SD Deed of TDR — Parcel 016833 (compressed)

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requires the recording of a TDR com,"adon easement encumbering the sending site property to indicate the extinguishment of the possibility of Residential Development on the property or certain areas of the property. WHEREAS, on January 30, 2026, Greater submitted an application to designate the Property as a sending site as providedunderKittitas County Code ("KCC") chapter 17.13, and to obtain TDRDensity Credit(s) certificates) 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 Office under File No. TD-26-00001 SolarDolor LLC, and are incorporated herein by this reference as if set forth in full. Grantor represents that these application materials reflect existing conditions on the Property as of the data this Easement is executed. WHEREAS, the County has determined that the Property qualifies as a sending site under theTDRProgram. The County has determined that the Property has a total of eightees (18) TDR Density Credir(s) available to transfer from the Property to eligible receiving sites. WHEREAS, a TDR Density Credit Certificate Letteroflntmt hasbeen issued by Kiltitas County, attached hereto as Exhibit B. to the Granter fan the Property staring that the Sending Site will provide eighteen (18) TDR Density Credit(s). WHEREAS, Granter now desires to document We residential development limitations on the Property necessary securing the above identified TDR Credits by granting a Transfer of Development Rights Easement ('TORE") 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; WHEREAS, this easement may be modified or temtinated only as provided for is Section 8 (Changed Circumstances) and Section 10 (Amendment), consistent with KCC 17.13.060. NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby incorporated by reference, and the mutual covenants and agreements act forth herein, the parties agree as follows: Section 2. Conveyance, Consideration and Perpetual Duration 1. The foregoing recitals are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein. 2. This agreement establishes a Transfer ofl) vclopmmt Rights Easement ("TDRE"), as provided for in KCC 17.13. over and on the Property. 3. In consideration of the mutual covenants, terms, conditions, and restrictions contained in this Transfer of Development Rights Easement (`TDRE"), Grantor hereby voluntarily grants, conveys and warrants to Creates a TDRE, as provided for in KCC 17.13, on and over the Property subject only to the terms and restrictions contained in this TDRE. 4. This TDRE is a cnaveyance ofan interest in real property under the provisions ofRCW 64.04,130. 5. Grantor expressly intends that this TDRE taus with the land and that this Easement be perpetually binding upon Creamy Grantor's successors and assigns unless terminated due to changed circumstances as provided in Section 8 herein. Section 3. Purpose. The purpose ofthis TDRE is to remove the possibility of residential development on qualifying farmland, forest land, land containing critical areas and/or frequently flooded areas, as provided for in KCC 17.13, by transferring residential development rights from those lands, designated as "sending sites," to other eligible locations, knows as "receiving sites". This is achieved by acquiring and extinguishing the residential development rights on sending