SF 2384

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to Chisago county; permitting the appointment 
  1.3             of the county recorder and the granting of certain 
  1.4             easements to Rush City. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [RECORDER MAY BE APPOINTED.] 
  1.7      Notwithstanding Minnesota Statutes, section 382.01, upon 
  1.8   adoption of a resolution by the Chisago county board of 
  1.9   commissioners, the office of county recorder in the county is 
  1.10  not elective but must be filled by appointment by the county 
  1.11  board as provided in the resolution.  Before the county board 
  1.12  may adopt a resolution under this section, the board must hold a 
  1.13  public hearing on the proposal to appoint the county recorder. 
  1.14     Sec. 2.  [BOARD CONTROLS, MAY CHANGE AS LONG AS DUTIES 
  1.15  DONE.] 
  1.16     Upon adoption of a resolution by the Chisago county board 
  1.17  of commissioners and subject to sections 3 and 4, the duties of 
  1.18  the elected official required by statute whose office is made 
  1.19  appointive as authorized by this act must be discharged by the 
  1.20  board of commissioners of Chisago county acting through a 
  1.21  department head appointed by the board for that purpose.  A 
  1.22  reorganization, reallocation, or delegation or other 
  1.23  administrative change or transfer does not diminish, prohibit, 
  1.24  or avoid the discharge of duties required by statute. 
  1.25     Sec. 3.  [INCUMBENT TO COMPLETE TERM.] 
  2.1      A person elected at the November 1994 general election to 
  2.2   the position of county recorder shall serve in that capacity and 
  2.3   perform the duties, functions, and responsibilities required by 
  2.4   statute, until the completion of the term of office to which 
  2.5   that person was elected, or until a vacancy occurs in the 
  2.6   office, whichever occurs earlier. 
  2.7      Sec. 4.  [PUBLISHING RESOLUTION, PETITION, REFERENDUM.] 
  2.8      The county board, before acting as permitted by section 2 
  2.9   and before making an appointment as permitted by section 1 or 2, 
  2.10  but after adopting a resolution permitted by section 1 or 2, 
  2.11  must publish the resolution once each week for two consecutive 
  2.12  weeks in the official publication of the county.  The resolution 
  2.13  may be implemented without the submission of the question to the 
  2.14  voters of the county, unless within 21 days after the second 
  2.15  publication of the resolution, a petition requesting a 
  2.16  referendum, signed by a number of voters equal to at least ten 
  2.17  percent of those who voted in the county at the last general 
  2.18  election, is filed with the county auditor.  If a petition is 
  2.19  filed, the resolution may be implemented unless disapproved by a 
  2.20  majority of the voters of the county voting on the question at a 
  2.21  regular or special election. 
  2.22     Sec. 5.  [EASEMENTS TO RUSH CITY.] 
  2.23     (a) Notwithstanding Minnesota Statutes, section 16B.26, or 
  2.24  any other law to the contrary, the commissioner of 
  2.25  administration may grant to the city of Rush City an easement 
  2.26  for airport building restriction and glide slope purposes over, 
  2.27  under and across that part of the Southeast Quarter of the 
  2.28  Southwest Quarter, the Southwest Quarter of the Southeast 
  2.29  Quarter, and the Southeast Quarter of the Southeast Quarter of 
  2.30  Section 10, Township 37 North, Range 21 West located in Chisago 
  2.31  county, Minnesota, which lies within the following legally 
  2.32  described area: 
  2.33     Beginning at the southwest corner of the South Half of the 
  2.34     Southeast Quarter of Section 10, Township 37 North, Range 
  2.35     21 West; thence on an assumed bearing of South 87 degrees 
  2.36     36 minutes 18 seconds East along the south line of said 
  3.1      South Half of the Southeast Quarter a distance of 249.38 
  3.2      feet; thence North 71 degrees 58 minutes 12 seconds East a 
  3.3      distance of 2522.23 feet to the east line of said South 
  3.4      Half of the Southeast Quarter; thence North 0 degrees 02 
  3.5      minutes 58 seconds West along said east line of the South 
  3.6      Half of the Southeast Quarter a distance of 107.97 feet; 
  3.7      thence South 71 degrees 58 minutes 12 seconds West a 
  3.8      distance of 2837.39 feet to the south line of the Southeast 
  3.9      Quarter of the Southwest Quarter of said Section 10; thence 
  3.10     on a bearing of East a distance of 50.62 feet along the 
  3.11     south line of said Southeast Quarter of the Southwest 
  3.12     Quarter to the point of beginning. 
  3.13  Containing 274,945 square feet (6.312 acres) more or less. 
  3.14     (b) Notwithstanding Minnesota Statutes, section 16B.26, or 
  3.15  any other law to the contrary, the commissioner of 
  3.16  administration may grant to the city of Rush City an easement 
  3.17  for drainage, utility, and elevated storage tank purposes over, 
  3.18  under and across that part of the Southwest Quarter of the 
  3.19  Southeast Quarter of Section 10, Township 37 North, Range 21 
  3.20  West, located in Chisago county, Minnesota, which lies within 
  3.21  the following legally described area: 
  3.22     Commencing at the southwest corner of the Southwest Quarter 
  3.23     of the Southeast Quarter of Section 10, Township 37 North, 
  3.24     Range 21 West; thence on an assumed bearing of South 87 
  3.25     degrees 36 minutes 18 seconds East along the south line of 
  3.26     said Southwest Quarter of the Southeast Quarter of Section 
  3.27     10, a distance of 747.64 feet; thence North 0 degrees 02 
  3.28     minutes 58 seconds West a distance of 1058.78 feet to the 
  3.29     point of beginning; thence South 89 degrees 57 minutes 02 
  3.30     seconds West a distance of 55 feet; thence North 0 degrees 
  3.31     02 minutes 58 seconds West a distance of 90.00 feet; thence 
  3.32     North 89 degrees 57 minutes 02 seconds East a distance of 
  3.33     110.00 feet; thence South 0 degrees 02 minutes 58 seconds 
  3.34     East a distance of 90.00 feet; thence South 89 degrees 57 
  3.35     minutes 02 seconds West a distance of 55.00 feet to the 
  3.36     point of beginning. 
  4.1   Containing 9,900 square feet (0.227 acres) more or less. 
  4.2      (c) Notwithstanding Minnesota Statutes, section 16B.26, or 
  4.3   any other law to the contrary, the commissioner of 
  4.4   administration may grant to the city of Rush City an easement 
  4.5   for drainage and utility purposes over, under and across that 
  4.6   part of the Southeast Quarter of the Southwest Quarter, and the 
  4.7   Southwest Quarter of the Southeast Quarter of Section 10, 
  4.8   Township 37 North, Range 21 West located in Chisago county, 
  4.9   Minnesota, which lies within the following legally described 
  4.10  area: 
  4.11     The East 70.00 feet of the South 100.00 feet of the 
  4.12     Southeast Quarter of the Southwest Quarter of Section 10, 
  4.13     Township 37 North, Range 21 West, and the West 45.00 feet 
  4.14     of the South 100.00 feet of the Southwest Quarter of the 
  4.15     Southeast Quarter of Section 10, Township 37 North, Range 
  4.16     21 West. 
  4.17  Containing 11,500 square feet (0.264 acres) more or less. 
  4.18     Sec. 6.  [EFFECTIVE DATE.] 
  4.19     Sections 1 to 4 take effect the day after the filing of a 
  4.20  certificate of local approval by the Chisago county board in 
  4.21  compliance with Minnesota Statutes, section 645.021, subdivision 
  4.22  3.  Section 5 is effective the day following final enactment.