Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 150-S.F.No. 1417 
           An act relating to state lands; authorizing the sale 
          of certain state lands bordering on public waters; 
          authorizing the exchange of certain land in Benton 
          county; authorizing the sale of certain trust fund 
          land in Itasca, St. Louis, and Cook counties; 
          authorizing the sale of certain surplus land for 
          recreational purposes to the cities of Faribault, 
          Warroad, and Ortonville, and Anoka county; authorizing 
          the sale of a certain gifted city lot in the city of 
          Brainerd; authorizing the private sale of certain land 
          in Goodhue and Otter Tail counties to resolve an 
          inadvertent trespass; authorizing conveyance of 
          interest in certain land in Goodhue county to correct 
          a survey error; authorizing transfer of certain land 
          in Carlton county from the department of 
          transportation to the department of natural resources. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [BENTON COUNTY; EXCHANGE OF LAND.] 
    Notwithstanding Minnesota Statutes, sections 92.45 and 
94.342, subdivision 3, the commissioner of natural resources may 
exchange: 
    Part of Outlot "A".  Lakewood Shores, according to the plat 
and survey thereof on file and of record in the Office of the 
County Recorder located in Section 15, Township 37N, Range 31 W, 
Benton County, for land owned by John Burton, described as 
follows: 
    Part of Government Lot 1 of Section 14, Township 37 North, 
Range 31 West, Benton County, Minnesota, lying westerly of U. S. 
Trunk Highway No. 10. 
    The exchange will allow better access to state land located 
on Little Rock Lake in Benton county. 
    Sec. 2.  [ITASCA COUNTY; TRUST FUND LAND.] 
    Notwithstanding Minnesota Statutes, section 92.45, the 
commissioner of natural resources may sell in the manner 
prescribed for trust fund land, under Minnesota Statutes, 
chapter 92, the property described as:  
    The East half of the Northeast Quarter of Section 14, 
Township 150 North, Range 27 West, in Itasca county, Minnesota.  
    The land is suitable for agriculture and is not required 
for state forest purposes.  
    This land has been leased for several years to the adjacent 
property owner.  The property owner has requested to purchase 
the property to expand a farming operation.  The land is not 
needed for resource management purposes.  
    Sec. 3.  [ST. LOUIS COUNTY; TRUST FUND LAND.] 
    Notwithstanding Minnesota Statutes, section 92.45, the 
commissioner of natural resources may sell in the manner 
prescribed for trust fund land, under Minnesota Statutes, 
chapter 92, the following described property:  
    Lot 1 of Block 1 of the plat of Burntside View located in 
Government Lot 6, Section 23, Township 63 North, Range 13 West, 
St. Louis county.  
    The land and any improvements must be appraised separately. 
    If the purchaser of the property is not J. A. Louis 
LaMontague, the purchaser must reimburse Mr. LaMontague for the 
value of the improvements.  
    The land sale will resolve an inadvertent trespass that was 
discovered when a boundary line was resurveyed.  The public 
interest will be best served when this trespass is resolved.  
    Sec. 4.  [COOK COUNTY; TRUST FUND LAND.] 
    Notwithstanding Minnesota Statutes, section 92.45, the 
commissioner of natural resources may sell in the manner 
prescribed for trust fund land, under Minnesota Statutes, 
chapter 92, the following described property:  
    The East 100 feet of the North 1,715 feet of the West half 
of the Northwest Quarter of Section 15, Township 64 North, Range 
1 West, Cook county, Minnesota, containing 3.94 acres, more or 
less.  
    The land and improvements must be appraised separately.  
    If the purchaser of the property is not the Northwest 
Conference of the Evangelical Covenant Church, the purchaser 
must reimburse the Northwest Conference of the Evangelical 
Covenant Church for the value of the improvements. 
    This will resolve an inadvertent trespass that was 
discovered when a boundary line was resurveyed.  The public 
interest will be best served when this trespass is resolved. 
    Sec. 5.  [CITY OF FARIBAULT; SURPLUS LAND FOR RECREATIONAL 
PURPOSES.] 
    Notwithstanding Minnesota Statutes, section 92.45, the 
commissioner of natural resources may sell the following 
described property to the city of Faribault in the manner 
prescribed by Minnesota Statutes, section 84.027, subdivision 10.
    The commissioner of natural resources may sell: 
    All that part of the Northeast Quarter of the Northeast 
Quarter of Section 31, Township 110 North, Range 20 West, Rice 
county, Minnesota, containing 1.8 acres, more or less, described 
as follows:  all that part of the land described in that certain 
deed between Swift and Company and the state of Minnesota dated 
June 28, 1971, and filed for record in the office of the 
register of deeds in and for Rice county, Minnesota, on August 
19, 1971, in book 250 of Deeds on page 453, which lies westerly 
of the water's edge of the Straight river.  
    This land has been leased by the city for park purposes and 
the conveyance to the city will best serve the public interest.  
    Sec. 6.  [ANOKA COUNTY; SURPLUS LAND FOR RECREATIONAL 
PURPOSES.] 
    Notwithstanding Minnesota Statutes, section 92.45, the 
commissioner of natural resources may sell the following 
described property to Anoka county in the manner prescribed by 
Minnesota Statutes, section 84.027, subdivision 10.  
    The commissioner of natural resources may sell property 
described as: 
    Government Lot 1, Section 5, Township 120 North, Range 22 
West; and Government Lot 1, Section 6, Township 120 North, Range 
22 West; and Government Lot 4, Section 31, Township 121 North, 
Range 22 West, Hennepin county, according to the government 
survey thereof.  Containing 97.0 acres, more or less.  
    This land will be used for a county park and the conveyance 
to the county will best serve the public interest.  
    Sec. 7.  [CITY OF WARROAD; RECREATIONAL PURPOSES.] 
    Notwithstanding Minnesota Statutes, section 92.45, the 
commissioner of natural resources may sell the following 
described property to the city of Warroad in the manner 
prescribed by Minnesota Statutes, section 84.027, subdivision 10:
    Government Lot 6, Section 28, Township 163 North, Range 36 
West, Roseau county, Minnesota.  
    This land was acquired for a public access and is no longer 
needed for that purpose.  The conveyance to the city will best 
serve the public interest.  
    Sec. 8.  [CITY OF ORTONVILLE; RECREATIONAL PURPOSES.] 
    Notwithstanding Minnesota Statutes, section 92.45, the 
commissioner of natural resources may sell the following 
described property to the city of Ortonville in the manner 
prescribed by Minnesota Statutes, section 84.027, subdivision 10.
    The commissioner may sell property described as: 
    Commencing at the intersection of the center line of the 
Minnesota River and the center line of County State Aid Highway 
No. 30 on the Minnesota MHD Bridge No. 5411; thence 
southwesterly along the center line of County State Aid Highway 
No. 30 a distance of 550 feet, to its intersection with the 
South Dakota-Minnesota boundary line; thence southeasterly along 
the interstate boundary line a distance of 60 feet to the point 
of beginning and its intersection with the south right-of-way 
line of County State Aid Highway No. 30.  Thence northeasterly 
along the said right-of-way line a distance of 970 feet, more or 
less; thence southeasterly 350 feet along the top of the berm 
dyke; thence southwesterly 1,000 feet to the interstate 
boundary; thence northerly along said state line a distance of 
120 feet, more or less, to a state monument; thence 
northwesterly along the interstate boundary line a distance of 
315 feet, more or less, to the point of beginning, excepting 
therefrom the channel area, containing 7.2 acres, more or less, 
all lying in Section 9, Township 121 North, Range 46 West of the 
5th Principal Meridian, being parts of Government Lots 1, 3, and 
4, in said Section, Township, and Range, Lac Qui Parle and Big 
Stone counties, Minnesota.  
    This land has been used by the city for park purposes for 
some time.  The conveyance to the city will best serve the 
public interest.  
    Sec. 9.  [CITY OF BRAINERD; CITY LOT.] 
    Notwithstanding Minnesota Statutes, section 92.45, the 
commissioner of natural resources may sell in the manner 
prescribed in Minnesota Statutes, chapter 94, the following 
described land:  
    Lot 10, Block 1, Bonny Woode Addition to the city of 
Brainerd, except the south eight feet thereof, according to the 
plat thereof on file and of record in the office of the county 
recorder in and for the county of Crow Wing in Minnesota.  
    This land is a lot within the city that was obtained 
through a gift to the state.  It will best serve the public 
interest if this property is sold and the proceeds are used for 
the acquisition of other land.  
    Sec. 10.  [GOODHUE COUNTY; PRIVATE SALE.] 
    Notwithstanding Minnesota Statutes, sections 94.09 to 
94.16, the commissioner of natural resources may sell by private 
sale for a consideration of not less than the appraised value, 
excluding improvements, to Eugene Laqua, of Red Wing, Minnesota, 
a tract of land in Goodhue county and described as:  
    That part of Block 8, Wacouta Beach, according to the 
recorded plat thereof, described as follows:  
    Commencing at a found iron pipe at the southwest corner of 
Lot 7, Block 4, Wacouta Beach; thence South 00 degrees 07 
minutes 53 seconds West along the southerly projection of the 
west line of said Lot 7, a distance of 40.01 feet to the north 
line of said Block 8; thence North 88 degrees 41 minutes 10 
seconds East along said north line, a distance of 364.60 feet to 
the point of beginning of the land to be described; thence South 
83 degrees 50 minutes 01 second East, a distance of 188.87 feet; 
thence North 23 degrees 32 minutes 52 seconds East, a distance 
of 12 feet, more or less, to the north line of said Block 8; 
thence westerly along said north line to the point of beginning 
containing .04 acres, more or less.  
    This will resolve an inadvertent trespass that was 
discovered through a resurvey of a boundary line.  It will best 
serve the public interest if this land is sold to the affected 
property owner.  
    Sec. 11.  [GOODHUE COUNTY; CORRECTION OF SURVEY ERROR.] 
    Notwithstanding Minnesota Statutes, sections 94.09 to 
94.16; 92.45; or 85.012, the commissioner of natural resources 
shall convey to the adjacent landowners interests in certain 
real property described in this section.  This conveyance shall 
be made without consideration as it corrects a previous survey 
error.  
    The conveyance shall be in a form approved by the attorney 
general.  
    The interest in land to be conveyed is located in Goodhue 
county and is described as follows:  
    That part of Government Lot 3, Section 13, Township 112 
North, Range 13 West of the 5th Principal Meridian, Goodhue 
County, Minnesota, described more particularly as follows:  
    Commencing at a found Minnesota Department of 
Transportation 3-inch aluminum right-of-way marker, said marker 
is at Highway Station Number 239 + 48.1 and is at the easterly 
right of way of State Highway No. 61 at the T.S. of a spiral 
curve concave to the southwest.  Said commencing point bears N 
38 degrees 26' 20" W a chord distance of 137.60 feet from a 
found 1/2 inch iron pipe marked "RLS 12788" for the intersection 
of the east right of way line of State Hwy. No. 61, and the 
south line of Government Lot 3, also being the south line of 
Beach Bay Subdivision as recorded.  Said commencing point also 
bears S 68 degrees 06' 17" E a distance of 3253.47 feet from a 
found Minnesota Department of Natural Resources Cast Iron 
Monument for the west one-quarter corner of Section 13, Township 
112 N, Range 13 W, 5th Principal Meridian, Goodhue County, 
Minnesota, thence N 38 degrees 41' 05" W, astronomic bearing 
determined by solar observation a distance of 359.38 feet along 
the easterly right of way of State Highway No. 61 to the POINT 
OF BEGINNING of said tract; thence N 38 degrees 41' 05" W a 
distance of 16.21 feet continuing along the easterly right of 
way of State Highway No. 61, for the northwesterly corner of 
said tract; thence N 88 degrees 50' 35" E a distance of 1317.00 
feet to the westerly shore of Lake Pepin, said distance reflects 
the shoreline as observed on August 9, 1988, with a mean sea 
level elevation of Lake Pepin observed at 667.11 feet, said 
elevation being referenced to a U.S. Coast & Geodetic Survey 
Brass Disc Benchmark stamped "K249", and located approximately 
4.1 miles north of the intersection of Highways No. 61 & 63, 157 
feet northeast of the centerline of Highway No. 61; thence S 18 
degrees 14' 31" W a distance of 40.25 feet along the shoreline 
of Lake Pepin as described above; thence S 89 degrees 57' 18" W 
a distance of 1294.00 feet parallel with the south line of 
Government Lot 3, to the POINT OF BEGINNING.  Said tract 
contains 33,193 square feet or 0.762 acres, more or less, to the 
shoreline of Lake Pepin as surveyed on August 9, 1988.  
    Sec. 12.  [CARLTON COUNTY; TRANSFER FROM DEPARTMENT OF 
TRANSPORTATION TO DEPARTMENT OF NATURAL RESOURCES.] 
    Notwithstanding Minnesota Statutes, sections 94.09 to 
94.16, or other law, the commissioner of transportation on 
behalf of the state shall convey from the department of 
transportation to the department of natural resources, without 
compensation, interests in certain real property described in 
this section. 
    The conveyance shall be in a form approved by the attorney 
general. 
    The interest in land to be conveyed is located in Carlton 
county and is described as follows: 
    All right of access, being the right of ingress to and 
egress from Tract A described below, to Trunk Highway No. 311 
renumbered No. 73; 
    Tract A.  That part of the Southwest Quarter of the 
Southeast Quarter of Section 28, Township 46 North, Range 19 
West, Carlton County, Minnesota; lying southeasterly of the 
southeasterly right of way line of Trunk Highway No. 73 as now 
located and established and westerly of the right of way of 
Trunk Highway No. 35 as now located and established; 
which lies between points distant 20 feet and 80 feet 
southwesterly of the point of termination of Line 1 described 
below (both distances measured along said Line 1); 
    Line 1.  Beginning at a point on the north line of Section 
29, Township 46 North, Range 19 West, distant 1045.1 feet east 
of the north quarter corner thereof; thence run southwesterly at 
an angle of 73 degrees 02 minutes 00 seconds from said north 
section line (measured from west to south) for 699.16 feet; 
thence deflect to the left on a 4 degree 00 minute 00 second 
curve (delta angle 48 degrees 02 minutes 00 seconds) for 1200.83 
feet; thence on tangent to said curve for 2630.1 feet to tangent 
spiral point; thence deflect to the left on a spiral curve of 
decreasing radius (spiral angle 06 degrees 00 minutes 00 
seconds) for 300 feet to Spiral Curve Point; thence deflect to 
the left on a 04 degree 00 minute 00 second circular curve 
(delta angle 72 degrees 15 minutes 00 seconds) for 1806.25 feet 
to Curve Spiral Point; thence deflect to the left on a spiral 
curve of increasing radius (spiral angle 06 degrees 00 minutes 
00 seconds) for 300 feet to Spiral Tangent Point; thence on 
tangent to said curve for 1239.8 feet and there terminating. 
    Sec. 13.  [OTTER TAIL COUNTY; PRIVATE SALE TO CLEAR TITLE.] 
    Notwithstanding Minnesota Statutes, sections 94.09 to 
94.16, or other law, the commissioner of natural resources shall 
convey to the adjacent landowner interests in certain real 
property described in this section.  The conveyance shall be 
made for not less than the appraised value. 
    The conveyance shall be in a form approved by the attorney 
general. 
    The interest in land to be conveyed is located in Otter 
Tail county and is described as follows: 
    Part of the Northeast Quarter of the Northwest Quarter (NE 
1/4 of NW 1/4), of Section 17, Township 137, Range 38, in 
Ottertail County furtherly described as: 
    Beginning at a point 4 rods west of the Northeast corner of 
said Northeast Quarter of the Northwest Quarter (NE 1/4 of NW 
1/4), of Section 17, Township 137, Range 38, 256 feet west, 
thence 429 feet south, thence 256 feet east, thence 429 feet 
north to place of beginning, less road across the northeast 
corner of same. 
    This conveyance will allow the chain of title for this 
parcel to be cleared. 
    Sec. 14.  [SALE OF TAX-FORFEITED LAND; CHISAGO COUNTY.] 
    (a) Notwithstanding Minnesota Statutes, section 282.018, 
Chisago county may sell the tax-forfeited lands bordering public 
water that is described in paragraph (c), under the remaining 
provisions of Minnesota Statutes, chapter 282. 
    (b) The conveyance must be in a form approved by the 
attorney general. 
    (c) The lands that may be conveyed are located in Chisago 
county and consist of lots and blocks and other lands described 
as: 
    Lot 10 lying west of the Sunrise River in Block 7 of John S.
Brown's Addition to Sunrise City 
    Outlot B of Rignell's Rearrangement of Deer Garden 
    Lot 6, Block 1 of Rignell's Rearrangement of Deer Garden 
    Cambridge Lake Estates, Unit 1 
 Lots 10, 11, 14 to 17, 29, 30, 32 to 36, Block 1 
 Park lot located in Block 1 
    Cambridge Lake Estates, Unit 3 
 Lot 26 Block 1 
    Cambridge Lake Estates, Unit 4 
    That part of Block 11 bounded on North by continuance of 
North line of 2nd Street and bounded on South by South line of 
2nd Street if said lines were extended easterly to St. Croix 
River. 
    That part of Block 11 bounded on North by line found by 
continuing North line of South Half of Lot 4, Block 2, easterly 
in straight line to St. Croix River and bounded on South by 
continuing line between Lots 2 and 3, Block 2, easterly in 
straight line to St. Croix River. 
    That part of Block 11 bounded on North by a line found by 
continuing the line between Lots 1 and 2, Block 3, easterly in a 
straight line to St. Croix River and on South by continuing 
North line of Lot 5, Block 2, easterly in a straight line to St. 
Croix River. 
All in the city of Taylors Falls 
    Part of the Northeast Quarter of the Southeast Quarter 
described as follows: 
    Beginning at a point on the North line of the Northeast 
Quarter of the Southeast Quarter where the East line of 
right-of-way of N.P. Railroad Company intersects the same; 
thence East on North line of the Northeast Quarter of the 
Southeast Quarter to the Northeast corner thereof; thence South 
on the East line of the Northeast Quarter of the Southeast 
Quarter 496 feet, more or less, to County Ditch running in an 
easterly and westerly direction through said Northeast Quarter 
of the Southeast Quarter; thence due West to the East line of 
the right-of-way of said railroad; thence North on East line of 
right-of-way to place of beginning. 
Section 9, Township 37 North, Range 21 West. 
    (d) The county has determined that the county's land 
management interests would best be served if the lands were 
privately owned. 
    Sec. 15.  [EFFECTIVE DATE.] 
    Sections 1 to 14 are effective the day following final 
enactment. 
    Presented to the governor May 16, 1989 
    Signed by the governor May 17, 1989, 3:20 p.m.