Hairpin Ranch_Purchase and Sale Agreement_FINAL_1.16.20

Home Browse Search

FINAL DRAFT 111 612 02 0 DEED OF AGRICULTURAL CONSERVATION EASEMENT This DEED OF AGRICULTURAL CONSERVATION EASEMENT ("Easement") is made by Brent Minor and Mary Minor, a married couple, (collectively, "Grantor"), having an address of 8001 Naneum Road, Ellensburg, WA 98926, in favor of the County of Kittitas, a political subdivision of the State of Washington ("County" or "Grantee"), having an administrative office address of 205 West 5"1' Ave., Ellensburg, WA 98926; and Forterra NW, a Washington nonprofit corporation ("Forterra" or "Co -Grantee"), having an address of 901 5t` Avenue, Suite 2200, Seattle, WA 98164. Grantor and Co -Grantee may be referred to herein individually as a "Party" and collectively as the "Parties" or "Co -Grantees." The following third party beneficiaries (individually a `Beneficiary" and collectively, the `Beneficiaries") have certain rights hereunder, including third party right of enforcement: The United States of America (the United States), acting by and through the United States Department of Agriculture ("USDA") Natural Resources Conservation Service ("NRCS") on behalf of the Commodity Credit Corporation ("CCC") and the State of Washington, by and through the Washington State Recreation and Conservation Office ("RCO"). 1. RECITALS 1.1. Grantor is the owner in fee simple of the certain real property (hereinafter, "Protected Property") located in Ellensburg, Kittitas County, Washington, more particularly described in Exhibit "A" ("Legal Description") and shown on Exhibit `B" ("Site Map"), which are attached to this instrument and incorporated herein by this reference. The Protected Property consists of approximately 274 acres in 37 parcels, and is commonly known as "Hairpin Ranch." 1.2. The Protected Property possesses significant agricultural values of great importance to Grantor, Co -Grantee, the people of Kittitas County, and the people of the State of Washington (collectively, "Agricultural Conservation Values"). The Agricultural Conservation Values include, without limitation, existing and potential economic productivity, the viability of the site for continued agricultural production, including farm -to -market access, proximity to roads and utilities, and water availability. Permanent protection of the Protected Property will further the purposes of the Washington State Farm and Forest Account (FFA) established under RCW 79A.15.130, which provides that moneys appropriated to the FFA "must be distributed for the acquisition and preservation of farmlands and forestlands in order to maintain the opportunity for agricultural and forest management activity upon these lands." The legislatively declared policies of the State of Washington in the Washington State Open Space Tax Act, Chapter 84.34 RCW ("OSTA" ), provide that "it is in the best interest of the state to maintain, preserve, conserve, and otherwise continue in existence adequate open space lands for the production of food, fiber and forest crop, and to assure the use and enjoyment of natural resources and scenic beauty for the economic and social well being of the state and its citizens." Under the OSTA, lands eligible for preferential real -2-