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<br />8. Cass County Joint Water Resource District v. Donald Robert Cossette, et al.,
<br />Civil File No. 09-2022-CV-03614 (OIN 2361)
<br />9. Cass County Joint Water Resource District v. Allen M. Ricker and Diane M.
<br />Ricker, et al., Civil File No. 09-2022-CV-03625 (OINs 872, 873, 874 and 875)
<br />10. Cass County Joint Water Resource District v. Robert W. Helbling and Mari
<br />Palm, as Trustees of the MKRM Trust under Trust Agreement dated April 10,
<br />2007, et al., Civil File No. 09-2022-CV-03622 (OIN 1997)
<br />Upon roll call vote, the motion carried unanimously.
<br />
<br />The executive session was attended by Managers Olson, Lougheed, Weston and Gust,
<br />Carol Harbeke Lewis, Melissa Hinkemeyer, Sean Fredricks, Chris McShane, Katie
<br />Schmidt, Rob Stefonowicz, Jodi Smith, Madeline Gorghuber, Jessica Warren, Eric
<br />Dodds, Dean Vetter, Sabrina Tusa, Ken Helvey, Katie Laidley, Scott Stenger, Dale
<br />Ahlsten, Oly Olafson and Wade Whitworth.
<br />
<br />The executive session adjourned at 9:24 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 />the following matters and parties:
<br />
<br />Cass County Joint Water Resource District v. Claude Richard, et al., Civ. No. 09-
<br />2021-CV-03310 (OINs 5002, 1087, and 1093) and Richard Farm Enterprises (OIN
<br />1095).
<br />
<br />Manager Lougheed moved to approve a settlement with Claude Richard and Richard
<br />Farm Enterprises as follows:
<br />• The Richards will convey fee simple ownership of 30.92 acres of OIN 1087N and
<br />1093N to the Cass County Joint Water Resource District (the “District”), to be
<br />defined by survey, free and clear of any rights of the Richards, including any rights
<br />to repurchase.
<br />• The Richards will convey flowage easement interests over, across, and through
<br />approximately 151 acres in OINs 1087X, 1093X, 1095, and 5002 to District, to be
<br />defined by survey.
<br />• The Richards will convey easements for a term of years over, across, and through
<br />approximately 2.8 acres in OINs 1087X and 1093X, to the District, to be defined
<br />by survey.
<br />• The District will pay the Richards a total of $9,286,531 upon closing of the real
<br />estate transactions contemplated under the parties’ settlement agreement for the
<br />property rights conveyed by the Richards as outlined above; the total amount of
<br />payment in cash to the Richards is inclusive of payment for the home on OIN 5002,
<br />the historic farm home, and $4,718,905 for the nonresidential improvements
<br />located on OIN 1093X.
<br />• The District will give notice to the previous owners of OINs 217Y and 1094Y of the
<br />District’s intent to sell the remnant properties; if the previous owners do not
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