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Home My WebLink About85-010 (2) , STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS . RESOLUTION NO. f5=- /0 { RESOLUTION AUTHORIZING EXECUTION OF PETITION TO ABANDON COUNTY DITCH 12 AND SUBMISSION OF PETITION TO OF MANAGERS OF RICE CREEK WATERSHED DISTRICT BOARD WHEREAS, County Ditch No. 12 (the "Ditch"), Ramsey County, Minnesota is a ditch project which affects lands exclusively within the City of Arden Hills and the City of Shoreview in said County, and WHEREAS, the Ditch is no longer of public benefit and utility because (i) the Cities have installed drainage facilities in the area served by the Ditch, (ii) the properties surrounding the Ditch are no longer used for agricultural purposes, and (iii) the Ditch has ceased to perform its function and its restoration is not practical, and WHEREAS, WOODBRIDGE PROPERTIES, INC. ("Woodbridge") is the purchaser and developer of certain parcels of land within the area of the Ditch (with a segment of the Ditch lying thereon which no longer serves any function) and has agreed to pay all costs and expenses which may be incurred pursuant to Section 112.48, Subd. 1(5) (f) of Minnesota Statutes, as amended, and WHEREAS, the abandonment of the Ditch will be conducive to public health, convenience, and welfare, and WHEREAS, the proper authority to whom a petition for abandonment should be submitted is the Board of Managers of the Rice Creek Watershed District (the "District"), and WHEREAS, the form of petition for abandonment of the Ditch (the "Petition for Abandonment"), a copy of which is attached hereto and made a part hereof as Exhibit "A", prepared by Woodbridge and approved by the District sufficiently seeks the abandonment of the Ditch, . NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Arden Hills--pursuant to a vote--hereby approves the Petition for Abandonment and authorizes the Mayor to execute the same on behalf of the City of Arden Hills. . . BE IT FURTHER RESOLVED, that the Clerk-Administrator is hereby authorized and directed to provide a certified copy of this Resolution to the Board of Managers of the District as well as the City Manager for the City of Shoreview. BE IT FURTHER RESOLVED, that the Clerk-Administrator is hereby authorized and directed to attach appropriate Exhibits "An and "B" to the petition for Abandonment when it is signed by the Mayor and before it is submitted to the District. Passed by the Arden Hills City Council this cPJ2d, day of January, 1985. &~~~~ ert oodburn, Mayor - Attest: ~@h~ Charlotte McNiesh, Clerk-Administrator - 2 - . . . . , RICE CREEK WATERSHED DISTRICT PETITION FOR ABAImORMER'l' OF COURTY DITCH NO. 12 District: To the Board of Managers of the Rice Creek Watershed The undersigned hereby respectfully petition for the abandonment by the Rice Creek Watershed District of Ramsey County Ditch No. 12. WHEREAS, County Ditch is a ditch project within the City of Shoreviewl and No. 12, Ramsey which affects Arden Hills County, Minnesota, lands exclusively and the City of WHEREAS, said County Ditch No. 12 is no longer of public benefit and utility because of (i) installation of major storm sewers by the aforesaid Cities in the drainage area initially served by County Ditch No. 121 (ii) by reason of the general abandonment for agri- cultural uses of the lands formerly served therebYl and (iii) said Ditch has ceased to perform its function and its restoration is not practicall and WHEREAS, Woodbridge Properties, Inc., is the purchaser and developer of certain parcels of land wi thin' the area of said County Di tcn No. 12 (with a segment of said County Ditch No. 12 lying thereon which no longer serves any function) and has agreed to pay all costs and expenses which may be incurred pursuant to Minnesota Statutes Section 112.48 Subdivision l(S)(f)l and WHEREAS, said abandonment will be condusive to public health, convenience, and welfare. NOW THEREFORE, said City of Arden Hills and said City of Shoreview do hereby severally petition the Rice Creek Watershed District for abandonment of said County Ditch No. 12 by reason of the following: (a) The proposed action sought herein, namely the abandonment of said County Ditch No. 12, is hereby being sought in accord with Minnesota Statutes Sections 106.661 and 112.48 in order to permit the ~ ~\('''';~;-_).1~ H,~~..1 L:^I.~........*~ '""'. . : more effective and efficient development of the lands wi thin the area formerly serviced by said County Ditch No. 12 and to remove as an encum- brance of record the easements created for said Ditch. . (b) The lands and property assessed for the benefits of said County Ditch No. 12 are situated in the County of Ramsey, and in the municipalities of the City of Arden Hills and the City of Shoreviewand are more fully described upon Exhibit A attached hereto and made a part hereof. (c) The entire area serviced by said County Ditch No. 12 within the Rice Creek Watershed District shall be affected, more particularly those areas upon which the easement for said County Ditch No. 12 has been created as shown upon the map of said County Ditch No. 12 attached hereto as Exhibit B and made a part hereof. (d) The need and necessity for such abandonment is that said County Ditch No. 12 is no longer of public benefit and utility to the lands formerly served thereby and that said Ditch has ceased to function and its restoration is not practical by reason of the completion of major storm sewer systems as 'established by the municipalities serving said lands. The continued presence of the easement for said Ditch has become an impediment to the further productive development of the lands upon which said easement is iocated. (e) The abandonment of said County Ditch No. 12 will be condusive to public health, covenience, and welfare, including without limitation the removal of the easement thereof from those locations throughout the lands described upon said Exhibit A where permanent buildings and other improvements have been erected upon said unused easement, where unmaintained portions or segments of said ditch without inlets or outlets continue to exist, and where new development and improvement within the municipalities is deterred by reason of. the existence of the ditch easement upon proposed development sites. . - 2 - . . . (f) Woodbridge Properties, Inc., by its separate acknowlegement of this petition, has agreed to pay all costs and expenses which may be incurred in conjunction herewith, including the posting of any bonds or deposits in connection herewith. Repectfully submitted, CITY OF ARDEN HILLS CITY OF SHORE VIEW Bytf(~h~ I'ts P71~/ Date:9//dA-;1 4,:! Agreement to pay all costs as set forth in the above By Its , 1985 Date: , 1985 Petition. WOODBRIDGE PROPERTIES, INC. By Its L_ (.j)~ 1"6' {I.. f'nJ::/J~'~ Date: , 1985 - 3 - . . E X H I BIT A LANDS ASSESSED FOR CONSTRUCTION OF COUNTY DITCH NO. 12. RAMSEY COUNTY MINNESOTA: PARCEL A: PARCEL B: PARCEL C: PARCEL 0: PARCEL E: PARCEL F: PARCEL G: PARCEL H: The Southwest 1/4 of the Northwest 1/4, Section 26. Township 30. Range 23; The Northwest 1/4 of the Southeast 1/4. Section 27, Township 30, Range 23; The East 1/2 of the Southeast 1/4. Section 27. Township 30, Range 23; The Southwest 1/4 of the Southeast 1/4, Section 27. Township 30. Range 23; The North 60 acres of the Southwest 1/4. Section 26. Township 30. Range 23; The North 55 acres of the South 100 acres of the Southwest 1/4. Section 26. Township 30. Range 23; The South 45 acres of the Southwest 1/4, Section 26. Township 30, Range 23; Lexington Avenue Right-of-Way lying within the South- east 1/4, Section 27. Township 30. Range 23. 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