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Purchase and Sale Agreement
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2024-12-17 10:00 AM - Commissioners' Agenda
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Purchase and Sale Agreement
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Last modified
1/7/2025 9:10:20 AM
Creation date
1/7/2025 9:09:56 AM
Metadata
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Template:
Meeting
Date
12/17/2024
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve a Resolution to Ratify the Chair's Signature on the Trust Water Rights Purchase and Sale Agreement with James P. Roan and Jan Road and to Authorize Chair Signature on Closing Documents
Order
17
Placement
Consent Agenda
Row ID
125170
Type
Resolution
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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
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