Laserfiche WebLink
1 <br /> <br /> Manager _____________ introduced the following resolution and moved its adoption: <br /> <br />RESOLUTION REQUESTING AUTHORIZATION <br />TO PERMANENTLY OBSTRUCT <br />RIGHT-OF-WAY AND SECTION LINE <br />(SWDCAI – Phase 1) <br /> <br /> WHEREAS, the Cass County Joint Water Resource District (the “District”) is a North <br />Dakota water resource district and political subdivision under Chapter 61-16.1 of the North Dakota <br />Century Code; and <br /> <br /> WHEREAS, the District is a member entity of the Metro Flood Diversion Authority (the <br />“Authority”) and has been tasked by the Authority to acquire all property interests necessary for <br />the Fargo-Moorhead Metropolitan Area Flood Risk Management Project (the “Comprehensive <br />Project”); and <br /> <br /> WHEREAS, one element of the Comprehensive Project is the storm water diversion <br />channel and associated infrastructure (“SWDCAI”); and <br /> <br /> WHEREAS, that portion of the SWDCAI that is located approximately between Interstate <br />29 near Harwood and the diversion outlet is known as Phase 1 of the SWDCAI; and <br /> <br /> WHEREAS, the location of Phase 1 of the SWDCAI is set forth on Exhibit A, and it <br />intersects those portions of 24th Street Southeast, 27th Street Southeast, 170th Avenue Southeast, <br />171st Avenue Southeast, and 172nd Avenue Southeast that are depicted in the color red on Exhibit <br />A; and <br /> <br /> WHEREAS, on April 22, 2021, the Authority, Cass County, and the District entered into <br />a Memorandum of Understanding (the “ROW MOU”), which outlined the roles and <br />responsibilities of the Authority, Cass County, and the District regarding road rights-of-way <br />acquired in North Dakota as part of land acquisition for the Comprehensive Project; and <br /> <br /> WHEREAS, in accordance with the ROW MOU, the Authority has directed Cass County <br />to acquire the road right-of-way of 24th Street Southeast, 27th Street Southeast, 170th Avenue <br />Southeast, 171st Avenue Southeast, and 172nd Avenue Southeast that will be impacted by Phase <br />1 of the SWDCAI (the “ROW”); and <br /> <br /> WHEREAS, also in accordance with the ROW MOU, the District now seeks, pursuant to <br />N.D.C.C. § 24-06-28, permission from Cass County to permanently obstruct the ROW and <br />underlying section lines with Phase 1 of the SWDCAI. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED, pursuant to N.D.C.C. § 24-06-28, that the <br />District hereby requests permission from Cass County to permanently obstruct the ROW and <br />underlying section lines in the areas depicted on Exhibit A for Phase 1 of the SWDCAI, with the <br />actual timing of obstruction dependent upon the commencement of construction of Phase 1 of the <br />SWDCAI as set forth in the ROW MOU.