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<br />ACCESS AGREEMENT
<br />
<br />THIS AGREEMENT, is made this E day of t:Jerem~, 2008, by and between the
<br />Southeast Cass Water Resource District, a North Dakota political subdivision (the "District"), and
<br />Cass County, North Dakota, a North Dakota political subdivision ("Grantor").
<br />
<br />RECITALS
<br />
<br />A. The District and the City of Fargo, North Dakota (the "City"), previously entered into
<br />a Joint Powers Agreement for the design, construction, and maintenance of a flood control project
<br />commonly known as the South Side Flood Control Project (the "Project").
<br />
<br />B. The District and the City are currently in the process of evaluating possible project
<br />components and determining potential project alignments, and must enter upon certain real property
<br />to conduct parcel review and field design to determine which properties are suited for construction.
<br />
<br />C. Grantor agrees to grant the District, its officers, employees, contractors, consultants,
<br />representatives, and agents, access to and entry upon real property owned by Grantor, subject to the
<br />terms of this Agreement.
<br />
<br />In consideration ofthe parties' mutual covenants contained in this Agreement, and other good
<br />and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties
<br />agree as follows:
<br />
<br />AGREEMENT
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<br />1. Access. In accordance with the terms of this Agreement, Grantor grants to the
<br />District, and its officers, employees, consultants, contractors, agents, and representatives, including
<br />employees of the City, access and right-of-way in, on, over, through, and across the following real
<br />property in Cass County, North Dakota:
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<br />Parcels 1,2, and 3:
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<br />Lots 4 and 7, Block 1, and Lot 10, Block2, ChrisanFirst Subdivision,
<br />part of the Southeast Quarter (SE~) of Section Twelve (12),
<br />Township One Hundred Thirty-eight (138) North, Range Forty-nine
<br />(49) West, Cass County, North Dakota, Cass County Parcel Numbers
<br />64-0200-00040-000,64-0200-00070-000 and 64-0200-00200-000.
<br />
<br />Parcel 4:
<br />
<br />Certain real property lying in the Southwest Quarter (SW~) of
<br />Section Eighteen (18), Township One Hundred Thirty-eight (138)
<br />North, Range Forty-eight (48) West, Cass County, North Dakota,
<br />Cass County Parcel Number 64-0000-00118-040.
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