TD-24-00005 Spiritwind Farm I - Laserfiche WebLink

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WHEREAS, the purpose of the TDRE is to provide public benefits by permanently protecting various types of land from residential development including but not limited to rural farms, farm land, forest land, land identified as a critical area or frequently flooded area as identified in KCC 17A through the extinguishment of the residential development rights allowed on the Property, as proved for in KCC 17.13, with those lands being designated as "sending sites." All other rights of ownership, including the ri ght to continue to use or create new operations of such businesses as farming, timber harvesting, sports and recreation, and other uses permitted within the zone remain with the owner of the underlying fee title as provided for in KCC 17.13. WHEREAS, development rights that may be transferred from designated sending sites to eligible receiving sites shall be documented under the TDR Program in one or more TDR Density Credit certificates, a process which requires the recording of a TDR conservation easement encumbering the sending site property to indicate the extinguishment of the possibility of Residential Development on the property. WHEREAS, on October 28, 2024, Grantor submitted an application to designate the Property as a sending site as provided under Kittitas County Code (“KCC”) chapter 17.13, and to obtain TDR Density Credit(s) certificate(s) for transfer from the Property to eligible receiving sites . The TDR Application materials submitted by Grantor are on file with the County, in the Community Development Services Office under File No. TD -24- 00005 Spiritwind Farm I, and are incorporated herein by this reference as if set forth in full. Grantor represents that these application materials reflect existing conditions on the Property as of the date this Easement is executed. WHEREAS, the County has determined that the Property qualifies as a sending site under the TDR Program. The County has determined that the Property has a total of one (1) TDR Density Credit(s) available to transfer from the Property to eligible receiving sites. WHEREAS, a TDR Density Credit Certificate Letter of Intent has been issued by Kittitas County, attached hereto as Exhibit B, to the Grantor for the Property stating that the Sending Site will provide one (1) TDR Density Credit(s). WHEREAS, Grantor now desires to document the residential development limitations on the Property necessary securing the above identified TDR Credits by granting a Transfer of Development Rights Easement (“TDRE”) on the Property on the terms set forth herein; WHEREAS, Grantor and Grantee agree that the Residential Restrictions defined herein shall run with the land and bind the Property in perpetuity; WHEREAS, this easement may be modified as provided for in KCC 17.13.080 (4) and as further defined in this document. NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby incorporated by reference, and the mutual covenants and agreements set forth herein, the parties agree as follows: Section 2. Conveyance, Consideration and Perpetual Duration 1. The foregoing recitals are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein. 2. This agreement establishes a Transfer of Development Rights Easement (“TDRE”), as provided for in KCC 17.13. over and on the Property. 3. In consideration of the mutual covenants, terms, conditions, and restrictions contained in this Transfer of Development Rights Easement (“TDRE”), Grantor hereby voluntarily grants, conveys and warrants to Grantee a TDRE, as provided for in KCC 17.13, on an d over the Property subject only to the terms and restrictions contained in this TDRE. 4. This TDRE is a conveyance of an interest in real property under the provisions of RCW 64.04.130.