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Execution Version <br />RESOLUTION #13 <br /> <br />Commissioner _______________ introduced the following resolution and moved its <br />adoption: <br /> <br />RESOLUTION TAKING OVER ROAD RIGHTS-OF-WAY <br />AND GRANTING WRITTEN PERMISSION TO <br />PERMANENTLY OBSTRUCT THE SAME <br />(Red River Control Structure) <br /> <br /> WHEREAS, on or about September 7, 2021, the Cass County Commission received a <br />request from the Metro Flood Diversion Authority (the “Authority”) to take over and designate <br />certain road rights-of-way identified on Exhibit A as part of the Cass County highway system; and <br /> <br /> WHEREAS, on or about September 7, 2021, the Cass County Commission received a <br />request from the Cass County Joint Water Resource District (“CCJWRD”) to permanently obstruct <br />the road rights-of-way with the Red River Control Structure of the Fargo-Moorhead Metropolitan <br />Area Flood Risk Management Project; and <br /> <br /> WHEREAS, in conjunction with their above-described requests, the Authority and <br />CCJWRD provided notice to property owners within 1,000 feet of the road rights-of-way of such <br />requests; and <br /> <br /> WHEREAS, upon its receipt of the requests, the Cass County Commission scheduled a <br />public hearing to consider the requests and provided notice to property owners within 1,000 feet <br />of the road rights-of-way of the date and time for the public hearing; and <br /> <br /> WHEREAS, the Cass County Commission held a public hearing on the Authority’s and <br />CCJWRD’s requests on October 18, 2021, at 3:30 p.m.; and <br /> <br /> WHEREAS, the Cass County Commission now desires to grant the Authority’s request <br />for Cass County to take over the road rights-of-way and to grant CCJWRD’s request to <br />permanently obstruct the road rights-of-way. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the governing body of Cass County, North <br />Dakota: <br /> <br /> Section 1. Takeover of Road Right-of-way. Pursuant to N.D.C.C. § 24-05-09, Cass <br />County hereby deems it necessary, for its present use in altering the road rights-of-way, that Cass <br />County permanently takes over the following road rights-of-way as shown on Exhibit A: <br /> <br />That portion of the roadway commonly referred to as Pfiffer Drive presently located <br />upon Section 6 of Township 137 North, Range 49 West, Cass County, North <br />Dakota <br /> <br />(the “ROW”).