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GROUNDWATER MITIGATION AG REEMENT <br />TH|S AGREEMENT is made and entered into effective the <br />- <br />day of 2024, between <br />1. Rectraus <br />1.1 J.P. and Jan Roan ("Sellers") own surface water rights from First Creek, a tributary to <br />Swauk Creek and the Yakima River, which are described in Exhibit A and referred to in this Agreement <br />as the "Roan Trust Water Rights." Sellers have transferred the Roan Trust Water Rights to the <br />Department of Ecology's ("Ecology") State Trust Water Program, to be used for water banking <br />puipos"r under Chapier gd.AZ RCW. The Roan Trust Water Rights can be used !o provide mitigation <br />ior consumptive water uses associated with domestic water use and incidental irrigation for lawn and <br />noncommeicial garden use ("Consumptive Water Use"), as provided under WAC 173-539A. <br />i.3 Buyer owns real property in Kittitas County, Washington, legally described in Exhibit B <br />and referred to in this Agreement.asihe ''Properly." Buyer desires to obtain mitigation for Consumptive <br />Water Use impacts associated with the development of the Property. <br />1.4 Sellers are willing to provide mitigation for Consumptive Water Use on the Property' <br />as provided in this Agreement, subject to the terms herein. <br />2. Aeneeuenr <br />/N CONS/D ERATION of the foregoing and the performance of mutual covenants herein, the <br />parties agree as follows: <br />2.1 Mitioation Water Supolv. - Sellers agree to sell to Buyer, and Buyer agrees-to <br />purchasetroms@inaportionofSellers'TrustWaterRights,asmitigationfor <br />bonsumptive Water Use impacts associated with development of the Properly, under the terms and <br />conditions provided underthis Agreement. Buyer requests and Sellers agree to provide Consumptive <br />Water Use mitigation, subject to the conditions contained herein, as follows: <br />1 Residential unit, connected to an approved septic system <br />Square feet of lawn or noncommercial garden <br />purchase Price. -- As consideration for the Groundwater Mitigation Certificate <br />Auyer under this Agreement, Buyer agrees to pay to Sellers the sum of five thousand three <br />d oo/1oo dollars ($5,300.00) ("Purchase Price"). <br />500 <br />2.2 <br />provided to <br />hundred an <br />2.g Pavment of Purchase Price. - Buyer shall, within ten (10) calendar days from <br />executionottni@npaymentintheamountoftwenty-fivepercent(25o/o)ot <br />the Purchase Price in an escrow account with AmeriTitle, lnc., either at its Ellensburg office, located <br />at 101 W. sth Ave, Ellensburg, Washington ("AmeriTitle"). Buyer shall deposit the balance of the <br />purchase Price into the escrow account no later than seven (7) calendar days prior to closing' <br />2.4 Groundwater Mitiqation Certificate. - Sellers will deliver to escrow a "Groundwater <br />Mitigationcert@theavailabilityofmitigationforthecontemplated <br />Coniumptive Water Use on the Property, in perpetuity, as provided in this Agreement._ The <br />Groundwater Mitigation Certificate will be in a form that is suitable for recording with the County <br />Auditor. The Groundwater Mitigation Certificate will remain appurtenant to the Property and title to the <br />Sellers: J.P. and Jan Roan Buyer Clay and Deanna Quinn <br />13991 Reecer Creek Rd <br />Ellensburg, WA 98926 <br />Address P.O. Box 126 <br />Cle Elum, WA 98922