7b. County Hwy 25 in Oxbow-Memorandum of Agreement

Cass County Highway 25—South Gravel Section Memorandum of Agreement Cass County Government, Fargo-Moorhead Flood Diversion Authority, Cass County Joint Water Resource District, the City of Oxbow, and the Oxbow Job Development Authority Background: The Cass County Joint Water Resource District's ("CCJWRD") Oxbow-Hickson-Bakke flood risk reduction project (Project) includes features such as levee construction, drainage projects, recreation features, and other project components near and within the Cass County Right of Way or Easement of Cass County Highway 25 (Cass 25). In addition, the City of Oxbow will be constructing a new development (Development) within and over the existing Cass 25 Right of Way or Easement. In addition, it is understood that the Oxbow Job Development Authority will be constructing a portion of the new golf course (Golf Course) within the Cass 25 Right of Way or Easement. Cass 25 is currently owned and maintained by the Cass County Government. The Project, the Development, and the Golf Course will impact the length of Cass 25 from Cass Highway 18 north to Cass Highway 81 (Cass 81). This agreement will include the gravel section of Cass 25 from Cass Highway 18 north approximately 2,600 feet. Provisions of Agreement: Cass County Highway 25—Gravel Section,Approximately 2,600 Feet: CCJWRD is authorized to construct Project features within the Right of Way or Easement of Cass Highway 25. These features will require the elimination of the south half of Cass 25 for the construction of the Project, the Development, and the Golf Course. The portion of Cass Highway 25 to be eliminated will include the portion starting at Cass Highway 18 and ending at a point approximately 2640 feet north. The existing Right of Way or Easement for Cass Highway 25 that falls under the foot print of the Project, the Development, and the Golf Course will be deeded to CCJWRD. CCJWRD will further deed appropriate portions to the Fargo- Moorhead Flood Diversion Authority, the City of Oxbow, the Oxbow Job Development Authority and, when an agreement with it has been reached, to Oxbow Golf & Country Club. Cass County relinquishes all interest in this portion of Cass Highway 25. Funding: Project capital costs related to the construction of the Project within the Cass County Right of Way will be advanced by the CCJWRD. Cass County will not be responsible for future maintenance within the limits of Cass 25 to be eliminated and the maintenance of these areas will be the responsibility of CCJWRD or, upon approval of Cass County, its assignee. Cass County will deed existing Cass 25 Right of Way or Easement for the Gravel Section to CCJWRD. Cass County will deed the Right of Way or Easement at no cost to CCJWRD. C:\Users\wordenh\Desktop\MOA Cass 25.docx