and Two (2), Section Thirteen (13), Township One Hundred Thirty-four (134), Range Forty (40), Otter Tail County, Minnesota, described as follows: Commencing at the Southwestcorner of Sublot One (1) of the Amended Plat of Sublots One (1), Two (2) and Three (3), a recorded Subdivision of Part of said Government Lot 1; thence South 61 degrees 30 minutes West 123 feet to the Westerly boundary line of said Amended Plat; thence North 25 degrees West along said Westerly boundary line 91.2 feet; thence North 81 degrees West SO feet to the point of beginning of the within described tract; thence North 81 degrees West 80 feet; thence North 31 degrees West 97 feet, more or less, to the water's edge of Walker Lake; thence Northeasterly along said lake 80 feet to a boundary line bearing North 23 degrees 15 minutes West from the said described point of beginning; thence South 23 degrees 15 minutes East 148 feet, more or less to the point of beginning. Containing 0.2 acre more or less. This is in satisfaction of a contract for deed between the parties dated October 15, 1990, recorded October 24, 1990 as document #706485, in the office of the County Recorder, Otter Tail County, Minnesota. .. ..i*.. ■V .'■siVTO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances belonging thereto, subject to the following easements, restrictions, reservations and covenants 4 exceptions: of record ■I ^ryl' Constant Rebecca L. Constant : ■ I4 'f. .Lrr IOWASTATE OF MlKMBSOW ) POTTAWATTAMIE ) SS. COUNTY OF onfm^fmuu ) The 'oregoing instrument was acknowledged before me this _ day of Wovemh«»rRebecca L. Constant, husband and wife. Grantors. , 1997, by Daryl Constant and24 N^ary-'Fublic •ITax statements for the r>Hil property described in then Instrument should be sene to: This instrument was drafted by:.-•i-1. %PENN C. BRANDBORG Attorney at Law 315 South Mill St. P.O. Box 475 Fergus Falls, MN 56538 218-736-7447 Net the Closing Agent Randall & Brenda Llndemann 5137 Russell Ave. S. Minneapolis, MN 55410 §6 ■■», *1: RECrJV;^r) OCT 3 0 2003 J 'fat OTC Board of Commissioners’ Minutes July 22, 2003 Page 3 Bill & Claims Motion by Froemming, second by Nelson, and unanimously carried to approve the Human Services bills & claims as presented. Adjournment At 10:50 a.m., Chairman Lee declared the meeting of the Otter Tail County Human Services Board adjourned until 9:30 a.m. on Tuesday, August 12, 2003. OTTER TAIL COUNTY HUMAN SERVICES BOARDDated:. By: Malcolm K. Lee, Human Services Chair Attest: Larry Krohn, Clerk Call to Order - County Board The Otter Tail County Board of Commissioners convened Tuesday, July 22, 2003, at 11:00 a.m. at the Otter Tail County Courthouse with Malcolm Lee, Chair; Syd Nelson, Vice-Chair; Roger Froemming, Dennis Mosher, and Bob Block present. Approval of Agenda Motion by Froemming, second by Mosher, and unanimously carried to approve the County Board agenda of July 22, 2003, with the following additions: 1:55 p.m. - Dave Hegseth - 120"’ Ave Flooding Concern Capital Expenditure Requests & Personnel Discussion Approval of Minutes Motion by Block, second by Mosher, and unanimously carried to approve the County Board minutes of July 15, 2003, as mailed. Approval to Pay Bills Motion by Nelson, second by Froemming, and unanimously carried to approve payment of County Board bills per Attachment A of the official minutes. Planning Commission Recommendations Conditional Use Permit - Viking Resort/Janet E & William J Schicker: Motion by Froemming, second by Mosher, and unanimously carried to approve a Conditional Use Permit allowing a total of fourteen (14) dwelling units with conditions as recommended by the Planning Commission. The property is described as Pt Lot 1 N of Lots 3-4 & 5, Camp Lingerlong & S of Road, Section 13 of Amor Township; Otter TailAA/alker Lake (56-242/56-310). Conditional Use Permit - Bryce & Nancy Stromstad and Leo Janu: Motion by Nelson, second by Froemming, and carried with Lee opposed, to approve a Conditional Use Permit for a collision repair business with conditions as recommended by the Planning Commission. The property is described as Tr in GL 2...(6.4 Ac) & GL 1 & 2 ex trs ex platted. Section 7 of Gorman Township; Silver Lake (56-224). OTTER TAIL COUNTY PLANNING COMMISSION Otter Tail County Courthouse, Fergus Falls, MN 56537 213-998-8095 July 16, 2003 Meeting of the Otter Tail County Planning Commission was held on July 16, 2003 at 6:30 P.M. in the Commissioner's Room, Courthouse, Fergus Falls, Minnesota. Roll Call: Members Present: Linda Bergerud, Rod Boyer, Les Estes, Frank Lachowitzer, Joe Maske, Bert Olson, Robert Schwartz, Richard Sha, and Leona Zimmerman. Member Absent; David Trites. Kurt Mortenson represented the County Attorney's Office and Bill Kalar represented the Land & Resource Management Office. Minutes of July 9, 2003 - No Action: It was determined that the July 9, 2003 Minutes would be considered at the next meeting. Viking Resort / Janet E & William J Schicker - Approved With Conditions: A Conditional Use Permit Application stating: To reinstate Conditional Use Permit which was granted on 4/25/01. With the exception of Units 5 & 6 remaining “as is’’ rather than being combined into 1 unit. Therefore asking for 14 dwelling units. The property is described as Pt Lot 1 N of Lots 3-4 & 5, Camp Lingerlong & S of Road, Section 13 of Amor Township: Otter Jail/-Walker Lake (56-242/56-310), GD/RD. William & Janet Schicker represented the Application. Motion: A motion by Bergerud, second by Schwartz to approve as presented, allowing a total of 14 dwelling units, with cabins 5 & 6 remaining as 2 cabins, (being a decrease of 9 units), provided: 1. The proposed dwelling unit must have its own sewer. 2. The solid waste onsite must be cleaned-up by November 15, 2003. 3. The existing cabins must remain as is (no second stories). 4. Land & Resource Management must verify that the recorded road easement matches the traveled surface. 5. Applicant must repair the riprap (on Otter Tail Lake) and add 4” to 6” of topsoil & plant grass seed. Voting: All Members in favor. Lyman R Milburn, Paul S Macgregor Mike Hagen & John Carlson - Tabled to September 10, 2003: A Conditional Use Permit Application stating: Construct 14’ wide road 1700’ long to incorporate east 400’ of Government Lot 3. Replacing road to the south, level northwest corner to elevation of the township road, move existing material to fill around culvert to be used to cross the County Ditch #25. Rock riprap to be used around culvert inlet and outlet (1600 cu. yds. for project). The property is described as Lot 3 ex e 800’/W 200’ of E 800’ of GL 3/W 200’ of E 600’& W 200’ of E 400’ of GL 3, Section 36 of Dora Township; Star Lake (56-385), GD. Mike Hagen represented the Application. Barb Lodin questioned the location of the lotline, the, setback to the lotline & the elevation; she spoke in favor of relocating the existing road. OTTER TAIL COUNTY PLANNING COMMISSION otter Tail County Courthouse, Fergus Falls, MN 56537 218-998-8095 July 16, 2003 Meeting of the Otter Tail County Planning Commission was held on July 16, 2003 at 6:30 P.M. in the Commissioner's Room, Courthouse, Fergus Falls, Minnesota. Roll Call: Members Present; Linda Bergerud, Rod Boyer, Les Estes, Frank Lachowitzer, Joe Maske, Bert Olson, Robert Schwartz, Richard Sha, and Leona Zimmerman. Member Absent: David Trites. Kurt Mortenson represented the County Attorney's Office and Bill Kalar represented the Land & Resource Management Office. Minutes of July 9, 2003 - No Action: It was determined that the July 9, 2003 Minutes would be considered at the next meeting. Viking Resort / Janet E & William J Schicker - Approved With Conditions: A Conditional Use Permit Application stating: To reinstate Conditional Use Permit which was granted on 4/25/01. With the exception of Units 5 & 6 remaining “as is” rather than being combined into 1 unit. Therefore asking for 14 dwelling units. The property is described as Pt Lot 1 N of Lots 3-4 & 5, Camp Lingerlong & S of Road, Section 13 of Amor Township: Otter Tail/Walker Lake (56-242/56-310), GD/RD. William & Janet Schicker represented the Application. Motion: A motion by Bergerud, second by Schwartz to approve as presented, allowing a total of 14 dwelling units, with cabins 5 & 6 remaining as 2 cabins, (being a decrease of 9 units), provided: 1. The proposed dwelling unit must have its own sewer. 2. The solid waste onsite must be cleaned-up by November 15, 2003. 3. The existing cabins must remain as is (no second stories). 4. Land & Resource Management must verify that the recorded road easement matches the traveled surface. 5. Applicant must repair the riprap (on Otter Tail Lake) and add 4” to 6” of topsoil & plant grass seed. Voting: All Members in favor. Lyman R Milburn, Paul S Macgregor Mike Flagen & John Carlson - Tabled to September 10, 2003: A Conditional Use Permit Application stating: Construct 14' wide road 1700' long to incorporate east 400’ of Government Lot 3. Replacing road to the south, level northwest corner to elevation of the township road, move existing material to fill around culvert to be used to cross the County Ditch #25. Rock riprap to be used around culvert inlet and outlet (1600 cu. yds. for project). The property is described as Lot 3 ex e 800’/W 200’ of E 800’ of GL 3/W 200’ of E 600’& W 200’ of E 400’ of GL 3, Section 36 of Dora Township: Star Lake (56-385), GD. Mike Flagen represented the Application. Barb Lodin questioned the location of the lotline, the setback to the lotline & the elevation: she spoke in favor of relocating the existing road.