Details for Vacation of public road

(First Publication Date:

January 13, 2021)

STATE OF MINNESOTA

COUNTY OF OTTER TAIL

IN DISTRICT COURT

SEVENTH JUDICIAL

DISTRICT

Case Type: Civil Other/Misc.

Court File No. 56-CV-20-1831

In re: Application of Michelle Resler to Vacate a Portion of the Public Road Referred to as White Earth State Road

APPLICATION FOR

VACATION OF PORTION OF DEDICATED PUBLIC ROAD

Applicants herein, Thomas Halstenson and Yvonne Halstenson ("Halstensons"), husband and wife, state and show to the Court as follows:

I. Applicants Halstensons are the record owners of the following described property in Otter Tail County, Minnesota, to-wit:

Lot 9, Block 3, Pelican Beach and That part of Lots 9 and 10, Pelican Beach, and that part of Government Lots 6 and 8, Section 2, Township137, Range 43, Otter Tail County, Minnesota, described as follows:

Commencing at the southwest corner of said Government Lot 6; thence on an assumed bearing of East along the south line of said Government Lot 6, a distance of 921.00 feet; thence North 1 degree 55 minutes 00 seconds East a distance of 173.10 feet; thence North 17 degrees 15 minutes 00 seconds East a distance of 561.00 feet; thence North 20 degrees 45 minutes 00 seconds East a distance of 349.43 feet to the point of beginning of the land to be described; thence continuing North 20 degrees 45 minutes 00 seconds East a distance of 260.74 feet to the west line of said Government Lot 8; thence South 00 degrees 26 minutes 49 seconds West along said west line of Government Lot 8, a distance of 190.57 feet to northerly line of a tract land described in Book 524 of Deeds, page 283, files of Otter Tail County Recorder; thence South 89 degrees 33 minutes 11 seconds East along the last described line, a distance of 66.00 feet to the most northerly corner of said Lot 9; thence South 33 degrees 10 minutes 05 seconds East along the northeasterly line of said Lot 9, a distance of 175 feet more or less to the shoreline of Pelican Lake; thence southwesterly along said shoreline to the intersection with a line which bears South 50 degrees 28 minutes 40 seconds East from the point of beginning; thence North 50 degrees 282 minutes 40 seconds West a distance of 266 feet more or less to the point of beginning.

II. That according to public records and various certificates of survey, there was dedicated to the public use the roadway designated as the White Earth State Road that is Northerly and adjacent to said real property, legally described above.

III. That the portion of the White Earth State Road which abuts upon the Applicants' property and which Applicants seek to have vacated by this action, is described as follows, to-wit:

Tract A Description (See Exhibit A)

All that part of Government Lot 6 and Government Lot 8 of Section 2,Township 137 North, Range 43 West of the 5th Principal Meridian, Otter Tail County, Minnesota described as follows:

Commencing at the existing iron monument marking the most northerly corner of Lot 11, Block 3, Pelican Beach, on file and of record in the office of the Otter Tail County Recorder; thence South 00°48'58" West, on and along the westerly line of said Lot 11 and the southerly extension thereof a distance of 196.42 feet to an existing iron monument marking the most northerly corner of Lot 9 and the most westerly corner of Lot 8, of said Block 3, Pelican Beach, said existing iron monument also being the POINT OF BEGINNING; thence North 81°38'27" West a distance of66.57 feet to a point on the west line of the former White Earth State Road; thence North 00°48'58" East, on and along the said west line of the former White Earth State Road, a distance of 22.86 feet to it's intersection with the southeasterly right of way line of Otter Tail County Right of Way Plat No. 26; thence South 63°36'23" East a distance of 73.17 feet to the point of beginning.

The above described tract contains 0.02 acres / 754.4 square feet, more or less, and is subject to easements, reservations, restrictions, and rights of way of record, if any.

Tract B Description (See Exhibit A)

All that part of Government Lot 6 and Government Lot 8 of Section 2,Township 137 North, Range 43 West of the 5th Principal Meridian, Otter Tail County, Minnesota described as follows:

Commencing at the existing iron monument marking the most northerly corner of Lot 11, Block 3, Pelican Beach, on file and of record in the office of the Otter Tail County Recorder; thence South 00°48'58" West, on and along the westerly line of said Lot 11 and the southerly extension thereof a distance of 196.42 feet to an existing iron monument marking the most northerly corner of Lot 9 and the most westerly corner of Lot 8, of said Block 3, Pelican Beach, said existing iron monument also being the POINT OF BEGINNING; thence North 81°38'27" West a distance of 66.57 feet to a point on the west line of the former White Earth State Road; thence South 00°48'58" West, on and along the said west line of the former White Earth State Road, a distance of 8.73 feet to the northwest corner of that certain tract described and recorded in Book 524 of Deeds, Page 283, said Book 524 of Deeds on file at the Office of the County Recorder in and for said County and State; thence South 89°11'02" East,on and along the said north line of said tract described in Book 524 of Deeds, Page 283, a distance of 66.00 feet to the point of beginning.

The above described tract contains 0.01 acres / 288.1 square feet, more or less, and is subject to easements, reservations, restrictions, and rights of way of record, if any.

IV. That although said portion of the White Earth State Road as described in the immediately preceding paragraph hereof has been dedicated for public use, it is useless for the purpose for which it was laid out and is not presently used by the Public.

V. That no member of the public will be damaged by the vacation of said portion of said Public Road and the public will be benefited by said vacation because it will be saved the expense of constructing and/or maintaining said portion of said Public Road.

VI. That all taxes assessed against the Applicants property as previously described herein have been paid in full.

WHEREFORE, your Applicants pray for an Order and Judgment of the Court vacating a portion of the White Earth State Road and that title to said portion of said White Earth State Road should be vested in the Applicants.

Dated this 11th day of January, 2021.

/s/ Ann E. Miller

Ann E. Miller

(MN ID #0390063)

Anderson, Bottrell, Sanden & Thompson

4132 30th Avenue South,

Suite 100

Post Office Box 10247

Fargo, ND 58106-0247

(701) 235-3300

amiller@andersonbottrell.com

Attorney for Applicants

VERIFICATION

Thomas Halstenson and Yvonne Halstenson, husband and wife, being first duly sworn upon oath, depose and state that they are the Applicants in the foregoing action; that they have read the foregoing Application for Vacation of Portion of Dedicated Public Road and know the contents thereof; that the same is true of their own knowledge, except as to those matters therein stated on information and belief, and as to those matters, they believe it to be true.

/s/ Thomas Halstenson

Thomas Halstenson

/s/ Yvonne Halstenson

Yvonne Halstenson

Publication Dates: January 13 & 20, 2021

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