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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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15.2 After notice and expiration of the thirty (30) day period, if such default has not been <br />cured or is not being diligently cured in the manner set forth in the notice, the other party to this <br />Development Agreement or Landowner may, at its option, institute legal proceedings pursuant to <br />this Development Agreement. In addition, the county shall be entitled to enforce the Code and to <br />obtain penalties and costs as provided in the Code for violations of this Development Agreement <br />and the Code. Nothing in this Development Agreement is intended to limit the parties' ability to <br />seek and obtain legal remedies except as may be otherwise provided herein. <br />Section 16. Termination. This Development Agreement shall expire and/or terminate upon the <br />expiration of the term identified in Section 9 or when the Subject Property has been fully <br />developed, which ever first occurs, and all of the Developer's obligations in connection therewith <br />are satisfied as determined by the County. Upon termination of this Development Agreement, the <br />County shall record a notice of such termination reciting that the Development Agreement has <br />been terminated. This Development Agreement shall automatically terminate and be of no further <br />force and effect as to any dwelling unit or non-residential building and the lot or parcel upon which <br />such residence or building is located, when the same has been approved by the County for <br />occupancy. <br />Section 17. Effect of Termination on Developer Obligations. Termination of this Development <br />Agreement as to the Developer of the Property or any portion thereof shall not affect any of the <br />Developers obligations to comply with the County Comprehensive Plan and the terms and <br />conditions of any applicable zoning codes(s) or subdivision map or other land use entitlements <br />approved with respect to the Property, any other conditions of any other development specified in <br />the Development Agreement to continue after the termination of this Development Agreement or <br />obligations to pay assessments, liens, fees or taxes which would otherwise be applicable and due <br />without regard to the planned development of the Property. <br />Section 18. Effect of Termination on County. Upon termination of this Development Agreement <br />as to the Developer of the Property, or any portion thereof, the entitlements, conditions of <br />development, limitation on fees and all other terms and conditions of this Development Agreement <br />shall no longer be vested hereby with respect to the property affected by such termination <br />(provided that vesting of such entitlements, conditions or fees may be established for such property <br />pursuant to the existing planning and zoning laws). <br />Section 19. Covenants Running with the Land. The conditions and covenants set forth in this <br />Development Agreement and incorporated herein by the Exhibits shall run with the land. The <br />Developer, Landowner and every purchaser, assignee or transferee of an interest in the Property, <br />or any portion thereof, shall be obligated and bound by the terms and conditions of this <br />Development Agreement, and shall be the beneficiary thereof and a party hereto, but only with <br />respect to the Property, and only with respect to such portion thereof sold, assigned or transferred <br />to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties <br />and obligations of a Developer contained in this Development Agreement, as such duties and <br />obligations pertain to that portion of the Subject Property sold, assigned or transferred to it. <br />Section 20. Amendments to Development Agreement: Effect of Development A.-reement on <br />Development Agreement — Page 6 of 12 <br />
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