HomeMy WebLinkAbout10/07/2025 07.E. Resolution authorizing the purchase of a Temporary Construction Easement and a Permanent Easement from LF Holdings, LLC for the Nelson Dam Removal: i4
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.E.
For Meeting of: October 7, 2025
ITEM TITLE: Resolution authorizing the purchase of a Temporary Construction
Easement and a Permanent Easement from LF Holdings, LLC for the
Nelson Dam Removal: Water Supply, Fish Passage, and Riverine
Process Phase 2 Conveyance Improvements Project IC2010
(Irrigation Capital)
SUBMITTED BY: Scott Schafer, Public Works Director
*Mike Shane, Water/Irrigation Manager
SUMMARY EXPLANATION:
The City of Yakima Water/Irrigation Division requires a Temporary Construction Easement and a
Permanent Easement for the Nelson Dam Removal Project: Water Supply, Fish Passage, and Riverine
Process Phase 2 Conveyance Improvements Project IC2010 on Yakima County parcel number 181309-
42012 owned by LF Holdings, LLC.
Based upon market research of comparable properties, a formal offer of just compensation has been
made and accepted by LF Holdings, LLC for the Temporary Construction Easement (35,229 sq ft) and
Permanent Irrigation Mainline Easement (8,866 sq ft). Attached for City Council review.
Staff recommends execution of the Temporary Construction Easement and a Permanent Easement
between the City of Yakima and LF Holdings, LLC in an amount not to exceed $37,792.00 to provide a
temporary construction access easement and permanent easement to the property as described in the
Agreement.
The easements are to be funded by the Irrigation Capital Fund as part of the Nelson Phase 2
Conveyance Improvements Project.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: A Resilient Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Resolution
LF Holdings - Easement Offer Package - LFH_Signed.pdf
55
RESOLUTION NO. R-2025-
A RESOLUTION authorizing the purchase of a Temporary Construction Easement and a
Permanent Easement from LF Holdings, LLC for the Nelson Dam
Removal: Water Supply, Fish Passage, and Riverine Process Phase 2
Conveyance Improvements Project IC2010.
WHEREAS, the City of Yakima owns, operates, and maintains the Nelson Diversion
and irrigation distribution system in accordance with applicable Federal, State and Local
regulations; and
WHEREAS, new irrigation pipelines (conveyance improvements) are required to be
constructed from the Nelson Diversion east to the Hwy 12/North 40th Avenue interchange to
allow delivery of irrigation water to the City of Yakima and Naches Cowiche Canal Association
distribution systems; and
WHEREAS, construction is underway for the Nelson Dam Removal Project: Water
Supply, Fish Passage, and Riverine Process Phase 2 Conveyance Improvements Project
IC2010; and
WHEREAS, the City of Yakima Water/Irrigation Division requires a Temporary
Construction Easement and a Permanent Easement for the Nelson Dam Removal Project:
Water Supply, Fish Passage, and Riverine Process Phase 2 Conveyance Improvements
Project IC2010 on Yakima County parcel number 181309-42012 owned by LF Holdings, LLC to
construct improvements and operate and maintain those improvements once constructed; and
WHEREAS, the offer of just compensation is based upon market research of
comparable properties; and
WHEREAS, an offer has been made and accepted by LF Holdings, LLC for the
Temporary Construction Easement and Permanent Easement; and
WHEREAS, the City Council for the City of Yakima finds that purchasing the Temporary
Construction Easement and Permanent Easement from LF Holdings, LLC is in the best interest
of the City and its residents; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Temporary Construction Easement and
Permanent Easement between the City of Yakima and LF Holdings, LLC attached hereto and
incorporated herein by this reference, the total amount for both easements not to exceed
Thirty-Seven Thousand Seven Hundred Ninety-Two dollars ($37,792.00), to provide temporary
construction access and a permanent easement to the property as described in the agreement.
ADOPTED BY THE CITY COUNCIL this 7th day of October, 2025.
Patricia Byers, Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
56
Y-, `:e s OFFICE OF THE CITY MANAGER
k',. `' 129 North Second Street
.,' n.,= CITY HALL, Yakima,Washington 98901
,:",_.,..� Phone(509)575.6040
August 22, 2025
LF Holdings, LLC
ATTN: John Montgomery
3000 Lightning Way
Yikama, WA, 98903-2213
Offer Letter
Project Title: Nelson Dam Phase II— Conveyance Improvements
Parcel No.: 181309-42012
Dear Mr. Mongtomery:
The City of Yakima is proceeding with the Nelson Dam Phase 2 project which includes
installation of irrigation pipe from the Nelson Diversion, in the location of the former
Nelson Dam, to the City of Yakima. This phase of the project will also support additional
fish and wildlife habitat improvement as well as long term reduction of flood risk.
The purpose of this letter is to notify you of the following:
• The Agency's interest in acquiring your property and/or property rights for this
project.
• The Agency's determination of just compensation for your property and/or
property rights.
• The basic protections afforded to you by law.
As outlined below, the Agency has established an amount it believes is just compensation
based on the market value estimated for your property. The Agency's offer is as follows:
Permanent Easement: 8,866 SF $27,928.00
Temporary Easement: 35,229 SF $9,864.00
Total Amount: $37,792.00
The offer of just compensation is based upon market research of comparable properties.
Accordingly, an appraisal has not been completed on this property.
You may wish to employ professional services to evaluate the Agency's offer. If you do
so, we suggest that you employ well-qualified evaluators so that the resulting evaluation
report will be useful to you in deciding whether to accept the Agency's offer. The Agency
LPA-350 57
Revised 7/2024
will reimburse up to $750.00 of your evaluation costs upon submission of the bills or paid
receipts.
If a mutually agreeable settlement is not reached, the Agency, acting in the public
interest, will use its right of eminent domain to acquire property for public use. In
conformity with the Washington State Constitution and laws, the Agency's legal counsel
will file a condemnation suit to obtain a "Court Order of Public Use and Necessity", and
a trial will be arranged to determine the just compensation to be paid for the property.
This action is taken to ensure your rights as an individual property owner are protected. If
a condemnation action is filed,you should consider consulting with an attorney to ensure
that you receive appropriate representation.
The Internal Revenue Service (IRS) requires that the Agency obtain your correct taxpayer
identification number (TIN) or social security number (SSN)to report income paid to you
as a result of this real estate transaction.
Payment for your property and/or property rights will be made available to you as soon as
reasonably possible after acceptance of the Agency's offer, subject to approval by the
Yakima City Council,provided that there are not delays in closing the transaction. The date
on which payment is made available to you is called the "payment date". On that date, the
Agency becomes the owner of the property rights purchased and responsible for its control
and management.
If you have personal property presently located on the property being acquired by the
Agency that needs to be moved, the Agency will reimburse you for the cost of moving it
through the Relocation Assistance program.
Enclosed please find the following:
• A plan sheet showing the property rights needing to be acquired
• A copy of the valuation of your property
• The necessary legal documents for the transferring of the property or property
rights.
• W-9 per IRS requirements
This letter has been sent to provide a concise statement of Agency's offer and summary
of your rights. Please feel free to direct any questions you may have to the undersigned.
Thank you for your time and consideration.
Sincerely,
bat& Fiecee-r-
Bailie Elder,
LPA-350 58
Revised 7/2024
Acquisition Specialist, HDR Inc
425-418-8751 Bailie.Elder@hdrinc.com
Enclosures
Acknowledgment of receipt of Offer Letter
Signature: 6t14 f �'�^T� 1�` " Date: / /1)/20Zc.
Signature above does not mean acceptance or rejection of offer.
LPA-350 59
Revised 7/2024
After recording return document to:
YAKIMA CITY CLERK
129 N. 2ND STREET
YAKIMA, WA 98901
Document Title: Temporary Easement
Reference Number of Related Document: N/A
Grantor(s): LF Holdings, LLC
Grantee(s): City of Yakima
Legal Description: Part of the SW 1/4 NE 1/4 and that part of the NW 1/4 SE 1/4, Section 9,
T13N, R 18E W.M., YAKIMA COUNTY, WA
Additional Legal Description is on Page 4, 5, and 6 of Document.
Assessor's Tax Parcel Number: 181309-42012
TEMPORARY EASEMENT
Nelson Dam Phase II—Conveyance Improvements
The Grantor(s), LF Holdings, LLC, for and in consideration of TEN AND NO/100
($10.00) DOLLARS, and other valuable consideration, conveys and grants unto the City of
Yakima, WA, a municipal corporation and its assigns, Grantee, under the imminent threat of
the Grantee's exercise of its right of Eminent Domain, the right, privilege and easement over,
upon, and across the hereinafter described lands.
Said lands being situated in Yakima County, State of Washington, and described in
Exhibit A, attached hereto, and made a part hereof.
The term of this Temporary Easement shall commence on the date of mutual acceptance and
shall terminate TWELVE (12) MONTHS following date of commencement unless extended
pursuant to the language herein.
It is further agreed that this Temporary Easement may be extended by up to SIX (6) MONTHS
at the Grantee's option. If extended, the rate of compensation will be calculated at the same
monthly rate as the original 12-month Temporary Easement for as many months as needed,not
to exceed 6 additional months. Grantee shall notify Grantor in writing, and render payment,
prior to exercising this option.
FA No.N/A
LPA-325 Page 1 of(7)Pages Parcel Number: 181309-42004
Rev. 1/2023
60
TEMPORARY EASEMENT
It is understood and agreed that delivery of this temporary easement is hereby tendered
and that the terms and obligations hereof shall not become binding upon the City of Yakima,
WA, a municipal corporation, unless and until accepted and approved hereon in writing for the
City of Yakima, WA, a municipal corporation, by its authorized agent.
Dated: sGp-rGMW I 0 , 20 2 S
LF Holdings, LLC, a Washington limited liability company
By: R 7
John Mont ornery, Preside
Accepted and Approved
City of Yakima, WA11.<111
By:
Victoria Baker, City Manager
Date: , , 20
LPA-325 Page 2 of(7)Pages
Rev. 1/2023
61
TEMPORARY EASEMENT
Acknowledgment
STATE OF WASHINGTON ) .
: ss
County of Ya1z.,nna. )
On this \Q day of St\)'---G+v1b(..,( 20 ?-J , before me personally appeared John
Montgomery to me known to be the President of LF Holdings,LLC, a Washington
Limited Liability Company that executed the foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of said Limited Liability
Company, for the uses and purposes therein mentioned, and on oath stated that
(he/she/they) (is/are) authorized to execute said instrument.
94WWWItitt4i my hand and official seal the day and year last above written.
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ape dilll \C,w ; (,,,,LAA:ns
Notary Public in and for the State of
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a• s Washington, residing at yq,tC.Z(\V"
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This notarial act was completed:
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LPA-325 Page 3 of(7)Pages
Rev. 1/2023
62
TEMPORARY EASEMENT
Exhibit "A"
HLA Project 24202S
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT FOR
LF HOLDINGS LLC, PARCEL 181309-42012
That portion of the hereinafter described Parcel A lying Northwesterly of the following
described line:
Commencing at the most Westerly corner of said Parcel A, said point being the
intersection of the Northeasterly right of way line of Powerhouse Road and the
Southeasterly right of way line of Ackley Road;
Thence South 35°23'25" East along said Northeasterly right of way line 102.00 feet to
the Point of Beginning of said line;
Thence North 63°10'59" East 348.11 feet to the Northeasterly line of said Parcel A
and the terminus of said line.
EXCEPT any portion thereof described as follows:
Beginning at the most Westerly corner of said Parcel A, said point being the
intersection of the Northeasterly right of way line of Powerhouse Road and the
Southeasterly right of way line of Ackley Road;
Thence North 44°02'44" East along said Southeasterly right of way line 134.33 feet;
Thence North 89°02'44" East 231.06 feet to the Southwesterly right of way line of SR
12;
Thence South 59°40'38" East along said right of way line 38.52 feet;
Thence South 89°02'44" West 241.56 feet;
Thence South 44°02'44" West 141.64 feet to said Northeasterly right of way line of
Powerhouse Road;
Thence North 35°23'25" West 30.52 feet to the Point of Beginning.
Parcel A:
That part of the Southwest quarter of the Northeast quarter and that part of the
Northwest quarter of the Southeast quarter of Section 9, Township 13 North, Range
18 E.W.M., described as follows:
Beginning at a point in the North line of said Northwest quarter of the Southeast
quarter, 62 feet East of the Northwest corner thereof;
thence South 33° East 250 feet, along the center line of county road as said road
existed May 24,1909;
LPA-325 Page 4 of(7)Pages
Rev. 1/2023
63
TEMPORARY EASEMENT
thence South 19° West to a point in a line parallel with and distant 250 feet South,
measured at right angles from said North line;
thence East, along said parallel line, to the Southwesterly right of way line of the
Lombard-Horsley Ditch, the true name of which is NACHES & COWICHE DITCH, as
described in deed to Lloyd Garretson Company recorded February 18, 1927, under
auditor's File Number 411145;
thence Southeasterly, along said Southwesterly line, to a point distant 25 feet
Northwesterly, measured at right angles, from the center line of the main track of the
Northern Pacific Railway Company's Tieton (Cowiche) Branch as now located and
constructed;
thence Northeasterly, along a line parallel and concentric with and distant 25 feet
Northwesterly, measured at right angles and radially, from said tract center line to a
point in the Southwesterly boundary line of State road number 5, as now established,
which boundary line is parallel with and distant 150 feet Southwesterly measured at
right angles, from the center line of the main track of said Railway Company's
Naches Branch;
thence Northwesterly, along said Southwesterly boundary line, to the Southeasterly
right of way line of"F" Lane of primary State highway Number 5;
thence Southwesterly, along said right of way line, to the intersection of the Westerly
right of way line of the NACHES & COWICHE DITCH;
thence Northwesterly, along said ditch right of way line, to the North line of the
Northwest quarter of the Southeast quarter of said section;
thence West to the Point of Beginning;
Except right of way for county road;
And Except, all that portion of the Northwest quarter of the Southeast quarter of
Section 9, Township 13 North, Range 18 E.W.M. lying Northeasterly of the county
road
and Northwesterly of the line drawn parallel with and 35 feet Northwesterly, when
measured at right angles, from the "F" center line of Primary State Highway number
5, Jacobson to Fruitvale Boulevard;
And Except, that portion conveyed to the State of Washington for Primary State
highway number 5, recorded September 22, 1958, under auditor's File Number
1737718;
And Except, that portion conveyed to the State of Washington for SR 12 by
instrument recorded December 22, 1969, in Volume 757, under auditor's File Number
2209958.
AND. All that portion of Burlington Northern Railroad Company's 50-foot wide Brace
to Tieton Branch Line right-of-way, now discontinued, being 25 feet wide on each
side of the Main Track centerline as originally located and constructed upon, over
and across the North half of the Northwest quarter of the Southeast quarter of
Section 9, Township 13 North, Range 18 E. W.M., Yakima County, Washington,
LPA-325 Page 5 of(7)Pages
Rev. 1/2023
64
TEMPORARY EASEMENT
lying between the Northeasterly line of a 60-foot wide right-of-way line of Old
Powerhouse Road (state road number 5) and the Southwesterly line of a 100-foot
wide right-of-way of the primary state highway.
Situated in Yakima County, State of Washington.
Grantor's Initials
1/41''°"'
LPA-325 Page 6 of(7)Pages
Rev. 1/2023
65
i
TEMPORARY EASEMENT
Exhibit "B"
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.'ROJECTS/2018/18166/2024/18106-2024ESMTS.dwq HLA PRO..ECT NO. 24202
River Reed EASEMENT EXHIBIT
♦ ♦ HLA Yahoo, ?000 for, HDR, INC.
Puaso9.9613800 LF HOLDINGS, LLC PROPERTY
1 Ninon*and laud Surveying,Inc. MarwLl.avakom
YAKIMA COUNTY.WASHINGTON
LPA-325 Page 7 of(7)Pages
Rev. 1/2023
66
RETURN TO:
YAKIMA CITY CLERK
129 N. 2ND STREET
YAKIMA, WA 98901
DOCUMENT TITLE: IRRIGATION MAINLINE EASEMENT
GRANTOR: LF Holdings, LLC
GRANTEE: City of Yakima
ABBREVIATED LEGAL DESCRIPTION: Part of the SW' NE % and that part of the NW%
SE ' , Section 9, T13N, R 18E W.M., YAKIMA COUNTY, WA
ASSESSOR'S TAX/PARCEL NUMBER(S): 181309-42012
IRRIGATION MAINLINE FACILITY EASEMENT
TO THE CITY OF YAKIMA, WASHINGTON
For good and valuable consideration and other mutual benefits, the receipt of which are hereby
acknowledged, LF HOLDINGS, LLC, (Grantor) hereby conveys and warrants to the CITY OF
YAKIMA, a municipal corporation of the State of Washington (Grantee), its successors and
assigns, an easement on, over, under, along and across, real property, described as follows for
the purposes of constructing, reconstructing, inspecting and maintaining an irrigation main line,
irrigation system facilities, and necessary appurtenances and all actions and use of equipment
or access necessary to fulfill those purposes, described as follows for the purposes outlined
herein:
(SEE EXHIBIT A & B, ATTACHED HERETO)
Additional terms of this easement are as follows:
1. Grantee may construct, maintain, inspect and operate such permanent or temporary
surface or underground structures within the easement as are required for its irrigation facilities
and appurtenances and their inspection, operation, or maintenance, and its agents or
employees may enter the easement for the purpose of constructing, reconstructing, inspecting,
Page 1 of 9
67
IRRIGATION MAINLINE FACILITY EASEMENT
maintaining, operating, or relocating its irrigation facilities, lines and appurtenances (the
"Facilities"). Grantor retains the right to use the easement area for all purposes not inconsistent
with the uses granted to the Grantee herein. This easement does not constitute a conveyance
of the property or of the minerals therein and thereunder, but grants only the rights expressly
provided herein.
2. No permanent or temporary surface or underground structure or facility, including
public or private utility line(s) or other improvements, shall be constructed or located within the
easement without the prior written consent of the Public Works Director or his/her designee of
the Grantee, which consent shall not be unreasonably withheld. All construction, maintenance
and operation activities with respect to the easement, and any structures located therein or
thereon, must comply with federal, state, and local law. Construction, operation, and
maintenance with respect to the easement shall also conform to prevailing industry standards.
In the event permanent or temporary surface or underground structures, facilities or
improvements are located within the easement with written consent of Grantee, Grantor, at its
sole cost and expense, shall provide to the Grantee a copy of the as-built plans associated with
the improvements within ten (10) days of completion of construction.
3. The easement area shall be kept open, accessible, and passable at all times with the
exception that obstructions to accessibility shall be approved in writing by the Grantee's Public
Works Director or their designee prior to their installation or construction. Notwithstanding
anything to the contrary in this easement, at all times: Grantor shall have the right to locate
within the easement such things as operable automobiles (and other operable vehicles),
materials, product, and other movable items (collectively, the "Allowed Items"); provided that
Grantor shall remove such Allowed Items from the easement prior to Grantee's entry onto the
easement so long as Grantee has provided Grantor with any advance notice required herein
prior to Grantee's entry onto to the easement, and provided, further, that, in the event of an
emergency where Grantee is unable to provide Grantor with advance notice of such entry,
Grantee may move such Allowed Items.
4. No grade change in excess of one (1) foot in elevation shall be allov�red within the
easement without the prior written consent of the Grantee's Public Works Director or their
designee, which consent shall not be unreasonably withheld.
f
5. No trees, bushes, or other vegetation other than grass shall be planted within the
easement without the prior written consent of the Public Works Director or his/her designee of
the Grantee. Grantor acknowledges that any plantings in the easement, including those for
which consent is provided, are subject to removal by the Grantee if necessary to use the
easement, and Grantee shall not be required to replace such vegetation, or pay for replacement
of such vegetation.
6. Private irrigation facilities shall not be connected to the irrigation Facilities owned
and/or controlled by the Grantee without prior approval and required permits from the Grantee.
Any such private facilities shall conform to all regulations, state, federal or local laws, and permit
requirements existing at the time of the connection.
7. Except as set forth in Paragraph 3 above, Grantor shall not store, use, manufacture or
dispose of any materials within this easement except in compliance with all federal, state and
local laws. In no case may Grantor store, use, manufacture, or dispose of hazardous materials
or materials which constitute a public health hazard except in compliance with all applicable
federal, state and local laws.
Page 2 of 9
68
YM
IRRIGATION MAINLINE FACILITY EASEMENT
8. The Grantee shall, within a reasonable time after completion of construction or
maintenance work, restore the surface condition of the easement to a state equal to or better
than its state immediately prior to the construction or maintenance, subject to Paragraph 5,
above. The Grantor agrees to maintain the surface of the easement after the restoration work is
performed by the Grantee. The Grantee shall use all reasonable efforts not to interfere with the
Grantor's use and enjoyment of the rest of the property and any improvement thereon while
doing work or restoration work.
9. In the event the Grantor should sell or lease the property upon which the easement
may be located, the sale or lease will be subject to the restrictions and conditions described
herein which will be binding upon the Grantor's heirs, successors, and assigns. This easement
shall run with the land.
10. Indemnification.
A. Grantor agrees to release, defend, indemnify, hold harmless, and covenant not to
bring suit, the City, its elected and appointed officials, officers, employees, agents,
representatives, insurers, attorneys, and volunteers from and against any and all liabilities,
losses, damages, and expenses related to all claims, suits, arbitration actions, investigations,
and regulatory or other governmental proceedings arising from or in connection with this
easement or the use thereof, or the acts, failures to act, errors or omissions of the Grantor, or
any of Grantor's agents, arising from or in connection with this easement or the use thereof, or
in any way related to the Grantor's activities in the easement area, including any liability
imposed by law for the clean-up or damages caused by the release or disposal of hazardous
materials within the easement by Grantor or its predecessors in interest.
B. The obligations of the Grantor under the indemnification provisions of this paragraph
shall apply regardless of whether liability for damages arising out of bodily injury to persons or
damages to property were caused or contributed to by the concurrent negligence of the City, its
elected or appointed officials, officer, agents, employees or contractors. The provisions of this
section, however, are not to be construed to require the Grantor to hold harmless, defend or
indemnify the City as to any claim, demand, suit or action which arises out of the sole
negligence of the City. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantor's waiver of immunity under Title 51
RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated
by the parties. In the event that any court of competent jurisdiction determines that this
Easement is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity
provisions hereunder shall be deemed amended to conform to said statute and liability shall be
allocated as provided therein.
C. Notwithstanding any other provisions of this Section, the Grantor assumes the risk of
damage to its facilities, structures or other property located in the easement parcel, if any, from
activities conducted by the City, its officers, elected or appointed officials, agents, employees,
and contractors. The Grantor releases and waives any and all claims against the City, its
elected or appointed officials, officers, agents, employees and contractors for damage to or
destruction of the Grantor's facilities, structures or other property caused by or arising out of
activities conducted by the City, its officers, agents, employees and contractors, in the
easement subject to this Easement, including the easement parcel, except to the extent any
such damage or destruction is caused by or arises from the sole negligence or any willful or
malicious action on the part of the City, its officers, agents, employees or contractors.
Page 3 of 9
69
IRRIGATION MAINLINE FACILITY EASEMENT
D. Grantor shall be solely responsible for and shall defend, indemnify and hold the City,
its elected and appointed officials, officers, agents, employees and contractors, harmless from
and against any and all costs, claims, liabilities, including reasonable attorneys' fees and costs,
arising from or in connection with the removal, cleanup or restoration of the easement parcel
with regards to hazardous materials from any and all sources other than those hazardous
materials introduced to the easement parcel by the City, for which the City shall be solely
responsible.
E. The provisions of this Section shall survive the revocation or termination of this
easement agreement.
11. Not less than seventy-two hours prior to the commencement of any construction,
maintenance, replacement, relocation, or removal of the Facilities within the easement, the
Grantee may notify the Grantor in writing or orally, and identify its intentions for the work,
including how it intends to address questions of access, security, and any other impacts of the
work, provided that such notice may not be given in the case of emergency. In the event the
Grantee must undertake emergency work, it may provide notice to the Grantor either before or
after commencement of the work as the emergency reasonably allows. At all times during any
period of time that Grantee is at the easement, Grantee shall have in place insurance with
commercially reasonable amount and types of coverage, providing coverage for Grantee's
activities and omissions at the easement. The provisions of Paragraph 11 are subject to the
provisions of Paragraph 3 above.
12. Grantee shall maintain its Facilities at its sole cost and expense. If any tax or other
assessment is imposed upon Grantee as a result of the rights provided to Grantee under this
Agreement with respect to the Easement or upon the personal property of Grantee located
within the Easement, then Grantee shall pay such tax or other assessment prior to delinquency.
13. It is agreed that this Easement (including its Exhibit(s)) covers the entire agreement
between the parties and no representations or statements, verbal or written, have been made
modifying, adding to or changing the terms of this Easement. The terms and conditions hereof
shall inure to the benefit of and be binding upon Grantor and Grantee and their representatives,
successors or assigns.
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14. If a court of competent jurisdiction holds any part, term or provision of this Easement to
be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be
affected, and the parties' rights and obligations shall be construed and enforced as if the
Easement did not contain the particular provision held to be invalid. If any provision of this
Easement is in direct conflict with any statutory provision of the State of Washington, that
provision which may conflict shall be deemed inoperative and null and void insofar as it may
conflict, and shall be deemed modified to conform to such statutory provision.
15. The waiver by Grantor or Grantee of the breach of any provision of this Easement by the
other party shall not operate or be construed as a waiver of any subsequent breach by either
party or prevent either party thereafter enforcing any such provision.
16. Notices shall be sent by registered or certified mail, postage prepaid or hand delivered.
Such notices shall be deemed effective when mailed or hand delivered at the addresses
specified below.
Page 4 of 9
70
1
IRRIGATION MAINLINE FACILITY EASEMENT
CITY OF YAKIMA, GRANTEE LF HOLDINGS, L C, GRANTOR:
c/o Public Works Director c/o het. edit- j f4 z*
129 North 2"d Street Add�rpss: 056 W N/ 1
Yakima, WA 98901 UNI Ai W 3
509-575-6000 Telephone: 6 -2 — er .
Either party may update its notice information by providing an update in writing to the other
party.
17. This Easement shall be recorded with the Yakima County Auditor. Grantee shall be
responsible for recording this Easement and providing a conformed copy to Grantor for its
records within ten (10) days of both parties signing the Easement.
18. Grantor represents and warrants to the City that: (i) Grantor has all necessary power
and authority to execute and deliver this easement to the City; (ii) Grantor is the owner of the
herein-described real property; (iii) that said property does not have any other easements,
restrictions, reservations, other servitudes or conditions not of record, shown on the plat or
visible by inspection over, above, underneath or through the property subject to this easement
agreement; and (iv) to the best of Grantor's actual knowledge, Grantor has never generated,
stored, handled, or disposed of any hazardous waste or hazardous substance upon the
easement area, and Grantor has no actual knowledge of such uses historically having been
made of the easement area or such substances historically having been introduced thereon.
IN WITNESS WHEREOF, the parties have caused is instrument to be executed this
0 day of Seri. Bed., . , 20
CITY OF YAKIMA, GRANTEE LF HOLDINGS, LLC, GRANTOR
�/ r
By By ,c Kerr
City21 -
Manager Johrf`Idlont ontgomery
9 9 rY
Title: President V/15/25".
ATTEST:
By
Rosalind Ibarra, City Clerk
Page 5 of 9
71
IRRIGATION MAINLINE FACILITY EASEMENT
STATE OF WASHINGTON )
: ss
County of )1Ol1,;\(NA - J
On this 10 day of S4.04-tiv x.e- 20 6 , before me personally appeared John
Montgomery to me known to be the President of LF Holdings,LLC, a Washington
Limited Liability Company that executed the foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of said Limited Liability
Company, for the uses and purposes therein mentioned, and on oath stated that
(he/she/they) (is/are) authorized to execute said instrument.
GINSAliiiiihder my hand and official seal the day and year last above written.
0:0
,a . ,?"NOTARY •;
ti„•„* • F. Notary Public in and for the State of
Pueu' Washington, residing at Yce4 r l oG
•
' �}y�•fir•+Ott
'ilylj�¢ My commission expires Di I l.0/aq
���nuununa+�
This notarial act was completed:
In Person
E In Person Electronic
E Remote Using Communication Technology
Page 6 of 9
72
IRRIGATION MAINLINE FACILITY EASEMENT
Exhibit "A"
LEGAL DESCRIPTION FOR PROPOSED IRRIGATION EASEMENT FOR
LF HOLDINGS LLC, PARCEL 181309-42012
That portion of the hereinafter described Parcel A described as follows:
Beginning at the most Westerly corner of said Parcel A, said point being the intersection of the
Northeasterly right of way line of Powerhouse Road and the Southeasterly right of way line of
Ackley Road;
Thence North 44°02'44" East along said Southeasterly right of way line 134.33 feet;
Thence North 89°02'44" East 231.06 feet to the Southwesterly right of way line of SR 12;
Thence South 59°40'38" East along said right of way line 38.52 feet;
Thence South 89°02'44" West 241.56 feet;
Thence South 44°02'44" West 141.64 feet to said Northeasterly right of way line of Powerhouse
Road;
Thence North 35°23'25" West 30.52 feet to the Point of Beginning.
Parcel A:
That part of the Southwest quarter of the Northeast quarter and that part of the Northwest quarter
of the Southeast quarter of Section 9, Township 13 North, Range 18 E.W.M., described as
follows:
Beginning at a point in the North line of said Northwest quarter of the Southeast quarter, 62 feet
East of the Northwest corner thereof;
thence South 33° East 250 feet, along the center line of county road as said road existed May
24,1909;
thence South 19° West to a point in a line parallel with and distant 250 feet South, measured at
right angles from said North line;
thence East, along said parallel line, to the Southwesterly right of way line of the Lombard-
Horsley Ditch, the true name of which is NACHES & COWICHE DITCH, as described in deed
to Lloyd Garretson Company recorded February 18, 1927, under auditor's File Number 411145;
thence Southeasterly, along said Southwesterly line,to a point distant 25 feet Northwesterly,
measured at right angles, from the center line of the main track of the Northern Pacific Railway
Company's Tieton(Cowiche) Branch as now located and constructed; '
thence Northeasterly, along a line parallel and concentric with and distant 25 feet Northwesterly,
measured at right angles and radially, from said tract center line to a point in the Southwesterly
boundary line of State road number 5, as now established, which boundary line is parallel with
and distant 150 feet Southwesterly measured at right angles, from the center line of the main
track of said Railway Company's Naches Branch;
thence Northwesterly, along said Southwesterly boundary line,to the Southeasterly right of way
line of"F" Lane of primary State highway Number 5;
Page 7 of 9
73
I
IRRIGATION MAINLINE FACILITY EASEMENT
thence Southwesterly, along said right of way line, to the intersection of the Westerly right of
way line of the NACHES & COWICPIE DITCH;
thence Northwesterly, along said ditch right of way line, to the North line of the Northwest
quarter of the Southeast quarter of said section;
thence West to the Point of Beginning;
Except right of way for county road;
And Except, all that portion of the Northwest quarter of the Southeast quarter of Section 9,
Township 13 North, Range 18 E.W.M. lying Northeasterly of the county road
and Northwesterly of the line drawn parallel with and 35 feet Northwesterly, when measured at
right angles, from the "F" center line of Primary State Highway number 5, Jacobson to Fruitvale
Boulevard;
And Except, that portion conveyed to the State of Washington for Primary State highway
number 5, recorded September 22, 1958, under auditor's File Number 1737718;
And Except, that portion conveyed to the State of Washington for SR 12 by instrument recorded
December 22, 1969, in Volume 757, under auditor's File Number 2209958.
AND. All that portion of Burlington Northern Railroad Company's 50-foot wide Brace to Tieton
Branch Line right-of-way, now discontinued, being 25 feet wide on each side of the Main Track
centerline as originally located and constructed upon, over and across the North half of the
Northwest quarter of the Southeast quarter of Section 9, Township 13 North, Range 18 E. W.M.,
Yakima County, Washington,
lying between the Northeasterly line of a 60-foot wide right-of-way line of Old Power House
Road (state road number 5) and the Southwesterly line of a 100-foot wide right-of-way of the
primary state highway. a
Situated in Yakima County, State of Washington.
r
Grantor's Initials
$67)%---
Page 8 of 9
74
I
IRRIGATION MAINLINE FACILITY EASEMENT
Exhibit "B"
0 \ \
>/'-''''''',.'''''''''''''''(i.TS‘'''' ".........**,....... \
��� ti0
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/Ixa -S 89'02'44" W 231.06'
/ SQL oN 38.52'� (/�;'''N.,
\
J /���, \// S 8 PROPOSEDOS W 241.56'//�` �s\0•3 T2� e
�. \ IRRIGATION
/ �� ��� EASEMENT (8,866± •
SF) �,E 8 F SS\
\?� 44'02'44"S41.64' W Cci \ e'001i\'-
\ / 30.52' b \
0R\J�Vd
p( BUILDING \
\ \ �� BUILDING
\ \ C 1 LF HOLDINGS,LLC
\ \\ 181309-42012 J =�
r
\\o,0,, ._\\ \
s�\is, .P>' / d
_ , o9 / N 181309-42004
\\<CNI:::0 / 0 50 100
W E
• S
NOTE: BUILDING LOCATIONS
ARE BASED ON AERIAL
PHOTOGRAMMETRY
P:PROJECTS/2018%18106/2024/18106-2024ESMTS.dwg HLA PROJECT NO. 24202
2803 River Road EASEMENT EXHIIIT
44i HLA Yakima,
WA989°2509.966.7000
for, HDR, INC.
Fax 5099653800 LF HOLDINGS, LLC PROPERTY
Engineering and Land surveying,Inc. .11aeivil.eom YAKIMA COUNTY,WASHINGTON
Page 9 of 9
75
t
Form W'9 Request for Taxpayer Give form to the
(Rev.March 2024) Identification Number and Certification requester. Do not
Department of the Treasury Go to www.irs.gov/FormW9 for instructions and the latest information. send to the IRS.
Internal Revenue Service
Before you begin.For guidance related to the purpose of Form W-9,see Purpose of Form,below.
1 Name of entity/individual.An entry is required.(For a sole proprietor or disregarded entity,enter the owner's name on line 1,and enter the business/disregarded
entity's name on line 2.
L HaL15;nf s L Lc
2 Business name/disregarded entity name,i erentfrom above.
ri 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1.Check 4 Exemptions(codes apply only to
monly one of the following seven boxes. certain entities,not individuals;
o- see instructions on page 3):
c ❑ Individual/sole proprietor ❑ C corporation 4SCS corporation ❑ Partnership ❑ Trust/estate
0
• y LLC.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership) . . . . Exempt payee code(if any)
C. c Note:Check the"LLC"box above and,in the entry space,enter the appropriate code(C,S,or P)for the tax
v classification of the LLC,unless it is a disregarded entity.A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax
o 2 box for the tax classification of its owner. Compliance Act(FATCA)reporting
c S. ❑ Other(see instructions) code(if any)
1.a. 0
y= 3b If on line 3a you checked"Partnership"or"Trust/estate,"or checked"LLC"and entered"P"as its tax classification,
y and you are providing this form to a partnership,trust,or estate in which you have an ownership interest,check (Applies to accounts maintained
Q this box if you have any foreign partners,owners,or beneficiaries.See instructions
y Eloutside the United States.)
a) 5 Address(number,street,and apt.or uite no.).See instruct' Requester's name and address(optional)
a aaa L),Il17 n) G
6 City,state and ZIP code
(1t) a 49 ) ) , GI Pga3
7 List account number(s)here(option
Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding. For individuals,this is generally your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other — —
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a or
TIN,later.
Employer identification number
Note:If the account is in more than one name,see the instructions for line 1.See also What Name and I_ �j
Number To Give the Requester for guidelines on whose number to enter. 2 0
- I / 4 5'1 a
Certification r
Under penalties of perjury, I certify that:
1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2.I am not subject to backup withholding because(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividendh,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3.I am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,
acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and,generally,payments
other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later.
Sign Signature /�
Here U.S.person
� ""'!i" '�'►��.•►�'-"-a Date ?/II/2,r)2
General Instructions New line 3b has been added to this form.A flow-through entity is
required to complete this line to indicate that it has direct or indirect
Section references are to the Internal Revenue Code unless otherwise foreign partners,owners,or beneficiaries when it provides the Form W-9
noted. to another flow-through entity in which it has an ownership interest.This
Future developments. For the latest information about developments change is intended to provide a flow through entity with information
related to Form W-9 and its instructions,such as legislation enacted regarding the status of its indirect foreign partners,owners,or
after they were published,go to www.irs.gov/FormW9. beneficiaries,so that it can satisfy any applicable reporting
requirements. For example,a partnership that has any indirect foreign
What's New partners may be required to complete Schedules K-2 and K-3.See the
Partnership Instructions for Schedules K-2 and K-3(Form 1065).
Line 3a has been modified to clarify how a disregarded entity completes
this line.An LLC that is a disregarded entity should check the Purpose of Form
appropriate box for the tax classification of its owner.Otherwise,it
should check the"LLC"box and enter its appropriate tax classification. An individual or entity(Form W-9 requester)who is required to file an
information return with the IRS is giving you this form because they
Cat.No.10231X Form W-9(Rev.3-2024)
76
Department of Real Estate Excise Tax Affidavit (RCW 82.45 WAC 458-61A) ti
Revenue Only for sales in a single location code on or after April 1,2025.
Woshington State This affidavit will not be accepted unless all areas on all pages are fully and accurately completed.
Form 84 0001 a This form is your receipt when stamped by cashier.Please type or print.
0 Check box if partial sale,indicate% sold. List percentage of ownership acquired next to each name.
1 Seller/Grantor 2 Buyer/Grantee
Name LF Holdings, LLC,a Washington limited liability company Name City of Yakima
City Hall
Mailing address 3000 Lightning Way Yikama,WA,98903-2213 Mailing address 129 North Second Street
City/state/zip City/state/zip Yakima,WA 98901
Phone(including area code) Phone(including area code)
3 Send all property tax correspondence to:❑Same as Buyer/Grantee List all real and personal property tax Personal Assessed
F Holdings, LLC,a Washington limited liability company parcel account numbers property? value(s)
Name Portion of 181309-42012 0 $1,190,500.00
Mailing address 3000 Lightning Way ❑ $0.00
City/state/zip
Yikama,WA,98903-2213 ❑ $0.00
4 Street address of property 5501 W Powerhouse Rd Yakima
This property is located in Yakima County (for unincorporated locations please select your county)
0 Check box if any of the listed parcels are being segregated from another parcel,are part of a boundary line adjustment or parcels being merged.
Legal description of property(if you need more space,attach a separate sheet to each page of the affidavit).
5 21 - Food and kindred products 7 List all personal property(tangible and intangible)included in selling
price.
Enter any additional codes
(see back of last page for instructions)
Was the seller receiving a property tax exemption or deferral
under RCW 84.36,84.37,or 84.38(nonprofit org.,senior If claiming an exemption,enter exemption code and reason for
citizen or disabled person,homeowner with limited income)?❑Yes m No exemption.*See dor.wa.gov/REET for exemption codes*
Is this property predominately used for timber(as classified Exemption No.(sec/sub) VVAC;458-61 A-206
under RCW 84.34 and 84.33)or agriculture(as classified under Reason for exemption
RCW 84.34.020)and will continue in it's current use?If yes and
the transfer involves multiple parcels with different classifications, ❑Yes No
complete the predominate use calculator(see instructions)
6 Is this property designated as forest land per RCW 84.33? Ekes INo
Type of document Easement
Is this property classified as current use(open space,farm
and agricultural,or timber)land per RCW 84.34? ❑Yes m No Date of document
Is this property receiving special valuation as historical Gross selling price 37,792.00
property per RCW 84.26? ❑Yes 0 No *personal property(deduct) 0.00
If any answers are yes,complete as instructed below. 37,792.00
(1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Exemption claimed(deduct)
NEW OWNER(S):To continue the current designation as forest land Taxable selling price 0.00
or classification as current use(open space,farm and agriculture,or Excise tax:state
timber)land,you must sign on(3)below.The county assessor must then 0.00
determine if the land transferred continues to qualify and will indicate Less than$525,000.01 at 1.1%
by signing below.If the land no longer qualifies or you do not wish to From$525,000.01 to$1,525,000 at 1.28% 0.00
continue the designation or classification,it will be removed and the 0.00
compensating or additional taxes will be due and payable by the seller From$1,525,000.01 to$3,025,000 at 2.75%
or transferor at the time of sale(RCW 84.33.140 or 84.34.108).Prior to Above$3,025,000 at 3% 0.00
signing(3)below,you may contact your local county assessor for more 0.00
information. Agricultural and timberland at 1.28%
This land: 0 does ❑does not qualify for Total excise tax:state 0.00
continuance. 0.0025 Local 0.00
Deputy assessor signature Date *Delinquent interest:state 0.00
(2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) Local 0.00
NEW OWNER(S):To continue special valuation as historic property,sign *Delinquent penalty 0.00
(3)below.If the new owner(s)doesn't wish to continue,all additional tax Subtotal 0.00
calculated pursuant to RCW 84.26,shall be due and payable by the seller
or transferor at the time of sale. *State technology fee 5.00
(3)NEW OWNER(S)SIGNATURE Affidavit processing fee 5.00
Signature Signature Total due 10.00
A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX
Print name Print name *SEE INSTRUCTIONS
8 I CERTIFY UNDER PENALTY OF P JURY THAT THE FOREGOING IS TRUE AND CORRECT
Signature of grant r r agent r4 Signature of grantee or agent
Name(print) b'Ln » t '"r" Name(print)
Date&city of signing /f0 2D`5 tit/Df ‘" Date&city of signing
Perjury in the second degree is a class C felony which is punishable by confinement in a state correctional institution for a maximum term of five years,or by
a fine in an amount fixed by the court of not more than$10,000,or by both such confinement and fine(RCW 9A.72.030 and RCW 9A.20.021(1)(c)).
To ask about the availability of this publication in an alternate format for the visually impaired,please call 360-705-6705.Teletype
(TTY)users may use the WA Relay Service by calling 711.
REV 84 0001a(3/17/25) THIS SPACE TREASURER'S USE ONLY COUNTY TREASURER
Print on legal size page!
Page 1 of 1
Instructions 00
Note:To report a transfer of a controlling interest in real property, please use the Real Estate Excise Tax Affidavit Controlling
Interest Transfer Return, Revenue Form No. 84-0001B.This form is available online at dor.wa.gov/REET.This affidavit must be
fully and accurately completed. If it is not,the county has the authority to reject the affidavit. See WAC 458-61A-303(6)
Section 1:
If the sale involves property in more than one location code, use the Multiple Location Real Estate Excise Tax Affidavit.
If the sale is less than 100%, check the box"Check if partial sale" and fill in the percentage sold.
Enter the name(s) of seller/grantor exactly as listed on the legal conveyance document including the method of holding title.
Attach additional page if necessary to fully list all grantors.
Section 2:
Enter the name(s) of buyer/grantee exactly as listed on the legal conveyance document including the method of
holding title. List the percentage acquired after each name.Attach additional page if necessary to fully list all grantees.
Section 3:
• Enter the name and address where you would like all future property tax information sent.
• Enter the tax parcel number and current assessed value for real and personal property being conveyed in this
county. Check the box to indicate personal property.
Section 4:
• Enter the street address of the property.
• Enter the county if in unincorporated area. Enter city name if located within a municipality.
• Enter the legal description of the property.Attach an additional page if necessary.
Section 5:
Enter the appropriate land use code for the property. Please list all codes that apply on the lines provided in section 5.
9- Land with mobile home 26- Paper and allied products 64- Repair services
10- Land with new building 27- Printing and publishing 65- Professional services
11- Household, single family units 28-Chemicals (medical, dental, etc.)
12- Multiple family residence (2-4 29-Petroleum refining and related 71-Cultural activities/nature
Units) industries exhibitions
13- Multiple family residence (5+ 30- Rubber and miscellaneous plastic 74- Recreational activities
Units) products (golf courses, etc.)
14- Residential condominiums 15- 31- Leather and leather products 32- 75- Resorts and group camps
Mobile home parks or courts 16- Stone, clay and glass products 33- 80-Water or mineral right
Hotels/motels Primary metal industries 81-Agriculture (not in current use)
17- Institutional Lodging 34- Fabricated metal products 83-Agriculture current use
(convalescent homes, nursing 35- Professional scientific RCW 84.34
homes, etc.) and controlling instruments; 86-Cannabis grow operations
18-All other residential not coded photographic and optical goods; 87-Sale of Standing Timber
19-Vacation and cabin watches/clocks manufacturing 88- Forest land designated
21- Food and kindred products 22 39- Miscellaneous manufacturing 50- RCW 84.33
-Textile mill products Condominiums-other than residential 91- Undeveloped Land (land only)
23-Apparel and other finished 53- Retail Trade-general 94-Open space land RCW 84.34
products made from fabrics, merchandise 54- Retail Trade-food 95-Timberland classified
leather, and similar materials 24- 58-Retail trade-eating&drinking RCW 84.34
Lumber and wood products (restaurants, bars) 96 Improvements on leased land
(except furniture) 59-Tenant occupied, commercial
25- Furniture and fixtures properties
• Check yes if the seller was receiving a property tax exemption or deferral under RCW 84.36, 84.37,or 84.38(nonprofit
organization,senior citizen,or disabled person, homeowner with limited income).
• Check yes if the land is primarily used for timber as defined by RCW 84.34 and 84.33 or agriculture as defined by RCW
84.34.020 AND the county assessor has signed that the land does qualify for continuance in the Notice of Continuance in
Section 6.See ETA 3215 for additional information. If the sale involves multiple parcels in which one or more parcel(s) is
classified as above and one or more parcel(s) is not included in these classifications,you must complete the predominate
use worksheet which can be found at dor.wa.gov/REET.
Section 6:
Indicate whether the property is designated as forest land per chapter 84.33 RCW, classified as current use (open space,farm,
agricultural, or timber) per chapter 84.34 RCW, or receiving special valuation as historic property per chapter 84.26 RCW.
Section 7:
• List personal property included in the selling price of the real property. For example, include tangible (furniture,
equipment, etc.) and intangible (goodwill, agreement not to compete, etc.).
• Use Tax is due on personal property purchased without payment of the sales tax. Report use tax on your Combined Excise
Tax Return or a Consumer Use Tax Return, both available at dor.wa.gov.
• If you are claiming a tax exemption, cite the specific Washington Administrative Code (WAC) number, section and
subsection and provide a brief explanation. Most tax exemptions require specific documentation. Refer to the appropriat(
WAC to determine documentation requirements.WAC 458-61A is available online at dor.wa.gov/REET.
• Enter the type of document(quit claim deed, statutory warranty deed, etc.), and date of document(MM/DD/YYYY).
• Enter the selling price of the property.
• Selling price: For tax purposes,the selling price is the true and fair value of the property conveyed.When property is
conveyed in an arm's length transaction between unrelated persons for valuable consideration, there is a presumption
that the selling price is equal to the total consideration paid or contracted to be paid, including any indebtedness. Refer tc
RCW 82.45.030 for more information about selling price.
• Deduct the amount of personal property included in the selling price.
• Deduct the amount of tax exemption claimed per WAC 458-61A. Print on legal size pope►
Page 5ofi
Instructions Continued
• Calculate the state excise tax:
The state portion of excise tax is calculated using a graduated tax rate structure.The amount of tax increases as the
amount of the transaction increases. Each portion of the sales amount is taxed at a different rate.
Exception: Property designated as farm and agriculture or timberland is taxed at 1.28%per 83.34 RCW.
Instructions:
1. Enter the sale amount that falls within the specific threshold in column A.
2. Multiply the amount in column A by the state rate in column B. Enter the results in column C.
3. Enter the amount in column C on the appropriate threshold line on page 1 of the affidavit.
Example:This is how the state REET tax would be calculated on a sale totaling$1,600,000:
Column A Column B Column C
Threshold Amount within threshold State rate Tax
0 to$525,000 525,000 1.1% 5,775
525,000.01—1,525,000 1,000,000 1.28% 12,800
1,525,000.01 to 3,025,000 75,000 2.75% 2,062.50
3,025,000.01 and above 0 3.0% 0
Totals $1,600,000 $20,637.50
Calculate the state excise tax due using this chart:
Column A Column B Column C
Threshold Amount within threshold State rate Tax
0 to$525,000 1.1%
525,000.01—1,525,000 1.28%
1,525,000.01 to 3,025,000 2.75%
3,025,000.01 and above 3.0%
Totals
Enter the total state tax due on the Excise Tax:State line.
• Enter the local tax due due.This rate is based on the location in which the property is located. A list of local rates can
be found at dor.wa.gov/REET.
• Due Date, interest and penalties:Tax is due at the time of sale/transfer. If tax is not paid within one month of the date
of sale/transfer, interest and penalties will apply.The interest rate is variable and determined per RCW 82.32.050.
Delinquent penalties are 5%one month after the due date; 10%two months after the due date; and 20%three months
after the due date. (RCW 82.45.100)
• State technology fee:A$5.00 Electronic Technology Fee is due on all transactions. (82.45.180)
• Affidavit processing fee:A minimum of$5.00 shall be collected in the form of tax and processing fee.A processing fee
is due on all transactions where no taxis due and on all taxable transactions where the tax due is less than $5.00. (RCW
82.45.180)
Section 8:
• Both grantor(seller) and grantee (buyer), or the agent of each, must sign this form, certifying that all the information
provided is correct. Note: Original signatures required on the "County Treasurer" copy.
• Signatures may be required on the "Assessors" copy. Check with your county.
• Real Estate Excise Tax is a specific lien on the property.The filing of the affidavit may result in a lien on the parcel(s)
involved in the transfer if the proper tax is not paid at the time of transfer. RCW 82.45.070
Audit:
All transactions are subject to audit by the Department of Revenue. An audit will confirm the proper amount of tax was
paid and that any claim for exemption is valid. Failure to provide documentation as requested may result in the denial of
any exemptions claimed and the assessment of additional tax with applicable interest and penalties. WAC 458-61A-301(9)
Note: In the event of an audit, it is the taxpayer's responsibility to provide documentation to support the selling price or
any exemption claimed.This documentation must be maintained for a minimum of four years from date of sale. (RCW
82.45.100)
Ruling requests:
You may request a ruling on the taxability of the property transfer. Go to our website at dor.wa.gov/rulings or fax your
request to 360-705-6655.
Where to send completed forms:
Completed forms must be submitted to the County Treasurer's or Recorder's Office where the property is located.
To ask about the availability of this publication in an alternate format for the visually impaired, please call 360-705-6705.Teletype(TTY)users
may use the WA Relay Service by calling 711.
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F
REAL PROPERTY VOUCHER
AGENCY NAME I hereby certify under penalty of perjury that the items and amounts listed herein are
proper charges against the Agency,that the same or any part thereof
City of Yakima has not been paid,and that I am authorized to sign for the claimant.
Water/Irrigation Manager
2301 Fruitvale Blvd. SIGNATURE(IN INK)FOR EACH CLAIMANT DATED
Yakima, WA 98902
GRANTOR OR CLAIMANT(NAME,ADDRESS) TIN/SSN:
X
LF Holdings,LLC LF Holdings, LLC,a Washington limited liability company
3000 Lightning Way John Montgomery
Yikama,WA,98903-2213
PROJECT NO.AND TITLEZtt—.
x /v[•� /bl2$
FEDERAL AID NO. PARCEL NO. Its: President
N/A 181309-42012
In full,complete and final payment and settlement for the title or interest conveyed or released,as fully set forth in: DATED $ AMOUNT
LAND: _..
Permanent Waterline Easement + $27,928.00
Temporary Construction Easement + $9,864.00
IMPROVEMENTS:
DAMAGES:
Cost to Cure +
Proximity +
Other +
SPECIAL BENEFITS
JC(Just Compensation)Amount d $37,792.00
REMAINDER:
Uneconomic Remnant +
Excess Acquisition +
DEDUCTIONS:
Amount Previously Paid
Performance Bond
Salvage Amount
Pre Paid Rent
Other
ADMINISTRATIVE SETTLEMENT +
STATUTORY EVALUATION ALLOWANCE +
ESCROW FEE s +
REAL ESTATE EXCISE TAX +
OTHER:
ACQUISITION AGENT DATE Voucher No. TOTAL AMOUNT PAID
Bailie Elder $37,792.00
AUTHORIZED AGENT FOR AGENCY DATE
Mike Shane
LPA-321 10/2014
80