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Filed for Record 0712812025 09:06:15 AM - Kittitas County, WA Auditor -202507280008 Page2 of 23 flooded lands, and land containing identified Critical Areas as provided for in Klttitas County Code Chapter 17A. WHEREAS, the residentialdevetopment rights upon county approvaland propetly extinguished ftom a designated sendihg site become Transfer of Development Rights Density Credits ("TDR Density Gredits-'), as they are defined in KGQ 17.13.015(7); and lhen can be applied' pursuant to the TDR Program, to eligible "receiving sites" as they are defined in KCC 17,13'015(1)- WHEREAS, Transfer of Development Rights Easement CTDRE) means an easement placed on the Sending Site that ellminates the possibility of residentialdevelopment on said sending site, as turther defined in KCC 17.{3.015(8). WHEREAS, the purpose of the TDRE is to provide public benefits by permanently protecting various $pes of land from residenlial 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 thos6 lands being deslgnated as "sending sites." All other rights of ownership, including the right to continue to use or create new operations of such businesses as fardring, timber harvesting, sports and recreation, and other uses permitted within lhe zone remain with the owner of the underlying fe€ title as provided for in KCC 17-13. WHEREAS, development rights that may be transfened from designated sending sites to eligible receiving sites shall be documdnted under the TDR Pr6gram in orie or more TDR Density Credit certificates, a process which requires the recording of a TDR conservation easement encumbering the sending site property to indlcate the extinguishment of the possibility of Residentlal Development on the property. WHEREAS, on Qeptembet26,2024, Grantor submitted an application to designate the property as a sending sile 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 Gounty, in the Community Development Services Office under File No. TD-24-00004 \Mlliamson, and are incorporated herein by this reference as if s€t forth in full. Grantor represents that these application materials reflect exisling conditions on the Property as of the date this Easement ls execuled. WHEREAS, the county has determined thatthe Property qualifies as a sending site under lhe TDR program. The County has determined thatthe Property has a totalof 10 TDR Density credit(s) available to transfer ftom the Property to efigible ieceiving sites. WHEREAS, a TDR Density Credit Certificate Letter of lntent has been issued by Kiftitas County' attached hereto as Exhibit B, to the Grantor for the Property stating that the Sending Site will provide 10 Number of TDR Credits. 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;