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WIIEREA,S, the purpose of the TDRE is to provide public benefits by permanently protecting various types of land from residential developmcnt inctuding but not limited to rural farms, fann 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 l?' 13' with those lands being designated as ,,sending sites." All other rights of ownership, including the right to cotrtLrue to use or oreate new operations of such businosses as falming, 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 1?'13' WHF,REAS, development rights that may be transfened &Om 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 €asem€nt encumbering the sendiDg site property to indicate the extinguishment of the possibility of Residential Development onthe property' lryfIER-EAS, on october 2g,zo24,Grantor submitted an application to designate the Property as a sending site as provided under Kittitas county code ("KCC") chapter t?.13, and to obtaiu TDR Density credit(s) certificate(s) for bansfer from the Properly to eligible receiving sites' The TDRApplication matenals zubmitted by Grantor are on file with the county, in the community Development services office under File No' TD'24' o-ooos sprnvind Farm I, and are incorporated herein by this reference as if set forth in fuIl' Grantor rcpresents 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 properry has a total of one ( I ) TDR Density cre dit(s) available to transfer from the Properly to eligible receiving sites' WHEREAS,aTDRDensitycreditcertificateLetteroflntenthasbeenissuedbyKittitascounty'attached hereto as Exhibit B, to the Grantor for the Property stating that the Sending Site will provide one (l) TDR Density Credit(s)' WHER.EAS, Grantof 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,GrantorandGranteeagreethattheResidentialRestrictionsdefinedhereinshallrunwiththeland and bind the Property in perpetuity; WHEREAS, this easement may be modified as providcd for in KCC l?'13'080 (a) and as further defined in this dooumgnt. Now, TIIEREFoRE, 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: Section2.Conveyance,ConsiderationandPerpetualDuration I . The foregoing recitals are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein. z. This agreement establishes a Transfer of Development Rights Easement C'TDRE), as provided for in KCC 1?.13. ovsr and on the ProPertY' 3. ln consideration ofthe mutual covetrants, 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 and over the Properly subject only to the terms and reskictions contained in this TDRE' 4,ThisTDREisaconveyanceofaointerestiurealpropertyundertheprovisionsofRCW64'04'130'