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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 11/09/2021 OTTERTAIL COUNTY -MINNESOTA MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room & Via Livestream 515 West Fir Avenue, Fergus Falls, MN November 9, 2021 8:30a.m. Call to Order The Otter Tail County Board of Commissioners convened at 8:30 a.m . Tuesday, November 9, 2021 , at the Government Services Center in Fergus Falls, MN . Commissioners Lee Rogness, Chair; Betty Murphy; Vice Chair, Kurt Mortenson, Wayne Johnson, and Dan Bucholz were present. Approval of Agenda Chair Rogness called for approval of the Board Agenda . Motion by Mortenson, second by Bucholz and unanimously carried to approve the Board of Commissioners' agenda of November 9, 2021 , with the following additions: Sheriff's Office Outstand i ng Checks Change to the November 30 , 2021 , Special Meeting to Award the Bid for the Phelps Mill Foundation Project Recap of AMC Meeting Consent Agenda Motion by Murphy, second by Mortenson and unanimously carried to approve the consent agenda items as follows: 1. October 26, 2021, Board of Commissioners' Meeting Minutes 2. Warrants/Bills for November 9, 2021 3. Human Services & Public Health Warrants/Bills for November 9, 2021 4 . Approval of the issuance of a Tobacco License to DG Retail, LLC dba Dollar General Store #15641 for calendar year 2022 . 5. Approval of the issuance of a Tobacco License to DG Retail, LLC dba Dollar General Store #17996 for calendar year 2022 . U.S. Fish and Wildlife Service (USFWSl Wildlife Habitat Easements USFWS Representatives appeared before the Board and requested certification of seven (7) wildlife habitat protection easements. Documentation was previously submitted regarding the requests. A correction was made to the Land Acquisition form for the Fergus Falls Fish and Game Club, section 2, letter e, the property is currently CRP grassland and is not being used for an organic dairy cattle operation . After County Board approval, the easement requests will be considered by the State Land Exchange Board . Motion by Mortenson, second by Johnson and unanimously carried to approve certification for the USFWS to secure the following habitat easements: Rick and Cindy Drevlow -Wildlife Habitat Protection Easement: Part of the North Half of Northeast Quarter (N 1 /2 of NE 1 /4) and Northeast Quarter of Northwest Quarter (NE 1 /4 of NW 1 /4) of Section Nine (9), Township One Hundred Thirty-four (134), Range Forty-four (44), less a tract of land which lies Southwesterly of a line run parallel with and distant 184 feet Northeasterly of the following described line : Beginning at a point on the North line of Section Thirty-two (32), Township One Hundred Thirty-five (135), Range Forty-four (44), distant 605 .81 feet East of the Northwest corner thereof; thence run Southerly at an angle of 82 degrees 18.4 minutes with said North Section line (measured from East to South) for 2412.35 feet; thence deflect to the left on a 01 degree 00 minutes Curve (delta angle 26 degrees 02 minutes 18 seconds) for 2603 .83 feet; thence on tangent to said curve for 9345 .10 feet and there terminating containing 0.86 acre, more or less ; together with all right of access , being the right of ingress to and egress from that portion of the above described tract, not acquired herein, to Trunk Highway No . 94. To be determined by a survey. And Part of the West Half of the Northwest Quarter (Wl /2 of NWl /4) of Section Ten (10), Township One Hundred Thirty-four (134), Range Forty-four (44). To be determined by a survey. Fergus Falls Fish and Game Club. Inc. -Wildlife Habitat Protection Easement: T 132N , R 44W, 5th P.M . Section 4, part of the NWl /4 NEl /4, to be determined by a survey. Section 5, part of the 51 /2 SEl /4, to be determined by a survey . Page 1 of9 Timothy and Julie Hawthorne -Wildlife Habitat Protection Easement: T 132N , R 37W, 5th P.M . Section 5, part of the Sl /2 SEl /4, to be determined by a survey. Scott Korkowski -Wildlife Habitat Protection Easement: Board of Commissioners' Meeting Minutes November 9, 2021 Parts of: the East Half of the Southwest Quarter (E½ of SW¼) and Government Lots Three (3) and Four (4) of Section Thirty-one (31 ), Township One Hundred Thirty-one (131) North, Range Thirty-seven (37) West, Otter Tail County, Minnesota . EXCEPT That part of the Southwest Quarter, Section 31, Township 131 North, Range 37 West, Otter Tail County, Minnesota, described as follows: Commencing at the west quarter corner of said Section 31; thence on an assumed bearing of South 89 degrees 30 minutes 16 seconds East along the north line of said Southwest Quarter a distance of 1202.12 feet to the point of beginning of the land to be described ; thence South 02 degrees 36 minutes 40 seconds East 1128.92 feet; thence South 49 degrees 43 minutes 28 seconds West 321.51 feet; thence South 29 degrees 36 minutes 48 seconds East 442.35 feet; thence South 85 degrees 49 minutes 13 seconds East 238.37 feet; thence North 78 degrees 14 minutes 10 seconds East 206 .84 feet; thence North 00 degrees 17 minutes 00 seconds West 651 .87 feet; thence South 72 degrees 54 minutes 04 seconds West 358.38 feet; thence North 11 degrees 16 minutes 25 seconds West 153.26 feet; thence North 02 degrees 36 minutes 40 seconds West 999 .22 feet to said north line of the Southwest Quarter; thence North 89 degrees 30 minutes 16 seconds West 43 .72 feet to the point of beginning. To be determined by a survey . Robert Preuss -Wildlife Habitat Protection Easement: See Exhibit B. Wasson Family Revocable Living Trust -Wildlife Habitat Protection Easement: See Exhibit C. Abbey and Andrew Yechout-Wildlife Habitat Protection Easement: See Exhibit D. Recess & Reconvene At 8:49 a.m., Chair Rogness declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 9:06 a.m. Aquatic Invasive Species Prevention Aid Otter Tail County Resolution No. 2021 -168 WHEREAS , on December 13 , 2011 the Otter Tail County Board of Commissioners formed a Task Force ; and WHEREAS , on February 21 , 2012 the Task Force adopted a Mission Statement which reads as follows : It is the mission of the Otter Tail County AIS Task Force to develop programs and strategies to support and enhance the protection of Otter Tail County waters . In order to accomplish this, the Task Force will promote public awareness, education, containment, research and provide recommendations to the Otter Tail County Board of Commissioners. WHEREAS , on March 7, 2012, the Task Force adopted a set of bylaws and is still in operation in 2021 ; and WHEREAS , The Otter Tail County AIS Task Force has remained active in preventing the spread of aquatic invasive species; and WHEREAS , the State of Minnesota has made available funds to local units of government to aid in aquatic invasive species prevention as authorized under Minn. Stat. §477 A.19 . NOW , THEREFORE, BE IT RESOLVED : 1. That Otter Tail County agrees to accept the Aquatic Invasive Species Prevention Aid from the State of Minnesota in the amount of $465,238 for the year 2021 Page 2 of9 Board of Commissioners' Meeting Minutes November 9, 2021 2. That it will use the proceeds as recommended by the Otter Tail County Aquatic Invasive Species Task Force and in conformity with the requirements of Minn. Stat . §477 A.19 . The motion for the adoption of the foregoing resolution was introduced by Commissioner Murphy, duly seconded by Commissioner Bucholz and , after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls , MN this 9th day of November 2021 . OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: November 23 , 2021 By : ________________ _ Leland R. Rogness , Board of Commissioners Chair Attest ______________ _ Nicole Hansen, Clerk Renewable Energy Ordinance Motion by Johnson , second by Mortenson and unanimously carried to adopt the Renewable Energy Ordinance at 10 :00 a.m . on November 23 , 2021 , at the Government Services Center in Fergus Falls, MN . Buffer Ordinance Violations Land and Resource Director Chris Leclair and West Otter Tail SWCD District Manager Brad Mergens discussed challenges of the current timeline property owners are given to comply with the Otter Tail County Buffer Ordinance after receiving notice of violation . The Board recommended to define the growing season as April 15 th -October 15 th and if a violation occurs during this season, the property owner will be given 30 days to comply with the Ordinance . If a violation occurs outside of the growing season, property owners will have until May 15 th to comply. Land and Resource staff will work with the SWCD to draft a policy following the recommendation of the Board . Veterans Service Office Donation Motion by Bucholz, second by Johnson and unanimously carried to authorize the Veterans Service Officer to accept a donation in the amount of $1,265 .00 from the Friday Food Truck Program in Pelican Rapids and a donation in the amount of $100.00 from Larry 's Supermarket. These funds will be deposited and used as opportunities arise . Penalty Forgiveness Motion by Johnson, second by Murphy and unanimously carried to approve the request of Virginia Stangeland for the forgiveness of accrued penalty in the amount of $55 .04 as recommended by the County Auditor-Treasurer. The request meets the requirements of the Otter Tail County Policy regarding penalty forgiveness as it relates to medical. Joint Powers Agreements Motion by Mortenson, second by Murphy and unanimously carried to authorize appropriate County Officials' signatures to execute the following: Joint Powers Agreement between the State of Minnesota, acting through its Department of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the County of Otter Tail on behalf of its Prosecuting Attorney ("Governmental Unit"). The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access . Joint Powers Agreement between the State of Minnesota, acting through its Department of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the County of Otter Tail on behalf of its Sheriff's Office ("Governmental Unit"). The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access . Page 3 of9 1. 2. 3. Board of Commissioners' Meeting Minutes November 9, 2021 Court Data Services Subscriber Amendment to Criminal Justice Data Network (CJDNl Subscriber Agreement Motion by Mortenson, second by Murphy and unanimously carried to authorize appropriate County Officials ' signatures to execute the following : Court Data Services Subscriber Amendment to CJDN Subscriber Agreement between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension , ("BCA") and the County of Otter Tail on behalf of its Prosecuting Attorney ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Court Data Services Subscriber Amendment to CJDN Subscriber Agreement between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BCA") and the County of Otter Tail on behalf of its Sheriff's Office ("Agency "), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE COUNTY OF OTTER TAIL ON BEHALF OF ITS COUNTY ATTORNEY AND SHERIFF Otter Tail County Resolution No. 2021 -169 WHEREAS, the County of Otter Tail on behalf of its County Attorney and Sheriff desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the County is eligible. The Joint Powers Agreements further provide the County with the ability to add , modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the County to pay the costs for the network connection . NOW , THEREFORE, BE IT RESOLVED by the County Board of Otter Tail, Minnesota as follows : That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the County of Otter Tail on behalf of its County Attorney and Sheriff are hereby approved. That the Sheriff, Barry Fitzgibbons, or his or her successor, is designated the Authorized Representative for the Sheriff. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the County's connection to the systems and tools offered by the State . That the County Attorney, Michelle Eldien, or his or her successor, is designated the Authorized Representative for the County Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the County's connection to the systems and tools offered by the State . That Lee Rogness, the Chair of the County of Otter Tail, and Nicole Hansen , the County Administrator, are authorized to sign the State of Minnesota Joint Powers Agreements . The motion for the adoption of the foregoing resolution was introduced by Commissioner Mortenson, duly seconded by Commissioner Murphy and , after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 9th day of November 2021 . OTTER TAIL COUNTY BOARD OF COMMISSIONERS By : ________________ _ Leland R. Rogness , Board of Commissioners Chair Page 4 of9 Dated : November 23 , 2021 Attest. _______________ _ Nicole Hansen, Clerk Sheriff's Office Outstanding Checks Board of Commissioners' Meeting Minutes November 9, 2021 Motion by Bucholz, second by Mortenson and unanimously carried to authorize the Sheriff's Office to return the two (2) checks listed below to the Otter Tail County Treasurer's Office. Letters have been sent to the holder of the below outstanding checks and no response or returned mail with forwarding address information has been received. Check #11549 issued to Marshall Baker in the amount of $3 .00 Check #11575 issued to Ryan Liebelt in the amount of $10 .00 Grant Acceptance Motion by Johnson, second by Murphy and unanimously carried to accept a grant from AAA in the amount of $1 ,200 .00 to be used toward the purchase of LED Road Flares. The LED Road Flares will replace the traditional pyrotechnic road flares and are brighter, safer and able to be linked with additional LED flares if purchased . Out of State Travel Motion by Johnson , second by Mortenson and unanimously carried to authorize Detective Jon Karger to travel out of state to the National Computer Forensics Institute in Birmingham , Alabama, January 2, 2022 -January 28 , 2022 . This is a highly selective and advanced program put on by the United States Secret Service and the Department of Homeland Security (OHS) will cover the cost of meals, lodging and transportation. Amendment to November 30, 2021, Special Meeting Motion by Johnson, second by Murphy and unanimously carried to move the November 30 , 2021, special meeting to November 29, 2021 , at 3:00 p.m. at the Government Services Center in Fergus Falls , MN. This special meeting is for the purpose of awarding the bid for the Phelps Mill foundation repair project. (The special meeting date and time was amended again toward the end of the meeting). Association of Minnesota Counties (AMCl Meeting Recap At an AMC District 4 Meeting on Friday, November 5, 2021 , Commissioner Murphy requested that AMC includes addressing the issue of unprecedented, record-level workforce in nursing homes and assisted living facilities in its 2022 legislative priorities. This initiative will be moved forward through AMC's Health and Human Services Policy Committee for further consideration . Association of Minnesota Counties (AMC) Voting Delegates County Administrator Nicole Hansen identified eight (8) AMC voting delegates for Otter Tail County and expressed the importance of utilizing all votes. The Board plans to discuss Otter Tail County priorities at committee on November 23 , 2021, in preparation for the AMC annual meeting in December where voting will take place . Minnesota Counties Intergovernmental Trust (MCITl Voting Delegates Motion by Johnson, second by Mortenson and unanimously carried to identify Commissioner Betty Murphy as an alternate voting delegate for MCIT. Transportation Alliance Advocacy Award County Administrator Nicole Hansen recognized former Public Works Director Rick West as a recipient of the Transportation Advocate Award on November 3, 2021, at the Minnesota Transportation Alliance 's annual meeting. This award is given to an individual who is devoted to improving transportation in Minnesota and shows willingness to be a strong advocate for transportation . Commissioners congratulated Mr. West and expressed appreciation for his dedication . Recess & Reconvene At 10 :04 a.m ., Chair Rogness declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 10:14 a.m . Phelps Mill Festival Update Phelps Mill Country representative Jerome Holicky provided a brief update to the Board regarding the 2021 Phelps Mill Festival. He shared that the festival was a success and expressed appreciation for the support of the Board . Page 5 of9 Board of Commissioners' Meeting Minutes November 9, 2021 Legal Assistant Position -Reclassification Motion by Mortenson, second by Bucholz and unanimously carried to approve the reclassification request of a vacant Secretary/Receptionist position to a Legal Assistant due to a significant change in duties. Duties have been temporarily reassigned to staff within the department since September, however, due to the high volume of deadline driven work, it was determined appropriate to fill the vacant position . Salary Survey Human Resources Professional Stephanie Retzlaff provided a brief overview of the salary survey process. She shared that Otter Tail County was determined competitive; however, Gallagher recommended some changes to the structure to correct bands, primarily B and C, that were misaligned . Commissioners requested additional information regarding the salary study and discussion will continue at committee on November 23 , 2021 . Commuting with County Vehicles -Highway Department Motion by Johnson, second by Mortenson and unanimously carried to approve the request for appropriate Highway Department staff to commute with county vehicles during the 2021-2022 winter maintenance season. This will allow less traveled miles and time needed to conduct county business . Resolution for Agreement to State Transportation Fund Local Bridge Replacement Program Grant Terms and Conditions S.A.P. 056-608-028 Otter Tail County Resolution No. 2021 -171 WHEREAS , Otter Tail County has applied to the Commissioner ofTransportation for a grant from the Minnesota State Transportation Fund for construction of Bridge No . 56545 ; and WHEREAS , the Commissioner ofTransportation has given notice that funding for this project is available; and WHEREAS , the amount of the grant has been determined to be $266,088.30 by reason of the lowest responsible bid; NOW THEREFORE, be it resolved that Otter Tail County does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.50, and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for the project but not required. The proper county officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant. The motion for the adoption of the foregoing resolution was introduced by Commissioner Bucholz, duly seconded by Commissioner Johnson and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 9th day of November 2021 . OTTER TAIL COUNTY BOARD OF COMMISSIONERS By : ________________ _ Leland R. Rogness , Board of Commissioners Chair Dated : November 23 , 2021 Attest. _______________ _ Nicole Hansen, Clerk Resolution for Agreement to State Transportation Fund Local Bridge Replacement Program Grant Terms and Conditions S.A.P. 056-675-035 Otter Tail County Resolution No. 2021 -172 WHEREAS , Otter Tail County has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for construction of Bridge No. 56J27 ; and WHEREAS , the Commissioner ofTransportation has given notice that funding for this project is available ; and WHEREAS , the amount of the grant has been determined to be $92,802 .00 by reason of the lowest responsible bid . Page 6 of9 Board of Commissioners' Meeting Minutes November 9, 2021 NOW THEREFORE, be it resolved that Otter Tail County does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.50, and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for the project but not required . The proper county officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant. The motion for the adoption of the foregoing resolution was introduced by Commissioner Johnson, duly seconded by Commissioner Mortenson and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 9th day of November 2021 . OTTER TAIL COUNTY BOARD OF COMMISSIONERS By : ________________ _ Leland R. Rogness, Board of Commissioners Chair Dated : November 23, 2021 Attest. _______________ _ Nicole Hansen, Clerk Minnesota LTAP Roadway Maintenance Training and Demo Day County Engineer Charles Grotte informed the Board that Otter Tail County will be hosting the Minnesota LTAP Roadway Maintenance Training and Demo Day on May 19, 2022 , at the Highway Garage in Fergus Falls. Contracts & Bonds - S.A.P. 056-675-035 Motion by Johnson, second by Mortenson and unanimously carried to authorize appropriate County Officials ' signatures to execute the contract between Otter Tail County and Houle Excavating, LLC for Project No . S.A.P . 056-675-035 . County State Aid Highway No. 67 Right of Way Acquisition Project No. S.A.P. 056-667-040 Negotiation No. 1 Otter Tail County Resolution No. 2021 -173 WHEREAS , Otter Tail County proposes to improve County State Aid Highway No. 67 from 0.25 miles north of CSAH 50 to 0.11 miles east of CSAH 54 located in: Sections 1, 12, 13, 24 & 25 of Tl 34N, R38W Sections 6, 7, 18, 19 & 30 of Tl 34N, R37W Section 36 ofTl 35N, R38W Section 30 & 31 ofT135N, R37W; and WHEREAS, the reason for the construction of this segment of County State Aid Highway No. 67 is due to the existing highway's poor condition and need for properly sized culvert; and WHEREAS , this improvement is necessary to provide for the safety of the traveling public; and WHEREAS , Otter Tail County has a right to acquire the right of way after an award of damages has been filed with the County Auditor in accordance with Minnesota Statute, Section 163.02 and 163 .12 ; and WHEREAS , all necessary additional highway rights of way and /or temporary construction easements have been acquired for this reconstruction except for 1 tract: The Tract owned by Peter Glen and Amy Ann W . Mursu The Tract being a strip of land described as follows: A 27.00-foot easement over, under and across the North Half of the Southeast Quarter of Section 36, Township 135 North, Range 38 West. Said easement is adjacent to the existing 33 .00-foot County State Aid Highway No. 67 . Said easement being between 33.00 and 60 .00 feet (distances measured at right angles to the center line of said County State Aid Highway) offset westerly from the following described line : Page 7 of9 Board of Commissioners' Meeting Minutes November 9, 2021 Commencing at the Southeast corner of said Section 36 ; thence North 00 degrees 18 minutes 27 seconds West on an assumed bearing along the East line of said Section 36 a distance of 1464.22 feet to the point of beginning; thence continuing North 00 degrees 18 minutes 27 seconds West along the East line of the Southeast Quarter of said Section 36 a distance of 20 .0 feet and there terminating . Excepting therefrom right of way of existing highways. Containing o.o, acre(s) more or less Subject to all previously recorded easements, if any. Also, that all utility lines can be placed on the right of way. Due to the resurfacing of County State Aid Highway No. 67 under Project No. S.A.P . 056-667-040, said strip being that described above, to be retained for CSAH No . 67 right-of-way recorded as Negotiation No. 1. NOW, THEREFORE, BE IT RESOLVED that the Otter Tail County Board of Commissioners hereby authorizes the acquisition of the requested right of way as described above pursuant to Minnesota Statute, Section 163 .02 and 163.12, and to take title and possession of that land after an award of damages has been filed with the County Auditor in accordance with Minnesota Statute, Section 163 .12; including the "Quick-Take " provisions provided for in Minnesota Statute 117 .042 . BE IT FURTHER RESOLVED that the Otter Tail County Attorney is authorized to file the necessary documents in court and represent the county in this matter. The motion for the adoption of the foregoing resolution was introduced by Commissioner Johnson, duly seconded by Commissioner Murphy and , after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 9th day of November 2021 . OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: November 23 , 2021 By : ________________ _ Attest _______________ _ Leland R. Rogness, Board of Commissioners Chair Nicole Hansen, Clerk RESOLUTION AUTHORIZING EXECUTION OF A TAX ABATEMENT AND DEVELOPMENT AGREEMENT Otter Tail County Resolution No. 2021 -174 WHEREAS , S & Z Properties, LLC , a Minnesota limited liability company (the "Company") have requested the County to assist with the construction a two-story mixed-use building with commercial space and residential rent units, and to grant an abatement to the Company of property taxes to be levied by the County on Parcel Identification Number 82000990068000 in the County (the "Project"); and WHEREAS , the Company and the County have determined to enter into a Tax Abatement and Development Agreement (the "Agreement") providing for assistance in connection with the Project. NOW, THEREFORE, BE IT RESOLVED by the Otter Tail County Board of Commissioners, as follows: 1. The County hereby approves the Agreement in substantially the form submitted, and the Board Chair and Clerk are hereby authorized and directed to execute the Agreement on behalf of the County. 2. The approval hereby given to the Agreement includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the County officials authorized by this resolution to execute the Agreement. The execution of the Agreement by the appropriate officer or officers of the County shall be conclusive evidence of the approval of the Agreement in accordance with the terms hereof. Page 8 of9 Board of Commissioners' Meeting Minutes November 9, 2021 The motion for the adoption of the foregoing resolution was introduced by Commissioner Johnson, duly seconded by Commissioner Bucholz and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 9th day of November 2021 . OTTER TAIL COUNTY BOARD OF COMMISSIONERS By: ________________ _ Leland R. Rogness, Board of Commissioners Chair Dated: November 23, 2021 Attest. _______________ _ Nicole Hansen, Clerk Solid Waste Master Plan Stephanie Falkers with SRF and Nathan Klett with FOTH gave a detailed presentation to the Board regarding the Solid Waste Master Plan and provided an overview of the county's role and responsibilities. They summarized public engagement opportunities and other components throughout the process that were used to develop the Plan and identified goals and guiding principles to assist with implementation. Next steps were reviewed, and a Public Hearing was requested. Motion by Johnson, second by Mortenson and unanimously carried to authorize a Public Hearing regarding the Solid Waste Master Plan on December 1, 2021, at 7:00 p.m . at the Government Services Center in Fergus Falls, MN . Amendment to November 29, 2021. Special Meeting Motion by Johnson, second by Mortenson and unanimously carried to move the November 29, 2021, special meeting to December 1, 2021, at 6:30 p.m. at the Government Services Center in Fergus Falls, MN. This special meeting is for the purpose of awarding the bid for the Phelps Mill foundation repair project. Adjournment At 12:06 p.m., Chair Rogness declared the Otter Tail County Board of Commissioners meeting adjourned. The next regular Board meeting is scheduled at 8:30 a.m. on Tuesday, November 23, 2021, at the Government Services Center in Fergus Falls and via live stream. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: November 23, 2021 By : ________________ _ Attest _______________ _ Leland R. Rogness, Board of Commissioners Chair Nicole Hansen, Clerk Page 9 of9 Vendor IName A-1 LOCK & KE Y LlC A-OX \J\IEILDI NG S UPPLY CO INC As.A RECYCLING LJLC AC E TOOlS FARGO ADVANCED ENGRAV ING IINC A LEX RUB BISH & R ECYCLING INC A LL AMER ICA PRESSURE WAS H ER MFG I A LLSli AT E PiETERB!LT G ROUP AMAZON CAJPITAl S ERV ICES IN C AMER ICAN W EW ING & GAS INC A NOKA CO TREASURY O F FICE A PPLIE TREE D ENT AL A PPLI ED CONCEPTS INC ARAMARK UN I FOR SERVICES A UTO VALU E FERGUS FAlLS BATTERY ,JUNCTION B EN H OLZER UNLI ITIE DWATBR LL C B EYER BODY S OP INC B LU FFTON O IL CO BRAUN V ENDING INC B RilAN'S REPAIR INC B Ril MHA l UEIR I N CERTIF IED A UT O REPAIR CITIZEN 'S A DV OCATE ClEAN SWEEP COMM ERC IAl S E RVICES COD E 4 S ERV ICES INC OOORE IR 'S O fFIIC E S llPPiL Y INC CllU...I GAN O F D ETRO IT l AK!E S CllU...I GAN O F WADE NA DACOT AH PA PER CO DAKOTA WHOLIESALIE T l R E INC DAN'S li01N ING &. RE P A IR DASH MEDICAJ L GLOVES INC DEANS DISTRIB UTING DICK'S STANDARD [)l T SOl UTI ONS IN C DOU Gl AS 00 JAIL EGG E CONST RUCTIO N IN C EILE CTIO SYSTEMS &. SOFTWARE EILL ENSON CAUlKI N G LJLC FAR !AM 'S G ENlllNE PARliS INC F ERG US FAlLSJCITY OF Page 1 of 5 Board of Commissioners' Meeting Minutes November 9, 2021 (Exhibit A) Amount 45.40 11J6 .09 1,780.00 249.00 386.9 11 599.73 140.00 7 , 190 .. 66 3,297.30 11J9 .58 1,SCI0 .00 205.00 70 11.00 14 11..26 19!3 .82 60.48 4 11.00 1,023.86 160.50 16.00 2 14 .50 10.58 38.23 94.52 1, 18.3 .00 2136 .94 1 ,155.3 11 1 1J5 .40 26 .00 350.32 510..64 90.90 3911.00 2,61J9 .99 178.00 27,884.00 61:J0.OO 717.50 39 6 .67 1 D,81J0 .OO 130 .. 115 3,375.00 Vendor IName F ERGUS H OME &. HA RDWARE F ID LAR T ECHNOLOGIES I C F IN KELS O NJB ETH FORKLIFTS Of MINNES OTA IN C FRAZEE -V ERGAS FORU M FIRO NTIER PR ECISION IN C GAl LAG H ER B EN EF IT SERV IC ES IN C GAl LS LJLC GODELJDA\IVN GODFATHER 'S EXT ERM INAT IN G INC GONTARE!KIJONAH GOPiH ER STATE ONE C A LL GRAIN G ER IN C G R EAS E CAR V EG E1iABLE FU E L S YS1i EMS G REAT AM ER ICA F INANCIIA L SV CS HAWES SEP11IC TANK PIJ MP I N G l LC H EAD T RAU MA MAR KETI NG LLC H ELPS YS1i EMS LLC H ENN IN G LANDMAR K CENT ER IN C H IG HPO INT HOMES H l lLTO P lUMB ER INC H O US1iO N EiN GIN EERIN G INC INNOVATIVE Offl C E SO lUTIO NS llC J A KE'S J OHNS LLC J ANUSZEWS Kl fGREGORY J EN ENfAD RilO N J OHNS O CO NTIROLS INC J OHNS ON FE ED INC K ITZMAN LAW O F FI CE LAKE REGIO N H EAL 11HCARE LAJK ES AREA CO O PERA 11IV E L A KES AREA TRUCK R EP A IR IN C LAKES C-O UNliRY SERV IC E COO P LA NGBMIC HAEL LARRY OTT INC T R U OK SERV IC E lARSONfL YNN LAR U W PAT LAWSON PRO D U CTS IN C LE IGHTON B ROADCASTIN G -F ERGUS FA LI B EIRTY T l R E R EC YOLI NG LLC LOCAT ORS & SUPPLI ES IN C M-R SIG N CO IN C Page 2 of 5 Board of Commissioners' Meeting Minutes November 9, 2021 (Exhibit A) Amou nt 653 . .47 3,37'U3 .,u.04 150 .'13 68.60 1,68 3 .. 95 1,2 15 .00 1,515 .. 5.4 28.82 355.25 10 0 .00 4!5 .. 90 4!6 6 .68 11 0 .00 296 . .4 11 95.00 375.00 4!3.4 .37 2,00 0 .00 2,00 0 .00 111 .. 97 1 3,820 .75 160 . .47 350 .00 23 .. '1 7 10 .76 835.0 6 12,538.3.4 1,500 .00 3,713.62 79 .36 12 .72 14!7 .50 33.4 .. '1 11 3,650.00 126.56 85 .. '1 2 71.4 .98 54!5 .00 2,117.05 1,0012 . .45 211 ,976 .2 11 Ve ndor Name MAN D EllKEJJOH N MARC-0 T ECHNO LOGIES LL C MAR K O N E MANUFACTII.JR IN G MAR KS HEEli SIJPR L Y INC MATTHEW BE ND ER & COMPANY INC MCCON NIOH R ISliORHER MEND CORRECTIO NAl CARE MIDSOTA TRAILJE R SALES & S ER V IC E MIDWEST PRil NT IN G C-0 MILILS COUNTRY MARKET MINNESOT A NATIV E LA DSCAPiE S MN POLJLIJT IO N C-ONTROL AGE N CY MNCCC l OOKBOX MOE/PAMELA MOORE EN G IN EERI N G IN C MOTION IN D USTRIES N ELC-0 F IRST A I D INC N ESS/STEV E N ETWORK S ERVIC ES COMPANY N EW YO R K MILJLS D ISPATOH N EWMAN PAINTIN G INC NORTHW EST T IRE INC O LSO N O:IL CO IN C O LSON 111RE &. O i l O N E CALL LOCAT ORS Lm OTTE R ELECTRIC llC OTTE R T A IL CO H IST ORICAL SOCIETY OTTE R T A IL 11ElOOM OTTE RTAIL MINN-DAKOT A C-OAC H ES INC OTTE RTAIL TR UCKIN G INC O UIDO O' REIN OVATIONS LA N DSCAP E & PARKERS PRAIRIIE INDEPBN DEITT LlC/TI- P AWPU BUCATIO NS l lC B ATTLE lAKE R P EMBERT ON I.AW PlLP P EOPL EF ACTS LLC P 111N EY BO\IVES PO'iiVBR PlAN OIB P RA I R I E SCAl E S Y ST EMS IN C P REC IS E MR M llC P REC IS IO N CONCRET E CUTTING P RO AG FARMERS C-0 OP Q UADIENT lEASING USA I NC Page 3 of 5 Board of Commissioners' Meeting Minutes November 9, 2021 (Exhibit A) A mount 46.93 1,996.54 266.90 204.23 238. 0 197 .95 11 ,033.50 56.22 100.00 2,mm.00 850.00 3,6,70.ffi 30 0 .00 132. 7 19,608.09 1 ,176. 2 30 .45 1,mm.00 166 .. 42 132.42 550.00 42.74 1,0r19.70 52:0 .. 93 240 .32 2,256.29 2,00 0 .00 2,504.00 2,000.00 29,625.44 1,050.00 180.87 340.70 12,394.05 14 .09 964 .. 44 1,030.00 12,366.89 2,252 .. 47 2,088.00 109.20 2,568.24 Vendor IName RDO EQ U IPMENT CO R ING DAHl AM BUI..ANC E INC RINKE NOONAN LAW F l RM RO BERT N ORD'ICK CO NSTRUCTIO N LLC SA FORD H EAil TH SCHAKE/SAIRAH S ERVIC E FO OD S U PER VAlll S ERVICE ASTER CLEANING PROFESS!O S IGN\IVORKS S IGNS&. BANNERS LLC SOPP CO TIROL SERV IC ES INC STEINS INC STEV E'S SANITATI O N INC STRAND AC E HARDWARE S UMMIT FIRE PR OTEClllON S UMMIT FOOD S ERVIC E LlC SWANST O N E-Q U IPMENT CORP T : 0 SON REUllERS -W EST T : R I FTY WHITE P HA R MACY T IG GESID ENNIS TITT R EPAIR IN C TOS H IBA FI NAN O.IAl SERVIC ES TSCHl[lA/CRAI G ULTIMATE AUTO SAF ETY INC US AlJTOfORCE US BANIK EQU IPMENT f l NA C E V A GUARD A PPRAISALS INC V AUGHN A UT O &. MAR IN E 00 V EOLIA ES TEC HN ICAL SOWTIONS Ll C V ICT O R LlJ D EEN COMPAN Y WASTE MANAG EMENT WAYNE'S T OOl WAGON WSB & ASSOCIIA llES INC W ULJFEKUHlEIRANDY Y AV A ROWl'MA TIHEW Z IEGlER IINC Filila I T otal: Vendor Name AMAZON CAPIIAl S ERV ICES INC ASSOCIATION O f MN COUNTIES B ARRY/ !A.TALI E l ARSONl'NICK MN CORRECTIONS ASSOCIIA TION MN DEPT OF HUMAN S ERVIICES OTTER T A IL C-0 ATTO R N EY'S OfFIOE OTTE R T A IL CO S H E RIFF QUALITY TOYOTA SALV ATI ON AR YITHE STUliSMAJN C-0 S H ER IFF U l SCHM I DI LI ZA V ICT O R LlJ D EEN COMPAN Y W El COME PLAOEfTH E ZACHMAN NIKR I STA Fi nal T otal: Page 4 of 5 Board of Commissioners' Meeting Minutes November 9, 2021 (Exhibit A) Amount 70<9 .8 11 658.00 2,630.50 11 ,340.00 10,9011..42 5,20 0 .00 29 .42 1 ,069.50 397.00 8411_75 5,860.83 130.25 8 .94 385.00 8 ,61Jr7.50 1 ,712.36 3,640.50 1 ,733.47 5511.88 710.27 41Jr3 .00 14 11.112 259.08 560.04 1 ,483.26 750.00 153.95 1 3 ,248 .39 257 . .34 24 ,753-711 335-40 17,4311.75 20 .49 3 11 . .36 2 ,6,70.70 386,077.98 Amoun t 1 3.76 125.00 2 11.47 60.96 35.00 2 16..89 2 ,880.75 179.40 1 ,196.06 15,IJIJO .OO 60.00 106.63 95.00 15,IJIJO .OO 97.53 35,088.45 Vendor Name AMAZO CAPIT A l.. S ERVIC ES INC B ES6MAWKAREN BY EJlffilSTI N C l AY 00 HEAL Tl-t !DEPT DAHUM EllSSA DEM M ERfANDREA EIUl EN SOW MA TTIE F IELD/08B FRUSTOU A N E G EO R:GESONIA NTHONY G IBB S/ANN G U CKl'AM Y IN D EPE N D ENT CO NTRACT S ERVilCES OF KOEHLER-T AE ER YIA N NA MAR IE lEIGH TON BR:OADCASTING -FERGUS FA MAGN lJSSON IL.A N E MA!RTENSO N/PA U lA MCK!ESSON M EDICAl -SU RG ICAi.. M IDWEEK I NC/THE NA TI O NAl C EN TER O N SH AKEN BABY S 't' N ORT O PRI NTIN G CO OTTE R T A I L CO TREASU RER THACKERJSARAH V A N SANTEN/DANA W ENTVll'ORTHIKRIIST I W ESTBY/LI N DA F ina II Total: Page 5 of 5 Board of Commissioners' Meeting Minutes November 9, 2021 (Exhibit A) Amount 6,73.29 73 .. 92 2 .00 63 .4 11 65.52 25.20 11 .44 2 .24 6 . 6 4!9 .84 14.00 8 .4 5 ,620 .5 11 54.,88 1,192.00 5 .00 22.40 79 .. 64 22 .76 17.56 3 10.00 64.00 19 .. 00 18.87 18.75 88.76 9,47 .29 Exhibit B Board of Commissioners' Meeting Minutes November 9, 2021 (Exhibit B) The following described tract of land is located in Minnesota, Otter Tail County, approximately 3 miles northwest of Parkers Prairie, Minnesota, being part of the land described in a Trustee 's Deed from Mary M. Beers , Trustee of the Maurice W. Beers Trust u/d /t 8-18-94 to Robert A. Preuss , dated June 24, 2009 and recorded on June 25 , 2009 as Document Number 1059128 in the records of Otter Tail County, described according to the public land surveys : Township One Hundred Thirty-one (131) North, Range Thirty-seven (37) West, Fifth Principal Meridian: In section seven (7), that part of the Southwest Quarter Southeast Quarter (SWl /4 SEl /4) as delineated on a plat designated ROBERT A. PREUSS TRACT (940G), bearing the date of October 21 , 2021 on file in the Office of the Regional Director, Bloomington, Minnesota, U.S . Fish and Wildlife Service (FWS), more particularly described as follows: COMMENCING at a 1 /2 inch inside diameter iron pipe at the southwest corner of said Southwest Quarter Southeast Quarter (SWl /4 SEl /4); thence N.00 °53 '27"W . (Otter Tail County Coordinate System bearings and distances), along the west line of said Southwest Quarter Southeast Quarter (SWl /4 SEl /4), 70 .21 feet to a 1 inch diameter by 30 inch long aluminum post with a marked aluminum cap (FWS Monument) on the north right-of-way line of County Road Number 6 and the POINT OF BEGINNING; thence continuing N.00°53'27"W., along said west line, 1234.39 feet to a 1 /2 inch inside diameter iron pipe with a plastic cap marked "RLS 13145 " at the northwest corner of said Southwest Quarter Southeast Quarter (SWl /4 SEl /4); thence S.88 °32 '29 "E., along the north line of said Southwest Quarter Southeast Quarter (SWl /4 SEl /4), 1316.81 feet to a 1 /2 inch inside diameter iron pipe with a plastic cap marked "RLS 13145 " at the northeast corner of said Southwest Quarter Southeast Quarter (SWl /4 SEl /4); thence S.00°56'33 "E., along the east line of said Southwest Quarter Southeast Quarter (SWl /4 SEl /4), 1262 .15 feet to said north right-of-way line of County Road Number 6; thence N.88 °16'26"W., along said north right-of-way line, 346 .11 feet; thence continuing along said north right-of-way line on a tangential curve concave to the north having a central angle of 01 °29 '19 ", a radius of 11409.16 feet, an arc length of 296.43 feet and a chord bearing that bears N.87 °3 l '46"W., 296.42 feet to an FWS Monument; thence N.20 °04 '03 "E., not tangent to said curve, 390.56 feet to an FWS Monument; thence N.46 °20 '07"E., 140.24 feet to an FWS Monument; thence S.78 °42'11 "E ., 169 .28 feet to an FWS Monument; thence N.48 °20'25 "E., 78 .18 feet to an FWS Monument; thence N. l 2°l 9'10 "E., 195 .04 feet to an FWS Monument; thence N.79°20 '1 0"W., 307.45 feet to an FWS Monument; thence S. l 7°32 '55 "W., 512.11 feet to an FWS Monument; thence N.86 °39 '24 "W., 371.55 feet to an FWS Monument; thence S.57°04'01 "W ., 69 .70 feet to an FWS Monument; thence S.03 °46 '1 0"W., 199.41 feet to an FWS Monument on said north right-of-way line of County Road Number 6; thence westerly along said north right-of-way line on a non-tangential curve concave to the south having a central angle of 02 °45 '4 l ", a radius of 5779.58 feet, an arc length of 278.54 feet and a chord bearing that bears N.87°36 '42 "W., 278.52 feet to the POINT OF BEGINNING, containing 33 .22 acres . Page 1 of 1 Exhibit( Board of Commissioners' Meeting Minutes November 9, 2021 (Exhibit C) The following described tract of land is located in Minnesota, Otter Tail County, approximately 4 1/2 miles northwesterly of Dalton, Minnesota, being part of the lands described in a Warranty Deed from Rud C. Wasson and Marlene T. Wasson, husband and wife, to Rud C. Wasson and Marlene T. Wasson, Trustees, or their successors in trust, under the Wasson Family Revocable Living Trust, dated October 22 , 2009 and recorded December 21, 2009, as Document Number 1068260; in the records of Otter Tail County, described according to the public land surveys : Township One Hundred Thirty-two (132) North, Range Forty-two (42) West, Fifth Principal Meridian: In section twenty-two (22), that part of Government Lots Three (3), Five (5), and Six (6), as delineated on a plat designated WASSON FAMILY REVOCABLE LIVING TRUST TRACT (938G), bearing the date of August 4, 2021 on file in the Office of the Regional Director, Bloomington, Minnesota, U.S . Fish and Wildlife Service, more particularly described as follows: COMMENCING at a 1 /2" rebar and plastic cap with illegible marks at the southeast corner of the Southeast Quarter (SEl /4) of said section twenty-two (22); thence N.89°56'30"W., along the south line thereof, 2603.83 feet to a 1 /2" re bar with a plastic cap marked "RLS 17004" at the southwest corner of said Southeast Quarter (SEl /4); thence N.00°43'34"E ., along the west line of said Southeast Quarter (SEl /4) and the east line of said Government Lot Six (6), 4130.21 feet to the northeast corner of said Government Lot Six (6) and the POINT OF BEGINNING; thence N.89°20'04"W., along the north line of said Government Lot Si x (6), 964 .80 feet to a 1 /2" rebar with a plastic cap marked "RLS 17004"; thence S.02 °52'16"W ., 204.51 feet to a 1 /2" re bar with a plastic cap marked "RLS 17004", hereinafter known as "Tract Corner 3"; thence continue S.02 °52'16"W., 75 feet, more or less , to the shoreline of Little Indian Lake; thence southerly along said shoreline, 1141 feet, more or less, to the south line of said Government Lot Six (6); thence S.89 °30'08"E ., along said south line, 40 feet, more or less, to a 1 inch diameter by 30 inch long aluminum post with a marked aluminum cap (FWS Monument), which bears S.01 °33'34"E., 1174.58 feet from "Tract Corner 3"; thence continue S.89 °30 '08"E ., along said south line and the south line of said Government Lot Five (5), 2191 .45 feet to a 1/2" iron pipe at the most northeasterly corner of "Parcel A" as shown on Otter Tail County Document Number 1002831; thence N.20 °36 '07"W ., 598 .68 feet to an FWS Monument; thence N.11 °21 '25"E ., 785 .66 feet to an FWS Monument; thence S.86 °42 '34"E ., 295.12 feet to an FWS Monument; thence N.08°15'35"E., 421 .24 feet to an FWS Monument; thence N.27°09'43"W ., 90.55 feet to an FWS Monument; thence N.89 °59'31"W., 369 .00 feet to an FWS Monument; thence S.08 °19'17"W., 377.36 feet to an FWS Monument; thence N.86 °53'15 "W., 430.29 feet to an FWS Monument; thence S.22 °40 '32"W ., 217.31 feet to an FWS Monument; thence S.58 °02 '53"W ., 78.78 feet to an FWS Monument; thence N.71 °35 '04"W ., 529.44 feet to the POINT OF BEGINNING, containing 68 .91 acres , more or less. Page 1 of 1 Exhibit D Board of Commissioners' Meeting Minutes November 9, 2021 (Exhibit D) The following described tract of land is located in Minnesota, Otter Tail County, approximately 8 miles northwest of Urbank, Minnesota, being part of the land described in a Warranty Deed from Keith Rasmussen and Laura Rasmussen, husband and wife, to Andrew Yechout and Abbey Yechout, as joint tenants, dated March 5, 2021 and recorded March 12, 2021 as Document No . 1254640, in the records of Otter Tail County, described according to the public land surveys : Township One Hundred Thirty-one (131) North, Range Forty (40) West, Fifth Principal Meridian : In section fourteen (14), that part of the South Half of the Southwest Quarter (Sl /2 SWl /4), as delineated on a plat designated ABBEY YECHOUTTRACT (939G) bearing the date of September 29, 2021, on file in the Office of the Regional Director, Bloomington, MN, U.S . Fish and Wildlife Service, more particularly described as follows: COMMENCING at a 1 inch iron pipe at the southeast corner of said South Half of the Southwest Quarter (Sl /2 SWl /4) of section fourteen (14); thence N.00°52 '28 "W. (Otter Tail County Coordinate System bearings and distances), along the east line of said South Half of the Southwest Quarter (Sl /2 SWl /4), 16.50 feet to a 1 inch diameter by 30 inch long aluminum post with a marked aluminum cap (FWS monument) and the POINT OF BEGINNING; thence continuing N.00 °52'28 "W., along said east line, 1316.07 feet to an FWS monument at the northeast corner of said South Half of the Southwest Quarter (Sl /2 SWl /4); thence N.88 °17'46"W., along the north line of said South Half of the Southwest Quarter (S 1 /2 SWl /4), 1977.67 feet to a 5/8 inch diameter by 24 inch long rebar with a marked aluminum cap (FWS iron monument); thence S.10 °30'55 "W., 46 .83 feet to an FWS iron monument; thence N.79 °07'20"W., 290.32 feet to an FWS iron monument on said north line; thence N.88 °l 7'46"W., along said north line, 195.06 feet to an FWS iron monument; thence S.01 °03'37"W., 228 .00 feet to an FWS iron monument, hereinafter known as "Tract Corner 7"; thence continuing S.01 °03 '37"W ., 33 feet, more or less, to the shoreline of an unnamed lake; thence westerly along said shoreline, 242 feet, more or less , to the west line of said South Half of the Southwest Quarter (Sl /2 SWl /4); thence S.01 °03 '37"W ., 915 feet, more or less , to the southwest corner of said South Half of the Southwest Quarter (Sl /2 SWl /4), which bears S. l 3°04'18"W., 1009 .08 feet from said "Tract Corner 7"; thence S.85 °53 '59 "E., along the south line of said South Half of the Southwest Quarter (Sl /2 SWl /4), 2406.31 feet to an FWS monument; thence S.88 °51 '51 "E ., 317 .86 feet to the POINT OF BEGINNING; containing 77 .26 acres , more or less . 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