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Hairpin Ranch_Purchase and Sale Agreement_FINAL_1.16.20
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Hairpin Ranch_Purchase and Sale Agreement_FINAL_1.16.20
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Last modified
1/16/2020 1:43:50 PM
Creation date
1/16/2020 1:41:56 PM
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Meeting
Date
1/21/2020
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
b
Item
Request to Approve a Resolution and Authorize Chairman’s Signature on the Purchase and Sale Agreement for Hairpin Ranch Conservation Easement
Order
2
Placement
Consent Agenda
Row ID
59336
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FINAL DRAFT 1/16/2020 <br />EXHIBIT F <br />MINIMUM TERMS FOR AGRICULTURAL LAND EASEMENTS <br />The Agricultural Conservation Easement Program, 16 U.S.C. Section 3865 et seq., facilitated <br />and provided funding for the purchase of an Agricultural Land Easement ("ALE"), as described <br />in this Grant Deed of Agricultural Conservation Easement ("ALE Deed"), on real property <br />described in Exhibit A, hereafter referred to as "the Protected Property." As used herein, <br />references to the "ALE Deed" include this Exhibit, except where explicitly stated otherwise. <br />Brett Minor and Mary Minor (collectively "Grantor"), Kittitas County and Forterra NW <br />(collectively "Grantee"), the State of Washington, by and through the Washington State <br />Recreation and Conservation Office (RCO), and the United States of America (the "United <br />States"), acting by and through the United States Department of Agriculture Natural Resources <br />Conservation Service (NRCS) on behalf of the Commodity Credit Corporation (jointly referred <br />to as the "Parties") acknowledge that the ALE is acquired by the Grantee for the purpose of: <br />protecting the agricultural use and future viability, and related conservation values, by <br />limiting nonagricultural uses that negatively affect the agricultural uses and conservation values <br />of the Protected Property (the "Purpose of the ALE'). <br />Baseline conditions of the Protected Property are set forth in a Baseline Documentation Report, a <br />copy of which is maintained in the files of the Grantee. <br />In order to ensure compliance with the Agricultural Conservation Easement Program, 16 U.S.C. <br />Section 3865 et seq. and 7 CFR Part 1468, the following rule of interpretation will govern any <br />and all inconsistencies between this Exhibit and those portions of the ALE Deed other than this <br />Exhibit. Notwithstanding any other provision of the ALE Deed, the Parties agree that all present <br />and future use of the Protected Property is and will remain subject to all of the terms and <br />conditions identified in the following Sections I and II. If the terms and conditions in Sections I <br />and II are inconsistent with terms and conditions in other portions of the ALE Deed, Sections I <br />and II will control; provided, however, that if other portions of the ALE Deed have terms and <br />conditions that are consistent with, but more restrictive to the rights of the Grantor than the terms <br />and conditions in Section I, Paragraphs 1, 2, and 4, those more restrictive terms and conditions <br />will control. If other portions of the ALE Deed are more restrictive to the rights of the Grantor <br />than Section I Paragraph 3 and 5 and Section II then Section I Paragraph 3 and 5 and Section II <br />will control. <br />SECTION I - MINIMUM CONSERVATION DEED RESTRICTIONS <br />Even if the Protected Property consists of more than one parcel for real estate tax or any other <br />purpose or if it was acquired previously as separate parcels, it will be considered one parcel for <br />purposes of this ALE, and the restrictions and covenants of this ALE Deed will apply to the <br />Protected Property as a whole. <br />Exhibit F <br />
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