Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                         CHAPTER 45--H.F.No. 364
           An act relating to state lands; conveying certain 
          state lands to the city of St. Cloud.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [PROPERTY AND EASEMENTS.] 
     Notwithstanding any other laws, ordinances, or charter 
provisions to the contrary, the commissioner of administration 
shall convey to the city of St. Cloud the following described 
real property and temporary construction easements:  
    (a) Permanent acquisitions:  
    (1) Parcel 1:  that part of Lot 6 and Lot 12, Block 29, 
Curtis Survey, City of St. Cloud, Stearns County, Minnesota, 
according to the recorded plat thereof and that part of the 
vacated alley situated in said Block 29, described as follows: 
Beginning at the southeast corner of said Block 29; thence 
northerly, along the east line of said Block 29, a distance of 
20.99 feet; thence westerly, deflecting to the left 87 degrees 
11 minutes 05 seconds, a distance of 230.02 feet; thence 
westerly 50.27 feet, along a tangential curve concave to the 
south, having a radius of 5769.58 feet and a central angle of 00 
degrees 29 minutes 57 seconds, to the west line of said Block 
29; thence southerly, along the west line of said Block 29, a 
distance of 34.92 feet to the southwest corner of said Block 29; 
thence easterly, along the south line of said Block 29 to the 
point of beginning.  Subject to easements of record;  
    (2) Parcel 2:  that part of Lot 6, and Lot 12, Block 21, 
Curtis Survey, City of St. Cloud, Stearns County, Minnesota, 
according to the recorded plat thereof and that part of the 
vacated alley situated in said Block 21 and that part of vacated 
2nd Avenue South, which lies adjacent to said Block 21 and north 
of the easterly extension of the south line of said Block 21, 
described as follows:  Beginning at the southwest corner of said 
Block 21; thence northerly, along the west line of said Block 
21, a distance of 17.05 feet; thence easterly, deflecting to the 
right 92 degrees 48 minutes 55 seconds, a distance of 289.30 
feet; thence easterly 46.10 feet, along a tangential curve 
concave to the south, having a radius of 1949.86 feet and a 
central angle of 01 degrees 21 minutes 17 seconds, to the 
easterly extension of the south line of said Block 21; thence 
westerly, along said extended line and said south line 334.96 
feet to the point of beginning.  Subject to easements of record; 
and 
    (3) Parcel 3:  that part of Lot 1 and Lot 7, Block 22 and 
that part of Lot 1, Lot 2 and Lot 7, Block 13, Curtis Survey, 
City of St. Cloud, Stearns County, Minnesota, according to the 
recorded plat thereof and that part of the vacated alley 
situated in said Block 22 and that part of the vacated alley 
situated in said Block 13 and that part of vacated 2nd Avenue 
South, which lies between said Block 13 and said Block 22 and 
south of a line drawn between the northwest corner of said Block 
13 and the northeast corner of said Block 22, described as 
follows:  Beginning at the northwest corner of said Block 22; 
thence South 00 degrees 27 minutes 38 seconds East on an assumed 
bearing along the west line of said Block 22, a distance of 0.59 
feet; thence easterly 187.37 feet, along a nontangential curve 
concave to the south, having a radius of 11,417.16 feet and a 
central angle of 00 degrees 56 minutes 24 seconds, the chord of 
said curve bears South 88 degrees 06 minutes 55 seconds East, 
thence South 87 degrees 38 minutes 43 seconds East, tangent to 
said curve 97.85 feet; thence easterly 286.47 feet, along a 
tangential curve concave to the south, having a radius of 
1867.86 feet and a central angle of 08 degrees 47 minutes 14 
seconds, the chord of the last described curve bears South 83 
degrees 15 minutes 06 seconds East; thence South 11 degrees 08 
minutes 31 seconds West, along a line radial to the last 
described curve, a distance of 2.00 feet; thence easterly 45.65 
feet, along a nontangential curve concave to the south having a 
radius of 1865.86 feet and a central angle of 01 degrees 24 
minutes 06 seconds, the chord of the last described curve bears 
South 78 degrees 09 minutes 26 seconds East, to the easterly 
line of said Block 13; thence Northeasterly, along the easterly 
line of said Block 13, a distance of 61.89 feet, more or less to 
the northeast corner of said Block 13; thence South 89 degrees 
32 minutes 02 seconds West, along the north line of said Block 
13 to the northwest corner of said Block 13; thence South 89 
degrees 32 minutes 02 seconds West 80.00 feet to the northeast 
corner of said Block 22, thence South 89 degrees 32 minutes 02 
seconds West, along the north line of said Block 22 to the point 
of beginning.  Subject to easements of record.  
    (b) Temporary construction easements:  
    (1) Parcel 1:  all of Lot 6 and Lot 12 and that part of Lot 
5 and Lot 11, Block 29, Curtis Survey, City of St. Cloud, 
Stearns County, Minnesota, according to the recorded plat 
thereof and that part of the vacated alley situated in said 
Block 29, which lies south of the following described line: 
Beginning at a point on the west line of said Block 29, distant 
75.00 feet north of the southwest corner of said Block 29; 
thence easterly, parallel with the south line of said Block 29, 
to the east line of said Block 29 and said described line there 
terminating.  Subject to easements of record;  
    (2) Parcel 2:  that part of Lot 6, Lot 11 and Lot 12, Block 
21 and that part of Lot 5, Lot 6 and Lot 12, Block 12, Curtis 
Survey, City of St. Cloud, Stearns County, Minnesota, according 
to the recorded plat thereof and that part of the vacated alleys 
situated in said Block 12 and said Block 21 and that part of 
vacated 2nd Avenue South, which lies between said Block 12 and 
said Block 21 and north of a line drawn from the southeast 
corner of said Block 21 to the southwest corner of said Block 
12, which lies south of the following described line:  Beginning 
at a point on the west line of said Block 21, distant 61.00 feet 
north of the southwest corner of said Block 21; thence North 89 
degrees 32 minutes 02 seconds East, parallel with the south line 
of said Block 21, a distance of 106.00 feet; thence south 79 
degrees 21 minutes 55 seconds East 161.01 feet; thence North 89 
degrees 32 minutes 02 seconds East, parallel with said south 
line 210.00 feet; thence North 00 degrees 27 minutes 38 seconds 
East, parallel with said west line 21.70 feet; thence North 89 
degrees 32 minutes 02 seconds East, parallel with said south 
line 116.00 feet; thence North 52 degrees 03 minutes 07 seconds 
East 62.94 feet to the east line of said Block 12 and said 
described line there terminating.  Subject to easements of 
record;  
    (3) Parcel 3:  all of Lot 1 and Lot 7 and that part of Lot 
2 and Lot 8, Block 13 and all of Lot 8 and Lot 9 and all that 
part of Lot 1 and Lot 7, Block 22 and that part of Lot 1 and Lot 
7, Block 30, Curtis Survey, City of St. Cloud, Stearns County, 
Minnesota, according to the recorded plat thereof and that of 
the vacated alleys situated in said Block 13, Block 22 and Block 
30 and that part of vacated 2nd Avenue South, which lies between 
said Block 13 and said Block 22 and south of a line drawn from 
the northwest corner of said Block 13 to the northeast corner of 
said Block 22 and that part of vacated 3rd Avenue South, which 
lies between said Block 22 and said Block 30 and south of a line 
drawn from the northwest corner of said Block 22 to the 
northeast corner of said Block 30, which lies north of the 
following described line:  Beginning on a point on the west line 
of said Block 30, distant 26.00 feet south of the northwest 
corner of said Block 30; thence North 89 degrees 27 minutes 43 
seconds East, on an assumed bearing, parallel with the north 
line of said Block 30, a distance of 283.32 feet; thence South 
00 degrees 32 minutes 17 seconds East, 24.00 feet thence North 
89 degrees 27 minutes 43 seconds East, parallel with said north 
line 16.00 feet; thence South 00 degrees 37 minutes 50 seconds 
East, parallel with the west line of said Block 22, a distance 
of 115.09 feet to the westerly extension of the south line of 
said Lot 9; thence North 89 degrees 26 minutes 50 seconds East, 
along said extended line and along said south line of Lot 9, a 
distance of 192.69 feet to the southeast corner of said Lot 9; 
thence North 00 degrees 35 minutes 40 seconds West, along the 
east line of said Lot 9, Lot 8 and Lot 7, Block 22, a distance 
of 137.04 feet; thence North 89 degrees 27 minutes 43 seconds 
East, parallel with said north line 194.26 feet; thence South 00 
degrees 32 minutes 17 seconds East 42.00 feet; thence North 89 
degrees 27 minutes 43 seconds East, parallel with said north 
line 175.00 feet; thence North 00 degrees 32 minutes 17 seconds 
West 10.00 feet; thence North 89 degrees 27 minutes 43 seconds 
East, parallel with said north line 75.35 feet; thence South 78 
degrees 09 minutes 30 seconds East 33.89 feet, more or less to 
the easterly line of said Block 13 and said described line there 
terminating.  Subject to easements of record.  
    (4) Parcel 4:  The North 5.00 feet of the East 174.75 feet 
and the South 30.00 feet off the North 35.00 feet of the West 
65.00 feet of the East 174.75 feet of Block 37, Curtis Survey, 
City of St. Cloud, Stearns County, Minnesota, according to the 
recorded plat thereof.  Subject to easements of record.  
    The city has obtained an independent appraisal of the value 
of the property to be acquired and the damages incurred by the 
state as a result of the acquisition of the property.  The 
commissioner of administration shall obtain an appraisal of the 
property and the damages.  
     The above described permanent acquisitions and temporary 
construction easements shall be acquired by the city from the 
state of Minnesota by direct purchase for a consideration which 
is equal to the appraised value and damages certified by the 
commissioner of administration.  
     The proceeds received by the state for the value of the 
property and the damages incurred as a result of the city's 
acquistion of the property shall be credited to the general 
fund, except that a portion of the proceeds equal in amount to 
the expenses incurred by the commissioner of administration in 
connection with the sale shall be deposited in the account from 
which the expenses were paid.  The value and damages payable by 
the city shall be reduced by the value of the work and materials 
provided by the city for projects necessitated by the land 
transfers and road and bridge construction of the city, subject 
to the approval of the commissioner of administration.  The city 
shall perform all work and supply all materials to complete 
these projects, including but not limited to:  
    (1) Cutting off and removing that portion of the 
maintenance building which lies within permanent parcel 3 and 
temporary construction easement 3, and building a new wall on 
the remaining building;  
    (2) Building a new maintenance building to replace the 
portion removed on temporary construction easement 3.  The new 
building shall be of a design approved by the state university 
board and the commissioner of administration, and shall be 
constructed on a site to be designated by the state university 
board.  The building shall be at least equal in usable 
maintenance and storage space as the portion removed from 
temporary construction easement 3;  
    (3) Removing and replacing the canopy which is affected on 
temporary construction easement 2;  
    (4) Removing and replacing the underground oil tanks on 
temporary construction easement 3;  
    (5) Lowering the level of the tennis courts and replacing 
tennis courts, fencing, and bleachers on temporary construction 
easement 3.  
    Upon payment of the appraised value by the city, the 
commissioner of administration shall deliver to the city 
quitclaim deeds conveying all of the state's interest in those 
parcels indicated as permanent acquisitions together with the 
execution of temporary construction easements for all those 
parcels indicated as temporary easements subject only to a 
reservation of any minerals or mineral rights in the state of 
Minnesota.  The form of the quitclaim deed and temporary 
construction easement shall be subject to the approval of the 
attorney general.  
    The term of the temporary easements granted to the city by 
the state shall run concurrently with the term of the city's 
construction project and shall automatically terminate upon 
completion of the city's construction project, or on December 
31, 1987, whichever date is earliest.  
    Sec. 2.  [EFFECTIVE DATE.] 
    This act shall be effective the day following final 
enactment. 
    Approved April 19, 1983