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<br /> <br />Manfred R Ohnstad 1914 - 1987 <br /> <br />Duane R Breltllng* <br /> <br />Brett A. Brudvlk* <br /> <br /> <br />William J. Brudvlk* <br /> <br /> <br />John P Dosland,* Of Counsel <br /> <br /> <br />Susan L Elllson* <br /> <br /> <br />Sean M Fredrlcks* <br /> <br /> <br />Errn A. Muldoon Haug* <br /> <br /> <br />Robert G. Hoy* <br /> <br /> <br />John A. Juelson <br /> <br /> <br />Ross V Keller* <br /> <br />Marshall W McCullough <br /> <br /> <br />Christopher M. McShane* <br /> <br /> <br />Michael D. Nelson* <br /> <br /> <br />Bnan D. Neugebauer* <br /> <br /> <br />Robert E Rosenvold* <br /> <br /> <br />John T Shockley* <br /> <br /> <br />Sara K. Sorenson* <br /> <br />Daniel R. TWichell, Retired <br /> <br /> <br />S Lee Vinje <br /> <br /> <br />David L. Wanner <br /> <br />Peggy J. Buchholz, PLS <br />Office Administrator <br /> <br />* Also licensed In Minnesota <br /> <br />Your life. Your law firm. <br /> <br />October 13,2008 <br /> <br />RECEIVED <br />OCT 1 5 200!" <br /> <br />Ms. Heather Worden <br />Cass County Commission <br />211 Ninth Street South <br />Fargo, ND 58103 <br /> <br />CASS COUNTY COMMISSION <br /> <br />Re: <br /> <br />Southeast Cass Water Resource District <br />NDDOT Request for Temporary Easements <br /> <br />Dear Heather: <br /> <br />You will recall that in 2007, the Southeast Cass Water Resource District requested a <br />transfer of drain right of way from Cass County to Southeast Cass so Southeast Cass <br />could grant the North Dakota Department of Transportation a temporary construction <br />easement over Drain 10 right of way. As a brief reminder, the Cass County Drain Board <br />constructed many of the old drains and facilities now owned by the water resource <br />districts in the County, before the creation of water resource districts as separate political <br />subdivisions. However, the property records obviously did not automatically transfer <br />drain right of way ownership to the water resource districts. With that in mind, the <br />County is still technically the legal titleholder of substantial amounts of drain right of <br />way in the County. <br /> <br />As I explained to the Cass County Commission in 2007, all ofthe water resource districts <br />are undergoing a review of their drain right of way so the County can transfer all right <br />of way in Cass County's name to the applicable water resource districts. As you can <br />imagine, this is a large undertaking, but we hope to accomplish this transfer sometime <br />soon, in a manner that is simple for the Cass County Commission. However, in the <br />meantime, NDDOT has now requested additional temporary construction easement over <br />Drain 10 right of way on NDDOT's 12th Avenue Project (the same project for which it <br />required temporary easements last year that necessitated our previous transfer). Enclosed <br />for your review and convenience is a copy of the correspondence and supporting <br />documents from NDDOT's consultant regarding this request. <br /> <br />Enclosed are copies of existing drain right of way regarding Drain lOin the <br />Northwest Quarter of Section 2 ofBames Township, and the South Half of Section 35 <br />in Reed Township. Also enclosed are draft Quit Claim Deeds from Cass County to the <br />Southeast Cass Water Resource District, as well as an Assignment of Easement. For <br />your information, Southeast Cass has already approved the Temporary Construction <br />Easement requested by NDDOT, obviously contingent upon Cass County's transfer of <br />the drain right of way to Southeast Casso With that in mind, Southeast Cass would <br />appreciate it if Cass County would approve and execute the enclosed Quit Claim Deeds <br />and Assignment of Easement at its earliest convenience. <br /> <br />Alerus Financial Building' 901 13th Ave. East. PO Box 458' West Fargo, ND 58078-0458 . Phone 701.282.3249' FAX 701.282.0825' wwwohnstadlawcom <br /> <br />