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37000991361000_Conditional Use Permits_12-14-2022_Bass Harbor Storage LLC
OTTER TAIL COUNTY Conditional Use Permit # Owner’s Name C?^S5 Vjt^^ Property Address Location: Lake ^ Twp. I UdieuRange Twp. Name t^fe(,OOQ Work Authorized: ^ fmvftwctliru SterMe l/ntt fv;6 COM.|AiSS»^ >|€e1ii^ » "lIaft$$Dnc ‘ iv^ea-i Irr*\1 4-f5HS"Z<&2.^Valid:xpires: Land and Resource Marihgement Official / Date IS1. Entire area shall be stabilized within 10 days of the completion of any earthmoving unless othenwise 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. 1 W A MA A Sm A «>J am mm«mI a m m4 •*> RECEIVED MN 2! 2023 -AND & RESOUBCt 1287871 Date Received / Date Stamp LYNN R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 01/24/2023 02;56 PM FEE: 46.00 PAGES 4 -^FnFlVED NOV ? ^ 2022 7 ^^FSOUPC p s CiR Initial TTTn? j. l-H ' rTHE 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 JfeQ6>OQ ZQ7.Z. - 6^Application Fee _ Receipt Number Reviewed / Accepted By; Date or- J^C/i RANGE 37^t 1 tStart 1^1 cxio DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS 5'c^<VF7E-MAIL ADDRESS t7)LAKE CLASSLAKE NAMELAKE NUMBER U'«»-9 TOWNSHIP NAMETOWNSHIPSECTION E-911 ADDRESS PARCEL NUMBER LEGAL DESCRIPTION ZO- tr (km O Please Check The Appropriate RequestsI i/f^La^ 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. Lu.F^ Z.O^‘L-003 ZoZ.*2- U^daJ-C Ltu^ 6UL.V- '*■ CMj Conditional Use Permit Application / Page 2 is Htm hcY Sh^a ^Property Owner:. I Understand That Approval Of This Request Applies Only To The Use Of The Land. I Also Undej;^and That Other Permits May Be Required; It Is My Responsibility To Contact Land & Resource // Management Regarding This Matter. ' DATE /yf OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Daterrime Of Hearing) OFFICE USE ONLY TimeDate Of Planning Commission Hearing Planning Commission Recommendation A motion by Fischer seconded by Trites to approve the request to amend Conditional Use Permit No. 2022-003 issued May 18, 2022, to update the building layout of units 2 through 17. Voting: All Members in favor. Chairmar /Otter Tail/County PlanningtCommission County Board Action X Denied As RecommendedApproved As Recommended Other Chairmar^tter T^County Board ofC'Date of Final Actionommissioners rx MMl / - Zo -CONDITIONAL USE PERMIT # L & R Official/D'ate, Permit(s) required from Land & Resource Management X NoYes (Contact Land & Resource Management) toCopy of Application Mailed to Applicant, Co. Assessor and MN DNR LffR Officlal/Date CUP App 09-29-2021 Letter Sized LAND & RESOURCE OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA STATE OF MINNESOTA COUNTY OF OTTER TAIL CONDITIONAL USE PERMIT NO. 2023-001 In the matter of: A request for a Conditional Use Permit submitted by Bass Harbor Storage LLC to Update Conditional Use Permit No. 2022-003 issued May 18, 2022. Requesting to update the building layout and the driveway configuration. The Otter Tail County Shoreland Management Ordinance requires a Conditional Use Permit to update the building layout in a Non-Dwelling PUD. The above-entitled matter was heard before the Otter Tail County Planning Commission on the 21st day of December 2022 and granted by the Otter Tail County Board of Commissioners on the 10th day of January 2023, on the request for a Conditional Use Permit pursuant to the Otter Tail County Shoreland Management Ordinance for the following property: PROPERTY ADDRRESS:43915 Bass Harbor Road, Pelican Rapids MN 56572 PARCEL NUMBER:37000991361000 LAKE NAME/NUMBER:Lida Lake (56-747), General Development (GD) Lots 20 - 25 BIk 1 of Palms of Lida 1®' Addition, Section 9 of Lida Township LEGAL DESCRIPTION: (^) ottertailcountymn.us218-998-8095 OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER LIVE YOUR best life HERE. IT IS ORDERED that Conditional Permit No. 2023-001 be granted to amend Conditional Use Permit No. 2022-003 issued May 18, 2022 to update the building layout of Units 2-17. STATE OF MINNESOTA ) ) ss. LAND AND RESOURCE MANAGEMENT COUNTY OF OTTER TAIL) I, Chris LeClair, Director of the Otter Tail County Land and Resource Management department, do hereby affirm that I have compared the foregoing document and Order granting this Conditional Use Permit with the original Planning Commission minutes thereof preserved in my office and the Otter Tail County Board of Commissioners action on the permit and have found the same to be a correct and true transcript of the permit thereof. This permit shall be issued in accordance with and subject to the conditions of the plans, maps, designs, and all other documents referenced in the provisions of the permit between Otter Tail County and the applicant(s). Dated this day of 2023 Chris LeClair, Director Otter Tail County Land and Resource Management Drafted by: Otter Tail County Land and Resource Management 540 W. Fir Avenue Fergus Falls, MN 56537 Board of Commissioners’ Meeting Minutes January 10, 2023 the construction of approximately a 4,535-foot-long road with 6,610 cubic yards of excavated material and 1435 cubic yards of imported material, with approximately 800 feet located within 300 feet of the Pelican River, located at Lot 1 of Dunn Acres located off South Pelican Drive, Pelican Rapids, MN, Section 20 of Dunn Township; Non-Shoreland & Pelican River (56-PR) AG, with a condition that the septic areas be protected and fenced off. Motion by Mortenson, second by Lahman and motion carried with Johnson abstaining to accept the request for withdrawal of the Conditional Use Permit Application to add 20 RCU’s to the existing Kohler-Strom’s Resort easterly of CSAH 31 and centralize the existing dock system with 13 slips, located at 51021 Fish Lake Rd., Detroit Lakes, MN, Sections 2 & 11 of Dunn Township, Pelican Lake (GD). Withdrawal request was made by Nate Hunter and Stroms Holding LLP with plans to resubmit in the Spring of 2023. Motion by Rogness, second by Mortenson and unanimously carried to approve an update to the Conditional Use Permit issued May 2022 for Bass Harbor Storage for a change to the building layout and driveway configuration, located at 43915 Bass Harbor Rd., Pelican Rapids, MN, Section 9 of Lida Township. FINAL PLAT Motion by Mortenson, second by Bucholz and unanimously carried to approve the Final Plat known as “Hull Creek Addition”, which is a plat consisting of 5 Residential Non-Riparian Lots attached to 5 Non-Residential Riparian Lots 2 Blocks, in Girard Township; West Battle Lake (56-239), GD. PUBLIC HEARINGS RELATED TO SINGLE-FAMILY TAX REBATE PROGRAM Motion by Rogness, second by Mortenson and unanimously carried to approve the proposed list of 2023 Public Hearing dates regarding the Single-Family Tax Rebate Program as presented. Notices of the public hearings will be published as each hearing date approaches. AUTHORIZATION OF PAYMENT TO PARK REGION/OTTER TAIL TELCOM Motion by Mortenson, second by Rogness and unanimously carried to authorize payment to Park Region Otter Tail Telcom for Border-to-Border Project expenses to allow for continued project advancement. A $2.0-million match was authorized in July of 2022 and this payment is part of that match. The Board previously passed Resolution No. 2022-68 authorizing the use of American Rescue Plan Act Funds to leverage state grants supporting local broadband providers. This Park Region Otter Tail Telcom project targets a geographical area of Otter Tail County that currently has limited communications infrastructure. The project also is receiving state grant funds, which will be matched by the County's $2.0 million. GENERAL DISCUSSION - COMMITTEE ASSIGNMENTS Discussion was held regarding the Board of Commissioners’ 2023 Committee Assignments. With new appointments and assignments to committees there was discussion regarding updating appropriate contacts with the new 2023 committee assignments. ENGINEERING SERVICES AGREEMENTS Motion by Lahman, second by Bucholz and unanimously carried to authorize appropriate County Officials’ signatures for the agreement between Otter Tail County and Interstate Engineering, Inc. for Bridge L9648 Replacement Project services as presented by the County Engineer. Page 3 of 10 OTTER TAIL COUNTY - MINNESOTA Otter Tail County, Planning Commission December 21,2022; Page 2 The proposal is located by using Lot 1 of Dunn Acres located off South Pelican Drive, Pelican Rapids MN, Section 20 of Dunn Township; Non-Shoreland & Pelican River (56-PR) AG. Joshua Pfeffer (Meadow Land Surveying) and Brian Strommen (TNT Holdings) & Terry Murphy (TNT Holdings) represented the Preliminary Plat Application and the Conditional Use Permit Application. The audience was polled with no one speaking for or against the Preliminary Plat or Conditional Use Permit request. Motion: A motion by Trites seconded by Wilson to approve the Preliminary Plat and Conditional Use Permit as presented with the condition that the septic areas are protected/fenced off. Voting: All Members in favor. Nate Hunter - Stroms Holding LLP - Application Withdrawn: Conditional Use Permit Application Request to add 20 RCU’s to the existing Kohler-Strom’s Resort easterly of CSAH 31 and centralize there existing dock system with 13 slips. The proposal is located 51021 Fish Lake Rd., Detroit Lakes MN, Section 2 & 11 of Dunn Township, Pelican Lake (GD). An email was received from Nate Hunter indicating that he would like to withdraw the Conditional Use Permit Application request with plans on resubmitting in the spring. Motion: A motion by Wilson seconded by Bladow to approve the request to withdraw the Conditional Use Permit Application. Voting: All Members in favor. Bass Harbor Storage - Application Approved: Conditional Use Permit Request: Request to update Conditional Use Permit No. 2022-003 issued May 18, 2022. Requesting to update the building layout and driveway configuration. The proposal is located at 43915 Bass Harbor Rd., Pelican Rapids MN, Section 9 of Lida Township. David Sogn (Secretary of Bass Harbor LLC Storage Unit) represented the Conditional Use Permit Application. David spoke regarding how the association functions and the process for applying for permits within the LLC. The audience was polled with no one speaking for or against the Conditional Use Permit Application. Motion: A motion by Fischer seconded by Trites to approve the request to amend Conditional Use Permit No. 2022-003 issued May 18, 2022, to update the building layout of units 2 through 17. Voting: All Members in favor. Adjourn: At 7:09 P.M., Chairman Boyer adjourned the Meeting. Respectfully submitted, Amy Busko Recording Secretary LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA January 23, 2023 Bass Harbor Storage 7620 Adelman Dr Horace ND 58047 RE: Conditional Use Permit Application, Lida Lake (56-747) To Whom it May Concern: On December 21, 2022 the Planning Commission approved your request to amend Conditional Use Permit No. 2022-003 issued May 18, 2022 to update the building layout of units 2 through 17. On January 10, 2023 the County Board approved your request as recommended by the Planning Commission. Enclosed please find your Conditional Use Permit No. 2023-001. If you have any questions, please contact this Office. Sincerely, Office Manager Enclosures Cc: David Sogn - Secretary of Bass Harbor LLC Dave. Sogn@stratacorporation. com ottertallcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 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;Bass Harbor Storage 7620 Adelman Dr Horace ND 58047 HEARING DATE/LOCATION:December 14, 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): Update Conditional Use Permit No. 2022-003 issued May 18, 2022. Requesting to update the building layout and the driveway configuration. LAKE NAME/NUMBER/CLASS: Lida Lake (56-747), General Development (GD) E-911 ADDRESS: 43915 Bass Harbor Rd., Pelican Rapids MN 56572 LEGAL DESCRIPTION: Lots 20 - 25 BIk 1 of Palms of Lida 1®* Addition, Section 9 of Lida 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 November 30, 2022 Chairman Planning Commission Mailing Date c.c>.?- -F|^>s>~- 'Zj^p ( +93rf2 Q(OT26 LOT 2 <ioO o-OT2T K g tt ob lot 3 share A OQro-tW.75 Q£ <X LOT 4 SNARE 0 CO<0i<te CQ LOT 5 SHARED TJB.97 LOTS SHAREDo L0T1 L0\18 .OT19' OT22 .OT 23 I.OT24 lLOT 25 5OT26 .OT27 IOTI: LOT AREAS FOR BASS HARBOR LOT LOT IMPERVIOUS IMPERVIOUS DRIVE WIDTH DRIVE LENGTH DRIVE AREA AREA(SF) TOTAL(%) 240 18240 4240 240 4240 4240 4240 4240 4240 4240 AREA (SF) AREA (ACRES) BLDG AREA 62326 12506 9663 9974 10478 10615 10087 11067 3855 LOT# 18000 4000 1.43 12 201 29% 2400.29 122 20 34% 4000 1230.22 20 44% 0.23 4000 12 204 240 43% 12 200.24 40005 240 40% 2060.24 4000 12 240 40%I40001270.23 20 240 42%i201280.25 0.09 4000 1500 1800 240 240 1740 38% 12 209 45% 460610 0.11 12 20 240 2040 44% 125445 0.13 2400 2011 240 2640 2940 240 2040 48% 0.14 1262812700 1800 12 20 240 47% 4434 12 12 13 0.10 20 46% ;■■■ 5637 1800140.13 20 240 2040 36% 51%3981 0.09 1800 12 2015 240 2040 473916 0.11 1800 12 20 240 2040 2040 43% 7380 0.17 12171800 20 240 28% 3200 38%9027 0.21 ^0.14 0.14 1218 20 240 3440 6000 18 216 3416 3416 3416 , 216 3416 18 216 3416 3416 3416 :3200 1219 57% 21612600020320018 57% 6000 120.14 3200 18 21621 57% . 57% 57% 22 6000 12 . 12 32000.14 18 6000 0.1423 3200 57%0.14246000 3200 12 18 216 0.14 12256000 3200 21618 57% 6000 0.14 12263200 216 341618 57% 57% ■6000 0.14 3200 1227 18 216 3416 198001650 1980033000 279101 0.76 12 60%ROADWAY TOTAL LOT AREA TOTAL IMPERVIOUS AREA GRASS AREA WETLAND AREA TOTAL AREA 121464 203458.00 324840 807399 OVERALL % IMPERVIOUS WITH WETLAND OVERALL % IMPERVIOUS WITHOUT WETLAND 15% 25% OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENTPUBLIC WORKS DIVISION ottertailcountvmn.usOTTCRTAJI GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Minnesota Statue 15.99 WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT I understand that, due to extenuating circumstances, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my property/project (Tax Parcel # /OOQ ), described on Application(s) datedCl/ Pmy V Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of receipt of my completed Application(s). Check One: I agree to waive Minnesota Statute 15.99 (60-Day Rule) in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action on my application(s). I—I I do not agree to waive Minnesota Statute 15.99 (60-Day Rule), and I understand that in the absence of waiving Minnesota Statute 15.99 (60-Day Rule), the County may have no alternative but to deny my application(s). DATED PROPERTY OWNER LR Forms Waiver 60 Day Rule No Dates 03-18-2020 PURCHASE AGREEMENT as c>ri)ecember, 2022. bs and bcissccnI I IIS AORI'I >11 r, made and emered into this Robert .1. Stroh and Lois K. Stroll, 2-1701 Tonseth 1. n, F. rhard. IVl N 5 6 5 3 4 heieinafter called ''Sld.l.t;R(S)" or "OWNI-RtSl" and. .Scott A d e t ni a n . 7620 Adelman Dtivc, Horace. Nl) .58047 hereinarier called "HHYKR(S)" or "PI IRt'l lASr.R(S)", Witnesseth: In consideration of the premises and conditions herein contained, the Sellerts) agree to sell and the Uu)er(s) agree to purchase upon the terms and conditions hereafter set forth the following described real properly owned by the Sellei(s) and located in Otter fail County. State Minnesota and legally described as follows: Part of tiovemment Lots six & seven (6. and 7), Palms Lida Lirst Addition Subdivision to he surveyed for specitlc dimensions as retlected in Lxhibil A containing not less than 4d,()(H) sq. IL. I. I he total selling price shall be fwenty-tlve thousand and no/lOO ($2.S,()00.00) DOLl.ARS due in cash at closing. a. Subject to Special Condition Contingencies outlined in Section 12. 2. Prior to closing, ownerts) shall provide the abstracts in the Seller’s possession to the Buyer(s) to said described real estate as of this date or subsequent along with any costs and expen.ses of curing title objections. Zoning ordinances, special assessments, building and use restrictions and reservations in federal patents and state deeds shall not be deemed encumbrances or defects. 3. Buyeris) shall pay for all costs of preparing the warranty deed and updating abstracts. 4. Buyer shall pay the cost of surveying and if neces.sary the co.sl to replat, title e.xainination fees including premiums for title insurance obtained for or by Buyer of Buyer’s lender, all costs of inspecliotts. reports or the like in conjunction w ith Buyer’s due diligence. 5. If owner's title is not insurable or free of defects and cannot be made so within thirty (30) days aRer notice containing a written statement of defects is delivered to owner(s), then said earnest money shall be refunded and all rights of the purchascr(s) terminated, except that piirchaser(s) may waive defects and elect to purchase, llow-ever, if said sale is approved by the ownerts) aiul the o\\tter(s) title is insurable or marketable and the purchaser(s) fails, neglects, or refuses to complete purchase and to make payments promptly, as above set forth, then the owner(s) shall be paid the earnest money so held in escrow as liquidated damages for such failure to consummate the purchase, which payment shall not constitute att election of remedies or prejudice owner's rights to pursue any and all other retnedies against purchaser(s). including, but not limited to, specitlc performance. 6. Sellcrts) shall pay 202,1 and prior years real estate taxes and installment of special assessments. 7. Sellcrts) shall convey the property to Buyer(s) by Warranty Deed free and clear of all encumbrances, e.xcepting special assessments, easements, ordinances and restrictions of record. Biiyer(s) shall pay for prepaiatioit of this Warranty Deed. Buyeris) shall pay the cost of I iccoriling llic VVarnml) Deal X llti)er(s) iicknowleilge that l$u>er(s) have had Ihe (ipportimilv lo hill) revicvv and inspect the Siihjeel I’reiiiises. Hu)er(s) rurlher ackno\\ledges that except as expressly provided otherwise herein, and specilieally in paragraph 12 below. Uuyer(s) are purchasing Ihe Subjecl Premises without warranty or representation by Seller(s) ol'any kiiul or niilure; and Huyer(s) are purchasing the Suhjeci Premises in an ASIS. WIIKR1--AS. VVI ril-Al.I.-l AlU IS-AND- VIRIDPS. b. Closing dale shall be at such lime as the parlies mutually agree I'ollowing Ihe satist'aclion ol'lhc conlingency set torlh in paragraph 12 below, bul in no event later than March } 1.202.3. I he parties may mutually agree, in writing and at any lime, to an earlier closing dale. 10. The closing and delivery ol'all such documents shall lake place at the of'tice ofthe N.l'. Field Abstract Company (the "Closing Agent”) located at 424 FiasI Mill Avenue, Pelican Rapids, MN . Should a closing lee be charged on this transaction, Liuyer(s) and Seller(s) will split this tee. Buycr(s) will pay any and all fees other than those sped lied herein in connection with the purchase ot'lhis properly. ll.Sellerts) represents that Seller(s) has had no notice trom any governmental body of any violations of building codes or other regulations which remain unremedied at'lecling the subject properly as ofdate ofsigningorihis contract. 12. Special conditions; I'his Agreement is contingent upon the I'ollowing conditions: a) Seller and Buyer agreeing to the propo.sed NE property line of approximately 83.2 yds and that their propeity drivew'ay would not be used to access the property being purchased. b) Seller delivering an Abstract of Title or copy of I'ille Insurance Policy to Ihe properly to the Buyer. c) Seller eertilles that there are no wells located on the property. d) Seller certities that there has been no hazard or environmental contamination buried or spread on the property. 13. As-ls. Buyer acknowledges that Buy er has had the opportunity to tully review and inspect the Subjecl Real PropeHy. Buyer further acknowledges that except as expressly provided otherwise herein: Buyer is purchasing the Subject Real Properly without warranty or representation by Seller of any kind or nature: and Buyer is purchasing the Subject Real Property in an AS-IS. Will RF-AS, Wl |■^l-Al.l.-|•Alll rS-AND-VIRTUES. 14. Sellerls) and Buyer(s) acknowledge that they have not had the opportunity to have this .Agreement reviewed by their respective attorneys at the time of execution and should they desire they would have l5) business days from the dale executed to have this agreement reviewed by their respective attorneys prior to this agreement becoming a binding agreement between the parlies to insure they have an equal bargaining position in this transaction. No rule of construction that would cause any ambiguity in any provision to be construed against the drafter of this document shall be operative against either Buyer or Seller. 15. I'his .Agreement contains the entire agreement between the parlies, and neither parly has relied 2 tipoti ain vcrhal or vvriiicii icprescnladons. agroemciUs. or iiiulLTstatuling mil slM I'orih herein, whether made by any agent or parly hereto. This Agreement is intended to be a hill price acceptance ol' Seller!s). 16. ibis oiler to purchase e.\pires on I )ecember . J)22, Buyer: Scott AUeliiiaii By:„ Its: Seller: Robert .1. Stroh and l.ois R. Stroll By:By: Lois R. Stroh Its; .Seller Robert ,1. Stroh Its: Seller .1 Kxhihil A l*ri)(KTl\ line rL'Mccled bclm\ in icd is tlic approximalc square footage oI'4‘<.000 sq. ft. vxitli (he (Inal square I'oolage and dimensions to be delerniined alter tbe survey is completed I Purchase Agreement Stroh to Adelman 12-6-22 Final Audit Report 2022-12-06 Created: 2022-12-06 Beitelspacher Real Estate Inc. (nealrealestate3939@gmail.com)By: Status:Signed Transaction ID:CBJCHBCAABAAMIeZszWyRS0AzFLIdGL_9jdc0LJYXymx "Purchase Agreement Stroh to Adelman 12-6-22" History Q Document created by Beitelspacher Real Estate Inc. (nealrealestate3939(®gmail.com) 2022-12-06 - 5:23:40 PM GMT- IP address: 216.71.28.121 Document emailed to lrstroh@outlook.com for signature 2022-12-06 - 5:24:02 PM GMT Q Email viewed by lrstroh@outlook.com 2022-12-06 - 5:28:06 PM GMT- IP address: 174.213.224.249 (t>ii Signer lrstroh@outlook.com entered name at signing as Robert Stroh 2022-12-06 - 9:04:49 PM GMT- IP address: 174,213.247.18 Document e-signed by Robert Stroh (lrstroh@outlook.com) Signature Date: 2022-12-06 - 9:04:51 PM GMT - Time Source: server- IP address: 174.213.247.18 O Agreement completed. 2022-12-06 - 9:04:51 PM GMT Q| Adobe Acrobat Sign PAStroh12-6-22Updated Final Audit Report 2022-12-06 Created:2022-12-06 Beitelspacher Real Estate Inc. (nealrealestate3939@gmail.com)By: Status:Signed CBJCHBCAABAAQm08bCiTF8RHLg0At^-DfxP2kvZb2bWTransaction lO: TAStroh12-6-22Updated" History Q Document created by Beitelspacher Real Estate Inc. (nealrealestate3939(ggmail.com) 2022-12-06 - 4:20:57 PM GMT- IP address: 216.71.28.121 Document emailed to lrstroh@outlook.com for signature 2022-12-06 - 4:21:16 PM GMT Q Email viewed by lrstroh@outlook.com 2022-12-06 - 4:36:18 PM GMT- IP address: 208.123.1.189 ^ Signer lrstroh@outlook.com entered name at signing as Lois Stroh 2022-12-06 - 5:14:40 PM GMT- IP address: 174.213.224.249 ^ Document e-signed by Lois Stroh (lrstroh@outlook.com) Signature Date: 2022-12-06 - 5:14:42 PM GMT - Time Source: server- IP address: 174.213.224.249 O Agreement completed. 2022-12-06 - 5:14:42 PM GMT Adobe Acrobat Sign 0705 001 Final Audit Report 2022-12-07 Created:2022-12-06 Beitelspacher Real Estate Inc. (nealrealestate3939@gmail.com)By; SignedStatus: CBJCHBCAABAAtfNZV0PNBgkPM7q7JPJfl3PPVECytC9uTransaction ID: "0705_001" History Q Document created by Beitelspacher Real Estate Inc. (nealrealestate3939@gmail.com) 2022-12-06 - 9:21:23 PM GMT- IP address; 216.71.28.121 ^ Document emailed to scottadelman1516@gmail.com for signature 2022-12-06 - 9:21:43 PM GMT Email viewed by scottadelman1516@gmail.com 2022-12-07 - 2:08:02 AM GMT- IP address: 64.233.172.242 Signer scottadelman1516@gmail.com entered name at signing as Scott ad4lman 2022-12-07-2:31:31 AM GMT-IP address: 174.199.41.112 £5^ Document e-signed by Scott ad4lman (scottadelman1516@gmail.com) Signature Date: 2022-12-07 - 2:31:33 AM GMT - Time Source: server- IP address: 174.199.41.112 O Agreement completed. 2022-12-07 - 2:31:33 AM GMT Adobe Acrobat Sign PLANNING COMMISSION NOTIFICATION WORKSHEET Applicant: Bass Harbor Storage Lida Lake 56-747 December 14, 2022Meeting Date:Lake: V2 Mile (2640’) Preliminary PlatVa Mile (1320’) Conditional Use App X *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. Lida Lakes Imp. Dist. David Hilber 41026 Backroad TrI 54 EnvelbtDes 8 Extra 7 PC 2 Extra ExtraPelican Rapids MN 56572 71 Notices Denise Boe, Clerk Lida Township PO Box 382 Pelican Rapids MN 56572 PC;Worksheet Notification 10/2015 LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY, GOVERNMENT SERVICES CENTER, FERGUS FALLS, MN 56537 STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL ) I, Amy Busko, duly appointed and Acting Secretary of the Otter Tail County Planning Commission for Otter Tail County, Minnesota, do hereby certify that on 2022, the attached Notice of Hearing and was dulyNov.30th day of served upon the following: the County Sheriff County Highway Engineer Courthouse Otter Tail COLA, 4302 13"^ 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 Walters, DNR, Div. of Fisheries Mike Oehler, DNR, Div. of Wildlife Same Envelope 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) Big McDonald: Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 Eagle Lake Imp. Dist., Kelly Hepper, 38079 South Eagle Lake Rd., Battle Lake MN 56515 Lida Lakes Imp. Dist., David Hilber, 41026 Backroad TrI., Pelican Rapids MN 56515 Devils (Near Perham): Eagle: Lida: Lt McDonald, Kerbs & PauhLMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573Little Pine & Big Pine: Pelican, Fish, Bass & Lt. 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 City Clerk (if located within 2 miles of a city) MNDOT Dist. Office, 1000 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 AdmifHStfatef)—check their website for name/address Do not notify individuals within a City Limit Township Clerk, Lake Association, surveyor (if appropriate), and 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 Amy Busko 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 Buffer Parcels Parcel No Addrl Addr2 Citv St ZiDName 1 Name 2 37000080043000 Gordon A & Ann G Jensen Eden Prairie MN 55347 116910689 Sonoma Rdg 37000090046000 State Of Minnesota Tax Forfeited Parcel 00 Carla Hanson37000090046001 Aberdeen SD 57401 22121210 Casper Ave 37000090046006 Robert J & Lois R Stroh Erhard MN 56534 944724701 Tonseth Ln Pelican Rapids MN 56572 756237000090046007 ForsgrenTst 44114 Outlet Beach Rd 37000090046008 Ritchie & Joy Larson Casselton ND 58012 3705842 Morningside Dr 37000090047000 Armstrong Family Tst Brooklyn Park MN 55444 17091000 82nd Ave N 37000160081000 Robert J & Lois R Stroh Erhard MN 56534 944724701 Tonseth Ln 37000160081001 Crystal & David Wosick 3420 Maple St N Fargo ND 58102 1267 Gerard & Teresa Anne Chiovaro37000160081002 11095 117th Ln Largo FL 33778 3619 State Of Minnesota37000170085000 Tax Forfeited Parcel 00 37000170086001 Dawn R Johnson Pelican Rapids MN 56572 770123410 430th St Zachary Herrmann & K Anderson37000990365000 2331 Rivers Bend Dr E West Fargo ND 58078 8510 37000990366000 Scott T Miller Bloomington MN 55437 12064916 82nd St W 37000990367000 Lida Beach Retreat LLC Attn Cliff Sheeley 1635 10th St W West Fargo ND 58078 3243 37000990368000 Randy E & Vicki A Wieland Pelican Rapids MN 56572 750344050 Outlet Beach Rd Amy L Anderson37000990369000 Fergus Falls MN 56537 4012102 Two Rivers Rd 37000990370000 Joyce A Valley Tst Pelican Rapids MN 56572 750344072 Outlet Beach Rd Kevin & Tanya Kvamme37000990371000 5615 155th Ave SE Kindred ND 58051 9503 37000990372000 Craig R Kerkow 702 Pheasant Run West Fargo ND 58078 3137 37000990373000 Daryl P Hanson Aberdeen SD 57401 22121210 Casper Ave 37000990374000 Darrel & Kathryn Forsgren Tst Pelican Rapids MN 56572 756244114 Outlet Beach Rd 37000990375000 Robert W & Angela E Lord 3817 2nd St E West Fargo ND 58078 7917 Wednesday. November 30. 2022 Page 1 of 4 Parcel No Name 1 Addr 2Name 2 Addr 1 Fargo ND 58103 5331 Citv St Zip 37000990376000 5andra Cunningham Tst 520 22nd Ave 5 Brady & Nicole Rinke37000990377000 13222 18th St N Georgetown MN 56546 9467 37000990378000 Ritchie & Joy Larson 842 Morningside Dr Casselton ND 58012 3705 37000990379000 Richard & Kathy Arntson Pelican Rapids MN 56572 750424426 County Highway 4 37000990380000 Terry D & Carol L Washburn 24536 County Highway 4 Pelican Rapids MN 56572 7504 37000990487000 Brent G & Jodell R Teiken Moorhead MN 56560 6726322 43rd Ave S 37000990488000 Adam & Kristin Bernier Eden Prairie MN 55346 410217950 Liv Ln 37000990488001 Judith K Siggerud & Jill Kluck 43918 Outlet Beach Rd Pelican Rapids MN 56572 2503 37000990489000 Sherry A Josephsen 43934 Outlet Beach Rd Pelican Rapids MN 56572 7503 Leslie Thompson37000990490000 MayvilleND 58257 92181045 150th Ave NE 37000990491000 David A Hagen 43962 Outlet Beach Rd Pelican Rapids MN 56572 7503 37000990492000 Daniel J & Susan G Zurn 534 18th Ave E West Fargo ND 58078 4223 37000990493000 Robert J Jr & Lhonda Q Lewis 2151 Rose Creek Dr S Fargo ND 58104 6805 37000990494000 Bryan & Rachel Bartz 1239 46th Ave N Fargo ND 58102 5354 37000990526000 Leroy & Sheryl Grandbois 43810 Outlet Beach Rd Pelican Rapids MN 56572 7564 37000990527001 Wendy M Dolezal Bemidji MN 56601 919510280 Irvine Ave NW 37000990527900 Gregory M & Robin M Schultz 43818 Outlet Beach Rd Pelican Rapids MN 56572 7564 37000990529000 Terry L Fossen 43838 Outlet Beach Rd Pelican Rapids MN 56572 7564 37000990530000 Terry L Fossen 43838 Outlet Beach Rd Pelican Rapids MN 56572 7564 Suad & Azra Ekic37000990531900 1728 50th St 5 Fargo ND 58102 7758 37000990532000 Roberta Kowalski 43876 Outlet Beach Rd Pelican Rapids MN 56572 7564 37000991325000 Robert J & Lois R Stroh 24701 Tonseth Ln Erhard MN 56534 9447 37000991326000 Randy E & Vicki A Wieland 44050 Outlet Beach Rd Pelican Rapids MN 56572 7503 37000991327000 Lida Beach Retreat LLC Attn Cliff Sheeley 1635 10th St W West Fargo ND 58078 3243 Wednesdav. November 30. 2022 Page 2 of 4 Bloomington MN 55437 1206 Citv St ZipAddr2Parcel No Addr 1Name 1 Name 2 37000991328000 Scott T & Jodi C Miller 4916 82nd St W West Fargo ND 58078 851037000991329000 Zachary Herrmann & K Anderson 2331 Rivers Bend Dr E Fargo ND 58102 535437000991330000 Bryan & Rachel Bartz 1239 46th Ave N Pelican Rapids MN 56572 7503David A Hagen 43962 Outlet Beach Rd37000991331000 Fargo ND 58104 680537000991332000 Robert J Jr & Lhonda Q Lewis 2151 Rose Creek Dr S Mayvilie ND 58257 921837000991333000 Leslie Thompson 1045 150th Ave NE Pelican Rapids MN 56572 7503Sherry A Josephsen 43934 Outlet Beach Rd37000991334000 Pelican Rapids MN 56572 750337000991335000 Joyce A Valley Tst 44072 Outlet Beach Rd Aberdeen SD 57401 221237000991335001 Carla Hanson 1210 Casper Ave Pelican Rapids MN 56572 756237000991335002 Darrel & Kathryn Forsgren Tst 44114 Outlet Beach Rd Kindred ND 58051 950337000991336000 Kevin & Tanya Kvamme 5615 155th Ave SE 37000991337000 To The Public 00 Buckeye AZ 85326 0069Harold R Kirmis Living Tst 421 227th Ct S37000991347000 Pelican Rapids MN 56572 756437000991348000 David & Roberta Sogn 43876 Outlet Beach Rd Oxbow ND 58047 501737000991349000 Michelle Aune 515 Sunset Dr 2532 Willow RdN Fargo ND 58102 213737000991350000 Terrance Bartsh Pelican Rapids MN 56572 758937000991351000 Amanda K Bunkowski 43701 Bass Harbor Rd Pelican Rapids MN 56572 7589Amanda Bunkowski 43701 Bass Harbor Rd37000991352000 Pelican Rapids MN 56572 756437000991353000 Leroy & Sheryl Grandbois 43810 Outlet Beach Rd Pelican Rapids MN 56572 756443818 Outlet Beach Rd37000991354000 Greg Schultz Pelican Rapids MN 56572 0332Spencer & Siri Livdahl PO Box 33237000991355000 Pelican Rapids MN 56572 033237000991356000 Spencer & Siri Livdahl PO Box 332 Acworth GA 30101 354737000991357000 Matthew T & Jessica L Hess 1416 Benbrooke Rdg NW Barnesville MN 56514 960337000991358000 Trisha & Corey Oleary 16137 216th St S Page 3 of 4Wednesday, November 30. 2022 Parcel No Addr 2Name 1 Addr 1 City St Zip Pelican Rapids MN 56572 7772 Name 2 37000991359000 Todd Marti 24086 Bass Harbor TrI 37000991360000 Todd Marti & Naomi Olson 24086 Bass Harbor TrI Pelican Rapids MN 56572 7772 37000991361000 Bass Harbor Storage LLC Pelican Rapids MN 56572 758143414 Bass Harbor Rd 37000991368000 Jake & Laura Januszewski 43646 Bass Harbor Rd Pelican Rapids MN 56572 7582 37000991368001 Crystal & David Wosick 3420 Maple St N Fargo ND 58102 1267 37000991368002 Gerard & Teresa Anne Chiovaro 11095 117th Ln Largo FL 33778 3619 37000991370000 To The Public 00 Wednesday, Noyember 30. 2022 Page 4 of 4 •*,. -- Buffer Mail City, State, ZipAddress i Address 2Name Fergus Falls MN 56537 4012Amy L Anderson 102 Two Rivers Rd Brooklyn Park MN 55444 1709Armstrong Family Tst 1000 82nd Ave N Pelican Rapids MN 56572 7504Richard & Kathy Arntson 24426 County Highway 4 Oxbow ND 58047 5017Michelle Aune 515 Sunset Dr Fargo ND 58102 2137Terrance Bartsh 2532 Willow Rd N Fargo ND 58102 5354Bryan & Rachel Bartz 1239 46th Ave N Pelican Rapids MN 56572 7581Bass Harbor Storage LLC 43414 Bass Harbor Rd Eden Prairie MN 55346 4102Adam &. Kristin Bernier 17950 Liv Ln Pelican Rapids MN 56572 7589Amanda Bunkowski 43701 Bass Harbor Rd Pelican Rapids MN 56572 7589Amanda K Bunkowski 43701 Bass Harbor Rd Gerard & Teresa Anne Chiovaro Largo FL 33778 361911095 117th Ln Pelican Rapids MN 56572 7562Darrel & Kathryn Forsgren Tst 44114 Outlet Beach Rd Bemidji MN 56601 9195Wendy M Dolezal 10280 Irvine Ave NW Fargo ND 58102 7758Suad & Azra Ekic 1728 50th St S Pelican Rapids MN 56572 756244114 Outlet Beach RdForsgren Tst Pelican Rapids MN 56572 756443838 Outlet Beach RdTerry L Fossen Pelican Rapids MN 56572 7564Leroy & Sheryl Grandbois 43810 Outlet Beach Rd Pelican Rapids MN 56572 7503David A Hagen 43962 Outlet Beach Rd Aberdeen SD 57401 2212Carla Hanson 1210 Casper Ave Aberdeen SD 57401 2212Daryl P Hanson 1210 Casper Ave Page 1 of 3Wednesday, November 30, 2022 Name Address i Address 2 City, State, Zip Harold R Kirmis Living Tst 421 227th as Buckeye AZ 85326 0069 Matthew T & Jessica L Hess 1416 Benbrooke Rdg NW Acworth GA 30101 3547 Jake & Laura Januszewski 43646 Bass Harbor Rd Pelican Rapids MN 56572 7582 Gordon A & Ann G Jensen 10689 Sonoma Rdg Eden Prairie MN 55347 1169 Dawn R Johnson 23410 430th St Pelican Rapids MN 56572 7701 Sherry A Josephsen 43934 Outlet Beach Rd Pelican Rapids MN 56572 7503 Joyce A Valley Tst 44072 Outlet Beach Rd Pelican Rapids MN 56572 7503 Judith K Siggerud & Jill Kluck 43918 Outlet Beach Rd Pelican Rapids MN 56572 2503 Craig R Kerkow 702 Pheasant Run West Fargo ND 58078 3137 Roberta Kowalski 43876 Outlet Beach Rd Pelican Rapids MN 56572 7564 Kevin & Tanya Kvamme 5615 155th AveSE Kindred ND 58051 9503 Ritchie & Joy Larson 842 Morningside Dr Casselton ND 58012 3705 Robert J Jr & Lhonda Q Lewis 2151 Rose Creek Dr S Fargo ND 58104 6805 Lida Beach Retreat LLC 1635 10th St W West Fargo ND 58078 3243 Spencer & Siri Livdahl PO Box 332 Pelican Rapids MN 56572 0332 Robert W & Angela E Lord 3817 2nd St E West Fargo ND 58078 7917 Todd Marti 24086 Bass Harbor TrI Pelican Rapids MN 56572 7772 Scott T Miller 4916 82nd St W Bloomington MN 55437 1206 Scott T & Jodi C Miller 4916 82nd St W Bloomington MN 55437 1206 Trisha & Corey Oleary 16137 216th StS Barnesville MN 56514 9603 Brady & Nicole Rinke 13222 18th St N Georgetown MN 56546 9467 Wednesday, November 30, 2022 Page 2 of 3 Name Address i Address 2 City, State, Zip Sandra Cunningham Tst 520 22nd Ave S Fargo ND 58103 5331 Greg Schultz 43818 Outlet Beach Rd Pelican Rapids MN 56572 7564 Gregory M & Robin M Schultz 43818 Outlet Beach Rd Pelican Rapids MN 56572 7564 David & Roberta Sogn 43876 Outlet Beach Rd Pelican Rapids MN 56572 7564 Robert J & Lois R Stroh 24701 Tonseth Ln Erhard MN 56534 9447 Brent G & Jodell R Teiken 322 43rd Ave S Moorhead MN 56560 6726 Leslie Thompson 1045 150th Ave NE Mayville ND 58257 9218 Todd Marti & Naomi Olson 24086 Bass Harbor TrI Pelican Rapids MN 56572 7772 Terry D & Carol L Washburn 24536 County Highway 4 Pelican Rapids MN 56572 7504 Randy E & Vicki A Wieland 44050 Outlet Beach Rd Pelican Rapids MN 56572 7503 Crystal & David Wosick 3420 Maple St N Fargo ND 58102 1267 Zachary Herrmann & K Anderson 2331 Rivers Bend Dr E West Fargo ND 58078 8510 Daniel J & Susan G Zurn 534 18th Ave E West Fargo ND 58078 4223 Wednesday, November 30, 2022 Page 3 of 3 5", • ■fe-' 1>- i.A-:: Google Earth Figure 2 - Detailed Site Map Lida Backlot Project Otter Tail County, MN_____ Site Boundary Approximate Wetland Boundary Transect LocationI-■I LOT1 LOT 19 OT20 LOT?1 iOT24 +93r92 LOT 2I Ol o SHARE Ao lotsLOT 17 to +81-±TTT SHARE BLOT 4$ 1 /U.52tOT 16 oip4.0t o LOT 5 SHARECoioT7B2I o SHARE DpLOT 6oo LOT1 LO\l8 .LOT 19' OT 20 ji.■7' OT 23 LOT AREAS FOR BASS HARBOR LOT LOT IMPERVIOUS IMPERVIOUS DRIVE WIDTH DRIVE LENGTH DRIVE AREA AREA(SF) TOTAL(%) 240 18240 4240 4240 4240 4240 4240 4240 4240 AREA (SF) AREA (ACRES) BLDG AREA 62326 12506 LOT# 1 1.43 18000 4000 4000 4000 4000 4000 4000 4000 12 20 29% 2 0.29 12 20 240 34% 3 9663 0.22 12 20 240 44% 4 9974 0.23 12 20 240 43% 5 10478 10615 10087 11067 0.24 12 20 240 40% 6 0.24 12 20 240 40% 7 0.23 12 20 240 42% 8 0.25 12 20 240 38% 9 3855 0.09 1500 12 20 240 1740 45% 10 4606 0.11 1800 12 20 240 2040 44% 11 5445 0.13 2400 12 20 240 2640 48% 12 6281 0.14 2700 12 20 240 2940 47% 13 4434 0.10 1800 12 20 240 2040 46% 563714 0.13 1800 12 20 240 2040 36% 15 3981 0.09 1800 12 20 240 2040 51% 473916 0.11 1800 12 20 240 2040 43% 7380 0.1717 1800 12 20 240 2040 28% 18 9027 0.21 3200 12 20 240 3440 38% ■^0.14196000 3200 12 18 216 3416 57% 600020 0.14 3200 12 18 216 3416 57% 21 6000 0.14 3200 12 18 216 3416 57% 22 6000 0.14 3200 12 18 216 3416 57% 23 6000 0.14 3200 12 18 216 3416 57% 24 6000 0.14 3200 12 18 216 3416 57% 25 0.14 32006000 12 18 216 3416 57% 26 6000 0.14 3200 12 18 216 3416 57% 27 0.146000 3200 12 216 341618 57% 33000 279101 0.76 12ROADWAY TOTAL LOT AREA TOTAL IMPERVIOUS AREA GRASS AREA WETLAND AREA TOTAL AREA 1650 19800 19800 60% 121464 203458.00 324840 807399 OVERALL % IMPERVIOUS WITH WETLAND OVERALL % IMPERVIOUS WITHOUT WETLAND 15% 25% OTTER TAIL COUNTY Conditional Use Permit # ^^-^3Owner’s Name S' Property Address Location: Lake _3_m' Twp. I 7^ Range Twp. Name 37->0a0-^iOj.> l^fei-OOQ Work Authorized ^gVfc''W S** 11 I 6 sS-iBrZ^Z.r Valid:liras; Land and Resource Mamgement Official / Date 1. Entire area shall be stabilized vyithin 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, I 1277025Date Stamp LYNN R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 05/20/2022 12:02 PM FEE; 46.00 PAGES 2 WELL CERTIFICATE REC'D; N ijj \ 8canm&d\ L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPLICATION FOR CONDITIONAL USE PERMIT/INTERIM USE PERMIT COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 www.co.otter-tail.mn.us WTtS.Tiiii Ji-Application Fee ^QO (X> Receipt DateAccepted by Property Owner Scott Ad el man 7^mrbcJi' C6jC Ti'crj: “ -----------f Pltcivi “ Name 7620 Brink DriveAddress City Horace NDState Zip 58047 Daytime Phone 701-306-6747 scottadelmanl972@gmail.comEmail Parcel Information LidaLake NameLake No Lake Class 37000991361000Parcel Number(s) Parcel Number(s) Lida Township Sect-09 Twp-136 Range-042 PALMS OF LIDA 1ST ADDN LOTS 20,21,22,23,24 & 25 BLK 1 Township Name Section Legal Description 43915 Bass Harbor Road Pelican RapidsPhysical Address CONDITIONAL USE PROJECT (Please Check Topographical Alteration Commercial Use □Commercial PUD □□ □□Extractive Use Industrial Use Forest Land Conversion Commercial WECS Residential PUD □□ □ 0Miscellaneous INTERIM USE PROJECT (Please Check) □□Existing Dwelling Removal Existing Dwelling Repurposing Version Date 04/07/2020 1 SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. (X. Zl U^-f- A/6/1 fo ac{-<s.i Tl^ Shru^ Ut^k.. Request to perform earthwork and road construction to build approximately it/ recreation storage buildings CLfprfi. iulipUL. \loii,4s b/ tlLh fh^ jn jpi^^vcei I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND. &4- . I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTAa LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION, OR UNTIL DECEMBER 31, 2021, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE- HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. Scott Adelman/Troy Tooz 6/17/21 SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) Date of Planning Commission Hearing 7-/5-;I Time CL Planning Commission Recommendation: Motion: A motion by Stone, second by Wass to approved, provided; 1. The proposed buildings #22, #23 & #24 be eliminated. 2. Every effort is made to obtain a temporary access off County Highway 4, to service construction traffic, in the area of #15 & #16. A revised, signed & dated drawing depicting these conditions was submitted at the Meeting. /5.C n (.Nf’i) 1If- 'Chairman/Otter Tail County Planning Commis^n V,County Board Action Approved as Recommended r Denied as Recommended Othej:^ OxChairman/otter Tail County Bo^^rdof Commissioners ^\'^ate of FinarAction ] LOTt Official/Date ^ CONDITIONAL USE PERMIT # INTERIM USE PERMIT L&R Official/Date Permit(s) required from Land & Resource Management NoYes Note: If Yes, contact Land & Resource Management Copy of Application mailed to Applicant, County Assessor and MN DNR L&R Official/Date 2 Marsha Bowman Marsha Bowman Wednesday, September 1, 2021 2:24 PM 'scottadelmanl 972@gmail.com'; 'tmtcivil@gmail.com' Chris LeClair Conditional Use Permit Application; for Bass Harbor Storage LLC; August 11, 2021 Planning Commission Recommendation & August 24, 2021 County Board Approval From: Sent: To: Cc: Subject: Good Afternoon On August 11**^ the Planning Commission approved your Conditional Use Permit Application with conditions: Motion: A motion by Stone, second by Wass to approve, provided: 1. The proposed buildings #22, #23 & #24 be eliminated. 2. Every effort is made to obtain a temporary access off County Highway 4, to service construction traffic, in the area of #15 & #16. A revised, signed & dated drawing depicting these conditions was submitted at the Meeting. On August 24, 221 the County Board approved the Conditional Use Permit Application with conditions as recommended by the Planning Commission. Since this is the case, once we receive evidence that Condition #2 is met, we can process the Conditional Use Permit. If you have any questions, please contact me. Have a nice afternoon, Marsha Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountymn.us i' OTTER TAIL 1 lyiarsh’a Bowman Marsha Bowman Friday, October 29, 2021 2:06 PM neal@dakotacommercial.com Bass Harbor Storage LLC; Lake Lida (56-747); Revised Drawing Received at August 11, 2021 PC Meeting & Members Agreement SPRTLR0221102913560.pdf; SPRTLR0221102913570.pdf From: Sent: To; Subject: Attachments: Neal, Attached please find the documents you requested. If you have any questions, please contact me. Have a nice weekend. Marsha Neal: 701-429-3132 Marsha Bowman Office Administrator Land & Resource ManagementGSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountvmn.us ? OTTER TAIL CCtMTV I9MUODI 1 IWarsha Bowman Neal < neal@dakotacommercial.com> Friday, October 29, 2021 2:35 PM Marsha Bowman RE: Bass Harbor Storage LLC; Lake Lida (56-747); Revised Drawing Received at August 11, 2021 PC Meeting & Members Agreement From: Sent: To: Subject: Thank you Marsha. Kind Regards, /UtA 1 & Neal Beitelspacher | Commercial REALTOR* Associate Broker Cell: 701-429-3132 ! li Email: neal@dakotacommercial.com www.beiteispacherrealestate.com 3168 41" St. S, Ste 1 Fargo, North Dakota, 58104 A!DAKOTACOMMERCIAL From: Marsha Bowman <MBowman@co.ottertail.mn.us> Sent: Friday, October 29, 2021 2:06 PM To: Neal <neal@dakotacommercial.com> Subject: Bass Harbor Storage LLC; Lake Lida (56-747); Revised Drawing Received at August 11, 2021 PC Meeting & Members Agreement Neal, Attached please find the documents you requested. If you have any questions, please contact me. Have a nice weekend. Marsha Neal: 701-429-3132 Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountvmn.us OTTCR TAILCAMTT 1 Board of Commissioners’ Meeting Minutes August 24, 2021 ABSTAINABSENTYEANAYBOARD OF COMMISSIONERS XDan Bucholz Wayne Johnson Kurt Mortenson Betty Murphy Leland Rogness X X X X Bass Harbor Storage / Scott Adelman/Trow Tooz: Motion by Johnson, second by Mortenson and unanimously carried to approve a conditional use permit with conditions as recommended by Planning Commission to Construct a 21 Storage Unit Non-Dwelling PUD and build a road to access the Storage Units. Request to perform earthwork and road construction to build approximately 21 recreation storage building. An approx. 3,243 cubic yards will be cut for the project and an approx. 2,598 cubic yards of will be needed for project. The proposal is located at 43915 Bass Harbor Road, Section 9 of Lida Township; Lida Lake (56-747), GD. BA Kern Holdings. LLC/Aaron Kern: Motion by Johnson, second by Bucholz and unanimously carried to approve a conditional use permit with conditions as recommended by Planning Commission to conduct a topographic alteration for the construction of a home, detached garage, driveway, and a path to the bottom of a steep slope. The home construction will include a walk out basement with the home built into the steep slope. Total yards of excavation will be 1,209 CY with 444 CY of that being placed as fill for the walk out patio, sidewalk, paths. A total of 75 CY of class 5 will be brough in for the driveway and 62 CY of riprap for a total of 1,654 CY of excavation, fill and imported material. Construaion slated to start fall of this year and continuing into 2022. The proposal is located NE of 30213 Four Winds Dr., Section 30 of Otter Tail Township; Otter Tail Lake (56-242), GD. Echo Bay Deputy County Administrator Nick Leonard invited the Board to view a property from the lake on August 31,2021 at 1:00 p.m. that may potentially be donated to the county later this year. Buffalo-Red Watershed Appointment Motion by Johnson, second by Murphy and unanimously carried to appoint Peter Fjestad as the Watershed District Manager representing Otter Tail County on the Buffalo-Red River Watershed Board of Managers serving a three (3) year term. County Highway 27 Property Motion by Johnson, second by Mortenson and unanimously carried to authorize the Chair and the Clerk to sign the warranty deed conveying Parcel 26-000-15-0096-001 (25037 County Highway 27 Property) to Roger E. Engleson and Rebecca L. Engleson. Highway Protects Bid Award: Motion by Murphy, second by Mortenson and unanimously carried to award project No. S.A.P. 056-614-014 4012-014, FDR, wear course, topsoil and curve re-alignment to Central Specialties, Inc., Alexandria, MN in the amount of $2,991,217.91 as recommended by the County Engineer. OTTER TAIL COUNTY RESOLUTION Resolution No. 2021 -138 BE IT RESOLVED that Otter Tail County act as the legal sponsor for the project contained in HF 52 Sec. 32. Laws 2020, Fifth Special Session chapter 3, article 1, section 21, subdivision 44 entitled Wadena; Access Road. BE IT FURTHER RESOLVED that Otter Tail County has the legal authority to receive financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the development proposal are committed to the project identified. BE IT FURTHER RESOLVED that Otter Tail County has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its development proposal by the state. Otter Tail County may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that Otter Tail County certifies that it will comply with all applicable laws and regulation as stated in all contract agreements. Page 3 of 5 OTTER TAIL COUNTY PLANNING COMMISSION Otter Tail County, Planning Commission August 11, 2021; Page 2 Troy Tooz (engineer) and Scott Adelman and David Song (Bass Harbor Storage Association) represented the Application. All correspondence has been forwarded to the Planning Commission and Applicant for review. Dan Zurn requested a complete plan. Todd Marti requested clarity on the proposal. Motion: A motion by Stone, second by Wass to approved, provided: 1. The proposed buildings #22, #23 & #24 be eliminated. 2. Every effort is made to obtain a temporary access off County Highway 4, to service construction traffic, in the area of #15 & #16. A revised, signed & dated drawing depicting these conditions was submitted at the Meeting. Voting By Roll Call. All Members in favor (Boyer recused himself from voting). Pleasant Lake RV Village / Tom & Brenda Masloski - Approved As Presented: A Conditional Use Permit Application (as stated by the Applicant on the Application): Add 22 sites to Pleasant Lake RV Village on Pleasant Lake and a permanent home. Currently have 27 full hook-up sites, one cabin and a fish cleaningAvell building. Add appropriate septic to support new sites, a well for new sites, a home and metered electric to all new sites. Remove one existing site and eliminate an old shower/bath house (turn it into storage). Current septic system is compliant so we would add additional systems to support house and new sites. Would also convert 3 existing sites to new septic system so we can add three sites to old system. Add additional boat slips to existing docks and add a couple of more docks. (20). The proposal is located at 27101 Hagen Point Ln, Section 6 of Sverdrup Township: Pleasant Lake (56-449), RD. Tom & Brenda Masloski represented the Application. All correspondence has been forwarded to the Planning Commission and Applicant for review. Harry Krog expressed concerns on the previous request, boat traffic & the easement servicing the proposal. Robert Ehlert expressed concerns on the size of the lake and the impact on the lake. Howard Lueck expressed concerns on boat traffic, the crowding on the lake and the potential for development on the lake. Dan Karst expressed concerns boating safety. Lea Deuchar expressed concerns on boat traffic (safety), environmental impacts (wildlife & shoreline) & economic impact, Charlie Crissinger expressed concerns on use of the public access & lack of notification. Motion: A motion by Wilson, second by Fischer to approve as presented, the proposal meets and exceeds the requirements of the Shoreland Management Ordinance for density in units, docks & boat slips. Voting By Roll Call: All Members in favor, except Trites & Wass (due to environmental impact & safety). BA Kern Holdings, LLC / Aaron Kern - Approved With a Condition: A Conditional Use Permit Application (as stated by the Applicant on the Application): The request is a topographic alteration for the construction of a home, detached garage, driveway, and a path to the bottom of a steep slope. The home construction will include a walk out basement with the home built into the steep slope. Total yards of excavation will be 1,209 CY with 444 CY of that being placed as fill for the walk out patio, sidewalk, paths. A total of 75 CY of class 5 will be brough in for the driveway and 62 CY of riprap for a total of 1,654 CY of excavation. 218-998-8095Otter Tail County Government Services Center, 540 West Fir, Fergus Falls, MN 58537 August 11,2021 Meeting of the Otter Tail County Planning Commission was held on August 11, 2021 at 6:30 P.M at the Government Services Center; the hearing was held in person and via Microsoft Teams due to the health pandemic and declared emergency in accordance with Minn. Stat. Sec. 13D.021 Roll Call:Members Present. Rod Boyer, Judd Fischer (Via Teams), Brent E. Frazier, Richard Gabe, Bruce Stone, David Trites, David Wass and Rick Wilson. Members Absent: None. Michelle Eldien represented the County Attorney's Office and Chris LeClair represented the Land & Resource Management Office. Minutes of July 14, 2021: A motion by Frazier, second by Gabe to approve the July 14, 2021 Minutes as presented. Voting By Roll Call. All members in favor. Lee & Sandra Lindguist, Tst / Jamielind Inc. - Approved With Conditions: A Conditional Use Permit Application (as stated by the Applicant on the Application): Request to construct a 740' long driveway with a 20’ top. Will cut approximately 2' off and replace with class 5 gravel. The cut spoils will be used for side sloping on driveway. Total cubic yards of fill to be moved is approximately 3,000 cubic yards. The proposed driveway will be a shared driveway between the parcels & located on the lotline. The proposal is located East of 34581 State Hwy 108, Section 30 of Edna Township; Big McDonald Lake (56-386), RD Scott Dirks (Jamielind Inc.) and Doug Ackling (contractor) 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 provided the driveway is constructed on Parcel A (20-000-30-0181-000), requiring the driveway easement be recorded prior to issuance of the Conditional Use Permit. Voting By Roll Call: All Members in favor, Bass Harbor Storage / Scott Adelman/Trov Tooz - Approved With Conditions: A Conditional Use Permit Application (as slated by the Applicant on the Application): Construct a 21 Storage Unit Non-Dwelling PUD and build a road to access the Storage Units. Request to perform earthwork and road construction to build approximately 21 recreation storage building. An approx. 3,243 cubic yards will be cut for the project and an approx. 2,598 cubic yards of will be needed for project. The proposal is located at 43915 Bass Harbor Road, Section 9 of Lida Township; Lida Lake (56-747), GD. Motion - July 14. 2021. A motion by Gabe, second by Fischer to table (at the Applicant’s request) to August 11, 2021 to allow the Applicant to provide additional information. All correspondence has been forwarded to the Planning Commission and Applicant for review. new Amy Busko JUL 2 ^^Eso Troy Tooz <tmtcivil@gmail.com>V Thursday, July 22, 2021 9:55 PM ' Amy Busko; Chris LeClair; Scott Adelman Lake Lida Revisions Lake Lida Lots - Concept B - Impervious Areas.xisx; Lake Lida Lots - Concept B REV 2-1-SWPPP & GRADING 7-22-21.pdf From: Sent:3 202!LAfVDTo: Subject: Attachments: ^^(Trading Amy and Chris. Please find the attached revised layout for Lake Lida. There have been some changes in the design since last we spoke. 1. The access to county 4 is out of the equation. 2. additional lots were placed and re-sized to accommodate the lot dimensions and the wishes of the developer. 3. We will maintain our access to Bass Harbor Road. Please let me know if you have any questions or need additional information prior to the meeting. Thank you. Troy Tooz PE 701-361-9561 1 otter Tail County, Planning Commisaion July 14. 2021 (Revised July 21*'); Page 3 David Sogn expressed concerns on the access off Bass Harbor Road, requested it be off County Highway 4 and requested a common area (green space). Judy Siggerud expressed concerns on the loss of a buffer, the proposed lot sizes, and traffic Otter Tail County. Planning Commission July 14. 2021 (Revised July 21**); Page 2 LMKP Lakes Improvement District - Approved As Presented: A Conditional Use Permit Application (as staled by the Applicant on the Application): We have a DNR permit to put in a navigation channel between Kerbs and Little McDonald Lakes. We’d like permission from the county to remove the required amount of soil above OHW at the channel location and to place that material, along with the rest of the material from the channel, on the same parcel and on the adjacent parcel to the east. The proposal is located near 44650 W. Little McDonald Dr., Section 2 of Edna Township; Kerbs Lake (56-1636), NE & Little McDonald Lake (56-328), GD. Joe Esser (LID Board Member) and Chad Engels (Moore Engineering) represented the Application. All correspondence has been forwarded to the Planning Commission and Applicant for review. Angela Wlllenbring addressed the proposed stabilization and maintenance plan. Motion: Amotion by Gabe, second by Fischer to approve as presented. Voting: All Members in favor. Happy Hour Hideaway. LLC / Gary Schmidt & John Koshlol - Approved As Presented: A Conditional Use Permit Application (as slated by the Applicant on the Applicalion): Install Boat Ramp/Boat Access according to DNR specifications Request to excavate for a boat ramp/access for personal use. Access will be constructed of durable inorganic material. 12 feet wide, 10 feet waterward. Excavation of no more than 5 cubic yards and placement of no more than 5 cubic yards. The proposal is located at 19548 308’'’ Ave, Section16 of Tordenskjold Township; Long Lake (56-428), NE. John Koshiol and Gary Schmidt represented the Application. All correspondence has been forwarded to the Planning Commission and Applicant for review. Motion: A motion by Fischer, second by Frazier to approve as presented. Voting: All Members in favor. Motion: A motion by Gabe, second by Fischer to table (at the Applicant’s request) to August 11, 2021 to allow the Applicant to provide additional information. Voting: All Members in favor. Adjourn: At 7:45 P.M., Chairman Wilson adjourned the Meeting. The next Meeting is scheduled for 6:30 P.M. on August 11, 2021. Respectfully submitted, Marsha Bowman Recording Secretary i Bass Harbor Storage / Scott Adelman/Trov Tooz- Tabled to August 11, 2021: A Conditional Use Permit Application (as slated by the Applicant on the Applicalion): Construct a 21 Storage Unit Non-Dwelling PUD and build a road to access the Storage Units. Request to perform earthwork and road construction to build approximately 21 recreation storage building. An approx. 3,243 cubic yards will be cut for the project and an approx. 2,598 cubic yards of will be needed for project. The proposal is located at 43915 Bass Harbor Road, Section 9 of Lida Township; Lida Lake (56-747), GD. Scott Adelman and Troy Tooz (engineer) represented the Application. Rod Boyer recused himself from this Application. All correspondence has been forwarded to the Planning Commission and Applicant for review. Marsha Bowman Marsha Bowman Tuesday, August 10, 2021 11:18 AM Brent Frazier; Bruce Stone; Dave Trites; David Wass; Judd Fischer; Richard Gabe; Rick Wilson; Rod Boyer (rboyer@loretel.net) Chris LeClair; Michelle Eldien; Joel Sellin; scottadelman1972@gmail.com; tmtcivil@gmail.com FW: Bass Harbor Storage LLC; Lake Lida ((56-747); August 11, 2021 MEMBERS AGREEMENT (BASS HARBOR STORAGE).pdf; Letter to County.docx From: Sent: To: Cc: Subject: Attachments: I am forwarding an email received on the Bass Harbor Storage LLC proposal scheduled for the August 11, 2021 Planning Commission Meeting. Have a nice day, Marsha Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountvmn.us OTTER TAIL From: Joel Sellin <joel@sellinbrothers.com> Sent: Tuesday, August 10, 2021 11:13 AM To: Marsha Bowman <MBowman@co.ottertail.mn.us> Subject: RE: Bass Harbor Storage LLC; Lake Lida ((56-747) Good Morning Marsha, Please see the attachments. Section 8.5 of the members agreement is what the letter is referring to. Thanks, JoeC From: Marsha Bowman <MBowman@co.ottertail.mn.us> Sent: Tuesday, August 3, 2021 11:54 AM To: Joel Sellin <ioel@sellinbrothers.com> Subject: FW: Bass Harbor Storage LLC; Lake Lida ((56-747) Joel, As requested, I am forwarding you the information submitted for the tabled Conditional Use Permit Application of Bass Harbor Storage LLC. Have a nice day, Marsha Joel: 701-318-4803 Marsha Bowman Office Administrator 1 Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountymn.us 9'OTTER TAIL OOlMK MMMW 2 August 10, 2021 Greetings, I am writing as Manager of Bass Harbor Storage, LLC, to ensure you know that it does not appear that Bass Harbor Storage, LLCs process for seeking a conditional use permit in the name of Bass Harbor Storage, LLC, has been followed. Members of Bass Harbor Storage, LLC, met on August 7,2021, to address and discuss Mr. Adelman's conditional use permit application, but Mr. Adelman did not attend. We remain interested and are very hopeful that we can further discuss Mr. Adelman's proposals with him, but also wanted to clarify that the Bass Harbor Storage, LLCs Members Agreement provides that applications will be presented by the Manager. Thank you. Joel Sell in. Manager for Bass Harbor Storage, LLC BASS HARBOR STORAGE, LLC. MEMBERS AGREEMENT This Agreement is made and entered into between Bass Harbor Storage, LLC., a Minnesota limited liability company, hereafter "Bass Harbor Storage" and , hereafter "Buyer" and/or “Owner”, whether one or more. WHEREAS, Buyer is purchasing from Bass Harbor Storage an ownership interest in the limited liability company, which owns certain real property situate in Otter Tail County, Minnesota and described on the attached Exhibit "A", hereafter "Property" together with the exclusive right to use and occupy Site other Site, all as described on the attached Exhibit “A”, subject to the terms and provisions of this Agreement and the rights of the other Members of Bass Harbor Storage to use the remaining Sites, the Shared Area and the Restricted Shared Areas. , and excluding the right to use any WHEREAS, Bass Harbor Storage and Buyer desire to establish a plan for the shared use of the Property, and for the purpose of preserving the value, the structural quality, and the architectural character of the Property, all as set forth hereafter, and WHEREAS, Buyer desires that the Property be subject to such a plan and agrees that the purchase of said interest in Bass Harbor Storage shall be subject to the terms, conditions and provisions of this Members Agreement, all as set forth hereafter; THEREFORE, Bass Harbor Storage and Buyer hereby agree that the Property, and any interest Buyer may have in Bass Harbor Storage shall be owned, used, occupied and conveyed subject to existing rights and easements of record and subject to the covenants, restrictions, easements, charges and liens set forth herein, all of which shall be binding upon all Persons owning or acquiring any right, title or interest in Bass Harbor Storage, and their heirs, personal representatives, successors and assigns. SECTION 1 DEFINITIONS The following words shall have the following meanings (unless the context indicates otherwise): 1.1 "Assessments" shall mean all assessments levied by the Manager pursuant to Section 6 of this Members Agreement, including annual assessments, special assessments and limited allocation assessments and shall include all Shared Expenses pursuant to Section 4, hereof. 1.2 "Dwelling" shall mean any part of the Storage Building, designed and intended for occupancy by one or more Members. 1.3 "Eligible Mortgagee" shall mean any Person owning a mortgage, pledge or other security interest in any Member's ownership interest in Bass Harbor Storage or Storage Building, which mortgage, pledge or other security interest is first in priority upon foreclosure to all other mortgages that encumber such Interest, and which have requested the manager, in writing, to notify it regarding any proposed action that may be taken against said Member's ownership interest in Bass Harbor Storage or Storage Building. 1.4 "Manager" shall be the Managing Member of Bass Harbor Storage who is elected by the other Members once all of the Memberships are sold. Until such time as all the Memberships are sold, Bruce Qvammen shall serve as Manager. 1.5 "Member or Members" shall mean the Person or Persons who own a Membership Interest in Bass Harbor Storage, but excluding contract for deed or installment sale vendors, mortgagees and other secured parties. The term "Owner" includes, without limitation, contract for deed vendees and holders of a life estate. 1.6 "Person" shall mean a natural individual, limited liability company, limited liability limited partnership, trustee, or other legal entity capable of holding title to the share or shares of Bass Harbor Storage. 1.7 "Property" shall mean all of the real property subject to this Members Agreement and described on the attached Exhibit “A” together with the Storage Building and all other structures and improvements located thereon. 1.8 "Restricted Shared Area" shall mean any part of the Property not separately allocated for the exclusive use of a specific Member which shall be owned by Bass Harbor Storage, for the benefit of those Members to whom that part of the Property benefits. 1.9 "Restrictions" shall mean the Rules and Restrictions including the Rules and Regulations as enacted by the Manager or Owners, and hereafter referred to as "Rules and Regulations" adopted by the Members from time to time pursuant to Section 5.4. 1.10 “Shared Area" shall mean any part of the Property not separately allocated for the exclusive use of a specific Owner which shall be owned by Bass Harbor Storage, for the benefit of all Owners. 1.11 “Shared Expenses" shall mean all expenditures made or liabilities incurred by or on behalf of Bass Harbor Storage and incident to its operation, including Assessments and items otherwise identified as Shared Expenses herein. 1.12 "Storage Building" shall mean a building located on a portion of the Property separately allocated for the exclusive use of a specific Member, which shall 2 constitute personal property owned solely by the owner of that Storage Building, subjeet to the terms and provisions of this Agreement. 1.13 "Survey" shall mean that certain Certifieate of Survey attached hereto entitled "Bass Harbor Storage Sites", which consists of the map of the Property and Sites together with the legal descriptions of the Property and which is incorporated herein and made a part hereof by referenee. SECTION 2 DESCRIPTION OF SITES, BOUNDARIES AND RELATED EASEMENTS Sites. There are Thirteen (13) Sites, of which all present (Sites A through M, inclusive), constitute personal property as described and as shown on the Survey. There may be additional property added which shall be designated as personal property and also possibly additional property, which may or may not be designated as a Shared Area. Sites A through L shall be allocated to the exclusive use and possession of an Owner, subject to the provisions of this Member's Agreement and shall be restricted solely to use for storage and not as a dwelling. No Site may be subdivided or partitioned and no more than one Storage Building covering less than thirty-three percent (33%) of the Site may be erected upon a Site without the written consent of all Owners and all secured parties holding first mortgages thereon. Any Storage Buildings erected on any Site may not exeeed Twenty-two feet at its highest point. 2.1 Site Boundaries. The front, rear and side boundaries of each Site are as2.2 depicted on the Survey. Access Easements. Each Site shall either share a Restricted Shared Area for access to the public highway for access to and the use of the Site, or direct access to the public highway as shown on the Survey, subject to any Restrictions set forth herein. 2.3 Utility and Maintenance Easements. Each Site shall be subject to and shall be the beneficiary of perpetual appurtenant easements for all services and utilities servicing the Property, and for maintenance, repair and replaeement as deseribed in Section 12. 2.4 2.5 Recorded Easements. The Property shall be subject to such other easements as currently are or may hereafter be reeorded against it. 2.6 Easements are Appurtenant. All easements and similar rights burdening or benefiting a Site or any other part of the Property shall run with the land, and shall be permanent, subject only to termination in aeeordance with the terms of the easement and this Agreement. Any recorded easement benefiting or burdening the Property shall be construed in a manner eonsistent with, and not in conflict with, the provisions of this Agreement. 3 Impairment Prohibited.No person shall materially restrict or impair any easement benefiting or burdening the Property, subject to this Member's Agreement and the right of the Manager to establish and enforce reasonable Restrictions governing the use of the Property. 2.7 Benefit of Easements. All easements benefiting a Site shall benefit the Owners of the Site, and their families and guests. 2.8 4 SECTION 3 SHARED AND RESTRICTED SHARED AREAS Shared Area. The Shared Area and its characteristics are as follows:3.1 There is presently no Shared Area as identified on the Survey. If in the future additional land is added to the project, any area depicted as Shared Area for the future development shall also be Shared Area for the initial sites. a. The Shared Area shall be subject to (i) the easements referred to herein; (ii) the rights of Owners and Occupants and (iii) the right of the Management Committee to establish reasonable Restrictions governing the use of the Property. b. c.Except as otherwise expressly provided herein, all maintenance, repair, replacement, management and operation of the Shared Area shall be the responsibility of the Management Committee. Shared Expenses for the maintenance, repair, replacement, management and operation of the Shared Area shall be assessed and collected from the Owners in accordance with Sections 4 & 6. Restricted Shared Areas. The Restricted Shared Areas are those parts of the Property allocated for the exclusive use of one or more Sites. The rights to the use and enjoyment of such Restricted Shared Areas are automatically conveyed with the conveyance of the Owner's interest in Bass Harbor Storage. The Restricted Shared Areas are described and allocated to the Sites as follows: 3.2 There is presently no Restricted Shared Area as identified on the Survey. If in the future additional land is added to the project, any area depicted as Restricted Shared Area for the future development shall also be Restricted Shared Area for the initial sites, to the extend so designated on the Survey of the additional added land. 3.3 SECTION 4 OWNERSHIP RIGHTS AND OBLIGATIONS The Owners of Bass Harbor Storage shall elect the Manager once all Sites are sold, who shall have the powers and authority of a Manager under Minnesota law, and as given in this Member’s Agreement. 5 Election of Manager. The Manager shall be elected by the Owners once all Sites are sold. The Owner of each membership interest shall have one vote for the election of the Manager. When more than one Person is an Owner of a separate membership interest, all such Persons shall be Owners; however, such Persons shall collectively have only one vote for the election of the Manager and they may not divide such vote. 4.1 4.2 Shared Expenses. The Manager shall be responsible for the daily operation of the limited liability company, including, but not limited to, collection of assessments and payment of taxes and insurance for the Property. Allocation of Shared Expenses. The Shared Expenses incurred by the Manager shall be shared between and assessed to the Owners equally, in that each Owner shall be assessed for each Membership Interest owned. However, if the Manager can establish with reasonable certainty the real estate taxes attributable to a Storage Building, then the Owner or Owners of the Site, shall be assessed the amount of said tax as a special assessment each year. 4.3 Rights and Obligations. Ownership of a share of Bass Harbor Storage shall include the voting rights and Shared Expense obligations described above, the non-exclusive right to use the Shared Area and Restricted Shared Areas with others assessed for the Shared Area and Restricted Shared Areas, and the exclusive right to use the Site allocated to that Owner, all in accordance with the terms and provisions of this Agreement. Title to the share of Bass Harbor Storage shall not be separated or conveyed separately, and any such conveyance, encumbrance, judicial sale or other transfer of any such allocated interest, separate from such title shall be void. The allocation of the rights, obligations and interests described in this Section may not be changed, except in accordance with this Agreement. 4.4 Authority to Vote. The Owner, or some natural person designated to act as proxy on behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such Owner at meetings of the Owners. However, if there are multiple Owners, only one Owner or other Person may cast such vote. 4.5 Partition. No Owner may bring an Action for the subdivision or sale, disposition, liquidation, division or Partition of the Property, or any portion thereof, and each Owner for said Owner and for that Owner's heirs, representations, devisees and Mortgagees hereby specifically waives any and all rights under statutory law, common law, or equity to bring any such action and agrees to reimburse all other Owners and the Bass Harbor Storage for all costs, expenses, disbursements and attorneys fees incurred by such other Owners and Bass Harbor Storage in defending and opposing any such action, regardless of the outcome or result. This section shall not prohibit or prevent the Owner from selling, mortgaging or encumbering their entire interest together with the exclusive right to use the Site allocated to that Owner. 4.6 SECTION 5 ADMINISTRATION 6 5.1 General. The Manager shall, subject to the rights of the Owners set forth herein, be responsible for the operation, management and control of the limited liability company. Operational Purposes. The Owners shall be responsible for the maintenance and upkeep of their individual Sites. In the event an Owner neglects or refuses to maintain the Site in a reasonable manner to where the Site becomes unsightly or a public nuisance, the Manager shall have the authority to hire for the maintenance of the Site and assess the Owner for the cost of such maintenance. Such assessment shall become a lien on the Site. 5.2 Binding Effect of Actions. All agreements and determinations made by the Manager in accordance with its powers and voting rights shall be binding upon all Owners and Occupants, and their guests, heirs, personal representatives, successors and assigns, and all secured parties. 5.3 Restrictions. The Manager shall have exclusive authority to, but need not, adopt and implement such reasonable Restrictions as are necessary from time to time for the purpose of operating and administering the affairs of the Owners and regulating the use of the Property. New or amended Restrictions shall be effective only after thirty (30) days written notice thereof has been given to the Owners. 5.4 SECTION 6 ASSESSMENTS General. Assessments shall be determined and assessed against the Owners by the Manager, in its discretion; subject to the requirements and procedures set forth herein. Annual assessments under Section 6.2 shall include Shared Expenses and may include special assessments and limited allocation assessments. Annual and special assessments shall be allocated among the Owners, in accordance with Section 4.3. Limited allocation assessments under Section 6.4 shall be allocated as set forth in that Section. 6.1 Annual Assessments. Annual assessments shall be established and levied by the Manager, subject to the limitations set forth hereafter. Each annual assessment shall cover all of the anticipated Shared Expenses which are to be shared in accordance with the allocation set forth in Section 4.3. Annual assessments shall be payable in semi-annual installments. Annual assessments shall provide, among other things, for an adequate reserve fund. 6.2 Special Assessments. In addition to annual assessments, and subject to the limitations set forth hereafter, the Manager may levy in any assessment year a special assessment for the purpose of defraying, in whole or in part the cost of any unforeseen and unbudgeted Shared Expenses. 6.3 Limited Allocation Assessments. In addition to annual assessments and special assessments, the Manager may, at its diseretion, levy and allocate limited allocation assessments among only certain Owners in accordance with the following 6.4 7 requirements and procedures: Any assessment associated with the maintenance, repair, or replacement of a Restricted Shared Area shall be assessed exclusively against the Owner or Owners having the exclusive use of the Restricted Shared Area. a. b.Any assessment or portion thereof benefiting fewer than all of the Sites may be assessed exclusively against the Owner or Owners having the exclusive use of the benefited or affected, including repairs, improvement or maintenance expenses directed by the Manager. The costs of utilities may be assessed in proportion to usage as separately metered, unless the Owner has taken the responsibility of having the utility charges delivered directly to the Owner. c. d.Reasonable attorneys' fees and other costs incurred by the manager in cormection with (i) the collection of assessments (ii) the enforcement of this Agreement and (iii) taxes attributable to a Site, to the extent that the Manager can establish with reasonable certainty the real estate taxes attributable to said Site. Late charges, fines and interest may be assessed as provided Section 13.e. f If any damage to the Shared Area, Restricted Shared Areas or another Site or Storage Building is caused by the act or omission of any Owner or their guests, the Manager may assess the costs of repairing the damage exclusively against that Owner to the extent not covered by insurance. If any assessment or installment of an assessment becomes more than thirty (30) days past due, then the Manager may, upon thirty (30) days' written notice to the Owner, declare the entire amount of the assessment immediately due and payable in full and assert a lien against the Owner’s ownership interest in Bass Harbor Storage. g- Assessments levied under Section 6.4. (a) through (g) may, at the discretion of the Manager, be assessed as a part of, or in addition to, the Assessments levied under Section 6.2 or 6.3. Working Capital Fund. There shall be established reserv'es to meet unforeseen expenditures or to purchase additional equipment or services. 6.5 Liability of Owners for Assessments. The obligation of an Owner to pay assessments shall commence at the later of (1) the time at which the Owner acquires a share of Bass Harbor Storage, or (ii) the due date of the first assessment levied by the Manager. The Owner at the time an assessment is payable shall be personally liable for that Owner's share 6.6 8 of the Shared Expenses assessed to that Owner. Such liability shall be joint and several where there are multiple Owners. The liability is absolute and unconditional. No Owner is exempt from liability for payment of Assessments by right of set-off, by waiver of use or enjoyment of any part of the Property, by absence from or abandonment of the Property, by the waiver of any other rights, or by reason of any claim against the Manager, Bass Harbor Storage or other Owners, or for their failure to fulfill any of their duties. The Manager may invoke the charges, sanctions and remedies set forth in Section 13, in addition to any remedies, or by law, for the purpose of enforcing its rights hereunder. Assessment Lien. The Manager and Bass Harbor Storage have a lien on any Owner's membership interest in Bass Harbor Storage, and that Owner's respective Storage Building for any assessment from the time the assessment becomes due. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due. Fees, charges, late charges, fines and interest charges are liens, and are enforceable as assessments, under this Section 6. This Agreement constitutes notice and perfection of any lien under this Section 6, and no recordation of any notice of or claim for the lien is required. The release of the lien shall not release the Owner from personal liability unless agreed to in writing by the Manager. 6.7 Foreclosure of Lien. Remedies. A lien for Assessments may be foreclosed against an Owner's membership interest in Bass Harbor Storage, and their respective Storage Building under the laws of the State of Minnesota. The Manager, or its authorized representative, shall have the power to bid in at the foreclosure sale and to acquire, hold, lease, mortgage and convey any ownership interest so acquired. The Owner and any other Person claiming an interest therein grants to the Manager a power of sale and full authority to accomplish the foreclosure. The Manager shall, in addition to its other remedies, have the right to pursue any other remedy at law or in equity against the Owner who fails to pay any assessment or charge. 6.8 Lien Priority: Foreclosure. A lien for Assessments is prior to all other liens and encumbrances except (i) liens and encumbrances perfected before the date of this Agreement, and (ii) any first liens on an ownership interest of the Owner. 6.9 In a voluntary conveyance of an Owner's interest in the Bass Harbor Storage, the buyer shall not be personally liable for any unpaid assessments and other charges made by the Manager against the seller prior to the time of conveyance to the buyer, unless expressly assumed by the buyer. However, the lien of such Assessments shall remain against the ownership interest until released. Any seller or buyer shall be entitled to a written statement from the Manager setting forth the amount of the unpaid Assessments, including all assessments payable in the current fiscal year, which statement shall be binding on the Manager, seller and buyer. Voluntary Conveyances. Statement of Assessments.6.10 SECTION 7 9 RESTRICTIONS ON USE OF PROPERTY All Owners and Occupants, and all secured parties, by their acceptance or assertion of an interest in Bass Harbor Storage, or by their use of the Storage Building covenant and agree that, in addition to any other restrictions which may be imposed herein, the, use, operation, alienation and conveyance of said interest shall be in accordance with the following restrictions: General. The Property shall be owned, conveyed, encumbered, used and occupied subject to this Agreement and such restrictions as are enacted by the Manager or Owners, all as amended from time to time. All covenants, restrictions and obligations are in furtherance of a plan for the Property to be operated as a storage building area, and shall obligate all Owners and Occupants and any other Person acquiring or owning an interest in Bass Harbor Storage, their heirs, personal representatives, successors and assigns. The construction of a Storage Building shall conform with all building codes and set back requirements of the State of Minnesota and the County of Otter Tail, Minnesota; shall be located no closer than ten (10) feet from the boundary of any other Site; and the fronts of all buildings must be aligned even with the fronts of the adjacent buildings a set distance from the road, such distance to be determined by the Manager. All Storage Buildings shall be No. 7.1 and trimmed with as designated on the Foltz Buildings Elite Series color chart. All overhead and or No. No. entry doors shall also be either No. be orientated so that the gable ends of the buildings face the front of the lot. In addition, all Owners shall plant and maintain ■ boundaries of their respective Site or Sites. . All Buildings shall ) or more pine trees on the and Subdivision Prohibited. Neither an Owner's interest in Bass Harbor Storage or the Site allocated to such Owner, nor the use of any part of the Shared Areas may be subdivided or partitioned without the prior written approval of all Owners and all secured parties. 7.2 Storage Use. All Sites, as identified on the Survey, shall be used by Owners and their guests in accordance with this Agreement as a storage facility, and not for any other commercial, business or residential purpose, all in accordance with the Statutes and Ordinances of the State of Minnesota and the County of Otter Tail, Minnesota. 7.3 Business Use Restricted. No business, trade, occupation or profession of any kind, whether carried on for profit or otherwise, shall be conducted, maintained or permitted on any Site or in any Storage Building. In addition, no lighted signs may be placed on any Site or on the Property. 7.4 Sub-Leasing. Sub-Leasing and rental of the Site by the Owners shall be allowed; provided, however, that: (i) the Site shall be leased or rented only for storage purposes, (ii) that no Site may be leased or rented for commercial or residential use, (iii) that all leases and rental agreements shall be in writing, (iv) that all leases and rental agreements shall provide that they are subject to the provisions of this Agreement and any Restrictions enacted by the 7.5 10 Manager; (v) that the Owner shall remain liable for all obligations to the Bass Harbor Storage; and (vi) that any failure of the lessee or renter to comply with the terms thereof shall be a default under the lease or rental agreement. The Manager may impose such reasonable Restrictions as may be necessary to implement procedures for the leasing and rental of Sites, consistent with this Section. The time share form of ownership, or any comparable form of lease, occupancy rights or ownership which has the effect of dividing the ownership or occupancy of an Owner's interest in Bass Harbor Storage or the Site allocated to such Owner into separate time or use periods, is prohibited. Time Shares Prohibited.7.6 Outside Storage and Parking. Temporary Outside Storage and Parking is permitted on the Sites, provided that any and all vehicles, trailers, or other items removed from the Storage Building shall be returned to, and parked in, the Storage Building by no later than 10:00 p.m. each day. There shall be no Outside Storage other than as provided herein. This paragraph shall be subject to Restrictions enacted by the Manager, including without limitation, the right of the Manager to tow illegally parked vehicles, trailers or other items, or to remove unauthorized personal property. 7.7 Animals. No animals, birds or reptiles of any kind shall be raised, bred or kept on the Sites or brought on the Property, except for a pet that is on a leash and is under the control of the Owner at all times the pet remains on the Property. Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanently banned from the Property. The Owner will compensate any person injured by any pet and shall hold the Manager, Bass Harbor Storage and other Owners harmless from any claim resulting from any action of the pet. Any droppings in the Property will be picked up and removed immediately by the Owner. 7.8 Notwithstanding the above, in no event will any dog whose breed is known for its viciousness or ill temper, in particular, the American Staffordshire Terrier, known as a "Pit Bull Terrier," be permitted on the Property, nor will animal of any kind that has venom or poisonous or capture mechanisms, or if let loose would constitute vermin, be permitted on the Property. Other animals will be permitted if such animals serve as physical aids to handicapped persons and such animals have been trained or provided by an agency or service qualified to provide or train such animals. Quiet Enjoyment. Interference Prohibited. All Owners and their guests shall have a right of quiet enjoyment in their respective Site. The Property shall be occupied and used in such a manner as will not cause a nuisance, nor unduly restrict, interfere with or impede the use of the Property by other Owners and their guests. 7.9 Compliance with Law. No use shall be made of the Property which would violate any then existing rules or ordinances, or county, state or federal laws, nor shall any act or 7.10 11 use be permitted which could cause waste to the Property, cause a material increase in insurance rates on the Property, or otherwise cause any unusual liability, health or safety risk, or expense, for any Owner or Bass Harbor Storage. Initial Construction and Alterations. No Storage Building shall be erected on any Site without the prior approval of the Manager as to Storage Building specifications and location, as provided in Section 8. In addition, except for those Alterations required or authorized under Section 8, no Alterations (as defined in Section 8) shall be made, or caused or allowed to be made in any Storage Building, without the prior written authorization of the Manager, as provided in Section 8. 7.11 Ponds. Wetlands and Trees. Ponds, marshes, wetland areas, vegetation and trees, whether natural or otherwise, shall be maintained in substantially the same condition as originally established, subject only to (i) changes authorized by the Manager consistent with all statutes, requirements, rules and regulations imposed on such areas and items by governmental authorities having jurisdiction and (ii) the prior approval of any such governmental authorities, if required. No cutting, mowing, trimming, draining, dredging or other alteration of such areas and items shall be permitted, except as authorized by this Section 7.12, it being the intention that such areas and items remain and be maintained in substantially the condition existing as of the date hereof, and subject to natural changes. 7.12 Access to Storage Buildings. In case of emergency, all Storage Buildings and Restricted Shared Areas are subject to entry, without notice and at any time, by the Manager, its agents or by any public safety personnel. Entry is also authorized for maintenance purposes under Sections 9 and 12, for enforcement purposes under Section 13 and for purposes of inspections required under applicable laws and regulations. 7.13 SECTION 8 ARCHITECTURAL STANDARDS One of the purposes of this Agreement is to ensure that the Property be kept architecturally attractive and uniform in appearance. Therefore, the following restrictions and requirements shall apply to alterations on the Property: Restrictions on Alterations.8.1 Except as expressly provided elsewhere in this Section 8, no structure, building, addition, deck, patio, fence, wall, enclosure, window, exterior door, antenna or other type of sending or receiving apparatus, sign, display, color change, material topographieal or landseaping change, nor any other exterior improvements to or alteration of any Storage Building or any other part of the Site which affects the Property, or which is visible from the exterior (collectively referred to as "Alterations"), shall be commenced, erected or maintained, unless and until the plans and specifications showing the nature, kind, shape, height, color, materials and locations of the Alterations shall have a. 12 been approved in writing by the Manager. The Manager shall establish the criteria for approval of construction and Alterations, which shall include and require, at a minimum: b. uniformity of color (No. designated on the Foltz Buildings Elite Series color chart. All overhead and entry doors shall also be either No. size, loeation (All Buildings shall be orientated so that the gable ends of direction, with the fronts aligned with the adjacent buildings and a set distance form the road), type and design in relation to existing Storage Buildings and topography. and trimmed with No.1.as or No. the buildings face in a 2.ease of maintenance and repair. adequate protection of the Property, the Manager, Bass Harbor Storage and the Owners from liability and liens arising out of the proposed Alterations, 3. minimum set backs from other Sites of ten (10) feet and maximum heights at the highest point of the Storage Building of Twenty-two (22) 4. feet, gable and eve overhangs of a minimum of two (2) feet;5. substantial preservation of sight lines of other Storage Buildings, if material, and compliance with state and local governmental laws, codes, set-backs and regulations. 6. 7. The Manager shall be the sole Judge of whether the criteria are satisfied. The following antennas may be installed on a Storage Building, as permitted by applicable federal law; (i) one antenna one (1) meter or less in diameter for the purpose of receiving direct broadcast/satellite service or video programming serv'ices, or (ii) any antenna for receiving television broadcast signals; provided, that the Manager may require that the antenna be installed so as to minimize its visibility from the front of the Storage Building and otherwise camouflage its appearance, unless such requirements would (i) unreasonably delay installation, (ii) unreasonably increase the cost of installation, maintenance or use of the antenna, or (iii) preclude reception of an acceptable quality signal. Such installation shall be subject to all governmental laws, codes and ordinances. The Manager shall have authority to impose further, reasonable requirements consistent with law. The Owner is responsible for all c. 13 maintenance and repair of any antenna installed on a Storage Building. Review Procedures.8.2 The following procedures shall govern requests for Alterations under this Section: a. Detailed plans, specifications and related information regarding any proposed Alterations, in form and content acceptable to the Manager, shall be submitted at least thirty (30) days prior to the projected commencement of construction. No alterations shall be commenced prior to approval. b. The Manager shall give the Owner written notice of approval or disapproval within thirty (30) days after receipt of said plans and specifications and all other information requested. Remedies for Violations. The Manager may undertake any measures, legal or administrative, to enforce compliance with this Section and shall be entitled to recover from the Owner causing or permitting the violation all attorneys' fees and costs of enforcement incurred by the Manager, whether or not a legal action is started. Such attorneys' fees and costs shall be a Lien against the Owner's ownership interest in Bass Harbor Storage or the Storage Building and a personal obligation of the Owner. In addition, the Manager shall have the right to enter the Storage Building and to restore any part of the Storage Building to its prior condition if any Alterations were made in violation of this Section, and the cost of such restoration shall be a personal obligation of the Owner and a lien against the Owner's ownership interest in Bass Harbor Storage or Storage Building. 8.3 The Owner who causes Alterations to be made, regardless of whether the Alterations are approved by the Manager, shall be solely responsible for the construction standards and specifications relating to the Alterations, and the construction work. The Owner is solely responsible for determining whether any Alterations are in violation of any restrictions imposed by any governmental authority having jurisdiction over the Property. The Owner shall indemnify and hold the other Owners and Bass Harbor Storage harmless from and against any expenses, claims, damages, losses or other liabilities, including without limitation attorneys' fees and costs of litigation, arising out of (1) any Alterations which violate any governmental laws, codes, ordinances or regulations, (ii) the adequacy of the specifications for construction of the Alterations, and (iii) the construction of the Alterations. 8.4 Hold Harmless. 8.5 Representation Before Otter Tail County. Because the Property is to continue as one entire parcel, all Owners understand and agree that any request for a Building Permit, Variance, Conditional Use Permit or other action before the Otter Tail County Zoning Board or other Otter Tail County Office or Board must be presented by the Manager in the name of Bass Harbor Storage. The Owner may accompany and assist the Manager but shall not present any requests individually. All such requests shall be in the name of Bass Harbor Storage. Any Owner requesting such action shall be responsible for all costs associated with the request. 14 including any and all filing fees. Inability to Build. For a period of one (1) year from and after the date of purchase of a membership interest in Bass Harbor Storage, if the Manager is unable to obtain for a Buyer or Owner a building permit to build a Storage, Building that would otherwise comply with the terms and conditions of this Agreement, Bass Harbor Storage shall be obligated to purchase from the Owner that Owner's share of the limited liability company, at the price the Owner initially paid for the membership interest. 8.6 SECTION 9 MAINTENANCE The Owners shall provide for all maintenance, repair or replacement (collectively referred to as "maintenance") of the Site and Storage Building, including all improvements thereon and all utility, sewer and water lines. However, for the purpose of preserving the architectural character, quality, and uniform and high standards for appearance of the Property, the Manager shall have the right to control exterior maintenance upon the Storage Buildings as follows: If an Owner fails to properly maintain the Site or Storage Building allocated to that Owner, in the determination a two-thirds vote of the remaining Owners, after ninety (90) days written notice to the Owner, the Manager shall have authority to perform the following maintenance items on a Storage Building or Site at the expense of that Owner: lawn care, paint, repair and replace roofs, gutters, down spouts, garage doors and exterior entry doors (except hardware), windows and window frames, exterior siding and other building surfaces. The Manager shall have easements as described in Section 12 to perform such maintenance. The Manager shall provide for all maintenance of the Shared Area. Maintenance.9.1 Maintenance by Owner. Subject to the controls authorized under Section 9.1, all maintenance of each Site and Storage Building shall be the sole responsibility and expense of the Owner to whom that Site and Storage Building is allocated. The Restricted Shared Areas allocated to a Site shall be maintained by the Owner to whom that Site is allocated. However, the Owners and Occupants shall have a duty to promptly notify the Manager of defects in or damage to those parts of the Property which the Owner is obligated to maintain. The Manager may require that any exterior maintenance to be performed by the Owner be accomplished pursuant to specific uniform criteria established by the Manager, accordance with Section 9.1, the Manager may undertake any exterior maintenance which the responsible Owner fails to or improperly performs and charge and assess the Owner for the cost thereof Such cost shall be a personal obligation of the Owner and a lien against the Owner's ownership interest in Bass Harbor Storage or Storage Building. 9.2 In Damage Caused by Owner. Notwithstanding any provision to the contrary in this Section, if, in the judgment of the Manager, the need for maintenance of any part of the Property is caused by the willful or negligent act or omission of an Owner or Occupant, or their 9.3 15 guests, or by a condition in a Storage Building which the Owner or Occupant has willfully or negligently allowed to exist, the Manager may cause such damage or condition to be repaired or corrected (and enter any Site or Storage Building to do so), and the cost thereof may be charged and assessed against the Owner responsible for the damage. Such cost shall be a personal obligation of the Owner and a lien against the Owner's ownership interest in Bass Harbor Storage or Storage Building. SECTION 10 INSURANCE Required Coverage. The Manager shall obtain and maintain, at a minimum, a master policy or policies of insurance in accordance with the insurance requirements set forth herein, issued by a reputable insurance company or companies authorized to do business in the state of Minnesota, as follows: 10.1 Insurance on the Shared Area and a Comprehensive public liability insurance covering the use, operation and maintenance of the Property, with minimum limits of One Million Dollars per occurrence, against claims for death, bodily injury and property damage, and such other risks as are customarily covered by such policies for projects similar in construction, location and use to the Property. The policy shall contain a "severability of interest" endorsement which shall preclude the insurer from denying the claim of an Owner or Occupant because of negligent acts of the Manager or other Owners or Occupants. a. Directors and Officers liability insurance for the Members of the Management Committee with such reasonable limits and coverages as the Management Committee shall determine from time to time. b. c.Such other insurance as the Manager may determine from time to time to be in its best interests and that of the Owners. 10.2 Optional Coverage. The Manager may obtain fidelity bond or insurance coverage against dishonest acts on the part of officers, managers, employees or persons responsible for handling funds belonging to or administered by the Manager, if deemed to be advisable by the Manager or required by the regulations of any financing-related institution as a precondition to the purchase, insuring, guarantee, or financing of a mortgage on an Ownership interest in the Property. Premiums. Improvements. Deductibles. 6.4, all insurance premiums shall be assessed and paid as an Annual Assessment. 10.4 Loss Payee: Insurance Trustee. All insurance coverage maintained by the Manager shall be written in the name of, and the proceeds thereof shall be payable to it as 10.3 Except as provided in Section 16 trustee for the benefit of Bass Harbor Storage, including Eligible Mortgagees, which suffer loss. The Manager shall have exclusive authority to negotiate, settle and collect upon any claims or losses under any insurance policy it maintains. EACH OWNER SHALL OBTAIN PROPERTY AND LIABILITY INSURANCE COVERAGE FOR THE SITE AND STORAGE BUILDING ALLOCATED TO THAT OWNER AND FOR THE OWNER'S PERSONAL PROPERTY ALL AT THE OWNER'S SOLE EXPENSE. The liability insurance shall name Bass Harbor Storage as an additional insured. Insurance policies maintained by Owners are without contribution as against the insurance purchased by the Manager, except as to deductible amounts or other items not covered under such policies. 10.5 OWNER'S PERSONAL INSURANCE. SECTION 11 RECONSTRUCTION, CONDEMNATION AND EMINENT DOMAIN 11.1 Reconstruction. The obligations and procedures for the repair, reconstruction or disposition of the Property following damage or destruction thereof shall be determined by the Owner and Manager. Any repair or reconstruction shall be substantially in accordance with the plans and specifications of the Property as initially constructed and subsequently improved. Notice of substantial damage or destruction shall be given as provided in Section 16.3. In the event that a Storage Building cannot be reconstructed substantially in accordance with the plans and specifications of the Property as initially constructed and subsequently improved due to the rules and regulation of the State of Minnesota or Otter Tail County, Bass Harbor Storage shall be obligated to purchase from the Owner that Owner's share of the limited liability company, at the price the Owner initially paid for the membership interest and such Owner's interest shall be retired. Condemnation and Eminent Domain. In the event of a taking of any part of the Property by condemnation or eminent domain, (i) notice shall be given pursuant to Section 16.3, (ii) the Manager shall be the attomey-in-fact to represent the Owner or Owners in any related proceedings, negotiations, settlements or agreements and (iii) any awards or proceeds shall be payable to the limited liability company for the benefit of the Owners and the mortgagees of their ownership interest in the Property. If a condemnation proceeding results in the taking of a Storage Building, the Owner of said Storage Building shall be entitled to receive from the award the amount established by the Court, negotiations, settlements or agreements for said Storage Building, and if said Storage Building cannot be reconstructed substantially in accordance with the plans and specifieations of the Property as initially constructed and subsequently improved due to the rules and regulation of the State of Minnesota or Otter Tail County, Bass Harbor Storage shall be obligated to purchase from the Owner that Owner's share of the limited liability company, at the price the Owner initially paid for the membership interest and such Owner's interest shall be retired. 11.2 17 Destruction by Nature or Act of God. In the event a Storage Building is damaged by Nature or an Act of God and cannot be reconstructed, (i) the Manager shall be the attomey-in-fact to represent the Owner in any proceedings, negotiations, settlements or agreements with the State of Minnesota or Otter Tail County for the replacement of said Storage Building; and (ii) if said Storage Building cannot be reconstructed or replaced substantially in accordance with the plans and specifications of the Property as initially constructed and subsequently improved due to the rules and regulation of the State of Minnesota or Otter Tail County, Bass Harbor Storage shall be obligated to purchase from the Owner that Owner's share of the limited liability company, at the price the Owner initially paid for the membership interest and such Owner's interest shall be retired. It is the Owner’s responsibility to insure their Storage Building for its insurable value. 11.3 11.4 Liquidation. An 80% approval of all Owners shall be required before the Property, or any portion thereof, including any Shared Area or Restricted Shared Areas, may be sold, liquidated or disposed of, in whole or in part. 11.5 Termination and Liquidation. The termination of this Members Agreement, the liquidation of the Property and the distribution of any proceeds therefrom, shall be governed by this Agreement. Notice. The Manager shall give written notice of any condemnation proceedings or substantial destruction of the Property to the Owners. Authority. In all cases involving reconstruction, condemnation, eminent domain, termination or liquidation of the Property, the Manager shall have authority to act on behalf of the Owners in all proceedings, negotiations and settlement of claims. All proceeds shall be payable to the Bass Harbor Storage in Trust to hold and distribute for the benefit of the Owners, as their interests may appear. 11.6 11.7 SECTION 12 EASEMENTS The Property shall be subject to non-exclusive, appurtenant easements in favor of all public utility companies and other utility providers for the installation, use, maintenance, repair and replacement of all utilities, such as natural gas, electricity, cable TV and other electronic communications, water, sewer, septic systems, wells, and similar servdces, and metering and control devices, which exist or are constructed as part of the Property otherwise described herein or any other duly recorded instrument. Each Storage Building, and the rights of the Owners thereof, shall also be subject to a non-exclusive, appurtenant easement in favor of the other Storage Buildings for all such utilities and services; provided, that the utilities and services shall be installed, used, maintained and repaired so as not to interfere with the use and quiet enjoyment of the Sites and Storage Buildings by the Owners, nor affect the structural or architectural integrity of the Storage Buildings. 12.1. Utility Easements. 18 12.2. Well and Sewer Easements. The Property presently does not contain any water wells or sewer systems which can be used for the benefit of the Sites. All Owners shall be responsible for their own water acquisition or sewer systems should any Owner wish to have water or sewer on a Site. Should any Owners wish to establish a common well, water supply, or sewer systems, said Owners shall be allowed to do so, provided said shared facilities are located entirely upon those Sites that are a party to the shared agreement, or have obtained the written permission from the Owner of a Site not a party to the agreement, and any and all agreements regarding the same shall first be approved by the Manager. Pursuant to Section 8.5, any application for any permits or other applications before Otter Tail County shall be presented by the Manager in the name of Bass Harbor Storage. Each Owner of a Site that is or will be connected to a shared well and/or sewer system is responsible for the use, repair, maintenance and operation of said shared system. 12.3 Continuation and Scope of Easements. Notwithstanding anything herein to the contrary, no Owner shall be denied reasonable access to the Site allocated to such Owner or the right to utility services thereto. The easements set forth in this Section 12 shall supplement and not limit any easements described elsewhere in this Agreement or which are of record, and shall include reasonable access to the easement areas through the Property for purposes of maintenance, repair, replacement and reconstruction. All easement rights shall include a right of reasonable access to maintain, repair and replace the utility lines and related equipment. SECTION 13 COMPLIANCE AND REMEDIES Each Owner, and any other Person owning or acquiring any interest in Bass Harbor Storage, shall be governed by and comply with the provisions of this Agreement, and such restrictions as are enacted by the Manager, all as amended from time to time, and a failure to comply shall entitle the Manager to the relief set forth therein and in this Section. Entitlement to Relief The Manager may commence legal action in law or in equity to recover sums due, for damages, for injunctive relief or to foreclose a lien owned by Bass Harbor Storage, or any combination thereof, or an action for any other relief authorized by this Agreement, and such restrictions as are enacted by the Manager, all as amended from time to time. No Owner may withhold any payment owed to Bass Harbor Storage, or take or omit other action in violation of the foregoing as a measure to enforce such Owner's position, or for any other reason. 13.1 In addition to any other remedies or sanctions, expressed or implied, administrative or legal, the Manager shall have the right, but not the obligation, to implement any one or more of the following actions against Owners and Occupants and/or their guests, who violate the provisions of this Agreement, and such Sanctions and Remedies.13.2 19 restrictions as are enacted by the Manager, all as amended from time to time; Commence legal action for damages or equitable relief in any court of competent jurisdiction. a. b.Impose late charges of up to the greater of Fifty dollars (S50), or fifteen percent (15%) of the amount past due, for each past due Assessment or installment thereof, and impose interest at the highest rate permitted by law accruing beginning on the first day of the month after the Assessment or installment was due. In the event of default of more than thirty (30) days in the payment of any Assessment or installment thereof, all remaining installments of Assessments assessed against the defaulting Owner may be accelerated and shall then be payable in full if all delinquent Assessments or installments thereof, together with all attorneys' fees, costs of collection and late charges, are not paid in full prior to the effective date of the acceleration. Not less than ten (10) days advance written notice of the effective date of the acceleration shall be given to the defaulting Owner. c. d.lmpose reasonable fines, penalties or charges for each such violation. Suspend the rights of any Owner to vote when that Owner's Assessments are past due, and suspend the rights of any Owner or Occupant and their guests to use any Site; provided, that the suspension of use rights shall not apply to the Restricted Shared Areas. Such suspensions shall be limited to periods of default by such Owners and Occupants in their obligations and for up to thirty (30) days thereafter, for each violation. e. f Restore any portions of the Shared Area or Restricted Shared Areas damaged or altered, or allowed to be damaged or altered, by any Owner or Occupant or their guests in violation hereof and to assess the cost of such restoration against the responsible Owners and their membership interest. Enter any Storage Building, Shared Area or Restricted Shared Areas in which, or as to which, a violation or breach exists which is likely to materially affect the health or safety of the other Owners, or their guests, or the safety or soundness of any part of the Property or the property of the Owners, and to summarily abate and remove, at the expense of the offending Owner, any structure, thing or condition in the Storage Building, Shared Area or Restricted Shared Areas which is causing the violation; provided, that any improvements which are a part of a Storage Building may be altered or demolished only pursuant to a g- 20 court order or with the agreement of the Owner. h.Foreclose any lien arising hereunder or under law, in the manner provided herein. Before the imposition of any of the remediesRights to Hearing. authorized by Section 14.2 (d), (e), (f) or (g), the Manager shall, upon written request of the offender, grant to the offender an opportunity for a fair and equitable hearing. The offender shall be given notice of the nature of the violation and the right to a hearing, and at least ten (10) days within which to request a hearing. The hearing shall be scheduled by the Manager and held within thirty (30) days of its receipt of the hearing request, and with at least ten (10) days' prior written notice to the offender. If the offender fails to timely request a hearing or to appear at the hearing, then the right to a hearing shall be deemed waived and the Manager may take such action as it deems appropriate. The decision of the Manager and the rules for the conduct of hearings it establishes shall be final and binding on all parties. The decision of the Manager shall be delivered in writing to the offender within ten (10) days following the hearing, if not delivered to the offender at the hearing. 13.3 13.4 Lien for Charges. Penalties. Etc. Any Assessments, charges, fines, expenses, penalties or interest imposed against an Owner under this Section shall be a lien against the Owner's ownership interest in Bass Harbor Storage, Storage Building and the personal obligation of such Owner in the same manner and with the same priority and effect as assessments under Section 6. The lien shall attach as of the date of imposition of the remedy, but shall not be final as to violations for which a hearing is held until the Manager makes a written decision at or following the hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be deemed a waiver of the right to pursue any others. 13.5 Costs of Proceeding and Attorneys' Fees. With respect to any collection measures, or any measures or action, legal, administrative, or otherwise including enforcement action, which the Manager takes, it may assess the violator with any expenses incurred in connection with such enforcement, including without limitation, fines or charges previously imposed, reasonable attorneys fees, and interest (at the highest rate allowed by law) on the delinquent amounts owed. Such expenses shall also include any collection or contingency fees or costs charged by a collection agency or other Person acting on behalf of the Manager in collecting any delinquent amounts owed by any Owner. Such collection or contingency fees or costs shall be the personal obligation of such Owner and shall be a lien against such Owner's ownership interest in Bass Harbor Storage and Storage Building. 13.6 Liability for Owners' and Guests' Acts. An Owner shall be liable for the expense of any maintenance, repair or replacement of the Property rendered necessary by such Owner's acts or omissions, or by that of guests on the Owner’s Site or in the Owner's Storage Building, to the extent that such expense is not covered by the proceeds of insurance carried by the Manager or such Owner or Occupant. However, any insurance deductible amount and/or increase 21 in insurance rates, resulting from the Owner's acts or omissions may be assessed against the Owner responsible for the condition and against such Owner's ownership interest in Bass Harbor Storage or Storage Building. 13.7 Enforcement by Owner. The provisions of this Section shall not limit or impair the independent rights of any Owners to enforce the provisions of this Agreement and such restrictions as are enacted by the Manager, all as amended from time to time. SECTION 14 AMENDMENTS Approval Requirements. Except as to any amendment of Section 11.4 of this Agreement, which shall require an 80% approval of all Owners, this Agreement may be amended by a 51% approval of all Owners, after all Sites have been sold. 15.1 15.2 Procedures. Such approval of the Owners may be obtained in writing or at a meeting of the Owners. The amendment shall be effective upon approval of such, or such other date as specified in the Amendment. An affidavit by the Secretary of Bass Harbor Storage as to the outcome of the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence thereof for all purposes, including without limitation, the recording of the amendment. SECTION 15 RIGHTS OF FIRST REFUSAL Notwithstanding anything to the contrary herein, the Owners and Bass Harbor Storage, shall have the following rights and protections: Right of First Refusal. In order to provide for the continuity and management for Bass Harbor Storage which will promote its successful growth and operation, the right of an Owner to sell, transfer or otherwise convey his or her interest in Bass Harbor Storage shall be subject to a right of first refusal. The terms and conditions of said Right of First Refusal shall be as follows: 15.1 15.1.1. Restrictions during life. No Owner shall transfer his or her shares of Bass Harbor Storage to any person, firm, limited liability company or other entity, without the consent of a majority of the outstanding members of Bass Harbor Storage excluding the shares owned by the Owner making the offer hereunder, unless the Owner desiring to make the transfer, hereinafter referred to as the Transferor, shall have first made the offer to sell hereinafter described and such offer shall not have been accepted. Offer by Transferor. The offer shall be given to Bass Harbor Storage anda. 22 to the other Owners and shall consist of an offer to sell all the membership interest in Bass Harbor Storage owned by the Transferor associated with the Storage Building, to which shall be attached a statement of intention to transfer, the purchase agreement containing the name and address of such prospective purchaser, and the terms of such transfer. Acceptance of offer. Within thirty (30) days after the receipt of such offer, Bass Harbor Storage may, at its option, elect to purchase all, but not less than all, of the interest owned by the Transferor. If such offer is not accepted by Bass Harbor Storage, the other Owners may, within forty-five (45) days after the receipt of such offer, at their option, purchase all, but not less than all, the interest of Bass Harbor Storage owned by the Transferor. Bass Harbor Storage shall exercise its election to purchase by giving notice thereof to the Transferor and to the other Owners. The other Owners shall exercise their election to purchase by giving notice thereof to the Transferor and to Bass Harbor Storage. In either event, the notice shall specify a date for the closing of the purchase which shall be not more than thirty (30) days after the date of the giving of such notice. In the event neither Bass Harbor Storage nor any Owner shall exercise their Right of First Refusal within the time limits herein provided, the Transferor may make a bona fide transfer to the prospective purchaser named in the statement attached to the offer, such sale to be made only in strict accordance with the terms therein stated. Any exercise by Bass Harbor Storage or any other Owner shall be upon the same terms and conditions as the purchase agreement triggering the Right of First Refusal. In the event more than one Owner wishes to exercise the Right of First Refusal, the Owner who has rented from Bass Harbor Storage the longest shall receive priority. b. Transfers Among Spouses or Lineal Heirs. Nothing contained in Section 16.1 shall prohibit the transfer of an interest in Bass Harbor Storage to a spouse or lineal heir of the Transferor. 15.2 SECTION 16 MISCELLANEOUS Severability. If any term, covenant, or provision of this Agreement or any exhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever, such term, covenant or provision shall be severed and such determination shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this Agreement or exhibits attached hereto. 16.1 Construction. Where applicable the masculine gender of any word used herein shall mean the feminine or neutral gender, or vice versa, and the singular of any word used herein shall mean the plural, or vice versa. 16.2 23 Notices. Unless specifically provided otherwise herein, all notices required to be given by or to the Manager or the Owners shall be in writing and shall be effective upon hand delivery, mailing if properly addressed with postage prepaid and deposited in the United States mail, or e-mailed with reply request. 16.3 16.4 Conflicts Among Documents. In the event of any conflict among this Agreement, the Rules or Regulations, and any decisions of the Manager, this Agreement shall control. Partition. Owner, for Owner and Owner's heirs, successors and assigns hereby irrevocably waives and releases any right to Petition any Court for a division or sale of the Property, by Partition or otherwise. 16.5 16.6 Power of Attorney. Owner, for Owner and Owner's heirs, successors and assigns, hereby irrevocably appoints and designates the Manager, as Owner's Attorney-in-Fact to take, perform or carry out each and every action and decision authorized or permitted to be taken by the Manager pursuant to this Agreement, with respect to any action before any Local, Township, County or State agency. In the event of a dispute between two or more Owners or between an Owner and the Manager if the dispute is not resolved within sixty (60) days of the event causing the dispute, the matter shall be submitted to binding arbitration before a retired judge or an attorney experienced in real property law under the rules of the CPR Institute for Dispute Resolution, upon the written demand of the Manager or any Owner. The parties shall use only one arbitrator unless they unanimously agree to more arbitrators. The Manager may elect to become a party to the arbitration between Owners, but cannot be compelled to be a party. Each party agrees that the decision of the arbitrator(s) shall be final and conclusive of the questions involved. The fees of the arbitrator(s) shall be shared equally by the parties, but each party shall pay its own attorney fees or other costs to prove its case. 16.7 Arbitration. IN WITNESS WHEREOF, the undersigned have executed this instrument the day and year first set forth in accordance with the requirements of the Act. BASS HARBOR STORAGE, EEC. By: Buyer 24 ? , Buyer 25 THIS INSTRUMENT WAS DRAFTED BY: Dean A. Rindy KENNELLY & O’KEEFFE, LTD 720 Main Avenue Fargo, ND 58103 (701)235-8000 26 Marsha Bowman Marsha Bowman Tuesday, August 10, 2021 11:27 AM Brent Frazier; Bruce Stone; Dave Trites; David Wass; Judd Fischer; Richard Gabe; Rick Wilson; Rod Boyer (rboyer@loretel.net) Chris LeClair; Michelle Eldien; scottadelman1972@gmail.com; tmtcivil@gmail.com; Naomi Marti FW; FW; Message from PRTLR03 Copy of Plat; August 11, 2021 Planning Commission Meeting SPRTLR0319102909220.pdf From: Sent: To: Cc: Subject: Attachments: As requested by Naomi Marti, I am forwarding this email. Marsha Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountymn.us OTTER TAIL From: Naomi Marti <naomiolsonll@gmail.com> Sent: Tuesday, August 10, 2021 11:22 AM To: Marsha Bowman <MBowman@co.ottertail.mn.us> Subject: Re: FW: Message from PRTLR03 Copy of Plat; August 11, 2021 Planning Commission Meeting Yes please....thank you! On Tue, Aug 10, 2021 at 8:31 AM Marsha Bowman <MBowman@co.ottertail.mn.us> wrote: I would like to confirm that you would like me to forward your email to the Planning Commission for the August 11,2021 Meeting. Thanks! Marsha Marsha Bowman Office Administrator Land & Resource Management GSC. 540 W Fir Fergus Falls. MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountymn.us OTTER TAIL county mmmmaa From: Naomi Marti <naomiolsonll@gmail.com> Sent: Monday, August 9, 2021 10:41 PM To: Marsha Bowman <MBowman@co.ottertail.mn.us> Subject: Fwd: FW: Message from PRTLR03 Copy of Plat Fli Marsha, hope all is well! I am forwarding you the email from Eric (with the county) for your reference. I know we had sent over an email prior to the last meeting with some info but I also wanted to include this as well. Please note the attached map with the highlighted green special protection easement. Please let me know if you have any questions. 1 Thanks! Naomi ---------Forwarded message---------- From: Todd Marti <toddmarti4(aemail.com> Date: Mon, Aug 9, 2021 at 8:19 PM Subject: Fwd: FW: Message from PRTLR03 Copy of Plat To: Naomi Olson <Naomiolsonll(Sgmail.com> ---------Forwarded message--------- From: Eric Babolian <EBabolia(Sco.ottertail.mn.us> Date: Tue, Oct 29, 2019,10:23 AM Subject: FW: Message from PRTLR03 Copy of Plat To: toddmarti4@gmail.com <toddmarti4@gmail.com> Todd, Attached is a copy of the plat showing the special protection easement and drainage easements on lots 17 and 18. Again, stay out of the special protection easement and don't fill in drainage easements and don't fill between the drainage easements and wetlands. Thanks, Eric From: admin@co.ottertail.mn.us <admin@co.ottertail.mn.us> Sent: Tuesday, October 29, 2019 9:23 AM To: Eric Babolian <EBabolia@co.ottertail.mn.us> Subject: Message from PRTLR03 2 SECTION 17-136-42-S007;'MV 2M0.00'------- SECTION IS- 136-42 Mffn«sa com«r toM*9n<hr No. fS Comar Northwaat comar Section l6-tM-41(Cartiflad on No. 842441) 0 (N.G.V.O. 1929) tmaraani omjatic <ragatathn Marsha Bowman Joel Sellin <joel@sellinbrothers.com> Tuesday, August 3, 2021 11:56 AM Marsha Bowman RE: Bass Harbor Storage LLC; Lake Lida ((56-747) From: Sent: To: Subject: Thank you Marsha. Have a great day as well! JoeCSeCCvn yice Tresident BROTHERS, INC. 218-483-3522 Phone 701-318-4803 Cell sellinbrothers.com From: Marsha Bowman <MBowman@co.ottertail.mn.us> Sent: Tuesday, August 3, 2021 11:54 AM To: Joel Sellin <joel@sellinbrothers.com> Subject: FW: Bass Harbor Storage LLC; Lake Lida ((56-747) . Joel, As requested, I am forwarding you the information submitted for the tabled Conditional Use Permit Application of Bass Harbor Storage LLC. Have a nice day, Marsha Joel: 701-318-4803 Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountvmn.us 9!: OTTER TAIL cowTv fciwUSdia 1 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:Bass Harbor Storage Scott Adelman/Troy Tooz 7620 Brink Drive Horace ND 58047 HEARING DATE/LOCATION: July 14, 2021 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): Construct a 21 Storage Unit Non-Dwelling PUD and build a road to access the Storage Units. Request to perform earthwork and road construction to build approximately 21 recreation storage building. An approx. 3,243 cubic yards will be cut for the project and an approx. 2,598 cubic yards of will be needed for project. LAKE NAME/NUMBER/CLASS: Lida Lake (56-747), General Development (GD) E-911 ADDRESS: 43915 Bass Harbor Road, Pelican Rapids MN 56573 Lots 20, 21, 22, 23, 24 & 25 BIk 1 of Palms of Lida 1®' Addition,LEGAL DESCRIPTION: Section 9 of Lida 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 may be expressed at the public hearing, mailed to the Land & Resource Management Office at the above address, or emailed to landfSco.ottertail.mn.us. Written correspondence or emails regarding this application must be received by 12;00PM the day before the public hearing date. Members of the public wishing to make comments at the public hearing may be present at the public hearing. As an alternative, members of the public wishing to observe and/or make comment on this application may participate in the public hearing virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095, prior to the hearing. Rick Wilson June 30. 2021 Chairman Planning Commission Mailing Date SECTION . VIEW .RADIUS AS REQUIRED 50' MIN. LENGTH WASHED ROCK 2"-4", 12" THICK 18" MIN. CUT OFF BERM TO MINIMIZE RUNOFF FROM SITE 20' MIN. WIDTH 12" MIN. DEPTHNOTES: 1. 9" DIAM. WAHLE WITH MINIMUM rx2"x24” WOOD STAKES @ 2' O.C. SPACING ALONG WATTLE LENGTH. 2. ENDS OF WAHLES MUST BE OVERLAPPED 6". 3. WATTLE SHALL BE INSTALLED MINIMUM 1" BELOW GRADE. NOTES: 1. FILTER FABRIC SHALL BE PLACED UNDER ROCK TO STOP MUD MIGRATION THROUGH ROCK. 2. ENTRANCE MUST BE MAINTAINED REGULARLY TO PREVENT SEDIMENTATION ON PUBLIC ROADWAYS.SEDIMENT CONTROL WATTLE DETAIL CONSTRUCTION ENTRANCE DETAIL1^ 7NOT TO SCALENOT TO SCALE. FABRIC SHALL BE CAPABLE OF RETAINING SEDIMENT 111 Q11iiiISTEEL FENCE POST (T-POST), MINIMUM 5' LONG, MAXIMUM SPACING OF 6' FOR MACHINE SLICED AND 8' FOR HEAVY DUTY. CO Q CD QiiiiiATTACH FABRIC TO POSTS WITH MINIMUM 3 ZIP TIES (50 LB. TENSILE) PER POST IN TOP 8" OF FABRIC <iiI ^ COziDdIiFINISHED GROUND ca ^MONOFILAMENT GEOTEXTILE FABRIC (MACHINE SLICED)<COPOST NOTCHES TO FACE AWAY FROM FABRIC QLU SPACE POSTS ACCORDING TO MANUFACTURER'SINSTRUCTIONS —I <C u_FLOW o 24" MIN. POST |ir EMBEDIMENT LU COLUMACHINE SLICE 8"-12" DEPTH (PLUS 6" FLAP) TRENCH MUST BE COMPACTED BY LIGHT EQUIPMENT PRIOR TO PLACEMENT OF STEEL POSTS. NOTES: 1. INSPECT AND REPAIR AFTER EACH STORM EVENT, AND REMOVE SEDIMENT WHEN NECESSARY. 2. REMOVED SEDIMENTS SHALL BE DEPOSITED IN AN AREA THAT WILL NOT CONTRIBUTE SEDIMENT OFF-SITE AND CAN BE PERMANENTLY STABILIZED. < Q. ACHINED SILT FENCE DETAIL TO SCALE SWPPP DETAILS SHEET 2 of 3 STANDARD EROSION CONTROL NOTES INSPECTION AND RECORD RETENTIONRESPONSIBILITIES THE PROPERTY OWNER OR CONTRACTOR MUST SUBMIT A COMPLETED NPDES APPLICATION FORM. THE OWNER AND OPERATOR (USUALLY THE GENERAL CONTRACTOR) ARE JOINTLY RESPONSIBLE FOR ALL TERMS AND CONDITIONS OF THE PERMIT. PROPERTY OWNER OR CONTRACTOR TO SUBMIT NPDES NOTICE OF INTENT PERMIT 7 DAYS PRIOR TO THE BEGINNING OF CONSTRUCTION, CONTRACTOR TO SUBMIT NPDES NOTICE OF TERMINATION TO WITHIN ONE WEEK OF FINAL RESTORATION ACCEPTANCE.. CONTRACTOR TO MONITOR AND REPORT ON STORM WATER MANAGEMENT REOUIREMENTS PER NDWPCA. FOR STORM WATER DISCHARGES FROM CONSTRUCTION PROJECTS WHERE THE OWNER OR OPERATOR CHANGES, THE NEW OWNER OR OPERATOR MUST SUBMIT A SUBDIVISION REGISTRATION WITHIN SEVEN (7) DAYS OF ANY OF THE FOLLOWING: a. ASSUMING OPERATIONAL CONTROL OF THE SITE. b. COMMENCING WORK ON THEIR PORTION OF THE SITE. c. LEGAL TRANSFER, SALE OR CLOSING ON THE PROPERTY. THE OWNER MUST IDENTIFY WHO WILL HAVE THE LONG TERM RESPONSIBILITY FOR LONG TERM OPERATION AND MAINTENANCE OF THE PERMANENT STORM WATER MANAGEMENT SYSTEM AND DEVELOP A CHAIN OF RESPONSIBILITY WITH ALL OPERATORS ON THE SITE TO ENSURE THE SWPPP WILL BE IMPLEMENTED AND STAY IN EFFECT UNTIL FINAL STABILIZATION AND SUBMITTAL OF THE NOT. 1. THE SWPPP, ALL CHANGES TO IT, AND INSPECTIONS AND MAINTENANCE RECORDS MUST BE KEPT AT THE SITE DURING CONSTRUCTION BY THE PERMITTEE WHO HAS OPERATIONAL CONTROL OF THE PORTION OF THE SITE. ALL OWNERS MUST KEEP THE SWPPP ON FILE FOR THREE YEARS AFTER THE SUBMITTAL OF THE NOTICE OF TERMINATION, INCLUDING THE FOLLOWING INFORMATION; a. ANY OTHER PERMITS REQUIRED FOR THE PROJECT b. RECORDS OF ALL INSPECTION AND MAINTENANCE CONDUCTED DURING CONSTRUCTION, c. ALL PERMANENT OPERATION AND MAINTENANCE AGREEMENTS THAT HAVE BEEN IMPLEMENTED, INCLUDING ALL RIGHT OF WAY, CONTRACTS, COVENANTS, AND OTHER BINDING REQUIREMENTS REGARDING PERPETUAL MAINTENANCE. d. ALL REQUIRED CALCULATIONS FOR DESIGN OF THE TEMPORARY AND PERMANENT STORM WATER MANAGEMENT SYSTEMS. THE PERMITTEE MUST ROUTINELY INSPECT THE SITE ONCE EVERY 7 DAYS DURING ACTIVE CONSTRUCTION AND WITHIN 24 HOURS AFTER A RAINFALL EVENT GREATER THAN 0,5 INCHES IN 24 HOURS. ALL INSPECTIONS AND MAINTENANCE CONDUCTED DURING CONSTRUCTION MUST BE RECORDED IN WRITING AND RETAINED WITH THE SWPPP. RECORDS SHOULD INCLUDE: a. DATE AND TIME OF INSPECTIONS b. NAME OF PERSON CONDUCTING INSPECTION. c. FINDING OF INSPECTION INCLUDING CORRECTIVE ACTION. DETAILS OF CORRECTIVE ACTION (DATE, TIME, PARTY COMPLETING MAINTENANCE) d. DATE AND AMOUNT OF RAINFALL GREATER THAN 0.6 INCHES IN 24 HOURS. e. DOCUMENTATION OF CHANGES TO SWPPP. IN AREAS OF PROJECT WHERE FINAL STABILIZATION IS COMPLETE, INSPECTION CAN BE REDUCED TO ONCE A MONTH. INSPECTIONS CAN BE SUSPENDED DUE TO FROZEN GROUND CONDITIONS UNTIL FIRST RUNOFF OCCURS OR CONSTRUCTION ACTIVITIES RESUME. 1.2. 3. 4. 5. 6. 2.7, 3. REQUIREMENTS 4. THE SWPPP MUST INCLUDE: a. LOCATION AND TYPE OF ALL TEMPORARY AND PERMANENT EROSION PREVENTION AND SEDIMENT CONTROL BMP'S INCLUDING PROCEDURES USED TO ESTABLISH ADDITIONAL TEMPORARY BMP'S AS NECESSARY FOR THE SITE CONDITIONS DURING CONSTRUCTION. b. A SITE MAP WITH EXISTING AND FINAL GRADES c. DRAINAGE DIVIDING LINE AND DIRECTION OF FLOWS FOR PRE AND POST-CONSTRUCTION STORM WATER RUNOFF DRAINAGE AREAS. d. IMPERVIOUS AREAS AND SOIL TYPES e. LOCATION OF AREAS NOT TO BE DISTURBED f. LOCATION OF AREAS WHERE CONSTRUCTION WILL BE PHASED TO MINIMIZE DURATION OF EXPOSED SOIL AREAS. g. ALL SURFACE WATERS AND EXISTING WETLANDS. h. METHODS TO BE USED FOR FINAL STABILIZATION OF ALL EXPOSED SOIL AREAS. THE PERMITTEE MUST AMEND THE SWPPP AS NECESSARY TO INCLUDE ADDITIONAL REQUIREMENTS, SUCH AS ADDITIONAL OR MODIFIED BMP'S DESIGNED TO CORRECT PROBLEMS IDENTIFIED OR ADDRESS SITUATIONS WHENEVER: a. THERE IS A CHANGE IN DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE. b. WEATHER OR SEASONAL CONDITIONS THAT HAVE SIGNIFICANT EFFECT ON DISCHARGE. c. INSPECTION OR INVESTIGATION BY SITE OPERATORS, LOCAL, STATE, OR FEDERAL OFFICIALS INDICATE THE SWPPP IS NOT EFFECTIVE. d. THE SWPPP IS NOT ACHIEVING THE GENERAL OBJECTIVES OF CONTROLLING POLLUTANTS OR THE SWPPP IS NOT CONSISTENT WITH THE TERMS AND CONDITIONS OF THIS PERMIT. STORM WATER PONDS, SEDIMENT BARRIERS AND OTHER MEASURES INTENDED TO TRAP SEDIMENT ON-SIT WILL BE CONSTRUCTED AS A FIRST STEP IN GRADING, AND WILL BE MADE FUNCTIONAL BEFORE LAND DISTURBANCE TAKES PLACE UP SLOPE. EARTHEN STRUCTURES SUCH AS DAMS, DIKES AND DIVERSIONS MUST BE SEEDED AND MULCHED WITHIN 48 HOURS OF INSTALLATION. UTILITY AND PAVING WORK WILL COMMENCE UPON COMPLETION OF THE GRADING OPERATIONS. ALL EROSION CONTROL MEASURES AND PROTECTIVE FENCING MUST BE INSTALLED AND INSPECTED BY THE CITY OR LOCAL GOVERNMENT UNIT PRIOR TO BEGINNING OF ANY GRADING. MAINTAIN ALL EROSION CONTROL ITEMS, REMOVE ACCUMULATED SEDIMENTS, CLEAN UP MUD TRACKED FROM THE SITE ON TO ADJACENT STREETS, AND CONTROL DUST. TEMPORARY STOCKPILES MAY BE LEFT ON THE SITE FOR USE IN BACKFILL REPLENISHMENT. STOCKPILES MUST HAVE SILT FENCE OR OTHER EFFECTIVE BMP'S TO CONTROL RUNOFF. STOCKPILES CANNOT BE PLACED IN SURFACE WATER CONVEYANCE DEVICES (CURB AND GUTTER, SWALES OR DITCHES), TOPSOIL WILL BE RESPREAD PROGRESSIVELY AS THE G^ING Vi/ORK CONTINUES. IF STOCKPILES ARE TO REMAIN FOR MORE THAN 60 DAYS, TEMPORARY SEEDING MUST BE PLACED.' THE PERMITTEE MUST IMPLEMENT THE SWPPP AND INSTALL BMP'S IDENTIFIED IN THE SWPPP IN AN APPROPRIATE AND FUNCTIONAL MANNER. THE LOCATION OF AREAS NOT TO BE DISTURBED MUST BE DELINEATED ON THE SITE BEFORE DEVELOPMENT BEGINS. ALL EXPOSED AREAS WITH A CONTINUOUS POSITIVE SLOPE WITHIN 200 FEET OF A SURFACE WATER MUST HAVE TEMPORARY EROSION PROTECTION OR PERMANENT COVER FOR THE EXPOSED SOIL AREA, YEAR ROUND, WITH THE FOLLOWING MAXIMUM TIMES AND AREA CAN REMAIN OPEN WHEN THE AREA IS NOT ACTIVELY BEING WORKED: a. SLOPES STEEPER THAN 3:1 (7 DAYS) b. SLOPES OF 10:1 TO 3:1 (14 DAYS) c. SLOPES OF 10:1 OR FLAHER (21 DAYS) , THE NORMAL WEHED PERIMETER OF ANY TEMPORARY OR PERMANENT DRAINAGE DITCH THAT DRAINS WATER FROM A CONSTRUCTION SITE OR DIVERTS WATER AROUND A SITE, MUST BE STABILIZED WITHIN 200 FEET FROM THE PROPERTY EDGE, OR FROM THE POINT OF DISCHARGE TO ANY SURFACE WATER WITHIN 24 HOURS OF CONNECTING TO A SURFACE WATER. ALL EROSION CONTROL MEASURES MUST BE INSTALLED AND MAINTAINED ACCORDING TO THE DETAILS INCLUDED IN THE CONSTRUCTION DOCUMENTS. ALL SILT MUST BE REMOVED FROM SILT FENCE WHEN IT REACHES A HEIGHT EQUAL TO ONE-THIRD OF THE HEIGHT OF THE SILT FENCE. THE CONTRACTOR MUST PERFORM ANY CORRECTIVE MEASURES ORDERED BY THE CITY, LOCAL GOVERNMENT, OR STATE WITHIN 24 HOURS OF SUCH NOTICE. THE CONTRACTOR SHALL ALSO PLACE ANY ADDITIONAL EROSION CONTROL MEASURES DEEMED NECESSARY BY THE CITY OR STATE WITHIN 24 HOURS OF THE NOTICE. aLl MEASURES MUST BE REPLACED OR REPAIRED WITH THE APPROVAL OF CITY, STATE, OR ENGINEER, WHEN THEY BECOME NONFUNCTIONAL. ORANGE POLY SNOW FENCING MUST BE PLACED AROUND ALL NATURAL FEATURES THAT ARE TO BE PRESERVED. THIS INCLUDED ALL TREES, WETLANDS, SLOPES, ETC. IN LOCATIONS WHERE PLACEMENT OF PROTECTION FENCING COINCIDES WITH THE PLACEMENT OF SILT FENCE, THE TOP PORTION OF THE SILT FENCE MAY BE PAINTED ORANGE AND CAUTION RIBBON MAY BE INSTALLED IN ACCORDANCE WITH THE DETAIL PROVIDED IN THE CONSTRUCTION SPECIFICATION. RIBBON MUST BE MAINTAINED AT ALL TIMES IF THIS ALTERNATIVE IS TO BE USED. . CONTRACTOR SHALL BE RESPONSIBLE FOR KEEPING EXISTING PAVED SURFACES,CLEAN OF SEDIMENT BY STREET SWEEPING ROADWAYS WHEN A SIGNIFICANT ACCUMULATION OF SEDIMENT OCCURS ON THESE SURFACES. ANY SEDIMENT TRACKED OFF-SITE IS TO BE REMOVED WITHIN 24 HOURS. SWEEPING MUST ALSO OCCUR WHEN DIRECTED BY THE CITY. CONTRACTOR TO PROVIDE INLET PROTECTION PER DETAIL. EROSION CONTROL BLANKET SHALL BE INSTALLED ON ALL SLOPES 3:1 OR STEEPER. TEMPORARY AND PERMANENT SEDIMENTATION BASINS MUST BE DRAINED AND SEDIMENT REMOVED ONCE THE SEDIMENT COLLECTED REACHES ONE-THIRD THE STORAGE VOLUME WITHIN 72 HOURS, AS FIELD CONDITIONS ALLOW. ALL SEDIMENT DEPOSITS WITHIN SURFACE WATERS MUST BE REMOVED AND RESTABILIZED WITHIN 7 DAYS OF DISCOVERY, THIS INCLUDES DELTAS AND STORM SEWER SEDIMENT DEPOSITS. INFILTRATION/ FILTRATION SYSTEMS SHOULD NOT BE EXCAVATED TO FINAL GRADE UNTIL THE CONTRIBUTING DRAINAGE AREA HAS BEEN FULLY STABILIZED. DURING EXCAVATION, SEDIMENT AND EROSION CONTROL DEVICES SHOULD BE UTILIZED TO PREVENT SEDIMENTATION AND THE AREA MUST BE STAKED OFF AND MARKED SO THAT HEAVY CONSTRUCTION EQUIPMENT WILL NOT COMPACT THE SOIL. TO PREVENT CLOGGING OF THE SYSTEM, A PRETREATMENT DEVICE MUST BE USED TO SEHLE PARTICULATES BEFORE RUNOFF DISCHARGES INTO THE INFILTRATION/ FILTRATION SYSTEM, SEDIMENT CONTROL DEVICES MUST BE USED TO MINIMIZE SEDIMENT ENTERING SURFACE WATER, INCLUDING CURB AND GUHER AND STORM SEWER INLETS. IF THE DOWN GRADIENT TREATMENT SYSTEM IS OVER LOADEO, THE SWPPP MUST BE AMENDED. ALL DOWN GRADIENT PERIMETER SEDIMENT CONTROLS SHOULD BE IN PLACE BEFORE ANY UP GRADIENT DISTURBANCE BEGINS, AND MAINTAINED UNTIL FINAL STABILIZATION. TIMING AND INSTALLATION OF SEDIMENT CONTROL DEVICES CAN BE ADJUSTED TO ACCOMMODATE SHORT TERM ACTIVITIES SUCH AS CLEARING AND GRUBBING. ALL STORM DRAIN INLETS MUST BE PROTECTED WITH BMP'S. ROCK CONSTRUCTION ENTRANCES OR EQUIVALENT SYSTEM MUST BE USED TO MINIMIZE TRACKING FROM SITE. DEWATERING ACTIVITIES THAT MAY HAVE SEDIMENT-LADEN DISCHARGE MUST DISCHARGE INTO A TEMPORARY OR PERMANENT SEDIMENTATION THROUGH SOME FORM OF BMP. ALL OUTFLOWS FROM BMP'S MUST HAVE APPROVED ENERGY DISSIPATION SUCH AS RIP RAP. THE CONTRACTOR SHALL COMPLETELY REMOVE ALL TEMPORARY EROSION AND SEDIMENT CONTROL MEASURES UPON ESTABLISHMENT OF FINAL MEASURES AND SITE STABILIZATION. CONTRACTOR SHALL OVEREXCAVATE TEMPORARY SEDIMENT POND BOTTOM IF POOR SUBSOILS BECOME SATURATED AND REPLACE WITH COMPACTED FILL MATERIAL PER REQUIREMENTS OF GEOTECHNICAL REPORT. 1. 5. 6. NOTICE OF TERMINATION2. 1. PERMITTEES MUST SUBMIT NOTICE OF TERMINATION (NOT).WITHIN 30 DAYS IF ONE OR MORE OF FOLLOWING CONDITIONS HAVE BEEN MET: a. FINAL STABILIZATION HAS BEEN ACHIEVED.ON ALL PORTIONS OF THE SITE FOR WHICH PERMITTEE IS RESPONSIBLE, INCLUDING THE REMOVAL OF ALL TEMPORARY MEASURES SUCH AS SILT FENCE. b. ANOTHER OWNER HAS ASSUMED CONTROL OVER ALL PORTIONS OF THE SITE THAT HAVE NOT ACHIEVED FINAL STABILIZATION. 2. PERMITTEE MUST ENSURE FINAL STABILIZATION OF THE SITE AND SUBMIT THE NOT WITHIN 30 DAYS OF FINAL STABILIZATION. FINAL STABILIZATION CAN BE ACHIEVED IN THE FOLLOWING WAY: a. ALL SOIL DISTURBING ACTIVITIES ARE COMPLETE AND A UNIFORM PERENNIAL VEGETATIVE COVER WITH A DENSITY OF 70% OVER THE ENTIRE PERVIOUS SURFACE HAS BEEN ACHIEVED INCLUDING: I. STABILIZATION OF DITCHES AND SWALES ii. REMOVAL OF ALL TEMPORARY SYNTHETIC & STRUCTURAL BMP'S ill. REMOVAL OF SEDIMENTS FROM STORM WATER CONVEYANCES AND PERMANENT WATER QUALITY BASINS. 3. 4. 6. 6. SEQUENCE OF CONSTRUCTION7. 8. CONTRACTOR TO VERIFY THAT ALL PERMITS HAVE BEEN OBTAINED, CONTRACTOR TO INSTALL ALL PERIMETER SEDIMENT CONTROL DEVICES, CONSTRUCTION ENTRANCES AND PROTECTIVE FENCING FOR TREES, DITCHES, EXISTING WATER BODIES AND AREAS TO REMAIN UNDISTURBED. CONTRACTOR TO CONSTRUCT STORMWATER AND /OR TEMPORARY SEDIMENTATION BASINS. CONTRACTOR TO ROUGH GRADE SITE AND INSTALL UTILITIES. CONTRACTOR TO INSTALL TEMPORARY EROSION CONTROL DEVICES AS NECESSARY. CONTRACTOR TO FILL TEMPORARY SEDIMENTATION BASINS, COMPACTING TO SPECIFIED DENSITIES. REMOVE ALL UNSUITABLE SEDIMENT PER RECOMMENDATION OF GEOTECHNICAL ENGINEER. CONTRACTOR TO INSTALL SUBBASE AND BASE FOR PAVEMENT. CONTRACTOR TO INSTALL BITUMINOUS SURFACE.- CONTRACTOR TO INSTALL EROSION CONTROL BLANKETS WITH PERMANENT SEED MIX. ONCE ALL DISTURBED AREAS HAVE BEEN STABILIZED, OBTAIN APPROVAL FROM THE CITY ENGINEER AND WITHIN TWO WEEKS OF FINAL STABILIZATION. CONTRACTOR TO REMOVE SEDIMENT CONTROL DEVICES WITHIN TWO WEEKS OF APPROVAL. SUBMIT NOTICE OF TERMINATION WITHIN 30 DAYS OF FINAL STABILIZATION. 1. CO2.oLU3. 4.9.CO Q5. Q10.o <6. 7.Q8.CO11. 9.a: Ll_10.12.CQ11.<CO13.QLU14. 15. <Ll_16.o17.LU18.COLU a:19. 20.<21. Q_22. 23. 24. 25. 26. 27.SWPPP NOTES 28. SHEET 3 Of 3 AREA(SQFT) BUILDING AREA (SQFT) DRIVEWAY WIDTH (FT) DRIVEWAY LENGTH ± (FT) DRIVEWAY QUANTITY DRIVEWAY AREA (SQFT) IMPERVIOUS AREA (SQFT) IMPERVIOUS AREA / TOTAL AREA 14,267.48 9.409.17 9.200.58 9,518.57 16,042.01 8,014.34 8.450.56 11,098.94 13,832.45 12,877.79 16,012.62 12,348.03 10,825.18 16.105.17 12.662.58 7.255.56 7,255.56 7,255.56 7,658.96 77,934.42 69,760.22 PARCEL 1800 1800 1800 1800 1800 1800 1500 1800 1800 1800 1800 1800 1500 1800 1800 1800 1800 12 39 468 2268 2196 2196 2196 1 16%1 12 332 396 23%1 3312 39631 24% 12 33 39641 23% 36512 1 432 2232 14% 6 12 33 1 396 2196 27% 12 51 6121 2112 25%7 12 50 60081 2400 2400 2400 2268 2400 2100 2400 2196 2196 2196 2196 2364 24000 25108 22% 12 50 60091 17% 12 5010 1 600 19% 12 39 1 468 14%11 12 12 50 1 600 19% 12 50 600131 19% 12 50 1 600 15%14 12 33 1 396 17%15 331612 396 30%1 12 3317 1 396 30% 18 1800 12 33 1 396 30% 1800 12000 12 47 1 564 31%19 150 40 2 12000 25108 20 31% ROW NA NA NA NA 36% yms■ Sfl 66912 Impervious Area Total288,025.53 69,760.22 357,785.75 Lot Area ROW 92020 357,963 25.7% 18.7% 25108 Total Lot Area Percent Impervious Percent Bldg Impervious 25.7% Total Lot Area Total Lot Area Existing Building Impervious New Building Impervious Total Building Impervious Percent Bldg Impervious 26048 45600 71648 9.7% 16.87 Acres 734857.2 Sqft Total Existing Impervious Total New Impervious Total Impervious Percent Impervious 47911 92020 139931 19.0% SECTION . VIEW >RADIUS AS REQUIRED 50' MIN. LENGTH WASHED ROCK 2'-4". 12' THICK « 18* MIN. CUT OFF BERM TO MINIMIZE RUNOFF FROM SITE V20' MIN. WIDTH12" MIN. DEPTHNOTES: 1. 9" OIAM. WAHLE WITH MINIMUM rx2'x24‘ WOOD STAKES @ 2' O.C. SPACING ALONG WATTLE LENGTH. 2. ENDS OF WAHLES MUST BE OVERLAPPED S': 3. WAHLE SHALL BE INSTALLED MINIMUM 1" BELOW GRADE. NOTES: 1. FILTER FABRIC SHALL BE PLACED UNDER ROCK TO STOP MUD MIGRATION THROUGH ROCK. 2. ENTRANCE MUST BE MAINTAINED REGULARLY TO PREVENT SEDIMENTATION ON PUBLIC ROADWAYS.SEDIMENT CONTROL .WATTLE DETAIL CONSTRUCTION ENTRANCE DETAIL12 yNOT TO SCALENOT TO SCALE FABRIC SHALL BE CAPABLE OF RETAINING SEDIMENT 111 O11Iii</) Q CD QSTEEL FENCE POST (T-POST), MINIMUM 5' LONG. MAXIMUM SPACING OF 6' FOR MACHINE SLICED AND 8' FOR HEAVY DUTY. ii iii ATTACH FABRIC TO POSTS WITH MINIMUM 3 ZIP TIES (50 LB. TENSILE) PER POST IN TOP 8' OF FABRICII <I Qi CO7 I I IFINISHED GROUND f MONOFIUMENT GEOTEXTILE FABRIC (MACHINE SLICED)<COPOST NOTCHES TO FACE AWAY FROM FABRIC QLU SPACE POSTS ACCORDING TO MANUFACTURER'S INSTRUCTIONS —I < u_FLOW O m LU COfLU _ ^ <C MACHINE SLICE 8*-l2' DEPTH (PLUS 6’ FLAP) TRENCH MUST BE COMPACTED BY LIGHT EQUIPMENT PRIOR TO PLACEMENT OF STEEL POSTS.- 24" MIN. POST EMBEDIMENT NOTES: 1. INSPECT AND REPAIR AFTER EACH STORM EVENT, AND REMOVE SEDIMENT WHEN NECESSARY. 2, REMOVED SEDIMENTS SHALL BE DEPOSITED IN AN AREA THAT WILL NOT CONTRIBUTE SEDIMENT OFF-SITE AND CAN BE PERMANENTLY STABILIZED. Q.i ACHINED SILT FENCE DETAIL TO SCALE SWPPP DETAILS SHEET 2 of 3 STANDARD EROSION CONTROL NOTES INSPECTION AND RECORD RETENTIONRESPONSIBILITIES 1. THE PROPERTY OWNER OR CONTRACTOR MUST SUBMIT A COMPLETED NPDES APPLICATION FORM. 2. THE OWNER AND OPERATOR (USUALLY THE GENERAL CONTRACTOR) ARE JOINTLY RESPONSIBLE FOR ALL TERMS AND CONDITIONS OF THE PERMIT. 3. PROPERTY OWNER OR CONTRACTOR TO SUBMIT NPDES NOTICE OF INTENT PERMIT 7 DAYS PRIOR TO THE BEGINNING OF CONSTRUCTION. 4. CONTRACTOR TO SUBMIT NPDES NOTICE OF TERMINATION TO WITHIN ONE WEEK OF FINAL RESTORATION ACCEPTANCE. 5. CONTRACTOR TO MONITOR AND REPORT ON STORM WATER MANAGEMENT REQUIREMENTS PER NDWPCA. 6. FOR STORM WATER DISCHARGES FROM CONSTRUCTION PROJECTS WHERE THE OWNER OR OPERATOR CHANGES, THE NEW OWNER OR OPERATOR MUST SUBMIT A SUBDIVISION REGISTRATION WITHIN SEVEN (7) DAYS OF ANY OF THE FOLLOWING: a. ASSUMING OPERATIONAL CONTROL OF THE SITE. b. COMMENCING WORK ON THEIR PORTION OF THE SITE. c. LEGAL TRANSFER, SALE OR CLOSING ON THE PROPERTY. 7. THE OWNER MUST IDENTIFY WHO WILL HAVE THE LONG TERM RESPONSIBILITY FOR LONG TERM OPERATION AND MAINTENANCE OF THE PERMANENT STORM WATER MANAGEMENT SYSTEM AND DEVELOP A CHAIN OF RESPONSIBILITY WITH ALL OPERATORS ON THE SITE TO ENSURE THE SWPPP WILL BE IMPLEMENTED AND STAY IN EFFECT UNTIL FINAL STABILIZATION AND SUBMITTAL OF THE NOT. THE SWPPP, ALL CHANGES TO IT, AND INSPECTIONS AND MAINTENANCE RECORDS MUST BE KEPT AT THE SfTE DURING CONSTRUCTION BY THE PERMITTEE WHO HAS OPERATIONAL CONTROL OF THE PORTION OF THE SITE. AU OWNERS MUST KEEP THE SWPPP ON FILE FOR THREE YEARS AFTER THE SUBMIHAL OF THE NOTICE OF TERMINATION, INCLUDING THE FOLLOWING INFORMATION: a. ANY OTHER PERMITS REQUIRED FOR THE PROJECT b. RECORDS OF ALL INSPECTION AND MAINTENANCE CONDUCTED DURING CONSTRUCTION. c. ALL PERMANENT OPERATION AND MAINTENANCE AGREEMENTS THAT HAVE BEEN IMPLEMENTED, INCLUDING ALL RIGHT OF WAY, CONTRACTS, COVENANTS, AND OTHER BINDING REQUIREMENTS REGARDING PERPETUAL MAINTENANCE. d. ALL REQUIRED CALCULATIONS FOR DESIGN OF THE TEMPORARY AND PERMANENT STORM WATER MANAGEMENT SYSTEMS. THE PERMITTEE MUST ROUTINELY INSPECT THE SITE ONCE EVERY 7 DAYS DURING ACTIVE CONSTRUCTION AND WITHIN 24 HOURS AFTER A RAINFALL EVENT GREATER THAN 0.5 INCHES IN 24 HOURS. ALL INSPECTIONS AND MAINTENANCE CONDUCTED DURING CONSTRUCTION MUST BE RECORDED IN WRITING AND RETAINED WITH THE SWPPP. RECORDS SHOULD INCLUDE; a. DATE AND TIME OF INSPECTIONS b. NAME OF PERSON CONDUCTING INSPECTION, c. FINDING OF INSPECTION INCLUDING CORRECTIVE ACTION, DETAILS OF CORRECTIVE ACTION (DATE, TIME, PARTY COMPLETING MAINTENANCE) d. DATE AND AMOUNT OF RAINFALL GREATER THAN 0.5 INCHES IN 24 HOURS. e. DOCUMENTATION OF CHANGES TO SWPPP. IN AREAS OF PROJECT WHERE FINAL STABILIZATION IS COMPLETE, INSPECTION CAN BE REDUCED TO ONCE A MONTH. INSPECTIONS CAN BE SUSPENDED DUE TO FROZEN GROUND CONDITIONS UNTIL FIRST RUNOFF OCCURS OR CONSTRUCTION ACTIVITIES RESUME. 1. 2. 3, REQUIREMENTS 4. 1. THE SWPPP MUST INCLUDE: a. LOCATION AND TYPE OF ALL TEMPORARY AND PERMANENT EROSION PREVENTION AND SEDIMENT CONTROL BMP’S INCLUDING PROCEDURES USED TO ESTABLISH ADDITIONAL TEMPORARY BMP’S AS NECESSARY FOR THE SITE CONDITIONS DURING CONSTRUCTION. b. A SITE MAP WITH EXISTING AND FINAL GRADES C. DRAINAGE DIVIDING LINE AND DIRECTION OF FLOWS FOR PRE AND POST-CONSTRUCTION STORM WATER RUNOFF DRAINAGE AREAS. d. IMPERVIOUS AREAS AND SOIL TYPES e. LOCATION OF AREAS NOT TO BE DISTURBED f. LOCATION OF AREAS WHERE CONSTRUCTION WILL BE PHASED TO MINIMIZE DURATION OF EXPOSED SOIL AREAS. g. ALL SURFACE WATERS AND EXISTING WETLANDS, h. METHODS TO BE USED FOR FINAL STABILIZATION OF ALL EXPOSED SOIL AREAS. 2. THE PERMIHEE MUST AMEND THE SWPPP AS NECESSARY TO INCLUDE ADDITIONAL REQUIREMENTS, SUCH AS ADDITIONAL OR MODIFIED BMPS DESIGNED TO CORRECT PROBLEMS IDENTIFIED OR ADDRESS SITUATIONS WHENEVER; a. THERE IS A CHANGE IN DESIGN, CONSTRUCTION. OPERATION OR MAINTENANCE. b, WEATHER OR SEASONAL CONDITIONS THAT HAVE SIGNIFICANT EFFECT ON DISCHARGE. c. INSPECTION OR INVESTIGATION BY SITE OPERATORS, LOCAL, STATE, OR FEDERAL OFFICIALS INDICATE THE SWPPP IS NOT EFFECTIVE. d, THE SWPPP IS NOT ACHIEVING THE GENERAL OBJECTIVES OF CONTROLLING POLLUTANTS OR THE SWPPP IS NOT CONSISTENT WITH THE TERMS AND CONDITIONS OF THIS PERMIT. 3. STORM WATER PONDS, SEDIMENT BARRIERS AND OTHER MEASURES INTENDED TO TRAP SEDIMENT ON-SIT WILL BE CONSTRUCTED AS A FIRST STEP IN GRADING, AND WILL BE MADE FUNCTIONAL BEFORE LAND DISTURBANCE TAKES PLACE UP SLOPE. EARTHEN STRUCTURES SUCH AS DAMS, DIKES AND DIVERSIONS MUST BE SEEDED AND MULCHED WITHIN 4B HOURS OF INSTALLATION. UTILITY AND PAVING WORK WILL COMMENCE UPON COMPLETION OF THE GRADING OPERATIONS. ALL EROSION CONTROL MEASURES AND PROTECTIVE FENCING MUST BE INSTALLED AND INSPECTED BY THE CITY OR LOCAL GOVERNMENT UNIT PRIOR TO BEGINNING OF ANY-GRADING. 4. MAINTAIN ALL EROSION CONTROL ITEMS, REMOVE ACCUMULATED SEDIMENTS, CLEAN UP MUD TRACKED FROM THE SITE ON TO ADJACENT STREETS, AND CONTROL DUST. 5. TEMPORARY STOCKPILES MAY BE LEFT ON tHE SITE FOR USE IN BACKFILL REPLENISHMENT. STOCKPILES MUST HAVE SILT FENCE OR OTHER EFFECTIVE BMP'S TO CONTROL RUNOFF. STOCKPILES CANNOT BE PLACED IN SURFACE WATER CONVEYANCE DEVICES (CURB AND CUHER, SWALES OR DITCHES). TOPSOIL WILL BE RESPREAD PROGRESSIVELY AS THE GRADING WORK CONTINUES. IF STOCKPILES ARE TO REMAIN FOR MORE THAN 60 DAYS, TEMPORARY SEEDING MUST BE PUCED. 6. THE PERMITTEE MUST IMPLEMENT THE SWPPP AND INSTALL BMPS IDENTIFIED IN THE SWPPP IN AN APPROPRIATE AND FUNCTIONAL MANNER. 7. THE LOCATION OF AREAS NOT TO BE DISTURBED MUST BE DELINEATED ON THE SITE BEFORE DEVELOPMENT BEGINS. 8. ALL EXPOSED AREAS WITH A CONTINUOUS POSITIVE SLOPE WITHIN 200 FEET OF A SURFACE WATER MUST HAVE TEMPORARY EROSION PROTECTION OR PERMANENT COVER FOR THE EXPOSED SOIL AREA, YEAR ROUND, WITH THE FOLLOWING MAXIMUM TIMES AND AREA CAN REMAIN OPEN WHEN THE AREA IS NOT ACTIVELY BEING WORKED: a. SLOPES STEEPER THAN 3:1 (7 DAYS) b. SLOPES OF 10:1 TO 3:1 (14 DAYS) c. SLOPES OF 10:1 OR FLAHER (21 DAYS) 9. THE NORMAL WEHED PERIMETER OF ANY TEMPORARY OR PERMANENT DRAINAGE DITCH THAT DRAINS WATER FROM A CONSTRUCTION SITE OR DIVERTS WATER AROUND A SITE, MUST BE STABILIZED WITHIN 200 FEET FROM THE PROPERTY EDGE, OR FROM THE POINT OF, DISCHARGE TO ANY SURFACE WATER WITHIN 24 HOURS OF CONNECTING TO A SURFACE WATER. 10. ALL EROSION CONTROL MEASURES MUST BE INSTALLED AND MAINTAINED ACCORDING TO THE DETAILS INaUDED IN THE CONSTRUCTION DOCUMENTS. ALL SILT MUST BE REMOVED FROM SILT FENCE WHEN IT REACHES A HEIGHT EQUAL TO ONE-THIRD OF THE HEIGHT OF THE SILT FENCE. THE CONTRACTOR MUST PERFORM ANY CORRECTIVE MEASURES ORDERED BY THE CITY, LOCAL GOVERNMENT. OR STATE WITHIN 24 HOURS OF SUCH NOTICE. THE CONTRACTOR SHALL ALSO PLACE ANY ADDITIONAL EROSION CONTROL MEASURES DEEMED NECESSARY BY THE CITY OR STATE WITHIN 24 HOURS OF THE NOTICE. ALL MEASURES MUST BE REPWCED OR REPAIRED WITH THE APPROVAL OF CITY, STATE, OR ENGINEER, WHEN THEY BECOME NONFUNCTIONAL. 11. ORANGE POLY SNOW FENCING MUST BE PLACED AROUND ALL NATURAL FEATURES THAT ARE TO BE PRESERVED. THIS INCLUDED ALL TREES. WETLANDS, SLOPES, ETC. IN LXATIONS WHERE PLACEMENT OF PROTECTION FENCING COINCIDES WITH THE PLACEMENT OF SILT FENCE. THE TOP PORTION OF THE SILT FENCE MAY BE PAINTED ORANGE AND CAUTION RIBBON MAY BE INSTALLED IN ACCORDANCE WITH THE DETAIL PROVIDED IN THE CONSTRUCTION SPECIFICATION. RIBBON MUST BE MAINTAINED AT ALL TIMES IF THIS ALTERNATIVE IS TO BE USED. 12. CONTRACTOR SHALL BE RESPONSIBLE FOR KEEPING EXISTING PAVED SURFACES CLEAN OF SEDIMENT BY STREET SWEEPING ROADWAYS WHEN A SIGNIFICANT ACCUMULATION OF SEDIMENT OCCURS ON THESE SURFACES. ANY SEDIMENT TRACKED OFF-SITE IS TO BE REMOVED WITHIN 24 HOURS. SWEEPING MUST ALSO OCCUR WHEN DIRECTED BY THE CITY. 13. CONTRACTOR TO PROVIDE INLET PROTECTION PER DETAIL, 14. EROSION CONTROL BLANKET SHALL BE INSTALLED ON ALL SLOPES 3:1 OR STEEPER.. 15. TEMPORARY AND PERMANENT SEDIMENTATION BASINS MUST BE DRAINED AND SEDIMENT REMOVED ONCE THE SEDIMENT COaECTED REACHES ONE-THIRD THE STORAGE VOLUME WITHIN 72 HOURS. AS FIELD CONDITIONS ALLOW. 16. ALL SEDIMENT DEPOSITS WITHIN SURFACE WATERS MUST BE REMOVED AND RESTABIUZED WITHIN 7 DAYS OF DISCOVERY. THIS INCLUDES DELTAS AND STORM SEWER SEDIMENT DEPOSITS. 17. INFILTRATION/ FILTRATION SYSTEMS SHOULD NOT BE EXCAVATED TO FINAL GRADE UNTIL THE CONTRIBUTING DRAINAGE AREA HAS BEEN FULLY STABILIZED. 18. DURING EXCAVATION, SEDIMENT AND EROSION CONTROL DEVICES SHOULD BE UTILIZED TO PREVENT SEDIMENTATION AND THE AREA MUST BE STAKED OFF AND MARKED SO THAT HEAVY CONSTRUCTION EQUIPMENT WILL NOT COMPACT THE SOIL. 19. TO PREVENT CLOGGING OF THE SYSTEM, A PRETREATMENT DEVICE MUST BE USED TO SETTLE PARTICULATES BEFORE RUNOFF DISCHARGES INTO THE INFILTRATION/ FILTRATION SYSTEM. 20. SEDIMENT CONTROL DEVICES MUST BE USED TO MINIMIZE SEDIMENT ENTERING SURFACE WATER, INCLUDING CURB AND GUHER AND STORM SEWER INLETS. 21. IF THE DOWN GRADIENT TREATMENT SYSTEM IS OVER LOADED, THE SWPPP MUST BE AMENDED. 22. ALL DOWN GRADIENT PERIMETER SEDIMENT CONTROLS SHOULD BE IN PLACE BEFORE ANY UP GRADIENT DISTURBANCE BEGINS, AND MAINTAINED UNTIL FINAL STABILIZATION, 23. TIMING AND INSTALLATION OF SEDIMENT CONTROL DEVICES CAN BE ADJUSTED TO ACCOMMODATE SHORT TERM ACTIVITIES SUCH AS CLEARING AND GRUBBING. 24. ALL STORM DRAIN INLETS MUST BE PROTECTED WITH BMP'S. 25. ROCK CONSTRUCTION ENTRANCES OR EQUIVALENT SYSTEM MUST BE USED TO MINIMIZE TRACKING FROM SITE. 26. DEWATERING ACTIVITIES THAT MAY HAVE SEDIMENT-LADEN DISCHARGE MUST DISCHARGE INTO A TEMPORARY OR PERMANENT SEDIMENTATION THROUGH SOME FORM OF BMP. 27. ALL OUTFLOWS FROM BMP’S MUST HAVE APPROVED ENERGY DISSIPATION SUCH AS RIP RAP.28. THE CONTRACTOR SHALL COMPLEtELY REMOVE ALL TEMPORARY EROSION AND SEDIMENT CONTROL MEASURES UPON ESTABLISHMENT OF FINAL MEASURES AND SITE STABILIZATION. CONTRACTOR SHALL OVEREXCAVATE TEMPORARY SEDIMENT POND BOTTOM IF POOR SUBSOILS BECOME SATURATED AND REPLACE WITH COMPACTED FILL MATERIAL PER REQUIREMENTS OF GEOTECHNICAL REPORT. 5. 6. NOTICE OF TERMINATION PERMITTEES MUST SUBMIT NOTICE OF TERMINATION (NOT) WITHIN 30 DAYS IF ONE OR MORE OF FOUOWING CONDITIONS HAVE BEEN MET; a, FINAL STABILIZATION HAS BEEN ACHIEVED ON ALL PORTIONS OF THE SITE FOR WHICH PERMITTEE IS RESPONSIBLE, INCLUDING THE REMOVAL OF ALL TEMPORARY MEASURES SUCH AS SILT FENCE. b. ANOTHER OWNER HAS ASSUMED CONTROL OVER ALL PORTIONS OF THE SITE THAT HAVE NOT ACHIEVED FINAL STABILIZATION, PERMITTEE MUST ENSURE FINAL STABILIZATION OF THE SITE AND SUBMIT THE NOT WITHIN 30 DAYS OF FINAL STABILIZATION. FINAL STABILIZATION CAN BE ACHIEVED IN THE FOLLOWING WAY: 8, ALL SOIL DISTURBING ACTIVITIES ARE COMPLETE AND A UNIFORM PERENNIAL VEGETATIVE COVER WITH A DENSITY OF 70% OVER THE ENTIRE PERVIOUS SURFACE HAS BEEN ACHIEVED INCLUDING: i. STABIUZATION OF DITCHES AND SWALES ii. REMOVAL OF Aa TEMPORARY SYNTHETIC & STRUCTURAL BMPS iii. REMOVAL OF SEDIMENTS FROM STORM WATER CONVEYANCES AND PERMANENT WATER QUALITY BASINS. 1, 2. SEQUENCE OF CONSTRUCTION CONTRACTOR TO VERIFY THAT ALL PERMITS HAVE BEEN OBTAINED. CONTRACTOR TO INSTALL ALL PERIMETER SEDIMENT CONTROL DEVICES. CONSTRUCTION ENTRANCES AND PROTECTIVE FENCING FOR TREES. DITCHES, EXISTING WATER BODIES AND AREAS TO REMAIN UNDISTURBED. CONTRACTOR TO CONSTRUCT STORMWATER AND /OR TEMPORARY SEDIMENTATION BASINS. CONTRACTOR TO ROUGH GRADE SITE AND INSTALL UTILITIES. CONTRACTOR TO INSTALL TEMPORARY EROSION CONTROL DEVICES AS NECESSARY. CONTRACTOR TO FILL TEMPORARY SEDIMENTATION BASINS. COMPACTING TO SPECIFIED DENSITIES. REMOVE ALL UNSUITABLE SEDIMENT PER RECOMMENDATION OF GEOTECHNICAL ENGINEER. CONTRACTOR TO INSTALL SUBBASE AND BASE FOR PAVEMENT. CONTRACTOR TO INSTALL BITUMINOUS SURFACE. CONTRACTOR TO INSTALL EROSION CONTROL BLANKETS WITH PERMANENT SEED MIX. ONCE ALL DISTURBED AREAS HAVE BEEN STABILIZED, OBTAIN APPROVAL FROM THE CITY ENGINEER AND WITHIN TWO WEEKS OF FINAL STABILIZATION. CONTRACTOR TO REMOVE SEDIMENT CONTROL DEVICES WITHIN TWO WEEKS OF APPROVAL. SUBMIT NOTICE OF TERMINATION WITHIN 30 DAYS OF FINAL STABILIZATION. 1.2 111 Q 2. 3. 4. CO Q O Q 5. <6 7.Q CO8. 9. u_10.CO . II.<CO QLU ^ —I •< Li_ OUJCOL±J ^ Cll ^ <Q. SWPPP NOTES SHEET 3 of 3 AREA(SQFT) BUILDING AREA (SQFT) DRIVEWAY WIDTH (FT) DRIVEWAY LENGTH ± (FT) DRIVEWAY QUANTITY DRIVEWAY AREA (SQFT) IMPERVIOUS AREA (SQFT) IMPERVIOUS AREA / TOTAL AREA 2268 2196 2196 2196 2232 2196 2112 2400 2400 2400 2268 2400 2100 2400 2196 2196 2196 2196 2364 24000 25108 92020 357,963 25.7% 18.7% PARCEL 1 468 16%1800 1800 1800 1800 1800 1800 1500 1800 1800 1800 1800 1800 1500 12 3914,267.48 9.409.17 9.200.58 9,518.57 16,042.01 8,014.34 8.450.56 11,098.94 13,832.45 12,877.79 16,012.62 12,348.03 10,825.18 16.105.17 12.662.58 7.255.56 7,255.56 7,255.56 7,658.96 77,934.42 69,760.22 357,785.75 1 39612331 23%2 33 396 24%12 13 23%12 33 1 3964 36 432 14%12 15 396 27%12 33 16 612 25%12 51 17 22%12 50 1 6008 17%50 1 600129 600 19%50 11210 468 14%12 39 111 19%50 1 6001212 19%50 1 6001213 600 15%1800 50 11214 33 396 17%1800 12 115 396 30%1800 12 33 116 30%33 1 39618001217 30%33 3961800 1800 12000 12 118 564 31%4712 119 31%150 12000 25108 40 220 36%NA NA NAROWNA 66912 Impervious Area Total 25108 Total Lot Area Lot Area ROW 288,025.53 69,760.22 Percent Impervious Percent Bldg Impervious 25.7% Existing WuilHing impervious New Building Impervious Total Building Impervious Percent Bldg Impervious 26048 45600 71648 Total Lot Area Total Lot Area 16.87 Acres 734857.2 Sqft 9.7% Total Existing Impervious Total New Impervious Total Impervious Percent Impervious 47911 92020 139931 19.0% Marsha Bowman Marsha Bowman Tuesday, July 13, 2021 12:55 PM Brent Frazier; Bruce Stone; Dave Trites; David Wass; Judd Fischer; Richard Gabe; Rick Wilson; Rod Boyer (rboyer@loretel.net) Chris LeClair; Michelle Eldien; Naomi Olson FW: Conditional Use Permit Application of Bass Harbor Storage; Lake Lida (56-747): July 14th Planning Commission Meeting From: Sent: To: Cc: Subject: Please find that I am forwarding comments on the Bass Harbor Storage proposal (July 14, 2021 PC Meeting) for your review. Thanks and have a nice day, Marsha Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountvmn us \ ? OTTER TAILCOMMTV < From: Naomi Olson <Naomi.Olson@nodus.com> Sent: Tuesday, July 13, 2021 11:57 AM To: Marsha Bowman <MBowman@co.ottertail.mn.us> Cc: toddmarti4@gmail.com Subject: Conditional Use Permit Application of Bass Harbor Storage; Lake Lida (56-747): July 14th Planning Commission Meeting Jp Good Morning Marsha, Todd and Naomi Marti are emailing you regarding the scheduled hearing coming up about the planning and permit application for the Bass Harbor Storage. We reside on Bass Harbor Trail at the address of 24086 Bass Harbor Trail. We just finished putting in a 500 ft. cement driveway just off this property where the storage units are being proposed. Below are a few things that we wanted to make sure you knew: ^ The 40 X 150 units proposed along the north side of Bass Harbor Trail do not meet the 75 ft. setback from the special protection easement and the 20 ft. setback from the public road. There would be close to 10,000 yards of fill that would need to be brought in to even make it a buildable site. 'C Scott the current owner and ourselves have come to an agreement that he will be selling this property to an agreed upon price. We are requesting that this permit be denied as it does not meet the required setbacks. We as the next door neighbors have the right of refusal and are requesting this proposed plan to be denied. I will be sending a separate email with pictures for your reference. Please let us know if you have any questions. Todd can be reached at 608-304-8633. Thanks! 1 Naomi Olson Senior Business Development Executive - EVO B2B T+1 701-799-2225 naomi.olson(a>nodus.com M NODUS r ^ Nodus, a division of EVO Payments Inc. 1900 S. State College Blvd Suite 525, Anaheim, CA 92806, USA www.nodus.com Einn This e-mail contains information that may be confidentiai and/or proprietary. It is intended solely for the addressee. Access to this e-mail by anyone else is unauthorized. If you are not the intended recipient of this transmission, any disclosure, copying, use, or distribution of the information included in this e-mail and any attachments is strictly prohibited. If you have received this transmission in error, please notify us by reply e-mail immediately and permanently delete this e-mail and any attachments. Thank you. Go Green! Please consider the environment before printing this email. 2 l^arsha Bowman Marsha Bowman Wednesday, July 7, 2021 2:06 PM toddmarti4@gmail.com Conditional Use Permit Application of Bass Harbor Storage; Lake Lida (56-747); July 14, 2021 Planning Commission Meeting SPRTLR0221070713550.pdf From: Sent: To: Subject: Attachments: Todd, As you requested, I have attached the Notice of Public Hearing and material filed \Arith the Bass Harbor Storage Conditional Use Permit Application. Upon your review, if you have comments for the Planning Commission’s consideration, please send them to me (no later than 12 pm on July 13‘^), and I will forward them to the Planning Commission. If you have any questions, please contact me. Have a nice afternoon, Marsha Marsha Bowman Office Administrator Land & Resource Management CSC. 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountvmn.us OTTER TAILOXMTv 1 >LAND & RESOURCE MANAGEMENTOTTER TAIL Government Services Center 540 West Rr Avenue Fergus Falls, MN S6S37 »COUNTY - MINNESOTA OTTER TAIL COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING APPLICANT:Bass Harbor Storage Scott Adelman/Troy Tooz 7620 Brink Drive Horace ND 58047 HEARING DATE/LOCATION: July 14, 2021 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): Construct a 21 Storage Unit Non-Dwelling PUD and build a road to access the Storage Units. Request to perform earthwork and road construction to build approximately 21 recreation storage building. An approx. 3,243 cubic yards will be cut for the project and an approx. 2,598 cubic yards of will be needed for project. LAKE NAME/NUMBER/CLASS: Lida Lake (56-747), General Development (GD) E-911 ADDRESS: 43915 Bass Harbor Road, Pelican Rapids MN 56573 LEGAL DESCRIPTION: Lots 20, 21, 22, 23, 24 & 25 BIk 1 of Palms of Lida Addition, Section 9 of Lida 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 may be expressed at the public hearing, mailed to the Land & Resource Management Office at the above address, or emailed to correspondence or emails regarding this application must be received by 12;00PM the day before the public hearing date. Members of the public wishing to make comments at the public hearing may be present at the public hearing. As an alternative, members of the public wishing to observe and/or make comment on this application may participate in the public hearing virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095, prior to the hearing. . Written Rick Wilson June 30, 2021 Mailing DateChairman Planning Commission : ] f. V SECTION f ..scr MIN. LENGTHRAOtUSAS REQUIREDi:WAfflEDROCKr.4M? THICK: 1 16* MIN. CUT OFF BERM TO MINIMIZE RUNOFF FROM^ V20* MIN. WIDTHir MIN. DEPTHNOTES: 1. 8* DIAM. WATTLE WITH MINIMUM 1*:in(24’WOOD STAKES @Z O.C. SPACING ALONG WATTLE LENGB1. 2. ENDSOFWATILESMUSTBEOVERLAPHOe'.1 WATTLE SHALL BE INSTALLED WNIMUUI* BELOW GRADE NOTES: 1. FILTER FABRIC SHALL BE PLACED UNDER ROCK TO STOP MUD MIGRATION THROUGH ROCK. 2. ENTRANCE MUST BE MAINTAINED REGULARLY TO PREVENT SEDIMENTATION ON PUEUC ROADWAYS.SEDIMENT CONTROL j^^WAHLE DETAIL CONSTRUCTION ENTRANCE DETAIL:©(NOTTO SCALE NOT TO SCALE FABRIC SHALL BE CAPABLE OF RETAINING SEDIMENT zgg CO Q CjJ Q i STEEL FENCE POST (T-POST), MINIMUM S' - LONG. MAXIMUM SPADNG OF 6' FOR MACHINE SUCEO AND ff FOR HEAVY DUTY. I I ^ ATTACH FABRIC TO POSTS WITH MINIMUM 3 ZIP TIES (50 LB. TENSILE) PER POST IN TOP 8* OF FABRIC <322:o CO■yFINISHED QWUND z>I LI.QDUONOFOAMENTIXOTDCnLE FABRIC (MACHINE SUCEO)<LU Q ixf —I POST NOTCHES TO FACE AWAY FROM FABRIC SPACE POSTS ACCORDING TO MANUFACTURERS r INSTRUCTIONS FLOW LI. MACHHCSUCE8*-12* DEPTH (PLUS 6* FLAP) TTttNCH " MUST £ COMPACTED BY LIGHT EQUIPMENT PRIOR TO PLACEMENT OF STEEL POSTS. OLUCO LU ^cr ^24* MIN. POST EMBEDIMENT NOTES: 1. INSPECT AND REPAIR AFTER EACH STORM EVENT, ANDREMOVE SEDIMENT WHEN NECESSARY.Z REMOVED SEDIMENTS SHALL BE DEPOSITED IN AN AREA THAT WILL NOT CONTRIBUTE SEDWENT OFF-SITE AND CAN BE PERMANEWaY STABILIZED. X <□.V ACHINED SILT FENCE DETAIL TO SCALE S«W>P DETAILSi SHEET2C13 I ; STANDARD EROSION CONTROL NOTES RESPOWaBILinES 1. TKEPI%}PEinYOWNERORCONTRACTDRUliSTSU6MrrACOI«\£TIDNPC£SAPPUCATXWFORU. B^SPECnOMAWD RECORD RETENTION THE OWNER AND OPERATOR (USUALLY THE GENERAL CONTRACTOR} Ul£ JOliTLY RESPONSIBLE FOR ALL TERMS AND COIffiTnONS OF THE PERMIT. mOPERTY OWNER CR CONTRACTOR TO SLBUIT NPOES NOTICE OF INTENT PERMIT 7 OAY8 PRIOR TO THE BEGINNING OF CONSTRUCTION. CONTTUCTOR TO SUBUR NPDES NOTICE OF TERMINATTON TO WITHN ONE WEB< OF RNAL RESTORATDN ACCEPTANCL CONTTMTOR TO MONITOR AND REPORT ON STOm WATER MANAGEMENT REQUIREMENTS PER rOnVPCA. F(Xt STORM WATER DSCKARGES FROM CONSTRUCTItW PROJECTS WHERE THE OWNER OR OPERATCA CHANGES. THE NEW OWNER OR OPERATOR MUST SUBMIT A SLCOMSION REGISTRATION WITHIN SEVEN 17} DAYS OF ANY OF THE FOLLOWWC: a. ASSUMING WERARONALCCBITROLOFTHE^. b. COMMENCIKG WORK ON THEIR PORTION OF THE SITE c. LEGALTRM4SFER SALE OR CLOSING ON THE PROPSnY. THE OWNBI IAJST IDENTIFY WHO WILL HAVE THE LONG TERM RESPOKSSliTY FOR LONG TSIM OPERATON AND MAINTENANCE OF T>e PERMAICNT STWM WATER UANA(£MENT SYSTEM AND OE\CLjOP A CHAM OF RESPONSBOJTY WITH AU OP91ATQRS ON THE SITE TO ENSURE THE SWnV WOL BE UEUUENTFD AND STAY M EFFECT UNTL FINAL STABUZATION AW) SUBMITTAL OF THE NOT. TIC SWPPP, ALL CHANGES TO IT. AND INSPECTIONS AND MAINTENANCE RECORDS MUST BE KEPT AT THE SITE DURING CONSTRUCnONBYTKEFCRMITTEEWHOHASOPERATiaNAL CONTROL OF THE PORTION OF THE SDE.AaOViMQS MUST KEEP THE SWPPP ON FILE FOR THREE YEARS AFTER THE Sl^nTAL OF THE NOTICE OF TERMMAT10N. INCLUDING THE FOU.OWING BTFORMATION: a. ANY OTHER PERMITS REQUIRED FOR THE PROIECI h. RECORDS OF ALL (NSPECnONANOMAINTENANCECONCRJCTEOOURING CONSTRUCTION. e. ALL PERMANENT OPERATION AND MAINTENANCE AGfEEMBfTS THAT HAVE BEEN IMPLEMENTED. MCLUDINOAU. RIGHT OF WAY. CONTRACTS. COVENANTS, AND OTHER BINDING REQUIREMENTS REGAADMG PERPETUAL MAMTENANCE. d. AaREOUnS) CALCULATIONS FOR DESIGN OF THE TEMPOURYANDPERMANBn STORM WATER MANAGEMENT SYSTEMS. THE PCRMITTEE MUST RDUnCLY INSPECT THE SITE ONCE EVERY 7 DAYS DURMO ACTIVE CONSTRUCTION AND INFTHIN 24 HOURS AFTERA RAirCAU EVENT GREATER THAN OS INCHES M 34 HOlfS. ALL MSPECTXM3 AND MAMTENANCE COIOUCTED DURING CONSTRLJCnON MUST BE RECORDS) IN WRITING AND RETAINED WITH TNcSIWfP. RECORDS SHOUU) MCUDE: a. DATE AND TIME OF INSPECTIONS b. NAME OF PERSON CONDUCTING INSPECTION. L RIOING OF INSPECDONINaunNGCORRECmC ACTION. DETALS Of CORRECTIVE ACTION (DATE. TME, PARTY COMPLETINGMAINTENANCE) d. DATE ANDAUOUNTOFRAINFALLQREATER THAN as MCHESN24 HOURS. e. D0CULCNTAT1CIN OF CHANGES TOSWPPP. IN AREAS OF PROJECT WHERE FINAL STABILIZATION IS COMPLETE, INSPECTION CAN BE REDUCED TO ONCE A lONTH INSPECTIONS CAN BE SUSPENDED DUE TO FROZEN GIOUNO CONDITIONS UNTIL FIRST RUNOFF OCCURS OR CCWSTRUCTION ACTIVITIES RESLME 2.1. 3. 4. 5. 6. 11. 3. REOLEREMENTS 4. THE SWPPP MUST MCLUDE: & LOCATION AM) TYPE OF ALL TEMPORARY AND PERMANENT EROSION PREVENTION AM) SEDIMB4T CONTRa BMPS INCLUDNC mOCEDUl^ USED TO ESTABLISH AD0nX)NAL TQIPORARY BMPS AS NECESSARY FOR THE SITE CONDITIONS 01AIN6CQNSTRUCT10N. b. A SITE MAP WITH EXISTING AND FINAL GRADES c DRAINAGE OIVIDINQ UNE AND DIRECTION OF FLOWS FOR PRE AND POST-CONSTRUCTION STORM WATER RUNOFF DRAINAGE AREAS, d. IMPERVIOUS AREAS ANO SOIL TYPES «. LOCATION OF AREAS NOT TO BE DISTURBED L LOCATIONQFAREASWHCRECONSTRUCTKMWILLBEPHASEDTOMINJMIZEOURATIONOFEXPOSEDSOaAREAS. ALL SURFACE WATERS AND EXISTING WETIANOBMETHODS TO BE USED FOR FINAL STABIUZATION OF ALL EXPOSED SOIL AREAS. THE PERhSTTEE MUST AMEND THE Sivm> AS NECESSARY TO B7CLUDE ADOITIOHU. REQUIREMENTS. SUCH AS ADOmONAL OR MODIFIED BMPS DESIGNED TO CORRECT PROBLfMS IDENTIFIS) OR ADDRESS SmiATCnSWICNEVER a T>£ISI3ACHANGEmOESRjN.CONSTRUCnON.OPEAAT)ONQRMAINIENANCE. b. WEATICR OR SEASONAL CCNDtHONS THAT HAVE SICNIFICANr EFFECT ON DISCHARGE c. INSPECnm OR INVESTIGATION BY StTF OP8IATORS, UXAL. STATE. OR FEDERAL OFFICIALS KUCATE THE SWFP IS NOT EFFECTIVE. d. THESWPPPISNOTAOIEVINGT)eGBIERALaBJECnVESOFCONTRaUNOPOlIUTANTSORTHESWn>PISNOTCGNSISTENTWITHTHETERMSANDCOND(nOteOFIHISPERMIT. STORM WATER PONDS. SEDIMENT BMTRERS AND OTHER MEASURES INTENDED TO TRAP SEDUENT OlfSn mil B£ CONSTRUCTED AS A FIRST STEP M GRAONQ. Al«> WBi BE MADE FUNCnONM. BEHKE LAND D SniflfiANCE TAIES RACE UP SLOPE. EARU£N STRUCTURES 6U CH AS DAMS, DIKES AM) DIVE RSKHe MUST BE SEEDS) ANO MULCHED WITHM 48 HCTIRS or NSTAUATKW. UTILITY AND PAVING WORK WiL COlMBiCE UPOl COMFUTION Cf THE GRADNC OPERATIONS. AU. EROSON CWTROl MEASURES Alffi PROTECTIVE FENCING MUST BE INSTALLED AND M5PECTED BY THE CITY OR LOCAL GOVERIMENT UNIT PRIOR TO BEONNWG OF ANY GRAOIN& MAINTAIN AIL EROSION CONTROL FILMS. RLMOVE ACOAOJLATED SaSMENTS. CLEAN Lf> MUO TRACKED FROM THE SITE ON TO ADJACENT STREETS. AIO) CONTROL DUST. TEMPORARY STOOOHLES HAT BE LEFT ON T7£ SITE FOR USE IN BAO70J. REPLEM91UENT. STOCKPOES MUST HAVE SILT FENCE OR OTHER EFFECTIVE BMPS TO CONTROL RUNOFF. Sn BE PLACED M SURFACE WATER CONVEYANCE DEVICES (CURB AlC GUTTEa SWALES OR OirCHES). TOPSOL WELL BE RESPREAD PROGRESSIVELY AS THE OIADWG WORK CONTML^S. IF TO REMAIN FOR MORE THAN 60 DAYS, TBIPORARY SEEDING MUST BE PLACED. THE PERMITTEE MUST IMPlEMENr THE SWPPP AND INSTALL BUn IDENTinED M THE SWPPP IN AN AF9RCPR1AIE AM) FUNCTIONAL MANId THE LOCATION OF AREAS NOT TO BE DISTURBED MUST BE DELINEATED ON THE SITE BEFORE CCVaOPMENT BEGNS. AU. EXPOSED AJIEAS WITH A CONTBAJOUS POSITIVE SLOPE WITHIN 200 FEET OFASURFACE WATER MUST HAVE TEMPORARY EROSION PROTECTIONOR PERMANENT COVER FOR THE BO>OSEO SOL AREA. YEAR ROUM>, WITH THE FQLLOWINGUAXMJUTIMESANDAREACANREMAMOPENWHENTHEAREAISNOTACTIVELYBEINGWOIWEO: a SLOPES STEEPER THAN 3:1 (7 DAYS) 14 DAYS] 1(21 DAYS}EROFANY WITHIN 200 FEET FROM THE PROPeiTY BXJE, OR FROM THE POINT OF OStHARGE I0ANYSURFACEWATERWlTKIN24H0UR30FC0NNECrH0T0ASURFACE WATER. AU EROSION CONTRCXn REACHES A (CfGHT EQUAL TO ONE-THIRD OF THE HEK»T OF THE S0.T FENCE. THE CONTRACTOR UJST PERFORM ANY COraiECnVE MEASLBLES ORDERED BY THE COY, WITHIN 34 Home OF SUOl NOTICE THE CONTRACTOR SHALL ALSO PLACE ANY ADOmONAL EROSION CONTRa HEASIAES OSMEO NECESSARY BY THE OTY OR STATE V CITY. STATE, OR ENCoeR. WHBJ THEY BECOME rONFUNCnONAL LTURES THAT ARE TOBE PRESRVEO. THS fNCUJDED ALL THSS. WETLANDS, aOPES. ETC. IN LOCATIONS WHOLE PLACEMENT OF ffiOTECTxm FENCING COMODES WTTH T>E PLACEMENT OF SILT FENCE, THE TOP PORTION OF TIC SILT FENK MAY BE PAINTED ORANGE ANO CAUTim R080N MAY BE INSTAU£0 M ACCORDANCE WITH THE DETAB. FROVIDS) IN THE CONSTRUCTION SPEOnCATION. RIBBON MUST BE MANTAMH) AT AR TIMES IF THIS ALTERNATIVE IS TO BE USED. CONTRACTOR SKAU BE RESPONSSIE FOR KEEPING E»STINC PAVED SURFACES OEAN OF SEDIMENT BY STREET SWEBWG ROADWAYS WHEN A SIGNIFICANT ACCUMULATION SEDIMENT OCCURS ON THESE SURFACES ANY SEDIMENT TRACKED OFF-SITE IS TO BE REMOVED WTTHW 24 HOURS SWEEPIW MUST ALSO OCCUR WHEN DIRECTED BY THE CITY. CONTRACTOR TO PROVIDE INLET PROTECTION PER DETAIL EROSIONCONTROLBLANKETSHiLlBEINSTALiEDONAU. SLOPES 3:1 OR STEEPERTEuPORAFIY AND PERMANENT SEOIMENTATDN BASINS lAJSr BE ORAI7EO ANO SEDIMENT REMOVB) ONCE THE SaWENT COLLECTED REACHES ONE-THffLD THE STORAGE VOLUME VUITHIN 7? HOURS. AS FIELD CONDITIONS ALLOW. ALL SEDIMENT DEPOSITS WITHIN SURFACE WATERS MUST BE REMOVED ANO RESTABOiZED WITHIN 7 DAYS OF DISCOVERY. THIS INCLUDES OaTAS AND STORM SEWER SEDIMENT DEPOSOS. INF1TRAT10N/ FLTRATTON SYSTEMS SHOULD NOT BE EXCAVATED TO FINAL GRADE UNTIL THE CONTRlBUTINC DRAINAGE AREA HAS BEEN FULLY STABILIZED. nURlNGEXCAVAIION. SEDIMENT AND EROSION CONTRa DEVICES SHOULD BE UTILIZED TOPREVENTSEOUiENTA'nONAKDTHE AREA MUST BE STAKED 0FFANOMU«<EO^THATHEAVYCONST1tUCT1ON EQUIPMENT Wli NOT COMPACT THE SOI.TO PREVENT aOGGING OF THE SYSTEM. A PRETREATMENT DEVICE MUST BE USED TO SETTLE PARTICULATES BEFORE RUNOFF DISCHARGES INTO THE INFILTRATION/ FLlRATtON SYSTEM. SEDIMENT CONTI«X. DEVICES MUST8EUSEDT0 MINIMIZE SEDIMENT ENTERINOSlAFACE WATER, INClUaNG CURS ANO CUHER AND STORM SEWER INLETS. F THE DOWN GRADIENT TREATMENT SYSTEM B OVER LOADED. THE SWPPP MUST BE AMENDED.. ALL DOWN GRADENT PERIMETER SSEUENT CONTTTQLS SHCXU BE M PLAIZ BEFORE ANY GRADIENT DISTURBANCE BEGINS. AND MAIN1A1NH) IMQ. FINAL STAB UZATION.TUOJG AM) NSTAUATION OF SEDOfKT CONTRa DEVICES CAN BE ADJUSTED TO ACCOMMODATE SORT TEJW ACTMTIES SUCH AS CLEARING AND GRUBBING. ALL STORM ORAM INIFTS UU5T BE PROTECTED VRTH BMP% ROCK CONSTRUCTION ENTRANCES OR EamVALENT SYSTDl MUST BE USED TO MINIMIZE TRACIGNG FROM SITE, DEWATERING ACT IvniES THAT MAY HAVE SEDIMENT-LAOEN DISCHARGE MUST DISCHARGE INTO A TEMPORARY OR PBWNCNT SSRMENTATION THROUQI SOME FORM OF SUP. AU OUTROWS FROM BMPS MUST HAVE AmtOVED ENERGY DfSStPATION SUCH AS RIP RAP.THE CONTRACTCTL SKAU COkPLETUY REMOVE ALL TEMPORARY EROSION AND SEDIMENT CONTRa MEASURES UPON ESTABUSKHENT OF FINAL MEASURES AND SITE STABILIZATION. CONTRACTOR SHAU OVEREXCAVATE TBIPORARY SEDACNT POND BOnOM IF POOR SUBSOILS BECOME SATLRATED AND REPLACE WITH COMPACTED Fia MATERIAL PER REQUIREMENTS OF GEOTECHNICAL REPORT. V s. a. NOTICE OF TERMINATION 2. PERMITTEES MUST SUBUT NOTICE OF TERMINATION P40T} WITHN 30 DAYS F ONE OR MORE OF FOLLOWIKK) COICrnONS HAVE BEEN MET: a FINAL STABIUZATTON HAS BEEN ACHCVS) ON All PORTX)t6 OF THE SITE FOR WHICH PERMITTEE IS RE9>ONSSl£, 1NCUJONG TIE REMOVAL OF AU TEMPOURY MEASURES SUCH AS SILT FEN^ a ANOTTCROWNDT HAS ASSUMED CONTRa CA/ERAUPCXmOKS OF THE SITE THAT HAVE NOT ACHIEVES FINAL STAaiUZATU». PEnilTTEE MUST ENSURE FINAL ST/OaJZATION OF 1>£ STE AND SUBMIT THE NOT WITHM 30 MYS OF FKAL STABLIZATKN. FB4AL STABILIZATIDN CAN BE ACMEVEO M THE FOLLOWING WAY; a AILSOaDISTURBMGAmVTTlESARECOMnETEANOAUNFORUPOTENNIALVEGETATIVECCWERWITKADGiSITYOF7m OVER TIC ENTIRE KRVIOUS SLAFACE HAS BEEN AOdEVEO KCUJOINQ: L ST/miZATIONOrOrTCWSANDSVYALES L REMOVAL OF AU TEMPORARY SYNTHETCBSTKUCTLAALBMP9 i. RB40VAL OF SEIHUENTS FROM STORM WATER CONVEYANCES AND PERMANENT WATER QUAIJTY BASINS. V a.1 4. OCKPLES CANNOT STOCmESARES. & SEQUENCE OF CONSTRUCTION 7. 8. CONTRACTOR TO VERIFY THAT AU PERMIT HAVE SSN OBTAINS). CONTRACTOR TO IN5TAU AU PEROueTER SEDIMENT CONTROL DEVICES, CONSTRUCRON ENTRANCES ANO mOTECTTIVE FENCING FOR TREES. OirCHES, EIOSTING WATER BODIES AND AREAS TO REMAN UNDISTURBED.CONTRACTOR TO CONSTRUCT STORMWATER AND /OR TEMPORARY SEDlMENTAnON BASNS. CONTRACTOR TO ROUGH GRADE SITE ANO NSTAU UTUTIES. CONTRACTOR TO INSTAU TEMPORARY EROSION CONTRa DEVICES AS NECESSARY. CONTRACTOR TO FlU TEMPOLARY SEDUENTAT10N BASINS. COMPACTINO TO SPECFIEO OEfCmES. REMOVE AU UNSUR'ABLE SH)QCNT PER RECOUHeJDATiaN OF I^TECMOCALENGINEBL CONTRACTOR TO INSTAU SUBBASE AND BASE FOR PAVEMENT. CONTRACTOR TO INSTAU BTTUUINOUS SURFACE.CONTRACTOR TO MSTAU EFtOSX)N CONIRa BUMLETS WITH PeUANENT SEED MX ONCE AU DISTURBED AREAS HAVE BEEN SIAfiUED, OBTAIN APFTOVAL FROM THE CITY ENGINEER AND WITHIN TWO WEEKS OF FINAL STABSiZATION. CONTRACTOR T 0 REMOVE SEDIMENT CONTRa DEVICES WITHIN TWO WES6 OF APPROVAL SUBMIT NOTICE OF TBMNATION WITHIN 30 DAYS OF FWAL STABIUZATION. 1.2z LLI 2t t CO Q CD Q a SLOPES OP 10:1 a SLOPES OP 10:1 THE NORMAL WETTED PERIUET TOW (1 ORFUr 3.■TTER TEATORARY OR PERMANENT DRAINAGE DITCH THAT DRAINS WATER FROM A CONSTRUCTION SITE OR DIVERTS WATER AM)UND A SITE, MUST BE STABILIZEO aaa UEASUISS MUSI BE I76TA1IED AND hMNTABKED MXaUXNG TO THE OETALS MCtilOB) IN THE CONSTRUCTION DOCUMENTS. AU SILT hUST BE REMOVED FROM SILT FENCE WHB4 . LOCAL GOVERNMENT, OR STATE WITHN 24 HOURS OF THE NOTICE. ta <a T, ^AU UEASLRES MUST BE RBHACa) OR REPABSD WITH THE APPROVAL OF ORANGE PUY 9<OW FENCING MUST BE PLACED AROUND AU NATIAAL FEA'oII.COa =)ia U_12 CDu.<^ r\ LU S 13. 14, ia;5 U-ia o17. UJia COLU ^a: S19. 2D X <21. 22.o.a;24. 2a2a27.SWPPP NOTES 2a 5HEET3a(3 1. AREA (SOFT) BUILDING AREA (SQFT) DRIVEWAY WIDTH (FT) DRIVEWAY LENGTH t (FT) DRIVEWAY QUANTITY DRIVEWAY AREA (SQFT) IMPERVIOUS AREA (SOFT) IMPERVIOUS AREA/TOTAL AREA 14,267.48 9.409.17 9.200.58 9,518.57 16,042.01 8,014.34 8.450.56 11,098.94 13.832.45 12,877.79 16,012.62 12,348.03 10,825.18 16.105.17 12.662.58 7.255.56 7,255.56 7,255.56 7,658.96 77,934.42 69,760.22 PARCEL 39 1 468 2268 16%1800 121 39612331 2196 23%18002 2196 2196 2232 33 396 24%3 12 11800 1800 1 396 23%12 334 43212361 14%18005 33 1 396 2196 27%1261800 2112 25%51 1 6127121500 600501 2400 22%1800 128 50 600 2400 17%9 12 11800 1800 1800 1800 1500 50 600121 2400 2268 2400 2100 2400 2196 2196 2196 2196 2364 24000 25108 19%10 468391 14%1211 60050 19%12 112 600 19%SO 11312 SO 600121 15%180014 33 1 396 17%12IS1800 3961 30%12 33161800 33 1 396 30%17 121800 33 396 30%12 1181800 564 31%12 47 1180019 40 2 12000 25106 31%20 ISO12000 NA 36%NAROW ■ ■ NANA lot Araa ROW '• ..-rXfi..286,025.53 66912 Impervious Area Total 25108 Total Lot Area Percent Impervious Percent Bldg Impervious 92020 357,963 25.7% 18.7% 357,785.75 69,760.22 25.7% 26048 45600 71648 Existing Building Impervious New Building Impervious Total Building Impervious Percent Bldg impervious Total Lot Area Total Lot Area 16.87 Acres 734857.2 Sqft 9.7% Total Existing Impervioitt Total New Impervious Total Impervious Percent impervious 47911 92020 139931 19.0% Marsha Bowman Marsha Bowman Tuesday, July 13, 2021 1;00 PM Brent Frazier; Bruce Stone; Dave Trites; David Wass; Judd Fischer; Richard Gabe; Rick Wilson; Rod Boyer (rboyer@loretel.net) Chris LeClair; Michelle Eldien; Naomi Olson FW: Pictures; Bass Harbor Storage; Lake Lida; July 14rh Planning Commission From: Sent: To: Cc: Subject: Please find I am pictures regarding the Conditional Use Permit Application for bass Harbor Storage (July 14 2021 PC Meeting) for your review. Thanks and have a nice afternoon! Marsha Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountymn.us OTTOtTAILOOuNTr-MW^WtA From: Naomi Olson <Naomi.Olson@nodus.com> Sent: Tuesday, July 13, 2021 12:34 PM To: Marsha Bowman <MBowman@co.ottertail.mn.us> Subject: FW; Pictures Naomi Olson Senior Business Development Executive - EVO B2B T+1 701-799-2225 naomi.olson(5)nodus.com lA nodus Nodus, a division of EVO Payments Inc. 1900 S. State College Blvd Suite 525, Anaheim, CA 92806, USA vmw.nodus.com wium This e-mail contains information that may be confidential and/or proprietary. It is intended solely for the addressee. Access to this e-mail by anyone else is unauthorized. If you are not the intended recipient of this transmission, any disclosure, copying, use, or distribution of the information included in this e-mail and any attachments is strictly prohibited. If you have received this transmission in error, please notify us by reply e-mail immediately and permanently delete this e-mail and any attachments. Thank you. Go Green! Please consider the environment before printing this email. From: Naomi Olson <naomiolsonll(5)Rmail.com> Sent: Tuesday, July 13, 2021 11:42 AM To: Naomi Olson <Naomi.Olson(5)nodus.com> Subject: [External Email] 1 ;■ This email originated from outside of EVO Payments.CAUTION; open attachments unless you know it is safe. Do not click on links or 2 •■Jh~■4’ W' * ■*lKi‘"^’ ‘'' J ■'■ . * ' ,i‘. - ' -* .■** .■iSV^fcS^ ’* j ■t*”, -*f. a .-rf'ia ‘-A' s;-m‘‘«RSP*K *•'. ?,■ V:-u.'' iJ' \»--v., *';.€r '■■•-I '; . ;■.■•"?■'-< v^.,-'«#•,, ,^;v;.?t,^, ...'■:-'r'S''',;f:^^^i •^i.» •»ii. V.. ■'s T- '% 3 ij m 4 ^’3 K- E '..i sM 1?!*!,L^. m- a ... ■fi '■y;'i ■ 'A ■ M.«>> 4a il'i-^ -a>-*^'* I . - .; - -] — . -i'-i *■« IVJI^S'V .» -il . f V. • ■ Jeftg i'^ ■k--'' ^“> * 1 ■' •'/li»% i;>'^■!-W •.t:. I t ■- ■' •«;»-3 / / i- 6 Marsha Bowman Marsha Bowman Tuesday, July 13, 2021 3:02 PM 'scottadelman1972@gmail.com' Chris LeClair; Michelle Eldien; Brent Frazier; Bruce Stone; 'Dave Trites'; David Wass; Judd Fischer; Richard Gabe; Rick Wilson; Rod Boyer (rboyer@loretel.net) Conditional Use Permit Application of Bass Harbor Storage; Lake Lida (6-747); July 14, 2021 SPRTLR0221071314531.pdf; SPRTLR0221071314530.pdf From: Sent: To: Cc: Subject: Attachments: Please find that I am attaching you copies of the emails that were received on your proposal of Bass Harbor Storage. If you have any questions, please contact me. Have a nice afternoon, Marsha Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountvmn.us OTTER TAIL 1 Marsha'Sowman Marsha Bowman Wednesday, July 14, 2021 2:44 PM Brent Frazier; Bruce Stone; Dave Trites; David Wass; Judd Fischer; Richard Gabe; Rick Wilson; Rod Boyer (rboyer@loretel.net) Chris LeClair; Michelle Eldien; Schroeder, Scott T (MPCA); Anderson Land Surveying, Inc.; Matthew Yavarow; joesr@esserinc.com; 6schmidts@frontiernet.net; scottadelman1972 @gmail.com FW: USPS Tuesday, July 13, 2021; MPCA Correspondence for July 14, 2021 Planning Commission Meeting 0080_001.pdf From: Sent: To: Cc: Subject: Attachments: I am attaching an email received from Scott Schroeder (MPCA) addressing the Applications scheduled for the July 14, 2021 Planning Commission Meeting. Thanks! Marsha Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountvmn.us OTTER TAN. ^ OCUNT* MPMiOU From: Schroeder, Scott T (MPCA) <scott.t.schroeder@state.mn.us> Sent: Wednesday, July 14, 2021 9:02 AM To: Marsha Bowman <MBowman(S)co.ottertail.mn.us> Cc: Chris LeClair <cleclair(®co.ottertail.mn.us> Subject: RE: USPS Tuesday, July 13, 2021 Hi Marsha, The Minnesota Pollution Control Agency (MPCA) Detroit Lakes office received the attached notices of public hearing for this evening's Planning Commission meeting and I got them yesterday afternoon. Per usual, 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. If the proposed Kerbs-Little McDonald navigation channel project does not require MPCA construction stormwater permit coverage, I would request or recommend that the project proposers ensure that any soil or material placed along the shoreline is immediately and permanently stabilized so that it does not end up back in the lake. Scott Scott Schroeder | Environmental Specialist Minnesota Pollution Control Agency (MPCA) 1 Northwest Watershed Unit | Watershed Division Office: 218-846-8134 | www.pca.state.mn.us ; ’ 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. From: Bellefeuille, Diane (MPCA) <diane.bellefeuille(5)state.mn.us> Sent: Tuesday, July 13, 2021 3;36 PM To: Schroeder, Scott T (MPCA) <scott.t.schroeder(5)state.mn.us> Subject: USPS Tuesday, July 13, 2021 Hi Scott, The attached arrived in today's mail. Diane 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 MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY-MINNESOTA OTTER TAIL COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING JUL 1 3 2021Bass Harbor Storage Scott Adelman/Troy Tooz 7620 Brink Drive Horace ND 58047 APPLICANT: BY; HEARING DATE/LOCATION: July 14, 2021 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): Construct a 21 Storage Unit Non-Dwelling PUD and build a road to access the Storage Units. Request to perform earthwork and road construction to build approximately 21 recreation storage building. An approx. 3,243 cubic yards will be cut for the project and an approx. 2,598 cubic yards of will be needed for project. LAKE NAME/NUMBER/CLASS: Lida Lake (56-747), General Development (GD) E-911 ADDRESS; 43915 Bass Harbor Road, Pelican Rapids MN 56573 Lots 20, 21, 22, 23, 24 & 25 BIk 1 of Palms of Lida 1®‘ Addition,LEGAL DESCRIPTION: Section 9 of Lida 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 may be expressed at the public hearing, mailed to the Land & Resource Management Office at the above address, or emailed to landgpco.ottertail.mn.us. Written correspondence or emails regarding this application must be received by 12:00PM the day before the public hearing date. Members of the public wishing to make comments at the public hearing may be present at the public hearing. As an alternative, members of the public wishing to observe and/or make comment on this application may participate in the public hearing virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095, prior to the hearing. Rick Wilson June 30. 2021 Chairman Planning Commission Mailing Date 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 Planning Commission for Otter Tail County, Minnesota, do hereby certify that on 2021, the attached Notice of Hearing and was duly30thJune■day of served upon the following; the CourthouseCounty Sheriff County Highway Engineer Otter Tail COLA, 4302 13'^ 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 aU Notices) Lake Improvement District (if project is located on their lake, mail Notices to the Lake Improvement District) Same Envelope . Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Diet., PO Box 431 Perham, MN 56573Devils (Near Perham): ■Little McDonald, Kerbs & Paul:—LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box d05, Perham, MN 56573Little Pine & Big Pine: Pelican, Fish, 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 City Clerk (if located within 2 miles of a city) MNDOT Dist. Office, 1000 Hwy 10 W, Detroit Lakes, MN 56501(if located on a State or Fed Hwy) Adjacent-County Zoning Administratef (If the County is in the- “Buffer)—check their website for name/address Do not notify individuals within a City Limit Township Clerk, Lake Association, surveyor (if appropriate), and 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 Amy Busko 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 PLANNING COMMISSION NOTIFICATION WORKSHEET Applicant: Bass Harbor Storage - Scott Adelman/Troy Tooz Lida Lake 56-747 July 14, 2021Meeting Date:Lake: Vi Mile (2640’) Preliminary PlatVa Mile (1320’) Conditional Use App *Township / County Roads: Sherry (CIS) 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. Denise Bee, Clerk 51 Envelopes 8 PC Members Lida Township PO Box 382 8 Extra 1 Extra Extra Pelican Rapids MN 56572 68 NOTICES PC:Worksheet Notification 10/2015 Buffer Parcels Parcel No Addr2Name 1 Addr 1 10689 Sonoma Rdg Citv St ZiDName 2 37000080043000 Gordon A & Ann G Jensen Eden Prairie MN 55347 1169 37000090046000 State Of Minnesota Tax Forfeited Parcel 00 37000090046001 Caria Hanson Aberdeen SD 57401 22121210 Casper Ave 37000090046006 Robert J & Lois R Stroh Erhard MN 56534 944724701 Tonseth Ln 37000090046007 Forsgren Tst 44114 Outiet Beach Rd Pelican Rapids MN 56572 7562 37000090046008 Ritchie & Joy Larson Casselton ND 58012 3705842 Morningside Dr 37000090047000 Armstrong Family Tst Brooklyn Park MN 55444 17091000 82nd Ave N 37000160081000 Robert J & Lois R Stroh Erhard MN 56534 944724701 Tonseth Ln 37000160081001 Crystal 8< David Wosick 3420 Maple St N Fargo ND 58102 1267 37000160081002 Gerard & Teresa Anne Chiovaro 11095 117th Ln Largo FL 33778 3619 37000170085000 State Of Minnesota Tax Forfeited Parcel 00 37000170086001 Dawn R Johnson Pelican Rapids MN 56572 770123314 430th St 37000990365000 Zachary Herrmann & K Anderson 4773 40th St S Fargo ND 58104 4019 37000990366000 Scott T Miller Bloomington MN 55437 12064916 82nd St W 37000990367000 Clifford A & Gail M Sheeley 1635 10th St W West Fargo ND 58078 3243 37000990368000 Edgar Wieland Pelican Rapids MN 56572 750344050 Outlet Beach Rd 37000990369000 Amy L Anderson Fergus Falls MN 56537 4012102 Two Rivers Rd 37000990370000 Joyce A Va Iley Tst 44072 Outlet Beach Rd Pelican Rapids MN 56572 7503 37000990371000 Kevin & Tanya Kvamme Kindred ND 58051 95035615 155th Ave SE 37000990372000 Craig R Kerkow 702 Pheasant Run West Fargo ND 58078 3137 37000990373000 Daryl P Hanson Aberdeen SD 57401 22121210 Casper Ave 37000990374000 Darrel & Kathryn Forsgren Tst 44114 Outlet Beach Rd Pelican Rapids MN 56572 7562 37000990375000 Robert W & Angela E Lord 3817 2nd St E West Fargo ND 58078 7917 Wednesday. June 30, 2021 Page 1 of 4 Parcel No 37000990376000 Sandra Cunningham Tst AddrlName 1 Name 2 Addr2 Citv St Zip Fargo ND 58103 5331520 22nd Ave S 37000990377000 Pauline A Rinke Et Al 308 2nd St NE Diiworth MN 56529 1232 37000990378000 Ritchie & Joy Larson 842 Morningside Dr Casselton ND 58012 3705 37000990379000 Richard & Kathy Arntson Pelican Rapids MN 56572 750424426 County Highway 4 37000990380000 Terry D & Carol L Washburn Pelican Rapids MN 56572 750424536 County Highway 4 37000990487000 Brent G & Jodell R Teiken Moorhead MN 56560 6726322 43rd Ave S 37000990488000 Adam & Kristin Bernier Eden Prairie MN 55346 410217950 Liv Ln 37000990488001 Judith K Siggerud 8i Jill Kluck 43918 Outlet Beach Rd Pelican Rapids MN 56572 2503 Sherry A Josephsen37000990489000 43934 Outlet Beach Rd Pelican Rapids MN 56572 7503 Leslie Thompson37000990490000 1045 150th Ave NE MayvilleND 58257 9218 37000990491000 David A Hagen 43962 Outlet Beach Rd Pelican Rapids MN 56572 7503 37000990492000 Daniei J & Susan G Zurn 534 18th Ave E West Fargo ND 58078 4223 37000990493000 Robert J Jr & Lhonda Q Lewis 2151 Rose Creek DrS Fargo ND 58104 6805 37000990494000 Michael Monson Elk River MN 55330 465821057 Lander St NW 37000990526000 Leroy & Sheryl Grandbois 43810 Outlet Beach Rd Pelican Rapids MN 56572 7564 37000990527001 Wendy M Dolezal Bemidji MN 56601 919510280 irvine Ave NW 37000990527900 Gregory M & Robin M Schultz 133 Jacob St Hamburg MN 55339 9404 37000990529000 Terry L Fossen 43838 Outlet Beach Rd Pelican Rapids MN 56572 7564 37000990530000 Terry L Fossen 43838 Outlet Beach Rd Pelican Rapids MN 56572 7564 37000990531900 Suad & Azra Ekic 1728 50th St S Fargo ND 58102 7758 Roberta Kowalski37000990532000 43876 Outlet Beach Rd Pelican Rapids MN 56572 7564 37000991325000 Robert J & Lois R Stroh 24701 Tonseth Ln Erhard MN 56534 9447 37000991326000 Edgar Wieland 44050 Outlet Beach Rd Pelican Rapids MN 56572 7503 37000991327000 Clifford A & Gail M Sheeley 1635 10th St W West Fargo ND 58078 3243 Wednesday, June 30, 2021 Paee 2 of 4 #• 1 * %Marsha Bowman Marsha Bowman Wednesday, August 18, 2021 11:12 AM 'Joel Sellin' Chris LeClair RE: Bass Harbor Storage LLC; Lake Lida ((56-747) From: Sent: To: Cc: Subject: Joel, I discussed your email expressing concerns on the storage shed (Permit #31795), meeting the language in your members agreement. I discussed this with Chris LeClair (director Land & Resource Management). We would like to confirm that the County does not enforce members agreements. If you have any further questions, please contact me. Marsha Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountvmn.us OmRTAH. From: Joel Sellin <joel@sellinbrothers.com> Sent: Monday, August 16, 2021 2:40 PM To: Marsha Bowman <MBowman@co.ottertail.mn.us> Subject: RE: Bass Harbor Storage LLC; Lake Lida ((56-747) Hi Marsha, We have an issue with one of the members building living quarters in their storage shed. He intends to live there during the summer months which is against our members agreement. On his permit it states proposed dwelling 'none' with 0 square feet. Does the county have any concerns regarding this being a dwelling for a few months out of the year? Thanks, JoeC From: Marsha Bowman <MBowman(5ico.ottertail.mn.us> Sent: Monday, August 16, 2021 10:24 AM To: Joel Sellin <ioel@sellinbrothers.com> Cc: Chris LeClair <cleclair(5)co.ottertail.mn.us> Subject: RE: Bass Harbor Storage LLC; Lake Lida ((56-747) Good Morning Joel, 1 Permits that have been issued for Bass Harbor Storage LLC (37000991361000), can be found online. The link to access this information can be found on the Land & Resource Management Website / OneGov: https://ottertailcountvmn.us/content-paqe/online-permit-applications/. As indicated on the website, prior to submitting an online application (or searching for permit information), you are required to set-up an account. If you have questions on accessing this information, please contact the Land & Resource Management Office at 218-998-8095. Marsha P.S. I have attached information to assist you in the OneGov process. Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountymn us OTTER TAIL From: Joel Sellin <ioel^sellinbrothers.com> Sent: Friday, August 13, 2021 11:21 AM To: Marsha Bowman <MBowman(5)co.ottertail.mn.us> Subject: RE: Bass Harbor Storage LLC; Lake Lida ((56-747) Good Morning Marsha, How would I be able to obtain all the building permits for Bass Harbor Storage LLC? Thanks, JoeC From: Marsha Bowman <MBowman(S)co.ottertail.mn.us> Sent: Tuesday, August 3, 2021 11:54 AM To: Joel Sellin <joel(asellinbrothers.com> Subject: FW: Bass Harbor Storage LLC; Lake Lida ((56-747) Joel, As requested, I am forwarding you the information submitted for the tabled Conditional Use Permit Application of Bass Harbor Storage LLC. Have a nice day, Marsha Joel: 701-318-4803 Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 2 Marsha Bowman Joel Sellin <joel@sellinbrothers.com> Tuesday, August 17, 2021 2:44 PM Marsha Bowman Chris LeClair RE: Bass Harbor Storage LLC; Lake Lida ((56-747) SKM_C30821081709351.pdf From: Sent: To: Cc: Subject: Attachments: Follow up Flagged Follow Up Flag: Flag Status: Please see the attachment for the information provided by the member in question. Thanks, JoeC From: Marsha Bowman <MBowman@co.ottertail.mn.us> Sent: Tuesday, August 17, 2021 2:27 PM To: Joel Sellin <joel@sellinbrothers.com> Cc: Chris LeClair <cleclair@co.ottertail.mn.us> Subject: RE: Bass Harbor Storage LLC; Lake Lida ((56-747) Hi Joel - do you have a permit number for us to review? Thanks! Marsha Marsha Bowman Office Administrator Land & Resource ManagementGSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountymn.us f''OTTER TAILOOWNTYMRMtOU From: Joel Sellin <ioel(a)sellinbrothers.com> Sent: Monday, August 16, 2021 2:40 PM To: Marsha Bowman <MBowman(5)co.ottertail.mn.us> Subject: RE: Bass Harbor Storage LLC; Lake Lida ((56-747) Hi Marsha, We have an issue with one of the members building living quarters in their storage shed. He intends to live there during the summer months which is against our members agreement. On his permit it states proposed dwelling 'none' with Ci square feet. Does the county have any concerns regarding this being a dwelling for a few months out of the year? Thanks, 1 JoeC - >4 From: Marsha Bowman <MBowman(5)co.ottertail.mn.us> Sent: Monday, August 16, 2021 10:24 AM To: Joel Sellin <|oel(5)sellinbrothers.com> Cc: Chris LeClair <cleclair^co.ottertail.mn.us> Subject: RE: Bass Harbor Storage LLC; Lake Lida ((56-747) Good Morning Joel, Permits that have been issued for Bass Harbor Storage LLC (37000991361000), can be found online. The link to access this information can be found on the Land & Resource Management Website / OneGov: https://ottertailcountvmn.us/content-page/online-permit-applications/. As indicated on the website, prior to submitting an online application (or searching for permit information), you are required to set-up an account. If you have questions on accessing this information, please contact the Land & Resource Management Office at 218-998-8095. Marsha P.S, I have attached information to assist you in the OneGov process. Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountvmn us ? OTTER TAILcounty From: Joel Sellin <ioel(Ssellinbrothers.com> Sent: Friday, August 13, 2021 11:21 AM To: Marsha Bowman <MBowman(5)co.ottertail.mn.us> Subject: RE: Bass Harbor Storage LLC; Lake Lida ((56-747) Good Morning Marsha, How would I be able to obtain all the building permits for Bass Harbor Storage LLC? Thanks, JoeC From: Marsha Bowman <MBowman(S>co.ottertail.mn.us> Sent: Tuesday, August 3, 2021 11:54 AM To: Joel Sellin <ioel@sellinbrothers.com> Subject: FW: Bass Harbor Storage LLC; Lake Lida ((56-747) 2 Addr2 Citv St ZiD Bloomington MN 55437 1206 Parcel No Addr 1Name 1 Name 2 37000991328000 Scott T & Jodi C Miller 4916 82nd St W Fargo ND 58104 4019Zachary Herrmann & K Anderson 4773 40th St S37000991329000 Elk River MN 55330 465837000991330000 Michael Monson 21057 Lander St NW Pelican Rapids MN 56572 750337000991331000 David A Hagen 43962 Outlet Beach Rd Fargo ND 58104 680537000991332000 Robert J Jr 8i Lhonda Q Lewis 2151 Rose Creek DrS Mayville ND 58257 92181045 150th Ave NE37000991333000 Leslie Thompson Pelican Rapids MN 56572 750343934 Outlet Beach Rd37000991334000 Sherry A Josephsen Pelican Rapids MN 56572 750344072 Outlet Beach Rd37000991335000 Joyce A Valley Tst Aberdeen SD 57401221237000991335001 Carla Hanson 1210 Casper Ave Pelican Rapids MN 56572 7562Darrel & Kathryn Forsgren Tst 44114 Outlet Beach Rd37000991335002 Kindred ND 580519503Kevin & Tanya Kvamme 5615 155th Ave SE37000991336000 0037000991337000 To The Public Buckeye AZ 85326 788937000991347000 Harold R Kirmis Living Tst 817 S 229th Ave Pelican Rapids MN 56572 756437000991348000 David & Roberta Sogn 43876 Outlet Beach Rd Oxbow ND 58047 501737000991349000 Michelle Aune 515 Sunset Dr Fargo ND 58102 23031609 4th St N37000991350000 Terrance Bartsh Pelican Rapids MN 56572 758937000991351000 Amanda K Bunkowski 43701 Bass Harbor Rd Pelican Rapids MN 56572 758937000991352000 Amanda Bunkowski 43701 Bass Harbor Rd Pelican Rapids MN 56572 756437000991353000 Leroy & Sheryl Grandbois 43810 Outlet Beach Rd Hamburg MN 55339 940437000991354000 Greg Schultz 133 Jacob St Pelican Rapids MN 56572 726224983 Labrador Beach TrI37000991355000 Todd Marti Pelican Rapids MN 56572 726224983 Labrador Beach TrI37000991356000 Todd Marti Pelican Rapids MN 56572 726237000991357000 Todd Marti 24983 Labrador Beach TrI Pelican Rapids MN 56572 726237000991358000 Todd Marti 24983 Labrador Beach TrI Page 3 of 4Wednesday. June 30, 2021 Parcel No Name 1 Addr 1 Addr 2 Citv St Zip Pelican Rapids MN 56572 7262 Name 2 37000991359000 Todd Marti 24983 Labrador Beach Tri 37000991360000 Todd Marti & Naomi Olson 24983 Labrador Beach Tri Pelican Rapids MN 56572 7262 37000991361000 Bass Harbor Storage LLC 43414 Bass Harbor Rd Pelican Rapids MN 56572 0 37000991368000 Jake & Laura Januszewski 43646 Bass Harbor Rd Pelican Rapids MN 56572 7582 37000991368001 Crystal & David Wosick 3420 Maple St N Fargo ND 58102 1267 Gerard & Teresa Anne Chiovaro37000991368002 11095 117th Ln Largo FL 33778 3619 37000991370000 To The Public 00 Wednesday. June 30. 2021 Page 4 of 4 Buffer Mail City, State, ZipAddress i Address 2Name Fergus Falls MN 56537 4012Amy L Anderson 102 Two Rivers Rd Brooklyn Park MN 55444 1709Armstrong Family Tst 1000 82nd Ave N Pelican Rapids MN 56572 7504Richard & Kathy Arntson 24426 County Highway 4 Oxbow ND 58047 5017Michelle Aune 515 Sunset Dr Fargo ND 58102 2303Terrance Bartsh 1609 4th St N Pelican Rapids MN 56572 0Bass Harbor Storage LLC 43414 Bass Harbor Rd Eden Prairie MN 55346 4102Adam & Kristin Bernier 17950 Liv Ln Pelican Rapids MN 56572 7589Amanda Bunkowski 43701 Bass Harbor Rd Pelican Rapids MN 56572 7589Amanda K Bunkowski 43701 Bass Harbor Rd Largo FL 33778 3619Gerard & Teresa Anne Chiovaro 11095 117th Ln Pelican Rapids MN 56572 7562Darrel & Kathryn Forsgren Tst 44114 Outlet Beach Rd Bemidji MN 56601 9195Wendy M Dolezal 10280 Irvine Ave NW Suad & Azra Ekic Fargo ND 58102 77581728 50th St S Pelican Rapids MN 56572 756244114 Outlet Beach RdForsgren Tst Pelican Rapids MN 56572 756443838 Outlet Beach RdTerry L Fossen Pelican Rapids MN 56572 7564Leroy & Sheryl Grandbois 43810 Outlet Beach Rd Pelican Rapids MN 56572 7503David A Hagen 43962 Outlet Beach Rd Aberdeen SD 57401 2212Carla Hanson 1210 Casper Ave Aberdeen SD 57401 2212Daryl P Hanson 1210 Casper Ave Buckeye AZ 85326 7889Harold R Kirmis Living Tst 817 S 229th Ave Page 1 of 3Wednesday, June 30, 2021 Name Address i Address 2 City, State, Zip Jake & Laura Januszewski 43646 Bass Harbor Rd Pelican Rapids MN 56572 7582 Gordon A & Ann G Jensen 10689 Sonoma Rdg Eden Prairie MN 55347 1169 Dawn R Johnson 23314 430th St Pelican Rapids MN 56572 7701 Sherry A Josephsen 43934 Outlet Beach Rd Pelican Rapids MN 56572 7503 Joyce A Valley Tst 44072 Outlet Beach Rd Pelican Rapids MN 56572 7503 Judith K Siggerud & Jill Kluck 43918 Outlet Beach Rd Pelican Rapids MN 56572 2503 Craig R Kerkow 702 Pheasant Run West Fargo ND 58078 3137 Roberta Kowalski 43876 Outlet Beach Rd Pelican Rapids MN 56572 7564 Kevin & Tanya Kvamme 5615 155th Ave SE Kindred ND 58051 9503 Ritchie & Joy Larson 842 Morningside Dr Casselton ND 58012 3705 Robert J Jr & Lhonda Q Lewis 2151 Rose Creek Dr S Fargo ND 58104 6805 Robert W & Angela E Lord 3817 2nd St E West Fargo ND 58078 7917 Todd Marti 24983 Labrador Beach TrI Pelican Rapids MN 56572 7262 Scott T Miller 4916 82nd St W Bloomington MN 55437 1206 Scott T & Jodi C Miller 4916 82nd St W Bloomington MN 55437 1206 Michael Monson 21057 Lander St NW Elk River MN 55330 4658 Pauline A Rinke Et Al 308 2nd St NE Dilworth MN 56529 1232 Sandra Cunningham Tst 520 22nd Ave S Fargo ND 58103 5331 Greg Schultz 133 Jacob St Hamburg MN 55339 9404 Gregory M & Robin M Schultz 133 Jacob St Hamburg MN 55339 9404 Clifford A 8i Gail M Sheeley 1635 10th St W West Fargo ND 58078 3243 Wednesday, June 30, 2021 Page 2 of 3 Name Address i Address 2 Pelican Rapids MN 56572 7564 City, State, Zip David & Roberta Sogn 43876 Outlet Beach Rd Robert J & Lois R Stroh 24701 Tonseth Ln Erhard MN 56534 9447 Brent G & Jodell R Teiken 322 43rd Ave S Moorhead MN 56560 6726 Leslie Thompson 1045 150th Ave NE Mayville ND 58257 9218 Todd Marti & Naomi Olson 24983 Labrador Beach TrI Pelican Rapids MN 56572 7262 Terry D & Carol L Washburn 24536 County Highway 4 Pelican Rapids MN 56572 7504 Edgar Wieland 44050 Outlet Beach Rd Pelican Rapids MN 56572 7503 Crystal & David Wosick 3420 Maple St N Fargo ND 58102 1267 Zachary Herrmann & K Anderson 4773 40th St S Fargo ND 58104 4019 Daniel J & Susan G Zurn 534 18th Ave E West Fargo ND 58078 4223 Wednesday, June 30, 2021 Page 3 of 3 Marsha Bowman Marsha Bowman Wednesday, August 18, 2021 12:43 PM Joel Sellin Chris LeClair RE: Bass Harbor Storage LLC; Lake Lida ((56-747) From: Sent: To: Cc: Subject: Joel, The Permit was issued for a non-dwelling (I did not see a revised Permit in our files). The Shoreland Management Ordinance (SMO) defines a dwelling unit as: Subp. 27. Dwelling Unit. “Dwelling unit" means any structure or portion of a structure, or other shelter designed as short- or long-term living quarters for one or more persons, which may include areas serving as a kitchen, a bathroom and at least one bedroom, including rental or timeshare accommodations such as a motel, hotel, and resort rooms and cabins. If there is evidence that the structure has all 3 components identified in the definition, the SMO will consider it as a dwelling. Please note that a non-residential lot may contain a well and/or septic system. Marsha Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountvmn.us OTTER TAILOOUNTT From: Joel Sellin <joel@sellinbrothers.com> Sent: Wednesday, August 18, 2021 11:41 AM To: Marsha Bowman <MBowman@co.ottertail.mn.us> Cc: Chris LeClair <cleclair@co.ottertail.mn.us> Subject: RE: Bass Harbor Storage LLC; Lake Lida ((56-747) Good Morning Marsha, Thank you for getting back to me. We understand the county does not enforce members agreements or covenants. However, what is concerning is this particular application for a permit states there will not be a dwelling in this building. It seems now he has alter his original permit with the county without letting anyone know. Does the county have an issue with this? Our members are just trying to prevent this from happening with the expansion of Bass Harbor Storage. There will be 20 more lots available to put storage sheds on soon and we do not want 20 more wells and septic tanks with families living in these buildings. Thanks, JoeC From: Marsha Bowman <MBowman(5)co.ottertail.mn.us> Sent: Wednesday, August 18, 2021 11:12 AM 1 To: Joel Sellin <ioel(Ssellinbrothers.com> Cc: Chris LeClair <cleclair(5)co.ottertail.mn.us> Subject: RE: Bass Harbor Storage LLC; Lake Lida ((56-747) Joel, I discussed your email expressing concerns on the storage shed (Permit #31795), meeting the language in your members agreement, I discussed this with Chris LeClair (director Land & Resource Management). We would like to confirm that the County does not enforce members agreements. If you have any further questions, please contact me. Marsha Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountvmn.us OTTER TAIL From: Joel Sellin <ioel(5)sellinbrothers.com> Sent: Monday, August 16, 2021 2:40 PM To: Marsha Bowman <MBowman(S)co.ottertail.mn.us> Subject: RE: Bass Harbor Storage LLC; Lake Lida ((56-747) Hi Marsha, We have an issue with one of the members building living quarters in their storage shed. He intends to live there during the summer months which is against our members agreement. On his permit it states proposed dwelling 'none' with 0 square feet. Does the county have any concerns regarding this being a dwelling for a few months out of the year? Thanks, Joef From: Marsha Bowman <MBowman(Sco.ottertail.mn.us> Sent: Monday, August 16, 2021 10:24 AM To: Joel Sellin <ioel(a)sellinbrothers.com> Cc: Chris LeClair <cleclair(Sco.ottertail.mn.us> Subject: RE: Bass Harbor Storage LLC; Lake Lida ((56-747) Good Morning Joel, Permits that have been issued for Bass Harbor Storage LLC (37000991361000), can be found online. The link to access this information can be found on the Land & Resource Management Website / OneGov; https://ottertailcountvmn.us/content-paqe/online-permit-applications/. As indicated on the website, prior to submitting an online application (or searching for permit information), you are required to set-up an account. If you have questions on accessing this information, please contact the Land & Resource Management Office at 218-998-8095, Marsha P.S. I have attached information to assist you in the OneGov process. 2 We h'&Ve an issue with one of the members building living quarters in their storage shed. He intends to live there during the summer months which is against our members agreement. On his permit it states proposed dwelling 'none' with 0 square feet. Does the county have any concerns regarding this being a dwelling for a few months out of the year? Thanks, JoeC From: Marsha Bowman <MBowman(5)co.ottertail.mn.us> Sent: Monday, August 16, 2021 10:24 AM To: Joel Sellin <ioel(Ssellinbrothers.com> Cc: Chris LeClair <cleclair(5)co.ottertail.mn.us> Subject: RE: Bass Harbor Storage LLC; Lake Lida ((56-747) Good Morning Joel, Permits that have been issued for Bass Harbor Storage LLC (37000991361000), can be found online. The link to access this information can be found on the Land & Resource Management Website / OneGov: https://ottertailcountvmn.us/content-paqe/online-permit-applications/. As indicated on the website, prior to submitting an online application (or searching for permit information), you are required to set-up an account. If you have questions on accessing this information, please contact the Land & Resource Management Office at 218-998-8095. Marsha P.S. I have attached information to assist you in the OneGov process. Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountvmn.us fi,'' OTTER TAIL ’ COliMTV From: Joel Sellin <ioel(5)sellinbrothers.com> Sent: Friday, August 13, 2021 11:21 AM To: Marsha Bowman <MBowman(5)co.ottertail.mn.us> Subject: RE: Bass Harbor Storage LLC; Lake Lida ((56-747) Good Morning Marsha, How would I be able to obtain all the building permits for Bass Harbor Storage LLC? Thanks, JoeC From: Marsha Bowman <MBowman(5)co.ottertail.mn.us> Sent: Tuesday, August 3, 2021 11:54 AM 3 To: Joel Sellin <ioel@sellinbrothers.com> Subject: FW: Bass Harbor Storage LLC; Lake Lida ((56-747)A * Joel As requested, I am forwarding you the information submitted for the tabled Conditional Use Permit Application of Bass Harbor Storage LLC. Have a nice day, Marsha Joel: 701-318-4803 Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls. MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountvmn.us OTTER TAILOOUHT* 4 n/larsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountvmn.us f'OTTER TAIL From: Joel Sellin <ioel@sellinbrothers.com> Sent: Friday, August 13, 2021 11:21 AM To: Marsha Bowman <MBowman@co.ottertail.mn.us> Subject: RE: Bass Harbor Storage LLC; Lake Lida ((56-747) Good Morning Marsha, How would I be able to obtain all the building permits for Bass Harbor Storage LLC? Thanks, JoeC From: Marsha Bowman <MBowman(Sco.ottertail.mn.us> Sent: Tuesday, August 3, 2021 11:54 AM To: Joel Sellin <ioel(g>sellinbrothers.com> Subject: FW: Bass Harbor Storage LLC; Lake Lida ((56-747) Joel, As requested, I am forwarding you the information submitted for the tabled Conditional Use Permit Application of Bass Harbor Storage LLC. Have a nice day, Marsha Joel: 701-318-4803 Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 \ Office 218-998-8095 ottertailcountvmn.us 9j OTTER TAIL 3 MarsVia Bowman Marsha Bowman Wednesday, August 18, 2021 3:40 PM Joel Sellin Chris LeClair RE: Bass Harbor Storage LLC; Lake Lida ((56-747) From: Sent: To: Cc: Subject: Thanks! If you have any additional questions, please let me know. Have a nice evening! Marsha Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountvmn.us OTTER TAILCOlMfr From: Joel Sellin <joel@sellinbrothers.com> Sent: Wednesday, August 18, 2021 1:40 PM To: Marsha Bowman <MBowman@co.ottertail.mn.us> Cc: Chris LeClair <cleclair@co.ottertail.mn.us> Subject: RE: Bass Harbor Storage LLC; Lake Lida ((56-747) Thank you Marsha. Have a great day! JoeC From: Marsha Bowman <MBowman(Sco.ottertail.mn.us> Sent: Wednesday, August 18, 2021 12:43 PM To: Joel Sellin <ioel@sellinbrothers.com> Cc: Chris LeClair <cleclair(S)co.ottertail.mn.us> Subject: RE: Bass Harbor Storage LLC; Lake Lida ((56-747) Joel, The Permit was issued for a non-dwelling (I did not see a revised Permit in our files). The Shoreland Management Ordinance (SMO) defines a dwelling unit as; Subp. 27. Dwelling Unit. “Dwelling unit” means any structure or portion of a structure, or other shelter designed as short- or long-term living quarters for one or more persons, which may include areas serving as a kitchen, a bathroom and at least one bedroom, including rental or timeshare accommodations such as a motel, hotel, and resort rooms and cabins. If there is evidence that the structure has all 3 components identified in the definition, the SMO will consider it as a dwelling. Please note that a non-residential lot may contain a well and/or septic system. Marsha Marsha Bowman Office Administrator Land & Resource Management GSC. 540 W Fir Fergus Falls, MN 56537 1 Direct 218-998-8099 | Office 218-998-8095 ottertailcountvmn.us • • fi,'* OTTER TAIL (OUMTT From: Joel Sellin <ioel^sellinbrothers.cotn> Sent: Wednesday, August 18, 2021 11:41 AM To: Marsha Bowman <MBowman(Sco.ottertail.mn.us> Cc: Chris LeClair <cleclair(5)co.ottertail.mn.us> Subject: RE: Bass Harbor Storage LLC; Lake Lida ((56-747) Good Morning Marsha, Thank you for getting back to me. We understand the county does not enforce members agreements or covenants. However, what is concerning is this particular application for a permit states there will not be a dwelling in this building. It seems now he has alter his original permit with the county without letting anyone know. Does the county have an issue with this? Our members are just trying to prevent this from happening with the expansion of Bass Harbor Storage. There will be 20 more lots available to put storage sheds on soon and we do not want 20 more wells and septic tanks with families living in these buildings. Thanks, JoeC From: Marsha Bowman <MBowman(S)co.ottertail.mn.us> Sent: Wednesday, August 18, 2021 11:12 AM To: Joel Sellin <ioel@sellinbrothers.com> Cc: Chris LeClair <cleclair^co.ottertail.mn.us> Subject: RE: Bass Harbor Storage LLC; Lake Lida ((56-747) Joel, I discussed your email expressing concerns on the storage shed (Permit #31795), meeting the language in your members agreement. I discussed this with Chris LeClair (director Land & Resource Management). We would like to confirm that the County does not enforce members agreements. If you have any further questions, please contact me. Marsha Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountvmn.us OTTER TAILCOUHtr From: Joel Sellin <ioel(Ssellinbrothers.com> Sent: Monday, August 16, 2021 2:40 PM To: Marsha Bowman <MBowman@co.ottertail.mn.us> Subject: RE: Bass Harbor Storage LLC; Lake Lida ((56-747) Hi Marsha, 2 Joel, As requested, I am forwarding you the information submitted for the tabled Conditional Use Permit Application of Bass Harbor Storage LLC. Have a nice day, Marsha Joel: 701-318-4803 Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8099 | Office 218-998-8095 ottertailcountvmn.us f-OTTER TAILCOUNTY 3 5721/2021 htlps7/onegov.co.otte[tall.mn.us/admstMewcard.php?cart)=5&app=16624 OTTER TAIL COUNTY Land & Resource Management Phone (218) 998-8095 PERMIT TYPE SITE AND LOT ALTERATION PERMIT (COMBINED) PERMIT NUMBER 31795 PROPERTY OWNER Bass Harbor Storage Lie LAKE INFORMATION Uda DNR ID(S)747 LOCATION Parcel(s): 37000991361000 Township Name: Lida Township Property Address(es): 24247 BASS HARBOR TRL Section/Township/Range: Sect-09 Twp-136 Range-042 Legal: PALMS OF LIDA 1ST ADDN LOTS 20.21,22,23,24 & 25 BLK 1 WORK AUTHORIZED Construct a 40x56 storage building onsite. Site prep- Remove top soil and fill with base material for slab foundation. Construct a driveway and top dress with class 5 material. In addition, construct an approach following Lida Township and or private road authority specifications/approvals. Top dress, seed and stabilize disturbed areas. Once finai grade is completed, must establish permanent vegetation within 10 days. Property owner Is responsible for all surface drainage/water run off from this project Approximate cut area- Length: 60 Feet Width: 40 Feet Average Depth: 1 Feet Total Cubic Yards: 89 cut for storage structure Approximate fill area- Length; 60 Feet Width: 40 Feet Average Depth; 1 Feet Total Cubic Yards: 69 fill under concrete Contractor- DuChene Builders, LLC Eric Babolian 05/21/2021 08:54 AM 636f0608c8bb091a0486f11bd57ce96e 3dfd803c7f113f5172IK)7371d134a0e 05/21/2021 05/21/2022 Land and Resource Management Official/Date DATE EXPIRESISSUE DATE NOTE: • This permit must be placed in a conspicuous place not more than 6 feet above grade on the premises on which work is to be done, and must be mainfeined there until completion of such work. • If the terms of this permit are vblated, the entire permit may be revoked and the owner/contractor may be subject to legal prosecution. httpsV/onesa\/xo.ottertail.nf)n.usladmstMevucafd.php7card=S&app=^ra2^ * Property Owner is legally responsible for all surface water drainage which may occur. • Topographical Alteration projects shall be stabilized within 10 days of the completion unless otherwise stated. « Notify Land & Resource Management when building footings/tbundation have been completed and/or when work authorized is complete and ready for inspection (218) 998-8095. 5/21/2021 V — <7^i to' ------\ —-^ -/fO'L\-0 Bi>-t l</ / nj ! 5^ (lio\ ! A 3oa' /6'i i Ac,c^s-S A ! L / V/M&-u' 5i Q /^RAGE 30' ' tluS t5 -Jxcf' ci-Mo-cA^d iO iw Dvul(^ '4^'^ Adelman Investments, LLC Scott and Shaina Adelman 7620 Adelman Drive Horace, ND 58047 701-306-6747 To Whom it May Concern, Before tomorrow's meeting I wanted to address a few things. I am writing this letter with a lot of frustration with the current situation. Last week my Bass Harbor Storage project was shut down because supposedly I didn't take the proper steps in the development process. Mind you, this is the first development I have started in Ottertail County. I was under the impression everything was good to go ahead and start working on the project. On August 11, 2021 the planning commission committee approved my conditional use permit application. On August 24, 2021 the County Board of Ottertail County approved the conditional use permit for the project. This project was approved last fall and a permit was issued after a small punch list was completed; please tell me why Cody approached our employee and told him there had not been a permit given for this project. With so many eyes on the approval of this project wouldn't someone along the way have let us know that the project was required to have wetland delineation completed on the project prior to commencement of work on the project. We have already started this process on 2 of the other developments so it's not like we were trying to avoid this step on this project; I just didn't know and was never told this needed to be done. This was never brought up or even brought to my attention. Usually, in my experience, once you are given this permit all due diligence has been done by all parties and the project has the green light. I'm just curious if all contractors are treated like this or if I'm being singled out for some reason because this is starting to feel like borderline harassment. Cody told me that he knew nothing about this project/ development but he's ironically the one that shut the project down; was that my responsibility to let Cody know every detail of the project?? I understand there are many rules that must be followed, and 1 am not out to try to ruin the environment, but it would be really nice if all city/county employees actually knew all the rules, policies and procedures because it seems like I get a different answer from all of them when they are questioned about different things along the way. On this same project I just transplanted 30 mature trees on the other end of the project. I am trying to help the ecosystem, not destroy it. All this is doing is costing us money and costing the county of Ottertail money as well. I lost 2 lot sales over the weekend because I obviously can't sell a lot when I don't know how this development is going to proceed. A little backstory on me so you don't think I am totally oblivious to the construction world. I have been working in some sort of construction for over 30 years. I started at Northern Improvement eventually leaving there and starting our own company, Adelman Concrete and Excavating. We were in business for almost 20 years before selling the company to All Finish Concrete. The majority of the work we did was all commercial, paving roads, parking lots, dirtwork and huge foundations. In 2015 we started one of the first developments in Horace; we completed a residential home development. We had also previously started a 100-acre development south of Horace that we sold before construction commenced. We also are in the process of completing another development in Carefree, AZ in Maricopa County. Please tell me why I have way less problems in the state of AZ then in the state of MN? My plan is to bring a lot of revenue to the county of Ottertail. Right now, we are working on a 21 shop/ lot development for storage, roughly 12 acres on Franklin tentatively for a tree fort resort, 80 acres on Lizzie for a residential housing development with shop condos on one section and 120 acres on the edge of Pelican Rapids for low income housing. So, by shutting down these projects all you are doing is costing the state of MN and the county of Ottertail a lot of money they could be collecting from taxpayers. At this point I am very frustrated with the county and the DNR; it seems like I am being singled out. I guess after tomorrows meeting. I'll know what steps need to be taken moving forward. Respectfullly submitted, Scott Adelman OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify thak this instrument #---------------------------- was filed/recorded in this office for recoKj on the day of .2007 ll)letcaif,^purtty ^p^rder 1018173 Wendy by: jecording^e .weil certihcate SPECIAL PROTECTION EASEMENT THIS GRANT OF SPECIAL PROTECTION EASEMENT is made this day of April, 2007, by and between Future Generations, LLC, a Minnesota Limited Liability Company, Grantor, and Otter Tail County, a political subdivision of the State of Minnesota (hereinafter the “District”), Grantee. 1. Grantor is the owner of real property located within the Plat of the Palms of Lida First Addition, in Otter Tail County, Minnesota, referred to herein as the “Protected Propert)'” and legally described as follows: An easement for conservation purposes over, under and across that part of Government Lot 7 in Section 9 and over, under and across that part of the Northwest Quarter of the Northwest Quarter and over under and across that part of Government Lot 2 in Section 16, all in Township 136 North, Range 42 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows: Commencing at the northeasterly corner of Lot I, Block Four, of THE PALMS OF LIDA, said plat is on file and of record in the office of the Recorder in said County, said point also being on the southeasterly line of C.S.A.H. NO. 4 R/W PLAT NO. 8, said plat is on file and of record in the office of the Recorder in said County; thence South 57 degrees 49 minutes 39 seconds West 388.42 feet on an assumed bearing along the northwesterly line of said Lot 1 and along the southeasterly line of said C.S.A.H. NO. 4 R/W PLAT NO. 8 to a found iron monument; thence continuing South 57 degrees 49 minutes 39 seconds West 66.71 feet along the northwesterly line of said THE PALMS OF LIDA and along the southeasterly line of said C.S.A.H. NO. 4 R/W PLAT NO. 8 to a found iron monument at the northwesterly corner of a Dedicated Public Road according to said THE PALMS OF LIDA; thence continuing South 57 degrees 49 minutes 39 seconds West 4.88 feet along the southeasterly line of said C.S.A.H. NO. 4 R/W PLAT NO. 8 to a found iron monument; thence continuing South 57 degrees 49 minutes 39 seconds West 209.12 feet along the southeasterly line of said C.S.A.H. NO. 4 R/W PLAT NO. 8 to a found iron monument; thence continuing South 57 degrees 49 minutes 39 seconds West 449.37 feet along the southeasterly line of said C.S.A.H. NO. 4 R/W PLAT NO. 8 to a found iron monument; thence continuing South 57 degrees 49 minutes 39 seconds West 136.44 feet along the southeasterly line of said C.S.A.H. NO. 4 R/W PLAT NO. 8 to an iron monument, said point is the point of beginning; thence South 66 degrees 28 minutes 23 seconds East 295.53 feet to an iron monument; thence South 08 degrees 04 minutes 59 seconds East 236.73 feet to an iron monument; thence South 62 degrees 49 minutes 58 seconds West 316.61 feet to an iron monument; thence South 65 degrees 53 minutes 11 seconds West 395.11 feet to an iron monument; thence South 51 degrees 15 1 minutes 36 seconds West 179.91 feet to an iron monument; thence South 71 degrees 10 minutes 48 seconds West 213.40 feet to an iron monument; thence North 57 degrees 51 minutes 26 seconds West 39.48 feet to an iron monument; thence North 07 degrees 19 minutes 51 seconds West 111.54 feet to an iron monument; thence South 82 degrees 02 minutes 10 seconds West 25.04 feet to an iron monument; thence South 09 degrees 51 minutes 44 seconds West 108.11 feet to an iron monument; thence South 35 degrees 01 minute 42 seconds East 147.00 feet to an iron monument; thence South 57 degrees 13 minutes 28 seconds East 256.22 feet to an iron monument; thence South 80 degrees 32 minutes 37 seconds East 45.39 feet to an iron monument; thence North 32 degrees 08 minutes 24 seconds West 95.21 feet to an iron monument; thence North 03 degrees 49 minutes 23 seconds East 33.38 feet to an iron monument; thence North 59 degrees 21 minutes 05 seconds East 105.44 feet to an iron monument; thence South 78 degrees 16 minutes 36 seconds East 418.29 feet to an iron monument; thence South 71 degrees 03 minutes 24 seconds East 69.17 feet to an iron monument; thence South 34 degrees 37 minutes 47 seconds East 109.05 feet to an iron monument; thenee South 20 degrees 43 minutes 30 seconds East 238.25 feet to an iron monument; thence South 06 degrees 06 minutes 54 seconds East 128.06 feet to an iron monument; thence South 01 degree 02 minutes 06 seconds West 2)4.44 feet to an iron monument; thenee South 14 degrees 32 minutes 51 seconds West 108.79 feet to an iron monument; thence South 39 degrees 07 minutes 39 seconds West 105.23 feet to an iron monument; thence South 47 degrees 59 minutes 32 seconds West 101.77 feet to an iron monument; thence South 44 degrees 24 minutes 19 seconds West 101.71 feet to an iron monument; thence South 41 degrees 50 minutes 03 seconds West 405.89 feet to an iron monument; thence South 46 degrees 12 minute 57 seconds West 103.12 feet to an iron monument; thence South 44 degrees 00 minutes 41 seconds West 355.67 feet to an iron monument; thence South 63 degrees 33 minutes 46 seconds West 304.49 feet to a found iron monument on the west line of said Section 16; thence North 00 degrees 11 minutes 56 seconds East 14.80 feet along the west line of said Section 16 to a found iron monument; thence continuing North 00 degrees 11 minutes 56 seconds East 15 feet, more or less, along the west line of said Section 16 to the water’s edge of Lake Lida; thence in a general northerly direction along the water’s edge of said Lake Lida to the west line of said Section 9; (hence North 00 degrees 11 minutes 56 seconds East 24 feet, more or less, along the west line of said Section 9 to an iron monument; thence continuing North 00 degrees 11 minutes 56 seconds East 49.95 feet along the west line of said Section 9 to an iron monument on the southeasterly line of said C.S.A.H. NO. 4 R/W PLAT NO. 8; thence northeasterly along the southeasterly line of said C.S.A.H. NO. 4 R/W PLAT NO. 8 on a curve concave to the northwest, having a central angle of 07 degrees 05 minutes 48 seconds and a radius of 1526.21 feet, for a distance of 189.04 feet (chord bearing North 61 degrees 22 minutes 33 seconds East) to a found iron monument; thence North 57 degrees 49 minutes 39 seconds East 809.58 feet continuing along the southeasterly line of said C.S.A.H. NO. 4 R/W PLAT NO. 8 to the point of beginning of said easement. The Protected Property has substantial value as a natural, ecological, aesthetic, scientific, and education resource. The integrity of the Protected Propertj' depends upon the preservation of its natural elements and ecological features. 2. Grantor and Grantee recognize the value of the natural, ecological and aesthetic features of the Protected Property and are committed to its conservation and prevention in perpetuity by the use of the Protected Property in a manner consistent with the terms of this Special Protection Easement. 3. 2 Grantee is empowered to preserve water resources within its jurisdiction.4. Grantee is qualified to acquire and hold land and wetland protection easements under the provisions of Section 170(h)(3) of the Internal Revenue Code of 1986, as that section may be amended from time to time, and the regulations promulgated thereunder, and under the provisions ofM.S. 103D. 5. The Grantor and Grantee both desire, intend and have the common purpose of conserving and preserving in perpetuity the Protected Property (as a “relatively natural habitat of fish, wildlife, or plants or similar ecosystem”, as that phrase is used in Section 170(h)(4)(A)(ii) of the Internal Revenue Code of 1986, as that section may be amended from time to time, and in regulations promulgated thereunder), by placing restrictions upon the use of the Protected Property and by transferring from the Grantor to the Grantee through the creation of a special protection easement, on, over and across the Protected Property affirmative rights to ensure the preservation of the natural elements and qualities of the Protected Property and preserve and protect water resources within the District. 6. SPECIAL PROTECTION EASEMENT The Grantor does, hereby grant and convey, free of charge, to the Grantee, its successors and assigns, forever, a Special Protection Easement in perpetuity over tlie above described Special Protection Easement Areas subject to the following rights and restrictions: A. Affirmative Rights, The Grantor conveys to the Grantee and its successors and assigns the following rights: The right to enforce by proceedings, at law or in equity, the covenants contained in this Special Protection Easement. This right shall include, but shall not be limited to, the right to bring an action in any court of competent jurisdiction to enforce the tenns of this Special Protection Easement; to require the restoration of the Special Protection Easement Areas of he Protected Property to their prior condition; to enjoin such noncompliance by temporary or permanent injunction; and to recover any damages arising from such noncompliance. Such damages, when recovered, may be applied by the Grantee, in its discretion, to corrective action on the Special Protection Easement Areas of the Protected Property, if necessary. If such court determines that the Grantor has failed to comply with this Special Protection Easement, Grantor shall reimburse Grantee for any reasonable costs of enforcement, including costs of restoration, court costs, and reasonable attorney’s fees, in addition to any other payments ordered by such court. 1. If Grantee becomes aware of an event or circumstance of noncompliance with the terms and conditions se forth in this Special Protection Easement, the Grantee shall give written notice to the Grantor, its successors or assigns, at the address set forth below, of such event or circumstance of noncompliance and restore the Special Protection Eiasement Areas of the Protected Property of their previous condition. Failure by Grantor, its successors or assigns, to cause discontinuance, abatement or such other corrective action as may be requested by the Grantee within a reasonable 2. 3 time after receipt of notice, shall entitle Grantee to bring an action as authorized in this Special Protection Easement. Nothing in his Special Protection Easement shall be construed to entitle the Grantee to institute any enforcement proceedings against the Grantor for any changes to the Special Protection Easement Areas of the Protected Property due to causes beyond Grantor’s control, such as changes caused by fire, flood, storm, civil authorities taking emergency action, or third parties not under the control or supervision of, or not acting with the consent of the Grantor or its successors or assigns. 3. Covenants. In Furtherance of the foregoing affirmative rights set forth in paragraph A, since it is the intention of the Grantor that rights under this Special Protection Easement granted to the Grantee on behalf of the public shall continue to exist in perpetuity, the Grantor makes the following covenants on behalf of the Grantor, its successors and assigns, which covenants shall run with and bind the above described Special Protection Easement Areas of the Protected Property in perpetuity: B. There shall be no residential, industrial, agricultural, or commercial activity or surface water oriented activity undertaken or allowed on the above described Special Protection Easement Areas. There shall be no tilling; plowing; littering or dumping of trash or other material; filling; excavation; mining or drilling; dredging; removal of topsoil, sand, gravel, rocks, minerals and other materials; building or any roads or trails; or change of the topography in any manner. 2. There shall be no bicycles allowed and no operation of snowmobiles, dune buggies, motorcycles, all terrain vehicles, motorized watercraft or an other types of motorized vehicles. 3. There shall be no destruction, cutting, trimming, or removal of native plants or aquatic vegetation. There will be no destruction, mowing, cutting, trimming or removal of vegetation or trees allowed. There will be no tilling, filling, mining, excavation, drilling, dredging, or removal of topsoil, sands, gravel, rocks, minerals or other materials, or any change of topography. 4. There shall be no draining, filling, wetland tj'pe changes, wetland function changes or caused inundation within the above described Special Protection Easement Areas. 5. 6.There shall be no manipulation or alteration of surface or subsurface springs or other bodies of water or any activities on or uses of the above described Special Protection Easement Areas detrimental to water purity or quality. There will be no residential, industrial agricultural or commercial facilities, buildings, structures, or dwellings allowed whatsoever, including accessory structures, water oriented accessory structures campers, decks, dishes, satellite towers, exterior lighting, highways, roads, and trails. 7. 4 1 There will be no private or public access to the above described Special Protection Easement Areas as a recreational area, included but not limited to swimming areas, fishing areas, docks, watercraft mooring area, over-water storage, or landing ramps allowed. 8. C. Reserved Rights. Grantor reserves for the Grantor and its successors and assigns, all rights as owner of the Special Protection Easement Area of the Protected Property, except the right to undertake any activities which are expressly and specifically prohibited b this Special Protection Easement or which are inconsistent with or detrimental to the protected purposes of this Special Protection Easement. This Special Protection Easement shall run with and burden the Protected Property in perpetuity and shall bind and inure to the benefit of the Grantor, its successors and assigns, and any and all other successors to it in interest and the Grantee, its successors and assigns. Any notice required by this Special Protection Easement shall be sent by certified mail, return requested, to the following addresses or such address as may be subsequently specified by notice in writing. GRANTEE:GRANTOR: Otter Tail County Land & Resource Mgmt. Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537 Future Generations, LLC 1801 45"'Street SW, Unit F Fargo, ND 58103 This Special Protection Easement shall be governed by the laws of the State of Minnesota. The terms “Grantor” and “Grantee” as used in this Special Protection Easement shall be deemed to include with respect to Grantor: its successors and assigns; and with respect to Grantee, its successors and assigns. Future-Generations, LLC Date: April 2007 By: Bruce N. Qvammen Its: President STATE OF MINNESOTA ) ) COUNTY OF BECKER ) The foregoing instrument was acknowledged before me this I^ day of April, 2007, by Bruce N. Qvammen, the President of Future Generations, LLC, a Minnesota Limited Liability Company, on behalf of the said company. Grantor. ' y\ju V - •------------------ brant R. BEESON NOTARY PUBLIC-MINNESOTA My Commission Expires Jan. 31.2010 Jibiic"Nd 5 ACCEPTANCE The foregoing Special Protection Easement is hereby duly accepted by Otter Tail County, a political subdivision of the State of Minnesota, on this Jl4^day of Appi 1 2007. DATE: . 2007 Its: OH i 7.1^2007DATE: By: Its: STATE OF MINNESOTA ) ) COUNTY OF OTTER TAIL) The foregoing instrument was acknowledged before me this ^<4 day of 2007, by f^pr\f\i*s R. IVvos.Ug.r and and /'■lef-k respectively of Otter Ta'il County, a political subdivision of the State of Minnesota, Grantee. ^ril ------ -. KATHLEEN ,A, :'0;/,H0LT® /Notary PublicNOTARY PUBLIC - •;.;;:;;.;ES0TA My Commission Expires Jon. 31,2010 THIS INSTRUMENT DRAFTED BY: Brant R. Beeson BEESON LAW OFFICE, P.A, 611 Summit Avenue/P O Box 70 Detroit Lakes, MN 56502-0070 (218)844-5000 BR.clienLs.2005-2l20 6 iiiAis AREA(SQFT) BUILDING AREA (SQFT) DRIVEWAY WIDTH (FT) DRIVEWAY LENGTH ± (FT) DRIVEWAY QUANTITY DRIVEWAY AREA (SQFT) IMPERVIOUS AREA (SQFT) IMPERVIOUS AREA / TOTAL AREA 14,267.48 9,409.17 9,200.58 9,518.57 16,042.01 8,014.34 8,205.43 7,700.00 7,700.00 10,481.27 12,081.22 16,012.62 12,348.03 10,825.18 21.522.59 10.552.59 7,255.56 7,255.56 7,255.56 7,255.56 7.658.96 36.581.77 19,258.87 22.093.78 55.697.96 PARCEL 12 39 468 2268 2208 2208 2208 2244 2208 2124 2400 2400 2400 16%118001 12 34 408 23%118002 12 408 24%34 118003 23%12 34 40811800 1800 1800 4 14%12 37 1 4445 12 34 1 408 28%6 26%12 52 624115007 31%12 50 1 60018008 12 50 600 31%1800 19 12 50 600 23%1800 1500 1800 110 39 468 1968 16%12 111 39 468 2268 2400 2100 2616 2400 2208 2208 2208 2208 2364 2100 2100 2100 25108 14%12 112 50 600 19%12 1180013 50 600121 19%1500 1800 1800 1800 1800 1800 1800 1800 1800 1800 1800 14 12%12 68 1 81615 50 600 23%12 116 12 34 1 408 30%17 12 34 1 408 30%18 12 34 30%1 40819 12 34 30%1 40820 12 47 1 564 31%21 12 25 300 6%122 12 25 300 11%123 10%12 25 1 30024 NA NA 25108 36%NANAROW 45252 Impervious Area Total 25108 Total Lot Area 212,903.32 55,697.96 354,194.66 Lot Area ROW 79024 357,963 22.1% 12.6% Percent Impervious Percent Bldg Impervious 22.3% Existing Building Impervious New Building Impervious Total Building Impervious Percent Bldg Impervious Total Lot Area Total Lot Area 26048 42300 68348 16.87 Acres 734857.2 Sqft 9.3% Total Existing Impervious Total New Impervious Total Impervious Percent Impervious 47911 79024 126935 17.3%