HomeMy WebLinkAboutWinter Haven_21000170112001_Conditional Use Permits_05-11-20225-U-202Z
12^8126
Date Received / Date Stamp
LYHM R LARSON
OTTER TAIL COUNTY
kECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
Q6/14/2Q22 01:44 PM
FEE; 46.00
received
APR 11 2022
I Sand & resource
L&R Initial^/^Scanrud PAGES 6
wLi" ! i r i 'wf-s! c rccL- ■ u; riTHE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR CONDITIONAL USE PERMIT
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
■350(0Application Fee
Receipt Number
^^^viewed / Accepted By; Date A/lfe ^
J WuaK^i ___________^/7 7DAYTIME PHONEPROPERTY OWNER _L
U)inkrflo,l{e<i U fe ‘ CLor^
r'' (jL uJK-^
TOWNSHIP I I RANGE 3 TOWNSHIP NAME T QHCT
-o VQ 1
( —QOO^ 0\^ ADDRESS
MAILING ADDRESS
E-MAIL ADDRESS
5^- 7Sr LAKE CLASSLAKE NUMBER LAKE NAME
SECTION
PARCEL
NUMBER 21
LEGAL DESCRIPTION
G L- Cf?
Please Check The Appropriate Requests
^^fLand Use: Land Use Requested (From Table 1)
I I Shoreland Alteration: Total Cubic Yards Requested
I I Excavation In a Bluff or BIZ: Total Cubic Yards Requested
SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION.
f-£? (X yn<m>. ^ "iidUA uaI^ ^
'■s
V\/'rK wd\
Conditional Use ^rmit Application / Paqe 2
Property Owner:.
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.
SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
OFFICE USE ONLY
Date Of Planning Commission Hearing Time
Planning Commission Recommendation
Motion: A motion by Wass, second by Bladow to approve as presented.
AJ f.
Chairman/Otm Tail CountvLrlanning Commission
County Board Action
X Approved As Recommended Denied As Recommended
Other
0^12-^! '2^Z-L iM-airmah/Otler tail (pounty Board of Commissioners Date of Final Action
CONDITIONAL USE PERMIT #L&ROfficiii/Date
Permit(s) required from Land & Resource Management
y___NoYes (Contact Land & Resource Management)'
hv\'h . [p
V L & R Official/Date
Copy of Application Mailed to Applicant, Co. Assessor and MN DNR
CUP App 09-29-2021 Letter Sized
I 1191869
No delinquent taxes and transfer entered;
Certificate of Real Estate Value
) filed ( ) not required.
Cert, of Real Estate Value
a.oiny (Year)
i CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
06/13/2017 8:20 AM
i-'
lOO
tr\CO
iOCDcoX FEE: 96.00
PAGES 2
WELL CERTIFICATE RECD: Y
o Wayne Stein, County Auditor/TreasurerCO ••X
by•oo
^ ooQmomoo^Deputy
WARRANTY DEED
Individual(s) to Joint Tenants
$313.50STATE DEED TAX DUE HEREON:
eCRV ID:
Date: 573 669070
FOR VALUABLE CONSIDERATION,
husband and wife, Grantorfs), hereby convey(s) and warrant(s) to
Grantee(s), as joint tenants, real property in Otter Tail
Marian O. Weickert and Jeanette J. Weickert
_____David W. Winter and Peggy J. Winter.
County, Minnesota, described as follows:
That part of Government Lot 6, Section 17, Township 131, Range 38, described as follows:
Commencing at the southeast comer of said Government Lot 6; thence North, assumed bearing, along
the east line of said Government Lot, 115.50 feet to the point of beginning of the land to be described;
thence North 84 degrees 49 minutes 24 seconds West, along the monumented north line of that parcel as
described and recorded in Book 382, Page 589 of Deeds, a distance of 99.00 feet; thence North 03
degrees 21 minutes 07 seconds West 438 feet more or less to the shoreline of Block Lake; thence
easterly, along said Lake, 123 feet more or less to the east line of Government Lot 6; thence South 425
feet more or less to the point of beginning. The tract contains 1.1 acres more or less and is subject to a
16.50 foot easement for access purposes over, imder and across the afore described 1.1 acre tract. The
centerline of said easement is described as follows: Commencing at the southeast comer of said
Government Lot 6; thence North, assumed bearing, along the east line of said Government Lot 6, a
distance of 241.50 feet to the point of beginning of the line to be described; thence North 80 degrees 55
minutes 00 seconds West 108.08 feet to the West line of said 1.1 acre tract and there terminating. The
sidelines of said easement shall be prolonged or shortened to terminate on the east and west lines of said
1.1 acre tract.
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
[ ] The Seller certifies that the Seller does not know of any wells on the described real property.
[ ] A well disclosure certificate accompanies this document.
[ ] lam familiar with the property described in this instrument and 1 certify that the status and number of wells on the
described real property have not changed since the last previously filed well disclosure certificate.
Marian O. Weickert
COortTY Or OT . r.« TAi>-
STATE or- VliNNSSuT.X
OATH --Jeanette J. Weickert {/
I '
1
STATE OF MINNESOTA )
)ss.
Otter TailCOUNTY OF
S+The foregoing instrument was acknowledged before me this ^ j
Marian O. Weickert and Jeanette J. Weickert. husband and wife
day of no
2017, by
Grantor(s).
^ SUE ANN LIND
^ NOTARY PUBLIC - MINNESOTA
My CwTi^ Expires Jan. 31.2020
gnatur^^Person Taking Acknowledgement
X Statements for the real property described in this
Instrument should be sent to:
DAVID AND PEGGY WINTER
________ITAOE 4»Sth Avenue
Pa-rlfp-rg P-raiT-ita^MN 56361
THIS INSTRUMENT WAS DRAFTED BY:
HARRY J.TAVES
ATTORNEY AT LAW
13 S.E. COLFAX AVE
P.O. BOX 486
WADENA MN 56482
;
Owner’s Name
Property Address
Location: Lake No.Twp. Name
B
gr e
79
9 0 Valid:Expires:r.
Land and Resource Management Official / Date
1. Entire area shall be stabilized within 10 days of the completion of any earthmoving unless otherwise stated.
2. Owner is legally responsible for all surface water drainage that may occur.
3. If the terms of this permit are violated the entire permit may be revoked and the owner may be subject to legal prosecution.
4. This card shall be placed in a conspicuous place not more than 4 feet above grade on the premises on which work is to be done,
Board of Commissioners’ Meeting Minutes
May 24, 2022
PLANNING COMMISSION RECOMMENDATIONS
Motion by Johnson, second by Bucholz and unanimously carried to approve a Preliminary Plat of
“Gergenbrech Addition”, owned by Rodney & Jill Hagen, consisting of 4 Residential Riparian Lots, 1 Block,
provided a deeded easement for the existing road is recorded prior to filing the final plat, the buildable area
for a dwelling on Lot 4 is on the northeast corner of the lot, and the sewage treatment areas are fenced off
and protected. The proposal is located West of 47703 173^'’ Ave, Section 29 of Scambler Township; Pete Lake
(56-941), NE.
Motion by Johnson, second by Mortenson and unanimously carried to approve a Preliminary Plat of “Rusty
Pelican Shore”, owned by James Teschendorf, consisting of 3 Residential Non-Riparian Lots and 2 Non-
Residential Riparian Lots, 2 Blocks, provided the sewage treatment areas are fenced off and protected and
proposed stairs in block 2 obtain appropriate permits through the County Highway Department and Land &
Resource Management prior to construction. The proposal is located at 51437 Co. Hwy 9, Section 2 of
Scambler Township; Pelican Lake (56-786), GD.
Motion by Bucholz, second by Rogness and unanimously carried to approve a Conditional Use Permit for
Jeffery & Karmen Stramer, property owners of Pt of GL 5, Section 21 of Leaf Lake Township; West Leaf Lake
(56-114), RD. for a permit for a full walk out with approximately 300 cubic yards of fill removed for the walkout
portion of the house which will be removed offsite. A final grading plan addressing potential runoff was
submitted to Land & Resource.
Motion by Mortenson, second by Rogness and unanimously carried to approve a Conditional Use Permit for
David & Peggy Winter, property owners of 13505 485"^ Ave., Section 17 of Effington Township; Block Lake
(56-79), RD, “Winterhaven Resort” to reintroduce the property from seasonal rental cabins to a resort
consisting of six (6) cabins.
FINAL PLAT - EXECUTIVE RESORT CIC
Motion by Johnson, second by Mortenson and unanimously carried to approve the Final Plat known as
“Executive Resorts CIC”, which is a resort being taken out of commercial practice and converted into Common-
Interest Communities (CIC), which is residential plan unit development. The property is located at 45560
Executive Dr., PIN 3700004002100 on Franklin Lake in Lida Township.
OTTER TAIL RIVER 1W1P UPDATE
Land and Resource Director Chris LeClair gave an update from the Otter Tail River One Watershed One Plan
(1W1P) Committee. The committee outlined ten priority goals: phosphorus reduction, sediment reduction,
increase protection, groundwork protection, soil health enhancement, Aquatic Invasive Species (AIS)
prevention and management, aquatic connectivity enhancement, water retention, stream stabilization and E.
coli reduction. With 1600 lakes in the Otter Tail River Watershed, they prioritize lakes; those selected in Otter
Tail County are: Paul Lake. Pickerel Lake, Walker Lake, Big Pine Lake, Little Pine Lake, Long Lake in Verges,
Otter Tail Lake, Pelican Lake, Rose Lake, North and South Lizzie, Sybil Lake, West Battle Lake, Little
McDonald Lake, North and South Lida Lake, Star Lake, and Dead Lake. LeClair is focused on protecting Otter
Tail County’s high quality surface water and is focused on obtaining grants for campgrounds and resorts for
septic system replacement. The 1W1P Committee will now begin to form a plan of action.
OTTER TAILPage 3 of 15 COUNTY • MINNESOTA
PLANNING COMMISSION NOTIFICATION WORKSHEET
iViAcI Pe^^y \f\l.y\VfKApplicant:
Lake:/HfU) II. 111.7^Meeting Date:f
X% Mile (1320’) Conditional Use App % Mile (2640’) Preliminary Plat
*Township / County Roads: Sherry (GtS) will get map, listing, labels (she has an
advanced mapping system), unless it is adjacent to the parcel(s) that run the length of
the road project. Be sure to list the road name(s) and the parcel number(s) involved
with the project on this sheet for Sherry.
Ji-uUlTi , Cityt-
77c'/> ■
llntu 4
In En/-(lof^^s
7 PC- fylt^inhei'S
(iLf l^i'hc-r^
PC:Worksheet Notification 10/2015
otter Tail County, Planning Commission
May 11,2022; Page 2
Jeffery & Karmen Stramer - Approved:
A Conditional Use Permit Application (as stated by the Applicant on the Application): Permit for full
walk out on new house. There will be approx. 300 cubic yards of fill removed for the walkout
portion of the house which will be removed offsite. The proposal is located Pt of GL 5, Section
21 of Leaf Lake Township; West Leaf Lake (56-114), RD.
April 13, 2022 Motion: A motion by Trites, second by Frazier to accept the Applicant’s request
to table to May 11, 2022 to allow submittal of a final grading plan and address potential run
off. Material to be received by Land & Resource by 3:00 pm on April 22, 2022.
Jeff & Karmen Stramer, and Whitney Behny (via Teams) represented the Application,
represented the Application.
All correspondence has been forwarded to the Planning Commission and Applicant for review.
Motion: A motion by Trites, second by Frazier to approve the April 18, 2022 Engineer’s plan
as presented. Voting By Roll Call: All Members in favor.
“Winterhaven Resort”. David & Peggy Winter - Approve:
A Conditional Use Permit Application (as stated by the Applicant on the Application): We are
reintroducing this property from seasonal rental cabins to a mom & pop resort. There will be
no change in the number of dwellings which consists of 6 cabins. The resort will be named
Winterhaven Resort. The proposal is located at 13505 485**^ Ave., Section 17 of Effington
Township: Block Lake (56-79), RD.
David & Peggy Winter and Brad Nyberg, Nyberg Surveying, represented the Application.
All correspondence has been forwarded to the Planning Commission and Applicant for review.
Motion: A motion by Wass, second by Bladow to approve as presented. Voting Bv Roll Call;
All Members in favor.
Adjourn: At 7;21 P.M., Chairman Boyer adjourned the Meeting. The next Meeting is
scheduled for 6;30 P.M. on June 8, 2022.
Respectfully submitted,
Marsha Bowman
Recording Secretary
Marsha Bowman
Marsha Bowman
Tuesday, May 3, 2022 4:02 PM
Rodney Hagen; James Teschendorf; winterflakes16@gmail.com; Brent Frazier; Dave
Trites; David Wass; Judd Fischer; Rick Wilson; Rod Boyer (rboyer@IOretel.net); Tina
Bladow
Schroeder, Scott T (MPGA); Chris LeClair; Ky|e Westergard; Amy Busko
FW: May 11, 2022 Notices of Public Hearing; MPCA Comment(s)
0528_001.pdf
From:
Sent:
To:
Cc:
‘ Subject:
Attachments:
I am forwarding an email received from Scott Schroeder (MPCA) commenting on the applications scheduled
for the May 11, 2022 Planning Commission Meeting. Marsha
Marsha Bowman
Office Administrator
Land & Resource Management
GSC,540WFir
Fergus Falls, MN 56537
Direct 218-998-8099 | Office 218-998-8095
ottertailcountvmn.us
;V
From: Schroeder, Scott T (MPCA) <scott.t.schroeder@state.mn.us>
Sent: Tuesday, May 3, 2022 3:40 PM
To: Otter Tail County Land <land@co.ottertail.mn.us>; Marsha Bowman <MBowman@co.ottertail.mn.us>
Subject: May 11, 2022 Notices of Public Hearing
Hi Marsha,
The Minnesota Pollution Control Agency (MPCA) Detroit Lakes office received the attached notices of public hearing for
the May ll**' Planning Commission meeting. If required, the applicants should obtain and comply with any necessary
permits as applicable, including the National Pollutant Discharge Elimination System (NPDES)/State Disposal System
(SDS) Construction Stormwater permit. Information on the MPCA's Construction Stormwater permitting program,
including who needs to obtain the permit prior to construction, can be found on the MPCA's website
at https://www.pca.state.mn.us/water/construction-stormwater. In general, permit coverage is needed by the owner or
operator of any construction activity disturbing one acre or more of soil, or less than one acre of soil if that activity is
part of a larger "common plan of development or sale" that covers more than one acre. An example of a larger common
plan of development or sale might be a housing subdivision. If required, permit coverage should be obtained prior to
starting construction work. Questions can be directed to the contacts at the bottom of that webpage.
Thank you for the continued opportunity to review and comment.
V Scott
Scott Schroeder | Environmental Specialist
Minnesota Pollution Control Agency (MPCA)
Northwest Watershed Unit | Watershed Division
Direct; 218-846-8134 | Office Main: 218-847-1519
r,1
scott.t.schroederOstate.mn.us | www.pca.state.mn.us
Our mission is to protect and improve the environment and human health.
NOTICE: This email (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. This email
may be confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention,
dissemination, distribution, or copying of this communication is strictly prohibited. Please reply back to the sender that you have
received this message in error, then delete it. Thank you.
2
LAND & RESOURCE MANAGEMENTOTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537COUNTY - MINNESOTA
OTTER TAIL COUNTY PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
APPLICANT:David W & Peggy J Winter
13505 485*>’ Ave
Parkers Prairie MN 56361
HEARING DATE/LOCATION: May 11.2022, at 6:30 P.M.**
Commissioner's Room
Government Services Center
500 West Fir Ave
Fergus Falls, MN 56537
CONDITIONAL USE PERMIT APPLICATION REQUEST (as stated by the Applicant on the
Application): We are reintroducing this property from seasonal rental cabins to a mom & pop
resort. There will be no change in the number of dwellings which consists of 6 cabins. The
resort will be named Winterhaven Resort.
LAKE NAME/NUMBER/CLASS: Block Lake (56-79), Recreational Development (RD)
E-911 ADDRESS: 13505 485"’ Ave, Parkers Prairie, MN 56361
LEGAL DESCRIPTION: Pt GL 6, Section 17 of Effington Township
** Weather Conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls
Radio Stations or contact the Land & Resource Management Office, by 4:30 p.m., for possible rescheduling of the Hearing,
The applicant and/or applicant’s agent must be present at the public hearing or participate virtually to present the
application. A link to the virtual meeting \will be provided on the Land & Resource website seven days prior to the
public hearing.
Public comments regarding this application expressed by mail or emailed to land@co ottertail mn,us must be
received by 12:00PM the day before the public hearing date. Members of the public wishing to observe and/or make
comments at the public hearing may be present at the public hearing or participate virtually
Individuals with questions or requiring special accommodations should contact the Land & Resource
Management Office, 218-998-8095, prior to the hearing.
Rod Boyer April 27, 2022
Mailing DateChairman Planning Commission
LAND & RESOURCE MANAGEMENT
OTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537COUNTY - MINNESOTA
OTTER TAIL COUNTY PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
APPLICANT:David W & Peggy J Winter
13505 485‘^^ Ave
Parkers Prairie MN 56361
HEARING DATE/LOCATION:May 11, 2022, at 6:30 P.M.**
Commissioner's Room
Government Services Center
500 West Fir Ave
Fergus Falls, MN 56537
CONDITIONAL USE PERMIT APPLICATION REQUEST (as stated by the Applicant on the
Application): We are reintroducing this property from seasonal rental cabins to a mom & pop
resort. There will be no change in the number of dwellings which consists of 6 cabins. The
resort will be named Winterhaven Resort.
LAKE NAME/NUMBER/CLASS: Block Lake (56-79), Recreational Development (RD)
E-911 ADDRESS: 13505 485‘^ Ave, Parkers Prairie, MN 56361
LEGAL DESCRIPTION: Pt GL 6, Section 17 of Effington Township
** Weather Conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls
Radio Stations or contact the Land & Resource Management Office, by 4:30 p.m., for possible rescheduling of the Hearing.
The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the
application. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the
public hearing.
Public comments regarding this application expressed by mail or emailed to land@co.ottertail.mn.us must be
received by 12:00PM the day before the public hearing date. Members of the public wishing to observe and/or make
comments at the public hearing may be present at the public hearing or participate virtually.
Individuals with questions or requiring special accommodations should contact the Land & Resource
Management Office, 218-998-8095, prior to the hearing.
Rod Boyer April 27. 2022
Chairman Planning Commission Mailing Date
Otter Tail County Visit the County Website
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I OWNER/DEVELOPER
DAVID a PEGGY WINTER 13505 405THAVE
PARKERS PRAIRIE, MN 66301
PHIM952) 300-6177
OPEN SPACE CALULATIONSIMPERVIOUS AREA CALCULATIONS
Tterl SURVEYOR
BRAOM NYSERQ NYBERG SURVEYING INC.
509 22ND AVE E. SUITE 101
ALEXANDRIA, MN 56306
PH# (320> 762-4111
Tier 1
142,907 S.F. Open Space
/164.513S.F. In Tier 1
86,9% Open Space
10,507 S.F, Buiidings/Decks
10,612 S.F, Gravel/Concrete/Pavers
487 S.F. Msc/Landscapinq
21,606 S.F, Impervious
/164.513 S.F. In Tierl
13.1% Impervious
WETLANDS
Tier 2
13,653 S.F. Open Space
/13.898 S.F. In Tier 2
98.2% Open Space
NONE
VEGETATION
GRASS
Tier 2 ZONPIG245 S.F. Gravel
245 S.F. impervious
/13.989 S.F. In Tier 2
RDS
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PARCEL NUMBERS2100017011200210001701120041.8% Impervious 4 90
TOWNSHIP
Total resort impervious area: 12.2%EFFINGTONeMPIACE MON MONUMENT BLUFFSofcaAA WITH nAETi:17 MON C4P9TJM i*n.S4«396’DENSITY CALCULATIONS NOite
WATER SUPPLY
PRIVATE INOIViOUAL WELL( )NECORODATA
Tierl CD ORAVa.
164,513 S.F. Usable Area
X 0.054 S.F. Ratio (1.000 S.F. Unttt 6,684
/1,000 S.F. Unit
8.8 Units x1.5(Muttipier)
13.3 Units Allowed (6 Proposed)
SEWER
PRIVATE INDIVIDUAL CLUSTER SEPTIC SYSTEM[ZD
PROPERTY ADDRESS
13505 465TH AVE
PARKERS PRAIRIE. MN 56361
PAVCM
□LANCMCAPE ROCX COVENANTS
NONE AT THIS TIME
LEGAL DESCRIPTION <APPROXM>ATE>
4.10 ACRES LYING WITHIN GOV LOT 6
SEC. 17 T 131 N R 38 W OTTER TAIL COUNTY MNTIER 2
13,896 S.F. Usable Area
X 0.054 S.F. Ratio (1.000 S.F. Unit)SEC. 17 T131 N R38W750
I hw«by certify that thw survey, plan or report was
praperad by crte or under my direct supenMion end
Ihel lama (he lawa ol
/1.000 S.F. Unit
.75 UNITS
X 2.0 (Muttipiler
1.5 Units Allowed (0 Proposed)
SURVEYOR'S NOTES:
The average floor are of the 6 units is 1,000 S.F.
Therefor the ratio used in the Density Calculations is 0.054
DATE: 4/19/2022 • DRAWN BY: JSM • CHECKED: 8MN • iOB NO 11151duly Ra^Btared Lend Surveyor under
Ihe Slate ol Mmneeota.DAVID WINTERREQUESTED BY:
pr«19tn. 2022
509 22ND AVE. EAST, SUITE 101
ALEXANDRIA, MINNESOTA S6308
PH (320)762-4111 WWW nybergsurveymg.oom
The DNR has not established an Ordinary High Water Elevation on
Block Lake IB IMvberxiSURVEYIIUQ
.Uoenae No. 42620
Dale
*■
CERTIFIED
COPY DISTRICT COURTSTATE OF MINNESOTA
SEVENTH JUDICIAL DISTRICT
CASE TYPE: QUIET TITLE
Court File No. 56-CV-13-2201
Assigned Judge:
COUNTY OF OTTER TAIL
David W. Winter and
Peggy J. Winter,
Plaintiffs,
vs.
Joseph P. Suchy, Vincent A. Cichy, Alfred J. K.oep,
George T. Koep, Irene Koep, Kenneth H Benzinger,
Marie Benzinger, Marie H. Benzinger and Victor I.
Benzinger, as Trustees of the Marie H. Benzinger
Trust created by a Trust Agreement dated March 29,
1996, Lonnie J. Benzinger, Nancy A. Benzinger,
Robert W. Goshen, Elsie A. Goshen, Conrad A. Roers,
Margaret R. Roers, John J. Kiick, Florence Klick,
Joseph P. Miller, Betty Miller, Nick Revering,
Florence Revering, Raymond N. Klimek, Elizabeth
Klimek, Gary D. Schmidt, Lynne M. Schmidt,
William C. Johnson also known as William Curtis
Johnson, and Patricia A. Johnson also known as
Patricia Ann Johnson, also the unknown heirs of
Joseph P. Suchy, Vincent A. Cichy, Alfred J. Koep,
George T. Koep, Irene Koep, Kenneth H. Benzinger,
Marie Benzinger, Marie H. Benzinger and Victor I.
Benzinger, as Trustees of the Marie H. Benzinger
Trust created by a Trust Agreement dated March 29,
1996, Lonnie J. Benzinger, Nancy A. Benzinger,
Robert W. Goshen, Elsie A. Goshen, Conrad A. Roers,
Margaret R. Roers, John J. Klick, Florence Klick,
Joseph P. Miller, Betty Miller, Nick Revering,
Florence Revering, Raymond N. Klimek, Elizabeth
Klimek, Gary D. Sclunidt, Lynne M. Schmidt,
William C. Johnson also known as William Curtis
Johnson, and Patricia A. Johnson also known as
Patricia Ann Johnson; and all other persons unknown
claiming any right, title, estate, interest or lien in the
real estate described in the complaint herein.
DEC 12 2(113
GOltriTADMINIStTiATOROTTERTAILCOUNTY.MINK.
<10
JUDGMENT
J
Defendants,
The ■ above-entitled cause of action came on to be heard before the - Honorable
II
Chambers of the Courthouse in the City of Fergus Falls, County of Otter Tail, and State of
Minnesota, on the i6 day of December, 2013.
, one of the Judges of the above-named Court, at the
Robert W. Bigwood, of the firm of Pemberton, Sbrlie, Rufer & Kershner, P.L.L.P.,
IIGNorth Mill Street, Fergus Falls, Minnesota, appeared ais attorneys for the plaintiffs, and
none of the defendants appeared either in person or by an attorney, and all of the defendants.
whether named or unnamed, the unknown heirs of each and all of the aforesaid named persons if
any thereof are deceased and all persons unknown claiming any right, title, estate, interest or
lien on said real estate described in the complaint herein are in default for want of an answer or
appearance.
It having been made to appear to the satisfaction of the Court that the Summons in said
action has been duly served upon all defendants in the manner required by law and that more
than twenty (20) days have elapsed since the day of said service and that none of the defendants
have appeared and the Court having heard the evidence produced in behalf of the plaintiffs and
after reading the pleadings in the above-entitled cause of action and after due consideration of
the above, the Court did make and file the Findings of Fact, Conclusions of Law and Order for
■ludgment.
NOW, THEREFORE, to conform to said Findings of Fact, Conclusions of Law and Order
for .Judgment it is hereby ORDERED, ADJUDGED AND DECREED, BY THE COURT;
-2-
• ♦.
That the plaintiffs herein are owners as joint tenants in fee simple absolute and are1,
entitled to and are in possession of the following described real estate, to-wit;
That part of Government Lot Six (6) of Section Seventeen (17), Township One
Hundred Thirty-one (131) North, Range Thirty-eight (38) West, Otter Tail
County, Minnesota, described as follows:
Commencing at the Southeast corner of said Government Lot Six (6); thence
North 00°00’00'' East, assumed bearing along the East line of said Government
Lot Six (6), a distance of 104.00 feet to the point of beginning of the land to be
described; thence continuing North 00°00'00" East, along said East line of
Government Lot Six (6), a distance of 11.50 feet; thence North 84°49'24" West,
along the monumented North line of that parcel described and recorded in
Book 382, Page 589 of Deeds, a distance of 99.00 feet; thence North 03°21'06"
West 438.00 feet more or less to the shore line of Block Lake; thence westerly,
southwesterly, and southeasterly along said shore line 700.00 feet more or less to
a line bearing North 84°49'24" West from the point of beginning; thence South
84°49'24” East 372.00 feet more or less to the point of beginning. The tract
contains 3.0 acres more or less.
Together with a 16.50 foot easement for access purposes over, under and across a
portion of said Government Lot Six (6), The center line of said easement is
described as follows: Commencing at the Southeast comer of said Government
Lot Six (6); thence North, assumed bearing, along the East line of said
Government Lot Six (6), a distance of 241.50 feet to the point of beginning of the
line to be described; thence North 80°55’00" West 108.08 feel to the East line of
the afore described 3.0 acre tract and there terminating. The side lines of said
easement shall be prolonged or shortened to terminate on the said East line of
Government Lot Six (6) and on the East line of the afore described 3.0 acre tract.
That the above described real estate is subject to a mortgage from plaintiffs to2.
Midwest Bank, dated June 24, 2013 and recorded June 27, 2013 in the office of the Otter Tail
Count}' Recorder, Otter Tail, Minnesota, as Document No. 1129802.
That the above described real estate is subject to a flowage easement to the Staten
of Minnesota, dated March 23, 1954, and recorded March 24, 1954, in Book 28 of Miscellaneous
on page 187.
-3 -
*. ,
That the defendants and each and all of them, known or unknown, named dr4.
unnamed, and the unnamed heirs qf each of the parties deceased, named in this action, and all
1.other parties are adjudged to have no right, title, estate or interest in and to said real estate or lien
thereon.
BY THE COURT:
Court Administration -
Dated: . M(l/2
r~~'DOC# 1138184 1138184
Fee: $46.00
Certified, Filed, and/or Recortled; Well Certificate [ ] Rec'd
December 17, 2013 10:10AM
OFFICE QF COUNTY RECORDER
OTTER TAIL COUNTY, MINNESOTA
Brian Armstrong, Recorder
Returned To:
PEMBERTON SORLIE RUFER 1KERSNNER FERGUS FALLS
JIONORTH MILL STREET
PO BOX 866FERGUS FALLS. MN 58538-0066 By: NDB
* f
TRANSFER ENTERED STATE OF MINNESdjA
COUNTY OF OTTEITXAIt-:*>> •W. Certified to bea^ttea^lli()tf““
originaljdnDa1flri:£bq?(Year)
Wayne Stein, County Auditor m
- 4 -By:~i-0epu^
Deputy
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY, GOVERNMENT SERVICES CENTER, FERGUS FALLS, MN 56537
STATE OF MINNESOTA )
) ss
COUNTY OF OTTER TAIL )
I, Marsha Bowman, duly appointed and Acting Secretary of the Otter Tail County
Plannin^Commission for Otter Tail County, Minnesota, do hereby certify that on
the_^n_i_day of_________,_2020, the attached Notice of Hearing and was duly
served upon the following:
County Sheriff
County Highway Engineer
Courthouse
Otter Tail COLA, 4302 Ave S Ste. 4-333, Fargo, ND 58103
MPCA, 714 Lake Ave., Suite 220, Detroit Lakes, MN 56501
DNR, Julie Aadland, Div. Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537
Shawn Donais, DNR, Trails & Waterways
Jim Wolters, DNR, Div. of Fisheries
Mike Oehler, DNR, Div. of Wildlife
Planning Commission Members
(The above receive all Notices)
Lake Improvement District (if project is located on their lake, mail Notices to the Lake Improvement District)
, PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
bittte-MeBonald,. Kerbs & Paul: LMKP Lakes Imp, Dist., PO Box 133, Perham, MN 56573
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Policon, Tibi I, Bass & Little Pelican. Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South-Turtle Lake;—South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
^ame
Envelope
City Clerk (if located within 2 miles of a city)
MNDOT Dist. OfficerlOOO Hwy 10 W, Detroit Lakes, MN 56501 (if located on a State or Fed Hwy)
Adjacent County Zoning Administrator (If the County is in the “Buffer) - check their website for name/address
~Becker County Auditor (notify in addition to their Zoning Administrator) - check their website for name/address
Dr> nnt notify individuals within a City Limit
Cyownshipi^leij^Lake /Association, suryS^or (if appropriate),
aria'those listed on the attached sheet....
by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and by
depositing them in the U.S. Mail at Fergus Falls, MN, properly addressed to each of the
above named at the addresses shown above.
Secretary
If parcel owner is “USA", mail to Fish & Wildlife Service, 18965 Co. Hwy 82, Fergus Falls, MN 56537
If parcel owner is “DNR”, ignore as they are receiving a notice as stated above
If parcel owner is “St. of MN. 375 Centennial Bldg. Spec Asst, to Atty General St. Paul, MN “, mail to
DNR Lands & Minerals 2115 Birchmont Beach Rd NE Bemidji, MN 56601
l:\PC\Affidavit Orig 2018
''vl
1Buffer Parcels !•*
Parcel No Addrl Addr2 Citv St ZioName 1 Name 2
Prior Lake MN 55372 921721000160098000 Trent J Wangerin 21001 Prairie Hills Ln
21000160100001 Eagle Point LLC Parkers Prairie MN 56361 469652293 County Highway 6
21000160101001 Leroy & Connie Nordlund Parkers Prairie MN 56361 488448574 County Highway 6
21000160101002 Wade A & Julie J Stottler Parkers Prairie MN 56361 488548828 County Highway 6
21000160102001 Wade A & Julie J Stottler Parkers Prairie MN 56361 488548828 County Highway 6
Parkers Prairie MN 56361 469621000160103000 Lonnie Benzinger 52293 County Highway 6
21000170111000 Glen & Katherine Suchy Vining MN 56588 953847499 135th St
21000170111001 Arnold B Thoennes Jr Parkers Prairie MN 56361485111642 478th Ave
21000170112000 Patricia A Johnson Big Lake MN 55309 0731 Powell St N
21000170112001 David W & Peggy J Winter Parkers Prairie MN 56361489013505 485th Ave
21000170112003 Jerry L & Angie J Moen Henning MN 56551 934428249 State Highway 108
21000170112004 David W & Peggy J Winter Parkers Prairie MN 56361489013505 485th Ave
Page 1 of 1Tuesday. Aoril 26. 2022
Buffer Mail
Address iName City, State, ZipAddress 2
Arnold B Thoennes Jr 11642 478th Ave Parkers Prairie MN 563614851
Lonnie Benzinger 52293 County Highway 6 Parkers Prairie MN 563614696
Eagle Point LLC 52293 County Highway 6 Parkers Prairie MN 56361 4696
Patricia A Johnson 731 Powell St N Big Lake MN 55309 0
Jerry L & Angie J Moen 28249 State Highway 108 Henning MN 565519344
Leroy & Connie Nordlund 48574 County Highway 6 Parkers Prairie MN 563614884
Wade A & Julie J Stottler 48828 County Highway 6 Parkers Prairie MN 56361 4885
Glen & Katherine Suchy 47499 135th St Vining MN 56588 9538
Trent J Wangerin 21001 Prairie Hills Ln Prior Lake MN 55372 9217
David W & Peggy J Winter 13505 485th Ave Parkers Prairie MN 56361 4890
Tuesday, April 26, 2022 Page 1 of 1