2024-06-13
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2024-06-13
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3 <br /> <br /> <br />the following matter: <br /> <br />Cass County Joint Water Resource District v. KLF, LLP, et al, Civ. No.09-2023-CV- <br />01123 (OIN 9347). <br /> <br />Manager Weston moved and Manager Gust seconded to approve a settlement with KLF, <br />LLP, et al, as follows: <br />• KLF, LLP (“KLF”), will convey to the Cass County Joint Water Resource District <br />(the “District”) fee simple ownership of OIN 9347, consisting of approximately 3.01 <br />acres, as defined by survey, which is the entire tract of property. <br />• The District will pay KLF a total of $550,000 upon closing of the real estate <br />transaction contemplated under the parties' settlement agreement for the property <br />rights conveyed by KLF, as outlined above. <br />• KLF has waived their relocation rights; therefore, the Purchase Agreement <br />between the parties will include an acknowledgement by KLF that KLF <br />understands their rights under the Uniform Relocation Act, the North Dakota <br />Relocation Act, and the Property Rights Acquisition and Mitigation document; that <br />the District did not propose nor coerce this waiver and that KLF is voluntarily <br />waiving these rights by KLF’s own volition. <br />• Following the closing of the real estate transaction contemplated under the parties’ <br />settlement agreement, and following payment to KLF, the parties will execute and <br />file a stipulation to dismiss the eminent domain action, Cass County Joint Water <br />Resource District v. KLF, LLP, et al, Civ. No.09-2023-CV-01123. <br />• KLF will lease back the property conveyed to the District for $500 per month <br />through March 1, 2025, in accordance with the terms of a written lease the parties <br />will execute in conjunction with execution of the parties’ settlement agreement; the <br />lease will acknowledge restricted access during the tenancy. <br />• The District will reimburse the landowner(s) for reasonable attorneys' fees and <br />costs, not to exceed $35,000. <br />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 />Cass County Joint Water Resource District v. JRD Campbell Family Investments, <br />LLP, Civ. No. 09-2023-CV-00550 (OIN 9404). <br /> <br />Manager Steen moved and Manager Weston seconded to approve a settlement with JRD <br />Campbell Family Investments, LLP, et al, as follows: <br />• JRD Campbell Family Investments, LLP (“Campbell”) will convey to the Cass <br />County Joint Water Resource District (the “District”) fee simple ownership of OIN <br />9404, consisting of approximately 4.11 acres, as defined by survey. <br />• The District will pay Campbell a total of $615,000 upon closing of the real estate <br />transaction contemplated under the parties’ settlement agreement for the property <br />rights conveyed by Campbell, as outlined above.
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