7.4. SR 08-17-2015 - Laserfiche WebLink

Home Browse Search

Carlton, Zachary From: Mike Lindenau <Mike.Lindenau@co.sherburne.mn.us> Sent: Friday, July 17, 2015 4:11 PM To: Carlton, Zachary Cc: Kathleen Heaney; Patti Kukowski; Rhonda Lewis; Jolene Klang Subject: FW: County Ditch Number 28 Zack, I have spoken with Kathy Heaney on this matter and can confirm that there is no drain tile or open ditch on said property. The tile line was repaired last year and is located across the street and does not pass through Mr. Weatherly's property. We did explore a sinkhole on his property and dug along the pond in his back yard and found nothing but buried stumps and no indication of any disturbed dirt where a tile line would have been installed along the pond several feet below the current grade when we were looking for the tile line that was repaired. Mike Lindenau Sherburne County Ditch Inspector From: Kathleen Heaney Sent: Friday, July 17, 2015 3:54 PM To: Rhonda Lewis; Mike Lindenau; Patti Kukowski Cc: Jolene Klang Subject: County Ditch Number 28 This involves Block 4 Lot 7 owned by Mr. Chad Weatherly. I spoke with Mr. Weatherly today. He is seeking to build an outbuilding on his land in a location where the building will encroach on the easement identified on the plat as the "drainage easement." Apparently the City of Elk River identified that they needed some documentation from the County in its capacity as the ditch authority. The legal issue that arose: did the dedication language on the plat dedicate the drainage easement to the County Drainage Authority on Block 4 Lot 7 of Weatherwood Plat, Doc No. 321180? Short Answer: No- there was no dedication of an easement to the Sherburne County Drainage Authority. A drainage easement is dedicated to the municipality in which the plat lies. The dedication language in the Weatherwood plat is..." have cause the same to be surveyed and platted as Weatherwood and de hereby donate and dedicate to the public for public use forever the Avenues, Streets and Circles and also dedicating to the public use forever the easements as shown on this plat for drainage and utility purposes and drainage purposes." In this case, the drainage easement was dedicated to the City of Elk River. See, Minnesota Statute 505.01, subd. 1. (See also Minnesota Statute 505.01, subd 3 which defines the drainage easement.) The County Drainage Authority has no legal interest in the drainage easement on this lot. I am not making an opinion on the manner of how the City deals with the existence of the easement and building locations. I defer to the City on that issue. It is my understanding based upon the conversations that I have had with Mike Lindenau in the past that the Sherburne County Drainage Authority (as established under Minnesota Statute Chapter 103E) has no drain tile nor open ditch on Lot 7, Block 4 of the Weatherwood plat as located in the City of Elk River Document Number 321180 and therefore no statutorily created legal interest. I do however defer to our County Engineer and County Ditch Inspector for their affirmation of the fact. Mike- please contact the City building person with this information.