Agenda - Council - 09/30/1980 - Special

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STI';FYEN. ]~UNS'rENTEIGER. BEARSE. BEENS. PARTA & PETERSON A~OKA PROFESSIONAL BUILDING ANOKA, MINNESOTA 55303 TELEPHONE (6 1 2! 427-6300 BERNARD E STEFFEN STEPHEN H MUNSTENTEIGER EDWARD W BEARSE RICHARD A BEEN5 ROBERT C PARTA RONALD a. PETERSON RUSSELL H CROWDER JAMES A NEAL LAWRENCE R. JOHNSON LYNN C OLSON September 10, 1980 Mr. Pete Raatikka Consulting Engineers Diversified 7708 Lakeland Avenue North Osseo, Minnesota 55369 RE: Drainage Ditch Matter--County Ditch No. 43 My Client: NDH, Inc. Proposed Plat: Flintwood Hills Second Add. Dear Pete: I believe you are familiar with the question of how County Ditch No. 43 affects the proposed plat of Flintwood Hills Second Addition. In an effort to remove the location of the ditch from the middle of the plat, my client previously submitted to the County Board a Petition for realigning the County ditch around the edge of the plat and utilizing the underground storm drainage system which is to be constructed as part of the development of the plat. Several problems developed with respect to the Petition for Improvement of the drainage ditch. The most significant problem, in my view,.is that there is no statutory authority for realigning a County ditch and vacating the old ditch alignment. If we utilize that procedure, I felt there would be questionable legal title on the lots which were affected by the old ditch alignment. In the 1980 session of the Minnesota Legislature, an amendment was adopted to M.S.A. ~106.651 which now allows county boards to enter orders of partial abandonment of county ditch systems. In our view, this new procedure more certainly solves my client's problem and the procedure should be fairly easy to implement. I have enclosed for your information, a copy of the proposed Petition to be submitted to the Anoka County Board of Commissioners. If, after hearing, the Anoka County Board enters its Order