Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 185-H.F.No. 425 
 [At the time of publication, the question of whether this 
chapter is law was under consideration by Minnesota courts.] 
           An act relating to state lands; requiring the sale of 
          two tracts of state-owned land in St. Louis county; 
          authorizing the conveyance of state land to the city 
          of Anoka; authorizing the sale of certain 
          tax-forfeited lands that border public water in Cass 
          county; authorizing the conveyance of and easement 
          across certain Southwest State University land; 
          authorizing a land exchange between the city of St. 
          Cloud and the state university board; authorizing the 
          sale of certain land in Fairbault county.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [SALE OF STATE LANDS IN ST. LOUIS COUNTY.] 
    The commissioner of natural resources shall sell two tracts 
of state-owned land, described in leases #144-43-1501 and 
#144-43-1502, situated in the Northeast Quarter of the Northeast 
Quarter of Section 2, Township 57 North, Range 18 West, St. 
Louis county, and leased under Minnesota Statutes, section 
92.50.  The lands must be sold before December 31, 1991.  The 
sales are governed by Minnesota Statutes, section 92.67, to the 
extent consistent with this section. 
    Sec. 2.  [CONVEYANCE OF LAND TO CITY OF ANOKA.] 
    (a) Notwithstanding Minnesota Statutes, sections 92.45, 
94.09, 94.10, and 103F.335, subdivision 3, after the 
commissioner of human services has certified under section 
94.09, subdivision 2, that the land bordering public waters 
described in paragraph (d) is no longer needed, the commissioner 
of administration may convey the land to the city of Anoka for a 
public works facility. 
    (b) The conveyance must be in a form approved by the 
attorney general and must provide that the land, and any 
buildings and other improvements on the land, revert to the 
state if the property ceases to be used by the city of Anoka for 
a public works facility. 
    (c) As consideration for the conveyance, the city of Anoka 
shall: 
    (1) agree to provide snow removal services for the 
Anoka-metro regional treatment center under a contract with the 
commissioner of administration, the terms of which must be 
negotiated by the commissioner and the city; and 
    (2) convey to the commissioner of natural resources a 
scenic easement, as defined in Minnesota Statutes, section 
103F.311, subdivision 6, on that portion of the conveyed land 
that has been designated for inclusion in the wild and scenic 
rivers system under Minnesota Statutes, section 103F.325. 
    The scenic easement must allow construction of a stormwater 
retention pond within the area covered by the easement in 
accordance with construction plans approved by the commissioner 
of natural resources. 
    (d) The land that may be conveyed is a parcel of 
approximately six acres located on the campus of the Anoka-metro 
regional treatment center in Anoka county and is described as:  
    That part of Government Lots 1 and 2, Section 6, Township 
31, Range 24, Anoka County, Minnesota, lying northerly of the 
northerly right-of-way line of Burlington Northern Railroad 
Company, southerly of the westerly extension of the south line 
of Block 6, Woodbury's Addition to Anoka, and westerly of the 
west line of Fourth Avenue. 
     Sec. 3.  [SALE OF TAX-FORFEITED LANDS; CASS COUNTY.] 
    (a) Notwithstanding Minnesota Statutes, section 282.018, 
subdivision 1, Cass county may sell tax-forfeited lands that 
border public water and, as of February 1, 1990, that were under 
lease agreements with the county pursuant to Minnesota Statutes, 
section 282.04, subdivision 1a.  The lands must be conveyed 
under the remaining provisions of Minnesota Statutes, chapter 
282. 
    (b) The conveyances must be in a form approved by the 
attorney general. 
    (c) The lands are located in Cass county and consist of: 
    (1) four lots bordering Stevens Lake in Government Lots 3 
and 4, Section 22, Township 140, Range 27; 
    (2) nine lots bordering Long Lake in the Northwest Quarter 
of the Southwest Quarter and the Southwest Quarter of the 
Southwest Quarter, Section 15, Township 134, Range 30; and 
    (3) 17 lots bordering Lake Louise in the Northwest Quarter 
of the Northwest Quarter of Section 29, Township 139, Range 28 
and the Northeast Quarter of the Northeast Quarter of Section 
30, Township 139, Range 28. 
    (d) The improvements on the lands that are owned by the 
lessee must be appraised separately from the lands.  If a person 
other than the lessee purchases the lands, the purchaser must 
make payment in full to the lessee for the appraised value of 
any improvements.  Failure of a successful bidder to comply with 
this provision voids the sale and the property may be reoffered 
for sale. 
    (e) For the purpose of local zoning ordinances, lands sold 
under this section must be treated as if purchased at the time 
the county first leased the lands under Minnesota Statutes, 
section 282.04, subdivision 1a. 
    (f) The county has determined that the county's land 
management interests would best be served if the lands were 
returned to private ownership. 
     Sec. 4.  [CONVEYANCE OF STATE LANDS; SOUTHWEST STATE 
UNIVERSITY.] 
    (a) Notwithstanding Minnesota Statutes, chapter 94, the 
commissioner of administration may convey the land described in 
paragraph (c) to John McLaughlin of Marshall, Minnesota, for a 
consideration of not less than the appraised value.  Mr. 
McLaughlin shall pay the cost of appraisal. 
    (b) The conveyance must be in a form approved by the 
attorney general. 
    (c) The land to be conveyed is located in the city of 
Marshall, Lyon county, and described as:  That portion of the 
Northwest Quarter of Section 3, Township 111 North, Range 41 
West, described as follows: 
    Beginning at the southeasterly corner of Lot 1, Block 1, 
College Foundation Addition, city of Marshall, Minnesota, and 
running thence northerly along the easterly line of said Lot 1 a 
distance of 276.26 feet; thence easterly a distance of 51.27 
feet; thence southerly and parallel with the easterly line of 
said Lot 1 a distance of 276.26 feet; thence westerly 51.27 feet 
to the true point of beginning. 
    (d) Mr. McLaughlin sold the land in 1964 and now wishes to 
repurchase it for use in connection with development of student 
housing.  The land is no longer needed by Southwest State 
University. 
    Sec. 5.  [EASEMENT ACROSS STATE LANDS; SOUTHWEST STATE 
UNIVERSITY.] 
    (a) Notwithstanding any other law, the commissioner of 
administration may convey to John McLaughlin of Marshall, 
Minnesota, an easement as described in paragraph (c) for no 
consideration. 
    (b) The conveyance must be in a form approved by the 
attorney general. 
    (c) The easement to be granted is on that portion of the 
Northwest Quarter of Section 3, Township 111 North, Range 41 
West, described as follows: 
    Beginning at the intersection of State Street and the 
northerly line of McLaughlin Drive, College Foundation Addition, 
city of Marshall, Minnesota, and running thence westerly as an 
extension of the northerly line of said McLaughlin Drive a 
distance of 70 feet to the westerly line of State Street, the 
true point of beginning; thence southerly along the westerly 
line of State Street a distance of 50 feet; thence, westerly a 
distance of 25 feet; thence northerly and parallel with the 
westerly line of State Street a distance of 50 feet; thence 
easterly a distance of 25 feet to the true point of beginning. 
    (d) The easement is necessary to provide access to the 
property described in section 4. 
    Sec. 6.  [LAND EXCHANGE.] 
    Notwithstanding Minnesota Statutes, chapter 94, the state 
university board may enter into an agreement with the city of St.
Cloud to exchange parcels of land.  The conveyances must be made 
for no monetary consideration and by quitclaim deed in a form 
approved by the attorney general.  Before the conveyances, the 
state university board and the city of St. Cloud shall enter an 
agreement on temporary easements on the parcels of land to be 
exchanged. 
    Sec. 7.  [SALE OF CERTAIN LAND IN FARIBAULT COUNTY.] 
    Notwithstanding Minnesota Statutes, sections 94.09 and 
94.10, the commissioner of natural resources may sell certain 
land to Eugene L. and Marilyn E. Stallkamp of Bricelyn, 
Minnesota, in accordance with this section before December 31, 
1991. 
    The land described in this section may be sold by private 
sale for a consideration not less than its appraised value plus 
the cost of an appraisal.  The conveyance must be in a form 
approved by the attorney general. 
    The land that may be sold is a tract of state land of about 
2.8 acres located in Faribault county described as:  That part 
of the Northeast Quarter of the Southwest Quarter (NE 1/4 SW 
1/4) of Section 30, Township 102, North, Range 24 West, 
described as follows:  from a point on the East and West Quarter 
lines of said Section 30, distant 863.9 feet West of the Center 
of said Section 30, run Southerly at right angles to said 
Quarter line for a distance of 1003.00 feet to the point of 
beginning of tract to be described:  thence deflect to the left 
at an angle of 90 degrees for a distance of 440 feet:  thence 
deflect to the right at an angle of 90 degrees for a distance of 
230 feet:  thence deflect to the right at an angle of 90 degrees 
for a distance of 620 feet:  thence run Northeasterly to the 
point of beginning:  containing 2.80 acres, more or less. 
    The tract of land, formerly owned by the department of 
transportation and used as a gravel pit, was conveyed to the 
department of natural resources in 1972 when no longer needed 
and is completely surrounded by land owned by the Stallkamps.  
The land is no longer used for any purpose and is surplus land 
for the department. 
    Sec. 8.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Presented to the governor May 21, 1991 
    Filed with the secretary of state June 10, 1991