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<br />A motion was made by Manager Gust and seconded by Manager Weston to authorize
<br />legal counsel to file and proceed with eminent domain actions under Chapter 32-15 of the
<br />North Dakota Century Code regarding acquisition of Flowage Easements on the following
<br />properties for the Metro Flood Diversion Project:
<br />• OINs 821, 828, 829, 840, 841, 849, 856, 857, 1904, 1918, 1929, 1930, 1932,
<br />1940, 1941, 1944, 1951, 1970, 1971, 1972, 1973, 1998 and 2000
<br />• OINs 8517 and 8518
<br />• OINs 809, 830 and 1883
<br />• OINs 846 and 9438
<br />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 Lougheed and seconded by Manager Weston to close the
<br />meeting at 8:10 a.m. for the purposes of discussing contract negotiation strategies,
<br />litigation strategies and attorney consultation regarding ongoing litigation and ongoing
<br />contract negotiations related to right of way and property acquisitions necessary to
<br />accommodate the Metro Flood Diversion Project, in accordance with N.D. Cent. Code §§
<br />44-04-19.1(2), (5), and (9) regarding the following parties and matters:
<br />1. Cass County Joint Water Resource District v. Estate of Janet L. Wanzek, et al.,
<br />Civ. No. 09-2020-CV-03908 (OINs 8674, 8675, and 9747)
<br />2. Mary Ann Tintes (OINs 9751 and 9751X)
<br />Upon roll call vote, the following Managers voted in favor: Olson, Lougheed, Weston,
<br />Gust and Steen. The motion carried unanimously.
<br />
<br />The executive session was attended by Managers Olson, Lougheed, Weston, Gust and
<br />Steen, Carol Harbeke Lewis, Melissa Hinkemeyer, Sean Fredricks, Chris McShane, Luke
<br />Andrud, Katie Schmidt, Madeline Gorghuber, Eric Dodds, Dean Vetter, Sabrina Tusa,
<br />Duane Breitling, Mary Scherling and Ken Helvey.
<br />
<br />The executive session adjourned at 8:34 a.m. and the regular meeting was reconvened
<br />and opened to the public.
<br />
<br />Metro Flood Diversion Project – acquisition review / approval
<br />Chairman Olson asked if any members of the Board wished to offer any motions regarding
<br />Mary Ann Tintes and OINs 9751 and 9751X.
<br />
<br />Manager Lougheed moved to approve a payment to Mary Ann Tintes regarding OIN
<br />9751X, as follows:
<br />• Ms. Tintes will execute a Quit Claim Deed in favor of the Cass County Joint Water
<br />Resource District regarding OIN 9751X, to release any right of first offer or any
<br />other rights she might have in OIN 9751X; and
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