Recorded Deed - Blue Jay Land Co

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Filed for Record 07129t2025 02:03:22 PM - Kittitas County, WA Auditor - 202507290021 Page 4 of 37 3. In consideration oftte mutual covenants, tetrms, conditions, and restrictions contained in this Transfer of Dcvelopment Rights Easement ("TDRE'), Grantorhereby volurtarily grants, conveys and warrauls to Grantee a TDRE, as provided for in KCC 17.13, on and over the Property subject only to the terms and reshictions contained in this mRE. 4. This TDRE is a oonveyuloe of an interest in real property rmder the provisions of RCW 64114'130. j. Grantor expressly intends that ttris TDRE nms with the land and that this Easement bd perpetually binding upon Grantor, Orantor's successorS and assigns unless terminated due to changed circumstances as provided in Section 8 herein' Sectlon 3. PurPose- The purpose ofthis TDRE is to nemove the possibly of residenfial development on qualifing fann land, forest lan4 land containing critical areas and/or freqgently flooded areas, as provided for in KCC 17.13'W .tansferring residentiat developqent rigfuts from those lands, designated as "sending sites,n to other eligible locationS, lnown as "rcceiving sitesn. This is achieved by acquiring and o<tinguisbing the residential development rigbts on sending sites and converting them hto mR Density Credits. The program allows for the tansfer of these credits to receiving sites to increase densit5r beyond the underlying mning limitations. Uses of rhe sending site(s) after ortinguishment of the residential development riglrts are allowed pursuant to KCC I ?. 13 and lhe underlying zoning code- Section 4. Righls Conveyed lo Gnntee. To accomplish the Purpose, the following n'gtrts areprovided to Grantee by this Easement: l. The right to enter the hoperty at reasonable times in order to monitor Crantor's compliance with and to enforce the terms of this Easemen! provided that such entry shall be cnnducted wi{h a minimrrm of 24 calendar-day written notice. Such visit sball not in any case unreasonably interfere with Grantort use and quiet eqiolment of the Prcperty. No right of access by the general public to the Property is authorized by this Easement without the Grantor's prior consent' Z. The right to enforce the terms of this Easement, as provided for in Section 7, inoluding the right to require the restoration ofthe Property to its condition prior to any violation ofthe tenns ofthis Easement. 3. No qther rights afe granted to Grantee other ihan those listed in subsections l. and 2. ofthis section. Seclion 5. Prohibited Uses and Activities' Grantor is prohibited from engaging in or permitting any of the following uses or activities on lhe hoperty: Grantor shall not use the Residential Development Rrghts now or hereafter associated with the Properly for Residential Development as the Residential Developnent Rights are pcnnanently removed and extinguished from the Property. Grantor shall not undertake any division, zubdivision or partitioning of the hoperty, whether by physical or legal process, which includes, but is not limited to, any subdivisioq short subdivision' plrttiog, uindiog site plan, adminishative segregations, boundary line adjusments, intervening ownership, one-time lot split, or other pmcess by which the Property is divided into lots or in which title to ilifferent portions of the Properly are not held in unified oumership (T'and Division'), unless such Land Division allocates ihe Reserved Development Rights, if any, between the divided parcels of 2. 3.