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FINDINGS AND ORDER <br /> SHERBURNE COUNTY BOARD OF COMMISSIONERS • <br /> 171 (q�°I O10M4 •Al2• sd <br /> DATE Number <br /> WHEREAS, The Sherburne County Board of Commissioners and the Sherburne County <br /> Auditor received a request from the City of Elk River to assume a portion of County Ditch <br /> No. 10 so the same can be incorporated into the City municipal system; <br /> WHEREAS, pursuant to this request, the Sherburne County Auditor and the Sherburne <br /> County Attorney's Office met with staff of the City of Elk River to discuss the options <br /> available to it and believe that the citizens would best be served with the transfer of the <br /> right title and interest of a portion of County Ditch Number 10 to the City of Elk River; and, <br /> WHEREAS, the legislature has allowed the City and the County to turn over legal title of <br /> the easements on the ditches from the Sherburne County as ditch authority to the City of <br /> Elk River for its municpal system pursuant to Laws of Minnesota 1195, Chapter 175. <br /> NOW,THEREFORE,THE SHERBURNE COUNTY BOARD OF COMMISSIONERS as the <br /> Sherburne County Ditch Authority, HEREBY MAKES THE FOLLOWING: • • <br /> RESOLUTION <br /> Pursuant to Laws of Minnesota 1995, Chapter 175, the county of Sherburne agrees to <br /> convey a portion of County Ditch No. 10 to the City of Elk River, more specifically <br /> described as from the outlet of of the main ditch of County Ditch Number 10 at the <br /> Mississippi River up to the northeast side of the Burlington Northern Railroad right of way <br /> through to Station Number 136+97; all of Branch Number "1" and all of Branch "A" of <br /> Branch Number 1, the same being conditioned upon the following: <br /> 1. the City of Elk River by resolution accept the conveyance of the same; <br /> 2. the City of Elk River, upon acceptance of the right, titile and interest of the above <br /> described ditch assumes all right titile and interest of the same; <br /> 3. the City of Elk River agrees to assume under its municipal authority the <br /> management of the surface waters within the area served by portion of the ditch <br /> being conveyed; <br /> 4. that the portion of the ditch being conveyed is no longer subject to Minnesota <br /> Statutes; <br /> 5. the City of Elk River agrees that in perpetuity that the remainder of County Ditch <br /> Number 10 may continue to outlet into the municipal system at no cost as long as <br />