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by the title company used in the property transfer. Rather than forcing a legal judgement <br />against the title company, PW has pursued a voluntary perpetual easement from the <br />property owner involved. The property owner and PW are unable to reach acceptable <br />access conditions and I have given direction to abandon any further attempts at <br />reconciliation. While BNSF is unlikely to grant perpetual access easement to Kittitas <br />County, they are equally unlikely to allow the riverbank to fail imperiling their mainline. <br />Owing to the inability securing perpetual access easements from BNSF and key property <br />owners, it is disingenuous to continue having the USACE invest annual resources <br />inspecting the levee. The population served by the levee, as identified by USACE staff is <br />17 at an estimated value of $4,072,640 in assets ("Klocke Non -Federal Levee Yakima <br />River, Washington, August 2014) — attached as EXHIBIT 4. <br />FISCAL IMPACTS: <br />$40,000 is budgeted for Klocke Levee repair in the Flood Control Zone District 2021 <br />budget. <br />ATTACHMENTS: <br />Exhibit 1: 1983 Prosecuting Attorney's Office Legal Opinion Regarding Ongoing <br />Maintenance Obligations <br />Exhibit 2: 1969 Resolution accepting maintenance from USACE <br />Exhibit 3: 2017 USACE Levee Inspection Report <br />Exhibit 4: 2014 USACE Klocke Levee Overview Report <br />Page 2 of 6 <br />PUBLIC WORKS BOARD OF COUNTY CONIIvIISSIONERS WORK SESSION STAFF REPORT <br />