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HomeMy WebLinkAboutResolution 2024-180BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2024-� AUTHORIZE CHAIR'S SIGNATURE ON A FLOOD CONSERVATION EASEMENT GRANTED TO KITTITAS COUNTY BY DENNIS W KLEMMER AND TERRI L. MARCHON WHEREAS: Dennis W. Klemmer and Terri L. Marchon purchased Lot 4C of Anspach Short Plat, parcel 20498, to mitigate for the floodplain fill previously placed on Lot 3C of Ginny Short Plat, parcel 20523; and WHEREAS: Lot 4C of Anspach Short Plat includes areas adjacent to Currier Creek sufficient to establish supplemental areas for floodwater conveyance, storage and mitigation; and WHEREAS: Dennis W. Klemmer and Terri L. Marchon have agreed to convey to Kittitas County a Flood Conservation Easement for protection, development and maintenance of floodwater conveyance and storage functions on Lot 4C of Anspach Short Plat; and WHEREAS: The purpose of this Flood Conservation Easement is to provide an area within the Conservation Parcel for compensatory off -site flood storage and mitigation and to preserve, develop, maintain and permanently prevent such area from future development; NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Kittitas County, Washington, in the best interest of the public, does hereby authorize chair's signature on a Flood Conservation Easement granted to Kittitas County by Dennis W. Klemmer and Terri L. Marchon. DATED this 14'h day of October 2024, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON ABSENT Brett Wachsmith, Chairman the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz 10/15/2024 03:43 PM 202410150041 310.50 Page: 1 of 8 Agreement Kittitas County, County Auditor After Recording, return to: Kittitas County Public Works Department Attention Arden: Thomas, Water Resources Manager 411 N Ruby ST, Suite 1 Ellensburg WA 98926 REVIEWED 10/15/2024 KITTITAS COUNTY TREASURER BY: Kristen Washington Grantor(s): Dennis W. Klemmer and Terri L. Marchon, husband and wife Grantee(s): Kittitas County, Washington Abbreviated Legal Description: Ptn. N W % S. 22, T. 18 N., R. 18 E.W.M. Complete legal descriptions on Page 6 of this document. Assessor's Tax Parcel No: 20498 FLOOD CONSERVATION EASEMENT THIS FLOOD CONSERVATION EASEMENT is entered into this day of 2024, between Dennis W. Klemmer and Terri L. Marchon, husband and wife, ("Grantors") and Kittitas County Washington, a political subdivision of the State of Washington ("Kittitas County" or "Grantee") (together, the "Parties"). Recitals A. Grantors are the owners of the following described real property ("Conservation Parcel,") situate in Kittitas County, Washington: Lot 4C of ANSPACH SHORT PLAT, Kittitas County Short Plat No. #04-39, as recorded February 2, 2005, in Book G of Short Plats, pages 242 and 243, under Auditor's File No. 200502020001, records of Kittitas County, State of Washington; being a portion of the Northeast Quarter of Section 22, Township 18 North, Range 18 East, W.M., in the County of Kittitas, State of Washington. Map No. 18-18-22052-0003; Parcel ID. 20498 Flood Conservation Easement - 1 After Recording, return to: Kittitas County Public Works Department Attention Arden: Thomas, Water Resources Manager 411 N Ruby ST, Suite 1 Ellensburg WA 98926 Grantor(s): Dennis W. Klemmer and Terri L. Marchon, husband and wife Grantee(s): Kittitas County, Washington Abbreviated Legal Description: Ptn. N W % S. 22, T. 18 N., R. 18 E.W.M. Complete legal descriptions on Page 6 of this document. Assessor's Tax Parcel No: 20498 FLOOD CONSERVATION EASEMENT THIS FLOOD CONSERVATION EASEMENT is entered into this 1 1 day of 2024, between Dennis W. Klemmer and Terri L. Marchon, husband and wife, ("Grantors") and Kittitas County Washington, a political subdivision of the State of Washington ("Kittitas County" or "Grantee") (together, the "Parties"). Recitals A. Grantors are the owners of the following described real property ("Conservation Parcel,") situate in Kittitas County, Washington: Lot 4C of ANSPACH SHORT PLAT, Kittitas County Short Plat No. #04-39, as recorded February 2, 2005, in Book G of Short Plats, pages 242 and 243, under Auditor's File No. 200502020001, records of Kittitas County, State of Washington; being a portion of the Northeast Quarter of Section 22, Township 18 North, Range 18 East, W.M., in the County of Kittitas, State of Washington. Map No. 18-18-22052-0003; Parcel ID. 20498 Flood Conservation Easement - 1 B. Grantors are also the owners of an adjoining parcel of real property situate in Kittitas County, Washington: Lot 3C of GINNY SHORT PLAT, Kittitas County Short Plat No. SP# 04-42, as recorded February 2, 2005, in Book G of Short Plats, pages 244 and 245, under Auditor's File No. 200502020002, records of Kittitas County, State of Washington; being a portion of the Northeast Quarter of Section 22, Township 18 North, Range 18 East, W.M., in the County of Kittitas, State of Washington. Map No. 18-18-22053-0003; Parcel ID. 20523 ("Upstream Property") C. The Conservation Parcel includes areas adjacent to Currier Creek sufficient to establish supplemental areas for floodwater conveyance, storage and mitigation. ("Conservation Values"). D. Grantors' purchased the Conservation Parcel and have agreed to convey to Kittitas County a flood conservation easement for protection, development and maintenance of floodwater conveyance and storage functions to mitigate a prior owner's unauthorized placement of fill within the Upstream Parcel. E. The purpose of this Flood Conservation Easement is to provide an area within the Conservation Parcel for compensatory off -site flood storage and mitigation and to preserve, develop, maintain and permanently prevent such area from future development. NOW THEREFORE, subject to the terms and conditions set forth below, Grantors, for good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, grants and convey to Grantee this Flood Conservation Easement on the following terms and conditions: AGREEMENT 1. Flood Conservation Easement Area. Grantors hereby grant and convey to Grantee this Flood Conservation Easement over and within a portion of the conservation parcel legally described in Exhibit A, and illustrated in Exhibit B. Grantors and Grantee confirm that the Flood Conservation Easement Area is in close proximity to the upstream flood plain fill location and is compliant with KCC 17A.05.050(2). Kittitas County confirms that the flood conservation easement area is appropriate to meet or exceed the general mitigation plan requirements as well as requirements for flood plain storage mitigation as set forth in KCC 17A.05.050(3). 2. Final Flood Storage Project. The development and construction of flood storage project may be undertaken by Kittitas County at such times it deems appropriate and necessary and will be located within the Flood Conservation Easement Area. Kittitas County shall develop a plan to create a flood storage area. Allowable elements for this Final Flood Storage Project include site development and grading to increase floodplain storage capacity, instream, riparian, wetland, and upland habitat restoration, and necessary activities to maintain floodplain storage and capacity. The final plan shall be subject to review by Grantors and will address project Flood Conservation Easement - 2 considerations associated with grazing and vegetation maintenance. Kittitas County will attempt to incorporate Grantors concerns into the final equivalent flood storage area. 3. Grantors, their heirs, successors, and assigns, shall not be permitted to undertake any construction or improvements or undertake any other activities that reduce, alter, constrict, or diminish the Flood Conservation Easement Area. Prohibited activities include the construction of any temporary or permanent buildings, structures, stream crossing structures, or impervious surfaces. 4. Grantors reserve and any and all lawful use and rights for areas of the remaining Conservation Parcel. All activities on the remaining Conservation Parcel shall be carried out in a manner that maintains the primacy of, and remains subordinate to, floodwater conveyance and storage functions within the Flood Conservation Easement Area. 5. Grantors may utilize the flood conservation area for grazing and deploy a temporary electric fence within the flood conservation area. 6. Grantors may maintain grass and non-native vegetation within the flood conservation area in accordance with local, state, and federal regulations. 7. Grantors may not grant additional easements, rights of way, licenses or permits over the Flood Conservation Easement Area, nor increase the scope of existing easements, rights of way, licenses or permits without the prior written notice to and consent of Grantee 8. Grantee may undertake any activities that are necessary to protect health or safety or prevent significant property damage to the Flood Conservation Easement Area or are required by and subject to compulsion of any governmental agency; provided, however, that Grantee shall first reasonably attempt to notify Grantors prior to taking such action. 9. Following conveyance of this Flood Conservation Easement, Grantors shall continue to privately own and manage the Conservation Parcel, it being the mutual intent of the Parties that the grant of protection hereunder shall not exceed that necessary to legally protect the Flood Conservation Easement Area. 10. The Grantors freely and voluntarily permit the Grantee or Grantee's designee the right to enter the Property at reasonable times for purposes consistent with this Flood Conservation Easement. 11. This Flood Conservation Easement does not grant or permit public access to any portion of the property. 12. This Flood Conservation Easement shall run with the land and shall be binding on successors, assigns, heirs of Grantors and Grantee, until such time, if ever, as terminated in the matter provided by law. 13. In the event that any of the provisions contained in this Flood Conservation Easement are declared invalid or unenforceable in the future, all remaining provisions shall remain in effect. Flood Conservation Easement - 3 IN WITNESS WHEREOF, the undersigned have set their hands the day and year first above written. GRANTOR: C.J -� Dennis W. Klemmer Terri L. Marchon STATE OF WASHINGTON County of Kittitas GRANTEE: Kit - unt� a ington Kittitas County Board of Commissioners I certify that I know or have satisfactory evidence that Dennis W. Klemmer is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act of such entity for the uses and purposes mentioned therein. Dated this R) day of ()Ca'CG , 2024. SAMANTHA COX Notary Public State of Washington ComTnlSslon N 210281 2027 My Comm. Expires Sep 26, Flood Conservation Easement - 4 Not ry ublic in and f he state of Washington, residing in My Commission Expires: �L�1 STATE OF WASHINGTON } } ss. County of Kittitas } I certify that I know or have satisfactory evidence that Terri L. Marchon is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act of such entity for the uses and purposes mentioned therein. Dated this —a day of 12024. SAMANTHA COX Notary Public State of Washington Commission p 210281 My Comm. Expires Sep 26, 2027 STATE OF WASHINGTON County of Kittitas Nota ublic in and for e state of Washington, residing in 6 C My Commission Expires: ) ss I certify that I know or have satisfactory evidence thatperson(s) who appeared before me, and said pe son(s) acknowledged that he/she/they signed this instrument and acknowledged it as1' V LAV f Kittitas County, a political subdivision of the State of Washington, to be their free and v 1 ntary act of such entity for the uses and purposes mentioned therein. Dated this 1i day of 12024, A���,t��t�.ttt► I rCA G I I III N tCj r�ys{OIV Le�,A ��� i� 7r! :0 w: 21020293 (n AU130 r G i+l4kl \l���� Flood Conservation Easement - 5 1 otary Public in and for the state of Washington, residing in �" G My Commission Expires: • 0 Exhibit "A" 100 Year Floodplain within Lot 4C of the Anspach Short Plat APN: 20498, Map 1D:18-18-22052-0003 All that portion of Lot 4C of that certain Short Plat filed in Book G of Short Plats, Page 242, under Auditors File No. 200502020001, records of Kittitas County, Washington, described as follows: Beginning at the Southwest corner of said Lot 4C, thence N00°03'18"E along the West line, 620.57 feet; thence N60029'44"E along the Northwest line, 174.01 feet; thence S32041'59"E Along the Northeast line, 257.25 feet; thence S07°05'59"W, 63.17 feet; thence S14046'59"W, 129.94 feet; thence S07056'09"W, 74.53 feet; thence S09051'46"E, 183.03 feet; thence S02008'57"W, 49.07 feet to a point on the South line of said Lot; thence <89038'12"W, along said south line, 269.28 feet to the Southwest comer of said lot and point of beginning. containing 3.90 acres. Flood Conservation Easement - 6 Exhibit "B" Flood Conservation Easement - 7 I +' ITTITAS COUNTY 1883 2023 I B15EPiUAOENNIAD 5wI/4 or NE 1/4 SEC. 22 i T18N R18E, W.M. f "Tiono T %T. x w; of � toAREA OF 100 YR. w / FLOOD En Ui LIMITS ` W M❑o Lo WITHIN ra py z LOT 4C I M � J� Q ` f y II L 0 T; 0 4 C I :EP r n ^ ❑ u7 0 100 200 400 1 inch = 200 ft. KS COUNTY PUBLIC WORKS 411 N. RUBY ST., ELLENSBURG WA 98926 411) N. NAME KITTITAS COUNTY FLOOD CONTROL (509) 962-7523 www.co.419110a.w0.ue �,;E3_.. Tp TSB 100 YEAR FLOOD AREA WITHIN LOT 4C, SP:G-242 PT SW1 4 OF NE1 4 SEC.22, T18N, R18E, W.M. SHEET 1 OF 1 DRAWING TYPE EXHIBIT DRAWING PARCEL NO. 20498 SCALE: 1 "=200' SHEETS MAP I.D. 18-18-22052-0003 DATE: 09 30/2024 PROJECT 24002 FuvrITAS CO NrY DRAWN BY: J.TURNBULL CHECKED: J. TURNBULL