2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to natural resources; modifying certain state 1.3 park fee and permit requirements; modifying rulemaking 1.4 authority; modifying provisions for the Fort Snelling 1.5 lease; adding to state parks and recreation areas; 1.6 amending Minnesota Statutes 2002, sections 85.052, 1.7 subdivision 4; 85.054, subdivision 7, by adding a 1.8 subdivision; 85.22, subdivision 2a; 85.34, by adding 1.9 subdivisions; Minnesota Statutes 2003 Supplement, 1.10 section 16B.24, subdivision 5; repealing Minnesota 1.11 Statutes 2002, section 85.34, subdivision 4. 1.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.13 Section 1. Minnesota Statutes 2003 Supplement, section 1.14 16B.24, subdivision 5, is amended to read: 1.15 Subd. 5. [RENTING OUT STATE PROPERTY.] (a) [AUTHORITY.] 1.16 The commissioner may rent out state property, real or personal, 1.17 that is not needed for public use, if the rental is not 1.18 otherwise provided for or prohibited by law. The property may 1.19 not be rented out for more than five years at a time without the 1.20 approval of the State Executive Council and may never be rented 1.21 out for more than 25 years. A rental agreement may provide that 1.22 the state will reimburse a tenant for a portion of capital 1.23 improvements that the tenant makes to state real property if the 1.24 state does not permit the tenant to renew the lease at the end 1.25 of the rental agreement. 1.26 (b) [RESTRICTIONS.] Paragraph (a) does not apply to state 1.27 trust fund lands, other state lands under the jurisdiction of 1.28 the Department of Natural Resources, lands forfeited for 2.1 delinquent taxes, lands acquired under section 298.22, or lands 2.2 acquired under section 41.56 which are under the jurisdiction of 2.3 the Department of Agriculture. 2.4 (c)[FORT SNELLING CHAPEL; RENTAL.] The Fort Snelling2.5Chapel, located within the boundaries of Fort Snelling State2.6Park, is available for use only on payment of a rental fee. The2.7commissioner shall establish rental fees for both public and2.8private use. The rental fee for private use by an organization2.9or individual must reflect the reasonable value of equivalent2.10rental space. Rental fees collected under this section must be2.11deposited in the general fund.2.12(d)[RENTAL OF LIVING ACCOMMODATIONS.] The commissioner 2.13 shall establish rental rates for all living accommodations 2.14 provided by the state for its employees. Money collected as 2.15 rent by state agencies pursuant to this paragraph must be 2.16 deposited in the state treasury and credited to the general fund. 2.17(e)(d) [LEASE OF SPACE IN CERTAIN STATE BUILDINGS TO STATE 2.18 AGENCIES.] The commissioner may lease portions of the 2.19 state-owned buildings in the Capitol complex, the Capitol Square 2.20 Building, the Health Building, and the building at 1246 2.21 University Avenue, St. Paul, Minnesota, to state agencies and 2.22 the court administrator on behalf of the judicial branch of 2.23 state government and charge rent on the basis of space 2.24 occupied. Notwithstanding any law to the contrary, all money 2.25 collected as rent pursuant to the terms of this section shall be 2.26 deposited in the state treasury. Money collected as rent to 2.27 recover the bond interest costs of a building funded from the 2.28 state bond proceeds fund shall be credited to the general fund. 2.29 Money collected as rent to recover the depreciation costs of a 2.30 building funded from the state bond proceeds fund and money 2.31 collected as rent to recover capital expenditures from capital 2.32 asset preservation and replacement appropriations and statewide 2.33 building access appropriations shall be credited to a segregated 2.34 account in a special revenue fund. Fifty percent of the money 2.35 credited to the account each fiscal year must be transferred to 2.36 the general fund. The remaining money in the account is 3.1 appropriated to the commissioner to be expended for asset 3.2 preservation projects as determined by the commissioner. Money 3.3 collected as rent to recover the depreciation and interest costs 3.4 of a building built with other state dedicated funds shall be 3.5 credited to the dedicated fund which funded the original 3.6 acquisition or construction. All other money received shall be 3.7 credited to the general services revolving fund. 3.8 Sec. 2. Minnesota Statutes 2002, section 85.052, 3.9 subdivision 4, is amended to read: 3.10 Subd. 4. [DEPOSIT OF FEES.] (a) Fees paid for providing 3.11 contracted products and services within a state park, state 3.12 recreation area, or wayside, and for special state park uses 3.13 under this section shall be deposited in the natural resources 3.14 fund and credited to a state parks account. 3.15 (b) Gross receipts derived from sales, rentals, or leases 3.16 of natural resources within state parks, recreation areas, and 3.17 waysides, other than those on trust fund lands, must be 3.18 deposited in the state treasury and credited to the general fund. 3.19 Sec. 3. Minnesota Statutes 2002, section 85.054, 3.20 subdivision 7, is amended to read: 3.21 Subd. 7. [TETTEGOUCHE STATE PARK.] A state park permit is 3.22 not required and a fee may not be charged for motor vehicle 3.23 entry at Palisade Head in Tettegouche State Park, provided that 3.24 motor vehicles entering the park under this provision may not be 3.25 parked at Palisade Head for more than one hour. A state park 3.26 permit is not required and a fee may not be charged for the 3.27 Class I rest area parking area at Tettegouche State Park. 3.28 Sec. 4. Minnesota Statutes 2002, section 85.054, is 3.29 amended by adding a subdivision to read: 3.30 Subd. 10. [RED RIVER STATE RECREATION AREA.] A state park 3.31 permit is not required and a fee may not be charged for any 3.32 portion of the Red River State Recreation Area located outside 3.33 of the campground. 3.34 Sec. 5. Minnesota Statutes 2002, section 85.22, 3.35 subdivision 2a, is amended to read: 3.36 Subd. 2a. [RECEIPTS, APPROPRIATION.] All receipts derived 4.1 from the rental or sale of state park items, tours at 4.2 Forestville State Park, and operation of Douglas Lodge shall be 4.3 deposited in the state treasury and be credited to the state 4.4 parks working capital account. Receipts and expenses from 4.5 Douglas Lodge shall be tracked separately within the account. 4.6 Money in the account is annually appropriated for the purchase 4.7 and payment of expenses attributable to items for resale or 4.8 rental and operation of Douglas Lodge. Any excess receipts in 4.9 this account are annually appropriated for state park management 4.10 and interpretive programs. 4.11 Sec. 6. Minnesota Statutes 2002, section 85.34, is amended 4.12 by adding a subdivision to read: 4.13 Subd. 6. [MINNEAPOLIS LEASE.] A lease to the Minneapolis 4.14 Park and Recreation Board for the purposes of athletic fields 4.15 and golf course operations is subject to subdivisions 1 to 5, 4.16 except as provided in this subdivision. Approval of the 4.17 Executive Council is not required for the lease or the issuance 4.18 of a liquor license. A lease of any portion of Officer's Row or 4.19 Area J may include a charge to be paid by the tenant for 4.20 repayment of a portion of the costs incurred by the Minneapolis 4.21 Park and Recreation Board for the installation of a new water 4.22 line on the upper bluff. The total amount to be repaid to the 4.23 Minneapolis Park and Recreation Board by tenants of Officer's 4.24 Row and Area J shall not exceed $450,000. 4.25 Sec. 7. Minnesota Statutes 2002, section 85.34, is amended 4.26 by adding a subdivision to read: 4.27 Subd. 7. [DISPOSITION OF PROCEEDS.] (a) All revenue 4.28 derived from the lease of the Fort Snelling upper bluff, with 4.29 the exception of payment for costs of the water line as 4.30 described in subdivision 6, shall be deposited in the natural 4.31 resources fund and credited to a state park account. 4.32 (b) Revenue and expenses from the upper bluff shall be 4.33 tracked separately within the account. Money in the account 4.34 derived from the leasing or operation of the property described 4.35 in subdivision 1 may be appropriated for the payment of expenses 4.36 attributable to the leasing and operation of the property 5.1 described in subdivision 1, including but not limited to, the 5.2 maintenance, repair, and rehabilitation of historic buildings 5.3 and landscapes. 5.4 Sec. 8. [ADDITIONS TO STATE PARKS.] 5.5 Subdivision 1. [85.012] [Subd. 12.] [CASCADE RIVER STATE 5.6 PARK, COOK COUNTY.] The following area is added to Cascade River 5.7 State Park, Cook County: the East 495 feet of the West 759 feet 5.8 of Government Lot 4, Section 1, Township 60 North, Range 2 West. 5.9 Subd. 2. [85.012] [Subd. 13.] [CHARLES A. LINDBERGH STATE 5.10 PARK, MORRISON COUNTY.] The following areas are added to Charles 5.11 A. Lindbergh State Park, Morrison County: 5.12 (1) Lots 3, 4, 5, 6, 7, 8, 9, 10, and 11, Block 1, Little 5.13 Elk Meadows, according to the plat on file in the office of the 5.14 registrar of titles, Morrison County, Minnesota, excepting 5.15 one-half of all mineral and mineral rights; and 5.16 (2) that part of Government Lots 2 and 3, Section 5, 5.17 Township 129, Range 29, Morrison County, Minnesota, described as 5.18 follows: Commencing at the found 1/2" iron pipe which marks the 5.19 position of the northwest corner of said Section 5, as 5.20 perpetuated since 1936 by the Morrison County Highway 5.21 Department; thence East on an assumed bearing along the north 5.22 line of the Northwest Quarter of said Section 5, as determined 5.23 by found monuments, a distance of 2423.44 feet to a found 1" 5.24 iron pipe monument; thence South 36 degrees 16 minutes West 5.25 along the approximate centerline of said County Road 213 a 5.26 distance of 1479.77 feet; thence South 24 degrees 14 minutes 5.27 West along said approximate centerline a distance of 278.26 5.28 feet; thence South 15 degrees 56 minutes 36 seconds West along 5.29 said approximate centerline a distance of 86.47 feet to its 5.30 intersection with said common line between Nelson and 5.31 Schoessling; thence South 89 degrees 38 minutes 12 seconds East 5.32 a distance of 34.26 feet to a found 5/8" diameter iron pin on 5.33 the easterly right-of-way line of said County Road 213, the 5.34 point of beginning; thence South 15 degrees 56 minutes 36 5.35 seconds West along said easterly right-of-way line a distance of 5.36 1246.81 feet to a 1/2" diameter iron pipe monument capped RLS 6.1 10832 which bears South 74 degrees 38 minutes 37 seconds East a 6.2 distance of 33.00 feet from a found 1/2" iron pin set by Lehman 6.3 in his 1948 survey at the approximate centerline of said County 6.4 Road 213; thence South 14 degrees 52 minutes 10 seconds West 6.5 along said easterly line of County Road 213 a distance of 338.93 6.6 feet to a 1/2" iron pipe monument capped RLS 10832 which bears 6.7 South 41 degrees 39 minutes 13 seconds East a distance of 39.56 6.8 feet from a found 1/2" diameter iron pin set by Lehman in said 6.9 survey at the approximate centerline of said County Road 213; 6.10 thence continuing South 14 degrees 52 minutes 10 seconds West 6.11 along said easterly right-of-way line a distance of 44 feet, 6.12 more or less, to the northerly bank of the Little Elk River, 6.13 said bank coinciding with the shoreline; thence southeasterly 6.14 963 feet, more or less, along said northerly bank of the Little 6.15 Elk River to its confluence with the Mississippi River; thence 6.16 northerly along the bank and shoreline of said Mississippi River 6.17 a distance of 2807 feet, more or less, to its intersection with 6.18 the said common line between Nelson and Schoessling; thence 6.19 North 89 degrees 53 minutes 26 seconds West along said common 6.20 line a distance of 7 feet, more or less, to a found 1/2" 6.21 diameter iron pipe monument capped RLS 3091, one of four 6.22 consecutive monuments set on said common line by Dean Anderson 6.23 in his survey dated February 15, 1973; thence continuing North 6.24 89 degrees 53 minutes 26 seconds West on said common line a 6.25 distance of 370.36 feet to a found 1/2" diameter iron pipe 6.26 monument capped RLS 3091; thence continuing on said common line 6.27 North 89 degrees 59 minutes 46 seconds West a distance of 242.55 6.28 feet to a found 1/2" diameter iron pipe monument capped RLS 6.29 3091; thence continuing on said common line North 89 degrees 59 6.30 minutes 51 seconds West a distance of 387.43 feet to a 1/2" 6.31 diameter iron pipe monument capped RLS 3091; thence continuing 6.32 on said common line North 89 degrees 38 minutes 12 seconds West 6.33 a distance of 239.51 feet to a 5/8" diameter iron pin set by 6.34 Lehman in his 1948 survey, the point of beginning, and there 6.35 terminating, all in accordance with the survey of Ron Murphy, 6.36 RLS 10832, dated January 20, 1983. Containing 67.80 acres, more 7.1 or less, this description is intended to describe all real 7.2 estate described in Certificates of Title Numbers 848 and 855. 7.3 Subd. 3. [85.012] [Subd. 14.] [CROW WING STATE PARK, CROW 7.4 WING, CASS, AND MORRISON COUNTIES.] The following area is added 7.5 to Crow Wing State Park, all in Section 18, Township 44, Range 7.6 31, Crow Wing County: the Northwest Quarter of the Northeast 7.7 Quarter except the South 330 feet thereof, and the Northeast 7.8 Quarter of the Northeast Quarter except the South 330 feet 7.9 thereof; except that part of the Northeast Quarter of the 7.10 Northeast Quarter described as follows: Commencing at the 7.11 northeast corner of the said Northeast Quarter of the Northeast 7.12 Quarter; thence West 660 feet on the north line of said 7.13 Northeast Quarter of the Northeast Quarter; thence South 330 7.14 feet parallel to the east line of said Northeast Quarter of the 7.15 Northeast Quarter; thence East 660 feet to the east line of said 7.16 Northeast Quarter of the Northeast Quarter (said line being 7.17 parallel to the north line to said Northeast Quarter of the 7.18 Northeast Quarter); thence North on the east line of said 7.19 Northeast Quarter of the Northeast Quarter 330 feet to the point 7.20 of beginning. 7.21 Subd. 4. [85.012] [Subd. 19.] [FORESTVILLE MYSTERY CAVE 7.22 STATE PARK, FILLMORE COUNTY.] (a) The following areas are added 7.23 to Forestville State Park, all in Township 102 North, Range 12 7.24 West, Fillmore County: 7.25 (1) that part of the Southeast Quarter of the Northwest 7.26 Quarter and that part of the Northeast Quarter of the Southwest 7.27 Quarter of Section 25, described as follows: Beginning at the 7.28 northeast corner of said Southeast Quarter of the Northwest 7.29 Quarter; thence on a bearing, based on the 1983 Fillmore County 7.30 Coordinate System (1986 Adjustment), of South 00 degrees 06 7.31 minutes 09 seconds West along the east line of said Southeast 7.32 Quarter of the Northwest Quarter 1314.86 feet to the northeast 7.33 corner of said Northeast Quarter of the Southwest Quarter; 7.34 thence continuing South 00 degrees 06 minutes 09 seconds West 7.35 along the east line of said Northeast Quarter of the Southwest 7.36 Quarter 1306.56 feet to the southeast corner of said Northeast 8.1 Quarter of the Southwest Quarter; thence South 89 degrees 26 8.2 minutes 26 seconds West along the south line of said Northeast 8.3 Quarter of the Southwest Quarter 13.50 feet; thence North 00 8.4 degrees 54 minutes 48 seconds West 1441.34 feet; thence North 02 8.5 degrees 12 minutes 23 seconds West 298.58 feet; thence North 01 8.6 degree 21 minutes 29 seconds West 483.51 feet; thence North 00 8.7 degrees 04 minutes 31 seconds East 397.73 feet to the north line 8.8 of said Southeast Quarter of the Northwest Quarter; thence North 8.9 89 degrees 09 minutes 53 seconds East along said north line 8.10 63.60 feet to the point of beginning; and 8.11 (2) that part of the West Half of the Northeast Quarter and 8.12 that part of the Northwest Quarter of the Southeast Quarter of 8.13 Section 25, described as follows: Commencing at the northwest 8.14 corner of said West Half of the Northeast Quarter being an in 8.15 place Fillmore County cast iron monument; thence on a bearing, 8.16 based on the 1983 Fillmore County Coordinate System (1986 8.17 Adjustment), of South 00 degrees 06 minutes 09 seconds West 8.18 along the west line of said West Half of the Northeast Quarter 8.19 1169.24 feet to a 3/4" by 24" rebar with a plastic cap stamped 8.20 "MN DNR LS 17003" (DNR MON) and the point of beginning; thence 8.21 North 89 degrees 57 minutes 41 seconds East 1000.00 feet to a 8.22 DNR MON; thence South 00 degrees 06 minutes 09 seconds West 8.23 1638.29 feet to a DNR MON; thence South 89 degrees 57 minutes 41 8.24 seconds West 1000.00 feet to the west line of said Northwest 8.25 Quarter of the Southeast Quarter and a DNR MON; thence North 00 8.26 degrees 06 minutes 09 seconds East along the west line of said 8.27 Northwest Quarter of the Southeast Quarter and along the west 8.28 line of said West Half of the Northeast Quarter 1638.29 feet to 8.29 the point of beginning. 8.30 (b) The commissioner shall manage this addition as a state 8.31 park as provided in Minnesota Statutes, section 86A.05, 8.32 subdivision 2, but in addition to other activities authorized in 8.33 Forestville Mystery Cave State Park, the commissioner shall 8.34 allow hunting. 8.35 Subd. 5. [85.012] [Subd. 22.] [GEORGE H. CROSBY MANITOU 8.36 STATE PARK, LAKE COUNTY.] The following area is added to George 9.1 H. Crosby Manitou State Park, Lake County, all in Township 58 9.2 North, Range 6 West: the Southeast Quarter of the Northwest 9.3 Quarter of Section 14; the Southwest Quarter of the Northeast 9.4 Quarter and the Southeast Quarter of the Northwest Quarter of 9.5 Section 15; the Southwest Quarter of the Northwest Quarter and 9.6 the Northwest Quarter of the Southwest Quarter of Section 23; 9.7 and the Southwest Quarter of the Northwest Quarter of Section 26. 9.8 Subd. 6. [85.012] [Subd. 29.] [ITASCA STATE PARK, HUBBARD, 9.9 CLEARWATER, AND BECKER COUNTIES.] The following areas are added 9.10 to Itasca State Park, all in Township 142, Range 36, Becker 9.11 County: 9.12 (1) Bureau of Land Management Island County Control Number 9.13 7 within Twin Island Lake and located in that part of the 9.14 Southwest Quarter of the Southwest Quarter of Section 5; that 9.15 part of the Southeast Quarter of the Southeast Quarter of 9.16 Section 6; that part of the Northeast Quarter of the Northeast 9.17 Quarter of Section 7; and that part of the Northwest Quarter of 9.18 the Northwest Quarter of Section 8; and 9.19 (2) Bureau of Land Management Island County Control Number 9.20 8 within Twin Island Lake and located in that part of the 9.21 Northeast Quarter of the Northeast Quarter of Section 7. 9.22 Subd. 7. [85.012] [Subd. 41.] [MAPLEWOOD STATE PARK, OTTER 9.23 TAIL COUNTY.] The following area is added to Maplewood State 9.24 Park, Otter Tail County: Bureau of Land Management Island 9.25 County Control Number 86 within South Arm Lida Lake and located 9.26 in that part of the Northwest Quarter of the Southeast Quarter 9.27 of Section 32, Township 136, Range 42. 9.28 Subd. 8. [85.012] [Subd. 44.] [MONSON LAKE STATE PARK, 9.29 SWIFT COUNTY.] The following areas are added to Monson Lake 9.30 State Park, Swift County: 9.31 (1) Bureau of Land Management Island County Control Number 9.32 001 within Monson Lake and located in that part of Government 9.33 Lot 1, Section 2, Township 121, Range 37; and 9.34 (2) that part of Government Lot 1, Section 35, Township 122 9.35 North, Range 37 West, Swift County, Minnesota, described as 9.36 follows: Commencing at Government Meander Corner No. 2 (being 10.1 the meander corner common to Section 35 and Section 36, Township 10.2 122 North, Range 37 West); thence southwesterly a distance of 10.3 170 feet along the government meander line in said Section 35 to 10.4 the POINT OF BEGINNING; thence continuing southwesterly, a 10.5 distance of 445 feet along said meander line to the meander 10.6 corner; thence West, a distance of 328 feet along the south line 10.7 of said Government Lot 1 to the meander corner; thence 10.8 northwesterly, a distance of 214 feet along the meander line in 10.9 said Section 35; thence northeasterly, a distance of 620 feet to 10.10 the point of beginning. 10.11 Subd. 9. [85.012] [Subd. 53b.] [SPLIT ROCK CREEK STATE 10.12 PARK, PIPESTONE COUNTY.] The following areas are added to Split 10.13 Rock Creek State Park, all in Township 105 North, Range 46 West, 10.14 Pipestone County: 10.15 (1) the Northeast Quarter; the Southwest Quarter; and the 10.16 Southeast Quarter, except that part beginning at a point on the 10.17 east line of said Southeast Quarter, 1112 feet North of the 10.18 southeast corner of said Southeast Quarter; thence West 561 feet 10.19 to a point; thence North 529 feet to a point; thence East 561 10.20 feet to a point on the east line of said Southeast Quarter; 10.21 thence South along the east line of said Southeast Quarter 528 10.22 feet to the point of beginning, all in Section 22; and 10.23 (2) the North 105 acres, more or less, of the North Half of 10.24 Section 27, lying north and west of the southeasterly 10.25 right-of-way line of the former Chicago, Rock Island and Pacific 10.26 Railway Company, now abandoned, as it was originally located on 10.27 and across said Section 27 and that part of Section 27 beginning 10.28 at the northeast corner of said Section 27; thence South 89 10.29 degrees 40 minutes 00 seconds West, a distance of 1608.29 feet; 10.30 thence South 46 degrees 05 minutes 00 seconds West, a distance 10.31 of 155.63 feet; thence deflect left along a curve having a delta 10.32 angle of 11 degrees 46 minutes, a radius of 844.28 feet, for a 10.33 distance of 173.39 feet; thence South 34 degrees 18 minutes 00 10.34 seconds West, a distance of 909.30 feet; thence South 89 degrees 10.35 57 minutes 00 seconds East, a distance of 1718.36 feet; thence 10.36 North 01 degree 03 minutes 00 seconds East, a distance of 120.70 11.1 feet; thence South 89 degrees 44 minutes 00 seconds East, a 11.2 distance of 623.70 feet to the east line of said Section 27; 11.3 thence North 00 degrees 00 minutes 00 seconds East, along said 11.4 east line, a distance of 882.95 feet, to the point of beginning. 11.5 Subd. 10. [85.012] [Subd. 55a.] [TETTEGOUCHE STATE PARK, 11.6 LAKE COUNTY.] The following areas are added to Tettegouche State 11.7 Park, Lake County: 11.8 (1) the West Half of the Southwest Quarter of the Northwest 11.9 Quarter of the Southwest Quarter lying south and west of the 11.10 Baptism River in Section 3; the East Half of the Southeast 11.11 Quarter lying south and west of the Baptism River in Section 4; 11.12 that part of the Northeast Quarter of the Northwest Quarter in 11.13 Section 10, lying south of the centerline of State Highway No. 11.14 1, except that part thereof lying north of a line parallel to 11.15 and 560 feet northerly distant from the south line of said 11.16 Northeast Quarter of the Northwest Quarter, and between two 11.17 lines parallel to and distant, respectively, 100 feet and 420 11.18 feet westerly distant from the east line of said Northeast 11.19 Quarter of the Northwest Quarter; the West 450 feet of the 11.20 Southeast Quarter of the Southwest Quarter of Section 11, 11.21 excepting therefrom, the South 425 feet; all that part of 11.22 Government Lot 2, Section 15, Township 56, Range 7 West, lying 11.23 southeasterly of U.S. Highway No. 61, EXCEPT that part of 11.24 Government Lot 2, described as follows: Commencing at the 11.25 quarter corner between said Sections 15 and 22, 56-7; thence 11.26 running East along section line between said Sections 15 and 22 11.27 to a point 503.0 feet East of said quarter corner; thence 11.28 turning an angle of 75 degrees 00 minutes to the left and 11.29 running 425.0 feet to a point designated by a 2-inch iron pipe, 11.30 being the point of beginning; thence running in a northwesterly 11.31 direction to a point on the west boundary line of Government Lot 11.32 2, which will be approximately 970.0 feet north of the quarter 11.33 corner between said Sections 15 and 22; thence North along west 11.34 boundary line of Government Lot 2 to the northwest corner of 11.35 Government Lot 2; thence East along north boundary line of 11.36 Government Lot 2 approximately 240.0 feet; thence in 12.1 southeasterly direction to a point on east side of point of 12.2 rocks projecting into Lake Superior marked with an X; thence in 12.3 a southwesterly direction along the shore of Lake Superior to 12.4 the point of beginning. (X mark on rock being in a line making 12.5 a deflection angle of 45 degrees 51 minutes to the left with 12.6 east and west section line from a point on the section line 12.7 503.0 feet East of the quarter corner between Sections 15 and 22 12.8 and being approximately 830 feet from said point on said section 12.9 line.) Said parcel to contain ten acres and to be subject to 12.10 existing right-of-way easements and all mineral and gravel 12.11 rights heretofore granted, AND EXCEPT that part of Government 12.12 Lot 2, described as follows: Commencing at the northeast corner 12.13 of Government Lot 2 marked by an iron pipe, set in 1964 by 12.14 Tofte, Lice #2888; thence South 89 degrees 49 minutes 00 seconds 12.15 West, assumed bearing, along the north line of said Lot 2 a 12.16 distance of 599.2 feet; thence southwesterly 105.69 feet along a 12.17 non-tangential curve to the right, radius of 2864.79 feet, delta 12.18 angle of 02 degrees 06 minutes 50 seconds, chord of 105.69 feet, 12.19 chord bearing of South 32 degrees 14 minutes 35 seconds West; 12.20 thence South 33 degrees 18 minutes 00 seconds West 193.70 feet 12.21 to the point of beginning of the parcel herein described; thence 12.22 returning North 33 degrees 18 minutes 00 seconds East 20.17 12.23 feet; thence South 70 degrees 21 minutes 14 seconds East 51.45 12.24 feet; thence South 62 degrees 07 minutes 40 seconds East 389.11 12.25 feet; thence South 81 degrees 45 minutes 44 seconds East 100.18 12.26 feet; thence South 72 degrees 51 minutes 58 seconds East 181 12.27 feet more or less to the shore of Lake Superior; thence 12.28 southwesterly along said shore 265 feet more or less to the 12.29 intersection with a line bearing South 47 degrees 37 minutes 00 12.30 seconds East from the point of beginning; thence North 47 12.31 degrees 37 minutes 00 seconds West 697 feet more or less to the 12.32 point of beginning; all that part of the Southeast Quarter of 12.33 the Southwest Quarter of Section 15, Township 56, Range 7 West, 12.34 lying southeasterly of U.S. Highway No. 61; all that part of 12.35 Government Lot 1 lying southeast of U.S.T.H. No. 61; the North 12.36 Half of Government Lot 2; and that part of the Southwest Quarter 13.1 of the Northwest Quarter lying south and east of Highway 61 in 13.2 Section 22; all in Township 56 North, Range 7 West; and 13.3 (2) that part of the Northeast Quarter of the Southwest 13.4 Quarter and that part of the Southeast Quarter of the Southwest 13.5 Quarter lying east of County Road 4 in Section 31, Township 57 13.6 North, Range 7 West. 13.7 Sec. 9. [ADDITIONS TO CUYUNA COUNTRY STATE RECREATION 13.8 AREA.] 13.9 [85.013] [Subd. 5c.] [CUYUNA COUNTRY STATE RECREATION AREA, 13.10 CROW WING COUNTY.] The following areas are added to Cuyuna 13.11 Country State Recreation Area, Crow Wing County: 13.12 The South Half of the Southwest Quarter of the Southwest 13.13 Quarter of Section 2 and the North Half of the Northwest Quarter 13.14 of the Northwest Quarter of Section 11, all in Township 46 13.15 North, Range 29 West, EXCEPT that part of the South Half of the 13.16 Southwest Quarter of the Southwest Quarter of Section 2 and that 13.17 part of the North Half of the Northwest Quarter of the Northwest 13.18 Quarter of Section 11 described as follows: Commencing at the 13.19 southwest corner of said Section 2; thence North 88 degrees 57 13.20 minutes 16 seconds East, assumed bearing, 30.00 feet along the 13.21 south line of said Section 2 to the easterly right-of-way line 13.22 of County State-Aid Highway 30, the point of beginning; thence 13.23 North 2 degrees 21 minutes 01 second West 123.00 feet along said 13.24 easterly right-of-way line; thence North 83 degrees 57 minutes 13.25 East 70.27 feet; thence easterly 48.57 feet along a tangential 13.26 curve concave to the south having a radius of 270.63 feet and a 13.27 central angle of 10 degrees 17 minutes; thence South 85 degrees 13.28 46 minutes East 145.77 feet; thence South 76 degrees 24 minutes 13.29 East 191.00 feet; thence South 7 degrees 28 minutes 16 seconds 13.30 West 385.13 feet; thence North 77 degrees 48 minutes West 43.50 13.31 feet; thence North 86 degrees 55 minutes 30 seconds West 360.00 13.32 feet to the easterly right-of-way line of County State-Aid 13.33 Highway 30; thence North 1 degree 35 minutes 26 seconds East 13.34 278.06 feet along said easterly right-of-way line to the point 13.35 of beginning; AND ALSO EXCEPT that part of the South Half of the 13.36 Southwest Quarter of the Southwest Quarter of Section 2 and that 14.1 part of the North Half of the Northwest Quarter of the Northwest 14.2 Quarter of Section 11, both in Township 46 North, Range 29 West, 14.3 described as follows: Commencing at the southwest corner of 14.4 said Section 2; thence North 88 degrees 57 minutes 16 seconds 14.5 East, assumed bearing, 30.00 feet along the south line of said 14.6 Section 2 to the easterly right-of-way line of County State-Aid 14.7 Highway 30; thence North 2 degrees 21 minutes 01 second West 14.8 189.14 feet along said easterly right-of-way line to the point 14.9 of beginning; thence North 83 degrees 57 minutes East 66.00 14.10 feet; thence easterly 60.42 feet along a tangential curve 14.11 concave to the south having a radius of 336.63 feet and a 14.12 central angle of 10 degrees 17 minutes; thence South 85 degrees 14.13 46 minutes East 151.18 feet; thence South 76 degrees 24 minutes 14.14 East 363.20 feet; thence easterly 59.36 feet along a tangential 14.15 curve concave to the north having a radius of 135.70 feet and a 14.16 central angle of 25 degrees 03 minutes 46 seconds; thence South 14.17 13 degrees 51 minutes East 328.09 feet not tangent to the last 14.18 described curve; thence South 87 degrees 52 minutes 02 seconds 14.19 East 159.65 feet; thence North 11 degrees 39 minutes East 297.32 14.20 feet; thence North 42 degrees 20 minutes East 156.65 feet; 14.21 thence North 22 degrees 30 minutes East 340.27 feet to the east 14.22 line of said South Half of the Southwest Quarter of the 14.23 Southwest Quarter; thence North 1 degree 42 minutes 42 seconds 14.24 West 189.62 feet along the east line of said South Half of the 14.25 Southwest Quarter of the Southwest Quarter to the northeast 14.26 corner of said South Half of the Southwest Quarter of the 14.27 Southwest Quarter; thence South 88 degrees 46 minutes 22 seconds 14.28 West 1236.37 feet along the north line of said South Half of the 14.29 Southwest Quarter of the Southwest Quarter to the easterly 14.30 right-of-way line of said County State-Aid Highway 30; thence 14.31 South 2 degrees 21 minutes 01 second East 470.58 feet along said 14.32 easterly right-of-way line to the point of beginning; AND ALSO 14.33 EXCEPT that part of the South Half of the Southwest Quarter of 14.34 the Southwest Quarter of Section 2 and that part of the North 14.35 Half of the Northwest Quarter of the Northwest Quarter of 14.36 Section 11, both in Township 46, Range 29, Crow Wing County, 15.1 Minnesota, described as follows: Commencing at the southwest 15.2 corner of said Section 2; thence North 88 degrees 57 minutes 16 15.3 seconds East, assumed bearing 30.00 feet along the south line of 15.4 said Section 2 to the easterly right-of-way line of County 15.5 State-Aid Highway 30; thence North 2 degrees 21 minutes 01 15.6 second West 123.00 feet along said easterly right-of-way line; 15.7 thence North 83 degrees 57 minutes East 70.27 feet; thence 15.8 easterly 48.57 feet along a tangential curve concave to the 15.9 south having a radius of 270.63 feet and a central angle of 10 15.10 degrees 17 minutes; thence South 85 degrees 46 minutes East 15.11 145.77 feet; thence South 76 degrees 24 minutes East 191.00 feet 15.12 to the point of beginning; thence continuing South 76 degrees 24 15.13 minutes East 166.79 feet; thence easterly 90.97 feet along a 15.14 tangential curve concave to the north having a radius of 201.70 15.15 feet and a central angle of 25 degrees 50 minutes 33 seconds; 15.16 thence South 13 degrees 51 minutes East 262.06 feet not tangent 15.17 to the last described curve; thence South 54 degrees 56 minutes 15.18 West 221.00 feet; thence North 77 degrees 48 minutes West 188.50 15.19 feet; thence North 7 degrees 28 minutes 16 seconds East 385.13 15.20 feet to the point of beginning; AND ALSO EXCEPT that part of the 15.21 South Half of the Southwest Quarter of the Southwest Quarter of 15.22 Section 2 and that part of the North Half of the Northwest 15.23 Quarter of the Northwest Quarter of Section 11, both in Township 15.24 46, Range 29, Crow Wing County, Minnesota, described as 15.25 follows: Commencing at the southwest corner of said Section 2; 15.26 thence North 88 degrees 57 minutes 16 seconds East, assumed 15.27 bearing 30.00 feet along the south line of said Section 2 to the 15.28 easterly right-of-way line of County State-Aid Highway 30; 15.29 thence North 2 degrees 21 minutes 01 second West 123.00 feet 15.30 along said easterly right-of-way line to the point of beginning; 15.31 thence North 83 degrees 57 minutes East 70.27 feet; thence 15.32 easterly 48.57 feet along a tangential curve concave to the 15.33 south having a radius of 270.63 feet and a central angle of 10 15.34 degrees 17 minutes; thence South 85 degrees 46 minutes East 15.35 145.77 feet; thence South 76 degrees 24 minutes East 357.79 15.36 feet; thence easterly 90.97 feet along a tangential curve 16.1 concave to the north having a radius of 201.70 feet and a 16.2 central angle of 25 degrees 50 minutes 33 seconds; thence North 16.3 13 degrees 51 minutes West 66.03 feet not tangent to the last 16.4 described curve; thence westerly 59.36 feet along a 16.5 non-tangential curve concave to the north having a radius of 16.6 135.70 feet and a central angle of 25 degrees 03 minutes 46 16.7 seconds; thence North 76 degrees 24 minutes West 363.20 feet; 16.8 thence North 85 degrees 46 minutes West 151.18 feet; thence 16.9 westerly 60.42 feet along a tangential curve concave to the 16.10 south having a radius of 336.63 feet and a central angle of 10 16.11 degrees 17 minutes; thence South 83 degrees 57 minutes West 16.12 66.00 feet to the easterly right-of-way line of said County 16.13 State-Aid Highway 30; thence South 2 degrees 21 minutes 01 16.14 second East 66.14 feet along said easterly right-of-way line to 16.15 the point of beginning. 16.16 Sec. 10. [REPEALER.] 16.17 Minnesota Statutes 2002, section 85.34, subdivision 4, is 16.18 repealed.