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5. That said County Ditch No. 43, as it presently exists, <br />consists of an underground field tile, not an open ditch, and <br />its very existence is not detectable by observation of the land's <br />surface. The said field tile is in a state of disrepair and does <br />not function. The future use, repair or functioning of said ditch <br />is neither likely or practical, nor is said ditch a benefit to <br />Petitioner's property, nor a benefit to other lands in the said <br />ditch system. The portion of said County Ditch No. 43 which <br />trauerses your Petitioner'S property no longer serve~ a substantial <br />useful purpose to any lands or properties in the said ditch system <br />and is no longer of a substantial public benefit and utility. <br /> 6. That waters from your Petitioner's property are diverted <br /> from said drainage system to holding ponds on Petitioner'S <br /> property and accordingly, Petitioner's property no longer benefits <br /> from said drainage system nor does Petitioner's property utilize <br /> <br />or affect said drainage system. <br /> 7. That setting your Petitioner's property off from the said <br />drainage system a~d abandoning that portion of County Ditch No. 43 <br />that traverses Petitioner'S property will not prejudice the owners <br />of any lands remaining in the said drainage ditch system. <br /> WHEREFORE, your Petitioner respegtfully petitions and requests: <br /> 1. That the Anoka County Auditor fix a time and place for a <br /> public hearing on this Petition before the Anoka County Board of <br /> Commissioners and'give notice thereof to interested persons by <br /> publication thereof in a legal newspaper- <br /> 2. That after notice and hearing thereon, the Anoka County <br /> Board of Commissioners make its findings that: <br /> a) Waters from your Petitioner's property have been <br /> diverted from the said drainage system, County Ditch No. 43. <br /> b) That Petitioner's properties are no longer benefited <br /> by and no longer utilize or affect the said drainage system, <br /> County Ditch No. 43. <br /> c) That setting Petitioner's property out from the said <br /> drainage system will not prejudice the owners of lands and <br /> properties rcmaining in the said ditch system. <br /> <br />-2- <br /> <br /> <br />