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Exhibits A, B , & C
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12. December
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2018-12-04 10:00 AM - Commissioners' Agenda
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Exhibits A, B , & C
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Last modified
2/18/2025 8:38:07 AM
Creation date
2/18/2025 8:37:52 AM
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Template:
Meeting
Date
12/4/2018
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 an Agreement to the Lease Water for Irrigation (Treat Lease)
Order
5
Placement
Consent Agenda
Row ID
49668
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6xhtbib <br />t <br />WATER RIGHT PURCHASD AND SALE AGREEMENT <br />This Purchase and Sale Agreement ("this Agreement") is entered into between, <br />Kittitas County, a political subdivision of the State of Washington <br />County"), and James and Hazel Treat (hereinafter "sellers"), as of <br />2017 {*the Effective Date"). <br />tr'actual Background <br />A. Sellers own Water Right Certificate No. S4-84509-J, filed as Water Right Claim <br />No. 01141 and confirmed in the Yakima Superior Cotxt Ecologt v. Acquavella <br />adjudication, which are more fully described in Exhibit A attached hereto (hereinafter <br />"Water Right"). The Water Right has been confirmed for the withdrawal of 1.2 cubic- <br />feet per second ("cfs"), 27 5 .64 acre-feet per year ("AF/year") for inigation of 60 acres <br />between April 15 and September 15, and year-round stockwater, with a priority date of <br />June 30, 1872. <br />B. The County is interested in purchasing the Water Right which curently is <br />appurtenant to Kittitas County parcel numbers I 8-20- 1 8000-0030, I s-20- I 8000-003 1, <br />I 8-20- I 8000-0006, I 8-20- 1 8000-0032 and I 8-20- 1 8000-003 3, which together comprise <br />95.4 acres, as more fully described in the legal description attached as Exhibit B hereto. <br />C. Sellers wish to reserve the quantity of nine (9) acre-feet per year of consumptive <br />use water under Water Right for their future personal use f'sellers' Reserved Quantity'). <br />The remainder of the Water Right not reserved by Sellers is hereinafter referred to as the <br />"Sale Quantity." <br />D. The County intends to transfer the entirc quantity of water ultimately deemed to <br />have been beneficially used under the Water Right to the Washington State Trust Water <br />Rights Program pursuant to Chapers 90.42 and90.38 RCW, with the County's <br />purchased portion thereof (the Sale Quantity) to serve as mitigation for existing and/or <br />future groundwater withdrawals in Kittitas County. Similarly, Sellers' Reserved Quantity <br />may be accessed in the future by Sellers to satisfy their personal water needs. <br />E. Sellers desires to sell to the County and the County desires to purchase from <br />Sellers the Sale Quantity and to take such other actions as herein provided. <br />Agreement <br />For valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, the County and Sellers agree as follows: <br />l. Purchase Plice for Sale Ouantitv untler Water Risht. The purchase price for the <br />Sale Quantity is Four Thousand Six Hundred Thirty-Two Dollars and Forty-Five Cents <br />Purchase and Sale Agreement <br />Between Kittitas County and <br />James and Hazel Treat <br />Page I of13
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