Return-Path: Delivered-To: kelly.andrews@tessol-inc.com Received: from gator4254.hostgator.com by gator4254.hostgator.com with LMTP id sBbgIQ1uXmYD5wUAcizydQ (envelope-from ) for ; Mon, 03 Jun 2024 20:29:49 -0500 Return-path: Envelope-to: kelly.andrews@tessol-inc.com Delivery-date: Mon, 03 Jun 2024 20:29:49 -0500 Received: from mx0b-00358801.pphosted.com ([205.220.183.38]:17682) by gator4254.hostgator.com with esmtps (TLS1.2) tls TLS_ECDHE_RSA_WITH_AES_256_GCM_SHA384 (Exim 4.96.2) (envelope-from ) id 1sEIzk-002bV4-1o for kelly.andrews@tessol-inc.com; Mon, 03 Jun 2024 20:29:49 -0500 Received: from pps.filterd (m0328917.ppops.net [127.0.0.1]) by mx0b-00358801.pphosted.com (8.18.1.2/8.18.1.2) with ESMTP id 454126vA015328; Mon, 3 Jun 2024 21:29:36 -0400 DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/relaxed; d=klgates.com; h= cc:content-type:date:from:in-reply-to:message-id:mime-version :references:subject:to; s=PPPRD01; bh=kTIsenV6GkfSkLj3sleETY2JjB cuAZoaaXJrphR+oIU=; b=UPUOfnuk82uvzB41fyQsFKCGoTi0aM4mDb/PcFKAxX RMHsUQVytQUnx5L13lQGSPZRuKRcWA1ywYU+C34oUpU1AzEi56b6u7B6JaED1oAl 2GImEMr9oxEjpfEWIVgPZb9jT/kLhmy3L8iggZvxvgofi7Ko8hZmt59lcO4zVOlz I1rOnZ4DlVH88VuKt9d+UcaT5wpF35nEWvOZlBXLlY7GSC8VB37iPdaD0sUL2q5X zy/wR1iQwAUubb7e/HPvE+IhGf+giHUBn3yPDLqj4pL1V+92csWHT/bcwSAE1EgQ omZfdXERCmBzDnnDw+GPYXN3bIFFDhhB7gFnphSVmxFg== Received: from ppusw.klgates.com ([205.149.28.9]) by mx0b-00358801.pphosted.com (PPS) with ESMTPS id 3ygkx6aa0x-1 (version=TLSv1.2 cipher=ECDHE-RSA-AES128-GCM-SHA256 bits=128 verify=NOT); Mon, 03 Jun 2024 21:29:35 -0400 (EDT) Received: from PUSWEXCHUSW102.kldomain.com (10.80.15.159) by PUSWEXCHUSW102.kldomain.com (10.80.15.159) with Microsoft SMTP Server (version=TLS1_2, cipher=TLS_ECDHE_RSA_WITH_AES_128_GCM_SHA256) id 15.1.2507.35; Mon, 3 Jun 2024 18:29:34 -0700 Received: from PUSWEXCHUSW102.kldomain.com ([fe80::ed4f:9a06:c05d:8733]) by PUSWEXCHUSW102.kldomain.com ([fe80::ed4f:9a06:c05d:8733%2]) with mapi id 15.01.2507.035; Mon, 3 Jun 2024 18:29:34 -0700 From: "Freedman, Bart" To: "Thieme, Daniel" CC: "Kelly Andrews (kelly.andrews@tessol-inc.com)" Subject: Re: Port of Moses Lake NCBR Project - Parcel 1-07 R & G Properties - ER408 Communication Thread-Topic: Port of Moses Lake NCBR Project - Parcel 1-07 R & G Properties - ER408 Communication Thread-Index: AQHajEVJxTlabHtfnEK7qpRegSmDirF1McjwgBoIEgCAH9/ZcIABLIPwgAAC9cCAACYggIAAFlqAgAZc+mCAADAykIAADhdagAABMQCAAAKs2A== Date: Tue, 4 Jun 2024 01:29:34 +0000 Message-ID: <5878DDC9-43E0-48CC-A1BC-08050F04BCAB@klgates.com> References: <9550c076fca544dcba8493e5492fb2c9@klgates.com> <3f61a36e5cac40dc89e4bb010463f8d4@klgates.com> <378f61fc1aa04ef2a49fb0cc4fe83c52@klgates.com>, <8E33D844-6750-471F-A304-BCC36EF1F436@klgates.com>, In-Reply-To: Accept-Language: en-US Content-Language: en-US X-MS-Has-Attach: X-MS-TNEF-Correlator: Content-Type: multipart/alternative; boundary="_000_5878DDC943E048CCA1BC08050F04BCABklgatescom_" MIME-Version: 1.0 X-Proofpoint-ORIG-GUID: 32fA9b5hhz3JisFf8zQPHuddbURi616v X-Proofpoint-GUID: 32fA9b5hhz3JisFf8zQPHuddbURi616v X-Proofpoint-Virus-Version: vendor=baseguard engine=ICAP:2.0.293,Aquarius:18.0.1039,Hydra:6.0.650,FMLib:17.12.28.16 definitions=2024-06-03_17,2024-05-30_01,2024-05-17_01 X-Spam-Status: No, score=0.3 X-Spam-Score: 3 X-Spam-Bar: / X-Spam-Flag: NO --_000_5878DDC943E048CCA1BC08050F04BCABklgatescom_ Content-Type: text/plain; charset="utf-8" Content-Transfer-Encoding: quoted-printable We are not asking for any costs from you Dan. Just checking to be sure the= pipe is needed long term. Sent from my iPhone On Jun 3, 2024, at 6:26=E2=80=AFPM, Thieme, Daniel wr= ote: =EF=BB=BF Regarding the tail water pipe location, if the Port thinks they need a spec= ific location they will need to pay the cost of obtaining that information.= The Port is currently proposing to pay nothing ($0) in relation to impacts= on Lot 3 (the Regarding the tail water pipe location, if the Port thinks they need a spec= ific location they will need to pay the cost of obtaining that information.= The Port is currently proposing to pay nothing ($0) in relation to impact= s on Lot 3 (the northern lot of the three). If the Port does not protect t= he tail water pipe, it will deprive Lot 3 of the ability to use irrigation = water. As such, all costs related to protecting the tail water pipe must b= e borne by the Port. From: Freedman, Bart Sent: Monday, June 3, 2024 6:16 PM To: Thieme, Daniel Cc: Kelly Andrews (kelly.andrews@tessol-inc.com) Subject: Re: Port of Moses Lake NCBR Project - Parcel 1-07 R & G Properties= - ER408 Communication Sent from my iPhone On Jun 3, 2024, at 6:06=E2=80=AFPM, Thieme, Daniel > wrote: =EF=BB=BFThanks Dan. Comments below. Bart Hi, Bart. Regarding the farmer, are you now thinking of closing before the = farmer is off the property? The farmer is PNW Ag Sales, owned by Rob Menson= ides. I don=E2=80=99t know what his attitude will be toward signing a hold = harmless or release of Hi, Bart. Regarding the farmer, are you now thinking of closing before the= farmer is off the property? The farmer is PNW Ag Sales, owned by Rob Mensonides. I don=E2=80=99t know = what his attitude will be toward signing a hold harmless or release of clai= ms. In my last conversation with him he steered the discussion toward him = being bought out of the rest of this season if the property is sold before = the end of the season. I asked him to give me a number for that, but he ha= s not done so. Is the Port interested in potentially paying the cost of bu= ying the farmer out, to facilitate an earlier closing? I am waiting for their direction but they were simply thinking of having th= e farmer stay on with a license agreement. Regarding the size of the tail water pipe, Steve McCabe of Irrigators Inc. = tells me the pipe is 12=E2=80=9D in diameter where he could see it. I am t= old it is buried for most of its run, so we don=E2=80=99t know whether it i= s that size for its entire run. This is second-hand information, and I am = unable to verify it, so these are matters that the Port should independentl= y confirm. R&G authorizes the Port to go on the property for that purpose. Thanks that is helpful. Regarding the location of the tail water pipe in relation to the eastern pr= operty boundary, I don=E2=80=99t think the eastern boundary is marked, and = as noted I am told the pipe is buried for most of its run. As such, I don= =E2=80=99t see a way to determine the location of the pipe in relation to t= he property boundary without hiring a survey done, and hiring someone to lo= cate the pipe. Does the Port want to pay for that work? From our standpoi= nt, we don=E2=80=99t see that as being necessary to the transaction. If you want to preserve the tail pipe post closing we will need to have som= e location description. We could agree to preserve it until the farmer is = off and then remove it. Dan From: Freedman, Bart > Sent: Monday, June 3, 2024 2:39 PM To: Thieme, Daniel > Cc: Kelly Andrews (kelly.andrews@tessol-inc.com) > Subject: RE: Port of Moses Lake NCBR Project - Parcel 1-07 R & G Properties= - ER408 Communication Hi Dan I am working on a PSA that likely will take few days to be reviewed by POML= . A couple of items that it would be helpful to address now. 1. The Port is looking at whether they need to take ownership sooner tha= n 10/31 for permitting purposes. Whichever approach they want to take we w= ill need to have an agreement with the farmer. Can you give him a heads up = on that point=E2=80=94either it will be a license and hold harmless or some= form of release of claims. Can you let me know his name and the name of a= ny corporate entities. 2. Please confirm how close the tail pipe is to the eastern border of th= e property and the size of the pipe. Is it a 4=E2=80=9D pipe or something e= lse. Thanks Bart Bart J. Freedman K&L Gates 925 Fourth Avenue, Suite 2900 Seattle, Washington 98104-1158 Phone: +1.206.370.7655 Fax: +1.206.623.6064 Email: bart.freedman@klgates.com Website: www.klgates.com Consider the environment. Think before you print. From: Thieme, Daniel > Sent: Thursday, May 30, 2024 1:25 PM To: Freedman, Bart > Cc: Kelly Andrews (kelly.andrews@tessol-inc.com) > Subject: RE: Port of Moses Lake NCBR Project - Parcel 1-07 R & G Properties= - ER408 Communication There is no written agreement with the farmer. I don=E2=80=99t know the exa= ct location of the tail water pipe. I have been told that it runs near the = east property line, but I have not confirmed that. I have seen easements th= at are described generally There is no written agreement with the farmer. I don=E2=80=99t know the exact location of the tail water pipe. I have bee= n told that it runs near the east property line, but I have not confirmed t= hat. I have seen easements that are described generally rather than with m= etes and bounds, and I would be fine with that approach. From: Freedman, Bart > Sent: Thursday, May 30, 2024 12:04 PM To: Thieme, Daniel > Cc: Kelly Andrews (kelly.andrews@tessol-inc.com) > Subject: RE: Port of Moses Lake NCBR Project - Parcel 1-07 R & G Properties= - ER408 Communication Dan I have a couple of questions. Is there a written lease with the farmer= ? If so please send it to me. Second, as to the tail pipe, I assume that = it runs along the east property line so we can us that line to describe the= easement for that pipe? Bart Bart J. Freedman K&L Gates 925 Fourth Avenue, Suite 2900 Seattle, Washington 98104-1158 Phone: +1.206.370.7655 Fax: +1.206.623.6064 Email: bart.freedman@klgates.com Website: www.klgates.com Consider the environment. Think before you print. From: Thieme, Daniel > Sent: Thursday, May 30, 2024 9:51 AM To: Freedman, Bart > Cc: Kelly Andrews (kelly.andrews@tessol-inc.com) > Subject: RE: Port of Moses Lake NCBR Project - Parcel 1-07 R & G Properties= - ER408 Communication I would like to leave the offer as is. The Port=E2=80=99s last offer was $3= 15,000. Pursuant to your request for simplification, I dropped all the indi= vidual numbers and just added $10,000 to the Port=E2=80=99s offer, to take = the BLA-related adjustment up from I would like to leave the offer as is. The Port=E2=80=99s last offer was $= 315,000. Pursuant to your request for simplification, I dropped all the in= dividual numbers and just added $10,000 to the Port=E2=80=99s offer, to tak= e the BLA-related adjustment up from the Port=E2=80=99s $5,000 to $15,000. = I can add a separate $750 item for appraisal if you like, but I am fine wa= ving that as part of this simplified approach. From: Freedman, Bart > Sent: Thursday, May 30, 2024 9:43 AM To: Thieme, Daniel > Cc: Kelly Andrews (kelly.andrews@tessol-inc.com) > Subject: RE: Port of Moses Lake NCBR Project - Parcel 1-07 R & G Properties= - ER408 Communication Dan A quick question about the offer. Your full form offer had three items tha= t relate to land value that I suggested you add together=E2=80=94those are = 1a. at $190,272, 1b at $117,716 and item 6 at $15,000. Those total $322,99= 8. There is also a statutory provision to cover appraisal cost at $750. W= e should keep that separate since it is not a land cost. Does that all mak= e sense to you? Bart Bart J. Freedman K&L Gates 925 Fourth Avenue, Suite 2900 Seattle, Washington 98104-1158 Phone: +1.206.370.7655 Fax: +1.206.623.6064 Email: bart.freedman@klgates.com Website: www.klgates.com Consider the environment. Think before you print. From: Thieme, Daniel > Sent: Wednesday, May 29, 2024 4:22 PM To: Freedman, Bart > Cc: Kelly Andrews (kelly.andrews@tessol-inc.com) > Subject: Port of Moses Lake NCBR Project - Parcel 1-07 R & G Properties - E= R408 Communication Hi, Bart. Here is a simplified version of R&G=E2=80=99s offer, as discussed= : The Port will purchase Lot 2 of the Thieme Short Plan, in its entirely, i= n fee, in lieu of condemnation of the proposed right of way across that lot= .=E2=80=8AThe Port will Hi, Bart. Here is a simplified version of R&G=E2=80=99s offer, as discusse= d: 1. The Port will purchase Lot 2 of the Thieme Short Plan, in its entirel= y, in fee, in lieu of condemnation of the proposed right of way across that= lot. 2. The Port will pay total consideration of $325,000, inclusive of sever= ance damages and statutory appraisal expense reimbursement. 3. The Port will pay all closing costs. Because this is a sale in lieu = of condemnation, R&G shall not be liable for real estate excise tax. 4. Closing of the sale shall be on October 31, 2024. The Port shall rec= eive title unencumbered by any rights or actual possession by the farmer cu= rrently farming the property. 5. By June 30, 2024 (a) the parties shall execute an unconditional purch= ase and sale agreement, and (b) the Port shall deposit the consideration in= an interest-bearing escrow account reasonably approved by R&G, earning a m= oney-market interest rate, with the consideration plus accrue interest to b= e distributed to R&G at closing. 6. The existing recorded 15-foot-wide irrigation easement, running north= to south next to Road L across Lot 1, 2 and 3, will be vacated. 7. Along the east property boundary of Lot 2, the existing buried tail w= ater pipe shall be retained and physically protected as it runs from north = to south. The engineering shall be provided by the Port, subject to R&G=E2= =80=99s approval which shall not be unreasonably withheld. 8. An easement running north to south across Lot 2 for the tail water pi= pe shall be prepared and recorded. The easement will obligate the Port to = repair any future damage to the pipe that results from the impact of the ra= ilroad. 9. The Port will bear all costs of items 6 - 8. If the Port determines = that it is necessary to lower the elevation of the tail water pipe, all cos= ts related to the reduction of elevation shall be borne by the Port, includ= ing all such costs related to the portions of the tail water pipe that are = outside of Lot 2. 10. All documentation of the foregoing shall initially be drafted by the = Port but shall be subject to the mutual agreement of the parties. This offer will remain open through Friday, June 14, 2024. If not accepted = in writing by that date it will expire without further notice. Dan (c) 206.910.5913 -------------------------- This email may contain confidential and privileged material for the sole us= e of the intended recipient(s). Any review, use, distribution or disclosure= by others is strictly prohibited. If you are not the intended recipient (o= r authorized to receive for the recipient), please contact the sender by re= ply email and delete all copies of this message. Littler Mendelson, P.C. is part of the international legal practice Littler= Global, which operates worldwide through a number of separate legal entiti= es. This electronic message contains information from the law firm of K&L Gates= LLP. The contents may be privileged and confidential and are intended for = the use of the intended addressee(s) only. If you are not an intended addr= essee, note that any disclosure, copying, distribution, or use of the conte= nts of this message is prohibited. If you have received this e-mail in erro= r, please contact me at Bart.Freedman@klgates.com.-5 -------------------------- This email may contain confidential and privileged material for the sole us= e of the intended recipient(s). Any review, use, distribution or disclosure= by others is strictly prohibited. If you are not the intended recipient (o= r authorized to receive for the recipient), please contact the sender by re= ply email and delete all copies of this message. Littler Mendelson, P.C. is part of the international legal practice Littler= Global, which operates worldwide through a number of separate legal entiti= es. This electronic message contains information from the law firm of K&L Gates= LLP. The contents may be privileged and confidential and are intended for = the use of the intended addressee(s) only. If you are not an intended addr= essee, note that any disclosure, copying, distribution, or use of the conte= nts of this message is prohibited. If you have received this e-mail in erro= r, please contact me at Bart.Freedman@klgates.com.-5 -------------------------- This email may contain confidential and privileged material for the sole us= e of the intended recipient(s). Any review, use, distribution or disclosure= by others is strictly prohibited. If you are not the intended recipient (o= r authorized to receive for the recipient), please contact the sender by re= ply email and delete all copies of this message. Littler Mendelson, P.C. is part of the international legal practice Littler= Global, which operates worldwide through a number of separate legal entiti= es. This electronic message contains information from the law firm of K&L Gates= LLP. The contents may be privileged and confidential and are intended for = the use of the intended addressee(s) only. If you are not an intended addr= essee, note that any disclosure, copying, distribution, or use of the conte= nts of this message is prohibited. If you have received this e-mail in erro= r, please contact me at Bart.Freedman@klgates.com.-5 -------------------------- This email may contain confidential and privileged material for the sole us= e of the intended recipient(s). Any review, use, distribution or disclosure= by others is strictly prohibited. If you are not the intended recipient (o= r authorized to receive for the recipient), please contact the sender by re= ply email and delete all copies of this message. Littler Mendelson, P.C. is part of the international legal practice Littler= Global, which operates worldwide through a number of separate legal entiti= es. This electronic message contains information from the law firm of K&L Gates= LLP. The contents may be privileged and confidential and are intended for = the use of the intended addressee(s) only. If you are not an intended addr= essee, note that any disclosure, copying, distribution, or use of the conte= nts of this message is prohibited. If you have received this e-mail in erro= r, please contact me at Bart.Freedman@klgates.com.-5 -------------------------- This email may contain confidential and privileged material for the sole us= e of the intended recipient(s). Any review, use, distribution or disclosure= by others is strictly prohibited. If you are not the intended recipient (o= r authorized to receive for the recipient), please contact the sender by re= ply email and delete all copies of this message. Littler Mendelson, P.C. is part of the international legal practice Littler= Global, which operates worldwide through a number of separate legal entiti= es. This electronic message contains information from the law firm of K&L Gates= LLP. The contents may be privileged and confidential and are intended for = the use of the intended addressee(s) only. If you are not an intended addr= essee, note that any disclosure, copying, distribution, or use of the conte= nts of this message is prohibited. If you have received this e-mail in erro= r, please contact me at Bart.Freedman@klgates.com.-5 --_000_5878DDC943E048CCA1BC08050F04BCABklgatescom_ Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable We are not asking for any costs from you Dan.  Just checking to be sur= e the pipe is needed long term. 
Sent from my iPhone

On Jun 3, 2024, at 6:26=E2=80=AFPM, Thieme, Danie= l <DThieme@littler.com> wrote:

=EF=BB=BF
Regarding the tail water pipe location, if the Port thinks they need a spec= ific location they will need to pay the cost of obtaining that information.= The Port is currently proposing to pay nothing ($0) in relation to impacts= on Lot 3 (the

Regarding the tail = water pipe location, if the Port thinks they need a specific location they = will need to pay the cost of obtaining that information.  The Port is = currently proposing to pay nothing ($0) in relation to impacts on Lot 3 (the northern lot of the three).  If the= Port does not protect the tail water pipe, it will deprive Lot 3 of the ab= ility to use irrigation water.  As such, all costs related to protecti= ng the tail water pipe must be borne by the Port.

 

From:= Freedman, Bart <bart.freedman@klgates.= com>
Sent: Monday, June 3, 2024 6:16 PM
To: Thieme, Daniel <DThieme@littler.com>
Cc: Kelly Andrews (kelly.andrews@tessol-inc.com) <kelly.andrews@t= essol-inc.com>
Subject: Re: Port of Moses Lake NCBR Project - Parcel 1-07 R & G= Properties - ER408 Communication

 

 

Sent from my iPhone



On Jun 3, 2024, at 6:= 06=E2=80=AFPM, Thieme, Daniel <DT= hieme@littler.com> wrote:

=EF=BB=BFThanks Dan. Comments below. 

 

Bart

Hi, Bart. Regarding the farmer, are you now thi= nking of closing before the farmer is off the property? The farmer is PNW A= g Sales, owned by Rob Mensonides. I don=E2=80=99t know what his attitude will be toward signing a hold harmless or release o= f

Hi, Bart.  Reg= arding the farmer, are you now thinking of closing before the farmer is off= the property?

 <= /o:p>

The farmer is PNW A= g Sales, owned by Rob Mensonides.  I don=E2=80=99t know what his attit= ude will be toward signing a hold harmless or release of claims.  In m= y last conversation with him he steered the discussion toward him being bought out of the rest of this season if the property is = sold before the end of the season.  I asked him to give me a number fo= r that, but he has not done so.  Is the Port interested in potentially= paying the cost of buying the farmer out, to facilitate an earlier closing?

 <= /o:p>

I am waiting for th= eir direction but they were simply thinking of having the farmer stay on wi= th a license agreement. 

Regarding the size = of the tail water pipe, Steve McCabe of Irrigators Inc. tells me the pipe i= s 12=E2=80=9D in diameter where he could see it.  I am told it is buri= ed for most of its run, so we don=E2=80=99t know whether it is that size for its entire run.  This is second-hand information,= and I am unable to verify it, so these are matters that the Port should in= dependently confirm.  R&G authorizes the Port to go on the propert= y for that purpose.

 

Thanks that is help= ful. 

 <= /o:p>

Regarding the locat= ion of the tail water pipe in relation to the eastern property boundary, I = don=E2=80=99t think the eastern boundary is marked, and as noted I am told = the pipe is buried for most of its run.  As such, I don=E2=80=99t see a way to determine the location of the pipe in r= elation to the property boundary without hiring a survey done, and hiring s= omeone to locate the pipe.  Does the Port want to pay for that work?&n= bsp; From our standpoint, we don=E2=80=99t see that as being necessary to the transaction.

 

If you want to pres= erve the tail pipe post closing we will need to have some location descript= ion.  We could agree to preserve it until the farmer is off and then r= emove it. 

 <= /o:p>

Dan

 <= /o:p>

From:= Freedman, Bart <bart.freedman@klgates.com>
Sent: Monday, June 3, 2024 2:39 PM
To: Thieme, Daniel <DThiem= e@littler.com>
Cc: Kelly Andrews (k= elly.andrews@tessol-inc.com) <kelly.andrews@tessol-inc.com>
Subject: RE: Port of Moses Lake NCBR Project - Parcel 1-07 R & G= Properties - ER408 Communication

 

Hi Da= n

 = ;

I am = working on a PSA that likely will take few days to be reviewed by POML.&nbs= p; A couple of items that it would be helpful to address now.

 = ;

  1. The Port is looking at whether they need t= o take ownership sooner than 10/31 for permitting purposes.  Whichever= approach they want to take we will need to have an agreement with the farm= er. Can you give him a heads up on that point=E2=80=94either it will be a license and hold harmless or some form o= f release of claims.  Can you let me know his name and the name of any= corporate entities.
  2. Please confirm how close the tail pipe is = to the eastern border of the property and the size of the pipe. Is it a 4= =E2=80=9D pipe or something else.


Thanks


Bart

 = ;

<image001= .jpg>

 

Bart J. Freedman
K&L Gates
925 Fourth Avenue, Suite 2900
Seattle, Washington  98104-1158
Phone:  +1.206.370.7655
Fax:  +1.206.623.6064
Email:  bart.freedman@klgates.com
Website:  www.klgates.com
Consider the environment.  Think before you print.

 = ;

 = ;

From:= Thieme, Daniel <DThieme@littler.co= m>
Sent: Thursday, May 30, 2024 1:25 PM
To: Freedman, Bart <bart.freedman@klgates.com>
Cc: Kelly Andrews (kelly.andrews@tessol-inc.com<= /a>) <kelly.andrews@tessol= -inc.com>
Subject: RE: Port of Moses Lake NCBR Project - Parcel 1-07 R & G= Properties - ER408 Communication

 

There is no written agreement with the farmer. = I don=E2=80=99t know the exact location of the tail water pipe. I have been= told that it runs near the east property line, but I have not confirmed that. I have seen easements that are described ge= nerally

 =

There is no written= agreement with the farmer.

 <= /o:p>

I don=E2=80=99t kno= w the exact location of the tail water pipe.  I have been told that it= runs near the east property line, but I have not confirmed that.  I h= ave seen easements that are described generally rather than with metes and bounds, and I would be fine with that approach.=

 <= /o:p>

From:= Freedman, Bart <bart.freedma= n@klgates.com>
Sent: Thursday, May 30, 2024 12:04 PM
To: Thieme, Daniel <DThieme@littler.com>
Cc: Kelly Andrews (kelly.andrews@tessol-inc.com<= /a>) <kelly.andrews@tessol= -inc.com>
Subject: RE: Port of Moses Lake NCBR Project - Parcel 1-07 R & G= Properties - ER408 Communication

 

Dan I= have a couple of questions.  Is there a written lease with the farmer= ?  If so please send it to me.  Second, as to the tail pipe, I as= sume that it runs along the east property line so we can us that line to describe the easement for that pipe?=

 = ;

Bart<= /span>

 = ;

<image001= .jpg>

 

Bart J. Freedman
K&L Gates
925 Fourth Avenue, Suite 2900
Seattle, Washington  98104-1158
Phone:  +1.206.370.7655
Fax:  +1.206.623.6064
Email:  bart.freedman@klgates.com
Website:  www.klgates.com
Consider the environment.  Think before you print.

 = ;

 = ;

From:= Thieme, Daniel <DThieme@littler.co= m>
Sent: Thursday, May 30, 2024 9:51 AM
To: Freedman, Bart <bart.freedman@klgates.com>
Cc: Kelly Andrews (kelly.andrews@tessol-inc.com<= /a>) <kelly.andrews@tessol= -inc.com>
Subject: RE: Port of Moses Lake NCBR Project - Parcel 1-07 R & G= Properties - ER408 Communication

 

I would like to leave the offer as is. The Port= =E2=80=99s last offer was $315,000. Pursuant to your request for simplifica= tion, I dropped all the individual numbers and just added $10,000 to the Port=E2=80=99s offer, to take the BLA-related ad= justment up from

 =

I would like to lea= ve the offer as is.  The Port=E2=80=99s last offer was $315,000. = Pursuant to your request for simplification, I dropped all the individual = numbers and just added $10,000 to the Port=E2=80=99s offer, to take the BLA-related adjustment up from the Port=E2=80=99s $5,000 to $15,0= 00.  I can add a separate $750 item for appraisal if you like, but I a= m fine waving that as part of this simplified approach.

 <= /o:p>

From:= Freedman, Bart <bart.freedma= n@klgates.com>
Sent: Thursday, May 30, 2024 9:43 AM
To: Thieme, Daniel <DThieme@littler.com>
Cc: Kelly Andrews (kelly.andrews@tessol-inc.com<= /a>) <kelly.andrews@tessol= -inc.com>
Subject: RE: Port of Moses Lake NCBR Project - Parcel 1-07 R & G= Properties - ER408 Communication

 

Dan

 = ;

A qui= ck question about the offer.  Your full form offer had three items tha= t relate to land value that I suggested you add together=E2=80=94those are = 1a. at $190,272, 1b at $117,716 and item 6 at $15,000.  Those total $322,998.  There is also a statutory provision to cover a= ppraisal cost at $750.  We should keep that separate since it is not a= land cost.  Does that all make sense to you?

 = ;

Bart<= /span>

 = ;

<image001= .jpg>

 

Bart J. Freedman
K&L Gates
925 Fourth Avenue, Suite 2900
Seattle, Washington  98104-1158
Phone:  +1.206.370.7655
Fax:  +1.206.623.6064
Email:  bart.freedman@klgates.com
Website:  www.klgates.com
Consider the environment.  Think before you print.

 = ;

 = ;

From:= Thieme, Daniel <DThieme@littler.co= m>
Sent: Wednesday, May 29, 2024 4:22 PM
To: Freedman, Bart <bart.freedman@klgates.com>
Cc: Kelly Andrews (kelly.andrews@tessol-inc.com<= /a>) <kelly.andrews@tessol= -inc.com>
Subject: Port of Moses Lake NCBR Project - Parcel 1-07 R & G Pro= perties - ER408 Communication

 

Hi, Bart. Here is a simplified version of R&= ;G=E2=80=99s offer, as discussed: The Port will purchase Lot 2 of the Thiem= e Short Plan, in its entirely, in fee, in lieu of condemnation of the proposed right of way across that lot.=E2=80=8AThe Por= t will

 =

Hi, Bart.  Her= e is a simplified version of R&G=E2=80=99s offer, as discussed:<= o:p>

 <= /o:p>

  1. The Port will purchase Lot 2 of the = Thieme Short Plan, in its entirely, in fee, in lieu of condemnation of the = proposed right of way across that lot.
  2. The Port will pay total consideration of $325,000,= inclusive of severance damages and statutory appraisal expense reimburseme= nt.
  3. The Port w= ill pay all closing costs.  Because this is a sale in lieu of condemna= tion, R&G shall not be liable for real estate excise tax.
  4. Closing of the sale shall b= e on October 31, 2024.  The Port shall receive title unencumbered by a= ny rights or actual possession by the farmer currently farming the property.
  5. By June 30, 2024 (a) the parties shall execute an unconditional pu= rchase and sale agreement, and (b) the Port shall deposit the consideration= in an interest-bearing escrow account reasonably approved by R&G, earning a money-market inte= rest rate, with the consideration plus accrue interest to be distributed to= R&G at closing.
  6. The existing recorded 15-foot-wide irrigation easement, running nort= h to south next to Road L across Lot 1, 2 and 3, will be vacated.
  7. Along the east property= boundary of Lot 2, the existing buried tail water pipe shall be retained a= nd physically protected as it runs from north to south.  The engineering shall be provided by the Port, subject to R&G=E2=80=99= s approval which shall not be unreasonably withheld.
    8. =
  8. An easement running north to south a= cross Lot 2 for the tail water pipe shall be prepared and recorded.  T= he easement will obligate the Port to repair any future damage to the pipe that results from the impact of the railroad= .
  9. The Port wil= l bear all costs of items 6 - 8.  If the Port determines that it is ne= cessary to lower the elevation of the tail water pipe, all costs related to the reduction of elevation shall be borne by the Port, including all su= ch costs related to the portions of the tail water pipe that are outside of= Lot 2.
  10. All do= cumentation of the foregoing shall initially be drafted by the Port but sha= ll be subject to the mutual agreement of the parties.

 <= /o:p>

This offer will rem= ain open through Friday, June 14, 2024. If not accepted in writing by that = date it will expire without further notice.

 <= /o:p>

Dan (c) 206.910.591= 3


--------------------------
This email may contain confidential and privileged material for the sole us= e of the intended recipient(s). Any review, use, distribution or disclosure= by others is strictly prohibited. If you are not the intended recipient (o= r authorized to receive for the recipient), please contact the sender by reply email and delete all copies= of this message.

Littler Mendelson, P.C. is part of the international legal practice Littler= Global, which operates worldwide through a number of separate legal entiti= es.

 <= /o:p>

This electronic message contains informatio= n from the law firm of K&L Gates LLP. The contents may be privileged an= d confidential and are intended for the use of the intended addressee(s) only.  If you are not an intended addressee, no= te that any disclosure, copying, distribution, or use of the contents of th= is message is prohibited. If you have received this e-mail in error, please= contact me at Bart.Freedman@klgates.com= .-5


--------------------------
This email may contain confidential and privileged material for the sole us= e of the intended recipient(s). Any review, use, distribution or disclosure= by others is strictly prohibited. If you are not the intended recipient (o= r authorized to receive for the recipient), please contact the sender by reply email and delete all copies= of this message.

Littler Mendelson, P.C. is part of the international legal practice Littler= Global, which operates worldwide through a number of separate legal entiti= es.

 <= /o:p>

This electronic message contains informatio= n from the law firm of K&L Gates LLP. The contents may be privileged an= d confidential and are intended for the use of the intended addressee(s) only.  If you are not an intended addressee, no= te that any disclosure, copying, distribution, or use of the contents of th= is message is prohibited. If you have received this e-mail in error, please= contact me at Bart.Freedman@klgates.com= .-5


--------------------------
This email may contain confidential and privileged material for the sole us= e of the intended recipient(s). Any review, use, distribution or disclosure= by others is strictly prohibited. If you are not the intended recipient (o= r authorized to receive for the recipient), please contact the sender by reply email and delete all copies= of this message.

Littler Mendelson, P.C. is part of the international legal practice Littler= Global, which operates worldwide through a number of separate legal entiti= es.

 <= /o:p>

This electronic message contains informatio= n from the law firm of K&L Gates LLP. The contents may be privileged an= d confidential and are intended for the use of the intended addressee(s) only.  If you are not an intended addressee, no= te that any disclosure, copying, distribution, or use of the contents of th= is message is prohibited. If you have received this e-mail in error, please= contact me at Bart.Freedman@klgates.com= .-5


--------------------------
This email may contain confidential and privileged material for the sole us= e of the intended recipient(s). Any review, use, distribution or disclosure= by others is strictly prohibited. If you are not the intended recipient (o= r authorized to receive for the recipient), please contact the sender by reply email and delete all copies= of this message.

Littler Mendelson, P.C. is part of the international legal practice Littler= Global, which operates worldwide through a number of separate legal entiti= es.

 

This electronic message contains informatio= n from the law firm of K&L Gates LLP. The contents may be privileged an= d confidential and are intended for the use of the intended addressee(s) only.  If you are not an intended addressee, no= te that any disclosure, copying, distribution, or use of the contents of th= is message is prohibited. If you have received this e-mail in error, please= contact me at Bart.Freedman@klgates.com.= -5


--------------------------
This email may contain confidential and privileged material for the sole us= e of the intended recipient(s). Any review, use, distribution or disclosure= by others is strictly prohibited. If you are not the intended recipient (o= r authorized to receive for the recipient), please contact the sender by reply email and delete all copies= of this message.

Littler Mendelson, P.C. is part of the international legal practice Littler= Global, which operates worldwide through a number of separate legal entiti= es.


This electronic message contains information from the law fir= m of K&L Gates LLP. The contents may be privileged and confidential and= are intended for the use of the intended addressee(s) only.  If you are not an intended addressee, note that any disclosure= , copying, distribution, or use of the contents of this message is prohibit= ed. If you have received this e-mail in error, please contact me at Bart.Freedman@klgates.com.= -5
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