Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 302-S.F.No. 2384 
                  An act relating to Chisago county; permitting the 
                  appointment of the county recorder and the granting of 
                  certain easements to Rush City. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [RECORDER MAY BE APPOINTED.] 
           Notwithstanding Minnesota Statutes, section 382.01, upon 
        adoption of a resolution by the Chisago county board of 
        commissioners, the office of county recorder in the county is 
        not elective but must be filled by appointment by the county 
        board as provided in the resolution.  Before the county board 
        may adopt a resolution under this section, the board must hold a 
        public hearing on the proposal to appoint the county recorder. 
           Sec. 2.  [BOARD CONTROLS, MAY CHANGE AS LONG AS DUTIES 
        DONE.] 
           Upon adoption of a resolution by the Chisago county board 
        of commissioners and subject to sections 3 and 4, the duties of 
        the elected official required by statute whose office is made 
        appointive as authorized by this act must be discharged by the 
        board of commissioners of Chisago county acting through a 
        department head appointed by the board for that purpose.  A 
        reorganization, reallocation, or delegation or other 
        administrative change or transfer does not diminish, prohibit, 
        or avoid the discharge of duties required by statute. 
           Sec. 3.  [INCUMBENT TO COMPLETE TERM.] 
           A person elected at the November 1994 general election to 
        the position of county recorder shall serve in that capacity and 
        perform the duties, functions, and responsibilities required by 
        statute, until the completion of the term of office to which 
        that person was elected, or until a vacancy occurs in the 
        office, whichever occurs earlier. 
           Sec. 4.  [PUBLISHING RESOLUTION, PETITION, REFERENDUM.] 
           The county board, before acting as permitted by section 2 
        and before making an appointment as permitted by section 1 or 2, 
        but after adopting a resolution permitted by section 1 or 2, 
        must publish the resolution once each week for two consecutive 
        weeks in the official publication of the county.  The resolution 
        may be implemented without the submission of the question to the 
        voters of the county, unless within 21 days after the second 
        publication of the resolution, a petition requesting a 
        referendum, signed by a number of voters equal to at least ten 
        percent of those who voted in the county at the last general 
        election, is filed with the county auditor.  If a petition is 
        filed, the resolution may be implemented unless disapproved by a 
        majority of the voters of the county voting on the question at a 
        regular or special election. 
           Sec. 5.  [EASEMENTS TO RUSH CITY.] 
           (a) Notwithstanding Minnesota Statutes, section 16B.26, or 
        any other law to the contrary, the commissioner of 
        administration may grant to the city of Rush City an easement 
        for airport building restriction and glide slope purposes over, 
        under and across that part of the Southeast Quarter of the 
        Southwest Quarter, the Southwest Quarter of the Southeast 
        Quarter, and the Southeast Quarter of the Southeast Quarter of 
        Section 10, Township 37 North, Range 21 West located in Chisago 
        county, Minnesota, which lies within the following legally 
        described area: 
           Beginning at the southwest corner of the South Half of the 
           Southeast Quarter of Section 10, Township 37 North, Range 
           21 West; thence on an assumed bearing of South 87 degrees 
           36 minutes 18 seconds East along the south line of said 
           South Half of the Southeast Quarter a distance of 249.38 
           feet; thence North 71 degrees 58 minutes 12 seconds East a 
           distance of 2522.23 feet to the east line of said South 
           Half of the Southeast Quarter; thence North 0 degrees 02 
           minutes 58 seconds West along said east line of the South 
           Half of the Southeast Quarter a distance of 107.97 feet; 
           thence South 71 degrees 58 minutes 12 seconds West a 
           distance of 2837.39 feet to the south line of the Southeast 
           Quarter of the Southwest Quarter of said Section 10; thence 
           on a bearing of East a distance of 50.62 feet along the 
           south line of said Southeast Quarter of the Southwest 
           Quarter to the point of beginning. 
        Containing 274,945 square feet (6.312 acres) more or less. 
           (b) Notwithstanding Minnesota Statutes, section 16B.26, or 
        any other law to the contrary, the commissioner of 
        administration may grant to the city of Rush City an easement 
        for drainage, utility, and elevated storage tank purposes over, 
        under and across that part of the Southwest Quarter of the 
        Southeast Quarter of Section 10, Township 37 North, Range 21 
        West, located in Chisago county, Minnesota, which lies within 
        the following legally described area: 
           Commencing at the southwest corner of the Southwest Quarter 
           of the Southeast Quarter of Section 10, Township 37 North, 
           Range 21 West; thence on an assumed bearing of South 87 
           degrees 36 minutes 18 seconds East along the south line of 
           said Southwest Quarter of the Southeast Quarter of Section 
           10, a distance of 747.64 feet; thence North 0 degrees 02 
           minutes 58 seconds West a distance of 1058.78 feet to the 
           point of beginning; thence South 89 degrees 57 minutes 02 
           seconds West a distance of 55 feet; thence North 0 degrees 
           02 minutes 58 seconds West a distance of 90.00 feet; thence 
           North 89 degrees 57 minutes 02 seconds East a distance of 
           110.00 feet; thence South 0 degrees 02 minutes 58 seconds 
           East a distance of 90.00 feet; thence South 89 degrees 57 
           minutes 02 seconds West a distance of 55.00 feet to the 
           point of beginning. 
        Containing 9,900 square feet (0.227 acres) more or less. 
           (c) Notwithstanding Minnesota Statutes, section 16B.26, or 
        any other law to the contrary, the commissioner of 
        administration may grant to the city of Rush City an easement 
        for drainage and utility purposes over, under and across that 
        part of the Southeast Quarter of the Southwest Quarter, and the 
        Southwest Quarter of the Southeast Quarter of Section 10, 
        Township 37 North, Range 21 West located in Chisago county, 
        Minnesota, which lies within the following legally described 
        area: 
           The East 70.00 feet of the South 100.00 feet of the 
           Southeast Quarter of the Southwest Quarter of Section 10, 
           Township 37 North, Range 21 West, and the West 45.00 feet 
           of the South 100.00 feet of the Southwest Quarter of the 
           Southeast Quarter of Section 10, Township 37 North, Range 
           21 West. 
        Containing 11,500 square feet (0.264 acres) more or less. 
           Sec. 6.  [EFFECTIVE DATE.] 
           Sections 1 to 4 take effect the day after the filing of a 
        certificate of local approval by the Chisago county board in 
        compliance with Minnesota Statutes, section 645.021, subdivision 
        3.  Section 5 is effective the day following final enactment. 
           Presented to the governor March 17, 1998 
           Signed by the governor March 18, 1998, 4:24 p.m.