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<br />
<br />Ohnstad Twichell, p.e.
<br />ATTORNEYS AT LAW
<br />Founded in 1939
<br />
<br />Practica in all Nonh Dakota
<br />and Minnelota courts
<br />
<br />Offices in West Fargo, Hillsboro, Mayville, Page, Hope and Finley, North Dakota
<br />www.ohnstadlaw.com
<br />
<br />. Also licensed in Minnesota
<br />
<br />MANFRED R. OHNSTAD 1914-1987
<br />
<br />DUANE R. BREITLING'
<br />BRETT A. BRUDVIK
<br />WILLIAM J. BRUDVIK'
<br />JOHN P. DOSLAND', 01 Counsel
<br />SUSAN L. ELLISON'
<br />SEAN M. FREDRICKS'
<br />ROBERT G. HOY'
<br />JOHN A. JUELSON
<br />ROSS V. KELLER'
<br />MARSHALL W. McCULLOUGH, CPA
<br />CHRISTOPHER M. McSHANE'
<br />ERIN A. MULDOON'
<br />MICHAEL D. NELSON'
<br />BRIAN D. NEUGEBAUER"
<br />ROBERT E. ROSENVOLD'
<br />JOHN T. SHOCKLEY'
<br />SARA K. SORENSON'
<br />DANIEL R. TWICHELL, Of Counsel
<br />S. LEE VINJE
<br />DAVID L. WANNER
<br />
<br />PEGGY J. BUCHHOLZ, PlS
<br />Office Administrator
<br />
<br />September 12,2007
<br />
<br />HAND-DELIVERED
<br />
<br />Ms. Heather Worden
<br />Cass County Commission
<br />211 Ninth Street South
<br />Fargo, ND 58103
<br />
<br />Re: Southeast Cass Water Resource District -- Drain 27 Right of Way
<br />
<br />Dear Ms. Worden:
<br />
<br />"D
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<br />
<br />SEP 12 20071
<br />
<br />.'li.8S COUNTY COMMISSION
<br />
<br />As we discussed previously, there is another drain right of way issue that the County and Southeast
<br />Cass Water Resource District should address at the County Commission's meeting on the 17th.
<br />BRR Properties, LLC, and Frederick J. Schlanser recently purchased the property in the
<br />Southeast Quarter of Section 5 in Stanley Township. This is another situation in which the old
<br />Cass County Drain Board acquired drain right of way, this time for Drain 27. In 1907, the County
<br />acquired right of way in the Southwest Quarter of the Southeast Quarter of Section 5 in 1907. For
<br />whatever reason, Drain 27 does not actually run through the Southwest Quarter of the
<br />Southeast Quarter. Instead, the drain runs through the Southeast Quarter ofthe Southeast Quarter.
<br />With that in mind, BRR Properties, LLC, and Mr. Schlanser have requested that Southeast Cass
<br />release the right of way in the Southwest Quarter of the Southeast Quarter since it is not necessary
<br />for Drain 27. Obviously, Southeast Cass does not have the authority to convey real property owned
<br />by Cass County. However, in reviewing the situation, Southeast Cass did agree to request that
<br />Cass County release the right of way in the Southwest Quarter of the Southeast Quarter to
<br />BRR Properties, LLC, and to Mr. Schlanser in exchange for an extra 25 feet of drain right of way
<br />on the west side of the drain in the Southeast Quarter of the Southeast Quarter (property also
<br />purchased by BRR Properties, LLC, and Mr. Schlanser). BRR Properties, LLC, and Mr. Schlanser
<br />agreed to the exchange, and I expect to receive signed Quit Claim Deeds from both ofthem before
<br />the Commission's meeting on the 17th.
<br />
<br />Southeast Cass requests that the County execute the enclosed Quit Claim Deeds in favor of
<br />BRR Properties, LLC, and Mr. Schlanser to release the unneeded right of way in the Southwest
<br />Quarter of the Southeast Quarter of Section 5, contingent upon my receipt ofthe Quit Claim Deeds
<br />regarding the extra 25 feet of drain right of way on the west side of Drain 27.
<br />
<br />ALERUS FINANCIAL BUILDING. 901 13TH AVENUE EAST. P.O. BOX 458. WEST FARGO, ND 58078-0458' (701) 282-3249. FAX (701) 282-0825
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