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<br />COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST <br />QUARTER (SWII4) OF SAID SEVENTEEN (17), THENCE NORTH 00000'00" <br />EAST (ASSUMED BEARING) ALONG THE WEST LINE OF THE SOUTHWEST <br />QUARTER OF SAID SECTION SEVENTEEN (17) FOR A DISTANCE OF SIX <br />HUNDRED SEVEN AND FIFTEEN HUNDREDTHS (607.15') FEET, TO THE <br />POINT OF BEGINNING; THENCE CONTINUE NORTH 00000'00" EAST <br />ALONG THE WEST LINE OF SAID SECTION SEVENTEEN (17) FOR A <br />DISTANCE OF FOUR HUNDRED (400.00') FEET; THENCE NORTH 90000'00" <br />EAST FOR A DISTANCE OF ONE HUNDRED SEVENTY NINE AND FIFTEEN <br />HUNDREDTHS (179.15') FEET, TO A POINT OF INTERSECTION WITH THE <br />WESTERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN <br />RAILROAD; THENCE SOUTH 16035'14" WEST ALONG THE WESTERLY <br />RIGHT-OF-WAY LINE OF SAID BURLINGTON NORTHERN RAILROAD, FOR <br />A DISTANCE OF FOUR HUNDRED SEVENTEEN AND FORTY <br />HUNDREDTHS (417.40') FEET; THENCE SOUTH 90000'00' WEST FOR A <br />DISTANCE OF SIXTY (60') FEET TO THE TRUE POINT OF BEGINNING. <br /> <br />EXCEPTING THE EAST FIFTEEN (15') FEET OF THE WEST SEVENTY-FIVE <br />(75') FEET OF SAID PARCEL. <br /> <br />WHEREAS, Cass Rural Water Users District previously conveyed an easement for ingress <br />and egress rights over certain portions of its property to Marlowe O. Rud and Pamela J. Rud, and <br />their successors and assigns, for purposes of access to Lots 1-9 in Block 1 of Ruds Addition from <br />Cass County Highway 17. <br /> <br />WHEREAS, more specifically, as owners of Lots 1-9 in Block 1 ofRuds Addition, Marlowe <br />O. Rud and Pamela J. Rud, husband and wife, and their successors and assigns, owned and enjoyed <br />certain ingress and egress rights over certain real property owned by Cass Rural Water Users District <br />in the Southwest Quarter (SWY4) of Section Seventeen (17) in Stanley Township, Cass County, <br />North Dakota, under that Easement dated January 29, 1999, and recorded in the office of the County <br />Recorder in and for Cass County, North Dakota, on February 2, 1999, at 3:36 p.m., as Document No. <br />922946. <br /> <br />WHEREAS, Marlowe O. Rud and Pamela J. Rud subsequently conveyed Lots 1-9 in Block 1 <br />of Ruds Addition to various third parties who, as more specifically described below, and no longer <br />own or enjoy any rights under that Easement dated January 29, 1999, and recorded in the office of <br /> <br />-2- <br />