02. Set public hearing for road rights-of-way
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02. Set public hearing for road rights-of-way
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V-1 <br />RESOLUTION #_______ <br />Commissioner _______________ introduced the following resolution and moved its <br />adoption: RESOLUTION TAKING OVER ROAD RIGHTS-OF-WAY AND GRANTING WRITTEN PERMISSION TO <br />PERMANENTLY OBSTRUCT THE SAME AND <br />THE UNDERLYING SECTION LINES (Component) <br /> WHEREAS, on ____________, 20__, the Cass County Commission received a request <br />from the Metro Flood Diversion Authority (the “Authority”) to take over and designate certain road rights-of-way identified on Exhibit A as part of the Cass County highway system; and WHEREAS, on _____________, 20__, the Cass County Commission received a request <br />from the Cass County Joint Water Resource District (“CCJWRD”) to permanently obstruct the <br />road rights-of-way and the underlying section lines with (Component) of the Fargo-Moorhead Metropolitan Area Flood Risk Management Project; and 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 WHEREAS, upon its receipt of the requests, the Cass County Commission scheduled a 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 /> WHEREAS, the Cass County Commission held a public hearing on the Authority’s and CCJWRD’s requests on ______________, 20___, at ______ p.m.; and <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 permanently obstruct the road rights-of-way and the underlying section lines. NOW, THEREFORE, BE IT RESOLVED by the governing body of Cass County, North <br />Dakota: <br /> Section 1. Takeover of Road Right-of-way. Pursuant to N.D.C.C. § 24-05-09, Cass County hereby deems it necessary, for its present use in altering the road rights-of-way, that Cass County permanently takes over the following road rights-of-way as shown on Exhibit A: <br /> <br /> [insert description of road rights-of-way] (the “ROW”)
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