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mrMnPAMMIM <br />TO: Mayor and City Council <br />City of Orono <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 />The 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 JentolLcci oti, property at 1295 Brier <br />Street in Orono. A drainage ditch runs through approximately <br />the center portion of their property 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 then runs westerly into unplatted <br />property currently owned by tied Dayton. <br />John Gerhardson states that the City has maintained <br />the culvert 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 tile line was possibly installed by the City in <br />the early 1900's, but does not believe that the City <br />constructed the ditch. A long time resident, however, insists <br />to the contrary. <br />The Jentoluccis claims chat the 'itch and culvert are <br />causing ponding water in their yard and want the City to clean <br />out the ditch to alleviate th- -idinq problem. <br />