2. Road Dept Co 17 access issues

DRAFT July 5, 2005 Mr. Allan Enno A.J. Construction, Inc. 1168 Center Street West Fargo, North Dakota 58078 Re: Access to Cass County Highway 17. Dear Mr. Enno: We understand you have recently acquired the property included in Ruds Second Subdivision in Horace and plan to develop the property. We also understand that you are familiar with the Cass County Highway 17 Corridor Study that was adopted in 2002. The study report contains a plan for development access and right of way requirements for this area. The portions of the plan that pertain to the Horace area were shared with your consulting engineer, the City of Horace, and the previous property owner in March of 2005. The previous owner participated in the public input process in 2002 and was fully aware of the access plan laid out for Highway 17 by the study. The City of Horace was represented on the 2002 Cass 17 Study Review Committee. You were present during the May 2 and June 6, 2005 Horace City Council meetings when the county engineer emphasized that the proposed plat was inconsistent with the previously adopted plan and county policy. During the June 6, 2005 meeting, you were also made aware that the county commission had formally re-affirmed the access limitations and right of way requirements contained in the Corridor Study Plan. In spite of this knowledge, a plat was developed and presented to the City of Horace that was inconsistent with the Corridor Study and contrary to Cass County policy. On June 22, 2005 it was observed that you had recently constructed an access onto Cass County Highway 17 in Horace. You and your consulting engineer were aware of the county's drive permit requirements prior to constructing the access. During a June 22, 2005 telephone conversation with the county engineer, you indicated that you had not applied for an access permit from the county because you felt the application would be turned down.