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3 <br /> <br />Mr. Dodds reported negotiations are at a standstill with some property owners regarding <br />the acquisition of Flowage Easements for the Metro Flood Diversion Project. Mr. Dodds <br />proposed sending letters to groups of property owners where land agents have identified <br />Flowage Easement negotiations are not proceeding. The letters would provide a last <br />written offer for the property owner to sign an Agreement to Acquire a Flowage Easement <br />or reach an agreement with their land agent by a certain date. If an agreement is not <br />reached by that date, legal counsel would be authorized to file an eminent domain <br />proceeding to acquire the Flowage Easement on the property. Negotiations would also <br />continue throughout the process. <br /> <br />A motion was made by Manager Weston and seconded by Manager Gust to approve and <br />authorize the following regarding acquisition of Flowage Easements for the Metro Flood <br />Diversion Project: <br />• Authorize the Secretary-Treasurer to send final next steps letters and Agreements <br />to Acquire a Flowage Easement to the owners of the following properties: <br />o OIN 176 <br />o OINs 824 and 825 <br />o OINs 850, 1901, 1902 and 1952 <br />o OIN 1330 <br />o OIN 1548 <br />o OINs 1587 and 9237 <br />o OIN 2003 <br />o OIN 2043 <br />o OINs 5020, 5021 and 5022 <br />o OIN 7209 <br />o OIN 8786 <br />o OIN 9236 <br />o OIN 9423 <br />• Authorize legal counsel to file and proceed with eminent domain actions under <br />Chapter 32-15 of the North Dakota Century Code if property owners do not sign <br />and return agreements on or before March 27, 2023. <br />Upon roll call vote, the motion carried unanimously. <br /> <br />Ken Helvey discussed Pre-Approval Application Forms for Rural Impact Mitigation <br />Program loans for OINs 9404 and 9347 regarding the Metro Flood Diversion Project. Mr. <br />Helvey indicated the applicants do not meet the requirements of the program at this time <br />and requested business verification documents were not received. <br /> <br />A motion was made by Manager Lougheed and seconded by Manager Steen to deny the <br />Pre-Approval Application Forms for Rural Impact Mitigation Program loans for OINs 9404 <br />and 9347 regarding the Metro Flood Diversion Project. Upon roll call vote, the motion <br />carried unanimously. <br /> <br /> <br />