Spirit Wind Farm II - Laserfiche WebLink

Home Browse Search

they are dehned in KCC 17.13.015(7), and then can be applied, pursuant to the TDR Program, to eligible "receiving sites" as they are defined in KCC 17.13.015(l). WHEREAS, Transfer of Development Rights Easement ("TDRE") means an easement placcd on the Sending Site that eliminates the possibility of residential development on said sending site, as furth€r defined in KCC 17.13.015(8). WHEREAS, the purpose of the TDRE is to provide public benefits by permanently protecting various types of land from residential development including but not limited to rutal farms, farm land, forest land, land identified as a critical area or freqnently flooded area as identified in KCC I 7A through the cxtinguishment of the resi4ential 6evelnpmenr rightr allnwerl nn the Proprrty, ar prnved {irr in KCC 17.13, rvith those lands being designated as ,,sending sites.u All other rights of owncrship, including the right to continue to use or create new operations of such businesses as farming, 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 17.13. WHEREAS, development rights that may be transferred from designated sending sites to eligible receiving sites shall be documented under the TDR Program in one or morc TDR Density Credit certifrcates, a process which requires the recording of a TDR conservation easement encumbering the sending site property to indicate the extinguishment of the possibility of Residential Development on the property' WHEREAS, on October 28,2024,Grantor submitted an application to designate the Property as a sending site as provided under Kitritas County Code ("KCC") chapter I 7. 13, and to obtain TDR Density Credi(s) certificate(s) for transfer from the Property to eligible receiving sites. The TDR Application materials submitted by Grantor are on file with the County, in the Community Development Services Ofiice under File No. TD-24- 00006 Spirirwind Farm II and are incorporated herein by this reference as ifset forth in full. Grantor represents 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 Property has a total of thirty-four (34) TDR Density Credit(s) available to transfer from the Property to eligible receiving sites, WHEREAS, a TDR Density Credit Certificate Letter of Intent has been issued by Kittitas Counfy, attached hereto as Exhibit B, to the Grantor for the Property stating that the Sending Site will provide thirty-four (34) TDRDensity Credit(s), WIIEREAS, Grantor now desires to document the residential development limitations on thc Property nec€ssary securing the above identified TDR Credits by granting a Transfcr of Development Rights Easement ('TDRE') on the Property otr the terms set forth herein; WI{EREAS, Grantor and Grantee agree that the Residential Restrictions defined herein shall run with the land and bind the Property in perpetuity; WHEREAS, this easement may be modified as provided for in KCC 17.13,080 (a) and as further deflrned in this document. NOW, THEREFORE, 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: Section 2. Conveyance, Consideration and Perpetual Duration The foregoing recitals are hereby incorporated into and made a substantive part of this Agrecment as if fully set forth herein. This agreement establishes a Transfer of Development Rights Easement ("TDRE'), as provided for in KCC2. 17.13. over and on the ProPertY-