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<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 8:32 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 parties and matters:
<br />1. Terry and Kristie Sauvageau (OINs 1112 and 1113)
<br />2. Cass County Joint Water Resource District v. Terry Sauvageau and Kristie
<br />Sauvageau, et al., Civil File No. 09-2022-CV-00618 (OIN 1098)
<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, Melissa Hinkemeyer, Sean Fredricks, Chris McShane, Luke Andrud, Katie
<br />Schmidt, Rob Stefonowicz, Joel Paulsen, Jodi Smith, Jessica Warren, Eric Dodds, Dean
<br />Vetter, Sabrina Tusa, Ken Helvey, Oly Olafson, Duane Breitling and Mary Scherling.
<br />
<br />The executive session adjourned at 8:56 a.m. and the regular meeting was reconvened
<br />and opened to the public.
<br />
<br />Metro Flood Diversion Project – acquisition review / approval continued
<br />Chairman Olson inquired if any members of the Board wished to offer any motions
<br />regarding the following matter:
<br />
<br />Terry and Kristie Sauvageau (OINs 1112 and 1113) and Cass County Joint Water
<br />Resource District v. Terry Sauvageau and Kristie Sauvageau, et al., Civil File No. 09-
<br />2022-CV-00618 (OIN 1098).
<br />
<br />Manager Steen moved to approve a settlement with Terry and Kristie Sauvageau
<br />regarding OINs 1098, 1112 and 1113, as follows:
<br />• Terry and Kristi Sauvageau (“Sauvageaus”) will convey fee simple ownership of
<br />16.153 acres in OIN 1098N and a Temporary Construction Easement of 4.41 acres
<br />on OIN 1098X to the Cass County Joint Water Resource District (“District”), to be
<br />defined by survey;
<br />• Sauvageaus will convey Flowage Easements over 143.2 acres regarding OINs
<br />1098X, 1112, 1113, 7240, and 7241 to the District, to be defined by survey;
<br />• The District will convey to Sauvageaus fee simple ownership of 372.12 acres
<br />regarding OINs 30, 31, 826, 827, 1106Y, and 1199X, all subject to the exception
<br />and reservation of Flowage Easement interests and Temporary Construction
<br />Easement interests in favor of the District on all parcels, as defined by survey, and
<br />subject to Rights of First Offer regarding OINs 1106Y and 1199X;
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