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<br />RESOLUTION # 2007 -2 DECLARING NECESSITY TO TAKE LAND <br /> <br />WHEREAS. Plans have been prepared to construct safety improvements to Cass County <br />Highway 16: <br /> <br />WHEREAS, Additional property in Section 5 of Da\cnpOlt TO\"nship is required to construct <br />the project; <br /> <br />WHEREAS. The Board of County Commissioners has been unable to purchase the land <br />required at the price which the board deems reasonable: <br /> <br />WHEREAS. 24-05-09 and 24-05-10 of the North Dakota CentLII) code authorize the Board of <br />Commissioners to purchase, acquire, take over. or condemn under the right and <br />power of eminent domain. for such county. any and all lands which it deems <br />necessary for improving any highwa): <br /> <br />NOW THEREFORE, Be it resolved by the Cass County Board of Commissioners that taking of <br />the land in Davenport Township as described below is hereby declared a public necessity. A <br />special board consisting of the County Auditor, the County Treasurer and the County Recorder <br />shall fix the damages for the taking. <br /> <br />THE SOUTH FORTY SEVEN (47) FEET. OF THE NORTH EIGHTY (80) FEET, OF THE <br />NORTH HALF (Nlh) OF SECTION FIVE (5). TOWNSHIP ONE HUNDRED THIRTY SEVEN <br />(137) NORTH, RANGE FIFTY (51) WEST. OF THE FIFTH PRINCIPLE MERIDIAN, LESS <br />THE EAST AND WEST THIRTY THREE (33) FEET THEREOF: AND THE FOLLOWING <br />DESCRIBED TRACT OF LAND: COMMENCING AT THE NORTHEAST CORNER OF <br />SAID SECTION FIVE (5): THENCE WESTERLY ALONG THE NORTH LINE OF SAID <br />SECTION FIVE (5) FOR A DISTANCE OF ONE THOUSAND TWO HUNDRED FORTY <br />FIVE AND EIGHTY TWO HUNDREDTHS (1245.82) FEET: THENCE SOUTHERLY AND <br />PARALLEL TO THE EAST LINE OF SAID SECTION FIVE (5) FOR A DISTANCE OF <br />THIRTY THREE (33) FEET, TO THE POINT OF BEGINNING: THENCE WESTERLY AND <br />PARALLEL TO THE NORTH LINE OF SAID SECTION FIVE (5) FOR A DISTANCE OF <br />FIVE HUNDRED EIGHTY THREE AND FORTY ONE HUNDREDTHS (583.41) FEET: <br />THENCE SOUTHERLY AND PARALLEL TO THE EAST LINE OF SAID SECTION FIVE <br />(5) A DISTANCE OF FORTY SEVEN (47) FEET: THENCE EASTERLY AND PARALLEL <br />TO THE NORTH LINE OF SAID SECTION FIVE (5) FOR A DISTANCE OF FIVE <br />HUNDRED EIGHTY THREE AND FORTY ONE HUNDREDTHS (583.41) FEET: THENCE <br />NORTHERLY AND PARALLEL TO THE EAST LINE OF SAID SECTION FIVE (5) A <br />DISTANCE OF FORTY SEVEN (47) FEET. TO THE POINT OF BEGINNING. <br /> <br />SAID TRACT CONTAINS 5.00 ACRES <br /> <br />Dated at Fargo. North Dakota. this 2nd day ofJanual)'. 2007. <br /> <br />APPROVED: <br /> <br />Scott Wagner. Chairman <br />Cass County Commission <br /> <br />A TrEST: <br /> <br />Michael Montplaisir, County Auditor <br />Ca33 County. North Dakota <br /> <br />.l ,\..imm.[ug Ci.lmm:s~ion Corrsp,~006,rondemnatiun Resolutillll!()1 Han.. LlllJ ItH ( Ii) impnl\t'rtKllts dOl: <br /> <br />.,~-~ <br />