10 - October 27, 2022 Planning Commission Meeting Packet

WHEREAS, this DEED RESTRICTION shall run with the land in perpetuity and be binding on all owners, successors, heirs, assigns, lessees, users, or parties having or acquiring any right, title, or interest in the restricted parcel herein described or any part thereof. WHEREAS, the restricted parcel described herein meets the criteria established in Section 308 of the Cass County Subdivision Ordinance. WHEREAS, this DEED RESTRICTION shall expire at such time any of the exceptions under Section 309.02 of the Cass County Subdivision Ordinance, and any amendment thereto, apply to the restricted parcel described herein. Upon the written request of any interested party, the Cass County Engineer is authorized to record an instrument with the Cass County Recorder, which declares such an exception applies to the restricted parcel described herein and the DEED RESTRICTION is expired. 3. VIOLATION OF DEED RESTRICTION In the event of a violation of this DEED RESTRICTION, the penalties and remedies provided under Section 906 (Penalties and Violations) of the Cass County Subdivision Ordinance and North Dakota law shall apply. 4. LEGAL DESCRIPTION OF THE RESTRICTED PARCELS The E½NE¼ and the East 440 feet of the W½NE ¼ of Section 3, Township 138 North, Range 52 West, Cass County, North Dakota, less the following described tracts: 1. Auditor’s Lot 1 of the East Half of Section 3, Township 138 North, Range 52 West, Cass County, North Dakota; 2. Lots 1 and 2, Block 1, Jahnke 1st Subdivision; and 3. The following described parcel located in the NE ¼ of Section 3, Township 138 North, Range 52 West: Commencing at the Northeast Corner of the Northeast Quarter of said Section 3; thence South 87°26'18" West (assumed bearing), along the northerly line of the Northeast Quarter of said Section 3, for a distance of 510.00 feet to the True Point of Beginning; thence continue South 87°26'18" West, along the northerly line of the Northeast Quarter of said Section 3, for a distance of 338.00 feet; thence South 01°06'29” East for a distance of 595.71 feet; thence North 87°32'29" East for a distance of 352.02 feet; thence North 02°27'23” West for a distance of 596.16 feet to the True Point of Beginning.