HomeMy WebLinkAboutTD-26-00003 Solar Dolar LLC - TDR Easement signedAFTER RECORDING RETURN TO:
Kittitas County Community Development Services
411 North Ruby, Suite 2
Ellensburg, Washington 98926
DEED OF TRANSFER OF DEVELOPMENT RIGHTS CONSERVATION EASEMENT
(Kittitas County Transfer of Development Rights Program)
Grantor: Solar Dolar LLC with an address of 1410 W Dolarway Road Site 301 Ellensburg, WA 98926
Grantee: Kittitas County
Legal Description:
That portion of the West Half of the Southwest Quarter of the Southeast Quarter of Section 34, Township 18 North,
Range 18 East, W.M. in the County of Kittitas, State of Washington, described as follows:
A tract of land bounded by a line beginning at a point 30 feet North of a point on the Section line which is 264 feet
East of the Quarter Section corner on the South boundary line of said section, and running thence North, parallel
with the Quarter Section line, 200 feet, thence East 72 feet, thence South 200 feet to the North boundary line of the
right of way of the County Road, thence West, along said right of way line 72 feet to the point of beginning.
Excepting therefrom right of way of Dolarway Road.
Contains 0.33 acres
Assessor's Property Tax Parcel Account Number:
266133
Transfer of Development Rights Sending Site Certificate Numbers: 26-0186, and 26-0187
THIS TRANSFER OF DEVELOPMENT RIGHTS CONSERVATION EASEMENT is made
and entered into this 93 day of ("TDRE") is made by Grantor in favor of
Kittitas County ("Grantee") (collectively, the "Parties").
Section 1. Recitals.
WHEREAS, Grantor is the sole owner in fee simple of certain real property located in Kittitas County,
Washington (the "County"), more particularly described in the legal description above and Exhibit A which
exhibit is attached hereto and incorporated herein by this reference (the "Property").
WHEREAS, Grantor, as owner of the Property, has the right to identify and transfer the residential
development rights of the Property pursuant to KCC 17.13.
WHEREAS, chapter 17.13 of the Kittitas County Code (the "TDR Program") authorizes the transfer of
residential development rights from "sending sites", as they are defined in KCC 17.13. 015(2), which
permanently removes the residential development rights in those qualifying areas as listed in the TDR Program
including but not limited to farmland, forest land, frequently flooded lands, and land containing identified
Critical Areas as provided for in Kittitas County Code Chapter 17A.
WHEREAS, the residential development rights upon county approval and properly extinguished from a
designated sending site become Transfer of Development Rights Density Credits ("TDR Density Credits"), as
they are defined in KCC 17.13.015(7), and then can be applied, pursuant to the TDR Program, to eligible
"receiving sites" as they are defined in KCC 17.13.015(1).
WHEREAS, Transfer of Development Rights Easement ("TDRE") means an easement placed on the Sending
Site that eliminates the possibility of residential development on said sending site, as further defined in KCC
17.13.015(8).
WHEREAS, the purpose of the TDRE is to provide public benefits by permanently protecting various types of
land from residential development including but not limited to rural farms, farm land, forest land, land
identified as a critical area or frequently flooded area as identified in KCC 17A through the extinguishment of
the residential development rights allowed on the Property, as proved for in KCC 17.13, with those lands being
designated as "sending sites." All other rights of ownership, including the right to continue to use or create new
operations of such businesses as farming, timber harvesting, sports and recreation, and other uses permitted
within the zone remain with the owner of the underlying fee title as provided for in KCC 17.13.
WHEREAS, development rights that may be transferred from designated sending sites to eligible receiving
sites shall be documented under the TDR Program in one or more TDR Density Credit certificates, a process
which requires the recording of a TDR conservation easement encumbering the sending site property to indicate
the extinguishment of the possibility of Residential Development on the property.
WHEREAS, on May 13, 2026, Grantor submitted an application to designate the Property as a sending site as
provided under Kittitas County Code ("KCC") chapter 17.13, and to obtain TDR Density Credit(s) certificate(s)
for transfer from the Property to eligible receiving sites. The TDR Application materials submitted by Grantor
are on file with the County, in the Community Development Services Office under File No. TD-26-00003 Solar
Dolar LLC, and are incorporated herein by this reference as if set forth in full. Grantor represents that these
application materials reflect existing conditions on the Property as of the date this Easement is executed.
WHEREAS, the County has determined that the Property qualifies as a sending site under the TDR Program.
The County has determined that the Property has a total of two (2) TDR Density Credit(s) available to transfer
from the Property to eligible receiving sites.
WHEREAS, a TDR Density Credit Certificate Letter of Intent has been issued by Kittitas County, attached
hereto as Exhibit B, to the Grantor for the Property stating that the Sending Site will provide two (2) TDR
Density Credit(s).
WHEREAS, Grantor now desires to document the residential development limitations on the Property
necessary securing the above identified TDR Credits by granting a Transfer of
Development Rights Easement ("TDRE") on the Property on the terms set forth herein;
WHEREAS, Grantor and Grantee agree that the Residential Restrictions defined herein shall run with the land
and bind the Property in perpetuity;
WHEREAS, this easement may be modified as provided for in KCC 17.13.080 (4) and as further defined in
this document.
NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby incorporated by reference,
and the mutual covenants and agreements set forth herein, the parties agree as follows:
Section 2. Conveyance, Consideration and Perpetual Duration
1. The foregoing recitals are hereby incorporated into and made a substantive part of this Agreement as if
fully set forth herein.
2. This agreement establishes a Transfer of Development Rights Easement ("TDRE"), as provided for in KCC
17.13. over and on the Property.
3. In consideration of the mutual covenants, terms, conditions, and restrictions contained in this Transfer of
Development Rights Easement ("TDRE"), Grantor hereby voluntarily grants, conveys and warrants to
Grantee a TDRE, as provided for in KCC 17.13, on and over the Property subject only to the terms and
restrictions contained in this TDRE.
4. This TDRE is a conveyance of an interest in real property under the provisions of RCW 64.04.130.
5. Grantor expressly intends that this TDRE runs with the land and that this Easement be perpetually binding
upon Grantor, Grantor's successors and assigns unless terminated due to changed circumstances as
provided in Section 8 herein.
Section 3. Purpose.
The purpose of this TDRE is to remove the possibility of residential development on qualifying farmland, forest
land, land containing critical areas and/or frequently flooded areas, as provided for in KCC 17.13, by
transferring residential development rights from those lands, designated as "sending sites," to other eligible
locations, known as "receiving sites". This is achieved by acquiring and extinguishing the residential
development rights on sending sites and converting them into TDR Density Credits. The program allows for the
transfer of these credits to receiving sites to increase density beyond the underlying zoning limitations. Uses of
the sending site(s) after extinguishment of the residential development rights are allowed pursuant to KCC
17.13 and the underlying zoning code.
Section 4. Rights Conveyed to Grantee.
To accomplish the Purpose, the following rights are provided to Grantee by this Easement:
1. The right to enter the Property at reasonable times in order to monitor Grantor's compliance with and to
enforce the terms of this Easement, provided that such entry shall be conducted with a minimum of 24
calendar -day written notice. Such visit shall not in any case unreasonably interfere with Grantor's use and
quiet enjoyment of the Property. No right of access by the general public to the Property is authorized by
this Easement without the Grantor's prior consent.
2. The right to enforce the terms of this Easement, as provided for in Section 7, including the right to require
the restoration of the Property to its condition prior to any violation of the terms of this Easement.
3. No other rights are granted to Grantee other than those listed in Subsections 1. and 2. of this section.
Section 5. Prohibited Uses and Activities.
1. Grantor is prohibited from engaging in or permitting any of the following uses or activities on the Property:
2. Grantor shall not use the Residential Development Rights now or hereafter associated with the Property for
Residential Development as the Residential Development Rights are permanently removed and
extinguished from the Property.
3. Grantor shall not undertake any division, subdivision or partitioning of the Property, whether by physical or
legal process, which includes, but is not limited to, any subdivision, short subdivision, platting, binding site
plan, administrative segregations, boundary line adjustments, intervening ownership, one-time lot split, or
other process by which the Property is divided into lots or in which title to different portions of the
Property are not held in unified ownership ("Land Division"), unless such Land Division allocates the
Reserved Development Rights, if any, between the divided parcels of Property in a manner consistent with
the terms of this Easement. This Easement shall continue to encumber all portions of the Property despite
not being held in unified ownership.
4. Grantor shall not construct any Residential buildings, Residential dwellings, Residential structures, or other
Residential improvements of any kind on the Property except as provided in Section 6.
Section 6. 'Reserved Rights of Grantor.
1. As owner of the Property, Grantor, retains the right to perform any act consistent with applicable zoning
existing as of the date of this easement, to the extent such act is not prohibited or limited under the terms of
this Easement. These ownership rights include, but are not limited to, the right to continue operations,
create new uses of such businesses as farming, timber harvesting, and sports and recreation, and use the
Property personally. Grantor maintains the right to exclude any member of the public from trespassing on
the Property. Grantor maintains the right to sell, lease or otherwise transfer the Property to anyone Grantor
chooses.
2. Grantor may build, maintain, repair, renovate, expand, or replace structures on the Property that support
and/or used for allowed uses. New permanent residential structures are not allowed.
3. All uses allowed by the underlying zoning of the property are allowed except for residential development.
4. Grantor and Grantee expressly acknowledge that this Easement does not require Grantor to engage in any
specific uses on the Property.
5. Grantor may undertake other commercial non-residential development uses and activities on the Property
as allowed by the underlying zoning as of the date of this easement.
6. Grantor may maintain, create, renovate, expand, or replace existing roads and utilities, or construct new
roads, utilities, or other facilities necessary to conduct allowed activities on the Property, and/or to access
and/or serve other lands not included in the Property.
Section 7. Enforcement.
If Grantee becomes aware of a violation of this Easement by Grantor, Grantee shall provide
Grantor written notice of such violation and conduct enforcement procedures as set forth in Kittitas County
Code Title 18 Code Enforcement.
Section S. Changed Circumstances and Termination
1. Grantor and Grantee acknowledge that conditions may change in the areas neighboring the Property,
including, without limitation, increased development, land use and zoning changes. Grantor and Grantee
expressly intend that this Easement will continue in perpetuity regardless of such changed conditions or
circumstances unless this TDRE is modified by the Kittitas County Board of Commissioners.
2. In the event that Grantor and/or Grantee believes that circumstances have changed due to development,
zoning, use or other circumstances in the surrounding areas such that it is no longer possible or in the
public interest for Grantor to continue to primarily use the Property without substantial economic hardship,
or that makes the Purpose of this TDRE no longer practicable, Grantor or Grantee may notify the other in
writing of such changed circumstances (a "Changed Circumstances Notice") and indicating that it desires
to extinguish the TDRE.
3. The Changed Circumstance Notice must specify the set of facts that the initiator (either the Grantor,
Grantee or both) of said notice believes to constitute a change in circumstances making it reasonably
necessary to extinguish or modify this TDRE allowing future residential development on the property to
occur the initiator will include any supporting documentation as initiator believes to be reasonably
necessary.
4. The Changed Circumstances Notice shall be submitted to the Director of Kittitas County Community
Development Services for review. The Director shall evaluate the Notice and prepare a Staff Report, which
shall include an analysis of the Changed Circumstances Notice and a recommendation for action. The Staff
Report shall be submitted to the Board, advising either approval or denial of the Changed Circumstances
Notice and the associated requests outlined therein. The Board shall review the Staff Report and take
further action as deemed appropriate.
Section 9. Transfer of the Property.
Upon transfer of the Property or portion of the Property, or any interest in the Property, from one landowner to
another, the conveyance document shall expressly refer to this Easement and be subject to its terms, covenants,
conditions, and restrictions, which shall run with the land and bind the Property in perpetuity. The failure of
Grantor to perform any act required by this subsection will not impair the validity of this Easement or limit its
enforceability in any way.
Section 10. Amendment.
This Easement may be amended by agreement of the Parties. Any such amendment must be consistent with the
Purpose of this Easement and the provisions of the TDR Program and will be recorded in the official records of
Kittitas County, Washington, and any other jurisdiction in which such recording is required.
Section 11. Notices.
Any notice, approval or communication that either Party is required to send under this Easement must be given
in writing to the following addresses:
To Grantor:
Name Solar Dolar LLC
Address 1410 W Dolarway Road Suite 301
City Ellensburg. WA 98926
To Grantee:
Kittitas County Community Development Services
411 North Ruby, Suite 2
Ellensburg, Washington 98926
or to such other address as either party designates by written notice to the other.
Section 12. General Provisions.
1. Recordation. Grantee will record this Easement in a timely fashion in the official records of Kittitas County,
Washington, and in any other appropriate jurisdictions, and may re-record it at any time as may be required
to preserve its rights in this Easement.
2. Controlling Law and Interpretation. The interpretation and performance of this Easement is governed by
the laws of the State of Washington. Any general rule of construction to the contrary notwithstanding, this
Easement will be liberally construed in favor of the grant to affect the Purpose of this Easement, the
policies and purpose of the TDR Program and the policy and purposes of RCW 64.04.130 and chapters
84.33 and 84.34 RCW. If any provision in this instrument is found to be ambiguous, an interpretation
consistent with the Purpose that would render the provision valid will be favored over any interpretation
that would render it invalid.
3. Severability—Entire Agreement -No Forfeiture. If any provision of this Easement, or its application to any
person or circumstance, is found to be invalid, the remainder of the provisions of this Easement and the
application of such provision to any other persons or in any other circumstances shall remain valid. This
instrument sets forth the entire agreement of the Parties with respect to the Property and supersedes all prior
discussions, negotiations, understandings, or agreements relating to the Property, all of which are merged
into this Easement.
4. Assignment. This Easement is transferable, but Grantee may assign its rights and obligations under this
Easement, with Grantors written approval, only to Grantee's judicially appointed successor or a publicly
supported, tax-exempt nonprofit organization, qualified under Sections 501(c)(3) and 170(h) of the Internal
Revenue Code of 1986, as amended, and also qualified as a nonprofit nature conservancy corporation under
RCW 64.04.130 and 84.34.250. As a condition of such transfer, Grantee shall require that the transferee
exercise its rights under the assignment consistent with the Purpose of this Easement.
5. Merger. In the event that Grantee acquires the fee title to all or a portion of the Property subject to this
Easement, it is the intent of the Parties, both Grantor and Grantee, that no merger of title shall take place
that would merge the restrictions of this Easement with fee title to the Property, notwithstanding any
otherwise applicable legal doctrine under which such property interests would or might be merged. As the
Parties intend that no such merger take place, and in view of the public interest in the enforcement of this
Easement, the restrictions on the use of the Property, as embodied in this Easement shall, in the event fee
title becomes vested in Grantee, become and remain permanent and perpetual restrictions on the use of the
Property as provided for herein. Grantee, as successor in title to Grantor under the circumstances described
in the foregoing sentence, shall observe and be bound by the obligations of Grantor and the restrictions
imposed on the Property by this Easement.
6. Counterparts. The Parties may execute this instrument in two or more counterparts, which will be signed by
both Parties. Each counterpart shall be deemed an original instrument as against any Party who has signed
it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be
controlling.
7. Effective Date. The effective date of this Easement is the date of recording in the records of Kittitas
County, Washington.
8. Subordination. At the time of conveyance of this Easement, the Property is not subject to any Mortgage or
Deed of Trust.
Section 13. Liability and Indemnification
Liability and Indemnification. Grantor hereby agrees to release, hold harmless, indemnify, and defend Grantee,
its officers, employees and agents from and against all liabilities, penalties, costs, losses, damages, expenses,
causes of action, claims, demands, judgments or administrative actions, including, without limitation,
reasonable attorney's and consultant's fees, arising from or in any way connected with (1) injury to or death of
any person, or physical damage to any property, resulting from any act, omission, condition, or other matter
related to or occurring on or about the Protected Property, regardless of cause, except to the extent caused by the
negligent acts or omissions of Grantee, its officers, employees or agents; (2) the violation or alleged violation
of, or other failure to comply with, any state, federal, or local law, regulation or requirement, including without
limitation, CERCLA and MTCA, by any person other than Grantee. its officers. employees and agents; or (3)
the presence or release in, on, from, or about the Protected Property, at any time, of any hazardous substances,
unless caused solely by the Grantee.
Section 14. Upkeep, Maintenance, Costs, Legal Requirements, and Liabilities
Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership,
operation, upkeep, and maintenance of the Protected Property, including the maintenance of adequate liability
insurance coverage as required by Kittitas County Code. Grantor remains solely responsible for obtaining any
applicable governmental permits and approvals for any construction or other activity or use permitted by this
Easement, and all such construction or other activity or use shall be undertaken in accordance with all
applicable federal, state, and local laws, regulations, and requirements.
Section 15. Exhibits
A. Legal Description
B. TDR Density Credit Certificate Letter of Intent
C. Permitted Exceptions/Title Report
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever.
IN WITNESS WjiEREOF, the undersigned Grantor has executed this instrument this this
day of Au,"�— 20_2L.
GRANTOR: S041e— l-L G
By;
Title: I(AA `q e,--
STATE OF WASHINGTON) )
ss.
COUNTY OF KITTITAS )
On this '7-3 day of/1 20—Z--LP, before me, a Notary Public in and for the State of Washington,
duly commissioned and sworn, hereby certify that I know or have satisfactory evidence is the person
who appeared before me, and said person acknowledged that they signed this instrument and
acknowledged it be their free and voluntary act 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 written.
----------- --------------------------------- ------- --------------- -------------- A V
y
NOTARY SIGNATURE �.Q�.� `�)� _ ?My Carrxn. Expires ;
February 28, 2030
PRINTED NAME �Q2 r��- So. , Na.170840 ' 2
�O�
yam'•.
NOTARY PUBLIC in and for the State of Washington, residing at f.Q'
My Appointment expires 2-L 4%SQ
ACCEPTED BY: KITTITAS COUNTY BOARD OF COMMISSIONERS
Chairperson__
Vice -Chairperson__ _
Commissioner
Approved as to legal form only: Deputy
Prosecuting Attorney
Exhibit A — Legal Description
Legal Description for TD-26-00003 Solar Dolar LLC:
That portion of the West Half of the Southwest Quarter of the Southeast Quarter of Section 34, Township 18 North,
Range 18 East, W.M. in the County of Kittitas, State of Washington, described as follows:
A tract of land bounded by a line beginning at a point 30 feet North of a point on the Section line which is 264 feet
East of the Quarter Section corner on the South boundary line of said section, and running thence North, parallel
with the Quarter Section line, 200 feet, thence East 72 feet, thence South 200 feet to the North boundary line of the
right of way of the County Road, thence West, along said right of way line 72 feet to the point of beginning.
Excepting therefrom right of way of Dolarway Road.
Exhibit B — TDR Certificate Letter of Intent
"...,oT. KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES
eF _
411 N. Ruby St., Suite 2, Ellensburg, WA 98926
CDS@CO. KITTITAS. WA.US
Office (509) 962-7506
"Building Partnerships — Building Communities" Fax (509) 962-7682
June 10, 2026
Solar Dolar, LLC
Joel Greear
1410 W Dolarway Road Suite 301
Ellensburg, WA 98926
RE: Transfer of Development Rights (TDR) — Certificate Letter of Intent
Dear Applicants,
On May 13, 2026, Kittitas County Community Development Services received an application (TD-26-00003
Solar Dolar LLC) for TDR Sending Site Certification affecting tax parcel number 266133 legally described
as:
THE SOUTHWEST QUARTER OF THE SOUTEAST QUARTER SECTION 34, TOWNSHIP 18
NORTH, RANGE 18 EAST, W.M., IN THE COUNTY OF KITTITAS, STATE OF WASHINGTON.
Based upon the Community Development Services' review of the submitted application, supporting
materials, the subject property has been approved for 2 development rights eligible for transfer
pursuant to KCC 17.13.070.
This TDR Certificate Letter of Intent shall be valid for a period of five years from the date of issuance. If
it has not been converted to a serially numbered TDR Certificate within five years from the date of issuance,
then the landowner must reapply to CDS to determine whether the property is still eligible to be considered a
sending site.
Kittitas County will issue serially numbered TDR certificates only upon confirmation that the property still
qualifies as a sending area and acceptance of a TDR Conservation Easement. Acceptance shall be
demonstrated by mutual execution of the easement by Kittitas County and the subject property owner, and
the easement shall be filed for record with the Kittitas County Auditor.
Thank you for your participation in the TDR Program. If you have any questions regarding this matter, I can
be reached at (509) 962-7065, or by e-mail at jamey.aylint AAco.kittitas.wa.us.
Sincerely,
Jamey Ayling
Planning Manager
Kittitas County Community Development Services
411 N Ruby St., Suite 2, Ellensburg, WA 98926
(509)962-7539
COMMUNITY PLANNING' BUILDING INSPECTION' PLAN REVIEW' ADMINISTRATION • PERMIT SERVICES • CODE ENFORCEMENT • FIRE INVESTIGATION
1
Exhibit C — Title Report
NEKTITLE 1))
Enclosed: Subdivision Guarantee Preliminary Title Commitment
Property: 1511 West Dolarway Rd, Ellensburg, WA 98926 Date: 8/12/2026
County: Kittitas Order No.: NTWA-0575522
THIS INFORMATION IS NOT PART OF THE PRELIMINARY REPORT. YOU SHOULD READ THE
PRELIMINARY REPORT VERY CAREFULLY.
Your Title Team:
t:a'ff
Karen Kies
Trinity Kies
Recording Dept
'iitle
Sr. Title Officer
Title Assistant
Recording Releases
�i >r
watitle�a.. nextitle.com
watitle@nextitle.com
WA Recordinq@nextitle.com
1 Phano No
(509) 925-5665
(509) 933-5212
For any questions on your report, please contact your title officer during business hours Monday
through Friday from 8:00 AM to 5:00 PM PST or email us at WATitle@nextitle.com.
Main Phone: Main Fax: Website: NexTitle.com
Hawaii I Idaho ( Washington
N EXTITLE ID
PLAT CERTIFICATE
Certificate for Filing Proposed Plat:
Order No.: NTWA-0575522
This Company has examined the public records of the County Auditor and County Clerk of Kittitas County, Washington,
and the public records of the Clerk of the United States Courts holding terms in said County, and from such examination
hereby certifies that the title to the following described land situate in said Kittitas County, to -wit:
SEE SCHEDULE A (NEXT PAGE)
VESTED IN:
Solar Dolar, LLC, a Washington Limited Liability Company
EXCEPTIONS:
SEE SCHEDULE B ATTACHED
AMOUNT CHARGED: $350.00
SALES TAX: $30.10
Records examined to July 30, 2026 at 8:OOAM
Date: August 12, 2026
Issued By:
Issued By:
NexTitle Puget Sound, LLC dba NexTitle
Washington
206 W. 1 st Avenue, Suite B
Ellensburg, WA 98926
003�—
COUNTERSIGNED: David Fennell
Authorized Officer or Agent
�i1iA 7
WestCor
Land Title � resident
Company
9 Secretary
PLATCRTA/RDA/0999
NEXTITLE
PLAT CERTIFICATE
SCHEDULE A
(Continued)
Order No.: NTWA-0575522
LEGAL DESCRIPTION
THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 34, TOWNSHIP 18 NORTH, RANGE 18 EAST, W.M., RECORDS OF KITTITAS COUNTY, STATE OF
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 30 FEET NORTH OF A POINT ON THE SECTION LINE WHICH IS 264 FEET EAST OF THE
QUARTER SECTION CORNER ON THE SOUTH BOUNDARY LINE OF SAID SECTION; AND RUNNING
THENCE NORTH PARALLEL WITH THE QUARTER SECTION LINE, 200 FEET;
THENCE EAST 72 FEET;
THENCE SOUTH 200 FEET TO THE NORTH BOUNDARY LINE OF THE RIGHT OF WAY OF THE COUNTY ROAD;
AND
THENCE WEST, ALONG SAID RIGHT OF WAY LINE 72 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM RIGHT OF WAY OF DOLARWAY ROAD.
SITUATE IN THE COUNTY OF KITTITAS, STATE OF WASHINGTON.
PLATCRTA/RDA/0999
PLAT CERTIFICATE
SCHEDULE B
Order No.: NTWA-0575522
This certificate does not insure against loss or damage by reason of the following exceptions:
GENERAL EXCEPTIONS:
A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires
for value of record the estate or interest of mortgage thereon cover by this Commitment.
B. Rights or claims of parties in possession not shown by the public records.
C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an
accurate survey and inspection of the premises.
D. Easements or claims of easements not shown by the public records.
E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for
services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public
records.
F. Lien under the Workman's Compensation Act not shown by the public records.
G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage
removal.
H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in
the same becoming a lien.
I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof;
Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes.
J. Water rights, claims, or title to water.
This certificate Is for informational purposes only. It is neither a commitment to insure the title to real
property nor does It contain any express or implied opinion, warranty, guarantee, insurance or other
similar assurances as to the status of title to the land. The information obtained is limited to that which
can be obtained from the public record as of the effective date. This certificate is not intended as a
representation regarding the condition of title to real property. This certificate is not, nor is It intended to
be, a legal opinion of title or any form of title insurance. As part of the consideration given in exchange
for the issuance of this certificate, recipient agrees that NexTitle's sole liability for any loss or damage
caused by any error or omission In this certificate shall be limited to the cost of this certificate, whether
such error or omission results from the negligence, accident, or other cause. All other liability for loss or
damage is expressly disclaimed.
17►_ 91U01 I.0 _l��'k�'�
NEXTITLE
PLAT CERTIFICATE
SCHEDULE B
(Continued)
Order No.: NTWA-0575522
The legal description in this report is based on information provided with the application and the public records.
Parties must notify the title insurance company if the description does not conform to their expectations.
1. General Property Taxes and service charges, as follows, together with interest, penalty and statutory foreclosure costs,
if any, after delinquency (1 st half delinquent on May 1; 2nd half delinquent on November 1), Tax Account No.: ,
Year: 2026, Billed: $2,727.39, Paid: $1,363.70, Balance $1,363.69. The current levy code is 22. The current use code is
11.
The Kittitas County Assessor's tax rolls disclose the current assessed values as follows:
Land: $102,310.00
Improvements: $179,400.00
Total: $281,710.00
2. Possible liability for tap, hook-up, connection and/or trunk charges as disclosed by Notice of Water and Connection
Charge recorded on February 3, 1978, in Book 94, page 738, under Auditor's File No. 420037, executed by the City of
Ellensburg.
3. Liability for present or future charges and or assessments, if any, levied by the City of Ellensburg
4. Exceptions and reservations contained in Deed from Henry Kleinberg et ux, Recorded: January 5, 1911, under
Recording No.: Book 22 of Deeds, vane 33 1, whereby the first party expressly saves, excepts and reserves out of the
grant hereby made unto itself, its successors and assigns forever, all ores and minerals of any nature whatsoever in or
upon said lands, including coal, oil and gas, together with the right to enter upon said lands for the purpose of exploring
the same for such ores and minerals, and for the purpose of drilling, opening, developing and working mines and wells
thereon, and taking out and removing therefrom all such ores and minerals, and to occupy and make use of so much of
the surface of said land as may be reasonably necessary for said purpose; provided that the second party, their heirs,
representatives, successors or assigns shall be paid just and reasonable compensation for any injury or damage to the
surface of said land, to the crops or to the improvements thereon by the exercise of any rights herein reserved; but
provided further that the exercise of such right by the first party shall not be postponed or delayed pending reasonable
efforts to agree upon or have determined such just and reasonable compensation.
Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas,
uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights,
privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The
Company makes no representation as to the present ownership of any such interests. There may be leases, grants,
exceptions or reservations of interests that are not listed.
5. Judgment entered in Superior Court on May 17, 1956 in Civil Cause No. 13716, in favor of G. M. Moreau and Marjorie
Moreau, husband and wife, plaintiffs, and against James Jollo and wife, and Jack McGrath and Eleanor McGrath, his wife,
Defendants, which provides that Defendants are enjoined from discharging or permitting the discharge of drainage or
waste water from Defendants' lands. (including the above described land) onto Plaintiffs' property and from maintaining
any ditch or drain which will discharge drainage or waste water onto the lands of the plaintiffs. Reference is made to said
Judgment for further particulars.
6. Deed of Trust securing a line of credit and the terms and conditions thereof. Grantor: Tony M Brooks and Tracy J
Brooks, husband and wife, Trustee: Commonwealth Title, Beneficiary: Bank of the West, In the original amount of
$10,000.00, Dated: August 10, 2006, Recorded: August 18, 2006 under Recording No.: 00608180t
Investigation should be made to determine the present balance owed by contacting the appropriate
lender/agency/individual.
PLATCRTA/RDA10999
Note: Caution should be exercised to ensure that a reconveyance will be obtained.
We find no reconveyance or release of record for this item. However, we have reason to believe that it may have been
paid in a subsequent transaction.
7. Any conveyance or mortgage by Solar Dolar LLC, a Limited Liability Company (LLC), must be executed by all the
members, or evidence submitted that certain designated members or managers have been authorized to act for the
limited liability company.
NOTE: Jeff Greear, as General Manager, is authorized to sign on behalf of said LLC.
PLATCRTA/RDA/0999
THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED. YOU SHOULD
NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO THE GENERAL LOCATION OF THE
PARCEL OR PARCELS DEPICTED. NEXTITLE, A TITLE AND ESCROW CO. EXPRESSLY DISCLAIMS ANY
LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP.
4^.i DOLAR'ugAY RD
1A? DOLAR4;iA" I