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<br />Commission Minutes-January 2,2007 3164 <br /> <br />Mr. Pawluk said he is uncomfortable forcing the owner to do something he does not want to <br />do, but is sensitive to how this may delay a needed project. Mrs. Sorum asked if this is the <br />same stretch of road that citizens have voiced concerns about because of the steep ditches <br />and Mr. Berndt said this is the road in question. <br />MOTION, passed <br />Mr. Vanyo moved and Mrs. Sorum seconded to adopt Resolution #2007- <br />2, Declaring the Necessity to Take Land in Davenport Township and to <br />direct a special board consisting of the County Auditor, County <br />Treasurer and County Recorder to fix the damages for the taking. On roll <br />call vote, the motion carried with Mr. Vanyo, Mrs. Sorum, Mr. Bennett and <br />Mr. Wagner voting "Yes" and Mr. Pawluk voting "No". <br /> <br />RESOLUTION #2007-2 <br /> <br />WHEREAS, Plans have been prepared to construct safety improvements to <br />Cass County Highway 16; <br /> <br />WHEREAS, Additional property in Section 5 of Davenport Township is <br />required to construct the project; <br /> <br />WHEREAS, The Board of County Commissioners has been unable to <br />purchase the land required at the price which the board deems <br />reasonable; <br /> <br />WHEREAS, 24-05-09 and 24-05-10 of the North Dakota Century Code <br />authorize the Board of Commissioners to purchase, acquire, take <br />over or condemn under the right and power of eminent domain, <br />for such county, any and all lands which it deems necessary for <br />improving any highway; <br /> <br />NOW, THEREFORE, Be it resolved by the Cass County Board of <br />Commissioners that taking of the land in Davenport Township as described <br />below is hereby declared a public necessity. A special board consisting of the <br />County Auditor, the County Treasurer and the County Recorder shall fix the <br />damages for the taking: <br /> <br />THE SOUTH FORTY SEVEN (47) FEET. OF THE NORTH EIGHTY (80) FEET, OF THE NORTH HALF <br />(Ny:') OF SECTION FIVE (5), TOWNSHIP ONE HUNDRED THIRTY SEVEN (137) NORTH, RANGE <br />FIFTY ONE (51) WEST, OF THE FIFTH PRINCIPLE MERIDIAN, LESS THE EAST AND WEST THIRTY <br />THREE (33) FEET THEREOF; AND THE FOLLOWING DESCRIBED TRACT OF LAND: COMMENCING <br />AT THE NORTHEAST CORNER OF SAID SECTION FIVE (5); THENCE WESTERLY ALONG THE <br />NORTH LINE OF SAID SECTION FIVE (5) FOR A DISTANCE OF ONE THOUSAND TWO HUNDRED <br />FORTY 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 THIRTY THREE <br />(33) FEET, TO THE POINT OF BEGINNING; THENCE WESTERLY AND PARALLEL TO THE NORTH <br />LINE OF SAID SECTION FIVE (5) FOR A DISTANCE OF FIVE HUNDRED EIGHTY THREE AND <br />FORTY ONE HUNDREDTHS (583.41) FEET; THENCE SOUTHERLY AND PARALLEL TO THE EAST <br />LINE OF SAID SECTION FIVE (5) A DISTANCE OF FORTY SEVEN (47) FEET; THENCE EASTERLY <br />AND PARALLEL 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 NORTHERLY <br />AND PARALLEL TO THE EAST LINE OF SAID SECTION FIVE (5) A DISTANCE OF FORTY SEVEN <br />FEET. TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 500 ACRES. <br /> <br />Dated at Fargo, North Dakota, this 2nd day of January, 2007. <br /> <br />---_-....".,,~.......,'_.,~;'"'.,.""------, <br />