Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 366-S.F.No. 2727
An act relating to public lands; modifying land
acquisition procedures; modifying and creating certain
state trails; modifying provisions for certain lands
withdrawn from sale; modifying certain local planning
regulations; adding to and deleting from certain state
parks, state forests, and state recreation areas;
authorizing public and private sales, conveyances, and
exchanges of certain state land; modifying certain
grant requirements for flood hazard mitigation;
requiring maintenance of a certain public access in
Chippewa county; requiring a rule amendment;
appropriating money; amending Minnesota Statutes 2000,
sections 84.0272; 85.015, subdivision 2, by adding a
subdivision; 282.018, subdivision 1; 394.36, by adding
a subdivision; 462.357, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 84.0272, is
amended to read:
84.0272 [PROCEDURE IN ACQUIRING LANDS.]
Subdivision 1. [ACQUISITION PROCEDURE.] When the
commissioner of natural resources is authorized to acquire lands
or interests in lands the procedure set forth in this section
shall apply. The commissioner of natural resources shall first
prepare a fact sheet showing the lands to be acquired, the legal
authority for their acquisition, and the qualities of the land
that make it a desirable acquisition. The commissioner of
natural resources shall cause the lands to be appraised. An
appraiser shall before entering upon the duties of office take
and subscribe an oath to faithfully and impartially discharge
the duties as appraiser according to the best of the appraiser's
ability and that the appraiser is not interested directly or
indirectly in any of the lands to be appraised or the timber or
improvements thereon or in the sale thereof and has entered into
no agreement or combination to purchase the same or any part
thereof, which oath shall be attached to the report of the
appraisal. The commissioner of natural resources may pay less
than the appraised value, but shall not agree to pay more than
ten percent above the appraised value, except that if the
commissioner pays less than the appraised value for a parcel of
land, the difference between the purchase price and the
appraised value may be used to apply to purchases at more than
the appraised value. The sum of accumulated differences between
appraised amounts and purchases for more than the appraised
amount may not exceed the sum of accumulated differences between
appraised amounts and purchases for less than the appraised
amount. New appraisals may be made at the discretion of the
commissioner of natural resources.
Subd. 2. [STREAM EASEMENTS.] (a) Notwithstanding
subdivision 1, the commissioner may acquire permanent stream
easements for angler access, fish management, and habitat work
for a onetime payment based on a value attributed to both the
stream and the easement corridor. The payment shall equal:
(1) the per linear foot of stream within the easement
corridor times $5; plus
(2) the easement corridor acres times the estimated market
value.
(b) The estimated market value is equal to:
(1) the total farm market value plus the timberlands value;
divided by
(2) the acres of deeded farmland plus the acres of timber.
(c) The total farm market value, timberlands value, acres
of deeded farmland, and acres of timber are determined from data
collected by the department of revenue during its annual spring
mini abstract survey. The commissioner must use the most recent
available data for the city or township within which the
easement corridor is located.
(d) The commissioner shall periodically review the easement
payment rates under this subdivision to determine whether the
stream easement payments reflect current shoreland market
values. If the commissioner determines that the easements do
not reflect current shoreland market values, the commissioner
shall report to the senate and house of representatives natural
resources policy committees with recommendations for changes to
this subdivision that are necessary for the stream easement
payment rates to reflect current shoreland market values. The
recommendations may include an adjustment to the dollar amount
in paragraph (a), clause (1).
Sec. 2. Minnesota Statutes 2000, section 85.015,
subdivision 2, is amended to read:
Subd. 2. [CASEY JONES TRAIL, MURRAY, REDWOOD, AND
PIPESTONE COUNTIES.] (a) The trail shall originate in Lake
Shetek state park, in Murray county, and include the six-mile
loop between Currie in Murray county and Lake Shetek state
park. From there, the first half of the trail shall trail
southwesterly to Slayton, Minnesota in Murray county; thence
westerly to the point of intersection with the most easterly
terminus of the state-owned abandoned railroad right-of-way,
commonly known as the Casey Jones unit; thence westerly along
said Casey Jones unit to Pipestone, Minnesota, in Pipestone
county; thence southwesterly to Split Rock Creek state park in
Pipestone county, and there terminate. The second half of the
trail shall commence in Lake Shetek state park in Murray county
and trail northeasterly to Walnut Grove in Redwood county and
there terminate.
(b) The trail shall be developed primarily for riding and
hiking as a multiuse, multiseasonal, dual treadway trail.
Nothing herein shall abrogate the purpose for which the Casey
Jones unit was originally established, and the use thereof shall
be concurrent.
Sec. 3. Minnesota Statutes 2000, section 85.015, is
amended by adding a subdivision to read:
Subd. 24. [CUYUNA LAKES TRAIL, CROW WING AND AITKIN
COUNTIES.] (a) The trail alignments shall originate in Crow Wing
county at the Paul Bunyan trail in the city of Baxter and shall
extend in an east-northeasterly direction to the city of
Riverton, Crow Wing county, where they shall connect to the
Sagamore Mine segment of the Cuyuna Country state recreation
area. The trail alignments shall then continue in a
northeasterly direction, generally along and using former
railroad rights-of-way insofar as practical, to connect with the
main body of the Cuyuna Country state recreation area, the
communities of Ironton and Crosby in Crow Wing county, and the
Croft Mine historical park. The trail alignments shall then
continue in an east-northeasterly direction, generally along and
using former railroad rights-of-way insofar as practical, to the
city of Cuyuna in Crow Wing county, and then continue east to
the city of Aitkin, Aitkin county, and there terminate.
(b) The trail shall be developed as a multiuse,
multiseasonal, dual treadway trail.
Sec. 4. Minnesota Statutes 2000, section 282.018,
subdivision 1, is amended to read:
Subdivision 1. [LAND ON OR ADJACENT TO PUBLIC WATERS.] (a)
All land which is the property of the state as a result of
forfeiture to the state for nonpayment of taxes, regardless of
whether the land is held in trust for taxing districts, and
which borders on or is adjacent to meandered lakes and other
public waters and watercourses, and the live timber growing or
being thereon, is hereby withdrawn from sale except as
hereinafter provided. The authority having jurisdiction over
the timber on any such lands may sell the timber as otherwise
provided by law for cutting and removal under such conditions as
the authority may prescribe in accordance with approved,
sustained yield forestry practices. The authority having
jurisdiction over the timber shall reserve such timber and
impose such conditions as the authority deems necessary for the
protection of watersheds, wildlife habitat, shorelines, and
scenic features. Within the area in Cook, Lake, and St. Louis
counties described in the Act of Congress approved July 10, 1930
(46 Stat. 1020), the timber on tax-forfeited lands shall be
subject to like restrictions as are now imposed by that act on
federal lands.
(b) Of all tax-forfeited land bordering on or adjacent to
meandered lakes and other public waters and watercourses and so
withdrawn from sale, a strip two rods in width, the ordinary
high-water mark being the waterside boundary thereof, and the
land side boundary thereof being a line drawn parallel to the
ordinary high-water mark and two rods distant landward
therefrom, hereby is reserved for public travel thereon, and
whatever the conformation of the shore line or conditions
require, the authority having jurisdiction over such lands shall
reserve a wider strip for such purposes.
(c) Any tract or parcel of land which has 50 150 feet or
less of waterfront may be sold by the authority having
jurisdiction over the land, in the manner otherwise provided by
law for the sale of such lands, if the authority determines that
it is in the public interest to do so. If the authority having
jurisdiction over the land is not the commissioner of natural
resources, the land may not be offered for sale without the
prior approval of the commissioner of natural resources.
(d) Where the authority having jurisdiction over lands
withdrawn from sale under this section is not the commissioner
of natural resources, the authority may submit proposals for
disposition of the lands to the commissioner. The commissioner
of natural resources shall evaluate the lands and their public
benefits and make recommendations on the proposed dispositions
to the committees of the legislature with jurisdiction over
natural resources. The commissioner shall include any
recommendations of the commissioner for disposition of lands
withdrawn from sale under this section over which the
commissioner has jurisdiction. The commissioner's
recommendations may include a public sale, sale to a private
party, acquisition by the department of natural resources for
public purposes, or a cooperative management agreement with, or
transfer to, another unit of government.
Sec. 5. Minnesota Statutes 2000, section 394.36, is
amended by adding a subdivision to read:
Subd. 1a. [SUBSTANDARD STRUCTURES.] Notwithstanding
subdivision 1, Minnesota Rules, parts 6105.0351 to 6105.0550,
may allow for the continuation and improvement of substandard
structures, as defined in Minnesota Rules, part 6105.0354,
subpart 30, in the Lower Saint Croix National Scenic Riverway.
Sec. 6. Minnesota Statutes 2000, section 462.357, is
amended by adding a subdivision to read:
Subd. 1f. [SUBSTANDARD STRUCTURES.] Notwithstanding
subdivision 1e, Minnesota Rules, parts 6105.0351 to 6105.0550,
may allow for the continuation and improvement of substandard
structures, as defined in Minnesota Rules, part 6105.0354,
subpart 30, in the Lower Saint Croix National Scenic Riverway.
Sec. 7. [ADDITIONS TO STATE PARKS.]
Subdivision 1. [85.012] [Subd. 14.] [CROW WING STATE PARK,
CROW WING, CASS, AND MORRISON COUNTIES.] The following areas are
added to Crow Wing state park, Crow Wing county:
(1) all of Government Lots 1 and 2 of Section 7; all of
Government Lots 1, 2, and 4, the Southwest Quarter of the
Southwest Quarter, and the Southwest Quarter of the Southeast
Quarter of Section 8; that part of Government Lot 4 lying west
of Highway 371 and that part of the West Half of the Southwest
Quarter lying west of Highway 371 of Section 9; and all of
Government Lots 2 and 3 of Section 18; all in Township 44 North,
Range 31 West;
(2) that part of the Southeast Quarter of the Southeast
Quarter, the Northeast Quarter of the Southeast Quarter, and
Government Lot 1, lying south, west, and north of the following
described line: Beginning at the southeast corner of said
Section 13; thence North, assumed bearing, 66.00 feet along the
east line of said Section 13 to Point "A"; thence North 89
degrees 01 minutes 00 seconds West 367.23 feet; thence
northwesterly 1335.72 feet along a non-tangential curve concave
to the northeast, radius 4837.27 feet, central angle 15 degrees
49 minutes 16 seconds, the chord of which bears North 41 degrees
45 minutes 20 seconds West; thence North, not tangent to the
last described curve, 817.82 feet; thence northeasterly 650.80
feet along a non-tangential curve concave to the southeast,
radius 1230.00 feet, central angle 30 degrees 18 minutes 56
seconds the chord of which bears North 36 degrees 50 minutes 32
seconds East to Point "B"; thence East 868.26 feet, more or
less, to the east line of said Northeast Quarter of the
Southeast Quarter and there terminating of Section 13; and the
East Half of the Northeast Quarter and the East Half of the
Southeast Quarter of Section 24; all in Township 44 North, Range
32 West; and
(3) Government Lot 3 of Section 27, Township 133 North,
Range 29 West.
Subd. 2. [85.012] [Subd. 27.] [MYRE-BIG ISLAND STATE PARK,
FREEBORN COUNTY.] The following areas are added to Myre-Big
Island state park, all in Township 102 North, Range 21 West,
Freeborn county:
(1) the Southeast Quarter of the Southwest Quarter, Section
11, less therefrom land deeded to the State of Minnesota by deed
dated December 19, 1968, and filed January 20, 1969, in the
Office of the Recorder in and for Freeborn County, Minnesota, in
Book 195 of Deeds, page 332; and
(2) the Northeast Quarter of the Northwest Quarter, Section
14, less therefrom land deeded to the State of Minnesota by deed
dated December 19, 1968, and filed January 20, 1969, in the
Office of the Recorder in and for Freeborn County, Minnesota, in
Book 195 of Deeds, page 332.
Sec. 8. [DELETIONS FROM BIG STONE LAKE STATE PARK.]
[85.012] [Subd. 6.] [BIG STONE LAKE STATE PARK, BIG STONE
COUNTY.] The following areas are deleted from Big Stone Lake
state park, Big Stone county:
All those parts of Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, and 19 of the plat SECOND ADDITION TO
SUNSET VIEW, according to the plat on file and of record in the
office of the recorder of Big Stone county, Minnesota, being in
Government Lot 1, Section 13, Township 122 North, Range 47 West;
and that part of Government Lot 1, Section 13, Township 122
North, Range 47 West, Big Stone county, Minnesota, being a strip
of land 80 feet in width lying northerly of the plat SECOND
ADDITION TO SUNSET VIEW, according to the plat on file and of
record in the office of the recorder for Big Stone county,
Minnesota, the southerly line of said strip is coincident with
the northerly lines of Lots 3 through 19, inclusive, of said
plat, the westerly boundary of said strip being the northerly
extension of the west line of Lot 19 of said plat.
Sec. 9. [ADDITIONS TO STATE FORESTS.]
Subdivision 1. [89.021] [Subd. 33.] [RICHARD J. DORER
MEMORIAL HARDWOOD STATE FOREST.] The following areas are added
to Richard J. Dorer Memorial Hardwood state forest: Sections
28, 29, 32, and 33, Township 103 North, Range 10 West.
Subd. 2. [89.021] [Subd. 39.] [PILLSBURY STATE
FOREST.] The following areas are added to Pillsbury state forest:
(1) Sections 1 to 36, inclusive, of Township 134 North,
Range 30 West;
(2) Section 36, Township 135 North, Range 30 West; and
(3) the East half, the North Half of the Northwest Quarter,
and the Southeast Quarter of the Northwest Quarter of Section 3
and the North Half of the Northeast Quarter of Section 10, all
in Township 133 North, Range 30 West.
Sec. 10. [ADDITIONS TO STATE RECREATION AREAS.]
Subdivision 1. [85.013] [Subd. 2c.] [BIG BOG STATE
RECREATION AREA, BELTRAMI COUNTY.] The following areas are added
to Big Bog state recreation area, all in Township 156 North,
Range 31 West, Beltrami county:
(1) the Southeast Quarter of Section 35; and
(2) the Northwest Quarter of the Southwest Quarter and the
Northeast Quarter of the Southeast Quarter of Section 36.
Subd. 2. [85.013] [Subd. 5c.] [CUYUNA COUNTRY STATE
RECREATION AREA, CROW WING COUNTY.] The following areas are
added to Cuyuna Country state recreation area, Crow Wing county,
all in Township 46 North, Range 29 West:
That part of the Northwest Quarter lying East of the
westerly right-of-way line of the Soo Line Railroad of Section
1; the North Half of the Southwest Quarter of the Southwest
Quarter and the Southeast Quarter of the Southwest Quarter of
Section 2; and the North Half of the Northeast Quarter of the
Northwest Quarter of Section 11.
Sec. 11. [DELETIONS FROM CUYUNA COUNTRY STATE RECREATION
AREA.]
[85.013] [Subd. 5c.] [CUYUNA COUNTRY STATE RECREATION AREA,
CROW WING COUNTY.] The following area is deleted from Cuyuna
Country state recreation area, Crow Wing county: Government
Lots 1 and 5 of Section 4, Township 46 North, Range 29 West.
Sec. 12. [PRIVATE SALE OF SURPLUS STATE LAND; BIG STONE
COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 94.09 and
94.10, the commissioner of natural resources may sell by private
sale to the township of Prior the surplus land that is described
in paragraph (c).
(b) The conveyance must be in a form approved by the
attorney general and may be for consideration less than the
appraised value of the land. The conveyance shall include a
restriction on the use of the land to allow only utility use and
prohibit all other permanent structures.
(c) The land to be sold is located in Big Stone county and
is described as: That part of Government Lot 1, Section 13,
Township 122 North, Range 47 West, Big Stone county, Minnesota,
being a strip of land 80 feet in width lying northerly of the
plat SECOND ADDITION TO SUNSET VIEW, according to the plat on
file and of record in the office of the recorder for Big Stone
county, Minnesota, the southerly line of said strip is
coincident with the northerly lines of Lots 3 through 19,
inclusive, of said plat, the westerly boundary of said strip
being the northerly extension of the west line of Lot 19 of said
plat. EXCEPTING therefrom the south 30 feet thereof.
(d) The commissioner has determined that the land is no
longer needed for any natural resource purpose and that the
state's land management interests would best be served if the
land was sold to the township of Prior to allow for upgrading
the septic systems and other utilities in the area.
Sec. 13. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING
PUBLIC WATER; DOUGLAS COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, Douglas county may sell the
tax-forfeited land 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 land to be sold is located in Douglas county and is
described as:
Lot 4, Block 1, Cedar Hills 1st Addition, Section 8,
Township 130, Range 37.
(d) The county has determined that the county's land
management interests would best be served if the lands were
returned to private ownership.
Sec. 14. [PUBLIC SALE OF TRUST FUND LAND BORDERING PUBLIC
WATER; ITASCA COUNTY.]
(a) Notwithstanding Minnesota Statutes, section 92.45, the
commissioner of natural resources may sell by public sale the
school trust fund land bordering public water that is described
in paragraph (c), under the remaining provisions in Minnesota
Statutes, chapter 92.
(b) The conveyance shall be in a form approved by the
attorney general for consideration no less than the appraised
value of the land. The attorney general may make necessary
changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be sold is located in Itasca county
and is described as follows: Lot 6, Block 1 of Little Island
Lake Leased homesites, located in Government Lot 9, Section 16,
Township 58 North, Range 25 West.
(d) The commissioner has determined that the land is no
longer needed for any natural resource purpose and that the
state's land management interests would best be served if the
land was sold.
Sec. 15. [PRIVATE OR PUBLIC SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; KANDIYOHI COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45,
94.09, and 94.10, the commissioner of natural resources may sell
the surplus land and buildings bordering on public waters that
are described in paragraph (c) to the city of New London; or
notwithstanding Minnesota Statutes, sections 92.45, 94.09, and
94.10, the commissioner of natural resources may sell by public
sale the surplus land and buildings bordering on public waters
that are described in paragraph (c).
(b) The sale must be in a form approved by the attorney
general for consideration no less than the appraised value of
the land and buildings. The sale shall reserve to the state an
easement along the Crow river to ensure public access and access
for dam management and maintenance at the outlet of the mill
pond known as Mud lake.
(c) The land to be sold is located in Kandiyohi county and
is described as:
All of Lots 9, 10, 11, 12, and 13 and that part of Lot 14
otherwise described as the Mill Lot lying north and east of the
Crow river, all being in Block 8 within the city of New London,
Minnesota, excepting therefrom the following three parcels:
(1) commencing at a point on the west line of Lot 8, Block
8 in the village of New London, 16-2/3 feet North of the
southwest corner of said Lot 8; running thence easterly on a
line parallel to the south line of said Lot 8, 100 feet to the
west line of Main Street; thence southerly on west line of Main
Street to a point, 50 feet; thence westerly on a line parallel
to the south line of said Lot 8 to a point, 70 feet; thence
northwesterly to the PLACE OF BEGINNING;
(2) commencing at a point 16 feet West from the northwest
corner of Lot 1, Block 8 of the village of New London; thence
120 feet South parallel with the west line of Lots 1, 2, 3, 4,
5, and 6; thence West to the bank of the Crow river; thence
along said bank of the Crow river to a point intersecting with a
line drawn North and South from a point, 100 feet West of the
PLACE OF BEGINNING; thence North to the north line of Block 8;
thence East to the PLACE OF BEGINNING; and
(3) commencing at a point on the north line of Block 8, 220
feet West of the northeast corner of said Block 8; thence West
50 feet; thence South 30 feet; thence southeasterly to a point
which is 50 feet South of the PLACE OF BEGINNING; thence due
North 50 feet to the PLACE OF BEGINNING.
The above described tract contains 0.46 acres to be sold.
(d) The commissioner has determined that the land is no
longer needed for any natural resource purpose other than
easement access for dam maintenance and that the state's land
management interests would best be served if the land was sold
by public sale or sold to the city of New London.
Sec. 16. [LAND EXCHANGE; LAKE OF THE WOODS COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
94.342, the commissioner of natural resources may exchange, with
the adjoining landowner, the acquired forest land bordering
public waters described in paragraph (b).
(b) The land to be exchanged is located in Lake of the
Woods county and is described as the West 450 feet of Government
Lot 7, Section 5, Township 167 North, Range 33 West.
(c) The exchange will correct an inadvertent trespass on
state land.
Sec. 17. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING
PUBLIC WATER; MEEKER COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, Meeker county may sell the tax-forfeited
land 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 land to be sold is located in Meeker county and is
described as:
Pt Southeast Quarter of Southeast Quarter (SE1/4 SE1/4)
beginning southeast corner Section 23, thence West 683.17 feet
to point of beginning, northwest 252.31 feet northwest 122 feet,
northeast 91 feet, southerly to south line Southeast Quarter of
Southeast Quarter (SE1/4 SE1/4), thence West 44 feet to point of
beginning. Section 23, Township 120, Range 31 (PID 12-0213001).
(d) The county has determined that the county's land
management interests would best be served if the lands were
returned to private ownership.
Sec. 18. [PRIVATE SALE OF SURPLUS STATE LAND; MORRISON
COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 94.09 and
94.10, the commissioner of natural resources may sell by private
sale the surplus land that is described in paragraph (c).
(b) The conveyance must be in a form approved by the
attorney general for consideration no less than the appraised
value of the land. The attorney general may make necessary
changes to the legal description to correct errors and ensure
accuracy.
(c) The land to be sold is located in Morrison county and
is described as: the South 33 feet of the Northwest Quarter of
the Southeast Quarter, the West 33 feet of Government Lot 2, and
the South 33 feet of the West 33 feet of the Northeast Quarter
of the Southeast Quarter, all in Section 11, Township 132 North,
Range 31 West.
(d) The commissioner has determined that the land is no
longer needed for any natural resource purpose and that the
state's land management interests would best be served if the
land was returned to private ownership.
Sec. 19. [PRIVATE SALE OF STATE WILDLIFE LAND; OTTER TAIL
COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45,
94.09, and 94.10, the commissioner of natural resources may sell
the wildlife management area land described in paragraph (d) to
the Fergus Falls port authority according to Minnesota Statutes,
section 97A.135, subdivision 2a.
(b) The sale must be in a form approved by the attorney
general for consideration of no less than the appraised value of
the land. The attorney general may make necessary changes to
the legal description to correct errors and ensure accuracy.
(c) The consideration received for the conveyance shall be
deposited in the state treasury and credited to the wildlife
acquisition account in the game and fish fund. The money is
appropriated to the commissioner of natural resources to
purchase replacement wildlife management area lands in Otter
Tail county.
(d) The land that may be sold is in the Fergus Falls
wildlife management area in Otter Tail county and is described
as:
TRACT A: The South Half of the Southeast Quarter of
Section 28, and the Southwest Quarter of the Southwest Quarter
of Section 27, Township 133 North, Range 43 West, lying
southwesterly of the Burlington Northern Railroad right-of-way,
excepting that part conveyed to Otter Tail Power Company
pursuant to Minnesota Laws 1971, chapter 139, described as
follows: the West 120 feet and the East 280 feet of the West
400 feet of the North 200 feet of the South Half of the
Southeast Quarter of Section 28, Township 133 North, Range 43
West.
Also, the North 330.00 feet of the Northwest Quarter of the
Northeast Quarter of Section 33, Township 133 North, Range 43
West, excepting therefrom the West 120 feet of the North 300
feet of said NW1/4 NE1/4.
Also, that part of Block 7, "Seminary Reserve," vacated
Windsor Street, Fourth Avenue, and Fir Avenue in Wheeler and
Rawson's Third Addition to the city of Fergus Falls, described
as follows:
Beginning at the northwest corner of the Northeast Quarter
of the Northeast Quarter of Section 33, Township 133 North,
Range 43 West; thence southerly along the west line thereof to a
point 330.00 feet South of, measured at right angles to the
north line thereof; thence easterly 450.00 feet along a line
parallel with and 330.00 feet South of, measured at right angles
to said north line; thence southerly deflecting to the right 90
degrees a distance of 420.00 feet; thence easterly deflecting to
the left 90 degrees a distance of 350 feet to the east line of
vacated Fourth Avenue; thence northerly 760 feet along said east
line to the north line of said NE1/4 NE1/4; thence westerly 817
feet along said north line to the point of beginning.
Also, blocks 3 and 3-1/2, the adjacent portions of vacated
Hazel Court, vacated Fir Avenue between the east line of Fourth
Avenue and the southwesterly right-of-way of the Burlington
Northern Railroad, and vacated Second Avenue in Wheeler and
Rawson's Third Addition to the city of Fergus Falls lying
northerly and westerly of that part previously conveyed to the
city of Fergus Falls pursuant to Minnesota Laws 1979, chapter
134, and described in that certain deed filed for record on
January 13, 1981, in Book 518 of Deeds, page 555.
Subject to a conservation easement in a form prescribed by
the commissioner of natural resources and the right of public
access and use to be reserved by the state on that portion of
the above described parcel of land lying northerly and easterly
of the following described parcel:
TRACT B: Commencing at the north quarter corner of Section
33, Township 133 North, Range 43 West; thence on an assumed
bearing, based on the survey done by the city engineer for the
city of Fergus Falls, of South 00 degrees 44 minutes 36 seconds
West 300.03 feet to the point of beginning of the land to be
described; thence North 89 degrees 59 minutes 01 seconds East
120.01 feet; thence North 00 degrees 44 minutes 36 seconds East
300.03 feet to the north line of said Section 33; thence North
00 degrees 51 minutes 17 seconds East 455.04 feet; thence North
89 degrees 59 minutes 19 seconds East 779.99 feet; thence South
28 degrees 08 minutes 03 seconds East 515.79 feet to the north
line of said Section 33; thence North 89 degrees 59 minutes 01
seconds East 205.14 feet; thence South 01 degrees 08 minutes 08
seconds West 330.19 feet to the north line of the "Tower Road
Industrial Park Addition;" thence South 89 degrees 59 minutes 19
seconds West 1352.88 feet; thence North 00 degrees 44 minutes 36
seconds East 30.00 feet to the point of beginning.
(e) The deed shall also reserve an access easement to the
state across TRACT B to ensure ingress and egress to the public
to access lands encumbered by the said conservation easement.
The exact location and legal description of said access easement
shall be determined by the commissioner of natural resources.
(f) This land no longer fits into the state wildlife
management area system because of hunting restrictions and
future development planned for the surrounding area. Proceeds
from the sale will be used to purchase lands more suitable for
wildlife management and public use.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 20. [PRIVATE SALE OF TAX-FORFEITED LAND; RAMSEY
COUNTY.]
(a) Notwithstanding the public sale provisions of Minnesota
Statutes, chapter 282, Ramsey county may sell by private sale
the tax-forfeited land that is described in paragraph (c) under
the remaining provisions of Minnesota Statutes, chapter 282.
(b) The sale must be in a form approved by the attorney
general.
(c) The land to be sold is located in Ramsey county and is
described as:
The property defined as Laporte Meadows North of the state
highway 10 right-of-way.
(d) Ramsey county has determined that the county's land
management interests would be best served if the land was sold
to the city of Mounds View for the use of a public purpose.
Sec. 21. [CONVEYANCE OF STATE LAND BORDERING PUBLIC WATER;
RAMSEY, STEVENS, AND CARLTON COUNTIES.]
(a) Notwithstanding Minnesota Statutes, sections 92.45,
94.09 to 94.16, or any other law to the contrary, the
commissioner of administration may convey to the University of
Minnesota board of regents for no consideration the surplus land
that is described in paragraph (c).
(b) The conveyance must be in a form approved by the
attorney general. The attorney general may correct the legal
descriptions under paragraph (c) as reasonably necessary after
review of a survey and title report delivered to the board of
regents.
(c) The land to be conveyed is located in Ramsey, Stevens,
and Carlton counties and is described as:
(1) the North Half of the West Half of the West Half of the
Southwest Quarter of Section 21, Township 29 North, Range 23
West, Ramsey county, Minnesota;
(2) the Northeast Quarter of the Southwest Quarter, the
Southwest Quarter of the Northwest Quarter of the Southwest
Quarter, the Northeast Quarter of the Northwest Quarter of the
Southwest Quarter, the Northwest Quarter of the Southwest
Quarter of the Southwest Quarter, and the Southeast Quarter of
the Northwest Quarter of the Southwest Quarter, of Section 36,
Township 125, Range 42, Stevens county, Minnesota;
(3) the South Half of the South Half of the Northwest
Quarter of the Northwest Quarter of the Southwest Quarter of
Section 36, Township 125, Range 42, Stevens county, Minnesota;
(4) beginning at the northwest corner of the Southeast
Quarter of Section 36, Township 125, Range 42, Stevens county,
Minnesota, and running thence South on the quarter line 11.05
chains; thence East at right angles with said quarter line 3.16
chains; thence South parallel with said quarter line 2.57 chains
to the Morris and Cyrus public road; thence easterly along the
north line of said road to a point on the east line of the
Northwest Quarter of Southeast Quarter of said Section 36 7.25
chains South of the northeast corner of the Northwest Quarter of
said Southeast Quarter of said Section 36 aforesaid; thence
North 7.25 chains to the northeast corner of the Northwest
Quarter of the Southeast Quarter of said Section 36 aforesaid;
thence West on the north line of said Northwest Quarter of
Southeast Quarter of said Section 36 to the northwest corner of
said Southeast Quarter of said Section 36, or place of
beginning, containing twenty one and one half acres, more or
less according to the government survey thereof; the same being
all that portion of the Northwest Quarter of the Southeast
Quarter of Section 36, Township 125, Range 42, Stevens county,
Minnesota, lying and being North of the public highway running
from the city of Morris to Cyrus, except one acre thereof in the
southwest corner thereof used by the city of Morris as a pumping
station;
(5) all that part of the East one half of the Southwest
Quarter of the Southwest Quarter of Section 36, Township 125
North, Range 42 West, lying South of the county road running
from Morris, Minnesota to Cyrus, Minnesota, and contains 15
acres more or less according to government survey, and all lying
in the county of Stevens;
(6) Lot 3 of county subdivision of unplatted part of East
Half of Section 35, Township 125, Range 42, Stevens county,
Minnesota containing according to said county subdivision 8 and
3/4 acres described as follows: Commencing at a point on the
North side of the county road leading from Morris to Cyrus,
Minnesota, 688 feet from the southeast corner of Section 35,
Township 125, Range 42; thence North 887 feet; thence West 440
feet; thence South 646 feet; thence southeast 391 feet to said
county road; thence northeast along said road 232 feet to the
place of beginning, containing 8.75 acres;
(7) beginning at the Quarter Post; being the southwest
corner of the Northwest Quarter of Section 31, Township 125
North, Range 41 West, Stevens county, Minnesota; running along
the county road (Morris, Minnesota to Glenwood, Minnesota) or
along the established line of the said county road running from
said quarter post North sixty three degrees and thirty minutes
East one and fifty six one hundredths chains; thence North sixty
one degrees East eight and thirteen one hundredths chains;
thence North eighty seven degrees and twenty five minutes East
seven and seven one hundredths chains; thence North sixty nine
degrees and thirty minutes East fourteen and eighty five one
hundredths chains; thence North seventy seven degrees East
twenty seven chains; thence leaving the said county road and
running North twenty five chains to a point on the north
boundary line of the said Section 31, Township 125, Range 41,
fifteen chains East of the northeast corner of the Northwest
Quarter of said Section 31, Township 125, Range 41; thence West
along the said north boundary line of the said Section 31,
Township 125, Range 41 to the northwest corner of the Northwest
Quarter of said Section 31, Township 125, Range 41; thence South
along the west boundary line of said Section 31, Township 125,
Range 41 to the place of beginning, except twelve and nine
tenths acres of land owned by the Northern Pacific Railway
Company, being used for railroad right-of-way and special snow
fence purposes. The above described part of said Section 31,
Township 125, Range 41, contains however one hundred and sixty
acres, exclusive of said twelve and nine tenths acres of
railroad right-of-way;
(8) all that part of the SE 1/4 SW 1/4 and NE 1/4 SW 1/4 SW
1/4 Section 36, Township 125 North, Range 42 West, Stevens
county, Minnesota, lying north of the main wagon road running
from the village of Morris, Minnesota, to the village of Cyrus,
Minnesota, and more particularly described as follows:
Beginning at a point where said road intersects the north line
of the SE 1/4 SW 1/4; thence in a westerly direction 16.06
chains to the NW corner of the NE 1/4 SW 1/4 SW 1/4 of said
Section 36; thence in a southerly direction along the west line
of said NE 1/4 SW 1/4 SW 1/4, 5.90 chains to the north line of
said road right-of-way; thence in a northeasterly direction
along the north line of said road right-of-way 17.05 chains to
the point of beginning containing 4.80 acres, more or less, and
being the same lands conveyed to the United States by Edwin J.
Jones, et ux, by deed dated January 26, 1903, and Harold
Thorson, et ux, by deed dated February 26, 1903;
(9) all of that part of the Northeast Quarter of the
Southwest Quarter of the Southwest Quarter of Section 36,
Township 125 North, Range 42 West, Stevens county, Minnesota,
lying North of the main wagon road running from the village of
Morris, Minnesota, to the village of Cyrus, Minnesota and
further described by metes and bounds as follows, to-wit:
Beginning at a point on the east line of the NE 1/4 of the SW
1/4 of the SW 1/4, Section 36, Township 125, Range 42, two and
thirty one hundredths chains South of the northeast corner of
said NE 1/4 of the SW 1/4 of the SW 1/4, Section 36, Township
125, Range 42, running North on the east line of said NE 1/4 of
SW 1/4 of SW 1/4, Section 36, Township 125, Range 42, two and
thirty one hundredths chains to the said northeast corner of
said NE 1/4 of SW 1/4 of SW 1/4, Section 36, Township 125, Range
42; thence West on the north line of said described land, ten
chains, more or less to the northwest corner of said NE 1/4 of
SW 1/4 of SW 1/4, Section 36, Township 125, Range 42; thence
South on the west line of said described tract of land five and
ninety one hundredths chains to the said wagon road; thence
northeast along said wagon road, ten and sixty one hundredths
chains to the place of beginning on the east line of said NE 1/4
of SW 1/4 of SW 1/4, Section 36, Township 125, Range 42,
containing about four and ten one hundredths acres, more or
less, according to the government survey thereof;
(10) beginning at the northwest corner of the Southeast
Quarter of the Southwest Quarter of Section 36, Township 125,
Range 42, Stevens county, Minnesota and running South two and
thirty hundredths chains on the west line of said Southeast
Quarter of the Southwest Quarter, of Section 36, Township 125,
Range 42 to the road. Thence northeast along the north line of
the road six and forty five hundredths chains to the north line
of said Southeast Quarter of the Southwest Quarter of Section
36, Township 125, Range 42; thence West on the north line of
said Southeast Quarter of the Southwest Quarter of Section 36,
Township 125, Range 42, six and six hundredths chains, to place
of beginning, containing seven tenths of an acre, more or less;
(11) all of Section 36, Township 49, Range 18, Carlton
county, Minnesota, except the East Half of the Northeast
Quarter; all of Section 31, Township 49, Range 17, except the
Southwest Quarter of the Northwest Quarter and the Southeast
Quarter of the Southeast Quarter; the South Half of the
Southeast Quarter, the South Half of the Southwest Quarter, the
Northeast Quarter of the Southeast Quarter, and the South Half
of the Northeast Quarter, all in Section 30, Township 49, Range
17; the Northeast Quarter of the Northwest Quarter, the South
Half of the Northwest Quarter, all of the Southwest Quarter, the
South Half of the Southeast Quarter, and Northeast Quarter of
the Southeast Quarter, Section 29, Township 49, Range 17; the
North Half of the Northwest Quarter, the Southwest Quarter of
the Northeast Quarter, and the Southeast Quarter, Section 32,
Township 49, Range 17, containing two thousand and ninety-four
and ninety-seven hundredths acres, according to government
survey thereof;
(12) the Southeast Quarter of the Northwest Quarter of
Section 30 in Township 49 North, Range 17 West, Carlton county,
Minnesota, containing forty acres, according to the official
plat of the survey of the said lands, returned to the general
land office by the surveyor general; and
(13) the Northeast Quarter of the Southwest Quarter and the
Northwest Quarter of the Southeast Quarter of Section 30,
Township 49 North, Range 17 West, Carlton county, Minnesota.
(d) Conveyance of land in Stevens county under this section
is subject to Minnesota Statutes, section 137.16. Land conveyed
under this section retains any bonding obligations on the
buildings located thereon that exist at the time of conveyance.
Sec. 22. [PUBLIC SALE OF SCHOOL TRUST LAND BORDERING
PUBLIC WATER; ST. LOUIS COUNTY.]
(a) Notwithstanding Minnesota Statutes, section 92.45, the
commissioner of natural resources may sell by public sale the
school trust land bordering public water that is described in
paragraph (c).
(b) The conveyance must be in a form approved by the
attorney general for consideration no less than the appraised
value of the land. The conveyance must include an easement to
ensure public access and state management access to the
state-owned land on the north side of Blueberry lake. The
attorney general may make necessary changes in the legal
description to correct errors and ensure accuracy.
(c) The land to be sold is located in St. Louis county and
is approximately three acres adjacent to Blueberry lake in the
northeast corner of the Southwest Quarter of the Northeast
Quarter, Section 4, Township 61 North, Range 12 West.
(d) The commissioner has determined that the land is no
longer needed for any natural resource purpose and that the
state's land management interests would best be served if the
land was returned to private ownership. The adjoining private
owner has inadvertently built part of a home, a septic system,
and yard improvements on the land.
Sec. 23. [PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING
PUBLIC WATERS; ST. LOUIS COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, and the public sale provisions of
Minnesota Statutes, chapter 282, St. Louis county may sell by
private sale the tax-forfeited lands bordering public waters
that are described in paragraph (c), under the remaining
provisions of Minnesota Statutes, chapter 282.
(b) The conveyances must be in a form approved by the
attorney general. The attorney general may make necessary
changes to the legal descriptions to correct errors and ensure
accuracy.
(c) The lands to be sold are located in St. Louis county
and are described as:
(1) Government Lot 2, Section 26, Township 50 North, Range
17 West;
(2) Government Lot 2, Section 34, Township 50 North, Range
17 West;
(3) the West 60 feet of the East 360 feet of the North 800
feet of Government Lot 6, Section 32, Township 55 North, Range
12 West; and
(4) Plat of Long Lake Estates, 1st Addition, Lots 22 and
37, Section 26, Township 56 North, Range 16 West.
(d) The county has determined that the county's land
management interests would best be served if the lands were
returned to private ownership.
Sec. 24. [PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING
PUBLIC WATERS; ST. LOUIS COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, St. Louis county may sell the
tax-forfeited lands bordering public waters that are described
in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) The conveyances must be in a form approved by the
attorney general. The attorney general may make necessary
changes to the legal descriptions to correct errors and ensure
accuracy.
(c) The lands to be sold are located in St. Louis county
and are described as:
(1) Blocks 4, 5, and 6, Plat of McComber, town of Eagles
Nest, Section 13, Township 62 North, Range 14 West, subject to
the following restrictions:
(i) if any culverts are installed at the stream, they must
be sized and installed to allow for fish migration;
(ii) an adequate buffer of vegetation must be preserved
along the stream to maintain in-channel habitat, control
erosion, and reduce transport of sediment at the stream channel,
reduce nutrient transport to the channel, and provide a corridor
for wildlife; and
(iii) any development on the parcels must be done to avoid
any concentration of storm water runoff from flowing toward the
stream or lake;
(2) Government Lots 1 and 2, Section 6, Township 56 North,
Range 14 West;
(3) the Northeast Quarter of the Southeast Quarter and the
North Half of the Southeast Quarter of the Southeast Quarter,
Section 10, Township 57 North, Range 18 West;
(4) Lots 20, 21, 22, and 23, Plat of Twin Lakes, Section
32, Township 60 North, Range 19 West;
(5) the East Half of the Northeast Quarter and the East
Half of the Southeast Quarter, Section 12, Township 51 North,
Range 17 West;
(6) the East Half of the Northeast Quarter, Section 13,
Township 51 North, Range 17 West;
(7) Lot 9, Block 3, Kings Court Subdivision, Section 31,
Township 52 North, Range 13 West, except that part beginning at
the northwest corner; thence South 13 degrees 7 minutes 17
seconds East along the line common to Lots 8 and 9 200 feet;
thence North 7 degrees 52 minutes 43 seconds East 200 feet;
thence North 13 degrees 7 minutes 17 seconds West 205.58 feet to
the southerly line of Lady Nicole Lane and the northerly line of
Lot 9; thence South 63 degrees 3 minutes 24 seconds West along
said southerly line 31.16 feet to the point of curvature of a
tangential curve concave to the North with a radius of 340 feet
and a central angle of 28 degrees 54 minutes 39 seconds; thence
westerly along said curve and coinciding with said southerly
line 171.56 feet to the point of beginning; and
(8) that part of Lot 7, Johnson McKinnon Addition, town of
Canosia, lying East of a line beginning 40 feet West of the
northeast corner; thence South 164 11/100 feet; thence South 24
degrees 24 minutes East 277 feet, more or less, to the lakeshore.
(d) The county has determined that the county's land
management interests would best be served if the lands were
returned to private ownership.
Sec. 25. [PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS
COUNTY.]
(a) Notwithstanding Minnesota Statutes, section 459.06,
subdivision 3, the public sale provisions of Minnesota Statutes,
chapter 282, or other law to the contrary, St. Louis county may
sell by private sale the tax-forfeited land described in
paragraph (c).
(b) The conveyance must be in a form approved by the
attorney general. Notwithstanding Minnesota Statutes, section
459.06, subdivision 3, the land described in paragraph (c) is
withdrawn from memorial forest status.
(c) The land to be sold is located in St. Louis county and
is described as:
the westerly 100 feet of the northerly 300 feet of the
NW1/4 of the NW1/4, Section 34, Township 61 North, Range 15
West of the Fourth Principal Meridian located in St. Louis
county.
Sec. 26. [PUBLIC SALE OF STATE WILDLIFE MANAGEMENT AREA
LAND BORDERING PUBLIC WATERS; SCOTT COUNTY.]
(a) Notwithstanding Minnesota Statutes, section 92.45, the
commissioner of natural resources may sell the wildlife
management area land bordering public waters described in
paragraph (e) by public sale according to Minnesota Statutes,
section 97A.135, subdivision 2a.
(b) The conveyance shall be in a form approved by the
attorney general for consideration of no less than the appraised
value of the land.
(c) The deed must contain a restrictive covenant that
prohibits altering, disturbing vegetation in, draining, filling,
or placing any material or structure of any kind on or in the
existing wetland area located on the land; prohibits any run-off
from other lands or buildings into said wetland; and prohibits
diverting or appropriating water from said wetland.
(d) The consideration received for the conveyance shall be
deposited in the state treasury and credited to the wildlife
acquisition account in the game and fish fund. The money is
appropriated to the commissioner of natural resources for
wildlife land acquisition purposes.
(e) The land that may be sold is in the Prior Lake wildlife
management area in Scott county and is described as:
The East 1200 feet of the South 800 feet of the Southwest
Quarter of the Southeast Quarter of Section 22, Township
115 North, Range 22 West. Including the abandoned
right-of-way of the Chicago, Milwaukee, St. Paul and
Pacific Railroad Company (formerly the Hastings and Dakota
Railway Company). Containing 22 acres, more or less.
(f) This land no longer fits into the state wildlife
management area system because of hunting limitations, its small
size, and future development planned for the area. Proceeds
from the sale will be used to purchase lands more suitable for
wildlife management and public hunting.
Sec. 27. [PRIVATE SALE OF SURPLUS STATE LAND; SHERBURNE
COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 94.09 and
94.10, the commissioner of natural resources may sell by private
sale the lands that are described in paragraph (c) to the
adjacent landowners upon completion of an internal land exchange
whereby the status of the lands described in paragraph (c) will
become acquired state forest status.
(b) The conveyances must be in a form approved by the
attorney general for consideration not less than the appraised
value of the lands.
(c) The lands to be conveyed are located in Sherburne
county and are described as:
(1) that part of the Southeast Quarter of the Southwest
Quarter of Section 36, Township 34 North, Range 27 West,
Sherburne county, Minnesota, described as follows: Beginning at
the northeast corner of said Southeast Quarter of the Southwest
Quarter; thence on a bearing, based on the 1983 Sherburne County
Coordinate System (1986 Adjustment), of South 02 degrees 42
minutes 52 seconds West 746.69 feet along the east line of said
Southeast Quarter of the Southwest Quarter to the center line of
a township road; thence North 71 degrees 56 minutes 43 seconds
West 61.36 feet along said center line; thence North 00 degrees
35 minutes 14 seconds West 727.25 feet to the north line of said
Southeast Quarter of the Southwest Quarter; thence South 89
degrees 47 minutes 12 seconds East 101.15 feet along said north
line to the point of beginning; containing 1.35 acres;
(2) that part of the Northeast Quarter of the Southwest
Quarter of Section 36, Township 34 North, Range 27 West,
Sherburne county, Minnesota, described as follows: Commencing
at the northeast corner of said Northeast Quarter of the
Southwest Quarter; thence on a bearing, based on the 1983
Sherburne County Coordinate System (1986 Adjustment), of South
02 degrees 42 minutes 52 seconds West 905.10 feet along the east
line of said Northeast Quarter of the Southwest Quarter to a
point on the south line of the North 904.20 feet of the
Northwest Quarter of the Southeast Quarter of said Section 36
and the point of beginning; thence North 89 degrees 50 minutes
32 seconds West 123.41 feet on the westerly extension of the
North 904.20 feet of said Northwest Quarter of the Southeast
Quarter; thence South 00 degrees 20 minutes 40 seconds East
416.58 feet to the south line of said Northeast Quarter of the
Southwest Quarter; thence South 89 degrees 47 minutes 12 seconds
East 101.15 feet along said south line to the southeast corner
of said Northeast Quarter of the Southwest Quarter; thence North
02 degrees 42 minutes 52 seconds East 417.08 feet along the east
line of said Northeast Quarter of the Southwest Quarter to the
point of beginning; containing 1.06 acres;
(3) that part of the Southeast Quarter of the Southwest
Quarter of Section 36, Township 34 North, Range 27 West,
Sherburne county, Minnesota, described as follows: Commencing
at the northeast corner of said Southeast Quarter of the
Southwest Quarter; thence on a bearing, based on the 1983
Sherburne County Coordinate System (1986 Adjustment), of South
02 degrees 42 minutes 52 seconds West 746.69 feet along the east
line of said Southeast Quarter of the Southwest Quarter to the
center line of a township road and the point of beginning;
thence North 71 degrees 56 minutes 43 seconds West 61.36 feet
along said center line; thence South 00 degrees 35 minutes 14
seconds East 593.77 feet to the south line of said Southeast
Quarter of the Southwest Quarter; thence South 89 degrees 43
minutes 53 seconds East 25.00 feet along said south line to the
southeast corner of said Southeast Quarter of the Southwest
Quarter; thence North 02 degrees 42 minutes 52 seconds East
575.49 feet along the east line of said Southeast Quarter of the
Southwest Quarter to the point of beginning; containing 0.59
acres; and
(4) that part of the Northeast Quarter of the Southwest
Quarter of Section 36, Township 34 North, Range 27 West,
Sherburne county, Minnesota, described as follows: Beginning at
the northeast corner of said Northeast Quarter of the Southwest
Quarter; thence on a bearing, based on the 1983 Sherburne County
Coordinate System (1986 Adjustment), of South 02 degrees 42
minutes 52 seconds West 905.10 feet along the east line of said
Northeast Quarter of the Southwest Quarter to a point on the
south line of the North 904.20 feet of the Northwest Quarter of
the Southeast Quarter of said Section 36; thence North 89
degrees 50 minutes 32 seconds West 123.41 feet on the westerly
extension of the North 904.20 feet of said Northwest Quarter of
the Southeast Quarter; thence North 00 degrees 20 minutes 40
seconds West 904.24 feet to the north line of said Northeast
Quarter of the Southwest Quarter; thence South 89 degrees 50
minutes 32 seconds East 171.71 feet along said north line to the
point of beginning; containing 3.06 acres.
(d) The lands described in paragraph (c) are part of an
internal pending land exchange. After approval of the exchange
by the state land exchange board, the trust fund status of the
lands described in paragraph (c) will become acquired state
forest status. The lands described in paragraph (c) are then
withdrawn from the Sand Dunes state forest and will be certified
as surplus by the commissioner. The commissioner of natural
resources has determined, due to recent survey information, that
the lands described in paragraph (c) are not suitable for public
land management; that the state's land management interests
would best be served by conveyance of the land to the adjacent
land owners; and that the conveyance will resolve a
long-standing unintentional trespass.
Sec. 28. [PRIVATE SALE OF TAX-FORFEITED LAND; WASHINGTON
COUNTY.]
(a) Notwithstanding the public sale provisions of Minnesota
Statutes, chapter 282, or other law to the contrary, Washington
county may sell by private sale the tax-forfeited land described
in paragraph (c).
(b) The conveyance must be in a form approved by the
attorney general for a consideration of taxes due on the
property and any penalties, interest, and costs.
(c) The land to be sold is located in Washington county and
is described as:
Lot 7, Block 5, Sandlewood Addition, city of Woodbury,
Washington county.
(d) The county has determined that this conveyance is
necessary to correct an inadvertent forfeiture due to an error
in transferring property by the previous owner.
Sec. 29. [PRIVATE SALE OF SURPLUS STATE LAND; WINONA
COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 94.09 and
94.10, the commissioner of natural resources may sell by private
sale the surplus land that is described in paragraph (c).
(b) The conveyance must be in a form approved by the
attorney general for consideration no less than the appraised
value of the land.
(c) The land to be sold is located in Winona county and is
described as:
That part of the Southeast Quarter of the Southwest Quarter
of Section 26, Township 105 North, Range 9 West, Winona county,
Minnesota, described as follows:
Beginning at the northwest corner of said Southeast Quarter
of the Southwest Quarter; thence on a bearing, based on the
Winona County Coordinate System of 1983 (1986 Adjustment), of
South 00 degrees 17 minutes 40 seconds West along the west line
of said Southeast Quarter of the Southwest Quarter 388.05 feet;
thence North 85 degrees 20 minutes 05 seconds East 87.79 feet;
thence North 02 degrees 44 minutes 27 seconds West 353.94 feet;
thence North 86 degrees 36 minutes 30 seconds East 423.51 feet
to the north line of said Southeast Quarter of the Southwest
Quarter; thence North 89 degrees 43 minutes 52 seconds West
along the north line of said Southeast Quarter of the Southwest
Quarter 491.34 feet to the point of beginning; containing 0.82
acres.
(d) The commissioner has determined that the land is no
longer needed for any natural resource purpose and that the
state's land management interests would best be served if the
land was returned to private ownership.
Sec. 30. [CONVEYANCE TO CITY OF BIG FORK.]
(a) If the city of Big Fork conveys the land described in
paragraph (c) to the state, the commissioner of natural
resources shall reconvey the land described in paragraph (c) to
the city of Big Fork for no consideration and free of any
restriction that the land be used for a public purpose.
(b) The conveyance must be in a form approved by the
attorney general and provide that the city of Big Fork may use
the land for other than a public purpose, notwithstanding Laws
1988, chapter 472. Any conveyance by the city of Big Fork must
provide that the conveyance is subject to the statewide
shoreland development standards regarding grading, filling,
structural setbacks, and vegetation clearing.
(c) The land to be conveyed is in Itasca county and is
described as Outlot 1, Zaiser's Addition, village of Big Fork.
Sec. 31. [CONVEYANCE TO WISCONSIN.]
(a) Notwithstanding Minnesota Statutes, sections 161.43,
161.44, or any other law to the contrary, the commissioner of
transportation may convey the land described in paragraph (b) to
the state of Wisconsin.
(b) The lands to be conveyed are all those parts or parcels
of land situated in the county of Buffalo, state of Wisconsin,
more particularly described as follows:
(1) a strip of land for road purposes 200 feet in width,
being 100 feet on each side of a center line described as
follows: Beginning at a point on the south line of the
Southeast Quarter of the Southeast Quarter of Section 1,
Township 22 North, Range 14 West, 635 feet West of the southeast
corner of said Section 1; thence North 27 degrees East a
distance of 1,400 feet to a point in the east line of said
Section 1, 85 feet South of the northeast corner of the
Southeast Quarter of said Section 1, containing 6.3 acres more
or less, according to the survey thereof and being a part of the
Southeast Quarter of the Southeast Quarter of Section 1,
Township 21 North, Range 14 West;
(2) a tract of land for road purposes situated in the
southeast corner of the Northeast Quarter of the Southeast
Quarter of Section 1, Township 22 North, Range 14 West,
described as follows: Beginning at the southeast corner of said
Northeast Quarter of said Southeast Quarter of said Section 1,
running thence North 125 feet; thence South 27 degrees West a
distance of 140.3 feet; thence East 63.7 feet to the place of
beginning, containing one-tenth of an acre;
(3) a strip of land for road purposes 200 feet in width,
being 100 feet on each side of a center line described as
follows: Beginning at a point 72.6 feet North of the southwest
corner of the Northeast Quarter of the Northwest Quarter of
Section 13, Township 22 North, Range 14 West; thence South 30
degrees West, 350 feet to the north bank of the Mississippi
river, containing 1.6 acres and being a part of Government Lot 5
in said Section, Township, and Range; and
(4) a strip of land for road purposes 200 feet in width,
being 100 feet on each side of a center line described as
follows: Beginning at a point in the west line of the Northeast
Quarter of the Northwest Quarter of Section 13, Township 22
North, Range 14 West, 72.6 feet North of the southwest corner of
said Northeast Quarter of said Northwest Quarter of said Section
13; thence North 27 degrees East a distance of 1,400 feet to a
point in the north line of said Section 13, 684.4 feet West of
the northeast corner of said Northeast Quarter of the Northwest
Quarter of said Section 13; thence continuing said center line
in a straight line North 27 degrees, East an additional distance
of 2,963 feet to a point in the east and west quarter line of
said Section 12, Township and Range aforesaid, 660 feet East of
center of said Section 12, said strip containing 19.90 acres and
being a part of the Northeast Quarter of the Northwest Quarter
of said Section 13 and the East Half of the Southwest Quarter of
said Section 12 and the Northwest Quarter of the Southeast
Quarter of said Section 12, in the county of Buffalo and the
state of Wisconsin.
(c) The deed authorized by this law is intended to convey
to the state of Wisconsin all the interest of the state of
Minnesota in lands situated in the state of Wisconsin that the
state of Minnesota received by deed from the Wabasha-Nelson
Bridge Company, dated March 24, 1947, and filed of record in
Book 91 of Deeds, page 101, files of the register of deeds in
and for Buffalo county, Wisconsin.
Sec. 32. [LAND CONVEYANCE; CITY OF WABASHA.]
(a) Notwithstanding Minnesota Statutes, sections 92.45,
94.09, 94.10, 161.43, 161.44, or any law to the contrary, the
commissioner of transportation shall convey, for no
consideration, to the city of Wabasha the surplus land that is
described in paragraph (c).
(b) The conveyance must be in a form approved by the
attorney general and provide that the land reverts to the state
if the land is not used for public purposes.
(c) The land conveyed is in Wabasha county and is described
as:
(1) Government Lot 4 of Section 29, Township 111 North,
Range 10 West, in the city of Wabasha, according to the plat
thereof now on file and of record in the office of the county
recorder in and for Wabasha county, Minnesota;
which lies within a distance of 12 feet on each side of the
following described line:
Beginning at a point on a line drawn parallel with and
distant one foot southeasterly from the northeasterly
extension of the dividing line between Lots 4 and 5 in
Block 6, Original Town of the city of Wabasha, distant 59.1
feet northeasterly of its intersection with the
northeasterly line of Lot 4 in said Block 6; thence run
northwesterly at an angle of 90 degrees 19 feet with said
parallel line (when measured from southwest to northwest)
for 309.2 feet; thence deflect to the right on a curve
having a radius of 100 feet (delta angle 89 degrees 32
feet) for 156.3 feet, and there terminating;
together with a strip 3 feet in width adjoining and westerly of
the above described strip and a strip 6 feet in width adjoining
and easterly of the first above described strip, both beginning
opposite a point on the above described line, distant 309.2 feet
northwesterly of its point of beginning (when measured along
said line) and extending northerly to the northeasterly line of
the above described tract; the title thereto being registered as
evidenced by Certificate of Title No. 279; and
(2) Government Lot 4 of Section 29, Township 111 North,
Range 10 West, in the city of Wabasha, according to the plat
thereof now on file and of record in the office of the county
recorder in and for Wabasha county, Minnesota;
which lies within a distance of 12 feet on each side of the
following described line:
Beginning at a point on a line drawn parallel with and
distant one foot southeasterly from the northeasterly
extension of the dividing line between Lots 4 and 5 in
Block 6, original Town of the city of Wabasha, distant 59.1
feet northeasterly of its intersection with the
northeasterly line of Lot 4 in said Block 6; thence run
southeasterly at an angle 89 degrees 41 feet with said
parallel line (when measured from southwest to southeast)
for a distance of 171.9 feet; thence deflect to the right
on a curve having a radius of 50 feet for a distance of
78.1 feet; thence on tangent to said curve for 8 feet, more
or less, to the southeasterly extension of the
northeasterly line of said Block 6, being the northeasterly
end of Pembroke Street in said city of Wabasha;
together with a strip 4 feet in width on each side of the above
described strip, beginning opposite a point on the above
described line, distant 171.9 feet southeasterly of its point of
beginning (when measured along said line) and extending to the
termination of said line, (being that part of the land lying
between the northeasterly boundary line of Lots 1, 2, 3, and 4
in the aforesaid Block 6 and the Mississippi River).
Sec. 33. [FLOOD HAZARD MITIGATION PROJECT GRANT; COTTON
TOWNSHIP.]
Notwithstanding Minnesota Statutes, section 103F.161,
subdivision 2, a grant for implementation of a flood hazard
mitigation project in Cotton Township may not exceed 95 percent
of the total cost of the proposed mitigation measures.
Sec. 34. [PUBLIC ACCESS; CHIPPEWA COUNTY.]
The commissioner of natural resources shall maintain the
existing public access to Lac qui Parle lake adjacent to state
highway 40, including direct access for the adjoining landowner.
Sec. 35. [RULE AMENDMENT.]
(a) The commissioner of natural resources shall amend
Minnesota Rules, part 6105.1680, subpart 7, item A, so that the
land use district in Section 18, Township 112 North, Range 18
West, is described as the North Quarter of the Northeast
Quarter, 40 acres; the West Half of the Southwest Quarter of the
Northwest Quarter of the Northeast Quarter, 5 acres; the
Northeast Quarter of the Northwest Quarter, 40 acres; and the
Northwest Quarter of the Northwest Quarter, 33.98 acres.
(b) The commissioner may use the good cause exemption
procedure provided under Minnesota Statutes, section 14.388,
clause (3), in adopting rules under this section.
Sec. 36. [EFFECTIVE DATE.]
Section 1 is effective the day following final enactment.
Presented to the governor May 13, 2002
Signed by the governor May 15, 2002, 1:22 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes