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1998.11.02 RESO 1998-0036
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1998.11.02 RESO 1998-0036
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City Council
Document Type
Resolutions
Meeting Date
11/2/1998
Meeting Type
Regular
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i t <br />STATE OF MINNESOTA <br />RICE CREEK WATERSHED DISTRICT <br />COUNTIES OF ANOKA, HENNEPIN, <br />RAMSEY AND WASHINGTON <br />In the Matter of the PETITION FOR <br />Washington County OBSTRUCTION HEARING <br />Judicial Ditch Number 2 <br />WHEREAS, the State of Minnesota, District Court, County of Washington <br />duly ordered establishment of Judicial Ditch 2; <br />WHEREAS, the Rice Creek Watershed District petitioned the District Court <br />of Washington County, Minnesota, to take-over Judicial Ditch 2 with the' duty to <br />repair and maintain that ditch, <br />WHEREAS, based upon the petition, the District Court ordered that the Board <br />of Managers of the Rice Creek Watershed District take over Judicial Ditch 2 together <br />with the right to repair, maintain and improve it. <br />WHEREAS, the Board of Managers of the Rice Creek Watershed District <br />permitted the County of Washington to cross Judicial Ditch 2 and install roadway <br />culverts approximately three feet higher than the profile of Judicial Ditch 2 as planned <br />and originally constructed; <br />WHEREAS, the Board of Managers of the Rice Creek Watershed permitted the <br />Forest Lake Township to reconstruct a roadway crossing of Judicial Ditch 2 and install <br />culverts approximately four feet higher than the profile of Judicial Ditch 2 as planned <br />and originally constructed; <br />WHEREAS, installation of the culverts for these public improvements <br />obstructed and substantially lessened the hydraulic capacity and efficiency of Judicial <br />Ditch 2 as planned and originally constructed; <br />WHEREAS, the Chief Engineer employed by the Board of Managers of the <br />Rice Creek Watershed District investigated and gave notice of these obstructions; <br />WHEREAS, every owner of land damaged or assessed has a property right in <br />the maintenance of Judicial Ditch 2 in substantially the same condition as originally <br />constructed and such a property right cannot be divested or -damaged without due <br />process of law; <br />
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