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STEFFEN, ~UNSTENTE1GER, BEARSE. BEENS. PARTA ~ PETERSON <br /> ANOKA, I,,I1NNESOTA 55303 <br /> <br />September 10, 1980 <br /> <br />Mr. Pete Raatikka <br />Consulting Engineers Diversified <br />7708 Lakeland Avenue North <br />Osseo, Minnesota 55369 <br /> <br />Drainage Ditch Matter--County Ditch No. 43 <br />My Client: NDH, Inc. <br />Proposed Plat: Flintwood Hills Second Add. <br /> <br />Dear Pete: <br /> <br />I believe you are familiar with the question of how County Ditch <br />No. 43 affects the proposed plat of Flintwood Hills Second Addition. <br /> <br />In an effort to remove the location of the ditch from the middle <br />of the plat, my client previously submitted to the County Board a <br />Petition for realigning the County ditch around the edge of the <br />plat and utilizing the underground storm drainage system which is <br />to be constructed as part of the development of the plat. <br /> <br />Several problems developed with respect to the Petition for <br />Improvement of the drainage ditch. The most significant problem, <br />in my view, is that there is no statutory authority for realigning <br />a County ditch and vacating the old ditch alignment. If we <br />utilize that procedure, I felt there would be questionable legal <br />title on the lots which were affected by the old ditch alignment. <br /> <br />In the 1980 session of the Minnesota Legislature, an amendment was <br />adopted to M.S.A. §106.651 which now allows county boards to enter <br />orders of partial abandonment of county ditch systems. In our <br />view, this new procedure more certainly solves my client's problem <br />and the procedure should be fairly easy to implement. <br /> <br />I have enclosed for your information, a copy of the proposed <br />Petition to be submitted to the Anoka County Board of Commissioners. <br />If, after hearing, the Anoka County Board enters its Order <br /> <br /> <br />