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Ranch On Swauk BOCC Packet 9-17-24
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2024-09-17 2:00 PM - 2:00pm Public Hearing
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Ranch On Swauk BOCC Packet 9-17-24
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9/12/2024 1:25:09 PM
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9/12/2024 1:15:58 PM
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Meeting
Date
9/17/2024
Meeting title
2:00pm Public Hearing
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
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Item
Public Hearing to consider the Ranch on Swauk Creek Development Agreement to allow a 30-year expiration on the approved Planned Unit Development. The Ranch on Swauk Creek Planned Unit Development is located on the west side of Hwy 97 south of Ranch and Burke Roads in Sections 27, 28, 33, 34 all within Township 20 North, Range 17 East, W.M., Kittitas County.
Order
2
Placement
2:00pm Public Hearing
Row ID
122283
Type
Hold Public Hearing
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successors and assigns, including any city that assumes jurisdiction through incorporation or <br />annexation of the area covering the Property subject to the Development Agreement. Any such <br />successors and assigns shall assume the title and role of "Developer" in this Development <br />Agreement. <br />Section 6. Developer Rip-ht to Transfer. From time to time, as provided in this Development <br />Agreement, the Developer may sell or otherwise lawfully dispose of all or a portion of the Property <br />to a third -party entity that, unless otherwise released, shall be subject to the applicable provisions <br />of this Development Agreement related to all or such portion of Property as may be conveyed. The <br />Developer shall have the right to sell, assign or transfer this Development Agreement with all their <br />rights, title and interests therein to any person, firm or corporation at any time during the term of <br />this Development Agreement. Developer shall provide the County with written notice of any intent <br />to sell, assign, or transfer all or a portion of the Properly sold prior to final plat acceptance, at least <br />30 days in advance of such action. All rights and obligations of this Development Agreement shall <br />transfer automatically upon conveyance to any third party. In the event of complete conveyance <br />of the entire Property, Developer, and any subsequent successor or assign, shall be automatically <br />released from any obligations under this Development Agreement. <br />Section 7. Party Addresses for Purposes of Notice. Whenever this Development Agreement <br />requires written notice be given to the Developer or the County, such notice shall be sent to the <br />following address. <br />Ranch on Swauk Creek, LLC. <br />P O Box 808 <br />Cle Elum, WA 98922 <br />Kittitas County <br />205 W 5th Ave Suite #108, <br />Ellensburg, WA 98926 <br />Section 8. Project is a Private Undertaking. It is agreed among the parties that the Project is a <br />private development and that the County has no propriety or other interest therein except as <br />authorized in the exercise of its government functions. <br />Section 9. Development Period. This Development Agreement shall commence on the effective <br />date of the Adopting Resolution by the Board of County Commissioners respecting this <br />Development Agreement, and shall continue in force for a period of Thirty (30) years unless <br />extended or terminated as provided for herein. Following expiration or earlier termination as <br />provided herein, this Development Agreement shall have no further force and effect, subject <br />however, to post termination obligations of the Developer. <br />Section 10. Vested Rights of Develo er. During the term of this Development Agreement, the <br />Developer is assured, and the County agrees, that the development and use rights, obligations, <br />terms and conditions specified in the Project are fully vested and may not be changed or modified <br />except as may be expressly permitted by, and in accordance with, the terms and conditions of this <br />Development Agreement, or as expressly consented thereto by the Developer. <br />Development Agreement — Page 4 of 12 <br />
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