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<br />RECEIVEl.; <br /> <br />L <br /> <br />CASS COUNTY COMM/SSIOt-' <br /> <br />AGREEMENT <br /> <br />L lC~D'l0e <br /> <br />,,/ <br /> <br />MAR 7 2005 <br /> <br />THIS AGREEMENT is made and entered into this _ day of , <br />2005, by and between a single person, Fargo, North Dakota <br />("Murphy') and CASS COUNTY, NORTH DAKOTA, a political subdivision ("Cass <br />County"), <br /> <br />WHEREAS, Murphy is the owner of the following-described real property located in <br />Cass County, North Dakota: <br /> <br />[legal] <br />("Murphy Property"); and <br /> <br />WHEREAS, Cass County, through a flood protection and flood buyout in the late 1990's <br />is the owner of a large part of Chrisan Glen Subdivision, including, but not limited to the <br />property adjacent and immediately to the east of the Mutphy Property and described as follows: <br /> <br />[legal] <br /> <br />. and <br />, <br /> <br />WHEREAS, for undetermined purposes, which may include natural erosion along the <br />river bank and the drainage of water from the apple orchard in Cbrisan Glen Subdivision, the <br />river bank on the Cass County property has begun to fail and tbe failure has now impinged on <br />the Murphy Property to a lesser extent; and <br /> <br />WHEREAS, the Murphy Property is substantially improved with a residence for Murphy, <br />and the parties desire to take reasonable action to attempt to curtail the erosion of the river bank <br />at its current location. <br /> <br />NOW, THEREFORE, in consideration of the above recitals, the terms and conditions <br />herein contained and for other valuable consideration, the receipt and sufBciency of which is <br />hereby acknowledged, the parties agree as fonows: <br /> <br />1. Coordinated through the efforts of Keith Berndt, Cass County's engineer, Cass County <br />will establish, contract for and complete a remediation plan to either re-route the drainage frQD1 <br />the apple orchard or install dr~e pipe under the top soil to effect a drainage of the apple <br />orchard directly into the river for the purposes of trying to eliminate the saturation of the soil in <br />the CWTent area of failure. Additionally, Cass County will contract for the necessary and <br />appropriate grading of the river bank and such other remedial procedures as may be appropriate <br />to shore up the river bank to prevent further faUure on to the Murphy Property, The specifics of <br />Cass County's intended action is included on the attached Schedule 1, <br />