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N <br />MEMORANDUM <br />TO: Mayor and City <br />Council <br />'21ty Ut ULOnU <br />FROM: Thomas J. Radio <br />City Attorney <br />RE: Clean Out of Jentolucci Drainage Ditch <br />Legal File No. 3857-082 <br />DATE: January 14, 1985 <br />INTRODUCTION <br />Tile Council has requested a legal opinion regarding <br />the City's responsibility and liability for the maintenance of <br />a ditch upon private property owned by Alex and Diane <br />Jentolucci. <br />FACTS <br />Alex and Diane Jentolucci own property at 1295 Briar <br />Street in Orono. A drainage ditch runs through approximately <br />tire center portion of their pruperty in an east -west <br />direction. The ditch, approximately 150 feet in length, <br />extends from a culvert which runs under Briar Street to a tile <br />line. This tile line tile', runs westerly into unplatted <br />property currently owned uy lied r:::yton. <br />John Gerhardson states tha <br />rile culvert : the City has maintained <br />to its outer edge for at least 18 years, with the <br />most recent repair being three to four years ago. He also <br />states that the the line was possibly installed by the Cit <br />the early 19. 's, but does not believe that the City <br />constructed Y in <br />to the contrary. ditch. A long time resident, however, insists <br />The Jentoluccis claims that the ditch and culvert are <br />causing ponding water in their yard and want the City to clean <br />Out the ditch tU alleviate the ponding problem. <br />2-7 <br />