2024-03-28
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2024-03-28
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5 <br /> <br />• Brodshaug will convey to the District an environmental monitoring easement on <br />OINs 840 and 857. <br />• The District will pay Brodshaug a total of $13,000,000 (inclusive of a replacement <br />housing differential payment in the amount of $299,400), less the $322,466.00 <br />previously deposited by the District in the eminent domain action, Cass County <br />Joint Water Resource District v. Brodshaug Cass County Farms, LLLP Civ. No. <br />09-2020-CV-03627, and subsequently withdrawn by Brodshaug, for a total <br />payment of $12,677,534.00, upon closing of the real estate transaction <br />contemplated under the parties’ settlement agreement for the property rights <br />conveyed by Brodshaug, as outlined above. <br />• The District will reimburse Brodshaug and eligible tenants (specifically regarding <br />OIN 840) for reasonable and eligible relocation costs and expenses in accordance <br />with the Uniform Relocation Act. <br />• Following the closing of the real estate transaction contemplated under the parties’ <br />settlement agreement, and following payment to Brodshaug, the parties will <br />execute and file a stipulation to dismiss the eminent domain action, Cass County <br />Joint Water Resource District v. Brodshaug Cass County Farms, LLLP Civ. No. <br />09-2020-CV-03627. <br />• The District will reimburse Brodshaug for reasonable attorneys’ and appraisers’ <br />fees and costs, not to exceed $275,000.00. <br />Upon roll call vote, the motion carried unanimously. <br /> <br />Chris McShane updated the Board on the Exchange, Settlement, and Purchase <br />Agreement for OIN 1173N regarding the Metro Flood Diversion Project. The property <br />owner of OIN 1173N is requesting an additional $10,000 in reimbursement of attorneys’ <br />fees, appraisal fees, engineering fees, and surveying fees for the replacement site, not to <br />exceed $60,000. The property owner is also requesting to rent the exchange property <br />OINs 233Y1 and 1088Y for 2024. <br /> <br />After discussion, it was moved by Manager Steen and seconded by Manager Gust to <br />authorize the Water Resource District legal counsel to negotiate with the property owner <br />of OIN 1173 regarding the Exchange, Settlement, and Purchase Agreement regarding <br />the Metro Flood Diversion Project and approve payment of additional $10,000 in <br />reimbursement of attorneys’ fees, appraisal fees, engineering fees, and surveying fees <br />for the replacement site, not to exceed $60,000 or allow the property owner to rent OINs <br />233Y1 and 1088Y for 2024, at the choice of the property owner. Upon roll call vote, the <br />motion carried unanimously. <br /> <br />Metro Flood Diversion Project – land agent reports <br />Dale Ahlsten, Oly Olafson and Ken Helvey reported on activities, meetings, and <br />discussions with various property owners regarding the Metro Flood Diversion Project. <br /> <br />Metro Flood Diversion Project – relocation and RHDP reimbursement review / <br />approval <br />It was moved by Manager Gust and seconded by Manager Lougheed to approve the <br />relocation and replacement housing payment for OIN 1916, as outlined in the letter dated
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