d. Drain-release of right of way easements

Founded in 1939 MANFRED R. OHNSTAD 1914-1987 DUANE R. BREITLING" BRETT A. BRUDVIK WILLIAM J. BRUDVIK' JOHN P DOSLAND" SUSAN L. ELLISON" SEAN M. FREDRICKS' ROBERT G. HOY' JOHN A. JUELSON ROSS V. KELLER' MARSHALL W. McCULLOUGH, CPA ERIN A. MULDOON' MICHAEL D. NELSON" BRIAN D. NEUGEBAUER' ROBERT E. ROSENVOLD' JOHN 1. SHOCKLEY SARA K. SORENSON" DANIEL R. TWICHELL S. LEE VINJE DAVID L. WANNER PEGGY J. BUCHHOLZ, PLS Office Administrator ~ Ohnstad Twichell, P.C. ATTORNEYS AT LAW Practice in ell North Dakota end Minnesota courts Offices in West Fargo, Fargo, Hillsboro, Mayville, Page, Hope and Finley, North Dakota www.ohnstadlaw.com 'Also licensed in Minnesota August 8, 2006 Mr. Michael Montplaisir Cass County Auditor Courthouse P.O. Box 2806 Fargo, ND 58108-2806 RECEIVED 'AU6 11 2006 CASS COUNTY COMMISSION Re: Release of Easements on Cass County Drain 21C Dear Mr. Montplaisir: As you know, the Southeast Cass Water Resource District created Cass County Drain No. 21 C and maintains that project. Recently, in the course of reconstructing the drain, the Board found that the existing right of way on the project did not accurately depict the reconstructed drain. The existing right of way shows Cass County is actually the party that holds the drain right of way, in the form of Right of Way Easements, dating back to the 1960s. As you also know, the Cass County Drain Board was the predecessor to the water resource districts in Cass County, and that board created and maintained drains. Therefore, the Cass County Drain Board obtained all right of way in the name ofCass County. If you review some of the old right of way easements I have enclosed, you will find that Daniel R. Twichell and Duane R. Breitling created these Right of Way Easements and actually notarized them. Mr. Twichell and Mr. Breitling represented the Cass County Drain Board at the time. Since then, the Southeast Cass Water Resource District was created and that board currently maintains Cass County Drain No. 21 C. In an effort to clean up the title issues and to more accurately define the existing drain right of way, the Southeast Cass Water Resource District needs a release ofthe existing Right of Way Easements. Technically, Cass County is the party that must release these easements. With that in mind, I have enclosed four draft Releases in which Cass County releases and terminates the existing Right of Way Easements. Southeast Cass Water Resource District is in the process of obtaining new easements from the landowners for the reconstructed and existing right of way. I would appreciate it if you would have these four documents executed at your convenience. If you have any questions, please feel free to call me at 282-3249. Otherwise, please return the completed documents to me. SUGGESTED MOTION: Move to authorize the chairman to sign release ot right-ot-way easements on Cass County Drain 21 C.