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<br />and the Cass County Joint Water Resource District have identified final right of way
<br />needs. In the Agreement, the parties agreed to the future purchase prices for any
<br />additional fee simple acreage and additional temporary construction easement rights,
<br />including fee simple prices for acreage encumbered by flowage easements and for
<br />acreage not encumbered by flowage easements. The Corps, the Diversion Authority, and
<br />the Cass County Joint Water Resource District have now identified the remaining acreage
<br />necessary from the Compsons regarding OINs 9332 and 9359.
<br />
<br />Manager Weston moved and Manager Gust seconded to declare the necessity to acquire
<br />9.486 acres in fee simple and to acquire temporary construction easement rights in 5.076
<br />acres regarding OINs 9332 and 9359, as defined by survey, to accommodate
<br />construction, operation, and maintenance of the Comprehensive Project, and to instruct
<br />legal counsel to commence and proceed with an eminent domain action to acquire 9.486
<br />acres in fee simple and to acquire temporary construction easement rights in 5.076 acres
<br />regarding OINs 9332 and 9359, as defined by survey, at the compensation and prices
<br />identified in the Purchase Agreement dated January 17, 2020, between the Cass County
<br />Joint Water Resource District and Terry Compson and Kay Compson as Trustees of the
<br />Terry Compson and Kay Compson Revocable Trust Under Agreement Dated February
<br />10, 2009. Upon roll call vote, the motion carried unanimously.
<br />
<br />Chairman Olson asked if any members of the Board wished to offer any motions regarding
<br />the following matter:
<br />
<br />Brodshaug Cass County Farms, LLLP (OINs 1929, 1930, 1932, 1940, 1941,
<br />821, 828, 829, 840, 841, 849, 856, 857, 1904, 1918, 1944, 1951, 1970,
<br />1971, 1972, 1973, 1998, 2000, 1930, 1932, 1940, 1941, 8517, and 8518)
<br />
<br />Manager Steen moved and Manager Lougheed seconded to approve the following
<br />settlement:
<br />• Brodshaug Cass County Farms, LLLP (“Brodshaug”) will convey to the Cass
<br />County Joint Water Resource District (the “District”) flowage easement interests
<br />over approximately 2,500 GIS acres regarding OINs 1929, 1930, 1932, 1940,
<br />1941, 821, 828, 829, 840, 841, 849, 856, 857, 1904, 1918, 1944, 1951, 1970,
<br />1971, 1972, 1973, 1998, and 2000.
<br />• The District’s flowage easement rights regarding OINs 829, 840, 856, and 1972
<br />will include the right for the District, the Diversion Authority, and their contractors
<br />to remove all structures, in accordance with “Upstream Mitigation Area – Federal
<br />Mitigation Zone 1” requirements, subject to Brodshaug’s lease of the homestead
<br />improvements and structures on OINs 829, 840, 856, and 1972 from the District
<br />for $500 per month from closing until 30 days’ written termination notice from
<br />Brodshaug or until December 31, 2024, whichever occurs sooner.
<br />• The District acquired temporary construction easement rights from Brodshaug
<br />over approximately 56.70 acres on OINs 1930, 1932, 1940, and 1941, via quick
<br />take eminent domain proceedings.
<br />• Brodshaug will convey to the District fee simple ownership of 43.52 acres
<br />regarding OINs 8517 and 8518, as defined by survey.
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