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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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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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EXHIBIT E <br />Consent <br />NOTICE OF ASSIGNMENT OF TRUST WATER RIGHT AGREEMENT <br />AND <br />CONSENT TO ASSIGNMENT OF TRUST WATER RIGHT AGREEMENT <br />This NOTICE OF ASSIGNMENT OF TRUST WATER RIGHT AGREEMENT AND CONSENT TO <br />ASSIGNMENT OF TRUST WATER RIGHT AGREEMENT (hereinafter refened to as the "Notice of <br />Assignment") is entered into this _ day of _, 2024 by and between James P. Roan and Jan Roan, <br />Husband and Wife (hereinafter referred to as the "Roans"), Kittitas County (hereinafter referred to as the <br />"County") and the Washington State Department of Ecology (hereinafter referred to as "Ecology"). <br />NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter set forth, <br />the parties hereto hereby agree as follows: <br />1. Notice of Assignment for Trust Water Right Agreement dated August 7. 2012. In <br />accordance with paragraph 8 of the Trust Water Right Agreement dated August 7,2012, Roans give notice <br />to Ecology of its intent to assign the waterrights subject to and the benefits and obligations of the Trust <br />Water Right Agreement, to the County. <br />2. Existing Mitigation Responsibilities. The Roans, the County and Ecology recognize that <br />20.082 acre-feet of the Water Rights subject to the Trust Water Right Agreement noted above, have been <br />irrevocably assigned to other parties for mitigation of new groundwater uses. Ecology will maintain the <br />water rights for those purposes. This Agreement shall have no effect on those water users. <br />3. Effective Date. The effective date of the assignment of the Trust Water Right Agreements <br />specified above will be on the date written above. <br />4. Ecology Consent. Ecology hereby consents to the assignment by Roanto the County ofthe <br />Trust Water Right Agreement and beneficial interest ownership related water rights as specified above. <br />Ecology recognizes the remaining quantity of water available for mitigation of new uses is 10.682 AF (CU) <br />in accordance with the terms of the Trust Water Right Agreement referenced above. <br />5. Continuing Effect. The Roans, the County and Ecology agree that the water rights <br />referenced herein will continue to be owned by Ecology subject to the Trust Water Right Agreement <br />specified above, which will remain in full force and effect until and unless amended by a parly consistent <br />with the terms of said Trust Water Right Agreement. <br />IN WITNESS WFDREOF, the parties have signed and delivered this Notice and Consent as of the <br />day and year first written above. <br />[Signature blocks and acknowledgements to be added later] <br />1.6
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