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Joint Drainage Authority approves partial abandonment of branch in Stephen Swift Judicial Ditch No. 2, contingent on recorded private easement
Summary
The Stephen Swift Joint County Drainage Authority voted to grant a petition to partially abandon a branch of Judicial Ditch No. 2 after finding the segment will be replaced by private tile and that petitioners represent all benefited landowners; approval is contingent on a recorded private drainage easement.
The Stephen Swift Joint County Drainage Authority voted to approve a petition to partially abandon a branch of Stephen Swift Judicial Ditch No. 2, adopting draft findings and an order contingent on the petitioners recording a private drainage easement.
Cale, legal counsel to the drainage authority, opened the hearing by saying, "The reason we're here today is for a petition that was filed with the drainage authority, to partially abandon a portion of Stephen Swift Judicial Ditch 2." He told the board the petitioners — Randall and Shirley Cole; Patrick and Danita Ashman; RSK Triple LP; Clay Bend Farms Inc.; Outback 5 Inc.; and Gary and Rosella Marquardt — seek to remove the public right-of-way and maintenance obligation for the open ditch and instead install and maintain private tile connections.
The draft findings summarized the procedural record, attached exhibit A (a map showing the branch and a fork to the northeast), and…
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