HomeMy WebLinkAboutStaffReport_SiphonEasementsKITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
AGENDA STAFF REPORT
AGENDA DATE: August 4, 2026
ACTION REQUESTED: Request to Approve a Resolution to Authorize
Public Works Director Signature on Right of Way
and Temporary Easement Documents for Flood
Mitigation on Whiskey Creek, RE Parcel Numbers
962710 and 962712.
BACKGROUND: The Whiskey Creek at Ellensburg Water Company
Siphon Project is identified in the Flood Control
Zone District Capital Improvement Plan. This
project aims to reduce flooding impacts from
Whiskey Creek at Bender Road and the Ellensburg
Water Company (EWC) canal crossing by
increasing flood conveyance capacity along
Whiskey Creek.
The project requires a temporary construction
easement for 24,501 square feet of property on
parcels 962710 and 962712, as well as a right-of-
way acquisition for 9,230 square feet on parcel
962710. These parcels were recently purchased by
Windy City LLC, whose owners have agreed to
voluntarily sell right of way and temporary
easement at the same terms extended to the previous
owner.
INTERACTION: Public Works
RECOMMENDATION: Authorize Public Works Director Signature on
Right of Way and Temporary Easement Documents
for Flood Mitigation on Whiskey Creek, RE parcel
numbers 962710 and 962712.
HANDLING: Return one original to Public Works
ATTACHMENTS: Resolution; Right of Way Easement; Excise Tax
Affidavit
LEAD STAFF: Arden Thomas, Water Resources Manager
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION
NO. ______________
RESOLUTION TO AUTHORIZE PUBLIC WORKS DIRECTOR SIGNATURE ON RIGHT OF
WAY AND TEMPORARY EASEMENT DOCUMENTS FOR FLOOD MITIGATION ON
WHISKEY CREEK, RE PARCEL NUMBERS 962710 AND 962712.
WHEREAS: Kittitas County Resolution 2025-194 affirmed the need for right of way acquisition and a
temporary easement to construct the Whiskey Creek Siphon project for flood mitigation
purposes; and
WHEREAS: Kittitas County Public Works has negotiated the voluntary acquisition of the right of way
and temporary construction easement with the current owner of parcels 962710 and
962712; and
WHEREAS: Funding for the Whiskey Creek Siphon project was included in the 2026 budget and is
available for expenditure.
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners finds it to be in the
best interest of the public to authorize Public Works Director signature on right of way and temporary
easement documents for flood mitigation on Whiskey Creek, re parcel numbers 962710 and 962712.
DATED this 4th day of August 2026, at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
________________________________
Chairman
Attest:
☐ Clerk of the Board- Julie Kjorsvik ________________________________
Vice-Chairman
☐ Deputy Clerk of the Board- Mandy Buchholz
_______________________________ ________________________________
Commissioner
1REAL PROPERTY VOUCHER AGREEMENT
AGENCY NAME
I hereby agree to the terms and conditions listed below and
certify under penalty of perjury that the items and amounts
Kittitas County Public Works
listed herein are proper charges, that the same or any part
411 N. Ruby St.,
thereof has not been paid, and that I am authorized to sign
Ellensburg, WA 98926
for the Claimant:
(Sign in ink)
By:
GRANTOR or CLAIMANT
Windy City Holdings, LLC
1410 W. Dolarway Rd., Suite 301.
(Date)
Ellensburg, WA 98926 9426
Its:dw+
PROJECT TITLE:
Tax IDs #: 962710 and 962712
PARCEL: 1
Whiskey Creek Siphon
In Full, Complete and Final Payment and Settlement for the Title or Interest Conveyed or
AMOUNT
Released, as Fully Set Forth In: Right of Way Easement and Temporary Construction
Easement
Dated:
For All Lands Conveyed:
Temporary Construction Easement (TCE) 24,501 sq. ft
+$1,200.00
Fee Acquisition 9,230 sq. ft.
+$15,000.00
For All Damages: N/A
+$0.00
JUST COMPENSATION
$16 00.00
Legal/Administrative:
Administrative Settlement
$2,144.08
FINAL SETTLEMENT (Sub -total)
$18,344.08
Other Items:
OTHER ITEMS
$ 0.00
Dedications:
DEDICATION
$ 0.00
TOTAL AMOUNT TO BE PAID:
$18 344.08
Kittitas County agrees to the terms and conditions listed
above:
Joshua Fredrickson, P.E., Director of Public Works Date
0 Original — Public Works 13 Property Owner ❑ File
RIGHT OF WAY EASEMENT
IN THE MATTER OF. Project Name: Whiskey Creek Siphon Proiect
Section/Township/Range: SEC 27, TWP 18, RGE 18
Tax Parcel No.: 96271.0
Grantor: Windy City Holdings, LLC
Grantee: Kittitas County
Abbreviated Legal Description: PT W1/2 of SETA of Sec 27, T18N., R18E., W.M.
Assessor's Tax Parcel ID No.: 962710
The GRANTOR(s), Windy City Holdings, LLC, for and in consideration of Fifteen Thousand and
No/100 Dollars ($15,000.001, in hand paid, does hereby convey and warrants to Kittitas County a right of way
easement for ongoing operation and maintenance of the Ellensburg Water Company siphon structure, in and to
the following described real estate and any after acquired interest therein, situated in Kittitas County, in the State
of Washington, as follows:
A Portion of the Existing Tax Parcel No. 962710 (See Exhibit "A")
The undersigned hereby agrees to surrender possession of the lands and/or rights herein conveyed,
granted, transferred and/or released upon receipt of payment by the owner, or grantor.
It is understood and agreed that the delivery of this deed is tendered and that the terms and obligations
hereof shall not become binding upon the Kittitas County, State of Washington unless and until accepted and
approved in writing by the County's Director of Public Works.
The covenants shall run with the land and bind the Grantor and Grantor's heirs, successors and assigns.
DATED this qb day of 12026.
GRANTOR
Windy City Holdings, LLC
Its: 11A,"tSiK�,
Right of Way
Easement Tax ID.:
962710
Project Name: Whiskey Creek Siphon Project
Page 1 of 2
State of Washington )
) SS.
County of Kittitas )
On this Z�_ day of�k_2026, before me, the undersigned Notary Public in and for the
State of Washington, personally appear_, ed Jo-' 16 ✓,e,- ,F , personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person who executed the within instrument as the authorized
agent of WINDY CITY HOLDINGS, LLC, to be the free and voluntary act of such entity for the uses and
purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above mentioned.
Print Name: F2,ta u
NOTARY PUBLIC in and for the State of
, residing at C-I [ t t -5 , c4 LcNA
My appointment expires: 7- Z S / 2- 03 o
(NOTARY
PRE/ o",
SEAL) O �•p-T '•.
E)Ores
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— s February 28 � —
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Approved as to Form.
Josh Fredrickson, P.E., Director of Public Works
Right of Way
Easement
Tax ID.: 962710
Project Name: Whiskey Creek Siphon Project Page 2 of 2
Whiskey Creek Siphon Project
Additional Right of Way Legal
Description
EXHIBIT "A"
Auditor's Parcel No. 962710
PARENT PARCEL:
APN: 962710
Parcel 1A of that certain Survey recorded March 4, 2022 in Book 44 of Surveys at Pages
150 —151, under Auditor's File No. 202203040020, records of Kittitas County, Washington;
being a portion of Lot 1 of PEARSON SHORT PLAT, Kittitas County Short Plat No. 81-04,
as recorded in Book B of Short Plats, Pages 42 and 43, under Auditor's File No. 457201,
records of Kittitas County, State of Washington; all being a portion of the Southeast Quarter
of Section 27, Township 18 North, Range 18 East., in the County of Kittitas, State of
Washington.;
RIGHT OF WAY ACQUISITION
A portion of the above described Parent Parcel for Public Right of Way purposes more particularly
described as follows:
That portion of Parcels 1A of that certain Survey recorded March 4, 2022 in Book 44 of
Surveys at Pages 150 — 151, under Auditor's File No. 202203040020, records of Kittitas
County, Washington; being a portion of Lot 1 of PEARSON SHORT PLAT, Kittitas County
Short Plat No. 81-04, as recorded in Book B of Short Plats, Pages 42 and 43, under
Auditor's File No. 457201, records of Kittitas County, State of Washington; all being a
portion of the Southeast Quarter of Section 27, Township 18 North, Range 18 East., in the
County of Kittitas, State of Washington, described as follows:
Beginning at the Easternmost corner of Lot 1A of that certain Survey recorded March 4,
2022 in Book 44 of Surveys at Pages 150 — 151, under Auditor's File No. 202203040020,
records of Kittitas County, Washington; thence S40°20'03"E along the Southeast line of
said parcel, a distance of 202.74 feet;
thence N01 002'34"W, a distance of 178.73 feet to a point on the Northeast line of said Lot
1A;
Thence along the Northeast line of said Lot 1A, S67016'25"E, a distance of 17.51 feet;
Thence along the Northeast line of said Lot 1A, S57051'25"E, a distance of 85.02 feet;
Thence along the Northeast line of said Lot 1A, S52019'29"E, a
distance of 17.32 feet to the Point of Beginning.
Containing 9230 sq. ft. more or less
KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS
TEMPORARY CONSTRUCTION AGREEMENT
THIS AGREEMENT, made this day of , 2026, between Windy City Holdings,
LLC hereinafter designated as the Grantor, and Kittitas County Department of Public Works, a political
subdivision of the state of Washington, hereinafter designated as the Grantee; in consideration of mutual benefits
and other valuable consideration, receipt of which is hereby acknowledged, Grantor does hereby grant unto the
Grantee, its agents, contractors, subcontractors, and employees a Temporary Construction Agreement for the
purpose of ingress and egress over, across, and upon Assessor Tax Parcels No(s): 962710, 962712 described in
Exhibit A, which by this reference is incorporated herein.
The Grantor also grants to the Grantee, its agents, contractors, subcontractors, and employees the right to use
construction and hauling equipment on said property for grading and temporary access improvement for the
purpose of construction of the Whiskey Creek Siphon Project (the "Project'); vegetation removal and riparian
vegetation planting, and cultural resources survey may also be required on said property for the purpose of
constructing the Project.
It is hereby understood and agreed this Agreement shall pass with the title of the property in the event the property
is sold, leased or ownership is otherwise altered during the life of the construction of the Project, and such
Agreement shall be binding upon all assigns and successors in interest. Grantor shall, upon any transfer of
ownership and prior to the completion of this Project, provide notice to any successor assigns.
Grantee shall provide fifteen (15) days written notice to the Grantor prior to commencement of construction, and
shall remain in effect for six months (the "Term"). It is understood and agreed this Agreement shall terminate on
December 31, 2028, or until completion and acceptance of the Project, whichever occurs first, for any and all
purpose related to the construction of the Project. Upon expiration, Grantee, its agents, contractors, subcontractors
and employees shall relinquish all of the rights granted by this Agreement. This Easement may be extended by
mutual written consent of the Grantor and Grantee.
The Grantee, its agents, contractors, subcontractors, and employees further agree to the following conditions of
entry and occupancy:
1) DAMAGE TO PROPERTY Shall exercise care to avoid damaging the property in any
manner not consistent with the purpose for which this Agreement is issued.
2) COOPERATION WITH GRANTOR Shall at all times cooperate with Grantor and
comply with reasonable requests not inconsistent with the purpose for which this
Agreement is issued.
3) IDENTIFICATION AND REMOVAL OF ALL CRACK WILLOW IN THE
EASEMENT AREA. The grantee shall identify and remove all crack willow (Salix fragilis)
located within the temporary construction easement during the easement period.
4) CLEANUP All haul roads, turnarounds, and other areas disturbed shall be shaped to
original ground contours, as directed by the Engineer.
5) INDEMINIFICATION Grantee agrees to indemnify, defend and hold Windy City
Holdings, LLC harmless from and against any and all claims, damages, losses and expenses
sustained by Windy City Holdings, LLC, which are caused in whole or in part by any act or
omission, negligent or otherwise, of Grantee, its employees, agents or volunteers, or
Grantee's subcontractors, their employees, agents or volunteers, directly or indirectly arising
out of, resulting from, or otherwise connected with the performance of this Agreement; or
are based upon Grantee's or its subcontractors' use of, presence upon or proximity to the
property of Windy City Holdings, LLC. This indemnification obligation of Grantee shall not
apply in the limited circumstance where the claim, damage, loss or expense is caused by the
negligence of Windy City Holdings, LLC.
6) INSURANCE Grantee and its subcontractor(s), if any, shall secure and maintain in effect
at all times during performance of work under this Agreement such commercially reasonable
insurance as will protect Grantee and Windy City Holdings, LLC from claims, losses, harm,
costs, liabilities, damages and expenses arising out of Grantee's performance under this
Agreement, including but not limited to personal injury (including death) or property
damage. The policy(ies) shall be endorsed to include Windy City Holdings, LLC, as an
additional insured.
7) RELEASE OF TEMPORARY CONSTRUCTION EASEMENT Grantee will execute
and record a release or termination of the temporary construction easement upon completion
of the Project.
GRANTORS
Windy City Holdings, LLC
By: zz;'
Its: 14ay. ���`'� 1 lG�►1H/
State of Washington )
) ss.
County of Kittitas )
GRANTEE:
Kittitas County
Josh Fredrickson, P.E., Director of Public Works
Approved as to form by:
Kittitas County Prosecuting Attorney
On this / o day of..�_, 2026, before me, the undersigned Notary Public in and for the
State of Washington, personally appeared , personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person who executed the within instrument as the authorized agent
of WINDY CITY HOLDINGS, LLC, to be the free and voluntary act of such entity for the uses and
purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above mentioned.
Print Name: -Da a,, c r ► c a 4--E-
NOTARY PUBLIC in and for the State of
+k)14 , residing at E(b-os6c, --c, W 4
My appointment expires: 12_ �� 2 ' 030
(NOTARY SEAL)
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DNA PR �.
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Z My Comm. Expires • —
February 28.2030
NO. 170840 :r 2
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Whiskey Creek Siphon Project
Temporary Construction Easement Legal Description
EXHIBIT "A"
Auditor's Parcel No's.
962710,962712
PARENT PARCEL:
APN: 962710, 962712
Parcels 1A and 1C of that certain Survey recorded March 4, 2022 in Book 44 of
Surveys at Pages 150 — 151, under Auditor's File No. 202203040020, records of
Kittitas County, Washington; being a portion of Lot 1 of PEARSON SHORT PLAT,
Kittitas County Short Plat No. 81-04, as recorded in Book B of Short Plats, Pages
42 and 43, under Auditor's File No. 457201, records of Kittitas County, State of
Washington; all being a portion of the Southeast Quarter of Section 27, Township
18 North, Range 18 East., in the County of Kittitas, State of Washington.;
TEMPORARY CONSTRUCTION EASEMENT ACQUISITION
A variable width easement over and across the lands described above for stream channel
access, improvement, construction and maintenance in the West half of the Southeast
Quarter of Section 27, T18N., R18E., W.M. centered about a line described as follows:
Beginning at the Westernmost corner of Lot 1A of that certain Survey recorded
March 4, 2022 in Book 44 of Surveys at Pages 150 — 151, under Auditor's File
No. 202203040020, records of Kittitas County, Washington; thence S89053'26"E
along the South line of said parcel, a distance of 269.96 to a corner common to
Parcel 1A and 1 B of said survey;
thence S59000'21 "W, a distance of 195.95 feet to a point 24 feet Northeasterly as
measured perpendicularly from the South boundary of said Lot 1A, said point also
being the creek centerline position per Kittitas County Conservation District
Siphon Project, prepared by Anderson Perry & Associates, in 2022, said point
also being the true point of beginning;
Thence N42021'57"E, along the centerline of 60 foot wide easement, a distance
of 112.41 feet;
Thence N42021'57"E, along the centerline of 200 foot wide easement, a distance
of 135.42 feet to the South line of the right of way for the Town Ditch Irrigation
Canal, and terminus of said strip.
EXCEPT that portion of Lot 1A to be transferred to Kittitas County described as
follows:
Beginning at the Easternmost corner of said Lot 1A, thence S40°20'03"E along
the Southeast line of said parcel, a distance of 202.74 feet;
thence N01 002'34"W, a distance of 178.73 feet to a point on the Northeast line of
said Lot 1A;
Thence along the Northeast line of said Lot 1A, S67°16'25"E, a distance of 17.51
feet;
Thence along the Northeast line of said Lot 1A, S57051'25"E, a distance of 85.02
feet;
Thence along the Northeast line of said Lot 1A, S52°19'29"E, a distance of 17.32
feet to the Point of Beginning.
Containing 8040 Sq. Ft. of Lot 1A more or less
AND
Containing 16,461 Sq. Ft. of Lot 1 C more or less
Department of Real Estate Excise Tax Affidavit (RCW 82.45 WAC 458-61A)
RevenueIVIIIIII Only for sales in a single location code on or after May 1, 2026.
Washington 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.
❑ Check box if partial sale, indicate % sold. List percentage of ownership acquired next to each name.
1 Seller/Grantor 2 Buyer/Grantee
Name Windy City Holdings LLC Name Kittitas County Public Works
Mailing address 1410 W. Dolarway Rd., Suite 301 Mailing address 411 N Ruby Street, Suite 1
city/state/zip Ellensburg, WA 98926 city/state/zip Ellensburg, WA 98926
Phone (including area code) 509-899-7371 Phone (including area code) 509-962-7523
3 Send all property tax correspondence to: ❑ Same as Buyer/Grantee
Name Windy City Holdings LLC
Mailing address 1410 W. Dolarway Rd., Suite 301
City/state/zip Ellensburg, WA 98926
List all real and personal property tax
parcel account numbers
962710
Personal
Assessed
property?
value(s)
❑
$194,400.00
❑
$ 0.00
❑
$ 0.00
4 street address of propert 2112 Reecer Creek Rd., Ellensburg, WA 98926
This property is located in Kittitas Count (for unincorporated locations please select your county)
❑ 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.
_egal description of property (if you need more space, attach a separate sheet to each page of the affidavit).
See attached page
5 191 - Undeveloped land (land only)
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
citizen or disabled person, homeowner with limited income)? ❑ Yes 0 No
Is this property predominately used for timber (as classified
under RCW 84.34 and 84.33) or agriculture (as classified under
RCW 84.34.020) and will continue in it's current use? If yes and
the transfer involves multiple parcels with different classifications,
complete the predominate use calculator (see instructions) ❑Yes 0 No
6 Is this property designated as forest land per RCW 84.33? ❑Yes 0No
Is this property classified as current use (open space, farm
and agricultural, or timber) land per RCW 84.34? ❑ Yes 0 No Date of document
7 List all personal property (tangible and intangible) included in selling
price.
If claiming an exemption, enter exemption code and reason for
exemption. *See dor.wa.gov/REET for exemption codes*
Exemption No. (sec/sub)
Reason for exemption
Is this property receiving special valuation as historical
property per RCW 84.26? ❑ Yes 0 No
If any answers are yes, complete as instructed below.
(1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE)
NEW OWNER(S): To continue the current designation as forest land
or classification as current use (open space, farm and agriculture, or
timber) land, you must sign on (3) below. The county assessor must then
determine if the land transferred continues to qualify and will indicate
by signing below. If the land no longer qualifies or you do not wish to
continue the designation or classification, it will be removed and the
compensating or additional taxes will be due and payable by the seller
or transferor at the time of sale (RCW 84.33.140 or 84.34.108). Prior to
signing (3) below, you may contact your local county assessor for more
information.
This land: ❑ does ❑ does not qualify for
continuance.
Deputy assessor signature Date
(2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY)
NEW OWNER(S): To continue special valuation as historic property, sign
(3) below. If the new owner(s) doesn't wish to continue, all additional tax
calculated pursuant to RCW 84.26, shall be due and payable by the seller
or transferor at the time of sale.
(3) NEW OWNER(S) SIGNATURE
Type of document
Gross selling price
15,000.00
*Personal property (deduct)
0.00
Exemption claimed (deduct)
0.00
Taxable selling price
15,000.00
Excise tax: state
Less than $525,000.01 at 1.1% 165.00
From $525,000.01 to $1,52S,000 at 1.28% 0.00
From $1,525,000.01 to $3,025,000 at 2.75% 0.00
Above $3,025,000 at 3% 0.00
Agricultural and timberland at 1.28% 0.00
Total excise tax: state 165.00
0.0050 Local 75.00
*Delinquent interest: state 0.00
Local 0.00
*Delinquent penalty 0.00
Subtotal 240.00
*State technology fee 5.00
Affidavit processing fee 0.00
Signature
Print name
Signature
Print name
Total due 245.00
A MINIMUM OF $10.00 IS DUE IN FEE(S) AND/OR TAX
*SEE INSTRUCTIONS
Whiskey Creek Siphon Project
Additional Right of Way Legal
Description
EXHIBIT "A"
Auditor's Parcel No. 962710
PARENT PARCEL:
APN: 962710
Parcel 1A of that certain Survey recorded March 4, 2022 in Book 44 of Surveys at Pages
150 — 151, under Auditor's File No. 202203040020, records of Kittitas County, Washington;
being a portion of Lot 1 of PEARSON SHORT PLAT, Kittitas County Short Plat No. 81-04,
as recorded in Book B of Short Plats, Pages 42 and 43, under Auditor's File No. 457201,
records of Kittitas County, State of Washington; all being a portion of the Southeast Quarter
of Section 27, Township 18 North, Range 18 East., in the County of Kittitas, State of
Washington.;
RIGHT OF WAY ACQUISITION
A portion of the above described Parent Parcel for Public Right of Way purposes more
particularly described as follows:
That portion of Parcels 1A of that certain Survey recorded March 4, 2022 in Book 44 of
Surveys at Pages 150 — 151, under Auditor's File No. 202203040020, records of Kittitas
County, Washington; being a portion of Lot 1 of PEARSON SHORT PLAT, Kittitas County
Short Plat No. 81-04, as recorded in Book B of Short Plats, Pages 42 and 43, under
Auditor's File No. 457201, records of Kittitas County, State of Washington; all being a
portion of the Southeast Quarter of Section 27, Township 18 North, Range 18 East., in the
County of Kittitas, State of Washington, described as follows:
Beginning at the Easternmost corner of Lot 1A of that certain Survey recorded March 4,
2022 in Book 44 of Surveys at Pages 150 — 151, under Auditor's File No. 202203040020,
records of Kittitas County, Washington; thence S40020'03"E along the Southeast line of
said parcel, a distance of 202.74 feet;
thence N01002'34"W, a distance of 178.73 feet to a point on the Northeast line of said Lot
1A;
Thence along the Northeast line of said Lot 1A, S67016'25"E, a distance of 17.51 feet;
Thence along the Northeast line of said Lot 1A, S57051'25"E, a distance of 85.02 feet;
Thence along the Northeast line of said Lot 1A, S52019'29"E, a
distance of 17.32 feet to the Point of Beginning.
Containing 9230 sq. ft. more or less.