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<br />Founded in 1939 <br /> <br />1.1ANFRED R 'Jf+r3';': <br /> <br />C>LW,E R BREI1 UNi. <br />SRErT A BRUDVII<. <br />WILLIAM J. BRUDVIK' <br />JOHN P DOSLANO' <br />SUSAN L ELLISON' <br />SEAN M. FREDRICKS' <br />ROBERT G. HOY' <br />cOHN A JUELSON <br />ROSS If. KELLER' <br />f,,1ARSHALL W McCULLrJl;C:iH. I '!~l",:\ <br />ERIN A MULDOON' <br />MICHAEL D. NELSmr <br />BRIAN D. NEUGEBAUU( <br />ROBERT E. ROSENVOi. D' <br />JOHN T SHOCKLEY <br />SARA K. SORENSON' <br />DANIEL R. TWICHELL <br />S LEE VINJE <br />DAVID L WANNER <br /> <br />PEGGY J. BUCHHOLl <br />0fflce Admmistratol <br /> <br />~ <br /> <br />Ohnstad Twichell, p.e. <br />ATTORNEYS AT LAW <br /> <br />Practice In all North Dakota <br />and Minnesota courts <br /> <br />Offices in West Fargo. Fargo. I-lillsboro. Mayviile, Page. Hope and Finley N'Jrth Dakota <br />www.ohnstadlaw.com <br /> <br />RECEIVED <br />fJUL~ 31 ..; <br /> <br />. Aiso liGl 'nsl'd III MH)ne~)\:>la <br /> <br />CABS COUNT\' COMMlSOON - <br /> <br />July 27,2006 <br /> <br />Mr. Michael Montplaisir <br />Cass County Auditor <br />P.O. Box 2806 <br />Fargo, NO 58108-2806 <br /> <br />RE: Assignment of Pipeline Easement; Lot 1, Block 1, of Holmen's Second Subdivision in <br />Horace, North Dakota <br /> <br />Dear Mr. Montplaisir: <br /> <br />As you may know, the Southeast Cass Water Resource District created an assessment district for the <br />construction and maintenance of Drainage Improvement District No. 2001-4, in the Holmen's and <br />Brink's Subdivisions in Horace, North Dakota. The purpose of the project was construction and <br />maintenance of ditches, drains, and pump stations in those subdivisions. The vote passed and the <br />Southeast Cass Board has been collecting assessments and maintaining this project since then. <br /> <br />The Southeast Cass Board would like to assign its interests in the project to the City of Horace. <br />Currently, the Board is in negotiations with the City for the City's assumption of responsibility of <br />operation and maintenance of the improvements until the bonds which financed the improvements <br />are retired. One of the issues the Southeast Cass Board wants to resolve in conjunction with its <br />agreement with Horace is ownership ofthe concrete structure that our spillway dumps into on Lot 1, <br />Block L of Holmen's Second Subdivision. <br /> <br />Lot 1, Block 1, is currently owned by Joe and Diane Henricks. However, there is a drain pipeline <br />easement of record in favor of Cass County on Lot 1, Block 1, which shows that Cass County owns <br />this structure. A copy ofthat drain pipeline easement is enclosed. From a review of the title on this <br />property, it looks as though Cass County acquired this parcel through tax forfeiture proceedings and <br />granted itself this drain pipeline easement, before conveying the property. However, Southeast Cass <br />has been maintaining this structure. With that in mind. it makes sense for Cass County to assign its <br />easement and ownership of the structure to the Southeast Cass Board. The Southeast Cass Board <br />will in tum assign the easement and ownership of this structure to the City of Horace once they take <br />over maintenance of Drainage Improvement District No. 2001-4. <br /> <br />SUGGESTED MOTION: <br />Move to authorize the chairman to sign an assignment of a drain pipeline <br />easement for Lot 1 Block 1 Holmen's 2nd Subdivision. <br /> <br />X ALERUS FINANCIAL BUILDING. 901 13TH AVENUE EAST. P.O. BOX 458 .WEST FARGO, NO 58078-0458. (701) 282-3249. FAX (701) 282-0825 <br />U AlERUS FINANCIAL BUilDING. 15 BROADWAY SUITE 500 . P.O. BOX 2765 . FARGO. NO 58108-2765. (701) 280-5801 . FAX (701) 280-5803 <br />