01-January 26, 2023 Planning Commission Meeting Packet

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 PARCEL That part of the West Half of the West Half of Section 36, Township 139 North, Range 52 West of the Fifth Principal Meridian, Cass County, North Dakota, described as follows: Commencing at the northwest corner of said Section 36; thence South 02°29’30” East, along the westerly line of said Section 36, for a distance of 660.00 feet to the True Point of Beginning; thence continue South 02°29’30” East, along the westerly line of said Section 36, for a distance of 1234.45 feet; thence North 68°41’08” East for a distance of 130.02 feet to a point of tangential curvature to the left, radius 200.00 feet; thence northeasterly along said curve, for a distance of 187.79 feet, central angle 53°47’55”; thence North 14°53’13” East for a distance of 676.40 feet to a point of tangential curvature to the right, radius 100.00 feet; thence northeasterly, along said curve, for a distance of 98.06 feet, central angle 56°11’06”; thence North 71°04’20” East for a distance of 832.65 feet to a point of intersection with the easterly line of the West Half of the West Half of said Section 36; thence North 02°31’17” West, along the easterly line of the West Half of the West Half of said Section 36, for a distance of 332.35 feet; thence South 78°10’11” West for a distance of 1334.72 feet to the True Point of Beginning. Said tract contains 18.325 acres, more or less.