2. Land use agreements-Kensington Place
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2. Land use agreements-Kensington Place
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<br />LAND USE AGREEMENT AND EASEMENT <br /> <br />THIS AGREEMENT, is made and entered into this _ day of <br />,2006, by and between STEVEN A. HUBER and CHRISTINE _' HUBER, <br />husband and wife ("Owner"), CASS COUNTY, a political subdivision of the State of North Dakota, <br />whose post office address is P.O. Box 2806, Fargo, North Dakota 58108-2806 ("Cass County"), and <br />RED RIVER REGIONAL COUNCIL a North Dakota nonprofit corporation, whose post office <br />address is Chase Building, 516 Cooper Avenue, Suite 101, Grafton, North Dakota 58237 ("RRRC"). <br /> <br />RECIT ALS <br /> <br />A. Owner owns that certain property in Cass County, North Dakota at 10206 6th Street <br />South, Fargo, North Dakota, and legally described as follows: <br /> <br />Lot 2, Block I, Kensington Place Second Addition, Cass County, North Dakota. <br /> <br />(the "Property"). <br /> <br />B. The Property lies adjacent to the Red River. The Property has suffered riverbank <br />slumping and rotational slope failures and, as a result, the Property's grade has changed, septic lines <br />are exposed, certain portions of the Property present safety hazards, and the general value of the <br />Property has decreased. <br /> <br />C. RRRC assists landowners with the restoration, protection, and effective management <br />of riparian areas. RRRC provides technical assistance and cost-share for activities necessary to <br />complete riparian area and channel restoration, and river bank stabilization activities in accordance <br />with the rules and regulations ofthe North Dakota Department of Health and the US Environmental <br />Protection Agency's Section 319 program. <br /> <br />D. Owner, along with other landowners in the Kensington Place Subdivisions in Stanley <br />Township, Cass County, North Dakota, approached the Southeast Cass Water Resource District ("SE <br />Cass") and RRRC, and requested that SE Cass and RRRC construct and assist in financing a <br />riverbank reconstruction and drain field relocation project along the Red River for the benefit ofthe <br />Property and the other adjacent properties, a project commonly referred to as the Kensington Place <br />Riverbank Stabilization Project No. 2005-1 (the "Project"). <br /> <br />E. SE Cass conducted proceedings in accordance with its statutory authorities under <br />N.D. Cent. Code Chapter 61-16.1 to create a special assessment district to assist in financing the <br />Project. SE Cass and RRRC entered into an agreement under which RRRC agreed to, among other <br />things, let enter into, and administer all contracts regarding the Project. RRRC developed a design <br />for the riverbank stabilization portion of the Project to reduce the probability of continued riverbank <br />slumping. <br /> <br />F. RRRC requires local sponsors for its projects. Cass County and RRRC are <br />cooperating regarding RRRC's administration of the Project, and to reduce the potential for future <br />slumping and riverbank failures, Cass County requires certain restrictions regarding the properties <br />involved in the Project in consideration for its participation. <br /> <br />-1- <br />
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