Recorded Deed - Blue Jay Land Co

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Filed for Record 07 t29t2025 O2:03:22 PM - Kittitas County, WA Auditor - 202507290021 Page 3 of 37 VUmREAS, the residential development rights upon county approval and propedy extinguished from a desigrated sending site become Transfer of Development Rights Density Credits C'TDR Density Credits'), as they are deftred in KCC 17.13.015(?), and then can be applid punuant to the TDR Pmgram, to eligible 'teceiving sited'as they are defined in KCC 17.13.015(1). WffiREAS, Transfer of Development Rights Easernent f'TDRE ) means an easement placed on the Sending Site that eliminares the poissibility of residential developme,nt on said sending site, as firrther defned in KCC 17.r3.015(8). WHEREAS, the purpose of the TDRE is to provide public benefits by permanently protecting various types of land fiom residential development including but not limited to rural farms, lirm land forest lan4 land identified as a criticat area or frequently flooded area as identified in KCC l?A throug! the axtinguishment ofthe residential development rights allowed on the hoperty, as poved for in KCC l?.13, with those lands being desipated as nsendi'rg sites." All other righB of ownership, including tbe right to continue to use or create lrew operhtions ofsuch businesses as farming timber harvesting sports and recreation' and otrer uses permited within the zone remain with the owner of the underlying fee title as prorided for in KCC 17.13. WHEREAS; rlevelopment rights that may be bansferred from desipated sending sites to eligible receiving sites shau be documented under the TDR Program in one ormoreTDR Density Credit cartificates, a process which requires the recording ofa TDR conservation eassment encumbering the sending site property to indicate the extinguishment of the possibility of Residential Development on the property. WIEREAS, o nlvlay 31,2024, Grantor submitted an application to desigpate the hoperly as a sending site as provided under Kiflitas Gounty Code (-KCC) chapter 17.13, and to obtain TDR Density Credit(s) certifieate(s) fortransfer from the property to eligible receiving sites. Thc TDRApplication mderials submitted by Grantor are on file with the County, in the Community D6velopment Services Office rmder File No' TD'24'00001 Blue Jay Land Company, and are incorporated herein by this reference as if;et forth in full' Grantor represents that these application materials reflect existing conditions on the Property as of the date this Easement is executed- WffiREAS, the County has detemrined that the Property qualifies as a sending site under the TDR hogram. The Cognty has determined that the Properly has a total of 2l TDR Density Credit(s) availablc to hansfer ftom the Property to eligible receiving sites. WHEREAS, a TDR Density Credit Certificate Letter oflntent bas been issued by Kittitas County, attached hereto as Exhibit B, to the Grantor for the hoperty stating that the Sending Site will provide 2l TDR Credits. WEEREAS, Grantor now desires to document the residential developnent limitations on the Property .necessary securing the above identiFed TER credits by granting a Tlansfer of Development Rights Easement ("TDRE',) on the Property on the terms set forth herein; WEEpEAS, Grantor and Grantee agree lhat the Residential Restrictions defined herein shall run with the land aud bind tbe Property in perpetuity; WpREAS, this eas€ment may be modified as provided for in KCC 17.13.080 (4) and as frrther defined in this docrlment. NOW, THEREFORE, in consideration of ihe foregoing recirars, which afe hereby incorporated by reference, and the mutual covenants and agfeements set forlh hereiq ihe parties agrec as follows: Section 2- Conveyancer Consideration and Perpetual Duration I . 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 Thansfer of Development Rights Easement ('TDRE ), as provided for in KCC 17. 13. over and on the Property.