Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 195-S.F.No. 490 
           An act relating to state lands; authorizing the sale 
          of certain tax-forfeited land that borders public 
          water in Washington county to the city of Oakdale; 
          authorizing the conveyance of an easement across 
          department of natural resources-fisheries land. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [WASHINGTON COUNTY; SALE OF TAX-FORFEITED 
LAND.] 
    (a) Notwithstanding Minnesota Statutes, sections 92.45 and 
282.018, Washington county may sell to the city of Oakdale the 
tax-forfeited land bordering public waters 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 and must require that any sales by the city of 
Oakdale of the land described in paragraph (c) be by public sale 
to the highest bidder. 
    (c) The land that may be conveyed is located in Washington 
county and consists of those lots described as follows:  Lots 2, 
3, 6, 7, 8, and 9, Block 2, Sun Meadow First Addition, 
Washington county. 
    (d) The county has determined that the county's land 
management interests would best be served if the lands were 
controlled by the city of Oakdale. 
    Sec. 2.  [EASEMENT ACROSS STATE LANDS; LOTUS LAKE FISH 
BARRIER.] 
    (a) Notwithstanding Minnesota Statutes, section 84.631, the 
commissioner of natural resources shall convey a right-of-way 
easement for ingress and egress to the fee title owner of land 
described as follows:  that part of Government Lot One (1), 
Section One (1), Township One Hundred Sixteen (116), Range 
Twenty-Three (23), Carver county, described as follows: 
    Beginning at a point on the East line of Government Lot One 
(1) distant 1775.00 feet South of the Northeast corner of the 
Southeast Quarter of said Section One (1); thence at right 
angles West 183.00 feet; thence at right angles South 150.00 
feet; thence deflecting to the left 67 degrees 43 minutes 
distant 197.76 feet to the East line of said Government Lot 1; 
thence North along said East line to the point of beginning, 
except the East 33 feet taken for State Highway No. 101, 
according to the U.S. Government Survey.  Also, that part of 
Government Lot One (1), Section One (1), Township One Hundred 
Sixteen (116), Range Twenty-three (23), described as follows:  
Commencing at a point to the East line of Government Lot One (1) 
distant 1775.00 feet South of the Northeast corner of the 
Southeast Quarter of said Section One (1); thence at right 
angles West 183.00 feet to the actual point of beginning; thence 
continuing West along the last described course 50.00 feet; 
thence at right angles South 129.51 feet; thence deflecting to 
the left 67 degrees 43 minutes distant 54.04 feet; thence 
deflecting to the left 112 degrees 17 minutes distant 150.00 
feet to the point of beginning. 
    (b) The conveyance must be in a form approved by the 
attorney general. 
    (c) The easement granted is:  A 12.00 foot easement for 
ingress and egress over and across that part of Government Lot 
One (1), Section 1, Township 116, Range 23, Carver County, 
described as follows: 
     Commencing at the southeast corner of said Section 1; 
thence on an assumed bearing of North 205.00 feet along the east 
line of said Section 1 to the point of beginning; thence 
continuing North 430.65 feet along the east line of said Section 
1 to the southeast corner of that tract of land filed for record 
on October 30, 1973, in Book 114 of Deeds, page 447; thence 
North 67 degrees 43 minutes 00 seconds West 251.80 feet along 
the south line of said tract to its southwest corner; thence 
North, 65.00 feet along the west line of said tract; thence 
North 89 degrees 17 minutes 39 seconds West; 223.37 feet; thence 
North 48 degrees 25 minutes 13 seconds West, 107.06 feet; thence 
North 75 degrees 46 minutes 32 seconds West, 117.98 feet; thence 
South 87 degrees 23 minutes 08 seconds West, 168.93 feet; thence 
South 77 degrees 22 minutes 17 seconds West, 189.00 feet, more 
or less, to the water's edge of Lotus Lake; thence southeasterly 
along the water's edge of Lotus Lake to a point which bears 
North 69 degrees 00 minutes 00 seconds West from the point of 
beginning; thence South 69 degrees 00 minutes 00 seconds East 
846.00 feet, more or less, to the point of beginning. 
     The centerline of said easement is described as follows:  
     Beginning at a point on the East line of said Government 
Lot 1, distant 1931.80 feet south from the Northeast corner of 
said Southeast Quarter; thence southwesterly 110.13 feet, along 
a curve to the left, having a radius of 300.00 feet, a central 
angle of 21 degrees 01 minutes 56 seconds, a chord distance of 
109.51 feet and chord bearing of South 66 degrees 20 minutes 51 
seconds West; thence westerly 98.77 feet, along a reverse curve 
to the right, having a radius of 71.50 feet and a central angle 
of 79 degrees 08 minutes 47 seconds; thence northerly 64.86 
feet, along a compound curve to the right, having a radius of 
100.00 feet and a central angle of 37 degrees 09 minutes 40 
seconds to the northerly line of said property and there said 
line terminates. 
    For the purpose of this description, the side lines of said 
easement are to terminate at the north line of the above 
described property. 
    (d) The consideration received by the state for its 
conveyance of the easement shall be the value of the easement as 
established by the state's appraisal, less the appraised value 
of the easement the state is acquiring from the fee title owner 
of the land described in paragraph (a).  The commissioner shall 
appraise and review both easements.  Appraisal costs associated 
with the easement the state is granting shall be the state's 
responsibility.  All other actual appraisal costs incurred by 
the commissioner shall be the fee title owner's responsibility. 
    (e) Conveyance of the easement shall take place only after 
the fee title owner of the land described in paragraph (a), has 
donated to the state of Minnesota a right-of-way easement for 
ingress and egress in connection with the operation, maintenance 
and repair of the Lotus Lake Fish Barrier which is located in 
the lands described in paragraph (c), approximately 60 feet 
westerly of the east line of the above described property in the 
outlet stream from Lotus Lake.  Said easement shall be:  A 12.00 
foot easement for ingress and egress over and across that part 
of Government Lot 1, Section 1, Township 116, Range 23, Carver 
county, Minnesota, described as follows: 
    Beginning at a point on the East line of said Government 
Lot 1, distant 1775.00 feet south from the Northeast corner of 
the Southeast Quarter of said Section 1; thence at right angles 
west, a distance of 233.00 feet; thence at right angles south, a 
distance of 129.51 feet; thence deflecting to the left 67 
degrees 43 minutes, a distance of 251.80 feet to the East line 
of said Government Lot 1; thence north along said East line to 
the point of beginning, except the East 33.00 feet taken for 
State Highway No. 101.  The centerline of said easement is 
described as follows: 
    Beginning at a point on the East line of said Government 
Lot 1, distant 1931.80 feet south from the Northeast corner of 
said Southeast Quarter; thence southwesterly 110.13, along a 
curve to the left, having a radius of 300.00 feet, a Central 
angle of 21 degrees 01 minutes 56 seconds, a chord distance of 
109.51 feet and a chord bearing of South 66 degrees 20 minutes 
51 seconds West and there said centerline terminates.  For the 
purpose of this description, the side lines of said easement are 
to terminate at the South and East lines of the above described 
property. 
    (f) Both easements conveyed shall be perpetual and be 
drafted in a form approved by the attorney general.  Any changes 
to the easement must be mutually agreed upon by all parties and 
approved as to form and execution by the attorney general.  
    Sec. 3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective the day following final 
enactment. 
    Presented to the governor May 12, 1993 
    Signed by the governor May 14, 1993, 10:06 p.m.