2024-02-08 - Laserfiche WebLink

3 Metro Flood Diversion Project – property acquisition review / approval Chairman Olson asked if any members of the Board wished to offer any motions regarding the following matter: Darwin and Sandra Duval (OIN 1912) Manager Lougheed moved, and Manager Gust seconded the motion to approve a settlement with Darwin and Sandra Duval, as follows: • The Duvals will convey to the Cass County Joint Water Resource District (the “District”) flowage easement interests over approximately 9.25 acres on OIN 1912, as defined by survey. • The District’s flowage easement rights regarding OIN 1912 will include the right for the District, the Diversion Authority, and their contractors, to remove all structures, in accordance with “Upstream Mitigation Area – Federal Mitigation Zone 1” requirements. • The District will convey to the Duvals fee simple ownership of OIN 834, all subject to the exception and reservation of flowage easement interests in favor of the District as defined by survey, and subject to certain rights in favor of the District as more specifically described in the parties’ Exchange Agreement. • The District will pay the Duvals a total of $740,000 upon closing of the real estate transactions contemplated under the parties’ Exchange Agreement for the property rights conveyed by the Duvals, as outlined above. • The Duvals will lease the homestead improvements and structures on OIN 1912 from the District for $500 per month from closing until 30 days’ written termination notice from the Duvals or until December 30, 2024, whichever occurs sooner. • The District will reimburse the Duvals for reasonable and eligible relocation costs and expenses in accordance with the Uniform Relocation Act. • The District will reimburse the Duvals for attorneys’ fees, not to exceed $10,000. Upon roll call vote, the motion carried unanimously. Chairman Olson asked if any members of the Board wished to offer any motions regarding the following matter: Cass County Joint Water Resource District v. Dale L. Hamilton and Roxanne D. Whittaker, et al., Civ. No. 09-2023-CV-00243 (OINs 1949, 1956, and 5036) Manager Weston moved and Manager Lougheed seconded the motion to approve a settlement with Dale L. Hamilton and Roxanne D. Whittaker, as follows: • Dale L. Hamilton and Roxanne D. Whittaker (“Hamilton/Whittaker”) will convey to the Cass County Joint Water Resource District (the “District”) flowage easement interests over approximately 259.52 acres on OINs 1949, 1956, and 5036, as defined by survey. • The District will pay Hamilton/Whittaker a total of $950,000 upon closing of the real estate transactions contemplated under the parties’ settlement agreement for the property rights conveyed by Hamilton/Whittaker, as outlined above. • Following the closing of the real estate transactions contemplated under the