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Execution Version <br /> <br />Such takeover will become effective immediately upon the adoption of this resolution. In <br />conjunction with the takeover, Cass County hereby designates the ROW as part of the Cass County <br />highway system. <br /> <br /> Section 2. Permanent Obstruction. Pursuant to N.D.C.C. § 24-06-28(1), Cass County <br />hereby grants CCJWRD’s request to permanently obstruct the ROW with the Red River Control <br />Structure of the Fargo-Moorhead Metropolitan Area Flood Risk Management Project. CCJWRD <br />will provide advanced notice to Cass County of the timing for when the permanent obstruction <br />will commence. Until such time, the ROW will remain open for public travel unless otherwise <br />temporarily obstructed by, or with authorization from, Cass County. <br /> <br /> Section 3. North Dakota Law Applies. This resolution will be controlled by the laws <br />of the State of North Dakota, and any claims arising out of or pertaining to this resolution will be <br />filed, heard, and decided in the state district court of Cass County, North Dakota, which will have <br />exclusive jurisdiction and venue. <br /> <br /> Section 4. Effective Date. This resolution will take effect immediately upon adoption. <br /> <br /> Section 5. Electronic Signatures. Electronic signatures to this resolution shall be valid <br />as original signatures and shall be valid to bind the Authority. For purposes hereof: (i) “electronic <br />signature” means a manually signed original signature that is then transmitted by electronic means; <br />and (ii) “transmitted by electronic means” means sent in the form of a facsimile or sent via the <br />internet as a portable document format (“pdf”) or other replicating image attached to an electronic <br />mail or internet message. <br /> <br /> <br />(Remainder of page intentionally left blank.) <br />