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. PETITION FOR S$T-OPFRFROM$OROPARTIAL ABANDONMENT <br />OF COUNTY DITCH <br />(To be filed xith the Sherburne County Auditor) <br />Date • 10 16/95 <br />This•Petition is for a; <br />Set-Off from County Ditch No. <br />x Partial Abandonment of County Ditch No. 1~0 <br />Person (or Persons) Filing this Petition: P1`_ea_se rint <br />Name: CITY OF ELK RIVER <br />Address ; 13065 ORONO IVER MN 55330 <br />Telephone. # : (~2) 441-4900 <br />Name: <br />Address: N A <br />Telephone #: <br />County Ditch No, to <br />Branch or legal description of area involved; <br />ORIGIN TO STATION 41 & 48 <br />Township or City of VER <br />. Section 34 Township 33 <br />Please state Range 26&SECS 2&3,TOWNSHIP 32, <br />feet that Your reasons for the petition: (Why do you RANGE 26 <br />wh do Youz property can be set-off from the ditch or <br />Y you feel that .the portion of the ditch serving your <br />Property can be abandoned?) <br />THE RECENTLY COMPLETED STORM SEW PROJECT gy THE C <br />RAINAGE IN THE AREA DTVF.R T TT ,.,,,....~..,. ,.,._.__ ACCOMODAT <br />in~;x~;r'ux~;, THE PORTION OF THE COUNTYy.. L "`~11 Lilcn SYSTEM) , <br />SERVES A EFUL PURPOSE. IN UESTION NO LONGER <br />Current law requires the Sherburne County Ditch Authority <br />to set a date to hear your petition and the Auditor to <br />publish the notice three consecutive times in the official <br />county newspaper. Other Property owners on the county ditCH <br />may attend the hearing and voice their opinions for or <br />against the granting of your petition. <br />Yaur petition can be granted by the Ditch Authority only <br />with the following findings of fact: <br />'~ Waters from the petitioner's <br />diverted from the drainage systemeoryahdam hasn <br />been lawfully constructed and the property cannot <br />use the drainage system. <br />x The property is not benefitted by the drainage <br />system and does not use or affect tha drainage <br />system. <br />• x Removing the property from the drainage system <br />will not prejudice the property owners and the <br />