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AFTER RECORDING RETURN TO: <br />Kittitas County Community Development Services <br />411 North Ruby, Suite 2 <br />Ellensburg, Washington 98926 <br />DEED OF TRANSFER OF DEVELOPMENT RIGHTS CONSERVATION EASEMENT <br />(Kittitas County Transfer of Development Rights Program) <br />Grantor: Spirit Wind Farm of Thorp LLC with an address of PO Box 208 Thorp WA, 98946 <br />Grantee: Kittitas County <br />Legal Abbreviated Description: <br />Lot 38 of the Boundary Line Adjustment as filed with the Kittitas County Auditor AFN 200511010073 and located <br />in Book 31 of Surveys, Pages 231-235 located in Kittitas County, Section 3, Township 19 North, Range 14 East, <br />W.M. <br />Assessor's Property Tax Parcel Account Number: <br />949820 <br />Transfer of Development Rights Sending Site Certificate Numbers: 25-0032 <br />THIS TRANSFER OF DEVELOPMENT RIGHTS CONSERVATION EASEMENT is made <br />and entered into this day of , 20 . (“TDRE”) is made by Grantor in favor of <br />Kittitas County (“Grantee”) (collectively, the “Parties”). <br />Section 1. Recitals. <br />WHEREAS, Grantor is the sole owner in fee simple of certain real property located in Kittitas County, <br />Washington (the “County”), more particularly described in Exhibit A which exhibit is attached hereto and <br />incorporated herein by this reference (the “Property”). <br />WHEREAS, Grantor, as owner of the Property, has the right to identify and transfer the residential development <br />rights of the Property pursuant to KCC 17.13. <br />WHEREAS, chapter 17.13 of the Kittitas County Code (the “TDR Program”) authorizes the transfer of <br />residential development rights from “sending sites”, as they are defined in KCC 17.13. 015(2), which <br />permanently removes the residential development rights in those q ualifying areas as listed in the TDR Program <br />including but not limited to farmland, forest land, frequently flooded lands, and land containing identified <br />Critical Areas as provided for in Kittitas County Code Chapter 17A. <br />WHEREAS, the residential development rights upon county approval and properly extinguished from a <br />designated sending site become Transfer of Development Rights Density Credits (“TDR Density Credits”), as <br />they are defined in KCC 17.13.015(7), and then can be applied, pursuant to the TDR Program, to eligible <br />“receiving sites” as they are defined in KCC 17.13.015(1). <br />WHEREAS, Transfer of Development Rights Easement (“TDRE”) means an easement placed on the Sending <br />Site that eliminates the possibility of residential development on said sending site, as further defined in KCC <br />17.13.015(8).