Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 432-H.F.No. 2466 
           An act relating to natural resources; authorizing 
          additions to and deletions from certain state parks 
          and recreation areas; providing for the maintenance of 
          roads; providing access to Forestville state park; 
          amending Laws 1984, chapter 599, section 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [NATURAL RESOURCES; ADDITIONS TO AND DELETIONS 
FROM CERTAIN STATE PARKS.] 
    Subdivision 1.  The lands described in this section are, as 
specified in this section, added to or deleted from the 
boundaries of the state parks designated in this section.  The 
commissioner of natural resources is authorized to acquire by 
gift, purchase, or, if authorized by law, by condemnation 
proceedings the lands as described which are added.  Any land 
which now is or hereafter becomes tax-forfeited land and is 
located within the described park boundaries is withdrawn from 
sale and is transferred from the custody, control, and 
supervision of the county board of the county to the 
commissioner of natural resources, free from any trust in favor 
of the interested taxing districts.  The commissioner shall 
execute a certificate of acceptance of the lands on behalf of 
the state for these purposes and transmit it to the county 
auditor of the county for record as provided by law in the case 
of tax-forfeited land transferred to the commissioner by 
resolution of the county board for conservation purposes.  Any 
land within the herein described boundaries which may be owned 
by the United States and managed by any of its agents may be 
acquired by land exchange, direct transfer, or purchase as 
federal laws may prescribe.  The lands acquired pursuant to this 
section shall be administered in the same manner as provided for 
other state parks and shall be perpetually dedicated for this 
use. 
    Subd. 2.  [85.012] [Subd. 21.] [FRONTENAC STATE PARK.] 
    The following area is added to Frontenac State Park: 
    Government Lot 1 and that part of Government Lot 2 lying 
easterly of the center line of said Government Lot 2 of Section 
33; Government Lot 1 of Section 34; all in Township 113 North, 
Range 13 West.  The West Half of the Northwest Quarter and that 
part of the West Half of the Southwest Quarter lying northerly 
of the township road of Section 3; that part of Sections 4 and 5 
lying northerly of the township road; and the Northeast Quarter 
of the Northeast Quarter of Section 6; all in Township 112 
North, Range 13 West.  
    The following area is deleted from Frontenac State Park:  
    That part of the East Half of the Southwest Quarter and the 
Southwest Quarter of the Southeast Quarter of Section 3 lying 
southerly of the township road; all of the Southeast Quarter of 
the Northeast Quarter and the Northeast Quarter of the Southeast 
Quarter of Section 9; all of that part of the South Half of the 
Southeast Quarter of Section 9 except the rights-of-way of U.S. 
Highway 61 and the Chicago, Milwaukee, St. Paul and Pacific 
Railroad; all that part of Section 10 lying northwesterly of 
C.S.A.H. 2 and southerly of the township road; all that part of 
the North Half of Section 15 lying northerly of the northerly 
right-of-way line of U.S. Highway 61 and westerly of C.S.A.H. 2; 
all that part of the Southeast Quarter of Section 10 and the 
Northeast Quarter of the Northeast Quarter of Section 15 lying 
southeasterly of C.S.A.H. 2 and northerly and easterly of the 
following described line:  Beginning at the intersection of 
C.S.A.H. 2 and a line 300 feet north of and parallel with the 
northerly line of Hibernia Avenue of the town of Frontenac 
Station, thence easterly along said line to its intersection 
with the northerly extension of the easterly line of Ludlow 
Avenue, thence southerly along the easterly line of Ludlow 
Avenue and its extension to a point 270 feet north of the 
northerly line of Columbia Avenue, thence deflecting left at a 
right angle to a line parallel with and 100 feet distance from 
the easterly line of Ludlow Avenue, thence southerly along said 
line to its intersection with the northerly right-of-way line of 
U.S. Highway 61, thence easterly along said northerly 
right-of-way line to the east line of Section 15 and there 
terminating; all that part of the West Half of the Southwest 
Quarter of Section 11 and the West Half of the Northwest Quarter 
of Section 14 lying southeasterly of C.S.A.H. 2, northerly of 
the northerly right-of-way line of U.S. Highway 61, and westerly 
of the following described line:  Commencing at the southwest 
corner of said Section 11; thence on an assumed bearing of North 
00 degrees 25 minutes 27 seconds West 1519.93 feet along the 
west line of said Section 11; thence North 89 degrees 34 minutes 
33 seconds East 490.90 feet to Point "A"; thence North 42 
degrees 46 minutes 45 seconds West 507.40 feet to the center 
line of C.S.A.H. 2 (a/k/a Frontenac and Wells Creek Road and 
road from old Village of Frontenac to new Village of Frontenac) 
and the point of beginning; thence South 42 degrees 46 minutes 
45 seconds East 507.40 feet to Point "A"; thence South 00 
degrees 00 minutes 18 seconds West 1416.61 feet; thence South 55 
degrees 09 minutes 18 seconds East 1027.56 feet to the east line 
of said Northwest Quarter of the Northwest Quarter of said 
Section 14 and there terminating; all that part of the East Half 
of the Northwest Quarter of Section 14 described as follows:  
Beginning at the intersection of the north-south quarter section 
line of the Northwest Quarter of said Section 14 and the 
northerly right-of-way line of U.S. Highway 61 as now located, 
run thence North 400 feet, thence East 100 feet, thence South 
200 feet, thence East 100 feet, thence South 200 feet more or 
less to the northerly line of said U.S. Highway 61, thence 
westerly and along said northerly line of said highway, 200 feet 
more or less to the point of beginning; all in Township 112 
North, Range 13 West. 
    Subd. 3.  [85.012] [Subd. 27.] [HELMER MYRE STATE PARK.] 
    The following area is added to Helmer Myre State Park: 
    All of Government Lot 2 EXCEPT beginning at a point on the 
west line of said Government Lot 2 a distance of 24 rods north 
of the southwest corner of said Government Lot 2; thence east to 
Albert Lea Lake; thence southerly along the shoreline of Albert 
Lea Lake to the south line of said Government Lot 2; thence west 
along the south line of said Government Lot 2 to the southwest 
corner of said Government Lot 2; thence north along the west 
line of said Government Lot 2 to the point of beginning, 
Government Lots 3 and 4 of Section 7 all in Township 102 North, 
Range 20 West. 
    Subd. 4.  [85.012] [Subd. 60.] [WILLIAM O'BRIEN STATE 
PARK.] 
    The following area is added to William O'Brien State Park: 
    The Southeast Quarter of the Southeast Quarter, the 
Northeast Quarter of the Southeast Quarter and the East Half of 
the Northwest Quarter of the Southeast Quarter of Section 26, 
all in Township 32 North, Range 20 West. 
    Sec. 2.  [85.013] [Subd. 18a.] [MOOSE LAKE STATE RECREATION 
AREA.] 
    The following area is added to Moose Lake State Recreation 
Area: 
    The Southeast Quarter of the Southwest Quarter and the 
Southwest Quarter of the Southeast Quarter of Section 22; that 
part of Government Lot 1 of Section 33 lying northerly of the 
township road; Government Lot 2, the Southeast Quarter of the 
Northwest Quarter, the South Half of the Northeast Quarter and 
the Northwest Quarter of the Northeast Quarter of Section 34; 
all in Township 46 North, Range 19 West. 
    The following area is deleted from Moose Lake State 
Recreation Area: 
    That part of the Southwest Quarter of the Southeast Quarter 
of Section 28 lying southerly of Minnesota Highway 73 and 
westerly of Interstate Highway 35; and that part of Government 
Lot 2 and the Southwest Quarter of the Northeast Quarter of 
Section 33 lying westerly of Interstate Highway 35; all in 
Township 46 North, Range 19 West. 
    Sec. 3.  Laws 1984, chapter 599, section 3, is amended to 
read: 
    Sec. 3.  [85.013] [Subd. 10.] [FLOOD BAY STATE WAYSIDE.] 
    The following areas are deleted from the Flood Bay State 
Wayside: 
    (a) That part of Government Lot 2, Section 32, Township 53 
North, Range 10 West of the fourth principal meridian, lying 
southeasterly of the southeasterly right-of-way line of U.S. 
Highway 61 and northeasterly of a line described as follows:  
beginning at the Northwest Corner of said Government Lot 2, run 
southeasterly at an angle of 59 degrees with the West Line of 
said Government Lot 2 to the low water mark of Lake Superior, 
and said line there terminating, except a strip of land one 
hundred twenty-five feet in width lying northwesterly of the low 
water mark of Lake Superior. 
    (b) That part of Government Lot 1, Section 32, Township 53 
North, Range 10 West of the fourth principal meridian, lying 
southeasterly of the southeasterly right-of-way line of U.S. 
Highway 61 and southwesterly of a line described as follows:  
commencing at the intersection of the West Line of said Section 
32 with the centerline of said U.S. Highway 61, thence 
northeasterly along said centerline a distance of nine hundred 
thirty feet to the beginning of the line to be described; thence 
deflect 90 degrees 00 minutes to the right in a southeasterly 
direction to the low water mark of Lake Superior and said line 
there terminating, except a strip of land one hundred 
twenty-five feet in width lying northwesterly of the low water 
mark of Lake Superior. 
    These deletions are effective only if:  (1) the 
commissioner of natural resources determines that the deletions 
and the proposed subsequent developments are in the public 
interest and consistent with the continued operation and 
preservation of the remainder of the wayside, considering the 
environmental impacts as described by an environmental impact 
statement found to be adequate by the environmental quality 
board under section 116D.04, any proposed mitigation measures 
and the economic and engineering feasibility of the project; and 
(2) the senate agriculture and natural resources committee and 
the house environment and natural resources committee review and 
approve the commissioner's determination.  If these committees 
do not approve his determination, the commissioner shall submit 
it as a recommmendation to the 1985 legislature.  If the 
deletions become effective, notwithstanding any limitations 
contained in Minnesota Statutes, sections 92.45, 94.342, or 
94.343 restricting the sale or exchange of state park land or 
land devoted to a specific public use, or of land bordering 
public waters, the commissioner may sell, lease for a period of 
up to 40 years with the option for renewal, or exchange the 
deleted portions of Flood Bay State Wayside in the manner 
otherwise provided by law.  The commissioner shall include in 
any deed issued for the area a condition requiring that this 
area be developed and operated in a manner consistent with the 
continued operation and preservation of the remaining portions 
of Flood Bay State Wayside. 
    Sec. 4.  [85.013] [Subd. 28.] [ZIPPEL BAY STATE RECREATION 
AREA.] 
    The following area is deleted from Zippel Bay State 
Recreation Area: 
    The Northwest Quarter of the Southeast Quarter of Section 
14, Township 162 North, Range 33 west. 
    Sec. 5.  [FORESTVILLE STATE PARK ROADS.] 
    Up to $1,000 of the cost incurred in the biennium ending 
June 30, 1987, by Fillmore county in maintaining roads that 
provide access to Forestville state park shall be reimbursed 
from the state park road account created by Minnesota Statutes 
1984, section 162.06, subdivision 5. 
    Sec. 6.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved March 24, 1986