HomeMy WebLinkAboutEasementBOARD OF COUNTY COMMISSIONERS
COI.INTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTTONNO. 2o2o - o lv
APPROVING THE ASSIGNMENT OF NON.EXCLUSIVE EASEMENT FOR NEW
SUNCADIA,LLC FOR UTILITY ACCESS AT BULLFROG ROAD
WHEREAS: The Kittitas County Board of County Commissioners did authorize a non-
exclusive easement for Suncadia,LLC supporting utilities within Bullfrog Road
right of way under Auditor File Number 20060150005; and
WIIEREAS: The recorded non-exclusive easement contains required franchise protections for
Public Works maintenance and future roadway improvements; and
WHEREAS: Section 5 of the non-exclusive easement requires Board of County Commission
approval of any desired assignment of interest on the part of Suncadia, LLC; and
WHEREAS: New Suncadia, LLC now desires assigning partial interest to two utility
companies (Suncadia Water, LLC and Suncadia Environmental, LLC);
NOW' THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the
best interest of the public, does hereby approve the assignment of interest ofNon-Exclusive
Easement for utility use within Bullfrog Road right of way pursuant to non-exclusive easement
as recorded under Auditor File Number 20060150005.
DATED this 21st day of January 2020, at Ellensburg, Washington
BOARD OF COTINTY COMMISSIONERS
KITTITAS C GTON
Brett
Attest
rterkof the Board- Julie Kjorsvik
E Deputy Clerk of the Board- Mandy Buchholz
hairman
C ory right, Commissioner
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After recording return to:
New Suncadig LLC
770 Suncadia Trail
Cle Elum WA 98922
JAN.28
Document Title:
Grantor:
Grantee:
Partial Assignment of Easement
New Suncadia, LLC, a Delaware limited liability company
Kittitas County, a municipal corporation
Suncadia Water Company, LLC, a Washington limited liability company;
Suncadia Environmental Company, LLC, Washington limited liability compary;
Legal Description: Ptn Bullfrog Road in s ll2 NE l/4 and NE ll4 sEv4 sec 29, Twsp 20N, Rge 15 E wM
Ptn Bullfrog Road in SW l/4 SW ll4 Sec 2l Twsp 20N, Rge 15 E WM
Ptn Bullfrog Road in NW l/4 NW l/4 Sec 28 Twsp 20N, Rge 15 E WM
Assessor's Tax Parcel No.: rla - within County ROW
ReferenceNo.ofDocumentPartiallyAssigned: 200601050005
Real Estate Excise Tax: Does not apply - no consideration as defured wAc 458-6lA-102(2)
PARTIAL ASSIGNMENT OT' E.ASEMENT
This PARTIAL ASSIGNMENT oF EASEMENT ("Assignment'), dated as of the l2th day of January, 2020,
is made by Nrw SUNCADIA, LLC, A DELAwARE LIMITED LIABILTTv coMpANy, ('New Suncadia'1 andKrrrras CouNTYr WmHrxcron, A MUMCIPAL coRpoRATtoN (the "County'), for the benefit of
SUNCADIA WATER COMPANY LLc, A WASHINCTON LIMITED LrABrLrry COMpAhry ("SWC"), SUNCADTA
ENVIRONMENTAL cOMPAltY, LLC, WASHTNGTON LrrvrrrED LrABrLrry coMpANy ("SEC") (SWC and SEC
collectively hereinafter referred to as the'?,ssignees").
WHEREAS, County is the grantor and New Suncadia is the grantee of an easement dated December
20,2005, and recorded under Kittitas County Auditor's File No. 200601050005 ('Easement"); and
WHEREAS, the Easement oovers a portion of the right-of-way of Bullfrog Road legally described in
ExItrBIT A attached hereto and incorporated herein (the ,.Easement Area"); and
WHEREAS, EXHIBIT B attached hereto and incorporated herein by reference reflects the location of
certain sanitary sewer facilities operated by SEC and identified thereon as "K-Sl," 'K-S2' and "K-S3'
(collectively, the "Sewer Facilities") and certain inigation water facilities operated by SWC and identified
Partial Assignnenl of Easement - Sewer and Inigotion l(ater page I
Filed for Record 01/28/2020 03: 1 0:4'l PM - Kittitas County, WA Auditor - 202001280047 Page 2 of 6
thereon as *K-IRl'and "K-1R2" (collectively, the "lrrigation Facilities"), all of which are within the Easement
Area and have been constructed by New Suncadia; and
WHEREAS, New Suncadia intends to transfer ownership of the Sewer Facilities and the tnigation
Facilities to the Assignees and to assign suoh portion of is right, title and interest in the Easement to allow
Assignees to own, op€rate, and maintain their respective Facilities within the Easement Arca,
NOW THEREFORE, in consideration of the ongoing development of Suncadia, the undersigned do
hereby agree as follows:
l. Delinitions. Exccpt as spccifically set forth herein, defined terms herein shall have the same
meaning as set forth in the Easement.
2. Assignment.
2-1. New Suncadia does hereby assign to SEC such portion of New Suncadia's rights
under the Easement necessary to construct, operate, and maintain the Sewer Facilities.
2.2. New Suncadia does hereby assign to SWC such portion of New Suncadia's rights
under the Easement necessary to construct, operate, and maintain the lnigation Facilities.
2.3. Except as specifically set forth herein, New Suncadia otherwise retains its rights
under the Easement including the right to use and make further assignments as provided therein.
3. Confirmation. New Suncadia and the County confirm that whether by inclusion in the
Easenent or by subsequent consent as contemplated in Section I thereof, the Sewer Facilities and the
Inigation Facilities as presently installed in the Easement Area are included in the definition of "Facilities" in
the Easement and, to the extent necessary, do hereby amend the Easement to so include the same under such
definition.
4. Consent. Pursuant to Section 5 ofthe Easement, the County hereby consents to the partial
assignment of the Easement contained herein.
5. Acceptance. SEC and SWC hereby acknowledge that they have received a copy of the
Easement and agree to be bound by the provisions set forth therein.
6. Indemnification. Assignees, and each of them, shall indemnifr, protect and hold New
Suncadia, and its successors or assignees, harmless from and against any and all claims, causes ofaction, or
other assertion of liability, including attomey fees and costs, arising out of Assignees' aotions, ordinary
negligence, intentional acts or omissions with regard to Assignees', or either of their, exercise of the Easement
rights,
7. Applicable Law. This Assignment and the respective rights, remedies and obligations of the
parties hereunder shall be construed and interpreted in accordance with the laws of the State of Washington.
8. Counterparts. This Agreement may be executed simultaneously in two or more
counter?arts, each of which shall be deemed an original and all of which, when taken together, constitute one
urd the same document. The signature of any party to any counterpart shall be deemed a signature to, and may
be appended to, any other counterpart.
Partial Assignment of Easement - Sewer and lrrigalion l{ater page 2
Filed for Record 01/2812020 03:10:4'l PM - Kittitas County, WA Auditor - 202001280047 Page 3 of 6
IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year lirst
above written,
New Suncadia, Ll,C, a Delaware limited liability company
By its Managing Member: Suncadia Operating Member,LLC, a Delaware timited liability company,
By its Manager: LDD Suncadia Manager, Inc., a Delawarc
By its Senior Vice President, Roger T. Beck:
By its Vice President Marnc Schwartz:,ln, t':l*
3ifrau
suncadia Environmental company, LLC, a washington limited liability company
By its Sole Member: New Suncadi4 LLC, a Delaware limited liability company
By its Managing Memben Suncadia Operating Member, LLC, a Delaware limited liability
company,
By its Manager: LDD Suncadia Manager, [nc., a Delaware
By its Senior Vice hesident, Roger T. Beck:
By its Vice President Marne Schwartz:
Suncadia Water Compaay,LLC,a Washington timited liability company
By its Sole Member: New Suncadi4 LLC, a Delaware Iimited liability company
By its Managing Memben Suncadia Operating Member, LLC, a Delaware limited liability
company,
By its Manager: LDD Suncadia Manager, Inc., a Delaware corporation,
By its Senior Vice President, Roger T. Beck:
By its Vice Presiden! Mame Schwartz:
Kittitas County, a Washington limited liabittty company
By the Chair of its County Commissioners,
Partial Assignment of Easernent - Sewer and lrrigation Water page 3
Filed for Record 0112812020 03:1 0:41 PM - Kittitas County, WA Auditor - 2O2OO128OO47 Page 4 of 6
Exhibit A
Legal Description Of Easement Area
That portion of the right-of-way of Bullfrog Road lying between stations 96+00 and 123+50,
according to the "Right of Way Record of Survey" recorded under Recording Number 200510250009, Kittitas
County, situate in the South halfofthe Northeast quarter and the Northwest quarter ofthe Southeast quarter of
Section 29, Township 20 North, Range 15 Eas! W.M.,in said Cormty.
TOGETHERWITH
That portion ofthe right-of-way ofBullfrog Road lying between stations 140+00 and 145+50,
according to said Record of Survey, situate in the Southwest quarter of the Southwest quarter of Section 2 I
and the Northwest quarter of the Northwest quarter of Section 28, Township 20 North, Range I5 East, W.M.,
in said County.
Partial Assignment of Easement- Sewer and lrrigation Water Exhibit A
Filed for Record 01i28/2020 03:10:41 PM - Kittitas County, WA Auditor - 202001280047 Page 5 of 6
Approved as to Form By Kittitas County prosecuting Attomey or his Deputy,
Prinl Name Signature
STATEOF WASHINGTON
County ofKittitas
On this day, before me, the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and swom, personally appeared Roger T. B€rk and Marue Schwartz, to me knoin to be a
Senior Vice President and_Vice President, respJctively, of LdO Suncadia Manager, Inc., a Delaware
corporation, the Manager of Suncadia Operating Member, LLC, a Delaware limitedliability company, the
Managing Member of New Suncadia, LLC, a l)elaware limited liability conpany, ttre comiany that
execu-ted the foregoing instrument, and acknowledged that the said insrument to be the free and voluntary act
and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he is
authorized to execute the said instument.
Notary in and Washington
My commission expires: tYbl t€, enAg
t,
County
On this day, before me, the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and swom, personally appeared Roger T. Beck and Marne Schwartz, to me known to be a
Senior Vice President and Vice President, respectively, of LDD Suncadia Manager, Inc., a Delaware
corporation, the Manager of Suncadia Operating Member, LLC, a, Delaware limited liability company, the
Managing Member of New Suncadi4 LLC, a Delaware limited liability comgny, the sole mimber of
Suncadia Envirolmental Company, LLC, the company that executed the foregoing instrument, and
acknowledged that the said instrument to be the free and voluntary act and deed of said co*p*y, for the uses
and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument.
GIVEN under my hand and official seal this 4L day of January, 2020.
Notary and the State of Washington
My commission expires: lhC f t4?ans
5S.
under my hand and official seal this /i day of January, 2020.GIVEN
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Partial Assignment of Easement - Sewer and Itigation Water page 4
Filed for Record 0112812020 03: 1 0:41 PM - Kittitas County, WA Auditor - 202001280047 Page 6 of 6
STATE OF WASHINGTON
County of Kittitas
my hand and oflicial seal this 15 day of January, 2020.
On this day, before me, the undersigned, a Notary Public in and for the Siate of Washington, duly
commissioned and swom, personally appeared Roger T. Beck and Marne Schwart4 to me knoin to be aSenior Vice President and Vice Presidenl respictively, of LDD Suncadia Manager, Inc., a Delaware
!!rPor{ion, the Manager of Suncadia Operating Member, LLC, a Delaware limitedlialility company, the
Managing Member of New Suncadi4 LLC, a Delaware limited liability company, the sole mi.t.r of
Suncadia Water Compao_y, !Lq, the company that executed the foregoing instrument, and acknowledged
that the said instrument to be_the free and voluntary act and deed ofsaiicoripany, for the uses and purpo-ses
therein mentioned, and on oath stated that he is authorized to execute the said instrument.
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Notary tn of Washington
My commissionexpires: Wjl I,teAU
STA
County of Kittitas
On this day, before me, the a Public in and the State of Washington, duly
commissioned and swom, personally appeared to me known to be the Chair
corporation that executed theof the Board of Commissioners, Kittitas County Washington, the munioipal
foregoing instrument, and acknowledged that the said instrument to be the free and voluntary act and deed of
said corporation, for the uses and purpos€s therein mentioned, and on oath stated that t'lL is authorized
to execute the said instrument.
GMNundermy seal this ! #auy of tanuary,2020.
Name:
r Notary Public in and for
"?, My commission expires:
the Washington
ss.
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Parlial Assignment of Easement - S*tter and lrrigation Walet page 5