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<br />6 <br /> <br />Manager Lougheed seconded the motion. Upon roll call vote, the motion carried <br />unanimously. <br /> <br />Manager Gust moved to approve a settlement with the Corey and Sherri Smith as follows: <br />• The Smith’s will convey to the Cass County Joint Water Resource District fee <br />simple ownership of 3.13 acres of OINs 9431 and 9438. <br />• The District will convey to the Smith’s fee simple ownership of OINs 1120 and <br />1123. <br />• The District will pay the Smith’s $70,000 upon closing of the real estate <br />transactions contemplated under the parties’ settlement agreement as just <br />compensation. <br />Manager Weston seconded the motion. Upon roll call vote, the motion carried <br />unanimously. <br /> <br />Mr. Dodds reported negotiations are at a standstill with some property owners regarding <br />the acquisition of Flowage Easements for the Metro Flood Diversion Project. Mr. Dodds <br />proposed sending letters to groups of property owners where land agents have identified <br />Flowage Easement negotiations are not proceeding. The letters would provide a last <br />written offer for the property owner to sign an Agreement to Acquire a Flowage Easement <br />or reach an agreement with their land agent by a certain date. If an agreement is not <br />reached by that date, legal counsel would be authorized to file an eminent domain <br />proceeding to acquire the Flowage Easement on the property. Negotiations would also <br />continue throughout the process. <br /> <br />A motion was made by Manager Weston and seconded by Manager Gust 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 letters and Agreements <br />to Acquire a Flowage Easement to the owners of the following properties: <br />o OINs 1402 and 1477 <br />o OINs 1542, 1544 and 1586 <br />o OINs 1885 and 9416 <br />o OIN 1953 <br />o OIN 2002 <br />o OINs 2039 and 2041 <br />o OIN 8919 <br />o OIN 8920 <br />o OIN 9258 <br />o OINs 9993 and 9994 <br />• Authorize the Secretary-Treasurer to include Environmental Monitoring <br />Easements in the Agreements for the following properties: <br />o OINs 1885 and 9416 <br />o OIN 9258 <br />