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TD-24-00005 Spiritwind Farm I
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2026-02-03 10:00 AM - Commissioners' Agenda
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TD-24-00005 Spiritwind Farm I
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Last modified
1/29/2026 1:20:41 PM
Creation date
1/29/2026 1:16:00 PM
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Meeting
Date
2/3/2026
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve Transfer of Development Rights Conservation Easement (TD-24-00005 Spirtwind Farm I)
Order
16
Placement
Consent Agenda
Row ID
140878
Type
Resolution
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Notice and the associated requests outlined therein. The Board shall review the Staff Report and take <br />further action as deemed appropriate. <br />Section 9. Transfer of the Property. <br />Upon transfer of the Property or portion of the Property, or any interest in the Property, from one landowner to <br />another, the conveyance document shall expressly refer to this Easement and be subject to its terms, covenants, <br />conditions, and restrictions, which shall run with the land and bind the Property in perpetuity. The failure of <br />Grantor to perform any act required by this subsection will not impair the validity of this Easement or limit its <br />enforceability in any way. <br />Section 10. Amendment. <br />This Easement may be amended by agreement of the Parties. Any such amendment must be consistent with the <br />Purpose of this Easement and the provisions of the TDR Program and will be recorded in the official records of <br />Kittitas County, Washington, and any other jurisdiction in which such recording is required. <br />Section 11. Notices. <br />Any notice, approval or communication that either Party is required to send under this Easement must be given <br />in writing to the following addresses: <br />To Grantor: <br />Name Spiritwind Farms of Thorp LLC <br />Address PO Box 208 <br />City Thorp WA, 98946 <br />To Grantee: <br />Kittitas County Community Development Services <br />411 North Ruby, Suite 2 <br />Ellensburg, Washington 98926 <br />or to such other address as either party designated by written notice to the other. <br />Section 12. General Provisions. <br />1. Recordation. Grantee will record this Easement in a timely fashion in the official records of Kittitas County, <br />Washington, and in any other appropriate jurisdictions, and may re-record it at any time as may be required <br />to preserve its rights in this Easement. <br />2. Controlling Law and Interpretation. The interpretation and performance of this Easement is governed by the <br />laws of the State of Washington. Any general rule of construction to the contrary notwithstanding, this <br />Easement will be liberally construed in favor of the grant to affect the Purpose of this Easement, the <br />policies and purpose of the TDR Program and the policy and purposes of RCW 64.04.130 and chapters <br />84.33 and 84.34 RCW. If any provision in this instrument is found to be ambiguous, an interpretation <br />consistent with the Purpose that would render the provision valid will be favored over any interpretation <br />that would render it invalid. <br />3. Severability–Entire Agreement-No Forfeiture. If any provision of this Easement, or its application to any <br />person or circumstance, is found to be invalid, the remainder of the provisions of this Easement and the <br />application of such provision to any other persons or in any other circumstances shall remain valid. This <br />instrument sets forth the entire agreement of the Parties with respect to the Property and supersedes all prior
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