1. Road/Orchrd Glen slide eros - Laserfiche WebLink

RECEIVEli CASS COUNTY COMMISSIOI'! AGREEMENT ~1 ,,() ( c (~p\\ )1.. ' MAR 7 2005 THIS AGREEMENT is made and entered into this - day of , 2005, by and between KATHERINE MURPHY, a single person, Fargo, North Dakota ("Murphy") and CASS COUNTY, NORTH DAKOTA, a political subdivision ("Cass County") . WHEREAS, Murphy is the owner of the following-described real property located in Cass County, North Dakota: [legal] ("Murphy Property"); and WHEREAS, Cass County, through a flood protection and flood buyout in the late 1990's is the owner of a large part of Chrisan Glen Subdivision, including, but not limited to the property adjacent and immediately to the east of the Murphy Property and described as follows: [legal] . and , WHEREAS, for undetermined purposes, which may include natural erosion along the river bank and the drainage of water ftom the apple orchard in Chrisan Glen Subdivision, the river bank on the Cass County property has begun to fail and the failure has now impinged on the Murphy Property to a lesser extent; and WHEREAS, the Murphy Property is substantially improved with a residence for Murphy, and the parties desire to take reasonable action to attempt to curtail the erosion of the river bank at its current location. NOW, THEREFORE, in consideration of the above recitals, the terms and conditions herein contained and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as fonows: 1. Coordinated through the efforts of Keith Berndt, Cass County's engineer, Cass County will establish, contract for and complete a remediation plan to either re-route the drainage from the apple orchard or install drainage pipe under the top soil to effect a drainage of the apple orchard directly into the river for the purposes of trying to eliminate the saturation of the soil in the current area of failure. Additionally, CaBS County will contract for the necessary and appropriate grading of the river bank and such other remedial procedures as may be appropriate to shore up the river bank to prevent further failure on to the Murphy Property. The specifics of Cass County's intended action is included on the attached Schedule 1.