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<br />. <br /> <br />. <br /> <br />. <br /> <br />FINDINGS AND ORDER <br /> <br />SHERBURNE COUNTY BOARD OF COMMISSIONERS <br /> <br />~ ry, ttf~1 <br />DATE <br /> <br />OLO?;q~ . Av. q$ <br /> <br />Number <br /> <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 /> <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 /> <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 /> <br />NOW, THEREFORE, THE SHERBURNE COUNTY BOARD OF COMMISSIONERS as the <br />Sherburne County Ditch Authority, HEREBY MAKES THE FOllOWING: <br /> <br />RESOLUTION <br /> <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 /> <br />1. the City of Elk River by resolution accept the conveyance of the same; <br /> <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 /> <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 /> <br />4. that the portion of the ditch being conveyed is no longer subject to Minnesota <br />Statutes; <br /> <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 />