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3 <br /> <br />It was moved by Manager Lougheed and seconded by Manager Gust to approve the <br />appraisal for OIN 5059, with an effective date of December 21, 2022, as an estimate of <br />just compensation for acquisition of property regarding the Metro Flood Diversion Project. <br />Upon roll call vote, the following Managers voted in favor: Olson, Lougheed and Gust. <br />Manager Steen voted against the motion and Manager Weston was absent. The <br />Chairman declared the motion passed. <br /> <br />Metro Flood Diversion Project – acquisition review / approval <br />Mr. Dodds reported negotiations are at a standstill with a property owner regarding the <br />acquisition of Flowage Easements for the Metro Flood Diversion Project. Mr. Dodds <br />proposed sending a letter to the property owner, which would provide a last written offer <br />for the property owner to sign an Agreement to Acquire a Flowage Easement or reach an <br />agreement with their land agent by a certain date. If an agreement is not reached by that <br />date, legal counsel would be authorized to file an eminent domain proceeding to acquire <br />the Flowage Easement on the property. Negotiations would also continue throughout the <br />process. <br /> <br />A motion was made by Manager Gust and seconded by Manager Steen 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 letter and Agreements <br />to Purchase and Acquire a Flowage Easement to the owners of OIN 8386 <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 April 24, 2023. <br />Upon roll call vote, the motion carried unanimously. <br /> <br />It was moved by Manager Lougheed and seconded by Manager Gust to approve the <br />Purchase Agreement for OINs 7220, 9995 and 9998 regarding the Metro Flood Diversion <br />Project. Upon roll call vote, the motion carried unanimously. <br /> <br />Metro Flood Diversion Project – Executive Session for purposes of discussing <br />contract negotiation strategies, litigation strategies and attorney consultation <br />regarding ongoing litigation and ongoing contract negotiations related to right of <br />way and property acquisitions necessary to accommodate the Metro Flood <br />Diversion Project, in accordance with N.D. Cent. Code §§ 44-04-19.1(2), (5), and (9) <br />It was moved by Manager Gust and seconded by Manager Lougheed to close the meeting <br />at 8:53 a.m. for the purposes of discussing contract negotiation strategies, litigation <br />strategies and attorney consultation regarding ongoing litigation and ongoing contract <br />negotiations related to right of way and property acquisitions necessary to accommodate <br />the Metro Flood Diversion Project, in accordance with N.D. Cent. Code §§ 44-04-19.1(2), <br />(5), and (9) regarding the following matter and parties: <br />1. Margaret Pronovost (OIN 1078X) <br />Upon roll call vote, the following Managers voted in favor: Olson, Lougheed, Gust and <br />Steen. Manager Weston was absent. The motion carried unanimously. <br />