The Mankato free press., 1915-08-20

Clerk of the District Court
STATE OF MINNESOTA. County OF
Blue Earth District Court Sixth
Judicial District
Petition For Public Ditch.
To W. l.. Comstock. Judge of the Dis
triCt Court of the County of Blue
Earth. state of Minnesota:
The undersigned land owners
whose lands will be liable to be af-
feCted by. or assessed for. the expense
of the construction Of the public
drain hereinafter described. would re
speCtfully represent that the public
health. convenience and welfare and
the reclamation OF wet and overflowed
lands require the establishment and
construction of a public drain along
the following described route in the
towns OF lie Ray and Mankato. i'm said
county Of Blue Earth. and that the
construction of the same would be of
public benefit and utility. and is nee
essary for the following reasons, to-
wit:
Some of the land proposed TO he
drained will be greatly benefited and
improved for agricultural purposes
and/that part thereof included in that
PORTION of Eagle Lake proposed to he
drained will be made suitable for ag-
riCultural purposes and Is now worth =
less. That portion of Eagle Lake pro-
posed to be drained Is a part of a
meandered lake and is normally shall
low and Of a marshy character and is
no longer of sufficient depth or vol
FvFan IN hn 80, az al L.,
use for fishing. boating or water sup
rly. and no incorporated city or viii
laEe is a riparian owner upon said
lake: and tho lands within that por-
tiOn of said lake proposed To be
drained can and will by said proposed
drainage be converted into valuable
agricultural lands and be taxed as
such
On the southeast quarter of section
one G) in township one hundred eight
(lOSD north Of range twenty six (26)
west. the right of way of the Wis
Consin. Minnesota. Pacific Railroad
company. now leased and operated by
the Minneapolis. st. Paul. Rochester &
Dubuque Electric Traction company.
crosses a meandered lake to- wit {:
Eagle Lake at a narrow part of said
lake and upon which said right of way
the railroad track upon which said
Minneapolis. St Paul. Rochester 4
Dubuque Electric Traction company is
now operating its trains and cars. and
which said railroad tracks. while
within the meandered lines OF said
lake is built upon fill and grade
through said lake leaving space
over which is constructed a railroad
bridge about tho middle of said lake,
where said right of way crosses the
same leaving an open space of about
fifty-five 1851 feet through which wa
ter passes from the northerly part OF
said lake to the southerly part of said
Like. and the petitioners herein re-
spectfully ask:
First: That a concrete dam be
built i'm said opening under said rail-
road track and upon said right of way
in said lake. the full width of said
opening through said right of way
making said dam about fifty-five (55)
feet IN length and Of such depth and
width as may be necessary i'm order
to hold. keep and maintain the water
in the northarly portion Of said Eagle
Lake. and by said northerly portion is
meant that part of said Eagle Lake ly-
ing northerly of the right of way of
said railroad track, at ordinary high
water mark. and to prevent such
northerly portion of said lake from be =
ing drained pursuant to the prayer of
this petition.
said dam. then to establish and con-
rsw .sal. - 4. H.
main ditch I'm the drainage system
herein referred to, and a general do
scription of the proposed starting
point, route and terminus of said main
ditch Is as follows:
Commencing at the southerly side
of and adjacent to said concrete dam
so to be constructed as hereinbefore
mentioned and then following as
nearly as practicable i'm a southerly
and easterfy direction through the
center of that portion OF said Eagle
Lake lying south of said railroad right
OF way and as nearly as practicable
along the center Of the current OF the
water flowing through said southerly
portion of said Eagle Lake to the out
let thereof at the south end of said
lake and then continuing along the
general course of the creek or stream
constituting the outlet of said lake In
a southerly direction through govern
ment lot four (4) in section seven tD
In township one hundred eight u0S)
north OF range twenty-five t25) west
and through and under culvert on
the east and west public highway
known as the Nankato and Madison
Lake road. and-on in a southerly di-
rection intp section eighteen t1SD In
said township and range and through
and under railroad bridge on the
right ofiway of the Chicago and North
western railroad track and on to the
south half OF the northeast quarter ol
said section eighteen 1S). and thence
in an ea5terly direction along the gen
eral course of said creek and on e
the northwest quarter of section sew
enteen (17D In said township and
range and thence southerly on TO ths
southwest dhafsef is6ff shfd isseefior
seventeen t17) and along said cfsei
to point where said creek crosses the