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Spirit Wind Farm II
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02. February
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2026-02-03 10:00 AM - Commissioners' Agenda
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Spirit Wind Farm II
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Last modified
8/3/2026 3:11:22 PM
Creation date
8/3/2026 3:11:06 PM
Metadata
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Template:
Meeting
Date
2/3/2026
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve Transfer of Development Rights Conservation Easement (TD-24-00006 Spiritwind Farm II)
Order
17
Placement
Consent Agenda
Row ID
140878
Type
Resolution
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Section 6. Reserved Rights of Grantor. <br />l. As owner of the Property, Grantor, retains the right to perforrr any act consistent with applicable zoning <br />existing as of the date of this easement, to the extent such act is not prohibited or limited under the terrts of <br />this Easement. These ownership rights include, but are not limited to, the right to continue operations, <br />create new uses of such businesses as farming, timber harvesting, and sports and recreation, and use the <br />property personally. Grantor maintains the right to exclude any member of the public from trespassing on <br />the properly. Grantor maintains the right to sell, lease or otherwise transfer the Property to anyone Grantor <br />chooses. <br />?. Grontor mol,build, maintainr repatrr renovrte, expand, or replace struchlrfil nn the Prnperfy that slpport <br />and/or used for allowed uses. New permanent residential structffes are not allowed. <br />3, All uses allowed by the underlying zoning of the property are allowed except for residential development. <br />4. Grantor and Grantee expressly acknowledge that this Easement does not require Grantor to engage in any <br />specific uses on the ProPerlY. <br />5. Grantor may undertake other commercial non-residential development uses and activities on the Property <br />as allowed by the underlying zoning as of the date of this easement' <br />6. Grantor may maintain, create, renov4te, expand, or replace eristing roa-ds axd utilities, or construst new <br />roads, utilities, or other facilities necessary to conduct allowed activities on the Property, and/orto access <br />and./or serve other lands not included in the Property' <br />Section 7. Enforcement. <br />If Grantee becomes aware of a violation of this Easement by Grantor, Grantee shall provide <br />Grantor written notic€ of such violation and conduct enforcement procedures as set forth in Kiftitas County <br />Code Title 18 Code Enforcement. <br />Section 8. Changed Circumstances and Termination <br />L Grantor and Grantee acknowledge that conditions may change in the areas neighboring the Property, <br />including, without limitation, increased developmen! land use and zoning changes. Grantor and Grantee <br />expressly intend that this Easement will continue in perpetuity regardless of such changed conditions or <br />circumstances unless this TDRE is modifisd by the Kittitas County Board of Commissioners. <br />Z. In the event that Grantor and/or Grantee believes that circumstances have changed due to development, <br />zoning, use or other circumstances in the surrounding areas such that it is no longer possible or in the <br />public interest for Grantor to continue to primarily use the Property without substantial economic hardship, <br />or that makes the Purpose of this TDRE no longer practicable, Grantor or Grantee may notiry the other in <br />writing of such changed circumstances (a "Changed Circumstances Notice") and indicating that it desires <br />to extinguish the TDRE. <br />3. The Changed Circumstance Notice must speciS the set of facts that the initiator (either the Grantor, <br />Grantee or both) of said notice believes to constitute a change in circumstances making it reasonably <br />necessary to extinguish or modiS this TDRE allowing future residential development on the property to <br />occur the initiator will include any supporting documentation as initiator believes to be reasonably <br />necessary. <br />4. The Changed Circumstances Notice shall be submitted to the Director of Kittitas County Community <br />Development Services for review The Director shall evaluate the Notice and prepare a StaffReport, which <br />shall include an analysis of the Changed Circumstances Notice and a recommendation for action. The Staff <br />Report shall be submitted to the Board, advising either approval or denial of the Changed Circumstances
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