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<br />v. <br />That, as to the twenty (20) foot easement area described <br />above, all of said description as to Parcels 1 through 4 and <br />part of Parcel 5 is already devoted to a public use as follows: <br />(a) In 1907, the County of Ramsey established County <br />Ditch No. 5 and the same was constructed shortly thereafter <br />and remains in continuous use for the purpose of containing and <br />dispersing storm waters. <br />(b) Between the years 1941 and 1945, said county ditch, <br />as it pertains to the parcels described above, was converted <br />by Ramsey County to an underground twenty-four inch concrete <br />storm sewer line, with appurtenances, to serve the same purpose <br />as the county ditch. <br />(c) In 1961, contemporaneous with the beginning of <br />construction of Interstate 35W, the State of Minnesota, after <br />approval by the County of Ramsey and notice to property owners, <br />partially realigned County Ditch No. 5 (as converted to an <br />underground storm sewer system as set forth above) . <br />WHEREFORE, Petitioner prays for an order and decree <br />of this Court: <br />I. Taking, appropriating and condemning perpetual <br />easements for the purpose of constructing, maintaining, <br />operating and repairing underground storm sewer mains, pipes <br />and appurtenances under and across the lands hereinabove <br />described, together with ingress and egress. <br />2. That is be adjudged and determined that the use <br />for which such lands are sought to be taken is for a public <br />use and that this taking is authorized by law. <br />3. That three competent and disinterested persons, <br />residents of Ramsey County, Minnesota, be appointed as commissioners <br />