HomeMy WebLinkAboutLease Addendum DNRKITTITAS COUNTY AIRPORT
DEPARTMENT OF PUBLIC WORKS
ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE is made and dated this 5~ay o~ 20jL_, by
and between Kittitas County, a municipal corporation in the State of Washington, hereinafter
referred to as the LESSOR, and Department of Natural Resources, an agency of the State of
Washington, and hereinafter referred to as the LESSEE.
WI T N E S S E T H:
WHEREAS, LESSOR and LESSEE entered into a Lease on May 11, 1977, a copy of
which is attached hereto and by this reference incorporated herein; and
WHEREAS, according to Paragraph 2 "Rent", it states "DNR herewith agrees that the
rentals for every five-year period after the initial five-year period of the term of this lease may be
readjusted by the Board of County Commissioners not to exceed the fair rental value of such
lease premises not including any improvements made by lessee: provided, that in no event shall
such rental adjustment be greater than 40% of the rental for the previous five-year period; and
WHEREAS, it has been agreed between LESSOR and LESSEE that the following CPI
Index will be used for the time periods 7/01/2012 thru 6/30/2014 rental increases. The CPI Index to
be used:
"CPI -All Cities-All Items Size Class D Under 50,000"
WHEREAS, from 7/01/2017 thru 6/30/2019 the increase will be $0.03 per square foot per
the negotiated amount between the Lessor and Lessee for the lease of 8.12 acres (353,707.20 sq.
ft.). The next increase will require a Lease Amendment to be drafted on or before July 1, 2019 for
the next lease term for said 8.12 acres (353,707.20 sq. ft.).
DNR Lease Addendum PAGE 1
KITTITAS COUNTY AIRPORT
WHEREAS, the term and rental rate for the 5.02 acres (218,671.20 sq. ft.) will remain at
the rate of $0.12 per square foot with the renegotiation date to be at the end of said two year period ..
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties to a change
in rental rates and contract terms as follows:
1) "Paragraph #2-Rent" -Rental Rates for 7/01/2017 thru 6/30/2019 Term.
Terms and Rental Rates -8.12 acl'es (353,707 .20 sq. ft.)
1) "Paragraph #2 -Rent" -Rental Rates for 7/01/2017 thru 6/30/2019 Term.
Lease Periods: Rental Rate ($0.03 Rental Rate Per Total Per Year:
7 /01/17 thru 6/30/19 oer So. Ft) Acre
07/01/17 -06/30/18 $10,611.22 $1,306.80 $10,611.22
7/01/18 -06/30/19 $10,611.22 $1,306.80 $10,611.22
07/01/19 To Be Negotiated To Be Negotiated To Be Negotiated
Terms and Rental Rates -5.02 acres (218~671.10 ,q. ft.)
1) "Paragraph #2-Rent" -Rental Rates for 7/01/2017 thru 6/30/2019 Term .
Lease Periods: Rental Rate { $0.12 Rental Rate Per Acre Total Per Year:
07/01/17 thru per Sg. Ft)
06/30/19
07/01/17 -06/30/18 $26,240.54 $5,227.20 $26,240.54
07/01/18 -06/30/19 $26,240.54 $5,227.20 $26,240.54
07/01/19 To Be Negotiated To Be Negotiated To Be Negotiated
DNR Lease Addendum PAGE 2
KITTITAS COUNTY AIRPORT
All other terms and conditions of the aforementioned lease shall remain the same
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and affixed their
seals the day and year first above written.
Approved as to Form:
Prosecuting Attorney
WSBA # _____ _
DNR Lease Addendum
LESSOR:
BOARD OF COUNTY COMMJSSIONERS
KITTITAS COUNTY, WASHINGTON
~
~Cfi__
~~i-.,,,\:::10:::::n::e::r:::=======:_
LESSEE:
{),£ ('
DNR-Representativ:1"
PAGE 3
KITTITAS COUNTY AIRPORT
DEPARTMENT OF PUBLIC WORKS
ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE is made and dated this 1st day of May, 2015, by and between
Kittitas County, a municipal corporation in the State of Washington, hereinafter referred to as the LESSOR,
and Department of Natural Resources, an agency of the State of Washington, and hereinafter referred
to as the LESSEE.
W I T N E S S E T H:
WHEREAS, LESSOR and LESSEE entered into a Lease on May 11, 1977, a copy of which is
attached hereto and by th is reference incorporated herein; and
WHEREAS, on May 1, 2012 Addendum No. 1 was executed to set the rental rates as agreed upon
by the parties and as described below in Terms and Rental Rates-8.12 acres; and
WHEREAS, the LESSEE requested from LESSOR to lease an additional 5.2 acres abutting the
current acreage being leased; and
WHEREAS, a Binding Site Plan Amendment was completed to accommodate the request and has
been approved; and
WHEREAS, the legal description for said parcel is attached as Exhibit "A " to said Amendment;
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties that this Addendum to
Lease is to address the rental rates and contract terms as follows for the additional 5.2 acres and the current
rental rates and contract terms for the 8.12 acres:
Terms and Rental Rates -8.12 ac res (353,707.20 sq. ft.)
1) "Paragraph #2-Rent" -Rental Rates for 7/01/2012 thru 6/30/2017 Term .
Lease Periods: Current Rate CPl-2.3% New Rate Lease Periods:
7/01/12 thru 6/30/17 Lease 40% Iner.
7/01/12 -6/30/13 $3 430.00 $78.89 $3,508.89 7/01/12 -6/30/13
7/01/13-6/30/14 $3,430.00 $78.89 $3 508.89 7/01/13-6/30/14
7/01/14-6/30/15 $3,430.00 Per lease 40% Inc. $4,802.00 7/01/14 -6/30/15
7/01/15 -6/30/16 $3,430.00 Per Lease 40% Inc. $4,802.00 7/01/15 -6/30/16
7/01/16 -6/30/17 $3,430.00 Per Lease 40% Inc. $4,802.00 7/01/16 -6/30/17
7/01/17 To Be NeQotiated To Be NeQotiated 7/01/17
DNR Lease Addendum PAGE 1
KITTITAS COUNTY AIRPORT
Terms and Rental Rates -5.02 acres (218,671.20 sq. ft.)
1) "Paragraph #2 -Rent" -Rental Rates for 5/01/2015 thru 6/30/2017 Term .
Lease Periods: Rental Rate { 10.12 Q;er Rental Rate Per Acre Total Per Year:
05/01/15 thru 06/30/17 Sg. Ft)
05/01 /15 -06/30/15 $4,373.42 $5,227 .20 $4,373.42
07/01/15-06/30/16 $26,240.54 $5,227.20 $26,240.54
07/01/16 -06/30/17 $26,240 .54 $5,227.20 $26,240.54
07/01/17 To Be Negotiated To Be Negotiated To Be Negotiated
All other terms and conditions of the aforementioned lease shall remain the same
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and affixed their seals
the day and year first above written.
Prosecuting Attorney
WSBA# _____ _
DNR Lease Addendum
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Gc1ry Berndt, thairperson
ABSENT
Obie O'Brien, Vice-Chair
oc~ner
LESSEE:
rOJc·
DNR -Representativ~
PAGE 2
KITTITAS COUNTY AIRPORT
EXHIBIT "A"
Lot H-1A, Kittitas County Airport Amended Binding Site Plan (BS-15-00001), as
delineated on Book 39 of Surveys, at Pages 192 and 193, recorded under Auditor's File
No. 201506290003, Records of Kittitas County, Washington; being a portion of the
Southeast Quarter of Section 23, and of the Southwest Quarter of Section 24, all in
Township 18 North, Range 18 East, W.M., in the County of Kittitas, State of
Washington.
DNR Lease Addendum PAGE 3
KITTITAS COUNTY AIRPORT
DEPARTMENT OF PUBLIC WORKS
ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE is made and dated this 1st day of May, 2012, by and
between Kittitas County, a municipal corporation in the State of Washington, hereinafter referred
to as the LESSOR, and Department of Natural Resources, an agency of the State of
Washington, and hereinafter referred to as the LESSEE.
WIT N E S S ETH:
WHEREAS, LESSOR and LESSEE entered into a Lease on May 11, 1977, a copy of which
is attached hereto and by this reference incorporated herein; and
WHEREAS, according to Paragraph 2 "Rent", it states "DNR herewith agrees that the
rentals for every five-year period after the initial five-year period of the term of this lease may be
readjusted by the Board of County Commissioners not to exceed the fair rental value of such
lease premises not including any improvements made 'by lessee: provided, that in no event shall
such rental adjustment be greater than 40% of the rental for the previous five-year period; and
WHEREAS, it has been agreed between LESSOR and LESSEE that the following CPI
Index will be used for the time periods 7/01/2012 thru 6/30/2014 rental increases. The CPI Index to
be used:
"CPI -All Cities-All Items Size Class D Under 50,000"
From 7/01/2014 thru 6/30/2017 the increase will be based upon the 40% increase per the DNR
existing lease.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties to a change in
rental rates and contract terms as follows:
DNR Lease Addendum PAGE 1
1\1111-'V ·• I
1) "Paragraph #2-Rent" -Rental Rates for 7/01/2012 thru 6/30/2017 Term .
Lease Periods: Current Rate CPl-2.3% New Rate Lease Periods:
7/01/12 thru 6/30/17 Lease 40% Iner.
7/01/12 -6/30/13 $3.430.00 $78.89 3 508.89 7/01/12 -6/30/13
7/01/13 -6/30/14 $3.430.00 $78 .89 3,508.89 7/01/13;... 6/30/14
7/01/14 -6/30/15 $3,430.00 Per Lease 40% Inc. $4,802 .00 7/01/14-6/30/15
7/01/15-6/30/16 $3,430.00 Per Lease 40% Inc. $4,802.00 7/01/15 -6/30/16
7/01/16-6/30/17 $3,430.00 Per Lease 40% Inc. $4,802 .00 7/01/16 -6/30/17
7/01/17 To Be Negotiated To Be Negotiated 7/01/17
All other terms and conditions of the aforementioned lease shall remain the same
IN WITNESS WHEREOF, the Lessor and Lessee have signed their names and affixed
their seals the day and year first above written.
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Approved as to Form:
Prosecuting Attorney
WSBA # ______ _
LESSOR:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Alan Crankonch, Chairman 5/1 /1:;...
Obie O'Brien, Vice-Chairman
ABSENT
Paul Jewell, Corrmissioner
William J. Frare
Engineering Division Manager
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L E A S E
THIS :LEASE made and dated this JI~
\. oz.oo -00 ,)
EXl-lt/!JiT //-B-41a.
day of May, 1977, by
and between Kittitas County, a municipal corporation in the State
of Washington, hereinafter referred to as the County, and the
Department of 'Natural Resources, an agency of the State of Washing-
ton, hereinafter referred to as DNR.
The County hereby agrees to lease to DNR, and DNR hereby
agrees to lease from the County, the following described real
property situated in Kittitas County, Washington, to-wit:
All that portion of the SE 1/4 SE 1/4, Section 23 and
SW 1/4 SW 1/4, section 24, Township 18 North, Range
18 East, W.M., Kittitas County, Washington, described
as follows:
Beginning at-the Southwest corner of Section 24,
Township 18 North, Range 18 West, W.M., thence North
0°35' West along the West section line said Section
24 a distance of 60.0 feet to a true point of beginning. ·; 11
From the true point of beginning, thence Nor1;.h 87°-3?'60--3~
East a distance of 11!_7.73 feet, thence North 2°43'45" ·
West a distance of 3~7.19 feet, thence South'87°34'45"
West a distance of 1,029.25 feet, thence North 47°25'30"
West a distance of 391.35 feet, thence South 87°34'
West a distance of 91.63 feet, thence South 0°4l~~°bnf'.,.J~
East a distance of 386.78 feet, thence North 87°~"~
East a distance of 923.07 feet, thence South 0°35'00"
East a distance of 261. 53 feet, thence North 87° 35' 00"
East a distance of 29.04 feet which point is the true
point of beginning.
TERM: The term of this lease shall commence on the 1st day of
June, 1·977, and shall terminate on the 1st day of June, 2027.
RENT: The DNR shall pay the following rent on June 1, 1977, and
each year thereafter during the term in a.dvance the sum of
LEASE
PAGE ONE
JOSEPH PANATTONI
KlfflTA8 COUNTY PROSECUTOR
P,. O. BOX B7Y
El..LENliBUAG,. WASHINGTON •11•2•
TELt.PHONE (509) saa-•s••
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per annum. DNR herewith agrees that the rentals for
4 every five-year period after the initial five-year period of the
5 term of this lease may be readjusted by the Board of county
6 Commissioners not to exceed the fair rental value of such lease
7 premises not including any improvements made by lessee: PROVIDED,
8 That in no event shall such rental adjustment be greater than 40%
9 of the rental for the previous five-year period.
10 In the event the County and DNR cannot agree upon the rentals
11 for said five-year period, the parties shall submit to have the
12 disputed rentals for the subsequent period adjusted by arbitration.
13 The County shall pick one arbitrator, and DNR one, and the two so
14 chosen shall select a third. No board of arbitrators shall reduce
15 the rentals below the sum fixed or agreed upon for. the last
16 preceding period. Each party shall bear the expense of the
17 arbitrator selected by it. The costs and expenses of the third ..
18 arbitrator shall be shared equally by the lessee and lessor.
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UTILITIES: There presently exists a water system at the Kittitas
County Airport, and DNR shall be entitled to free water from said
system. All other utilities shall be paid by DNR. In the event
that the existing water system should fail and extensive repairs
should become necessary or it should become necessary to install a
new water system, DNR agrees at that time to commence paying a
reasonable charge for domestic water.
27 ASSIGNMENT: DNR sha·11 not assign nor sublet this lease nor any
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30 LEASE
PAGE TWO
JOSEPH PANATTONI
KITTITAS COUNTY PROSECUTOR
r-.o. BOX 877
ELLEN&DURQ. WASHlNGYOH ·••z.•
TELEPHONE (1108) eaB.s:t••
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3 portion thereof without first having obtained the written consent
4 of the County therefor.
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PROPERTY DAMAGE AND BODILY INJURY: The DNR hereby agrees to
indemnify and hold harmless the County from any and all claims or
demands of whatsoever nature arising out of loss, damage or injury
to persons or property resulting from DNR's use or occupation of
the leased premises and areas adjacent thereto caused by the
tortious acts or neglect of the DNR, its agents or employees to
the extent allowed by law.
13 QUIET ENJOr.t-1ENT : The County covenants with DNR ,that on payment of
14 the rent herein required to be paid and performance of the
15 covenants herein contained, DNR and those holding under it may
16 peaceably and quietly have, hold and enjoy the premises for the
17 term hereof, for the purpose of conducting its business in the
18 usual and customary manner.
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WAIVER: No assent, ex_press or implied, by the County to any branch
of any of DNR's covenants, agreements, conditions or terms hereof
shall be deemed or taken to be a waiver of any succeeding breach of
any ,covenant, agreement, condition or term hereof.
24 IN SPECTI ON : At all times during the term of this lease or any
25 extension thereof, the County shall have th~ right to enter into
26 and upon the demised premises during reasonable business hours for
27 the purpose of examining and inspecting the same and determining
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30 LEASE
PAGE THREE
JOSEPH PANATTONI
KlfflTA.6 COUNTY PROlll!:CUTOJII
P .a. •ox 877
ELLENSBURG. WASHINGTON ~••:it•
TE\.EP'HONE (11011) 93.9°!13161
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3 whether DNR shall have complied with all of its obligations here-
4 under in respect to the care and maintenance of the premises and al :
5 other terms and conditions hereof.
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WATER: DNR agrees to pay all water charges to the Kittitas County
Reclamation District,
9 SPECIAL CONDITIONS : Irrigation qitches must not be rerouted without
10 written approval from the Bpard of Kittitas County Commissioners.
'-11 Irrigation water utilized by the DNR will not be allowed to run off
12 on runways •
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FENCES AND DITCHES : The DNR shall care for and maintain all fences,
irrigating and drainage ditches upon said property or appurtenances
thereto in a state of good repair and condition during the term of
this lease.
18 WASTE: The DNR shall not commit waste of the leased property and
19 shall comply with all the regulations of the weed dis~rict within
20 which said leased property is included and shall use all reasonable
21 efforts to eradicate and prevent the growth of noxious weeds.
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AIRPORT TRAFFI C : It is understood and agreed that the DNR's use of
the leased premises shall not in any manner interfere or restrict
the use of aircraft landings, take offs, or storage of aircraft as
the airport is presently constructed·. DNR shall comply with all
rules and regulations of the Federal Aeronautics Administration.
30 LEASE
PAGE FOUR
JOSEPH PANATTONI
KITTJTAC COUNTY PRO&EC:UTDR
P'. Cl, BOX IS77
Et.LENSBURG. WASHINGTON 11••··
TELEPHONE (SOI') 112.5•113119
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3 RIGHTS OF U.S . GO VERNMENT : The County holds title to the property
4 herein leased, partially by virtue of a deed from the United States
5 government. A copy of said deed is attached hereto and made a part
6 of this instrument as though fully set forth herein. DNR agrees
7 that it will do nothing which will cause the County to be in
8 violation of the terms of said deed. DNR further herewith agrees
9 that it has had ample opportunity to review said deed and is aware
10 of all the terms and conditions therein.
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USE OF PREM.lSES : DNR agrees that it will use the premises only for
the pu;i::pose of conducting the operations of the Department of
Natural Resources.
:r$ROVEMENTS: It is understood and agreed between tt,e BJlrties that
o.,s,tl tJ ,p._.,,. ~frvP(':11,~s · o6{_
DNR will us~ said premises to construct offioesAfor DNR . It is ~
further agreed that before such construction commences, that the
plans and specifications for said construction shall be submitted
to the County's Board of County Commissioners for their approval
and to FAA for their approval, and no construction shall commence
until said approval is received by DNR from each of said agencies
22 in writing. All buil~ings or other improvements made upon property
23 leased shall belong to and become the property of the County at the
24 expiration of the term.
25 In the' event that there is an extension of the term of this
26 lease, or in the event that the parties hereto agree to another
27 ' lease whose term commences immediately following the expiration of
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SO LEASE
PAGE FIVE
JOSEPH PANATTONI
KlTTJTA.11 COUNTY ~ROSEC.UTOR
r. o. IIOX :S77
r\.LENSBURG, WASHINGTON
8111.829
• TELEPHON~ (BOS) 8215,9311
,. .\,
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this lease, it is agreed that for the first ten years of said
extended term or term of a new lease t hat DNR shall not be required
to pay any ren tal for any bu~ldings or other improvements made upon
the leased property during the orig i nal term by DNR.
/ I • F1 APPR0~: , This lease shall be oyno effect and/h,,!1 be vo~ /
u1less, prior to oo~encement of th,e ter.m ,)he lfse//s i/p'r)oved i,i
#r i ting by the Federal Aeronautic!> Admin~trat~on. /Fu~ther, the :
les see shall have the right to terminatl ox re~il/e ~eadjuspnent of : . I ,. .
the terms bf this lease in the event FA!>, does not approve any
proposed construction or modification of improvements proposed by
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15 DEFAULT: In the event that DNR shall violate this lease, or any of
16 its conditions or terms as herein stated, the County may terminate
17 this lease by giving sixty (60) days written notice of the condi-
18 tions or terms being violated, and if said violations are not
19 corrected within the sixty-day period , this lease may be cancelled
20 and the County shall be entitled to peaceably retake possession of
21 the premises: PROVIDED, the lessee shall have the right to remove
22 all ,~mprovements if such termination is prior to the thir tieth
,,
23 (3-ethi anniversary of the date of this lease. Noti ce to the DNR
24 under this section or any other section shall be in writing and
25 addressed to the Department of Natural Resources, State of Washing-
26 ton, Olympi a, Washington, by regi,stered or certified mail with
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30 LEASE
PAGE SIX
JOSEPH PANATTONI
klTI'ITAS COUNTY PftDSECUTOR
r.o . eox 1177
ELLEN S BURG. WASHINGTON
119829
TCLIE:P'HONE (!108) •aa-!1368 -·--,-
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3 postage prepaid, and the parties herewith agree that such notice
4 shall be sufficient.
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IN WITNESS WHEREOF, the County and DNR have executed this
lease on the day and year first above written.
KITTITAS OOUNTY
ATTEST:
. o£_ -
~a:s ~}!,uditor
DEPARTMENT OF NATURAL RESOURCES,
STATE OF WASHINGTON
APPROVED:
-~,0-~
eera1\e_r0nautcsAmini strat i on
JOSEPH PANATTONI
KITT'ITAB COUNTY PROSECUTOR
,.. o. eox S77
ELLENSBURG, WASHINGTON
91112.a
YELE,.HONE (80CI) 11211.ssea
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3 STATE OF WASHINGTON
4 COUNTY OF KITTITAS
ss .
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I, the undersigned, a notary public in and for the State of
Washington, do hereby certify that on this // day of May,
1977, before me personally appeared Frank Gregerich, Jr., known to
me to be the duly elected, qualified and acting Chairman of the
Board of Kittitas County Commissioners, and executed the within
and foregoing instrument and acknowledged the said instrument to
be the free and voluntary act and deed of said Kittitas County,
Washington, for the uses and purposes therein mentioned, and he on
oath stated that he was authorized to execute said instrument by
resolution of the Board of County Commissioners of Kittitas County,
Washington, and that the seal affixed is the official seal of
Kittitas County.
WITNESS MY HAND AND OFFICIAL. SEAL hereto affixed the day and
year first above written.
"N OTARPUBLicin and f or the State of
Washington, residing at Ellensburg.
30 LEASE
PAGE EIGHT
JOSEPH PANATTONI
KlTIITAS COUNTY PROSECUTOR
~. o, eox &7'7 ·
ELLENSBURG . WAsHrNGTDN
88921
l'lltLE.P"HONE (BOI) 82.s.as••
S87";J'l'W --...
Ill
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N8'J•.S6' E D.N. R.
All that portion of the SE\ SE!i;, Sec, 23 & SW¼ SW\ Sec. Ill
24, Twp. 18 N., Rge . 18 E., W.M., Kittitas County Wash-· 8.12 Ac~ES
ington, described as follows:
Beginning at the SW corner of Sec. 24, Twp. 18 N., Rge.
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-1~ '<"l
-t
.. ~ SCALE: 1""' 2.0'
18 E., W.M., thence North 0 35' West along the West Sec. (,,
line of said Sec. 24, a distance of 60.00 feet to a True l.l;J,.J._'< __ N.,..,.B-:""".?f..•~~~-L:,LE--:-----------------,
Point of Beginning ----V -~ -='-------Bowe,;ts RoA.o
" I. I~ ,,_ Ir
Ii
~o'.,i
KITTITAS C0UHTY AIRPORT
BO\.!ERS FIELD
D.N. P,. LEASE
Date ~!a:, 1982 l'lJ'R