April 15, 2019 Emergency District No. 2 Meeting Minutes

MINUTES Of the MEETING OF THE COMMISSIONERS Of the BUFFALO RAPIDS IRRIGATION DISTRICT NO. 2 Terry, Montana APRIL 15, 2019 The Emergency Meeting of the members of the Buffalo Rapids Irrigation District No. 2 at Terry, Prairie County, Montana, was held on the Fifteenth day of April, 2019 at 7:30 a.m. There were present and participating at the meeting: Barry Rakes Lance Kalfell Also present and participating were: Tim Kortum, Manager, and Pat Davis, Treasurer. President Barry Rakes called the meeting to order, stating that all necessary and advisable business be conducted during this time and that notice had been received by each Board Member. Thereupon, President Barry Rakes announced that legal notice had been given and a quorum was present so that the meeting was legally and lawfully ready to transact business. MANAGER’S REPORT: Mr. Kortum informed the members of the Board that the office had received a phone call from the Bureau of Reclamation and requested documentation/resolution from the District stating that all Board members were in agreement with the proposal from the Montana Department of Transportation. The proposed documents for review/signature, that were also forwarded to the Bureau of Reclamation, pertaining to the compensation and release for the non-replacement of 30"x458' CSP Irrigation Siphon at Station 1979+83 located in Farm Unit 273 in the SE1/4SE1/4 of Section 33, T 13, R 52 E, Prairie County and for land and improvements that would eliminate the siphon in Fallon Division that supplies water to irrigated lands north of I94. The irrigated lands will be delivered water through a proposed constructed pipeline that would be bored, to eliminate the existing siphon, to better ensure water delivery in all future years. On a motion made by Lance Kalfell and seconded by Barry Rakes it was: RESOLVED, That the Board of Buffalo Rapids Irrigation District No. 2 all concur with the following: RIGHT-OF-WAY AGREEMENT 1. In consideration of the payments herein set forth and the specific agreements to be performed by the parties hereto and written in this agreement, the parties bind themselves and their successors to the terms and conditions stated herein. No verbal representations or agreements shall be binding upon either party. This agreement is effective upon execution by the Acquisition Manager or a designated repre¬sentative, and possession of the property is granted to the Department when it sends the payment(s) agreed to below. Grantors certify that any encumbrances on the property are shown on this agreement. If Grantors sell their remaining property prior to the highway project being constructed, Grantors agree to provide the Purchaser(s) with a copy of this entire Right-of-Way Agreement and agree to make the sale of their remaining property subject to all the terms and conditions contained in this Right-of-Way Agreement. Grantors contract that they will, on Department’s request, execute deeds and/or easements required by Department for all real property agreed to be conveyed by this agreement. 2. COMPENSATION FOR LAND AND IMPROVEMENTS (List acreage and improvements to be acquired.) None - 0 - 3. OTHER COMPENSATION: Release for Irrigation siphon $157,365 4. TOTAL COMPENSATION (includes all damages to the remainder): $157,365. 5. IT IS UNDERSTOOD AND AGREED THE STATE SHALL MAKE PAYMENT AS FOLLOWS: 6. A warrant in the amount of $157,365 to be made payable to Buffalo Rapids Irrigation District #2; 12 HWY 253; Terry, MT 59349. 7. This agreement, upon execution by an agent of the Department of Transportation and presentation to the owners so designated, constitutes a written offer of compensation in the full amount of the determined value, a summary of the property and property rights being acquired and agreement that possession of the property is granted to the Department when it sends the payment(s). 8. Grantors, owner of record of the 30” X 458’ CSP irrigation siphon located at station 1979+83 on I-IG- 94-5(8)182; Fallon-Dawson County Line; W578-008, do for themselves, their heirs, assigns or successors hereby completely release and forever discharge the State and/or its agents and contractors from any and all claims, demands and causes of action of any nature whatsoever for damages which may have occurred or may hereafter occur to the described property, personal property or persons by reason of abandonment and non-replacement of the siphon. 9. It is understood and agreed that Grantors grant to the State and its contractor(s) permission to enter upon the Grantor’s land, where necessary to abandon the siphon at Site 5, apply the liner to the pipe at Site 6 and install a new pipe end on the inlet at Site 3. 10. It is understood and agreed by and between the parties hereto that included in the amount payable under “Other Compensation” herein is payment in full to compensate the Grantors for the expense of performing the following work: Installation of irrigation system to provide water to land affected by abandonment of the siphon. This work includes ensuring that the supply water that was reaching the inlet end of the siphon is prevented from pooling within the r/w. 11 Permission is granted to the Grantor’s to cross the r/w owned by the State to divert the drainage water that currently goes to the inlet end of the siphon to the pipe crossing at Site 4 – station 1976+16 RT. This permission allows for construction and maintenance of the facility. Release That Buffalo Rapids Irrigation District #2 of Terry Montana, hereinafter referred to as Grantor, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration now paid, the receipt of which is acknowledged, for its successors, assigns, executors, administrators, grantees, lessees and tenants, does hereby forever release and discharge the Montana Department of Transportation, its agents and employees and independent contractors of the State of Montana, and the State Highway Commission and its members, of and from any and all claims, demands and causes of action, of whatever nature, kind or description, whether past, present or future, and whether permanent, continuing or otherwise, which may arise out of damages, occasioned to the land, buildings or persons or to all stock raising or farming operations belonging to or under the control of Grantor, or in which Grantor has any interest, and in which said damages resulted by reason of abandonment and non-replacement of 30” X 458’ CSP Irrigation Siphon at Station 1979+83. The property covered by this release is described as follows: The irrigation siphon located in Farm Unit #273 in the SE¼SE¼ of Section 33, T 13 N, R 52 E, Prairie County THIS release shall be and is a covenant running with the land hereinabove described and shall be and is binding on all future owners thereof and on all persons who may now have or who may hereafter acquire any interest therein, or to any part thereof, or who may be in possession of or occupy the same, or any part thereof; hereby binding not only them, but also its successors, assigns, executors, administrators, grantees, lessees and tenants, the same as if each and all of them had signed this release. All members of the Board present signed the resolution as presented. The Board discussed and agreed that the funds received will be deposited into the System Rehab Reserve account and then transferred to District 2 O & M as expenses are incurred. The remaining funds received will be invested along with all funds that are allocated to the System Rehab Reserve Account, with the Prairie County Treasurer in the Prairie County Investment Pool. The meeting was adjourned on a motion by Lance Kalfell, seconded by Barry Rakes. All in Favor. Motion Carried. ATTESTED: ________________________________ ____________________________________ Tim Kortum, Secretary Barry Rakes, President