2023-04-13
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2023-04-13
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3 <br /> <br />• The Cass County Joint Water Resource District will pay Mary Ann Tintes $200,000 <br />as consideration for her release of any remaining rights in OIN 9751X. <br />Manager Weston seconded the motion. Upon roll call vote, the following Managers voted <br />in favor: Olson, Lougheed, Weston and Steen. Manager Gust abstained. The motion <br />passed. <br /> <br />Chairman Olson asked if any members of the Board wished to offer any motions regarding <br />the following matter: <br /> <br />Cass County Joint Water Resource District v. Estate of Janet L. Wanzek, et al., Civ. No. <br />09-2020-CV-03908 (OINs 8674, 8675, and 9747) <br /> <br />Manager Weston moved to amend the Cass County Joint Water Resource District’s <br />motion on October 27, 2022, regarding a settlement with the Estate of Janet L. Wanzek <br />and other defendants in Civ. No. 09-2020-CV-03908, to reduce the amount of attorneys’ <br />fees payable from $100,000 to $50,000, as follows: <br />• The defendants will convey fee simple ownership of OINs 8674, 8675 and 9747 to <br />the Cass County Joint Water Resource District, as identified in the Complaint in <br />this matter; <br />• The defendants will convey fee simple ownership of 8.32 acres in OIN 9747X, east <br />of the Stormwater Diversion Channel, to the Cass County Joint Water Resource <br />District; <br />• The Cass County Joint Water Resource District will convey 80 acres on OIN 9751X <br />and 41.51 acres on OIN 9755Y to the defendants subject to an Easement in favor <br />of Cass Rural Water Users District; <br />• The Cass County Joint Water Resource District will install and construct a crossing <br />north of Drain #14C, that the defendants will maintain at their expense; <br />• The defendants will retain the payment previously made in conjunction with the <br />Agreement for Entry and Construction. All funds the Cass County Joint Water <br />Resource District deposited with the District Court in Civ. No. 09-2020-CV-03908 <br />will be returned to Cass County Joint Water Resource District; and <br />• The Cass County Joint Water Resource District will reimburse the defendants for <br />reasonable attorneys’ fees and costs incurred related to Civ. No. 03908, not to <br />exceed $50,000. <br />Manager Gust seconded the motion. Upon roll call vote, the motion carried unanimously. <br /> <br />It was moved by Manager Gust and seconded by Manager Lougheed to approve the <br />Purchase Agreement for OIN 7209 regarding the Metro Flood Diversion Project. Upon <br />roll call vote, the motion carried unanimously. <br /> <br />It was moved by Manager Lougheed and seconded by Manager Weston to approve the <br />Purchase Agreement for OIN 1551 regarding the Metro Flood Diversion Project. Upon <br />roll call vote, the motion carried unanimously. <br /> <br /> <br />
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